[HISTORY: Adopted by the Town Council of the Town of Newton 4-9-2012 by Ord. No.
2012-12.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees and costs — See Ch. 100.
Flood damage prevention — See Ch. 120.
Historic preservation — See Ch. 139.
Land use procedures — See Ch. 166.
Stormwater control — See Ch. 258.
Zoning: form-based code — See Ch. 320.
Attachment 1 - Schedule A, Lighting
Attachment 2 - Schedule B, Types of Facilities or Uses That Are Deemed To Be Major Potential Pollutant SourcesAttachment 3 - Schedule C, Types of Facilities or Uses That Are Deemed To Be Minor Potential Pollutant SourcesAttachment 4 - Schedule D, Wellhead Protection Areas MapAttachment 5 - Schedule E, Riparian Zones MapAttachment 6 - Schedule F, Planning Board Application Checklist
Attachment 2 - Schedule B, Types of Facilities or Uses That Are Deemed To Be Major Potential Pollutant SourcesAttachment 3 - Schedule C, Types of Facilities or Uses That Are Deemed To Be Minor Potential Pollutant SourcesAttachment 4 - Schedule D, Wellhead Protection Areas MapAttachment 5 - Schedule E, Riparian Zones MapAttachment 6 - Schedule F, Planning Board Application Checklist[1]
Editor's Note: This ordinance also repealed former Ch.
240, Site Plan Review, adopted 6-8-1970 as Ch. 19A of the Revised
General Ordinances, as amended.
A.
Title and purpose. This chapter shall be known and may be cited as
the "Land Subdivision and Site Plan Ordinance of the Town of Newton."
The purpose of the chapter shall be to provide rules, regulations
and standards to guide land subdivision and site plan review in the
Town of Newton in order to promote health, safety, convenience and
general welfare of the municipality. It shall be administered to ensure
the orderly growth and development, the conservation, protection and
proper use of land and adequate provisions for circulation, utilities
and services.
B.
Approving agency. The provisions of this chapter shall be administered
by the Town Planning Board in accordance with all applicable provisions
of N.J.S.A. 40:55D-1 et seq.
As used in this chapter, the following words shall have the
meanings hereinafter set forth:
Soils that contain geologic deposits of iron sulfide minerals
(pyrite and marcasite) which, when exposed to oxygen from the air
or from surface waters, oxidize to produce sulfuric acid. Acid-producing
soils, upon excavation, generally have a pH of 4.0 or lower. After
exposure to oxygen, these soils generally have a pH of 3.0 or lower.
Information regarding the location of acid-producing soils in New
Jersey can be obtained from local Soil Conservation District offices.
The Planning Board or Construction Office with all of the
powers delegated, assigned, or assumed by them according to statute
or ordinance.
The individual, corporation or entity submitting an application
for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to § 25 or 27 of P.L. 1975, c.
291 (N.J.S.A. 40:55D-34 40:55D-36).
A formation, group of formations, or part of a formation
that contains sufficient saturated permeable rock, sand, or gravel
which is capable of storing and transmitting usable quantities of
water to wells and springs.
Performance or design standards established to minimize the
risk of contaminating groundwater or surface waters while managing
the use, manufacture, handling or storage of hazardous substances
or hazardous wastes.
Shall have the meaning ascribed to this term by the Surface
Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing
the antidegradation policies set forth in those standards, for protection
from measurable changes in water quality characteristics because of
their clarity, color, scenic setting, and other characteristics of
aesthetic value, exceptional ecological significance, exceptional
recreational significance, exceptional water supply significance,
or exceptional fisheries resources.
Those waters not designated as outstanding natural resource
waters or Category One waters in the Surface Water Quality Standards,
N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies
set forth in those standards.
An application form completed as specified by this or any
other applicable ordinance and the rules and regulations of the Planning
Board. A complete application includes all accompanying documents
required by ordinance for approval of the application for development.
Where applicable this includes, but is not limited to, a site plan
or subdivision plat, provided that the Planning Board or other reviewing
municipal agency may require such additional information not specified
in the ordinance. The Planning Board may also require revisions in
the accompanying documents which are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
municipal agency. An application shall be complete upon the meeting
of all requirements specified in the ordinance and in the rules and
regulations of the municipal agency, and shall be deemed complete
as of the day it is so certified by the administrative officer for
purposes of the commencement of the time periods for action by the
Planning Board or other municipal agency.
The degradation of natural water quality so that the water
is not suitable for human consumption.
Areas containing environmental constraints such as wetlands,
wetland buffers, riparian buffers, state waters, steep slopes or other
environmental features which are regulated by the NJDEP or this chapter.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining excavation or landfill, and any use or change in the use
of any building or other structure, or land or extension of use of
land, for which permission may be required pursuant to this act.
Any intentional or unintentional action or omission, unless
pursuant to and in compliance with the conditions of a valid and effective
federal or state permit, resulting in the releasing, spilling, pumping,
pouring, emitting, emptying or dumping of a hazardous substance into
the waters or lands of the state or into waters outside the jurisdiction
of the state when damage may result to the lands, waters or natural
resources within the jurisdiction of the state.
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream of water for
preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
The official action of the Planning Board taken on an approved
preliminary plat after all conditions, engineering plans, and other
requirements have been completed and the required improvements installed
or bonds properly posted for their completion. A plat that receives
such final approval shall have been prepared by a professional engineer
licensed in the State of New Jersey, and a land surveyor in compliance
with all of the provisions of N.J.S.A. 46:23-9.9 et seq.[1] and shall be the map which must be filed with the County
Clerk in accordance with N.J.S.A. 40:55D-54 in order to make the approval
binding.
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the County Clerk.
Shall have the meaning ascribed to this term by the Flood
Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., and regulations
promulgated thereunder published at N.J.A.C. 7:13 et seq., and any
supplementary or successor legislation and regulations from time to
time enacted or promulgated.
The sensation produced by luminance within the visual field
that is sufficiently greater than the luminance to which the eyes
are adapted to cause annoyance, discomfort or loss in visual performance
and visibility.
Water contained in interconnected pores of a saturated zone
in the ground that is available for wells and springs. A saturated
zone is a volume of ground in which the voids in the rock or soil
are filled with water.
Any substance designated under 40 CFR 116 pursuant to Section
311 of the Federal Water Pollution Control Act Amendments of 1972
(Clean Water Act) (Public Law 92-500; 33 U.S.C. § 1251 et seq.),
the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq.,
or "hazardous pollutant" as defined by the New Jersey Water Pollution
Control Act (N.J.S.A. 58:10A-1 et seq.). Substances listed include
petroleum, petroleum products, pesticides, solvents and other substances.
Any solid waste that is defined or identified as a hazardous
waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E et
seq., N.J.A.C. 7:26-8,[2] or 40 CFR Part 261.
Illuminating Engineering Society of North America. An organization
that recommends standards for the lighting industry.
An area that has been covered by a layer of material that
is highly resistant to infiltration by water.
A surface water body with definite bed and banks in which
there is not a permanent flow of water as shown on the New Jersey
Department of Environmental Protection Geographic Information System
(GIS) hydrography coverages or, in the case of a special water resource
protection area (SWRPA) pursuant to the stormwater management rules
at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle
map or in the County Soil Surveys.
Any surface water body shown on the New Jersey Department
of Environmental Protection Geographic Information System (GIS) hydrography
coverages or, in the case of a special water resource protection area
(SWRPA) pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the County Soil
Surveys; that is an impoundment, whether naturally occurring or created
in whole or in part by the building of structures for the retention
of surface water. This excludes sedimentation control and stormwater
retention/detention basins and ponds designed for treatment of wastewater.
Any form of artificial luminance emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance, as specified in § 240-7C.
A designated parcel, tract or area of land established by
a plat or otherwise, as permitted by law and to be used, developed
or built upon as a unit.
Any development that provides for ultimately disturbing one
or more acres of land. Disturbance for the purpose of this chapter
is the placement of impervious surface or exposure and/or movement
of soil or bedrock or clearing, cutting or removing of vegetation.
All subdivisions not classified as minor subdivisions.
The final map of a major subdivision which is presented to
the Planning Board for approval and which, if approved, shall be filed
with the County Clerk.
A composite of the mapped and written proposals recommending
the physical development of the Town which shall have been duly adopted
by the Planning Board.
Maximum permissible level of a contaminant in water measured
at the point of entry to the distribution system or at the free-flowing
outlet of the ultimate user of a public water system or other water
system to which state primary drinking water regulations apply. Any
contaminant added to the water under circumstances controlled by the
user, except a contaminant resulting from corrosion of piping and
plumbing caused by water quality, is excluded from this definition
(New Jersey Safe Drinking Water Act N.J.A.C. 7:10).
The division of a tract of land meeting one or more of the
following conditions:
[Amended 6-9-2014 by Ord. No. 2014-9]
The division of a parcel of land for the purpose of enlarging
an adjoining parcel wherein future use or development of the remaining
parcel is not adversely affected and no more than two lots plus a
remainder (three lots total) are created.
The division of a tract of land into a maximum of two lots plus
the remainder (three lots total) of the tract being subdivided wherein
all such lots or parcels meet all of the following requirements:
No new streets or roads shall be proposed.
The creation of the lots shall not produce an off-tract drainage
problem or result in the necessity for off-tract drainage improvements
or any other type of off-tract improvement.
The creation of the lots will not adversely affect the uniform
and comprehensive development of any remaining parcel or adjoining
land in terms of:
The final map of a minor subdivision which is presented to
the Planning Board for approval and which, if approved, shall be filed
with the County Clerk unless the subdivision is perfected by deeds
filed with the County Clerk.
New Jersey Department of Environmental Protection.
Glare resulting from excessive levels of illumination or
insufficiently shielded light sources emanating from light fixtures
in the field of view where the lens, lamp or reflector produces visible
glare above a height of five feet at a property line or a public roadway.
A map adopted in accordance with the provisions of N.J.S.A.
40:55D-32 et seq. Such map shall be deemed to be conclusive with respect
to the location and width of streets, public parks and playgrounds,
and drainage right-of-way shown thereon.
Located outside the lot lines of the lot in question but
within the property of which the lot is a part, which is the subject
of the development application, or contiguous portion of a street
or right-of-way.
Not located on the property which is the subject of a development
application, nor on the contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
An electrically powered illuminating device containing a
total light source of more than 1,800 initial lumens per fixture or
any spot or flood luminaire with a reflector contained in the lamp
component, such as a parabolic aluminized reflector (PAR) lamp, of
more than 900 initial lumens, which is permanently installed outdoors,
including, but not limited to, devices used to illuminate any site,
architectural structure, or sign.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided, to commence and maintain proceedings to subdivide
such land under this chapter and for the purpose of this chapter,
shall include developer, applicant, agent, engineer or other person
authorized to represent the owner as defined herein.
A surface water body that flows continuously through the
year in most years and shown on the New Jersey Department of Environmental
Protection Geographic Information System (GIS) hydrography coverages
or, in the case of a special water resource protection area (SWRPA)
pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the County Soil
Surveys.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board or other
approving body approves a plat, including performance bonds, escrow
agreements, and other similar collateral or surety agreements.
Any individual, public or private corporation, company, partnership,
firm, association, owner or operator, political subdivision of this
state, and any state, federal or interstate agency or an agent or
employee thereof.
A map or maps of a subdivision or site plan.
Drinking water exceeding a federal and/or state maximum contaminant
level (MCL).
A group or number of people living within a specified area
or sharing similar characteristics (such as occupation or age).
An activity or land use which may contribute to contamination of a source of drinking water. For the purposes of this chapter, potential pollutant sources are defined in § 240-10F.
The conferral of certain rights pursuant to §§
34, 36 and 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46, 40:55D-48
and 40:55D-49), prior to final approval after specific elements of
a development plan have been agreed upon by the Planning Board and
the applicant.
The preliminary map indicating the proposed layout of the subdivision submitted to the Secretary of the Planning Board for Planning Board consideration and tentative approval, and meeting the requirements of § 240-4 of this chapter.
A public water supply well which serves at least 15 service
connections used by year-round residents or regularly serves at least
25 year-round residents.
The land reserved or dedicated for installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the channel and providing for the flow
of water to safeguard the public against flood damage, sedimentation
and erosion.
A public water supply well that is not a public community
well and that regularly serves at least 25 of the same persons for
more than six months in any given calendar year.
The construction of structures or improvements on areas which
previously contained structures or other improvements.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law, or the alteration of any streets or establishment
of any new streets within any subdivision previously made and approved
or recorded according to law. Resubdivision shall not include conveyances
to combine existing lots by deed or other instrument.
The land and vegetation within and directly adjacent to all
surface water bodies including, but not limited to, lakes, ponds,
reservoirs, perennial and intermittent streams, up to and including
their point of origin, such as seeps and springs, as shown on the
New Jersey Department of Environmental Protection's GIS hydrography
coverages or, in the case of a special water resource protection area
(SWRPA) pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the County Soil
Surveys.
A plan approved by the Town Engineer. The plan shall be prepared
by a landscape architect, professional engineer or other qualified
professional, and shall evaluate the effects of any proposed activity/uses
on any riparian zone. The plan shall identify existing conditions,
all proposed activities, and all proposed management techniques, including
any measures necessary to offset disturbances to any affected riparian
zone.
A light fixture with cutoff optics that allows no direct
light emissions above a vertical cutoff angle of 90° above nadir
(straight down at perfect vertical), through the light fixture's
lowest light-emitting part. Any structural part of the light fixture
providing this cutoff angle must be permanently affixed.
Any drinking water aquifer upon which more than 50% of a
population group of 25 or more year-round residents depends and for
which there is no practicable or affordable alternate water supply.
A three-hundred-foot area provided on each side of a surface
water body designated as a C1 water or tributary to a C1 water that
is a perennial stream, intermittent stream, lake, pond, or reservoir,
as defined herein and shown on the USGS quadrangle map or in the County
Soil Surveys within the associated HUC 14 drainage, pursuant to the
stormwater management rules at N.J.A.C. 7:8-5.5(h).
Any slope equal to or greater than 20% as measured over any
minimum run of 10 feet. Steep slopes are determined based on contour
intervals of two feet or less.
Any avenue, street, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway, or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action, or a street or way
on a plat duly filed and recorded in the office of the County Clerk
prior to the appointment of a Planning Board and the grant to such
Board of the power to review plats. "Street" shall include the land
between the street lines whether improved or unimproved, and may comprise
pavement, shoulders, gutters, sidewalks, parking areas, and other
areas within the street lines. For the purpose of this chapter, streets
shall be classified as follows:
Arterial streets: those streets used primarily for fast or heavy
traffic.
Major streets: those streets used primarily for heavy local
and through traffic.
Collector streets: those streets which carry traffic from minor
streets to major streets, including principal entrance streets of
a residential development and streets for circulation within such
a development.
Minor streets: those streets used primarily for access to the
abutting properties.
Marginal access streets: those streets parallel or adjacent
to controlled access highways or major thoroughfares, and which provide
access to abutting properties and protection from through traffic.
Alleys: minor ways used primarily for vehicular service access
to the back or side of properties otherwise abutting on a street.
The edge of the improved street including pavement, shoulders,
gutters, sidewalks, parking areas, curbs and planting strips or pavers.
An applicant for development who seeks to subdivide the property
in question.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter, if no new streets are created:
Divisions of land, if found by the Planning Board or Technical
Review Committee thereof appointed by the Chairman to be used for
agricultural purposes where all resulting parcels are five acres or
larger in size.
Divisions of property by testamentary or intestate provisions.
Divisions of property upon court order, including but not limited
to judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
The conveyance of one or more adjoining lots, tracts or parcels
of land, owned by the same person or persons all of which are found
and certified by the administrative officer to conform with the requirements
of the municipal development regulations and are shown and designated
as separate lots, tracts or parcels on the Tax Map or atlas of the
Town. The term "subdivision" shall also include the term "resubdivision."
Any perennial stream, intermittent stream, lake, pond, or
reservoir. In addition, any regulated water under the Flood Hazard
Area Control Act rules at N.J.A.C. 7:13-2.2, or state open waters
identified in a letter of interpretation issued under the Freshwater
Wetlands Protection Act rules at N.J.A.C. 7:7A-3 by the New Jersey
Department of Environmental Protection Division of Land Use Regulation,
shall also be considered surface water bodies.
A committee of the Planning Board established by Chapter 166 to review any applications for development or requests for review presented to the Board which may benefit from preliminary review by the Board's professionals.
A use that is established for a fixed period of time with
the intent to discontinue such use upon the expiration of such time
and does not involve any permanent improvements on a property.
A species identified pursuant to the Endangered and Nongame
Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered
Species Act of 1973, 16 U.S.C. § 1531 et seq. or the Endangered
Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments
thereto.
That area of land within a wellhead protection area from
which groundwater may enter the well within two years.
That area of land within a wellhead protection area from
which groundwater may enter the well within five years.
That area of land within a wellhead protection area from
which groundwater may enter the well within 12 years.
The average time that a volume of water will take to travel
in the saturated zone from a given point to a pumping well.
A section of water designated as trout maintenance in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
A section of water identified as trout production in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
The well borehole and appurtenant equipment.
An area described in plan view around a well, from which
groundwater flows to the well and groundwater pollution, if it occurs,
may pose a significant threat to the quality of water withdrawn from
the well.
A.
Completeness review.
(1)
Content of application. Each application for approval of a minor
site plan or subdivision, preliminary site plan, preliminary major
subdivision, final site plan or subdivision, conditional use or variance
relief shall include all information and data listed in the appropriate
corresponding checklist as set forth in this chapter.[1]
[1]
Editor's Note: The Planning Board Application Checklist is included at the end of this chapter.
(2)
Completeness procedure.
(a)
The municipal agency or authorized committee or designee (hereinafter
called the "municipal agency") shall review all applications and accompanying
documents required by this chapter to determine that the application
is complete. An application for development shall be complete for
purposes of starting the applicable time period for action by the
Planning Board when so certified by the municipal agency. In the event
that the municipal agency does not deem the application complete within
45 days, the application shall be deemed complete for the purposes
of starting the applicable time period for action by the Planning
Board following the expiration of the forty-five-day time period.
The applicant may request one or more waivers from the submission
requirements upon presentation of reasons for granting the waiver.
The municipal agency shall grant or deny the requests for waivers
within 45 days. Nothing herein shall be construed as diminishing the
applicant's obligation to prove in the application process that
he or she is entitled to approval of the application.
(b)
The municipal agency may subsequently require correction of
any information found to be in error and submission of additional
information not specified in the checklist or any revisions in the
accompanying documents as are reasonably necessary to make an informed
decision as to whether the requirements necessary for approval of
the application for development have been met. The application shall
not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
municipal agency.
B.
Informal concept review.
(1)
Prior to any submittal of an application for development, the applicant
may request an informal review of a concept plan before the Planning
Board in order to:
(a)
Familiarize the applicant with the substantive and procedural
requirements of the Subdivision and Site Plan Ordinance.
(b)
Permit input from the Planning Board on the general design of
the project.
(d)
Advise the applicant of any public sources of information that
may assist the application.
(e)
Consider opportunities to increase the benefits of the development
and mitigate any impacts related to the development.
(f)
Identify policies and regulations that create opportunities
or pose significant constraints for the proposed development.
(2)
Neither the developer nor the Planning Board shall be bound by the
review of any concept plan.
(3)
Documents and fees to be submitted. Applicants seeking an informal
concept review before the Planning Board shall submit 18 copies of
the plan and one copy of the completed application and required review
fees to the Board Secretary.
(4)
Nature of the concept plan. The concept plan is a general plan that
need not be fully engineered. The plan or plat should be sufficiently
detailed to allow the Planning Board to make suggestions on general
site design and layout for circulation, stormwater management, location
of open space and buffers, building arrangements and to determine
how the proposal meets the Town's Master Plan goals and objectives.
C.
When site plan or subdivision approval are required.
(1)
Any property that is to be developed, redeveloped, altered or changed
in any way shall require a minor or major site plan approval or waiver
of same by the appropriate reviewing agency. Exempt from this process
are detached one-or two-unit dwellings on an individual lot and any
construction work considered to be ordinary repairs by the Zoning
Officer. Also exempt are changes in occupancy, changes in use or temporary
uses approved by the Zoning Officer. Further, emergency standby generators
with maximum energy output of not more than 25kW shall also be exempt
from site plan approval.
[Amended 3-25-2019 by Ord. No.
2019-1]
(2)
Subdivision approval shall be required prior to the recording of
any plat or deed affecting the subdivision of any land in the Town
of Newton.
D.
Dedication of right-of-way. No subdivision or site plan involving
any street(s) requiring additional right-of-way width as specified
in the Master Plan, Official Map or the street requirements of this
chapter shall be approved unless such additional right-of-way, along
one or both sides of said street(s), as applicable, be deeded to the
Town or other appropriate governmental agency.
E.
Traffic impact statement.
(1)
The Board may require a traffic impact statement as part of preliminary
approval of a major subdivision or site plan if, in the opinion of
the Board Engineer, the development could have an adverse impact on
the surrounding road network, site, ingress/egress or on-site circulation.
(3)
Submission format. All traffic impact statements shall provide a
description of the impact and effect of the proposed land development
upon all roads which are adjacent to or immediately affected by traffic
and shall specifically address the following items:
(a)
Existing conditions in the vicinity of the proposed project
including:
(c)
Traffic impacts caused by the proposed development as per change
in existing conditions.
(d)
Explanation of traffic reduction/traffic management plans necessary
pursuant to any current federal, state or county requirements.
(e)
Recommendations for alleviating or diminishing any possible
congestion or disruption to the established traffic pattern.
(f)
Any other information requested by the Board that is reasonably
required to make an informed statement of potential traffic impacts.
F.
Environmental impact statement.
(1)
The Board shall require an environmental impact statement as part
of preliminary approval of a major subdivision or site plan. The Board
may waive portions of the environmental impact statement requirements
upon a finding that a complete report need not be prepared in order
to evaluate adequately the environmental impact of a particular project.
The Board shall review the application with specific reference to
the following areas of concern:
(a)
More than 25% of the property has a grade of 15% or greater.
(b)
More than 25% of the property is within a floodplain.
(c)
The property is located in an area where potable water supplies
may be adversely affected.
(d)
Industrial activities involving the use, processing or manufacture
of hazardous, toxic or corrosive substances as defined and named in
regulations promulgated by the USEPA.
(e)
The visual impact of the project would be significant.
(f)
The proposal would result in negative impacts to critical environmental
areas.
(2)
Submission format. All environmental impact statements shall consist
of written and graphic materials which clearly present the following
information:
(a)
Project description. A description of the proposed project shall
be presented to indicate the extent to which the site must be altered,
the kinds of facilities to be constructed, and the uses intended.
The resident population, working population and visitor population
shall be estimated.
(3)
Site description and inventory. The suitability of the site for the
intended use shall be discussed. This shall include a description
of environmental conditions on the site which shall include, but not
be limited to, the following items:
(a)
Topography and soil types. A description and map of the topographic
conditions and soil types of the site shall be provided.
(b)
Contamination. Information regarding the presence or absence
of environmental contamination, including the presence of known or
suspected contaminants on site; prior uses of the property; and the
status of any past or present administrative or judicial proceeding
involving contamination or remediation of contamination on the site.
In appropriate cases, the Board may require similar information with
regard to surrounding sites.
(c)
Critical environmental areas. A description and map of the wetland
areas, wetland buffers and floodplains on the site shall be provided.
(d)
Surface water. A description and map of existing waterways and
water bodies that are partially or totally on the site shall be identified
along with any riparian issues that may be relevant to the development.
(e)
Unique scenic features. Describe and map those portions of the
site that can be considered to have unique scenic qualities and any
scenic view from the site.
(f)
Endangered species. A description and map of any threatened
or endangered species habitat located within the site.
(g)
Miscellaneous. When warranted, an analysis shall be conducted
of existing air quality and/or noise levels as prescribed by the New
Jersey Department of Environmental Protection.
(4)
Impact. The negative and positive impacts of the project during and
after construction shall be discussed. The specific concerns that
shall be considered include the following:
(a)
Soil erosion and sedimentation resulting from surface runoff.
(b)
Flooding and floodplain disruption.
(c)
Surface water quality.
(d)
Sewage disposal.
(e)
Solid waste disposal.
(f)
Scenic features on- and off site.
(g)
Air quality.
(h)
Noise levels.
(i)
Lighting levels, including trespass lighting.
(j)
Effect on community services, including projected population
increase, increase in municipal and school services and consequences
to municipal taxes.
(k)
Endangered species.
(l)
Critical environmental areas.
(5)
Mitigation measures. The applicant shall provide the measures that
will be utilized during the planning, construction and operation phases
of the project to minimize or eliminate negative impacts on- and off
site. Mitigation measures with regard to the following specific items
should be prioritized:
(a)
Stormwater management plans and plans for soil erosion and sedimentation
controls.
(b)
Water supply and water conservation proposals.
(c)
Noise reduction techniques.
(d)
Screening and landscaping intended to enhance the compatibility
of the development with adjacent areas.
(e)
Miscellaneous on-site and off-site public improvements.
(f)
Sewage disposal.
(g)
Endangered species.
(h)
Critical environmental areas.
(6)
Alternatives. A discussion of site design and project location alternatives
that were considered shall be provided. The discussion shall indicate
why an alternative was rejected if it would have resulted in less
of a negative impact than the proposed development.
(7)
Licenses, permits, and other approvals required by law. The applicant
shall list all known licenses, permits and other approvals required
by law in order to construct and operate the project as proposed.
The list shall include, at a minimum, approvals required by the Town,
county, state and federal governments. Where approvals have already
been granted, copies of said approvals should be attached to the report.
Where approvals are pending, a note should be added stating when the
application was submitted and when an approval is expected.
(8)
Documentation. All publications, file reports, manuscripts or other
written sources of information, which were consulted in preparation
of the environmental impact assessment, shall be listed and footnoted.
A list of all agencies and individuals from whom pertinent information
was obtained orally or by letter shall be listed separately. Dates
and locations of all meetings shall be specified.
(9)
Review. Applicants shall provide suitable mitigation for all adverse
environmental impacts and other conditions identified in the EIS and/or
in the course of the public hearings before the Board.
(10)
Development phasing. Whenever an applicant intends to construct
a development in phases, phasing information shall be included in
the plans for preliminary approval, and all phases shall be:
(a)
Fully functional, self-contained and self-sustaining with adequate
access, circulation, parking, utilities, open spaces and landscaping.
Each phase shall have the capacity to function perpetually independent
of subsequently proposed phases.
(b)
Provided with temporary or permanent transitional features,
buffers or protective areas necessary to prevent damage or detriment
to adjoining properties or to any completed section or stage. In addition,
such temporary or permanent transitional features, buffers or protective
areas shall not impede development of future sections or stages in
the planned development. Plans, estimated dates of completion for
each phase and specifications of each phase are to be filed with the
Board, with sufficient detail and scale to fully demonstrate the arrangement
and site locations of all structures, primary and accessory land uses,
parking, landscaping, public and private utilities and services, facilities
and land ownership conditions.
G.
Submission of minor subdivision plat.
(1)
Any owner of land within the Town, prior to subdividing or resubdividing
land where such subdivision is desired to qualify as a minor subdivision,
may submit an application for minor subdivision approval to the Secretary
of the Planning Board in accordance with the land use procedures herein
and according to the submission requirements of the minor subdivision
checklist.[3]
[3]
Editor's Note: The Planning Board Application Checklist is included at the end of this chapter.
(2)
If approved as a complete application for a minor subdivision by
unanimous action of the duly authorized committee of the Planning
Board, the duly authorized committee of the Planning Board shall report
its action at the next meeting of the Planning Board for a formal
vote on the resolution of approval of the duly authorized committee's
review. Upon a majority vote by the Planning Board, the Planning Board
may request to review the application for minor subdivision prior
to approving any resolution of approval. The final minor subdivision
plat, or deeds perfecting the subdivision, shall be submitted by the
subdivider to the Sussex County Planning Board for its consideration,
simultaneously with its submission to the Town Planning Board. Following
approval by the County Planning Board, 10 copies of a final minor
subdivision plat (or the original of subdivision's deed or deeds)
shall then be forwarded by the applicant to the Chairman and the Secretary
of the Planning Board for their signatures, and three signed copies
shall be returned to the applicant within one week following the next
regular meeting of the Planning Board. The latter shall also be signed
by the Town Engineer who shall evidence compliance with all approved
design and improvement standards. No further Planning Board approval
shall be required. If variances are required, or if the duly authorized
committee of the Planning Board deems the full Planning Board should
review the application, the application will be forwarded to the Planning
Board for review at a regular meeting.
(3)
The Secretary of the Planning Board shall forward one copy to each
of the following:
(5)
If a plat is not approved as a minor subdivision, a notation to that
effect shall be made on the plat which will be returned to the subdivider
for compliance with the procedures of this chapter.
H.
Submission of minor site plan.
(1)
Submission requirements for a minor site plan are provided for in
the Minor Site Plan and Subdivision Checklist included in this chapter.[5] Some or all or those requirements may be waived by the
reviewing agency.
[5]
Editor's Note: See the Planning Board Application Checklist
included at the end of this chapter.
(2)
Minor site plan classification criteria. An application may be designated
as a minor site plan if the following conditions are met:
[Amended 6-9-2014 by Ord. No. 2014-9]
(a)
The proposed site improvements do not exceed, cumulatively over
a five-year period, a total of 5,000 square feet.
(b)
The proposed building footprint is not increased, cumulatively
over a five-year period, by more than 2,000 square feet.
(c)
No hazardous or toxic materials are involved in business operation.
(3)
Minor site plan review criteria. In reaching a decision about a minor
site plan application, the reviewing board, or a duly authorized committee
of that board, shall consider the issues outlined below. Notice of
the meeting is not required for minor site plan review.
(a)
The extent of any new parking demand, how it will be met and
whether or not traffic conditions will be changed. In the case of
sites in the T-4, T-5 and T-6 Zones, shared parking, off-site parking
and other parking alternatives may be accepted.
(b)
The extent of any additional surface runoff and any impact on
adjoining properties. If there is an anticipated increase in runoff,
the approval shall be subject to the review and approval of the Board
Engineer.
(c)
The extent of any aesthetic impacts, either to the subject property
or adjoining properties. Changes to the building facade, landscaping
or other site features shall be considered in determining whether
or not any negative impacts will result.
(d)
The extent of any increase in the number of employees and any
impacts associated with that increase.
(e)
The extent of any exterior lighting changes and the impacts
associated with those changes.
(f)
The design of any proposed signage and whether or not it meets
the Town's design guidelines and sign regulations.
I.
Submission of preliminary plat of major subdivision for preliminary
approval.
(1)
Any owner of land who desires major subdivision approval shall submit
his application and maps and other required information in accordance
with the requirements of the Major Site Plan and Subdivision Checklist,[6] together with the required fees. The application and plat
shall be forwarded to the Technical Review Committee and Town Engineer
for review. If the Technical Review Committee finds the application
for development is incomplete, the developer shall be notified thereof
within 45 days of submission of such application, or it shall be deemed
to be properly submitted. If the applicant is not the record owner
of the title to the property being subdivided, he shall file a written
consent signed by the owner consenting to the making of the application.
The applicant shall forward one copy thereof to the Town Clerk. The
developer shall file copies with the County Planning Board for approval
or waiver of review.
[6]
Editor's Note: See the Planning Board Application Checklist
included at the end of this chapter.
(2)
The applicant shall notify all persons entitled to notice of the
hearing on the application in accordance with the provisions of the
Land Use Procedures Chapter[7] and N.J.S.A. 40:55D-12. If the Planning Board requires
any substantial amendment in the layout of improvements proposed by
the developer that have already been the subject of a hearing, an
amended application shall be submitted and proceeded upon as in the
case of the original application for development, including the giving
of notice in accordance with the provisions of N.J.S.A. 40:55D-12.
(4)
After the public hearing, the Planning Board shall take formal action
either approving or disapproving the preliminary plat within the time
required by N.J.S.A. 40:55D-48. For a subdivision of 10 or fewer lots,
the Planning Board shall grant or deny preliminary approval within
45 days of the date of the submission, and in the case of a subdivision
of more than 10 lots, it shall grant or deny preliminary approval
within 95 days of the date of such submission or within such further
time as may be consented to by the developer. Otherwise, the Planning
Board shall be deemed to have granted preliminary approval to the
subdivision. If the plat is disapproved, the reasons for disapproval
shall be given to the subdivider.
(5)
Approval of any application shall be conditioned on certification
by the Sussex County Soil Conservation District of a plan for soil
erosion and sediment control, pursuant to the provisions of N.J.S.A.
4:24-39 et seq.
(6)
If the Planning Board acts favorably on a preliminary plat, the Chairman
of the Planning Board shall affix his signature to the plat with a
notation that it has received tentative approval and return it to
the subdivider for compliance with final approval requirements.
(7)
A copy of the action taken by the Planning Board shall be forwarded
to the Town Clerk.
(8)
Preliminary approval shall, except as hereinafter set forth, confer
upon the applicant the following rights for a three-year period from
the date of such approval:
(a)
The general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements, layout and design standards for streets, curbs and sidewalks,
lot size, yard dimensions and off-tract improvements; except that
nothing herein shall be construed to prevent the Town from modifying
by ordinance such general terms and conditions of preliminary approval
as may relate to public health and safety.
(b)
The applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary subdivision plat.
(c)
The applicant may apply for and the Planning Board may grant
extensions on such preliminary approval for additional periods of
at least one year, but not to exceed a total extension of two years;
provided that if the design standards have been revised by ordinance,
such revised standards may govern.
(d)
In the case of a subdivision for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection I(8)(a), (b) and (c) hereinabove for such period of time longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the Planning Board may thereafter grant, an extension of preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration:
[1]
The number of dwelling units under preliminary approval.
[2]
The potential number of dwelling units and nonresidential floor
area of the section or sections awaiting final approval.
[3]
Economic conditions.
[4]
The comprehensiveness of the development, provided that if the
design standards have been revised, such revised standards shall govern.
J.
Improvement or guarantees prior to final approval.
(1)
No final plat shall be finally approved by the Planning Board until the satisfactory completion of all improvements required under § 240-7 have been certified to the Board by the Town Engineer, or unless the subdivision owner or owners shall likewise have satisfactorily completed:
(a)
All required utility installations and their appurtenances including
water mains, gas, sanitary sewers, and drainage; all in accordance
with the Town's specifications and as may be required by the
Planning Board and Council.
(b)
Grading and constructed surfacing of the "base course" of all streets and the installation of all curbs and gutters where required by § 240-5D and E of this chapter, in accordance with Town specifications and as required by the Planning Board, and filed with the Town Council a performance guarantee in the form required by the Planning Board and Council sufficient in amount to cover 120% of the cost of all other improvements required by the Planning Board and Council, together with either cash or a cashier's or certified check sufficient in an amount to cover an amount equal to 10% of the cost of the improvements pursuant to N.J.S.A. 40:55D-53, all as estimated by the Town Engineer, and assuring the proper installation of the improvements by or before an agreed date; which 10% shall be held in escrow by the treasurer and deposited or invested in the manner prescribed by law for municipal funds, the principal amount to be refunded to the subdivision owner or owners upon satisfactory completion of all improvements and for release of the applicable performance guarantee or sooner, in the sole discretion of the Planning Board and the Town Council.
(c)
For improvements to the site that require ongoing maintenance,
such as landscaping, the Town Council may require a maintenance guarantee
to be posted for a period not to exceed two years after final acceptance
of the improvement, in an amount not to exceed 15% of the cost of
the improvement, which cost shall be determined by the Town Engineer
according to the method of calculation set forth in N.J.S.A. 40:55D-53.4.
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Town for such utilities or improvements.
K.
Submission of final plat of major subdivision.
(2)
Eighteen black-and-white prints, 13 half scales and five full scales,
together with four copies of the application form for final approval,
shall be submitted to the Secretary of the Planning Board at least
10 days prior to the date of the regular Planning Board meeting. Unless
the preliminary plat is approved without changes, the final plat shall
have incorporated all changes or modifications required by the Planning
Board.
(3)
The final plat shall be accompanied by a statement by the Town Engineer
that all required utility installations and their appurtenances including
water mains, gas, sanitary sewers, and drainage have been satisfactorily
installed and constructed, and that he is in receipt of a map showing
all said utilities in exact location and elevation, and that:
(a)
The developer has completed grading and constructed surfacing of the base course of all streets in accordance with Town specifications, and that performance guarantees as required by § 240-5H of this chapter have been posted and deposited with the Town in a sufficient amount to insure the completion of all required improvements.
(b)
The amount of the guarantee and cash deposit shall be based
upon the Town Engineer's estimate of cost.
(4)
Unless the subdivider has filed a statement from the Sussex County
Planning Board certifying compliance with all submission requirements
of the Board as to the subdivision in question, one copy of the application
and two copies of every plan shall be forwarded to the Sussex County
Planning Board for its review and/or approval prior to final approval
by the Newton Planning Board. If the Sussex County Planning Board
has approval authority, its action shall be noted on the plat.
(5)
Final approval shall be granted or denied within the time specified
in the Land Use Procedures Chapter.[9] Failure of the Planning Board to act within the period
prescribed shall constitute final approval and a certificate of the
Secretary of the Board as to the failure of the Planning Board to
act shall be issued on request of the applicant. Such certificate
shall be sufficient in lieu of the written endorsement or other evidence
of approval herein required and shall be so accepted by the County
Clerk for purposes of filing final subdivision plats.
(6)
Upon final approval, copies of the final plat shall be filed by the
Planning Board with the following:
(7)
Within 95 days of final approval, the final plat shall be filed by
the subdivider with the County Clerk in accordance with the provisions
of N.J.S.A. 40:55D-54. For good and sufficient reasons, the Planning
Board may extend the time for filing for an additional period not
to exceed 190 days from the date of the signing of the plat.
(8)
No plat shall be offered for filing to the County Clerk unless it
has been duly approved by the Planning Board and signed by the Chairman
and Secretary thereof.
(9)
Original Mylars of the final approved plat shall be submitted to
the Board Secretary in sufficient number as required by the County
Planning Board for signature by the Planning Board Chair, Board Secretary
and Board Engineer.
A.
Administrative application requirements. All applications before
the Planning Board shall be accompanied by the following information:
(1)
Application form (original plus 17 copies).
(2)
Fees and escrow deposits.
(3)
Certification of taxes, liens and assessments paid.
(4)
Eighteen copies of proposed plan.
(5)
Affidavit of ownership/authorization form.
(6)
Site inspection authorization.
(7)
Compliance with legal notice requirements including proof of publication
and proof of service (except minor subdivisions and minor site plan
not requiring variances).
(8)
Corporation or partnership form.
(9)
Listing of all variances, design standards, checklists waivers and
justification.
(10)
Copies of all prior resolutions pertaining to the subject property.
(11)
Two recent photographs of the property (except minor subdivisions).
(12)
Copy of Sussex County Planning Board application.
(13)
Copy of soil erosion/sediment control application (except minor
subdivisions).
(14)
Copy of NJDOT/NJDEP applications.
B.
Minor subdivision plat. The minor subdivision plat shall be based
on Tax Map information or some other similarly accurate base and shall
show or be accompanied by the following information:
(1)
Plan clearly and legibly drawn or reproduced at a scale not smaller
than one inch equals 50 feet.
(2)
Sheet size, 24 inches by 36 inches.
(3)
Name, address, license number of plan preparer, signature, original
raised seal.
(4)
Title block.
(5)
Record owner(s) name and address.
(6)
Applicant's name, address, phone number, fax number and e-mail.
(7)
Name of project, if any.
(8)
Date of map preparation and each subsequent revision.
(9)
Zoning district of parcel and surrounding lands.
(10)
Zoning chart listing existing/proposed requirements for area,
setbacks, lot coverage, height, density, floor area, ratio, parking.
(11)
Existing structures within 200 feet and distance to property
line.
(12)
Each block and lot numbered in conformity with the municipal
Tax Map as determined by the municipal Tax Assessor with street address
from the 911 Coordinators.
(13)
Copy of Sussex County Planning Board application.
(14)
Scale of map, both written and graphic.
(15)
North arrow giving reference meridian.
(16)
Properties within 200 feet, lot and block number and owner,
outline of two-hundred-foot perimeter.
(17)
Tax Map sheet number.
(18)
Key map showing location of tract to be considered in relation
to surrounding area, within 200 feet. Scale not less than one inch
equals 400 feet and north arrow.
(19)
Area of entire tract.
(20)
Metes and bounds of proposed lot(s).
(21)
Area and frontage of proposed lot(s).
(22)
Area/frontage of remaining tract.
(23)
Property lines to the nearest hundredth.
(24)
Bearings to the nearest second.
(25)
Lot acreage to the nearest hundredth.
(26)
Building envelopes.
(27)
Location of existing railroads, bridges, culverts, drainage
pipe, water and sewer, utility poles and underground utilities.
(28)
Natural features including existing vegetation, wet areas, watercourse,
floodplain limit, rock outcroppings.
(29)
Existing/proposed driveway locations with sight distance profiles.
(30)
Road locations, names, with right-of-way.
(31)
Sight triangle, drainage, utility, driveway and other easements.
(32)
Provisions for certification and approvals.
(33)
If wetlands are present, a delineation is needed and an absence/presence
letter to determine buffer width.
(34)
Written confirmation from Tax Assessor that proposed lot numbers
are acceptable.
(35)
Copy of current deed and all easements/restrictions.
(36)
A CAD file of subdivision for Tax Map updates.
C.
Major subdivision preliminary plat. The preliminary plat shall be clearly and legibly drawn by a land surveyor or engineer licensed in the State of New Jersey. The plat shall be designed in compliance with the provisions of § 240-8 of this chapter, and shall show or be accompanied by the following information:
(1)
Plan clearly and legibly drawn or reproduced at a scale not smaller
than one inch equals 50 feet.
(2)
Sheet size, 24 inches by 36 inches.
(3)
Name, address, license number of plan preparer, signature, original
raised seal.
(4)
Title block.
(5)
Record owner(s)' name and address.
(6)
Applicant's name, address, phone number, fax number and e-mail.
(7)
Name of project, if any.
(8)
Date of map preparation and each subsequent revision.
(9)
Zoning district of parcel and surrounding lands.
(10)
Zoning chart listing existing/proposed requirements for area,
setbacks, lot coverage, height, density, floor area, ratio, parking.
(11)
Existing structures within 200 feet and distance to property
line.
(12)
Each block and lot numbered in conformity with the municipal
Tax Map as determined by the municipal Tax Assessor.
(13)
Copy of Sussex County Planning Board application.
(14)
Scale of map, both written and graphic.
(15)
North arrow giving reference meridian.
(16)
Properties within 200 feet, lot and block number and owner,
outline of two-hundred-foot perimeter.
(17)
Tax Map sheet number.
(18)
Key map showing location of tract to be considered in relation
to surrounding area, within 200 feet. Scale not less than one inch
equals 400 feet and north arrow.
(19)
Area of entire tract.
(20)
Metes and bounds of proposed lot(s).
(21)
Area and frontage of proposed lot(s).
(22)
Area/frontage of remaining tract.
(23)
Property lines to the nearest hundredth.
(24)
Bearings to the nearest second.
(25)
Lot acreage to the nearest hundredth.
(26)
Building envelopes.
(27)
Location of existing railroads, bridges, culverts, drainage
pipe, water and sewer, utility poles and underground utilities.
(28)
Natural features including existing vegetation, wet areas, watercourse,
floodplain limit, rock outcroppings.
(29)
Existing/proposed driveway locations with sight distance profiles.
(30)
Open space, buffer zone, recreation areas, municipal and public
areas and lands to be conveyed to the Town if applicable.
(31)
Plan and profiles of road locations, type, size, width of right-of-way,
paving materials, edge of pavement, curbs, sidewalks, catch basins,
drainage structures, all utilities, rights-of-way easements, existing
buildings or other structures. Profile shall be at a scale of one
inch equals five feet vertical; one inch equals 50 feet horizontal.
(32)
Road cross sections every 50 feet along center line at a scale
of one inch equals five feet horizontal and vertical.
(33)
Existing and proposed contours at five-foot intervals for slopes
15% or greater; two-foot intervals for lesser slopes.
(34)
Earthwork summary.
(35)
Cut and fill limits.
(36)
Location of proposed drainage structures, curbs, swales, berms,
guide rails, edge of pavement, sidewalks.
(37)
Construction details for drainage structures, curb, guide rail,
pavement design, sidewalks.
(38)
Existing/proposed driveway locations with sight distance profiles.
(39)
Road locations, names, with right-of-way.
(40)
Sight triangle, drainage, utility, driveway and other easements.
(41)
Provisions for certification and approvals.
(42)
NJDEP letter of interpretation regarding the presence/absence
of wetlands on property and within 150 feet. If wetlands are present,
line verified by NJDEP and transition area established. NJDEP reference
number on plan.
(43)
Written confirmation from Tax Assessor that proposed lot numbers
are acceptable.
(45)
Environmental impact statement.
(47)
Copies of protective covenants, deed restrictions or homeowner
association documents.
(48)
Building floor plan, elevation views and first-floor elevation
with overall building height.
(49)
Compliance with ADA requirements.
(50)
Copy of current deed and all easements/restrictions.
D.
Major subdivision final plat. The final plat shall be drawn in ink
on tracing cloth or in a CAD file reproducible on Mylars in compliance
with all the provisions of N.J.S.A. 46:23-9 et seq.[2] The final plat shall show or be accompanied by the following:
(1)
Plan clearly and legibly drawn or reproduced at a scale not smaller
than one inch equals 50 feet.
(2)
Sheet size, 24 inches by 36 inches.
(3)
Name, address, license number of plan preparer, signature, original
raised seal.
(4)
Title block.
(5)
Record owner(s) name and address.
(6)
Applicant's name, address, phone number, fax number and e-mail.
(7)
Name of project.
(8)
Date of map preparation and each subsequent revision.
(9)
Certification of accuracy by preparer.
(10)
Zoning district of parcel and surrounding lands.
(11)
Zoning chart listing existing/proposed requirements for area,
setbacks, lot coverage, height, density, floor area, ratio, parking.
(12)
Proposed developer's agreement.
(13)
Existing structures within 200 feet and distance to property
line.
(14)
Obtain each block and lot numbered in conformity with the municipal
Tax Map as determined by the municipal Tax Assessor. Copy of Sussex
County Planning Board application.
(15)
Scale of map, both written and graphic.
(16)
North arrow giving reference meridian.
(17)
Properties within 200 feet, lot and block number and owner,
outline of two-hundred-foot perimeter.
(18)
Tax Map sheet number.
(19)
Key map showing location of tract to be considered in relation
to surrounding area, within 200 feet. Scale not less than one inch
equals 400 feet and north arrow.
(20)
Area of entire tract.
(21)
Metes and bounds of proposed lot(s).
(22)
Area and frontage of proposed lot(s).
(23)
Area/frontage of remaining tract.
(24)
Property lines to the nearest hundredth.
(25)
Bearings to the nearest second.
(26)
Lot acreage to the nearest hundredth.
(27)
Building envelopes.
(28)
Location of existing railroads, bridges, culverts, drainage
pipe, water and sewer, utility poles and underground utilities.
(29)
Natural features including existing vegetation, wet areas, watercourse,
floodplain limit, rock outcroppings.
(30)
Open space, buffer zone, recreation areas, municipal and public
areas and lands to be conveyed to the Town if applicable.
(31)
Plan and profiles of road locations, type, size, width of right-of-way,
paving materials, edge of pavement, curbs, sidewalks, catch basins,
drainage structures, all utilities, rights-of-way easements, existing
buildings or other structures. Profile shall be at a scale of one
inch equals five feet vertical; one inch equals 50 feet horizontal.
(32)
Location of proposed drainage structures, curbs, swales, berms,
guide rails, edge of pavement, sidewalks.
(33)
Construction details for drainage structures, curb, guide rail,
pavement design, sidewalks.
(34)
Existing/proposed driveway locations with sight distance profiles.
(35)
Road locations, names, with right-of-way.
(36)
Sight triangle, drainage, utility, driveway and other easements.
(37)
Provisions for certification and approvals.
(38)
Letter itemizing all elements covered under performance guarantee.
(39)
Letter of approval and certification from Town Engineer.
(40)
Letter certifying conformance to preliminary plat by applicant's
engineer.
(41)
"I certify that (NAME OF STREET OR STREETS) are approved roads
by the Planning Board of the Town of Newton. Approval of this map
shall not be construed as acceptance of said roadways indicated herein,
nor shall such approval obligate the Town of Newton to maintain or
exercise jurisdiction on said road or street until such time said
road may be accepted by the Town of Newton."
|
Signature of __________
| |
|
Town Clerk
|
(42)
Copies of stream encroachment permit applications, if applicable.
(43)
NJDEP letter of interpretation regarding the presence/absence
of wetlands on property and within 150 feet. If wetlands are present,
line verified by NJDEP and transition area established. NJDEP reference
number on plan.
(44)
Written confirmation from Tax Assessor that proposed lot numbers
are acceptable.
(45)
Copies of protective covenants, deed restrictions and homeowner's
association documents.
(46)
A CAD file of subdivision for Tax Map updates.
(47)
Final as-built plan.
[2]
Editor's Note: N.J.S.A. 46:23-9 was repealed by L. 1953, c.
358, p. 1941, § 7, effective 1-1-1954. N.J.S.A. 46:23-9.7 et
seq. were repealed by L. 2011, c. 217, § 2, effective 5-1-2012.
E.
Minor site plan. The minor site plan shall be clearly and legibly
drawn by a land surveyor or engineer licensed in the State of New
Jersey or other licensed professional qualified to prepare site plans.
The plan shall show or be accompanied by the following information:
(1)
Plan clearly and legibly drawn or reproduced at a scale not smaller
than one inch equals 50 feet.
(2)
Sheet size, 24 inches by 36 inches.
(3)
Name, address, license number of plan preparer, signature, original
raised seal.
(4)
Title block.
(5)
Record owner(s) name and address.
(6)
Applicant's name, address, phone number, fax number and e-mail.
(7)
Name of project, if any.
(8)
Date of map preparation and each subsequent revision.
(9)
Zoning district of parcel and surrounding lands.
(10)
Zoning chart listing existing/proposed requirements for area,
setbacks, lot coverage, height, density, floor area, ratio, parking.
(11)
Scale of map, both written and graphic.
(12)
North arrow giving reference meridian.
(13)
Tax Map sheet number.
(14)
Key map showing location of tract to be considered in relation
to surrounding area, within 200 feet. Scale not less than one inch
equals 400 feet and north arrow.
(15)
Area of entire tract.
(16)
Lot acreage to the nearest hundredth.
(17)
Building envelopes.
(18)
Location of existing railroads, bridges, culverts, drainage
pipe, water and sewer, utility poles, and underground utilities.
(19)
Existing/proposed driveway locations.
(20)
Road locations, names, with right-of-way.
(21)
Sight triangle, drainage, utility, driveway and other easements.
(22)
Provisions for certification and approvals.
(23)
Soil erosion plans and details.
(24)
Lighting plan, including fixture and footing details, wattage,
height, isolux patterns.
(25)
If wetlands are present, a delineation is needed and an absence/presence
letter to determine buffer width.
(26)
Compliance with ADA requirements.
(27)
Copy of current deed and verification of all utilities, easements
and restrictions.
(28)
Property survey signed and sealed by a New Jersey licensed surveyor.
F.
Preliminary major site plan. The preliminary major site plan shall
be clearly and legibly drawn by an engineer licensed in the State
of New Jersey or other licensed professional qualified to prepare
site plans. The plan shall show or be accompanied by the following
information:
(1)
Plan clearly and legibly drawn or reproduced at a scale not smaller
than one inch equals 50 feet.
(2)
Sheet size, 24 inches by 36 inches.
(3)
Name, address, license number of plan preparer, signature, original
raised seal.
(4)
Title block.
(5)
Record owner(s) name and address.
(6)
Applicant's name, address, phone number, fax number and e-mail.
(7)
Name of project.
(8)
Date of map preparation and each subsequent revision.
(9)
Certification of accuracy by preparer.
(10)
Zoning district of parcel and surrounding lands.
(11)
Zoning chart listing existing/proposed requirements for area,
setbacks, lot coverage, height, density, floor area, ratio, parking.
(12)
Proposed developer's agreement.
(13)
Existing structures within 200 feet and distance to property
line.
(14)
Obtain each block and lot numbered in conformity with the municipal
Tax Map as determined by the municipal Tax Assessor and obtain street
address from the 911 Coordinators. Copy of Sussex County Planning
Board application.
(15)
Scale of map, both written and graphic.
(16)
North arrow giving reference meridian.
(17)
Properties within 200 feet, lot and block number and owner,
outline of two-hundred-foot perimeter.
(18)
Tax Map sheet number.
(19)
Key map showing location of tract to be considered in relation
to surrounding area, within 200 feet. Scale not less than one inch
equals 400 feet and north arrow.
(20)
Area of entire tract.
(21)
Property lines to the nearest hundredth.
(22)
Bearings to the nearest second.
(23)
Lot acreage to the nearest hundredth.
(24)
Building envelopes.
(25)
Location of existing railroads, bridges, culverts, drainage
pipe, water and sewer, utility poles and underground utilities.
(26)
Natural features including existing vegetation, wet areas, watercourse,
floodplain limit, rock outcroppings.
(27)
Plan and profiles of road locations, type, size, width of right-of-way,
paving materials, edge of pavement, curbs, sidewalks, catch basins,
drainage structures, all utilities, rights-of-way easements, existing
buildings or other structures. Profile shall be at a scale of one
inch equals five feet vertical; one inch equals 50 feet horizontal.
(28)
Existing and proposed contours at five-foot intervals for slopes
15% or greater; two-foot intervals for lesser slopes.
(29)
Earthwork summary.
(30)
Cut and fill limits.
(31)
Location of proposed drainage structures, curbs, swales, berms,
guide rails, edge of pavement, sidewalks.
(32)
Construction details for drainage structures, curb, guide rail,
pavement design, sidewalks.
(33)
Existing/proposed driveway locations with sight distance profiles.
(34)
Road locations, names, with right-of-way.
(35)
Sight triangle, drainage, utility, driveway and other easements.
(36)
Provisions for certification and approvals.
(37)
Soil erosion plan and details.
(38)
Fire protection details including number of proposed units,
available water supply, water main size, flow, hydrant location.
(39)
Environmental impact statement.
(40)
Landscape plan with types, quantity, size and location of plantings;
scientific and common names.
(41)
Lighting plan, including fixture and footing details, wattage,
height, isolux patterns.
(42)
Drainage plan including runoff calculations for fifty-year storm
frequency and a map showing drainage area.
(43)
Storm drainage facilities improvements designed for one-hundred-year
flood capacity or as recommended by Town Engineer.
(44)
Copies of stream encroachment permit applications, if applicable.
(45)
NJDEP letter of interpretation regarding the presence/absence
of wetlands on property and within 150 feet. If wetlands are present,
line verified by NJDEP and transition area established. NJDEP reference
number on plan.
(47)
Building floor plan, elevation views and first-floor elevation
with overall building height.
(48)
Provisions for solid waste, dumpster enclosure and recycling.
(49)
Compliance with ADA requirements.
G.
Final major site plan. The final major site plan shall be clearly
and legibly drawn by an engineer licensed in the State of New Jersey
or other licensed professional qualified to prepare site plans. The
plan shall show or be accompanied by the following information:
(1)
Plan clearly and legibly drawn or reproduced at a scale not smaller
than one inch equals 50 feet.
(2)
Sheet size, 24 inches by 36 inches.
(3)
Name, address, license number of plan preparer, signature, original
raised seal.
(4)
Title block.
(5)
Record owner(s) name and address.
(6)
Applicant's name, address, phone number, fax number and e-mail.
(7)
Name of project.
(8)
Date of map preparation and each subsequent revision.
(9)
Certification of accuracy by preparer.
(10)
Zoning district of parcel and surrounding lands.
(11)
Zoning chart listing existing/proposed requirements for area,
setbacks, lot coverage, height, density, floor area, ratio, parking.
(12)
Proposed developer's agreement.
(13)
Existing structures within 200 feet and distance to property
line.
(14)
Obtain each block and lot numbered in conformity with the municipal
Tax Map as determined by the municipal Tax Assessor. Copy of Sussex
County Planning Board application.
(15)
Scale of map, both written and graphic.
(16)
North arrow giving reference meridian.
(17)
Properties within 200 feet, lot and block number and owner,
outline of two-hundred-foot perimeter.
(18)
Tax Map sheet number.
(19)
Key map showing location of tract to be considered in relation
to surrounding area, within 200 feet. Scale not less than one inch
equals 400 feet and north arrow.
(20)
Area of entire tract.
(21)
Property lines to the nearest hundredth.
(22)
Bearings to the nearest second.
(23)
Lot acreage to the nearest hundredth.
(24)
Building envelopes.
(25)
Location of existing railroads, bridges, culverts, drainage
pipe, water and sewer, utility poles and underground utilities.
(26)
Natural features including existing vegetation, wet areas, watercourse,
floodplain limit, rock outcroppings.
(27)
Plan and profiles of road locations, type, size, width of right-of-way,
paving materials, edge of pavement, curbs, sidewalks, catch basins,
drainage structures, all utilities, rights-of-way easements, existing
buildings or other structures. Profile shall be at a scale of one
inch equals five feet vertical; one inch equals 50 feet horizontal.
(28)
Existing and proposed contours at five-foot intervals for slopes
15% or greater; two-foot intervals for lesser slopes.
(29)
Earthwork summary.
(30)
Cut and fill limits.
(31)
Location of proposed drainage structures, curbs, swales, berms,
guide rails, edge of pavement, sidewalks.
(32)
Construction details for drainage structures, curb, guide rail,
pavement design, sidewalks.
(33)
Existing/proposed driveway locations with sight distance profiles.
(34)
Road locations, names, with right-of-way.
(35)
Sight triangle, drainage, utility, driveway and other easements.
(36)
Provisions for certification and approvals.
(37)
Soil erosion plan and details.
(38)
Fire protection details including number of proposed units,
available water supply, water main size, flow, hydrant locations.
(39)
Landscape plan with types, quantity, size and location of plantings;
scientific and common names.
(40)
Lighting plan, including fixture and footing details, wattage,
height, isolux patterns.
(41)
Copies of stream encroachment permit applications, if applicable.
(42)
NJDEP letter of interpretation regarding the presence/absence
of wetlands on property and within 150 feet. If wetlands are present,
line verified by NJDEP and transition area established. NJDEP reference
number on plan.
(44)
Building floor plan, elevation views and first-floor elevation
with overall building height.
(45)
Provisions for solid waste, dumpster enclosure and recycling.
(46)
Compliance with ADA requirements.
H.
Variance application. An application for a variance from the requirements
of the Zoning Ordinance[3] pursuant to N.J.S.A. 40:55D-70 et seq. shall include the
following:
(1)
Plan clearly and legibly drawn or reproduced at a scale not smaller
than one inch equals 50 feet.
(2)
Sheet size, 24 inches by 36 inches.
(3)
Name, address, license number of plan preparer, signature, original
raised seal.
(4)
Title block.
(5)
Record owner(s) name and address.
(6)
Applicant's name, address, phone number, fax number and e-mail.
(7)
Name of project.
(8)
Date of map preparation and each subsequent revision.
(9)
Certification of accuracy by preparer.
(10)
Zoning district of parcel and surrounding lands.
(11)
Zoning chart listing existing/proposed requirements for area,
setbacks, lot coverage, height, density, floor area, ratio, parking.
(12)
Existing structures within 200 feet and distance to property
line.
(13)
Obtain each block and lot numbered in conformity with the municipal
Tax Map as determined by the municipal Tax Assessor and obtain street
address from the 911 Coordinators. Copy of Sussex County Planning
Board application.
(14)
Scale of map, both written and graphic.
(15)
North arrow giving reference meridian.
(16)
Properties within 200 feet, lot and block number and owner,
outline of two-hundred-foot perimeter.
(17)
Tax Map sheet number.
(18)
Key map showing location of tract to be considered in relation
to surrounding area, within 200 feet. Scale not less than one inch
equals 400 feet and north arrow.
(19)
Area of entire tract.
(20)
Property lines to the nearest hundredth.
(21)
Bearings to the nearest second.
(22)
Lot acreage to the nearest hundredth.
(23)
Building envelopes.
(24)
Location of existing railroads, bridges, culverts, drainage
pipe, water and sewer, utility poles and underground utilities.
(25)
Road locations, names, with right-of-way.
(26)
Sight triangle, drainage, utility, driveway and other easements.
(27)
Provisions for certification and approvals.
(28)
NJDEP letter of interpretation regarding the presence/absence
of wetlands on property and within 150 feet. If wetlands are present,
line verified by NJDEP and transition area established. NJDEP reference
number on plan.
(29)
Building floor plan, elevation views and first-floor elevation
with overall building height.
(30)
Graphic written description of area surrounding the site so
the prevailing zoning and actual uses in the area are clear.
(31)
A description of any alternatives that were considered.
(32)
A statement or legal brief of why the variance should be granted.
(33)
Copies of all relevant documents from the Zoning Officer.
(34)
Copy of current deed and verification of all utilities, easements
and restrictions.
I.
Appeal or interpretation of the Zoning Ordinance.[4] An application for an appeal or interpretation of the
Zoning Ordinance pursuant to N.J.S.A. 40:55D-70 et seq. shall include
the following:
(1)
Plan clearly and legibly drawn or reproduced at a scale not smaller
than one inch equals 50 feet.
(2)
Sheet size, 24 inches by 36 inches.
(3)
Name, address, license number of plan preparer, signature, original
raised seal.
(4)
Title block.
(5)
Record owner(s) name and address.
(6)
Applicant's name, address, phone number, fax number and e-mail.
(7)
Name of project.
(8)
Date of map preparation and each subsequent revision.
(9)
Certification of accuracy by preparer.
(10)
Zoning district of parcel and surrounding lands.
(11)
Zoning chart listing existing/proposed requirements for area,
setbacks, lot coverage, height, density, floor area, ratio, parking.
(12)
Existing structures within 200 feet and distance to property
line.
(13)
Obtain each block and lot numbered in conformity with the municipal
Tax Map as determined by the municipal Tax Assessor and obtain street
address from the 911 Coordinators. Copy of Sussex County Planning
Board application.
(14)
Scale of map, both written and graphic.
(15)
North arrow giving reference meridian.
(16)
Properties within 200 feet, lot and block number and owner,
outline of two-hundred-foot perimeter.
(17)
Tax Map sheet number.
(18)
Key map showing location of tract to be considered in relation
to surrounding area, within 200 feet. Scale not less than one inch
equals 400 feet and north arrow.
(19)
Area of entire tract.
(20)
Property lines to the nearest hundredth.
(21)
Bearings to the nearest second.
(22)
Lot acreage to the nearest hundredth.
(23)
Building envelopes.
(24)
Location of existing railroads, bridges, culverts, drainage
pipe, water and sewer, utility poles and underground utilities.
(25)
Road locations, names, with right-of-way.
(26)
NJDEP letter of interpretation regarding the presence/absence
of wetlands on property and within 150 feet. If wetlands are present,
line verified by NJDEP and transition area established. NJDEP reference
number on plan.
(27)
Building floor plan, elevation views and first-floor elevation
with overall building height.
(28)
Graphic written description of area surrounding the site so
the prevailing zoning and actual uses in the area are clear.
(29)
A description of any alternatives that were considered.
(30)
A statement or legal brief of why the variance should be granted.
(31)
Copies of all relevant documents from the Zoning Officer.
(32)
Copy of current deed and verification of all utilities, easements
and restrictions.
A.
Improvement requirements. Prior to granting of final approval, developer
shall have installed or shall have furnished performance guarantees
for the ultimate installation of the following improvements.
B.
Streets. All streets shall be surfaced in accordance with applicable
standards and specifications of the Town. The construction shall be
subject to inspection and approval by the Town Engineer.
C.
Street name signs. Street name signs shall be placed at all street
intersections within or abutting the subdivision. Signs shall be of
a type approved by the Town and shall be placed in accordance with
the standards of the Town of Newton.
D.
Curbs. Curbs shall be constructed and provided for in accordance
with the standards and specifications of the Town. The construction
shall be subject to inspection and approval by the Town Engineer.
E.
Gutters. Gutters shall be constructed in accordance with the standards
and specifications of the Town when the grade exceeds seven percent.
F.
Topsoil protection. To the extent practicable no topsoil shall be
removed from the site or used as spoil.
G.
Culverts, storm sewers, water mains and sanitary sewers. All such
installations shall be properly connected with an approved system
and shall be adequate to handle all present and probable future developments.
H.
Performance guarantee. No final plat shall be approved by the Planning
Board until the completion of all such required improvements has been
certified to the Planning Board by the Town Engineer, unless the subdivision
owner has filed with the Town a performance guarantee in an amount
not to exceed 120% of the cost of all such improvements, or uncompleted
portions thereof, as approved by the Planning Board, and insuring
the installation of such uncompleted portions thereof, as estimated
by the Town Engineer, and insuring the installation of such uncompleted
improvements on or before an agreed date. The performance guarantee
may be in the form of a performance bond, which shall be issued by
a bonding or surety company approved by the Town Council; a certified
check returnable to the subdivider after full compliance, or any other
type of security approved by the Town Attorney. The performance guarantee
shall be approved by the Town Attorney as to form, sufficiency and
execution. The performance guarantee shall run for a period to be
fixed by the Town Council upon the recommendation of the Planning
Board, but in no case for a term of more than three years. However,
with the consent of the owner and the surety, if there be one, the
Town Council may by resolution extend the term of the performance
guarantee for an additional period not to exceed three years, in accordance
with and subject to the requirements of N.J.S.A. 40:55D-53, as amended.
The amount of the performance guarantee may be reduced by the Town
Council as provided for by statute and the Land Use Procedures Chapter.[1] If the required improvements have not been installed in
accordance with the performance guarantee, the obligor and surety
shall be liable thereon to the Town for the reasonable cost of the
improvements not installed and, upon receipt of the proceeds thereof,
the Town shall install such improvements.
I.
Required off-tract improvements. Pursuant to the provisions of N.J.S.A.
40:55D-42, construction of or contributions for off-tract water, sewer,
drainage and street improvements may be required in accordance with
the following criteria:
(1)
Improvements to be constructed at the sole expense of the applicant.
In cases where an off-tract improvement or improvements is necessitated
or required by the proposed development application, and where no
other property owners receive a special benefit thereby, the Planning
Board may require the applicant, as a condition of subdivision approval,
at the applicant's sole expense to provide for and construct
such improvements as if they were on-tract improvements in the manner
provided hereafter and as otherwise provided by law.
(2)
Contributions by developer toward required off-tract improvements:
(a)
In cases where the need for any off-tract improvement is necessitated
by the proposed development application, and where the Planning Board
determines that properties outside the development will also be benefited
by the improvements, such determination shall be made by the Planning
Board in writing. Such resolution or determination of the Planning
Board shall specify the off-tract improvements which were necessary
and the terms and conditions which shall be imposed upon the applicant
to insure their successful and reasonable implementation. In its deliberation
as to whether off-tract improvements are required, the Planning Board
shall be guided by the rules and regulations specified in the Zoning
Chapter,[2] this chapter and the Town Master Plan. The Planning Board
may also be guided by counsel from the Planning Board Attorney, Planning
Board Engineer, any consultant and other qualified experts, and municipal
officials relative to the subject matter.
(b)
In the event that the Planning Board determines that one or
more improvements constitute an off-tract improvement, the Planning
Board shall notify the Town Council, specifying the Board's recommendation
relative to the estimated cost of such improvements, the applicant's
prorated share of the cost, and possible methods or means to implement
the improvements, including, but not limited to, performance and maintenance
guarantees, cash contributions, development agreements and other forms
of surety.
(c)
The Planning Board shall not grant final approval on the subdivision
until all aspects of such conditions have been mutually agreed to
by both the applicant and the Town Council, and a written resolution
to that effect by the Town Council has been transmitted to the Planning
Board.
(3)
Methods of implementation:
(a)
Performance and maintenance guarantees. Where a performance
or maintenance guarantee or other surety is required in connection
with an off-tract improvement, the applicant shall be required to
follow the same procedures and requirements as specified in this chapter
for other improvements.
(b)
Development agreement. Where a development agreement is required
governing off-tract improvements or other conditions as may be required
by this chapter, such agreement shall be approved by the Town Council
after review as to form, sufficiency and execution by the Town Council.
The agreement shall specify the amount of cash contributions, if any,
the method of payment, the relative timing of such payment, and the
obligation or obligations to be undertaken by the Town.
(c)
Cash contributions, when not required. Cash contributions for
off-tract improvements shall not be required under the following conditions:
[1]
Where another county or state agency has jurisdiction over the
subject improvement and requires a cash contribution, guarantee or
other surety of the applicant in lieu of such conditions imposed by
the Town; or
[2]
Where a benefit assessment or other similar tax levy is imposed
upon the applicant for the off-site improvement provided; or
[3]
Where the applicant, where legally permissible, can undertake
the improvements in lieu of the Town of Newton undertaking the improvement,
subject to standards and other conditions as may be imposed by the
Town.
(d)
Cash contributions, method of payment. Where a cash contribution
is required by this chapter, the contribution shall be deposited with
the Town Treasurer with a copy of the applicant's transmittal
letter forwarded to the Town Council, the Town Engineer and Planning
Board. Any and all monies received by the Treasurer shall be deposited
in an escrow account for the purpose of undertaking the improvements
specified. Where such improvements are not undertaken or initiated
for a period of 10 years, the funds may be retained by the Town and
may be used for general municipal purposes. In such event, neither
the applicant nor any of his heirs, executors, administrators, or
grantees shall be liable to the Town for any assessment for the purpose
of installing any of the improvements for which the cash contribution
was made.
(4)
Pro-rata formula for determining applicant's share of off-tract
improvements. Where an off-tract improvement is required, the following
criteria shall be utilized in determining the proportionate share
of such improvement to the applicant:
(a)
Street widening, alignment, corrections, channelization of intersections,
construction of barriers, new or improved traffic signalization, signs,
curbs, sidewalks, trees, utility improvements not covered elsewhere,
and the construction of new streets and other similar street or traffic
improvements. The applicant's proportionate share shall be in
the ratio of the estimated peak hour traffic generated by the proposed
property or properties, to the sum of the present deficiency in peak
hour traffic capacity of the present facility, and the estimated peak
hour traffic generated by the proposed development. The ratio thus
calculated shall be increased by 10% for contingencies.
(b)
Water distribution facilities, including the installation of
new water mains, the extension of existing water mains, the relocation
of such facilities, and the installation of appurtenances associated
therewith. The applicant's proportionate cost shall be in the
ratio of the estimated daily use of water from the property or properties
in gallons to the sum of the deficiency in gallons per day for the
existing system or subsystem, and the estimated daily use of water
for the proposed development. The ratio thus calculated shall be increased
by 10% for contingencies.
(c)
Sanitary sewer distribution facilities including the installation,
relocation or replacement of collector and interceptor sewers and
the installation, relocation or replacement of other appurtenances
associated therewith. The applicant's proportionate cost shall
be in the ratio of the estimated daily flow in gallons to the sum
of the present deficient capacity for the existing system or subsystem
and the estimated daily flow from the proposed project or development.
In the case where the peak flow for the proposed development may occur
during the peak flow period for the existing system, the ratio shall
be the estimated peak flow rate from the proposed development in gallons
per minute, to the sum of the present peak flow deficiency in the
existing system or subsystem and the estimated peak flow rate from
the proposed development. The greater of the two ratios thus calculated
shall be increased by the ratio used to determine the cost to the
applicant.
(d)
Stormwater and drainage improvements, including installation,
relocation or replacement of transmission lines, culverts, catch basins
and the installation, relocation or replacement of other appurtenances
associated therewith. The applicant's proportionate cost shall
be in the ratio of the estimated peak surface runoff as proposed to
be delivered into the existing system measured in cubic feet per second,
to the sum of the existing peak flow in cubic feet per second deficiency
for the existing system and the estimated peak flow as proposed to
be delivered. The ratio thus calculated shall be increased by 10%
for contingencies. The applicant's engineer shall compute the
drainage basin area and the area occupied by the development. Where
no drainage system exists which will receive the flow of surface water
from the applicant's development, the applicant shall furnish
all drainage rights-of-way deemed to be necessary by the Planning
Board.
(e)
In calculating the proportionate or prorated amount of the cost
of any required off-tract facilities which shall be borne by the applicant,
the Planning Board shall also determine the prorated amount of cost
to be borne by other owners of lands which will be benefited by the
proposed improvements.
J.
Tax Map maintenance. The fees as outlined in Chapter 100, Fees and Costs, of the Newton Revised General Ordinances shall be paid by the applicant for the cost of updates and modifications to the Town of Newton's tax maps as a result of applications approved by the Newton Planning Board. The fee shall be paid at the time that the deed and/or plot plan is signed on behalf of the Board.
A.
Design standards requirements. The developer shall observe the following
requirements and principles of land development for site plan and
subdivision design.
B.
General. The subdivision plat shall conform to design standards that
will encourage good development patterns within the municipality.
The streets, drainage rights-of-way, school sites, public parks and
playgrounds shown on an officially adopted Master Plan or Official
Map shall be considered in approval of subdivision plats. Where no
Master Plan or Official Map exists, streets and drainage rights-of-way
shall be shown on the final plat and shall be such as to lend themselves
to the harmonious development of the municipality and enhance the
public welfare in accordance with the following design standards set
out in this chapter.
C.
Streets.
(1)
The arrangement of streets not shown on the Master Plan or Official
Map shall be such as to provide for the appropriate extension of existing
streets.
(2)
Subdivisions abutting arterial streets shall provide a marginal service
road or reverse frontage with a buffer strip for planting, or some
other means of separation of through and local traffic as the Planning
Board may determine appropriate.
(3)
The right-of-way width of every street shall be measured from lot
line to lot line and shall not be less than 50 feet in width, or such
greater width as shown on the official or the adopted Master Plan,
except that the Planning Board, in its discretion, may permit marginal
access streets and alleys having a width of not less than 40 feet.
The right-of-way width for internal roads in commercial and industrial
developments shall be determined on an individual basis, and shall
in all cases be of sufficient width and design to safely accommodate
the maximum traffic, parking and loading needs and maximum access
for fire-fighting equipment.
(4)
No subdivision showing reverse strips controlling access to streets
shall be approved except where the control and disposal of land comprising
such strips has been placed with the governing body under conditions
approved by the Planning Board.
(5)
Subdivisions that adjoin or include existing streets that do not
conform to widths as shown on the Master Plan or Official Map or the
street width requirements of this chapter shall dedicate additional
width along either one or both sides of said road. If the subdivision
is along one side only, 1/2 of the required extra width shall be dedicated.
(6)
Grades of arterial and collector streets shall not exceed 4%. Grades
on other streets shall not exceed 10%. No street shall have a minimum
grade of less than 1/2 of 1%.
(7)
Street intersections shall be as nearly at right angles as is possible
and in no case be less than 60°. The block corners at intersections
shall be rounded at the curbline with the curve having a radius of
not less than 25 feet.
(8)
Street jogs with center-line offsets of less than 125 feet shall
be prohibited.
(9)
A tangent at least 100 feet long shall be introduced between reverse
curves on arterial and collector streets.
(10)
When connecting street lines deflect from each other at any
one point by more than 10° and not more than 45°, they shall
be connected by a curve with a radius of not less than 100 feet for
minor streets and 300 feet for arterial and collector streets.
(11)
All changes in grade shall be connected by vertical curves of
sufficient radius to provide a smooth transition and proper sight
distance.
(12)
Dead-end streets shall not be longer than 600 feet and shall
provide a turnaround at the end with a radius of not less than 42
feet and tangent whenever possible to the right side of the street.
(13)
No street shall have a name which will duplicate or so nearly
duplicate as to be confused with the names of exiting streets. The
continuation of an existing street shall have the same name.
(14)
Where a tract is subdivided into larger parcels than ordinary
building lots, such parcels shall be arranged so as to allow the opening
of future streets and logical further subdivisions.
(15)
Private streets shall not be approved nor shall public improvements
be approved for any private street.
D.
Blocks.
(1)
Block length and width of acreage within bounding roads shall be
such as to accommodate the size of lots required in the area by the
Zoning Ordinance,[1] and to provide for convenient access, circulation control
and safety of street traffic. Block lengths shall not under any circumstances
exceed 1,200 feet.
(2)
In blocks over 1,000 feet long, pedestrian crosswalks may be required
in locations deemed necessary by the Planning Board. Such walkway
shall be 10 feet wide and be straight from street to street.
(3)
For commercial, group housing, or industrial use, block size shall
be sufficient to meet all area and yard requirements for such use.
E.
Lots.
(2)
Insofar as is practical, lots shall be rectangular in shape with
side lot lines at right angles to straight streets and radial to curved
streets.
(3)
Each lot must front upon an approved street at least 50 feet in width, except lots fronting on marginal access streets described in § 240-6C(3) of this chapter.
(4)
Where extra width has been dedicated for widening of existing streets,
lots shall begin at such extra width line, and all setbacks shall
be measured from such line.
(5)
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as shape, sight distances,
topography, rock formations, wetlands, flood conditions or similar
circumstances, the Planning Board may, after adequate investigation,
withhold approval of such lots.
(6)
Corner lots for residential use shall have extra width to permit
appropriate building setbacks from and orientation to both streets.
F.
Public use and service areas.
(1)
In large-scale developments, easements along rear property lines
or elsewhere for utility installation may be required. Such easements
shall be at least 15 feet wide and located in consultation with the
companies or municipal departments concerned.
(2)
Where a subdivision is traversed by a watercourse, drainageway, channel,
or stream, there shall be provided a stormwater easement or drainage
right-of-way conforming substantially with the line of such watercourse,
and such further width or construction, or both, as will be adequate
for the purpose.
H.
Lot dimensions. The dimensions of every lot shall be sufficient to
provide for the front, rear and side yard requirements set forth in
the Zoning Ordinance[4] of the Town for the district or zone within which the
land is located, and the areas shall provide adequate space as is
dictated by good planning for which the land is intended to be used.
A.
General design standards. In reviewing any application for development,
the Board shall consider the following standards, however, where applicable,
residential site improvement standards may apply:
(1)
Circulation.
(a)
The Board shall consider pedestrian and vehicular traffic movement
within and adjacent to a lot or tract with particular emphasis on
the provision and layout of parking areas, off-street loading and
unloading, movement of people, goods and vehicles from access roads,
within the lot or tract, between buildings and between buildings and
vehicles. In site plans, the Board shall determine which roads shall
be public and which shall remain private.
(b)
The Board shall ensure that all parking areas are landscaped
and spaces are usable and are safely and conveniently arranged. Access
to a lot or tract from adjacent roads shall be designed so as to interfere
as little as possible with traffic flow and to permit vehicles a safe
ingress and egress to the lot or tract.
(c)
The circulation plan of each development shall reflect the Master Plan's circulation plan element. Major access improvements in critical environmental areas shall be discouraged. The location and provision of bikeways, sidewalks and other pedestrian linkages shall be encouraged and clearly indicated as outlined in § 240-7H.
(d)
Applicants shall be encouraged to develop and implement transportation
options where appropriate, i.e., mass transit programs, the use of
vans, carpooling, construction of bike paths and bike storage areas
and construction of convenient bus pickup and dropoff points. In order
to minimize peak-hour traffic impacts, applicants shall encourage
staggered starting and quitting times and changes in work hours where
appropriate and include the details within the application to the
Board.
(e)
All development adjacent to or otherwise involving New Jersey
State Highway Route 206 shall conform with the State Highway Access
Management Code adopted by the Commissioner of Transportation under
Section 3 of the State Highway Access Management Act, N.J.S.A. 27:7-91.
Any development adjacent to or involving a county road within the
Town shall conform with the Access Management Code adopted by the
County of Sussex, N.J.S.A. 27:16-1. Land development adjacent to or
involving an existing or proposed municipal street shall conform with
any municipal access management code adopted pursuant to N.J.S.A.
40:67-1.
(f)
Pedestrian walkways and bikeways shall be designed where appropriate
as outlined in the Town's Circulation Plan Element and according
to Subsection 20-22.5, Minimum Design Standards for Complete Streets.
(2)
Design and building layout.
(a)
The design and layout of buildings and parking areas shall meet the requirements of Chapter 320. Particular attention shall be given to energy conservation, safety and fire protection and impact on surrounding development. Architectural design shall meet the requirements of Chapter 320, or, if in the Historic District, also Chapter 139.
(b)
Fire escapes shall be constructed only against the side or rear
wall of a building and shall be located and/or screened so as not
to detract from the appearance of such buildings.
(c)
All new buildings shall strengthen the particular design features of their locale, by, for example, framing scenic views, defining and inviting the use of open spaces or continuing particular and desirable design features or statements. Design standards from Chapter 320 and, if in the Historic District, Chapter 139 shall apply.
(d)
The rhythm of structural mass to voids, such as windows and
entries, of a front facade shall relate to rhythms established in
adjacent buildings if the rhythms of such adjacent buildings are aesthetically
pleasing.
(e)
If several storefronts are to be located in one building or
are to be developed on lots where zero lot lines are permitted or
required, such storefronts shall be unified in overall design treatment,
particularly as to the design of windows and door openings, and the
use of materials and colors. All storefronts shall include display
windows with a sill height of not more than two feet from grade. Commercial
buildings containing separate stores or open spaces shall be designed
with architectural relief and interesting facade treatment to suggest
the creation of separate spaces instead of repeated spaces of the
same visual appearance.
(f)
All building additions shall be designed to reflect the existing
building in terms of scale, materials, fenestration and color. A change
in scale may require a transitional design element between the addition
and the existing building. Facade renovations should include as few
different materials as possible.
(g)
Where large structures are required, massing and blank walls
shall be avoided as much as possible and, where necessary, relieved
by variation and architectural relief and details. Excessively expansive
blank walls are prohibited. Offsets are needed every 80 feet. Building
offsets shall be provided along each building wall to relieve the
visual effect of a singly long wall. Rooflines shall also be varied.
An individual building shall use a combination of story heights to
provide further visual relief. Building designs should incorporate
details such as masonry chimneys, cupolas, dormers and similar features
of architectural appeal.
(h)
Roof shape and material shall be architecturally compatible
with the rest of the building and shall reflect surrounding patterns.
(i)
Materials shall be selected for suitability to the type of buildings
and the design in which they are to be used. Buildings shall have
the same materials, or those that are architecturally harmonious,
used for all building walls and other exterior building components
wholly or partly visible from public ways.
(j)
Colors shall be selected to be harmonious. Only compatible accent
colors shall be used. Building colors should reflect earth tones or
historical colors. Accent or complementary colors, harmonizing with
the main color, may be used for trim, awnings and other accents.
(k)
Environmental considerations. Environmental elements relating to prevention of soil erosion, protection of significant vistas or views, preservation of trees and protection of watercourses, resources, topography, soil and animal life shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements. The requirements of §§ 240-12, Riparian zones, 240-11, Steep slopes, and 240-10, Wellhead protection, shall apply.
(3)
Landscaping.
(a)
Landscaping shall be provided as part of any overall site plan
design and integrated into building arrangements, topography, parking
and buffering requirements. Landscaping includes trees, bushes, shrubs,
ground cover, perennials, annuals, plants, sculpture, art, fountains,
planters and/or the use of building and paving materials in a fashion
that is aesthetically pleasing in a design that is acceptable to the
Planning Board.
(b)
The existing sense and appearance of any natural scenic qualities
on a tract shall be retained by the careful placement of buildings
and improvements.
(4)
Buffering.
(a)
Buffering shall be located to minimize headlights of vehicles,
noise, light from structures, the movement of people and vehicles
and to shield activities from adjacent properties when necessary.
Buffering may include but not be limited to fencing, walls, evergreens,
shrubs, landscaping, berms, rocks, boulders, open space, ponds, steep
slopes, deciduous trees, or combinations thereof, to achieve the stated
objectives.
(b)
Extensive buffering shall be required where intensive land uses
abut less intensive uses. Existing natural vegetation, if appropriate
for the above-stated purposes, shall be retained.
(5)
Open space.
(a)
Open space shall be provided as part of a site plan and shall
serve as a buffer and/or help integrate buildings and uses. Undeveloped
open space should have as a prime objective the preservation of a
tract's natural amenities and vistas. Ponds, rock outcroppings,
wooded areas, steep slopes, ravines and streambeds are prime lands
recommended for undeveloped open space.
(b)
Open spaces shall be located to provide for maximum usability
and to create a harmonious relationship between buildings.
(6)
Signs.
(a)
Signs shall be designed so as to be aesthetically pleasing,
coordinated with other signs on the site and in the area through a
master signage plan and located so as to achieve their purpose without
constituting hazards to vehicles and pedestrians.
(b)
Design theme. There should be a coordinated graphics design theme throughout any site plan. The design theme shall include style and size of lettering, construction materials, colors, location, type of pole or standard, size and lighting. Color of letters and background should be carefully considered in relation to the color of the material or buildings or where the signs are proposed to be located. Size and style shall meet the requirements of Chapter 320.
(c)
Location. Signs should be located so as not to create a hazard.
The location of signs should be selected in terms of traffic visibility.
(7)
Utilities.
(a)
The storm drainage system, sanitary waste disposal system, water
supply system, solid and sanitary waste collection and disposal plan
and electrical and other distribution systems shall be reviewed and
approved.
(b)
Utilities shall be located underground for all new developments.
In such event that certain aspects of utilities cannot be installed
underground, facilities such as pumping stations or transformers shall
be enclosed in buildings or effectively screened with landscaping
and/or buffering as approved by the Board.
(c)
Particular emphasis shall be given to the establishment of drainage
rights-of-way, analysis of the adequacy of existing systems and the
need for improvements, both on site and off site, to adequately control
the rate, volume and velocity of storm drainage, provide for treatment
of effluent and to maintain an adequate supply of potable water at
sufficient pressure.
(d)
Any proposed development which shall be adjacent or proximate to, or otherwise involve, potable water supply reservoirs or wells shall include adequate and suitable protections for such potable water supply from pollution or other degradation of water quality resulting from the development, or other uses of surrounding land areas. All such provisions shall be in accordance with § 240-10, Wellhead protection.
(8)
Street furniture and street trees. The site plan shall provide for
street furniture made of the same or similar materials to ensure design
continuity and be appropriate to the particular use. These may include,
but not limited to, public art, benches, bike racks, trash receptacles,
bus shelters, tree planters and directories. Street trees shall be
planted where deemed necessary by the Planning Board along the frontage
of any proposed development.
(9)
Topsoil protection. To the extent practicable, no topsoil shall be
removed from the site or used as spoil. Topsoil stripped and stockpiled
during the course of construction shall be redistributed so as to
provide at least four inches of even cover to all areas of the development
and shall be stabilized by seeding or planting.
B.
Specific design standards. In reviewing any application for development,
the Board shall consider the following standards. Where applicable,
the Residential Site Improvement Standards (RSIS), as amended from
time to time, shall apply.
(1)
Blocks. Block length and width or acreage within surrounding roads
shall be such as to accommodate the size of lots required in the area
by this chapter and to provide for convenient access, circulation
control and safety of street traffic.
(2)
Lots. Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
(3)
Where extra width has been dedicated for the widening of existing
streets, lot areas shall begin at such extra line and setbacks shall
be measured from such line.
(4)
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as but not limited to wetlands,
rock formations, areas of subsidence or flood conditions, the Board
may withhold approval of such lots.
(5)
General buffers.
(a)
Visual screens provided through landscaping shall be designed
in such a manner as to provide a barrier on a year-round basis around
the view of the area to be screened.
(b)
Existing vegetation within the buffer shall be preserved, where
possible, and supplemented with plantings and other buffer devices
to provide screening of residences.
(c)
Buffer dimensions shall be measured from property lines.
(d)
Within any buffer area, utilities, driveways and streets may
be permitted to cross at right angles to the buffer.
(e)
No buildings, signs (other than directional signs), structures,
storage of materials or parking shall be permitted within the buffer
area.
(f)
All plantings shall be installed according to accepted horticultural
standards.
(g)
When required. Buffering shall be required when topographical,
natural vegetative or other barriers do not provide reasonable screening
and when the Board determines that there is a need to shield the site
from adjacent properties to minimize adverse impacts such as incompatible
land uses, noise, glaring light and traffic. In small lot developments,
when building design and siting do not provide privacy, the Board
may require landscaping, fences or walls to ensure privacy and screen
dwelling units. Required buffering shall be maintained for the life
of the project.
(h)
Dimensional requirements. Where more intensive land uses abut less intensive uses, a buffer strip of a width of not less than 20 feet shall be designed and maintained. The length of such strip shall be designed to fulfill the function identified in Subsection B(5)(i) of this section. Parking areas, garbage collection and utility areas and loading and unloading areas shall be buffered around their perimeter by a buffer strip having a minimum width of 20 feet. Where residential subdivisions abut higher-order streets such as collectors or arterials, lots should front on lower-order streets, and a landscaped buffer area shall be provided along the roadway. The buffer strip shall be a minimum of 25 feet wide but not to exceed 10% of any single lot area. For reasons of public health, safety or welfare, these requirements may be reasonably increased by the Board. Trees and shrubs shall be required in such instances.
(i)
Design. Arrangement of plantings in buffers shall provide maximum
protection to adjacent properties and avoid damage to existing plant
material. The plantings shall be arranged in double staggered rows.
If planting berms are used, the minimum top width shall be four feet
and the maximum side slope shall be 2:1. No berm shall be so high
in height or mass as to be disproportionate to the characteristics
of its setting.
(j)
Planting specifications. Plant materials shall be a minimum
of six feet in height and planted in such a fashion that a screen
at least eight feet in height shall be produced within three growing
seasons. All plantings shall be deer resistant, such as Blue Spruce,
and installed according to accepted horticultural standards.
(k)
Maintenance. Plantings shall be watered regularly with a sprinkler
system or other means preferably using recycled water in a manner
appropriate for the specific plant species through the first growing
season, and dead or dying plants shall be replaced by the developer
during the next planting season. No buildings, structures, storage
of materials or parking shall be permitted within the buffer area.
Buffer areas shall be maintained and kept free of all debris, rubbish,
weeds and tall grass.
(l)
Basic standards. The following buffer requirements shall apply
unless it is shown or apparent to the Board that an alternative arrangement
is more suitable:
[1]
Along the side and rear lot lines of all commercial, industrial
and other nonresidential uses: 20 feet.
[2]
Along the front lot line of light industrial, manufacturing
or other higher-intensity nonresidential uses: 20 feet.
[3]
Along the side and rear lot lines of nonresidential uses that
abut residential zones and uses: 25 feet.
[4]
Along the front lot lines of multifamily residential uses: 25
feet; except in the T-5 and T-6 Zones.
[5]
Buffers need not be added cumulatively to setback requirements;
a buffer area shall instead be an overlay of a required setback.
(6)
Landscaping, tree protection and replacement.
(a)
All lots, regardless of the type of use, shall have a minimum
of 15% (except in the T-6 Zone) of the lot landscaped. All areas not
occupied by buildings, parking areas, patios, walkways and/or any
other impervious surface shall be suitably landscaped. No landscaping
shall interfere with required sight triangles.
(b)
Deciduous trees shall have at least a two-and-one-half-inch
dbh and 12 feet in height at planting, and evergreen trees shall be
at least six feet tall. All trees shall be balled and burlapped and
be of specimen quality as established by the American Association
of Nurserymen.
(c)
Any landscaping which, within two years of planting, dies, for
any reason, shall be replaced by the developer(s) at his expense by
means of a developer's agreement or a bond agreement as determined
by the Town Council.
(d)
Tree protection and replacement must be undertaken as part of the site plan. All existing trees over eight inches in dbh, which are not considered by the New Jersey Department of Environmental Protection to be invasive species, shall be surveyed and shown on the site plan with removal status. Trees that are surveyed shall be marked in the field for verification by the Board Engineer. Trees shown to be removed shall be counted and at least 50% of the total number of trees proposed to be removed shall be replaced. For example, if 10 trees over eight inches in dbh are shown to be removed; five trees must be replaced on the property. Replacement trees must have a minimum three-and-a-half-inch dbh at time of planting. Where a developer cannot or does not wish to replace all trees on the site, that developer shall pay a fee per tree into the Town of Newton Tree Bank at a fee as established in Chapter 100, Fees and Costs.
[Amended 4-13-2015 by Ord. No. 2015-10]
(e)
The following landscape principles shall be considered:
[1]
Landscaping shall be located to provide for climate control.
[2]
Landscaping shall be used to accent and complement buildings.
[3]
Landscaping shall be provided in public areas, parking areas,
recreation sites and adjacent to buildings.
[4]
Vines and climbing plants shall be considered for large expanses
of wall.
[5]
Massing trees shall be considered at critical points.
[6]
Smaller trees shall be used on narrow streets.
[7]
Ground cover shall be used to prevent erosion.
[8]
A variety and mixture of landscaping shall be provided. Consideration
shall be given to susceptibility to disease, colors, season, textures,
shapes, blossom and foliage in selecting species.
[9]
Local soil conditions and water availability shall be considered
in the choice of landscaping.
[10]
Existing trees located within 10 feet of any street right-of-way
shall be maintained unless shown to be removed as part of an approved
plan. The existing grade within that space shall not be disturbed
without such approval.
[11]
Entrances to nonresidential lots shall be given special landscaping
treatment.
[12]
The impact of any proposed landscaping plan at various time
intervals shall be considered. Shrubs may grow and eventually block
sight distances. Foundation plants may block outbuildings.
[13]
Existing large trees (more than six-inch dbh) not proposed for
removal shall be saved by not varying the grade around the trees by
more than six inches to 12 inches within the drip circle, by construction
of tree wells and by erecting protective fences. Clumps or masses
of trees shall be protected. All buildings shall be sited to preserve
the maximum number of trees on the site. Existing large trees over
12 inches dbh should be given special consideration for preservation.
[14]
Landscaping in parking areas shall be provided in accordance
with this chapter.
[15]
Impervious materials are discouraged in any landscape area.
Weed-retardant mulch, porous nonwoven synthetic landscape fabric or
other materials shall be used.
[16]
Decorative stones are discouraged as a ground cover. Vegetative
ground cover is encouraged.
[17]
On site reuse of rainwater and grey water for irrigation is
encouraged.
(7)
Fences or walls.
(a)
Fences or walls in excess of 18 inches in height shall be considered
as accessory uses to a principal permitted use and shall be permitted
in accordance with the general standards set forth below.
(b)
Wherever possible, natural screening shall be used to achieve
privacy. However, where a privacy fence appears to offer a better
alternative than the absence of such fence or natural screening due
to circumstances involving the characteristics of the affected properties,
fences conforming to this section shall be permitted.
(c)
The finished side of all fence surfaces shall face adjacent
properties.
(d)
No fence shall be erected of barbed wire or similar harmful
elements, nor constructed in any manner which might be dangerous to
persons or animals, except that this restriction shall not apply to
farms.
(e)
No fence or wall shall be erected in a prescribed sight triangle.
(f)
No fence anywhere in a front yard, including a fence running
along or approximately parallel to a side lot line within a front
yard, shall be more than four feet high.
(g)
No fence, running substantially along a rear lot line, or approximately
parallel thereto, or otherwise in a rear yard, shall exceed six feet
in height measured from average grade corresponding to each eight-foot
section of fencing. If such fence has decorative scalloped panels
or pickets along its upper edge, height may be measured to the lowest
point of such edge, thus allowing posts and corresponding elements
to exceed the height limitation of this subsection, but in no event
by more than one foot. Where a rear yard or side yard of a corner
lot abuts a side lot line and front yard of an adjacent lot, then
in no event shall a fence in such rear or side yard on the corner
lot exceed four feet in height such portion thereof which lies parallel
to or otherwise substantially alongside the front yard of the adjacent
lot.
(h)
All fencing other than a stone fence, stone (or masonry) wall,
or iron decorative type fence shall be constructed of wood or a material
that is relatively indistinguishable from wood.
(i)
Walls of masonry or natural stone (not retaining walls), such
as New England drywalls and rows of fieldstone, shall not exceed a
height of four feet.
(j)
Without limitation hereto, the following fences and fencing
materials are specifically prohibited:
[1]
Barbed wire or other hazardous construction or material unless
on a farm.
[2]
Canvas, fabric or cloth fences.
[3]
Electrically charged fences unless on a farm.
[4]
Temporary fences, such as snow or silt fences, except as the
latter may be necessary during development or other approved land
disturbance.
[5]
Plastic slats or other inserts in woven wire fences.
[6]
Any fence, wall or similar structure as well as shrubbery screening
which substantially cuts off light or air or which may cause a nuisance,
dangerous condition or a substantial fire-fighting impediment shall
be prohibited.
[7]
Notwithstanding § 240-7B(7)(h), woven wire fencing may be substituted for wood or simulated wood fencing for safety, a dog run or other appropriate reason; provided, however, that the closed loop edge shall be at the top, and no part of such fencing shall lie within a front yard.
[8]
Swimming pool fences. Every private swimming pool shall have
a fence enclosure which complies with (BOCA) Building Officials and
Code Administrators International.
[9]
Retaining wall. Any retaining wall 48 inches or greater in height
shall be designed by a licensed professional engineer and shall require
a building permit.
C.
Outdoor lighting.
(1)
Purpose. The governing body of the Town of Newton does herein find
that regulation of outdoor lighting in the Town of Newton is necessary
to prevent misdirected or excessive artificial light, caused by inappropriate
or misaligned light fixtures that produce glare, light trespass (nuisance
light) and/or unnecessary sky glow; and also that such regulation
is necessary to discourage the waste of electricity and to improve
or maintain nighttime public safety, utility and security.
(2)
All outdoor light fixtures installed and thereafter maintained, other
than those serving one- and two-family dwellings, shall comply with
the requirements as specified below:
(a)
Where used for security purposes or to illuminate walkways,
roadways and parking lots, only shielded light fixtures shall be used.
(b)
Where used for commercial and industrial purposes such as in
merchandise display areas, work areas, platforms, signs, architectural,
landscape or sports or recreational facilities, all light fixtures
shall be equipped with automatic timing devices and comply with the
following:
[1]
Light fixtures used to illuminate flags, statues or any other
objects mounted on a pole, pedestal or platform shall use a narrow
cone beam of light that will not extend beyond the illuminated object.
[2]
Other upward directed architectural, landscape or decorative
direct light emissions shall have at least 90% of their total distribution
pattern within the profile of the illuminated structure.
[3]
Recreational and sports facility lighting shall be shielded whenever possible. Such lighting shall have directional and glare control devices, when necessary, to comply with § 240-7C(3) and be equipped with automatic timing devices.
[4]
Externally illuminated signs, including commercial billboard,
building identification or other similar illuminated signs, shall
comply with the following:
[a]
Top-mounted light fixtures shall be shielded and
are preferred.
[b]
When top-mounted light fixtures are not feasible,
illumination from other positioned light fixtures shall be restricted
to the sign area. Visors or other directional control devices shall
be used to keep spill light to an absolute minimum. Internally illuminated
signs are prohibited.
(c)
All other outdoor lighting shall use shielded light fixtures.
(d)
For commercial lighting after operating hours, only minimal
lighting necessary for security purposes shall remain on, all other
lighting shall be turned off, on motion sensors or on timers.
(e)
All floodlight-type fixtures, once properly installed, shall
be permanently affixed in the approved position.
(f)
Foundations supporting lighting poles not installed four feet
behind the curb shall not be less than 24 inches above the ground.
(g)
When 50% or more of existing outdoor light fixtures are being
replaced or modified, then all lighting must be made to conform to
the provisions of this lighting ordinance.
(3)
Light trespass (nuisance light).
(a)
All light fixtures, except streetlighting, shall be designed,
installed and maintained to prevent light trespass, as specified below:
[1]
At a height of five feet above the property line of subject
property, illuminations from light fixtures shall not exceed 0.1 footcandle
in a vertical plane on residentially zoned property.
[2]
Outdoor light fixtures properly installed and thereafter maintained
shall be directed so that there will not be any objectionable direct
glare source visible above a height of five feet from any property
or public roadway.
[3]
Note: Light fixtures near adjacent property may require special
shielding devices to prevent light trespass.
(4)
Illuminance and luminance requirements.
(a)
Illuminance and luminance requirements shall be as set forth
in the current editions of the IESNA Lighting Handbook and other IESNA
publications and this chapter shall adopt those standards.
(b)
Streetlighting. Average IESNA illuminance recommendations should
not be exceeded. IESNA average to minimum illuminance uniformity ratios
are to be used as a guide for designing safe and adequate roadway
lighting.
(c)
Outdoor parking facilities. Outdoor parking lot illuminance
shall be based on certain illuminance specifications recommended by
the IESNA, as contained in Schedule A.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
(d)
All other illuminance uses shall not exceed IESNA recommendations.
(e)
Internally illuminated signs shall not exceed IESNA luminance
recommendations.
(5)
Electric utility floodlights.
(a)
No electric utility floodlight intended for property illumination
shall be located within the public right-of-way on any public roadway
or on any property unless:
[1]
The luminaire is sufficiently shielded and aimed so that no
objectionable direct glare source is visible at any point on the roadway
where the viewing height is five feet or greater and when the distance
from the mounting pole is 70 feet or greater.
(6)
On-site outdoor lighting energy conservation.
(a)
The design and installation of outdoor lighting on the site
of a subdivision or site plan shall be constructed so as to conform
to the standards specified herein:
[1]
All outdoor lighting not necessary for security purposes shall
be reduced, activated by motion sensor devices or turned off during
nonoperating hours. Illuminated signs are excluded from this requirement.
[2]
All lighting shall be designed to prevent misdirected or excessive
artificial light and to maximize energy efficiency.
(7)
Submission of plans.
(a)
Submission of plans and evidence of compliance shall include
the following:
[1]
Description of outdoor light fixtures including component specifications
such as lamps, reflectors, optics, angle of cutoff, supports, poles
and include manufacturers' catalog cuts.
[2]
Locations and description of every outdoor light fixture and
hours of operation.
[4]
Computer-generated photometric grid showing footcandle readings
every 10 feet and the average footcandles.
[5]
Foundation details for light poles.
[6]
When not using IESNA recommendations, submit reasons and supply
supporting documentation.
(8)
Prohibitions. Searchlights or flashing or animated signs are prohibited.
(9)
Enforcement.
(a)
Violation of any provision of this subsection shall be cause
for an enforcement document to be issued to the violator by the Town's
Code Enforcement Officer or the other official or enforcing agency
designated by the Mayor and Council. The recipient of an enforcement
document shall be entitled to a hearing in Municipal Court having
jurisdiction to contest such action.
(b)
Any person who violates any provision of this subsection shall
be subject to a civil penalty for each penalty of not more than $1,250;
imprisonment for a term not exceeding 90 days, a period of community
service not exceeding 90 days, or any combination thereof. If the
violation is of a continuing nature, each day during which it occurs
shall constitute an additional, separate and distinct offense.
(c)
No provision of this subsection shall be construed to impair
any common law, statutory or regulatory cause of action or legal remedy
thereof, or any personal injury or damage arising from any violation
of this subsection or from other law.
D.
Utilities.
(1)
All wiring shall be laid underground.
(2)
Screening of exterior mechanical equipment.
(a)
Electrical and mechanical equipment shall be located within
the interior of a building wherever possible. When an interior location
is not practical, such equipment shall be placed in a location where
it can be substantially screened from public view. Roof-mounted equipment
should be situated towards the rear of the building on pitched roofs
and shall be hidden with parapets or screens of materials on flat
roofs which are in harmony with the building's architecture.
The furnace exhaust should be boxed in to resemble a chimney.
(b)
Process equipment such as stacks, hoppers, compactors, bins,
storage vessels, blowers, compressors, piping, ducting, conveyors
and the like shall be located and screened so as to minimize the visual
impact on adjacent properties.
(c)
Ground-level utilities shall be screened so as to be unobtrusive
when viewed from the public rights-of-way and adjacent uses.
E.
Monuments. Monuments shall be installed in compliance with the requirements
of N.J.S.A. 46:23-9.11q (the Map Filing Law).[2] Monuments may be required delineating critical area easements
and conservation easements at the discretion of the Board.
[2]
Editor's Note: N.J.S.A. 46:23-9.11 was repealed by L. 2011,
c. 217, § 2, effective 5-1-2012.
F.
Storage and disposal of waste.
(1)
Outdoor refuse and recycling containers shall be visually screened
within a durable enclosure so as not to be visible from adjacent lots
or sites, neighboring properties or streets.
(2)
No refuse and recycling storage areas shall be permitted between
a street and the front of a building.
(3)
No refuse and recycling storage area shall be located so as to prevent
natural runoff from such areas or impair the existing water quality
of any stream, watercourse or aquifer.
(4)
All materials or wastes which might cause fumes, dust, odor or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents, bears or insects shall be stored outdoors only if enclosed
in sealed and covered containers which are adequate to eliminate such
hazards. Containers shall be specified by the manufacturer to be animal
resistant.
(5)
Refuse and recycling collection areas shall be effectively designed
to contain all refuse generated on site and deposited between collections.
(6)
Refuse and recycling collection enclosures shall be designed of durable
materials with finishes and colors which are unified and harmonious
with the overall architectural theme.
(7)
Refuse and recycling collection areas shall be located to provide
clear and convenient access for refuse collection vehicles.
(8)
Medical, hazardous or other regulated waste shall meet the state
and federal standards for such materials.
(9)
Recycling facilities for new multifamily housing developments.
(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.
(b)
The recycling area shall be conveniently located for the disposition
of source-separated recyclable materials by residents of the multifamily
housing development, 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)
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 fencing shall be provided around any outdoor
recycling area and shall be developed in an aesthetically pleasing
manner.
G.
Streets.
(1)
All streets shall be constructed in accordance with the Town's
road standards. Where applicable, the Residential Site Improvement
Standards, as amended from time to time, shall apply.
(2)
The arrangement of streets shall be such as to provide for the appropriate
extension of existing streets. New road systems shall be in accordance
with the Master Plan.
(3)
Minor streets shall be so designed as to discourage through traffic.
(4)
Developments abutting through traffic streets may be required to
provide a marginal service road or some other means of separation
of through and local traffic as the Board may determine. Major arterial
streets shall not be entered by new streets other than major collector
streets.
(5)
Developments which adjoin or include existing streets and the streets
do not conform to widths, as shown on the Master Plan, or the street
width requirements of this chapter, shall dedicate, by deed, additional
width along either one or both sides of said street. If the development
is along one side only, 1/2 of the required extra width shall be dedicated.
Grades of through traffic streets and collector streets shall not
exceed 10%. Grades on other streets shall not exceed 12%. Streets
shall have a minimum grade of 1%.
(6)
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than 60°. The block corners at intersections
shall be rounded at the property line with a curve radius of not less
than 25 feet.
(7)
Street jogs with center-line offsets of less than 125 feet shall
be prohibited.
(8)
A tangent at least 100 feet long shall be introduced between reverse
curves on through traffic and collector streets.
(9)
When connecting street lines deflect from each other at any one point
by more than 10° and not more than 45°, they shall be connected
by a curve with a center-line radius of not less than 100 feet for
minor streets and 300 feet for through traffic and collector streets.
(10)
All changes in grade shall be connected by vertical curves of
sufficient radius to provide a smooth transition and proper sight
distance.
(11)
Dead-end streets (culs-de-sac) shall provide a turnaround at
the end with a pavement radius of not less than 42 feet and tangent,
whenever possible, to the right side of the street. If a dead-end
street is of a temporary nature, a similar turnaround shall be provided
and provisions shall be made for future extension of the street, reversion
of the excess right-of-way to the adjoining properties and removing
cul-de-sac pavement. Planting islands of sufficient size to accommodate
trees and shrubs are encouraged.
(12)
Street appurtenances.
(a)
No street shall have a name which will duplicate or so nearly
duplicate as to be confused with the names of existing streets. The
continuation of an existing street shall have the same name.
(b)
Guide rails shall be designed to prevent cars from leaving the
road. They shall be installed where danger exists to the traveling
public due to steep topography, narrow roadways, location of drainage
ditches or other similar conditions.
(c)
Streetlights shall be installed at street intersections, along
vertical and horizontal curves and at the end of dead-end streets.
Lights shall be spaced approximately 40 feet apart. Light output shall
be appropriate for the specific location in accordance with standards
recommended in the current edition of the Illuminating Engineering
Society, IES Lighting Handbook.
H.
Sidewalks.
(1)
Sidewalks shall be concrete and shall have a minimum width of four
feet. Sidewalk areas shall be landscaped and shall be properly illuminated
with adequate lighting as per this section.
(2)
Sidewalks shall be provided on all residential developments as required by the New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21-4.5 et seq. Applications for de minimis exceptions from the sidewalk requirements for residential developments shall be undertaken as provided for at N.J.A.C. 5:21-3.1 et seq. Sidewalks for residential developments shall be constructed pursuant to N.J.A.C. 5:21-4.18 et seq. and pursuant to § 240-7H(6) of this section below where same do not conflict with the requirements of the New Jersey Residential Site Improvement Standards.
(3)
For all other developments, sidewalks may be required where the Planning Board determines them necessary to provide pedestrian connections between residential areas and neighborhood schools, churches, commercial areas, other such facilities and probable future development. Where sidewalks are required to be installed by the Planning Board for other than residential developments pursuant to this subsection, construction shall be undertaken by the developer pursuant to § 240-7H(6) of this section below.
(4)
Sidewalks shall be constructed true to the lines, grades and dimensions
shown on the plans and Town details.
(5)
The site shall be cleared, stripped of topsoil and vegetation and
rough graded. Material in the subgrade shall be excavated and replaced
by broken stone, gravel or other suitable material. The contractor
shall fine grade the subgrade of the sidewalk area smooth and even
and roll with a tandem roller weighing not less than three tons as
directed by the Town Engineer. The sidewalk shall be brought to the
prescribed line, grade and dimensions.
(6)
The concrete shall be Class B and shall meet New Jersey State Department
of Transportation Standard Specifications for Road and Bridge Construction
and amendments thereto with the following proportions to be used which
must be approved by the Town Engineer:
(a)
Cement sand coarse aggregate Class B 1.75 3.5 4000 p.s.i.
(b)
Class B minimum 4,000 p.s.i. air entrained transit mix concrete
must be used.
(c)
The sand shall be properly graded, clean moderately sharp, and
free from clay, loam, mica, organic or other foreign matter.
(d)
The concrete shall be placed on damp base. If base is dry, it
shall be lightly wetted down to avoid rapid moisture removal from
the concrete.
(e)
After the concrete is placed it shall be compacted by tamping
or screeding to a true grade and surface, working up enough fines
to allow a flat finish without addition of added mortar. The surface
shall be floated, edged, and jointed. Just prior to final set, a hair
broom shall be used to sweep concrete to a uniform broomed surface.
(f)
Premolded bituminous expansion joint material shall be installed
every 20 feet and half depth contraction joints installed every four
feet.
(g)
The sidewalk shall have a minimum thickness of four inches.
Driveway concrete walk and approach shall be six inches thick with
six-inch-by-six-inch welded wire mesh with two-inch cover from the
bottom of the slab.
(h)
Driveway approaches (if concrete) are to be laid with one-and-one-half-inch
lip at curbline. Monolithic curb approaches are prohibited.
(7)
Wood or metal forms shall be used for the construction of concrete
sidewalks and braced at proper intervals as directed by the Town Engineer
on each side of the sidewalk in order to maintain a true and straight
edge on said walk. Damaged or corked forms shall not be used.
(8)
After the forms have been removed the earth shall be graded on each
side of the sidewalk in a finished and workmanlike manner and rolled
as directed by the Town Engineer from the curb to the property line.
(9)
Where no curb grade, or curb or sidewalk lines have previously been
established on an accepted Town street, road, etc., application must
be made to the Town Engineer for the necessary information.
(10)
The unpaved area between the curbline and the adjacent edge
of the sidewalk pavement shall be graded so that it has a uniform
slope from the pavement edge toward the curbline of not less than
1/4 inch, nor more than 1/2 inch per foot, except by permission of
the Town Engineer. There shall be six inches of screened topsoil and
seed between the curb and sidewalk and sidewalk and the property line.
(11)
All concrete shall be protected from dehydration by use of mats
or suitable material. These mats shall be kept wet during the curing
period or by use of approved curing compounds.
(12)
As the weather and freezing conditions from November 15 to March
15 are unpredictable, any construction of roads, sidewalks and driveway
approaches during the above-mentioned time shall be permitted only
by approval of the Town Engineer. He shall permit such construction
only if weather and/or soil conditions permit. Normally, permanent
construction during this period of the year is not permitted, and
all construction is subject to reinspection and replacement if required.
I.
Traffic signs and control devices. These improvements, such as "Stop,"
"Yield" and "One-Way" signs, etc., shall be designed and installed
in accordance with applicable federal, state, county and municipal
regulations. Recommendation as to their installation may be made by
the Police Department or other competent agency and may have to be
approved by ordinance.
J.
Street trees.
(1)
Street trees shall be required on all major site plan and major subdivision
applications.
(2)
Street trees shall have a dbh of at least 3 1/2 inches and be
at least 12 feet in height when planted. When trees are planted at
predetermined intervals along streets and park edges, spacing shall
depend on expected tree size and species. Generally trees expected
to reach a height of 40 or more feet shall be planted at intervals
of 50 feet. Trees of an expected height of 30 feet to 40 feet shall
be planted at intervals of 30 feet. Small trees less than 30 feet
in height shall be planted at intervals of 25 feet. If a street canopy
effect is desired by the Board, trees may be planted closer together
following the recommendations of the licensed landscape architect.
All trees shall be planted so as not to interfere with utilities,
roadways, sidewalks, site easements or streetlights. Tree location,
landscaping design and spacing plan shall all be approved by the Board
as part of the landscape plan.
(3)
When trees are planted, more than one species of street tree should
be used. Planting a variety of tree species will guard against large
areas of tree loss throughout the Town if a particular species is
ever stricken with disease.
K.
Street furniture. The site plan shall provide for those elements
of street furniture made of the same or similar materials to ensure
design continuity and be appropriate to the particular use. They may
include benches, bike racks, trash receptacles, bus shelters and landscaping
planters. All trash receptacles shall be adequately secured, enclosed
and screened on all sides by landscaping or other types of attractive
materials.
L.
Sight triangle.
(1)
Sight triangles shall be required at each quadrant of an intersection
of streets in order to provide clear sight vision at intersections.
The area within such sight triangles shall either be dedicated as
part of the street right-of-way or maintained as part of the obligation
of the ownership of the lot adjoining such street or streets, and
which shall be set aside on a respective plat or plan as a sight triangle
easement. On state and county roads, NJDOT or county standards will
apply. RSIS applies to residential subdivisions on Town roads. Sight
triangle easements are subject to approval by the Town Engineer.
(2)
Within a sight triangle easement, no grading, planting or structure
shall be erected and maintained more than 30 inches above center-line
grade of either intersecting street or driveway or lower than eight
feet above their center lines, including utility poles, but excluding
street name signs and official traffic regulation signs. Where any
street or driveway intersection involves earthen berms or vegetation,
including trees, the developer shall trim such vegetation and trees
as well as establish proper excavation and grading to provide the
sight triangle.
(3)
The sight triangle shall be that area bounded by the intersecting
street lines and a straight line which connects sight points located
on the two intersecting street lines the following distances away
from the intersecting street lines:
(4)
Where the intersecting streets are both arterial, both collectors
or one arterial and one collector, two overlapping sight triangles
shall be required, formed by connecting the sight points noted above
with a sight point 35 feet with respect to the intersecting street.
Classification of existing and proposed streets shall be by those
shown on the Master Plan, this chapter or as designated by the Board
at the time of the application for approval of a new street not included
herein.
(5)
A sight triangle easement dedication shall be expressed on the plat
or plan as follows:
(a)
Sight triangle easement subject to grading, plant and construction
restrictions as provided pursuant to the Newton Land Subdivision and
Site Plan. Portions of a lot set aside for a sight triangle shall
be calculated in determining the lot area and shall be included in
establishing the minimum setbacks.
(b)
The property owner shall maintain the sight triangle. If the
property owner does not maintain the sight triangle, the Town has
the right but not the obligation to clear the sight triangle and assess
the property owner for cost of clearing.
M.
Walls and fences.
(1)
Walls and fences may be utilized as elements of a landscaping plan
in order to prevent trespassing, create privacy, provide screening
or retain earth. Walls shall be designed to become an attractive special
feature and may be constructed out of materials such as brick, stone,
(rough cut, flagstone or ledge), fieldstones laid in a drywall or
other appealing material or pattern.
(2)
Fences shall be wooden or simulated wood material and be of picket,
basket-weave, lattice, split-rail, panel, woven or similar design
or construction. Wooden fences may be left to weather naturally, stained
and/or painted; provided, however, that painted fencing shall be repainted
as necessary. Woven wire is discouraged except in necessary and appropriate
circumstances. If a woven wire fence must be used, it shall be of
black color and its visibility obscured to a significant extent by
plantings or vines, if practicable. Plastic slats or other inserts
in chain link fences are prohibited.
(3)
In all cases, walls and fences must complement the character of the
site and the architectural design of the buildings. All fences and
walls shall be suited to the nature of the project.
A.
General design standards.
(1)
Where applicable, the Residential Site Improvement Standards, as
amended from time to time, shall apply. Parking and loading designs
are subject to review and approval by the Town Engineer.
(2)
Off-street parking and loading areas shall be coordinated with the
public street system serving the area in order to avoid conflicts
with through traffic, obstruction to pedestrian walkways and vehicular
thoroughfares. Shared parking among mixed uses shall be encouraged.
(3)
A minimum of 15% of any surface parking facility containing more
than 10 spaces shall be landscaped and shall include one shade tree
for every 10 parking spaces. Shade trees shall be a minimum 3 1/2
inches in caliper and an installed height of 12 feet.
(4)
All parking and loading areas abutting mixed-use/residential areas
shall be buffered about their periphery with landscaping and/or fencing.
(5)
All parking and loading areas for nonresidential uses shall be graded
and paved and shall be adequately drained.
(6)
Dimension of parking spaces. Every such space provided shall measure
at least nine feet in width and 18 feet in length, exclusive of access
drives and aisles. Hairpin striping shall be required. End-to-end
parking spaces shall measure not less than eight feet in width by
23 feet in length. Twenty percent of required parking spaces may be
compact spaces measuring 8.5 feet in width by 15 feet in depth.
(7)
Width of aisles. The width of all aisles providing direct access
to individual parking spaces shall be in accordance with the requirements
set forth below. Only one-way traffic shall be permitted in aisles
serving parking spaces placed at an angle other than 90°. Parking
aisle widths must meet NFPA fire code standards and are subject to
review and approval by the Town Fire Code Official.
|
Parking Angle
(degrees)
|
Aisle Width
(feet)
| |
|---|---|---|
|
0 (end-to-end parking)
|
12
| |
|
30
|
12
| |
|
45
|
13
| |
|
60
|
18
| |
|
90 (perpendicular parking)
|
24
|
(8)
There shall be adequate provisions for safe and convenient ingress
and egress to all parking areas.
(9)
Every parking area shall have direct access to a street or alley
and shall conform with the following:
(a)
Driveways shall have a minimum width of 12 feet for one-way
traffic and 30 feet at throat of driveway for two-way traffic.
(10)
Maximum grade of nonresidential parking areas:
|
Areas
|
Maximum Grade
(percent)
| |
|---|---|---|
|
Parking spaces and service aisles
|
4%
| |
|
Main approach walkways to buildings
|
4%
| |
|
Collector or other service walkways
|
6%
| |
|
Swales
|
5%
| |
|
Driveway entrances and exits up to 25 feet from right-of-way
line
|
2%
| |
|
Driveway entrances and exits beyond 25 feet from right-of-way
line
|
10%
|
(11)
All off-street parking areas shall be used solely for the parking
of passenger automobiles, and no commercial repair work, service or
storage of new or used motor vehicles, materials or merchandise of
any kind shall be conducted on such parking area.
B.
Sidewalks in parking areas. Sidewalks shall be required between parking
areas and principal structures, along aisles and driveways and wherever
pedestrian traffic occurs. They shall have a minimum of four feet
of passable width and shall be raised a maximum of six inches above
the parking area except when crossing streets or driveways. Guide
rails shall be provided in appropriate locations. Parked vehicles
shall not overhang or extend over sidewalk areas unless an additional
sidewalk width of two feet is provided to accommodate such overhang.
C.
Landscaping.
(1)
Amount required. In parking lots containing more than 10 spaces,
at least 15% of the interior parking area shall be landscaped with
plantings. Parking lot street frontage screening and perimeter screening
shall be a minimum of 10 feet wide. Planting required within the parking
lot shall be exclusive of other planting requirements. Planting islands
and landscaping areas within a parking area shall, to the greatest
practicable extent, be randomly located so as to lend visual interest
and avoid a sense of parking area expanse. The Board may require additional
parking space or snow disposal areas or easements to ensure that this
section is adequately reconciled with effective parking requirements
following significant snow events.
(2)
Isolated locations. Landscaping shall be located in protected or
isolated areas such as along walkways, in center islands at the end
of bays or between parking stalls. All landscaping in parking areas
and on street frontage shall be placed so that it will not obstruct
sight distance.
(3)
Plant type. A mixture of hardy flowering and/or decorative evergreen
and deciduous trees shall be planted; the area between trees shall
be planted with shrubs or ground cover or covered with mulch.
(4)
All open parking areas containing six or more parking spaces shall
be effectively screened by densely planted compact evergreen hedge
not less than six feet high with respect to all sites where such parking
adjoins any property situated in a residential district and where
otherwise needed to ensure privacy for residential properties. Parking
areas shall be arranged and designed so as to prevent damage to or
intrusion into existing vegetated areas. Planting areas shall be incorporated
between rows of stalls and trees; flowers and shrubbery shall be grown
therein and properly maintained.
(5)
Off-street parking shall be generally screened from public view and
from adjacent properties in all nonresidential zones. A combination
of earth berms and evergreen and deciduous plantings is acceptable
under appropriate circumstances. The use of planting islands within
the parking lot to relieve visual monotony of a paving surface and
to channel traffic flow shall be required.
(6)
A minimum of one shade tree shall be provided per 10 parking stalls
or one shade tree per 3,000 square feet of parking lot area, whichever
is greater, and shall be distributed evenly throughout the parking
area. Such trees shall have a minimum of 3 1/2 inches to four
inches in dbh and an installed height of 12 feet to 14 feet. Wherever
possible, at the intersection of four ninety-degree parking stalls
or in other unused areas not affecting parking stall utility, maneuverability
or adequate door-swing, a shade tree shall be installed and protected
by curbing, planter structure or other suitable means to avoid possible
damage by vehicles. Such protective device structures shall not interfere
with vehicles entering or exiting a parking stall or aisle.
D.
Paving materials. Paving for off-street pedestrian ways may be of
man-made or natural material, such as stone or stone combination thereof.
Surface paving must produce a firm and level surface to facilitate
passage, snow removal and stabilize the surface. Surface paving must
be naturally decorative and provide visual interest and be of suitable
material, texture and color. Asphalt paving of pedestrian ways is
prohibited. Cobblestones, stone block and pavers made of slate, concrete
or natural stone are preferred. Concrete walkways are acceptable.
An appealing combination of materials is also acceptable. Clay brick
should be avoided for its propensity to become slippery under freezing
conditions. Curbing shall be constructed of concrete or granite block.
E.
Location of parking.
(1)
Required off-street parking shall be located only in those locations
as set forth below and shall meet all setback requirements set forth
in this subsection.
(2)
In all residential zones or for any residence, not more than one
of the required off-street spaces for each dwelling unit may be on
the driveway in the front yard.
(3)
Off-street parking facilities as accessory to any use permitted in
a residential zone shall be provided on the same lot with the permitted
principal building.
(4)
Access to or egress from any property situated in a nonresidential
zone through the use of a driveway located on property in a residential
zone is prohibited.
(5)
Bicycle racks. Bicycle racks shall be encouraged for all multifamily
and nonresidential developments at the ratio of one bicycle space
for each dwelling unit or one bicycle space for each 20 off-street
parking spaces or fraction thereof over 20 spaces.
F.
Off-street loading.
(1)
Application. In any building or building group or part thereof hereafter
erected and having a gross floor area of 5,000 square feet or more
of nonresidential space, there shall be provided and maintained on
the same zone lot with such building a designated off-street loading
zone.
(2)
Location of loading areas. All loading areas shall be on the same
lot as the use which is to be served. Such areas shall be located
only in a side or rear yard. Such areas shall not encroach upon any
required open space, accessway, off-street parking area or public
right-of-way. Where located adjacent to any residential district,
they shall be set back a minimum of five feet from such property line.
(3)
Access. All required off-street loading areas shall provide sufficient
turning areas and access.
(4)
Calculation of required loading areas. The number of off-street loading
berths required for any use shall be determined by application of
the standards set forth below:
|
Floor Area in Square Feet
|
Number of Spaces
| |
|---|---|---|
|
5,000 to 9,999
|
1
| |
|
10,000 to 19,999
|
2
| |
|
20,000 to 49,999
|
3
| |
|
50,000 to 100,000
|
4
| |
|
Each additional 100,000 or part thereof
|
1
|
(5)
Each loading space shall be at least 12 feet in width, 30 feet in
length and have a fourteen-foot clearance above grade, provided, however,
that the Planning Board may require additional length of up to 55
feet depending on the length of vehicles using said space.
[1]
Editor's Note: Former § 240-9, Signs, was repealed
9-16-2015 by Ord. No. 2015-21.
A.
Statement of findings. The Town of Newton finds that:
(1)
The groundwater underlying this municipality is a major source of
existing and future water supplies, including drinking water. The
groundwater underlying this municipality lies within the Northwest
New Jersey Aquifer system, which is designated as a "sole source"
aquifer under Section 1424(e) of the Federal Safe Drinking Water Act
of 1974.
(2)
The groundwater aquifers are integrally connected with, are recharged
by, and flow into the surface waters, lakes and streams, which also
constitute a major source of water for drinking, commercial and industrial
needs.
(3)
Spills and discharges of toxic or hazardous materials may contaminate
or pollute groundwater supplies and related water sources.
(4)
Contaminated water from any source is a detriment to the health,
welfare and comfort of the residents of this municipality, and other
users of these water resources.
B.
Purpose. The purpose of this section is to protect the public health,
safety and welfare through the protection of the groundwater resources
underlying the municipality to ensure a supply of safe and healthful
drinking water for the present and future generations of local residents,
employees and the general public in this municipality, as well as
users of these water supplies outside this municipality. Areas of
land surrounding each public community well and nontransient noncommunity
well, known as wellhead protection areas, from which contaminants
may move through the ground to be withdrawn in water taken from the
well, have been delineated. Through regulation of land use, physical
facilities, placement of toxic and hazardous materials, and other
related activities within these areas, the potential for groundwater
contamination can be reduced and any such contamination can be more
readily found and remediated before reaching a public well. The purpose
of the regulations contained in this section is to protect public
community wells and public nontransient noncommunity wells from contamination.
C.
Statutory authority. The Town of Newton is empowered to regulate
these activities under the provisions of the New Jersey Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., which authorizes each municipality
to plan and regulate land use to secure a safe and adequate drinking
water supply for its residents. Under provisions of the Underground
Storage of Hazardous Substances Act, N.J.S.A. 13:1D et seq., a municipality
may adopt, with state approval, a municipal ordinance that is more
stringent than N.J.A.C. 7:14B but is obligated to ensure the provisions
of the ordinance are not carried out in a manner that is inconsistent
with N.J.A.C. 7:14B. The Board of Health of this municipality has
autonomous power granted by the state Legislature to develop this
section to protect public health, safety and welfare, as set forth
in the New Jersey Local Boards of Health Law, N.J.S.A. 26:3-1 et seq.,
and the New Jersey County Environmental Health Act, N.J.S.A. 26:3A2-21
et seq.
D.
Establishment of wellhead protection areas and maps.
(1)
Well head protection area maps:
(a)
The delineations of wellhead protection area maps for public
community wells and public nontransient noncommunity wells, which
were published by the New Jersey Geological Survey of the New Jersey
Department of Environmental Protection, are incorporated herein and
made a part of this section. The Department of Environmental Protection
will periodically update the wellhead protection area maps and these
maps, published by the New Jersey Geological Survey, will be available
at the website: www.state.nj.us/dep/njgs/geodata/. The most recent
wellhead protection area maps available through the New Jersey Geological
Survey should replace the maps used for reference in this section.
A map of the wellhead protection areas located within the Town of
Newton is included as part of this section, is appended as Schedule
D.[1] Maps of the municipality on which these delineations have
been overlain shall be on file and maintained by the office of the
Clerk of the Town of Newton, and the Construction Office of the Town
of Newton.
[1]
Editor's Note: Schedule D is included at the end of this chapter.
(b)
Wellhead protection areas, as shown on the maps described in Subsection D(1)(a), or as periodically updated and delineated by the Department of Environmental Protection and published by the New Jersey Geological Survey shall be considered to be superimposed over any other established zoning district. Land in a wellhead protection area may be used for any purpose permitted in the underlying district, subject to the additional restrictions presented herein.
E.
Regulation of wellhead protection areas for public wells.
(1)
The administrative authority for administering the provisions of
this section shall be the Planning Board and the Board of Health of
the Town of Newton acting jointly and in consultation.
(2)
Any applicant for a permit requesting a change in land use or activity
which is subject to review under the provisions of the Municipal Land
Use Law[2] and other pertinent regulations of the Town of Newton and which is located within a delineated wellhead protection area as defined in § 240-10D, and involves a potential pollutant source as defined in § 240-10F, shall comply with the requirements of this section.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(3)
Any applicant for a permit requesting a change in land use or activity, which is subject to the requirements of this section, shall file an operations and contingency plan, as required by § 240-10H, with the administrative authority. No permit that allows a change in land use or activity, which is subject to the requirements of this chapter, shall be granted unless an Operations and Contingency Plan for the proposed change has been approved by the administrative authority. Any plan approved by the administrative authority shall be kept on file in the office of the Town Clerk of the Town of Newton, and shall be available to the public for inspection.
(4)
Any change in land use or activity that introduces a major or minor potential pollutant source (PPS), as defined in § 240-10F, shall be prohibited within a Tier 1 wellhead protection area.
(5)
Any change in land use or activity that introduces a major PPS, as defined in § 240-10F, shall be prohibited within a Tier 2 wellhead protection area.
(6)
Any change in land use or activity that involves any major or minor PPS, as defined in § 240-10F, within any wellhead protection area, that is not prohibited pursuant to § 240-10E(4) or (5), shall comply with the best management practice standards, as defined in § 240-10G.
(7)
This section is supplementary to other laws and ordinances in this
municipality. Where this chapter or any portion thereof imposes a
greater restriction than is imposed by other regulations, the provisions
of this chapter shall supersede. These rules and regulations shall
in no way affect the limitations or requirements applicable in the
underlying municipal land use and zoning districts.
(8)
The use limitations noted herein shall be considered as limitations
stipulated in the permitted list of uses in each zone. The activities
regulated herein shall be considered limitations accessory to permitted
uses in each zone.
F.
Potential pollutant sources listed. The following are major and minor
potential pollutant sources subject to the requirements of this chapter.
These listings are consistent with the New Jersey Safe Drinking Water
Act regulations [N.J.A.C. 7:10-11.4(a)4].
(1)
Major potential pollutant sources include the types of facilities
and land uses listed in Schedule B.[3]
[3]
Editor's Note: Schedule B is included at the end of this chapter.
(2)
Minor potential pollutant sources include the types of facilities
and land uses listed in Schedule C.[4]
[4]
Editor's Note: Schedule C is included at the end of this chapter.
(3)
The administrative authority of the Town of Newton may determine
whether any other proposed change in land use or activity is of sufficient
risk to the water supply to be considered a major or minor potential
pollutant source.
G.
Best management practice performance standards.
(1)
Any applicant proposing any change in land use or activity that involves any major or minor PPS, as defined in § 240-10F, which would be located either wholly or partially within any wellhead protection area shall demonstrate that they have applied for all required state permits or control documents. No final approvals under the authority of the Municipal Land Use Law[5] shall be issued until all required state permits or control
documents are issued final. Underground storage tanks regulated at
N.J.A.C. 7:14B shall also be operated in a manner consistent with
N.J.A.C. 7:14B.
[5]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
Any new or modified activity that involves a major or minor PPS located
wholly or partially within any wellhead protection area shall comply
with and operate in a manner consistent with the following best management
practices:
(a)
All portions or areas of a facility in which hazardous substances
or hazardous wastes are stored, processed, manufactured or transferred
outdoors shall be designed so that the discharges of hazardous substances
will be prevented from overflowing, draining, or leaching into the
groundwater or surface waters.
(b)
Outdoor storage, dispensing, loading, manufacturing or processing
areas of hazardous substances or hazardous wastes must be protected
from precipitation, stormwater flows or flooding.
(c)
Wherever hazardous substances are stored, processed, manufactured
or transferred outdoors, the design features shall include secondary
containment and/or diversionary structures which may include but not
be limited to:
[1]
Containers, dikes, berms or retaining walls sufficiently impermeable
to contain spilled hazardous substances for the duration of a spill
event.
[2]
Curbing.
[3]
Gutter, culverts and other drainage systems.
[4]
Weirs, booms and other barriers.
[5]
Lined diversion ponds, lined lagoons and lined retention basins,
holding tanks, sumps, slop tanks and other collecting systems.
[6]
Drip pans.
(d)
Secondary containment and/or diversionary systems, structures
or equipment must meet the following standards:
[1]
The system must block all routes by which spilled hazardous
substances could be expected to flow, migrate, or escape into the
groundwater or surface waters.
[2]
The system must have sufficient capacity to contain or divert
the largest probable single discharge that could occur within the
containment area, plus an additional capacity to compensate for any
anticipated normal accumulation of rainwater.
[3]
In order to prevent the discharge of hazardous substances into
groundwater, all components of the system shall be made of or lined
with impermeable materials sufficient to contain the substance for
the duration of a spill event. Such material or liner must be maintained
in an impermeable condition.
[4]
No manufacturing area, processing area, transfer area, dike
storage area or other storage area, or secondary containment/diversion
system appurtenant thereto shall drain into a watercourse or into
a ditch, sewer, pipe or storm drain that leads directly or indirectly
into a surface or subsurface disposal area, unless provision has been
made to intercept and treat any spilled hazardous substances in an
NJDEP-approved industrial wastewater treatment or pretreatment facility,
or other NJDEP-approved facility.
[5]
Catchment basins, lagoons and other containment areas that may
contain hazardous substances should not be located in a manner that
would subject them to flooding by natural waterways.
(e)
Stormwater shall be managed so as to prevent contamination of
groundwater and so as to be in accordance with applicable laws and
regulations of the State of New Jersey and of the Town of Newton.
H.
Operations and contingency plan.
(1)
An applicant proposing a change in land use or activity that involves a PPS, as defined in § 240-10F, that would be located either wholly or partially within any wellhead protection area shall submit an operations and contingency plan to the administrative authority. This operations and contingency plan shall inform the administrative authority about the following aspects of the proposal:
(a)
Types of PPS proposed for the site;
(b)
Types and quantities of hazardous substances or hazardous wastes
that may be used or stored on site;
(c)
Means to be employed to contain or restrict the spillage or
migration of hazardous substances or hazardous wastes from the site
into groundwater;
(d)
Means to be used to remediate accidental spillage of such materials;
(e)
Means to notify administrative authority about any accidental
spillage of such materials;
(2)
The administrative authority shall review and approve any operations
and contingency plan prior to final approval of the application for
a land use change or activity.
(3)
Any operations and contingency plan submitted shall be available
for public review and comment.
I.
Enforcement. A prompt investigation shall be made by the appropriate
personnel of the Construction or Engineering Office of the Town of
Newton of any person or entity believed to be in violation hereof.
If, upon inspection, a condition which is in violation of this section
is discovered, a civil action may be instituted in the Special Civil
Part of the Superior Court, or in the Superior Court, if the primary
relief sought is injunctive or if penalties may exceed the jurisdictional
limit of the Special Civil Part, by the filing and serving of appropriate
process. Nothing in this section shall be construed to preclude a
municipality's right, pursuant to N.J.S.A. 26:3A2-25, to initiate
legal proceedings hereunder in Municipal Court. The violation of any
subsection of this section shall constitute a separate and distinct
offense independent of the violation of any other subsection, or of
any order issued pursuant to this section. Each day a violation continues
shall be considered a separate offense.
J.
Nonconforming regulated activities.
(1)
An otherwise lawful usage or activity which exists at the time of
the effective date of this section that does not conform to this section
shall be considered an allowed nonconforming activity and may continue.
(2)
No allowed nonconforming activity shall be expanded, enlarged or
modified in any way which is deemed by the Zoning Officer to increase
its threat to groundwater or otherwise contravene the purposes and
intent of this section.
(3)
In the event that an allowed nonconforming activity is stopped, suspended
or abandoned for a period of 12 months or longer, the activity shall
permanently desist and shall be subject to the requirements of this
section.
(4)
Notwithstanding the foregoing, if any allowed nonconforming activity
is found to pose an imminent health hazard or threat to the municipality's
water supply, it shall be deemed a violation of this section.
K.
Severability. If any section, sentence, clause or phrase of this
section is held to be invalid or unconstitutional by any court of
competent jurisdiction, then said holdings shall in no way affect
the validity of the remaining portions of this section.
A.
Purpose. The purpose of this section is to regulate the intensity
of use in areas of steeply sloping terrain in order to limit soil
loss, erosion, excessive stormwater runoff, the degradation of surface
water and to maintain the natural topography and drainage patterns
of land.
B.
Background. Disturbance of steep slopes results in accelerated erosion
processes from stormwater runoff and the subsequent sedimentation
of water bodies with the associated degradation of water quality and
loss of aquatic life support. Related effects include soil loss, changes
in natural topography and drainage patterns, increased flooding potential,
further fragmentation of forest and habitat areas, and compromised
aesthetic values. It has become widely recognized that disturbance
of steep slopes should be restricted or prevented based on the impact
disturbance of steep slopes can have on water quality and quantity,
and the environmental integrity of landscapes.
C.
Applicability. This section shall be applicable to new development
or land disturbance on a steep slope within the Town of Newton.
D.
Designation of areas. The percent of slope (rise in feet per horizontal
distance) shall be established by measurement of distance perpendicular
to the contour of the slope. The percent of slope shall be calculated
for each two-foot contour interval. For example, any location on the
site where there is a one-foot rise over a ten-foot horizontal run
constitutes a ten-percent slope; a 1.5 foot rise over a ten-foot horizontal
run constitutes a fifteen-percent slope; a two-foot rise over a ten-foot
horizontal run constitutes a twenty-percent slope.
E.
Steep slopes limits.
(1)
For steep slopes any disturbance shall be prohibited except as provided
below:
(a)
Redevelopment within the limits of existing impervious surfaces;
and
(b)
New disturbance necessary to protect public health, safety or
welfare, such as necessary linear development with no feasible alternative;
to provide an environmental benefit, such as remediation of a contaminated
site; to prevent extraordinary hardship on the property owner peculiar
to the property; or to prevent extraordinary hardship, provided the
hardship was not created by the property owner, that would not permit
a minimum economically viable use of the property based upon reasonable
investment. For example, redevelopment, within the footprint of existing
impervious cover, should be allowed to support efforts to revitalize
development that has fallen into disrepair.
(2)
The applicant shall demonstrate through site plans depicting proposed
development and topography that new disturbance is not located in
areas with a twenty-percent-or-greater slope.
F.
Conflicts and severability.
(1)
Conflicts. All other ordinances, parts of ordinances, or other local
requirements that are inconsistent or in conflict with this section
are hereby superseded to the extent of any inconsistency or conflict,
and the provisions of this section apply.
(2)
Severability.
(a)
Interpretation. This section shall be so construed as not to
conflict with any provision of New Jersey or federal law.
(b)
Notwithstanding that any provision of this section is held to
be invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the section shall continue to be of full
force and effect.
(c)
The provisions of this section shall be cumulative with, and
not in substitution for, all other applicable zoning, planning and
land use regulations.
G.
Enforcement and violations. A prompt investigation shall be made
by the appropriate personnel of the Town of Newton of any person or
entity believed to be in violation hereof. If, upon inspection, a
condition which is in violation of this section is discovered, a civil
action may be instituted in the Special Part of the Superior Court,
or in the Superior Court, if the primary relief sought is injunctive
or if penalties may exceed the jurisdictional limit of the Special
Civil Part, by the filing and serving of appropriate process. Nothing
in this section shall be construed to preclude the right of the Town
of Newton, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings
hereunder in Municipal Court. The violation of any subsection of this
section shall constitute a separate and distinct offense independent
of the violation of any other subsection, or of any order issued pursuant
to this section. Each day a violation continues shall be considered
a separate offense.
A.
Intent and purpose.
(1)
The governing body of the Town of Newton finds that riparian lands
adjacent to streams, lakes, or other surface water bodies that are
adequately vegetated provide an important environmental protection
and water resource management benefit. It is necessary to protect
and maintain the beneficial character of riparian areas by implementing
specifications for the establishment, protection, and maintenance
of vegetation along the surface water bodies within the jurisdiction
of the Town of Newton, consistent with the interest of landowners
in making reasonable economic use of parcels of land that include
such designated areas. The purpose of this chapter is to designate
riparian zones, and to provide for land use regulation therein in
order to protect the streams, lakes, and other surface water bodies
of the Town of Newton; to protect the water quality of watercourses,
reservoirs, lakes, and other significant water resources within the
Town of Newton; to protect the riparian and aquatic ecosystems of
the Town of Newton to provide for the environmentally sound use of
the land resources of the Town of Newton, and to complement existing
state, regional, county, and municipal stream corridor protection
and management regulations and initiatives.
(2)
The specific purpose and intent of this section are to:
(a)
Restore and maintain the chemical, physical, and biological
integrity of the water resources of the Town of Newton.
(b)
Prevent excessive nutrients, sediment, and organic matter, as
well as biocides and other pollutants, from reaching surface waters
by optimizing opportunities for filtration, deposition, absorption,
adsorption, plant uptake, biodegradation, and denitrification, which
occur when stormwater runoff is conveyed through vegetated buffers
as stable, distributed flow prior to reaching receiving waters.
(c)
Provide for shading of the aquatic environment so as to moderate
temperatures, retain more dissolved oxygen, and support a healthy
assemblage of aquatic flora and fauna.
(d)
Provide for the availability of natural organic matter (leaves
and twigs) and large woody debris (trees and limbs) that provide food
and habitat for aquatic organisms (insects, amphibians, crustaceans,
and small fish), which are essential to maintain the food chain.
(e)
Increase stream bank stability and maintain natural fluvial
geomorphology of the stream system, thereby reducing stream bank erosion
and sedimentation and protecting habitat for aquatic organisms.
(f)
Maintain base flows in streams and moisture in wetlands.
(g)
Control downstream flooding.
(h)
Conserve the natural features important to land and water resources,
e.g., headwater areas, groundwater recharge zones, floodways, floodplains,
springs, streams, wetlands, woodlands, and prime wildlife habitats.
B.
Statutory authority. The municipality of the Town of Newton is empowered
to regulate land uses under the provisions of the New Jersey Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., which authorizes each municipality
to plan and regulate land use in order to protect public health, safety
and welfare by protecting and maintaining native vegetation in riparian
areas. The Town of Newton is also empowered to adopt and implement
this section under provisions provided by the following legislative
authorities of the State of New Jersey:
(1)
Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.
(2)
Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.
(3)
Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq.
(4)
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
(5)
Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
C.
Establishment of riparian zones.
(1)
Riparian zones adjacent to all surface water bodies shall be protected
from avoidable disturbance and shall be delineated as follows:
(a)
The riparian zone shall be 300 feet wide along both sides of
any Category One water (C1 water) and all upstream tributaries situated
within the same HUC 14 watershed. This includes special water resource
protection areas or SWRPAs as defined herein and shown on the USGS
quadrangle map or in the County Soil Surveys within the associated
HUC 14 drainage, pursuant to the Stormwater Management Rules at N.J.A.C.
7:8-5.5(h).
(b)
The riparian zone shall be 150 feet wide along both sides of
the following waters not designated as C1 waters:
[1]
Any trout production water and all upstream waters (including
tributaries).
[2]
Any trout maintenance water and all upstream waters (including
tributaries) within one linear mile as measured along the length of
the surface water body.
[3]
Any segment of a water flowing through an area that contains
documented habitat for a threatened or endangered species of plant
or animal, which is critically dependent on the surface water body
for survival, and all upstream waters (including tributaries) within
one linear mile as measured along the length of the surface water
body.
[4]
Any segment of a surface water body flowing through an area
that contains acid-producing soils.
(c)
For all other surface water bodies, a riparian zone of 50 feet
wide shall be maintained along both sides of the water.
(2)
The portion of the riparian zone that lies outside of a surface water
body is measured landward from the top of bank. If a discernible bank
is not present along a surface water body, the portion of the riparian
zone outside the surface water body is measured landward as follows:
(a)
Along a linear fluvial or tidal water, such as a stream or swale,
the riparian zone is measured landward of the feature's center
line.
(b)
Along a nonlinear fluvial water, such as a lake or pond, the
riparian zone is measured landward of the normal water surface limit.
(c)
Along a nonlinear tidal water, such as a bay or inlet, the riparian
zone is measured landward of the mean high water line.
(d)
Along an amorphously shaped feature such as a wetland complex,
through which water flows but which lacks a definable channel, the
riparian zone is measured landward of the feature's center line.
(e)
Where slopes in excess of 15% are located within the designated
widths, the riparian zone shall be extended to include the entire
distance of this sloped area to a maximum of 300 feet.
(f)
For areas adjacent to surface water bodies for which the floodway has been delineated per the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3 or the state's adopted floodway delineations, the riparian zone shall cover the entire floodway area, or the area described in § 240-12C(1)(a) or (b) above, whichever area has the greatest extent. Requests for alterations to the adopted delineations can be provided to the New Jersey Department of Environmental Protection for consideration if site-specific information is available.
(3)
A riparian zone is an overlay to the existing zoning districts. The
provisions of the underlying district shall remain in full force except
where the provisions of the riparian zone differ from the provisions
of the underlying district, in which case the provision that is more
restrictive shall apply. These provisions apply to land disturbances
resulting from or related to any activity or use requiring application
for any of the following permits or approvals:
(4)
A map of the riparian zones of the entire Town of Newton, including
all land and water areas within its boundaries, which designates surface
water bodies, is included as part of this section, and is appended
in Schedule E.[1] Maps of the municipality on which these designations have
been overlain shall be on file and maintained by the offices of the
Town Clerk. This map conforms to all applicable laws, rules and regulations
applicable to the creation, modification and promulgation of zoning
maps.
[1]
Editor's Note: Schedule E is included at the end of this chapter.
(5)
It shall be the duty of the Town Engineer, every second year after the adoption of this section, to propose modifications to the map delineating riparian zones required by any naturally occurring or permitted change in the location of a defining feature of a surface water body occurring after the initial adoption of the riparian zone map, to record all modifications to the riparian zone map required by decisions or appeals under § 240-12J, and by changes made by the New Jersey Department of Environmental Protection in surface water classifications or floodway delineations.
(6)
The applicant or designated representative shall be responsible for
the initial determination of the presence of a riparian zone on a
site, and for identifying the area on any plan submitted to the Town
of Newton in conjunction with an application for a construction permit,
subdivision, land development, or other improvement that requires
plan submissions or permits. This initial determination shall be subject
to review and approval by the Town Engineer, governing body, or its
appointed representative, and, where required, by the New Jersey Department
of Environmental Protection.
(7)
Exemptions. To obtain exemptions from the riparian zone protection
requirements above, the applicant must demonstrate compliance with
one of the following:
(a)
The proposed disturbance in a riparian zone is for a linear
development with no feasible alternative route. If the riparian zone
is associated with Category One waters, the linear development must
also meet the requirements for special water resource protection areas
under the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h).
(b)
The proposed disturbance in a riparian zone is in accordance
with a stream corridor restoration or stream bank stabilization plan
or project approved by the New Jersey Department of Environmental
Protection.
(c)
The proposed disturbance of a riparian zone is necessary to
provide for public pedestrian access or water-dependent recreation
that meets the requirements of the Freshwater Wetlands Protection
Act Rules, N.J.A.C. 7:7A, the Flood Hazard Area Control Act Rules,
N.J.A.C. 7:13, or the Coastal Zone Management Rules, N.J.A.C. 7:7E.
(d)
The proposed disturbance of a riparian zone is required for
the remediation of hazardous substances performed with New Jersey
Department of Environmental Protection or federal oversight pursuant
to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et
seq. or the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S.C. § 9601 et seq.
(e)
The proposed disturbance is for redevelopment that does not
exceed the limits of existing impervious surfaces.
(f)
The proposed disturbance would prevent extraordinary hardship
on the property owner peculiar to the property; or prevent extraordinary
hardship, provided the hardship was not created by the property owner,
that would not permit a minimum economically viable use of the property
based upon reasonable investment.
D.
Uses permitted in riparian zones.
(1)
For riparian zones in Category One waters (C1 waters), permitted
uses are governed by the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h)
and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, unless
otherwise exempt.
(2)
Any other riparian zone area shall remain in a natural condition
or, if in a disturbed condition, including agricultural activities,
at the time of adoption of this chapter may be restored to a natural
condition. There shall be no clearing or cutting of trees and brush,
except for removal of dead vegetation and pruning for reasons of public
safety or for the replacement of invasive species with indigenous
species. There shall be no altering of watercourses, dumping of trash,
soil, dirt, fill, vegetative or other debris, regrading or construction.
The following uses are permitted either by right or after review and
approval by the municipality in riparian zones. No new construction,
development, use, activity, encroachment, or structure shall take
place in a riparian zone, except as specifically authorized in this
section. The following uses shall be permitted within a riparian zone:
(a)
Open space uses that are primarily passive in character shall
be permitted by right to extend into a riparian zone, provided near
stream vegetation is preserved. These uses do not require approval
by the Zoning Enforcement Officer or compliance with an approved riparian
zone management plan. Such uses include wildlife sanctuaries, nature
preserves, forest preserves, fishing areas, game farms, fish hatcheries
and fishing reserves, operated for the protection and propagation
of wildlife, but excluding structures. Such uses also include passive
recreation areas of public and private parklands, including unpaved
hiking, bicycle and bridle trails, provided that said trails have
been stabilized with pervious materials.
(b)
Fences, for which a permit has been issued by the Construction
Code Office, to the extent required by applicable law, rule or regulation.
(c)
Crossings by farm vehicles and livestock, recreational trails,
roads, railroads, stormwater lines, sanitary sewer lines, waterlines
and public utility transmission lines, provided that the land disturbance
is the minimum required to accomplish the permitted use, subject to
approval by the Zoning Enforcement Officer, provided that any applicable
state permits are acquired, and provided that any disturbance is offset
by buffer improvements in compliance with an approved riparian zone
management plan and that the area of the crossing is stabilized against
significant erosion due to its use as a crossing.
(d)
Stream bank stabilization or riparian reforestation, which conform
to the guidelines of an approved riparian zone management plan, or
wetlands mitigation projects that have been approved by the New Jersey
Department of Environmental Protection, subject to approval by the
Zoning Enforcement Officer and subject to compliance with an approved
riparian zone management plan.
E.
Performance standards for riparian zones.
(1)
All encroachments proposed into riparian zones in C1 waters shall
comply with the requirements of the Stormwater Management Rules at
N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act Rules, N.J.A.C.
7:13, and shall be subject to review and approval by the New Jersey
Department of Environmental Protection, unless exempt.
(2)
For all other riparian zones, the following conditions shall apply:
(a)
All new major and minor subdivisions and site plans shall be
designed to provide sufficient areas outside of the riparian zone
to accommodate primary structures, any normal accessory uses appurtenant
thereto, as well as all planned lawn areas.
(b)
Portions of lots within the riparian zone must be permanently
restricted by deed or conservation easement held by the Town of Newton,
its agent, or another public or private land conservation organization
which has the ability to provide adequate protection to prevent adverse
impacts within the riparian zone. A complete copy of the recorded
conservation restriction that clearly identifies the deed book and
pages where it has been recorded in the office of the Clerk of the
applicable county or the registrar of deeds and mortgages of the applicable
county must be submitted to the municipality. The applicant shall
not commence with the project or activity prior to making this submittal
and receiving actual approval of the plan modification and receipt
of any applicable permits from the New Jersey Department of Environmental
Protection. The recorded conservation restriction shall be in the
form approved by the municipality and shall run with the land and
be binding upon the property owner and the successors in interest
in the property or in any part thereof. The conservation restriction
may include language reserving the right to make de minimis changes
to accommodate necessary regulatory approvals upon the written consent
of the municipality, provided such changes are otherwise consistent
with the purpose and intent of the conservation restriction. The recorded
conservation restriction shall, at a minimum, include:
[1]
A written narrative of the authorized regulated activity, date
of issuance, and date of expiration (if applicable), and the conservation
restriction that, in addition, includes all of the prohibitions set
forth at N.J.S.A. 13:8B-2b(1) through (7).
[2]
Survey plans for the property as a whole and, where applicable,
for any additional properties subject to the conservation restrictions.
Such survey plans shall be submitted on the surveyor's letterhead,
signed and sealed by the surveyor, and shall include metes and bounds
descriptions of the property, the site, and the areas subject to the
conservation restriction in New Jersey State Plane Coordinates, North
American Datum 1983, and shall depict the boundaries of the site and
all areas subject to the conservation restriction as marked with flags
or stakes on site. All such survey plans shall be submitted on paper
and in digital CAD or GIS file on a media and format defined by the
municipality. The flags or stakes shall be numbered and identified
on the survey plan.
[3]
A copy or copies of deeds for the property as a whole that indicate
the deed book and pages where it has been recorded in the office of
the Clerk of the applicable county or the registrar of deeds and mortgages
of the applicable county.
(c)
Any lands proposed for development which include all or a portion of a riparian zone shall as a condition of any major subdivision or major site plan approval, provide for the vegetation or revegetation of any portions of the riparian zone which are not vegetated at the time of the application or which were disturbed by prior land uses, including for agricultural use. Said vegetation plan shall utilize native and noninvasive tree and plant species to the maximum extent practicable in accordance with an approved riparian zone management plan, described in § 240-12I.
(d)
For building lots which exist as of the date of adoption of
this chapter, but for which a building permit or a preliminary site
plan approval has not been obtained or is no longer valid, the required
minimum front, side, and rear setbacks may extend into the riparian
zone, provided that a deed restriction and/or conservation easement
is applied which prohibits clearing or construction in the riparian
zone.
(e)
All stormwater shall be discharged outside of but may flow through
a riparian zone and shall comply with the Standard for Off-Site Stability
in the Standards for Soil Erosion and Sediment Control in New Jersey,
established under the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq. (see N.J.A.C. 2:90-1.3).
(f)
If stormwater discharged outside of and flowing through a riparian zone cannot comply with the Standard for Off-Site Stability cited in § 240-12E(2)(e), then the proposed stabilization measures must meet the requirements of the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-10.2 et seq., and have an approved flood hazard area permit.
F.
Nonconforming structures and uses in riparian zones.
(1)
Nonconforming structures and uses of land within the riparian zone
are subject to the following requirements:
(a)
Legally existing but nonconforming structures or uses may be
continued.
(b)
Any proposed enlargement or expansion of the building footprint
within the riparian zone of a C1 water shall comply with the standards
in the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h) and the
Flood Hazard Area Control Act Rules, N.J.A.C. 7:13.
(c)
For all other riparian zones:
[1]
Encroachment within the riparian zone shall only be allowed
where previous development or disturbance has occurred and shall be
in conformance with the Stormwater Management Rules, N.J.A.C. 7:8,
and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13.
[2]
Existing impervious cover shall not be increased within the
riparian zone as a result of encroachments where previous development
or disturbances have occurred.
[3]
Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the riparian zone, as measured against the intent and purpose under § 240-12A, than the existing or former nonconforming use. This one-year time frame shall not apply to agricultural uses that are following prescribed best management practices for crop rotation. However, resumption of agricultural uses must be strictly confined to the extent of disturbance existing at the time of adoption of this chapter.
G.
Uses prohibited in riparian zones.
(1)
Any use within a riparian zone of a C1 water shall comply with the
standards in the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h)
and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13.
(2)
For other riparian zones, any use or activity not specifically authorized in § 240-12D or 240-12F shall be prohibited within the riparian zone. By way of example, the following activities and facilities are prohibited:
(a)
Removal or clear-cutting of trees and other vegetation or soil
disturbance such as grading, except for selective vegetation removal
for the purpose of stream or riparian area stabilization or restoration
projects that require vegetation removal or grading prior to implementation.
(b)
Storage of any hazardous or noxious materials.
(c)
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards or the recommendations
of the Soil Conservation District.
(e)
Motor or wheeled vehicle traffic in any area, except as permitted
by this chapter.
(f)
Parking lots.
(h)
New subsurface sewage disposal system areas. The expansion and
replacement of existing subsurface sewage disposal system areas for
existing uses is permitted.
(i)
Residential grounds or lawns, except as otherwise permitted
pursuant to this section.
H.
Activities permitted in riparian zones in the case of no reasonable
or prudent alternative or extreme hardship.
(1)
For riparian zones in C1 waters, requests for exemptions must be
authorized by the New Jersey Department of Environmental Protection,
as per the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h) and
the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13.
(2)
For other riparian zones, hardship variances may be granted by the
Planning Board in cases of a preexisting lot (existing at the time
of adoption of this chapter) when there is insufficient room outside
the riparian zone for uses permitted by the underlying zoning and
there is no other reasonable or prudent alternative to placement in
the riparian zone, including obtaining variances from setback or other
requirements that would allow conformance with the riparian zone requirements,
and provided the following demonstrations are made:
(a)
An applicant shall be deemed to have established the existence
of an extreme economic hardship if the subject property is not capable
of yielding a reasonable economic return if its present use is continued
or if it is developed in accordance with provisions of this section
and that this inability to yield a reasonable economic return results
from unique circumstances peculiar to the subject property which:
[1]
Do not apply to or affect other property in the immediate vicinity.
[2]
Relate to or arise out of the characteristics of the subject
property because of the particular physical surroundings, shape or
topographical conditions of the property involved, rather than the
personal situations of the applicant; and are not the result of any
action or inaction by the applicant or the owner or his predecessors
in title.
[3]
The necessity of acquiring additional land to locate development
outside the riparian zone shall not be considered an economic hardship
unless the applicant can demonstrate that there is no adjacent land
that is reasonably available or could be obtained, utilized, expanded
or managed in order to fulfill the basic purpose of the proposed activity.
(b)
An applicant shall be deemed to have established compelling
public need if the applicant demonstrates, based on specific facts,
that one of the following applies:
(c)
A variance can only be granted if it is shown that the activity
is in conformance with all applicable local, state, and federal regulations,
including but not limited to the Stormwater Management Rules, N.J.A.C.
7:8, and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, and
that the exception granted is the minimum relief necessary to relieve
the hardship.
(3)
If such an exception is granted, the applicant shall rehabilitate an environmentally degraded riparian zone area within or adjacent to the same site, and at least equivalent in size to the riparian zone reduction permitted, or, if not possible, rehabilitate or expand a riparian zone area at least equivalent in size within a nearby site and, if available, within the same watershed. Rehabilitation shall include reforestation, stream bank stabilization and removal of debris, in accordance with a riparian zone management plan, as described in § 240-12I below.
I.
Riparian zone management plan.
(1)
Within any riparian zone, no construction, development, use, activity,
or encroachment shall be permitted unless the effects of such development
are accompanied by preparation, approval, and implementation of a
riparian zone management plan.
(2)
The landowner, applicant, or developer shall submit to the Municipal
Clerk, or its appointed representative, a riparian zone management
plan prepared by an environmental professional, professional engineer
or other qualified professional which fully evaluates the effects
of any proposed uses on the riparian zone. The riparian zone management
plan shall identify the existing conditions including:
(a)
Existing vegetation.
(b)
Field-delineated surface water bodies.
(c)
Field-delineated wetlands.
(d)
The one-hundred-year floodplain.
(e)
Flood hazard areas, including floodway and flood fringe areas,
as delineated by the New Jersey Department of Environmental Protection.
(f)
Soil classifications as found on soil surveys.
(g)
Existing subdrainage areas of site with HUC (hydrologic unit
code) 14 designations.
(h)
Slopes in each subdrainage area segmented into sections of slopes
less than 15%; above 15% but less than 20%; and steep slopes greater
than 20%.
(3)
The proposed plan shall describe all proposed uses/activities, and
fully evaluate the effects of all proposed uses/activities in a riparian
zone, and all proposed management techniques, including proposed vegetation
and any other measures necessary to offset disturbances to the riparian
zone. A discussion of activities proposed as well as management techniques
proposed to offset disturbances and/or enhance the site to improve
the riparian zone's ability to function effectively as a riparian
zone shall also be included with the riparian zone management plan
submittal to the Town of Newton.
(4)
The plan shall be reviewed and must be approved by the Town Engineer,
in consultation with the Planning Board, as part of the subdivision
and land development process.
(5)
The riparian zone management plan must include management provisions
in narrative and/or graphic form specifying:
(a)
The manner in which the area within the riparian zone will be
owned and by whom it will be managed and maintained.
(b)
The conservation and/or land management techniques and practices
that will be used to conserve and protect the riparian zone, as applicable.
(c)
The professional and personnel resources that are expected to
be necessary, in order to maintain and manage the riparian zone.
(d)
A revegetation plan, if applicable, that includes: three layers
of vegetation, including herbaceous plants that serve as ground cover,
understory shrubs, and trees that, when fully mature, will form an
overhead canopy. Vegetation selected must be native, noninvasive species,
and consistent with the soil, slope and moisture conditions of the
site. The revegetation plan shall be prepared by a qualified environmental
professional, landscape architect, or professional engineer, and shall
be subject to the approval of the Town Engineer in consultation with
the Planning Board. Dominant vegetation in the riparian zone management
plan shall consist of plant species that are suited to the riparian
zone environment. The Town Engineer may require species suitability
to be verified by qualified experts from the Soil Conservation District,
Natural Resources Conservation Service, New Jersey Department of Environmental
Protection, U.S. Fish and Wildlife Service and/or state or federal
forest agencies.
(6)
A riparian zone management plan is not required where the riparian
zone is not being disturbed and conservation easements/deed restrictions
are applied to ensure there will be no future clearing or disturbance
of the riparian zone.
(7)
Performance of the riparian zone management plan shall be guaranteed
for two years by a surety, such as a bond, cash or letter of credit,
which shall be provided to the Town of Newton prior to the Town issuing
any permits or approving any uses relating to the applicable use or
activity.
J.
Boundary interpretation; appeals procedures; inspection; conflicts;
severability.
(1)
When a landowner or applicant disputes the boundaries of a riparian
zone, or the defined bank-full flow or level, the landowner or applicant
shall submit evidence to the Town Clerk that describes the riparian
zone, presents the landowner or applicant's proposed riparian
zone delineation, and presents all justification for the proposed
boundary change, including, but not limited to, a verification issued
under the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-6,
or an approval from the New Jersey Department of Environmental Protection
to encroach within the special water resource protection area (SWRPA)
of a C1 water pursuant to the Stormwater Management Rules at N.J.A.C.
7:8-5.5(h)1ii.
(2)
Within 45 days of a complete submission of § 240-12J(1) above, the Town Engineer or appointed representative shall evaluate all material submitted and shall make a written determination, a copy of which shall be submitted to the Planning Board Secretary, the Municipal Clerk and the landowner or applicant. Failure to act within the forty-five-day period shall not be interpreted to be an approval of the proposed boundary change.
(3)
Any party aggrieved by any such determination or other decision or determination under § 240-12J(2) may appeal to the Zoning Officer under the provisions of this section. The party contesting the location of the riparian zone boundary shall have the burden of proof in case of any such appeal.
(4)
Any party aggrieved by any determination or decision of the Zoning
Officer under this section may appeal to the Town Council of the Town
of Newton. The party contesting the determination or decision shall
have the burden of proof in case of any such appeal.
(5)
Inspections:
(a)
Lands within or adjacent to an identified riparian zone shall
be inspected by the Town Engineer when:
(b)
The riparian zone may also be inspected periodically by representatives
from the Town of Newton if excessive or potentially problematic erosion
is present, other problems are discovered, or at any time when the
presence of an unauthorized activity or structure is brought to the
attention of municipal officials or when the downstream surface waters
are indicating reduction in quality.
(6)
Conflicts. All other ordinances, parts of ordinances, or other local
requirements that are inconsistent or in conflict with this section
are hereby superseded to the extent of any inconsistency or conflict,
and the provisions of this section apply.
(7)
Severability.
(a)
Interpretation. This section shall be so construed as not to
conflict with any provision of New Jersey or federal law.
(b)
Notwithstanding that any provision of this section is held to
be invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the section shall continue to be of full
force and effect.
(c)
The provisions of this section shall be cumulative with, and
not in substitution for, all other applicable zoning, planning and
land use regulations.
K.
Enforcement. A prompt investigation shall be made by the appropriate
personnel of the Town of Newton of any person or entity believed to
be in violation hereof. If, upon inspection, a condition which is
in violation of this section is discovered, a civil action may be
instituted in the Special Part of the Superior Court, or in the Superior
Court, if the primary relief sought is injunctive or if penalties
may exceed the jurisdictional limit of the Special Civil Part, by
the filing and serving of appropriate process. Nothing in this section
shall be construed to preclude the right of the Town Of Newton, pursuant
to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in
Municipal Court. The violation of any subsection of this section shall
constitute a separate and distinct offense independent of the violation
of any other subsection, or of any order issued pursuant to this section.
Each day a violation continues shall be considered a separate offense.
A.
Guarantees required. As a condition of final site plan approval, the reviewing Board may require and shall accept in accordance with the standards adopted by §§ 240-3J and 240-5A, for the purpose of assuring the installation and maintenance of on-tract improvements, a performance guarantee. Off-tract improvements may be required pursuant to the provisions of § 240-5H. Maintenance guarantees may also be required following completion of improvements, in accordance with § 240-3J.
B.
Extension of performance guarantees. Whenever it is required as a
condition of subdivision or site plan approval that a performance
guarantee must be furnished in favor of the municipality in an amount
not exceeding 120% of the estimated cost of any required improvements
within a stated time, the time allowed for installation of the improvements
for which the performance guarantee has been provided may be extended
by the Town Council by resolution. As a condition of or as a part
of any such extension, the amount of any performance guarantee shall
be increased or reduced, as the case may be, to an amount not to exceed
120% of the cost of the installation, as determined at of the time
of passage of the resolution.
C.
Substantial completion of improvements. Upon substantial completion
of all required appurtenant street improvements (except for the top
course) and utility improvements and the connection of same to the
public system, the obligor may notify the Town Council in writing
of such completion or substantial completion, as provided for in N.J.S.A.
40:55D-53d and, after inspection and report of the Town Engineer,
the Town Council may approve, partially approve, or reject the improvements.
Where partial approval is granted, the bond of the obligor may be
reduced, provided that 30% of the amount of the performance guarantee
posted may be retained to insure completion of all improvements. Notice
shall be given to the obligor as required by N.J.S.A. 40:55D-53d.
D.
Completion of improvements; liability of obligor.
(1)
When all of the required improvements have been completed, the obligor
shall notify the Town Council in writing, by certified mail addressed
in care of the Town Clerk, of the completion of such improvements
and shall send a copy thereof to the Town Engineer. Thereupon, the
Town Engineer shall inspect all of the improvements and shall file
a detailed report in writing with the Town Council, indicating either
approval, partial approval or rejection. If partial approval is indicated,
the cost of the improvements rejected shall be set forth.
(2)
If the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor or surety, if any, shall
be liable thereon to the Town for the reasonable cost of the improvements
not completed or corrected and the Town may, either prior to or after
the receipt of the proceeds thereof, complete such improvements.
(3)
If any portion of the required improvements is rejected, the reviewing
Board may require the obligor to complete such improvements and, upon
completion, the same procedure of notification as set forth in this
section shall be followed.
E.
Notification to obligor. The Town Council shall either approve, partially
approve, or reject the improvements on the basis of the report of
the Town Engineer pursuant to N.J.S.A. 40:55D-53d and 40:55D-53e.
If any section, paragraph, sentence, clause or provision of
this chapter shall be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair, invalidate
or nullify this chapter as a whole and such adjudication shall apply
only to the section, paragraph, sentence, clause or provision so adjudged,
and the remainder of this chapter shall be deemed valid and effective.
It shall be the duty of the Zoning Officer to enforce the provisions of this chapter. The Zoning Officer shall investigate any violation or alleged violation of this chapter coming to his attention and shall have, to the extent applicable, all of the powers to exercise all of the functions and duties with respect to this chapter as set forth in § 320-31 of the Revised General Ordinances of the Town of Newton.
