A.
General. All maps, plats and plans required to be submitted by this
chapter, including any application for planned development or conditional
use approval which requires site plan approval or subdivision approval,
shall conform to one of the following sizes: 8 1/2 inches by
13 inches; 15 inches by 21 inches; 24 inches by 36 inches; or 30 inches
by 42 inches.
B.
Sketch plan. All plans shall be based on accurate information at
a scale of not less than one inch equals 50 feet unless otherwise
noted and shall show the entire tract to be developed, giving the
accurate location of all existing and proposed property and street
lines, and shall also show or indicate the following information,
unless waived by the Board:
(1)
Key map. A map at a scale of not less than one inch equals 600 feet,
showing the entire development, zone districts and its relation to
all features shown on the Official Map and Master Plan located within
1/2 mile of the extreme limits of the development.
(2)
Structures, wooded areas and topography. The location and dimensions
of existing and proposed buildings and structures, including dimensions
from all existing and proposed lot lines; wooded areas; those dogwood
trees more than two inches in diameter (measured four feet above ground);
all isolated trees more than eight inches in diameter (measured four
feet above ground); and the topography within the portion to be developed
and within 100 feet thereof at one-foot contours.
(3)
Owners. The name of the owner of the subject property and all owners
of property contiguous to and across existing or proposed streets
from the subject property as disclosed by the most recent municipal
tax records.
(4)
Identity. The Tax Map sheet, block and lot numbers and zone district.
(5)
Easements, watercourses and rights-of-way. The location of existing
or proposed streets, roads, easements, public rights-of-way, streams,
bridges, culverts, drainage ditches, natural watercourses, flood control
basins, floodways and floodplains in and within 200 feet of the development.
(6)
Public areas. Any existing or proposed parks, municipal lands, school
sites, historic sites or other public areas shown on the duly adopted
Master Plan and/or Official Map.
(7)
Lots. The existing and proposed lot layout, lot dimensions, all required
setback lines and lot areas of each lot in square feet. Lots shall
be designated by letters for minor subdivisions and by consecutive
numbers for major subdivisions until given official lot number designations
by the Township.
(8)
The date of the original plan and any revisions, the current name
and the old name, if submitted previously under a different title.
(9)
Any other information required by the Board.
C.
Information required for minor subdivision plats. If the sketch plan is being submitted for minor subdivision approval, it shall contain the information required under Subsection E of this section and shall be a certified survey map drawn by a licensed New Jersey land surveyor. The plat shall provide for endorsement by the Chairperson and Planning Board Secretary. If the plat is to be filed with the county filing officer, it shall meet the requirements of the Map Filing Act.[1]
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
D.
Plan submitted for preliminary approval. The plan shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 50 feet. Contour maps and preliminary construction plans, including road profiles and utility plans, shall be submitted as part of the preliminary plan. Separate maps may be required by the Board for topography, utilities and road details. A soil erosion and sedimentation control plan and a grading plan shall be included. The plan shall be designed in compliance with the applicable provisions of §§ 255-25 and 255-26 of this article and shall show or be accompanied by the following information:
(1)
Key map. A map at a scale of not less than one inch equals 600 feet,
showing the entire development, zoning district and its relation to
all features shown on the Official Map and Master Plan located within
1/2 mile of the extreme limits of the development.
(2)
Lots. Lot layout, lot dimensions, all required setback lines and
individual lot areas in square feet and acreage. Lots shall be designated
by consecutive numbers until given an official lot number designation
by the Township.
(3)
Other contents. The plan name, Tax Map sheet and date, if a revision,
block and lot numbers, date of plan preparation, reference meridian,
scale, graphic scale and the following names and addresses:
(4)
Acreage. Acreage of the tract to be developed to the nearest hundredth
of an acre.
(5)
Elevations and contours. Sufficient elevations and contours at one-foot
vertical intervals to determine the general slope and natural drainage
of the land and the high and low points for the entire tract and for
a distance of 100 feet from the tract boundary. All elevations shall
be based on United States Coast and Geodetic Survey data.
(6)
Existing and proposed features. The location of all existing and
proposed property lines, streets, buildings, structures, parking areas,
driveways, watercourses, railroads, easements, bridges, culverts,
drainpipes, sanitary sewers, water mains, gas mains, powerlines and
any natural features such as wooded areas, isolated trees over eight
inches in diameter (measured four feet above ground) and dogwoods
over two inches in diameter (measured four feet above ground) and
rock formations. This data shall be determined by field and/or photogrammetric
survey.
(7)
Streets. Preliminary plans and profiles at a scale of not less than
one inch equals 50 feet horizontally and one inch equals five feet
vertically, including cross sections every 50 feet or as specified
by the Township Engineer, of all proposed streets, curbs, gutters
and sidewalks within the development and proposed connection with
existing or future continuing streets. The radii distances of all
street lines shall be shown.
(8)
Sewers, drains and ditches. Preliminary plans and profiles at a scale
of one inch equals 50 feet horizontally and one inch equals five feet
vertically of all proposed and existing sanitary sewers, storm drains,
drainage ditches and streams within the development, together with
the locations, sizes, elevations, grades and capacities of any existing
sanitary sewer, storm drain, drainage ditch or stream or watercourse
to which the proposed facility shall be connected. When brook or stream
channel improvements are proposed or required, the plans shall be
approved by the State Department of Environmental Protection and the
Union County Planning Board where applicable.
(9)
Off-site improvements. When the development is contingent upon improvements
outside the boundaries of the lot or tract to be developed, certification
shall be supplied by the applicant, prior to Planning Board consideration
for preliminary approval, that the improvements outside the tract
are installed and will be available to the applicant.
(10)
Setback lines. All front, rear and side yard lines shall be
shown for all lots.
(11)
Deed restrictions. A copy of any existing and proposed covenants
or deed restrictions applying to the land being developed shall be
submitted with the preliminary plan.
(12)
Open space. Any open space proposed to be dedicated for public
use, playgrounds or other public purpose shall be shown on the plan.
(13)
Support capability. When deemed necessary to determine the suitability
of the soil to support new construction, the Planning Board shall
require test holes or borings to be made by a New Jersey licensed
engineer or an approved testing laboratory at the expense of the applicant
under the direction of the Township Engineer.
(14)
Parking. Indicate parking, loading and unloading areas with
dimensions, traffic patterns, access aisles, curb radii and bumpers.
(15)
Solid waste. Indicate location and design of existing and proposed
methods of solid waste storage and disposal.
(16)
Landscaping and buffering. Show what will remain and what will
be planted; indicate names of plants and trees, dimensions and spacing,
approximate time of planting and maintenance plans.
(17)
Lighting. Indicate types of standards and fixtures, locations,
radii of light and intensities in footcandles.
(18)
Signs. Indicate the location, dimensions and details.
(19)
Trees. Plans shall clearly indicate all existing trees and their sizes in inches in diameter at breast height (dbh), i.e., measured four feet above ground. Trees to be removed and any trees previously removed within one year prior to the date of the plan shall be clearly indicated, both as to the trees to be removed and those previously removed. For the purpose of this subsection, a "tree" shall be as defined in § 255-26N below.
(21)
Environmental impact statement.
(a)
The Planning Board or Zoning Board of Adjustment or the Development
Review Committee, whichever is appropriate, may require an applicant
to prepare, at his own expense, an environmental impact statement
(EIS) describing and explaining the impact and effect of proposed
land development upon natural systems and the environment of the Township.
The Board shall retain the right to select a qualified consultant
to prepare an EIS.
[1]
An environmental impact statement shall be required at the discretion
of the approving body and where:
[a]
The development site involves five acres or more;
[b]
Twenty percent or more of the development site contains any
combination of environmentally sensitive areas as defined in the Conservation
Element of the Master Plan, i.e., wetlands, floodplains, etc.;
[c]
The development site contains a trout production or trout maintenance
stream or headwaters thereof; or
[d]
The proposed project development will create a use which commonly
uses any volatile or toxic substances as primary materials in its
operation or is identified within the provisions of the New Jersey
Worker and Community Right to Know Act (N.J.S.A. 34:5A) by SIC code
as a typical hazardous substance user.
[2]
For smaller sites less than five acres, the Board may require
an environmental impact statement if the Board finds that a special
circumstance requires review.
[3]
It is recognized that the level of detail required for various
types of applications will vary due to site-specific factors, including
size, location and nature of any particular project. Therefore, having
determined that some flexibility is needed in preparing the environmental
impact statement, the requirements for such a document pertaining
to different types of development applications are listed below:
[a]
Any variance application to the Zoning Board of Adjustment not
involving a site plan or subdivision application shall not require
an environmental impact statement unless specifically requested by
the Board. The Zoning Board of Adjustment shall inform the applicant
regarding any information that may be required.
(b)
Submission format. When an environmental impact statement is
required, the applicant shall retain one or more competent professionals
to perform the necessary work. All applicable material on file in
the Construction Code Office pertinent to local conditions shall be
consulted. Any additional material pertinent to evaluation of regional
impacts shall also be considered. Furthermore, as much original research
as necessary shall be conducted to develop the environmental impact
statement. All environmental impact statements shall consist of written
and graphic materials which clearly present the required information
utilizing the following format:
[1]
Project description. Indicate the purpose and scope of the proposed
project. Enumerate the suitability of the site for the intended use.
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, how they are to be considered and the uses intended.
The resident population, working population, and visitor population
shall be estimated. The compatibility or incompatibility of the proposed
project shall be described in relation to the following:
[2]
Site description and inventory. Provide a description of environmental
conditions on the site which shall include, but not be limited to,
the following items:
[a]
Types of soils. List and describe each soil type
located on the site. If applicable, provide percolation data. Where
the proposed area of land disturbance will involve soils with moderate
or severe limitations (as per the Soil Survey of Union County, Natural
Resources Conservation Service) relative to the type of project proposed,
a complete mapping of all soil types on the site shall be required
indicating where those moderate and severe limitations exist.[2]
[b]
Topography. Describe the topographic conditions
of the site, with specific delineation of any lands with slopes exceeding
12%.
[c]
Geology. Describe the geologic formations and features
associated with the site as well as depth to bedrock conditions. Delineate
those areas where bedrock is in close proximity to the surface (within
two feet of the surface as well as major rock outcroppings).
[d]
Vegetation. Describe the existing vegetation on
the site. When required, prepare a map showing the location of major
vegetative groupings such as woodland, open field and wetland. Where
woodlands are delineated, indicate the forest type and its characteristics.
[e]
Wildlife. Identify habitats of any rare or endangered
species as defined by the State of New Jersey.
[f]
Surface water. Describe existing watercourses and
water bodies that are partially or totally on the site and their relationship
to the area of land disturbance. Calculate existing surface runoff
from the site. When the natural drainage pattern will be significantly
altered, an analysis shall be conducted which will investigate flow,
depth, capacity and water quality of the receiving waters. When required,
floodplain and wetland areas will be mapped in consultation with New
Jersey Department of Environmental Protection. Existing drainage structures
shall be mapped and the capacity of the drainage network shall be
determined. Additionally, wetland areas shall be delineated and a
Letter of Interpretation (LOI) where applicable from the New Jersey
Department of Environmental Protection shall be provided.[3]
[g]
Subsurface water. Describe the subsurface water
conditions on the site both in terms of depth to groundwater and water
supply capabilities of the site. Where existing conditions warrant,
provide detailed information regarding any existing wells within 500
feet of the site relative to depth, capacity and water quality. Discuss
the water supply capabilities of the adjacent areas and the recharge
capabilities of the site.
[h]
Unique, scenic and/or historic features. Describe
and map those portions of the site that can be considered to have
unique, scenic and/or historic qualities and any scenic view from
the site.
[i]
Water quality and supply. Describe the proposed
method of water supply and wastewater management.
[3]
Impact. Discuss the probable negative and positive impacts the project will have on the topics described in § 255-27C(1).
[4]
Environmental performance controls. Describe in detail what
measures will be employed during the planning, construction and operation
phases which will minimize or eliminate negative impacts on and off
site that could result from the proposed project. Of specific interest
are:
[a]
Drainage plans which shall include but not be limited
to soil erosion and sedimentation controls. Every effort should be
made to limit off-site surface runoff to pre-development levels.
[b]
Sewage disposal techniques.
[c]
Water supply and water conservation proposals.
[d]
Site design techniques sensitive to the natural
environment which should include innovative landscape, building and
circulation design.
[e]
Energy conservation measures such as building orientation
and design.
[f]
Noise reduction techniques.
[g]
Miscellaneous on-site and off-site public improvements.
[5]
Alternatives. Discuss what alternatives were considered both
in terms of site design and project location. Indicate why an alternative
was rejected if it would have resulted in less of a negative impact
than the subject proposal.
[6]
Licenses, permits and other approvals required by law. The applicant
shall list all known licenses, permits and other forms of approval
required by law for the construction and operation of the proposed
project. This list shall include, but will not be limited to, approvals
required by the municipality, as well as agencies of the county, state
and federal governments. Where approvals have been granted, copies
of said approvals shall be attached. Where approvals are pending,
a note shall be made to that effect.
[7]
Documentation. All publications, file reports, manuscripts or
other written sources of information related to the project, the project
site and the municipality which were consulted and employed in compilation
of the environmental impact statement shall be listed and footnoted
where appropriate. 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.
[8]
Disposition. The Board shall not approve any submission unless
is determines and finds that the proposed development will not result
in appreciable harmful effects to the environment. In making its decision,
the Board shall give due consideration to any recommendations of the
Environmental Commission.[5]
(22)
Community impact statement. The Planning Board or Zoning Board
of Adjustment or the Development Review Committee, whichever is appropriate,
in its sole discretion, may, as a condition of preliminary major subdivision
or site plan approval, require the applicant to prepare, at his own
expense, a community impact statement describing and explaining the
impact and effect of the proposed land development upon the Township's
educational system and other municipal facilities. The Board shall
retain the right to select a qualified consultant to prepare a community
impact statement. In determining whether or not such a statement shall
be required, the Board in question shall give consideration to the
character and size of the development and the recommendations of the
Township's Board of Education, if any.
(23)
Traffic impact statement.
(a)
The Planning Board, Zoning Board of Adjustment or the Development
Review Committee, whichever is appropriate, in its sole discretion,
may require the applicant to prepare, at his own expense, a traffic
impact statement describing and explaining the impact and effect of
the proposed land development upon all roads which are adjacent to
or immediately affected by traffic. The Board shall retain the right
to select a qualified consultant to prepare a traffic impact statement.
Such report shall be a requirement for all proposed developments generating
100 or more peak hour trips during the morning and evening as analyzed
using the most recent edition of the Trip Generation Handbook of the
Institute of Transportation Engineers, or as otherwise required by
the reviewing Board.
(b)
The traffic impact statement shall be prepared by a person or
persons having appropriate experience and background and shall identify
all relevant sources of information used in the preparation of said
statement and shall, at a minimum, address the following:
[3]
Traffic impacts caused by the proposed development as per change
in existing conditions.
[4]
Explanation of traffic reduction/traffic management plans necessary
pursuant to any current federal, state or county requirements and,
where applicable, proposed interaction with appropriate county transportation
management areas (TMA).
[5]
Recommendations for alleviating or diminishing any possible
congestion or disruption to the established traffic pattern.
[6]
Any other information requested by the appropriate Board reasonably
required to make an informed assessment of potential traffic impacts
of a proposed development.
(c)
Disposition. The Board shall not approve any submission unless it
determines and finds that the proposed development will not result
in appreciable harmful effects to traffic.
E.
Final plan. The final plan and all final plans and profiles of improvements
and other original exhibits shall show or be accompanied by the following,
where applicable:
(1)
Identification. The date, name and key map of the development, name
of owner, scale, graphic scale and reference meridian. The final plan
shall be drawn at a scale of not less than one inch equals 50 feet.
(2)
Survey data. Tract boundary lines, right-of-way lines of streets,
street names, easements and other rights-of-way, land to be reserved
or dedicated to public use and all lot lines with accurate dimensions.
Where appropriate, the bearings, distances, arc lengths, central angles,
tangents and radii of all curves and lot lines and areas of each lot
in square feet shall be shown.
(3)
Public use. The purpose of any easement or land reserved or dedicated
for public use shall be indicated.
(4)
Block and lots. All block, lot and house numbers shall be approved
by the Township Engineer and the Tax Assessor and shall be related
to existing block and lot numbers as shown on the Official Tax Map
of the Township.
(5)
Monuments. The location and description of all required monuments
shall be shown.
(6)
Consent of owner. Certification that the applicant is agent or owner
of the land or that the owner has given consent to file said plan.
(7)
Approval. When approval of a plan is required by any officer or body,
whether municipal, county or state, approval shall be certified on
the plat.
(8)
Agreements. Agreements providing for ownership of common areas, including
the perpetual maintenance and continuance of ownership.
(9)
Changes from preliminary. An affidavit is signed and sworn to by
the applicant that the final plan is exactly the same as the preliminary
plan approved by the Board. If there are changes, they shall be noted
and the reasons indicated for the changes.
(10)
Certifications. The following certifications shall appear on
the final plan, where appropriate:
|
(1)
|
I hereby certify that this map and the survey have been made
under my immediate supervision and comply with the provisions of the
Map Filing Law. (Include the following if applicable.) I do further
certify that the monuments as designated and shown hereon have been
set.
| |
|
Licensed Land Surveyor (Affix Seal)
| ||
|
Date
| ||
|
(If monuments are to be set at a later date, the following endorsement
shall be shown on the map.)
| ||
|
(1a)
|
I certify that a bond has been given to the Township of Cranford
guaranteeing the future setting of the monuments shown on this map
and so designated.
| |
|
Township Clerk
| ||
|
Date
| ||
|
(2)
|
I have carefully examined this map and find it conforms to the
provisions of the Map Filing Law and the municipal ordinances and
requirements thereto.
| |
|
Township Engineer (Affix Seal)
| ||
|
Date
| ||
|
(3)
|
This application No. _____ is approved by the Cranford Township
Planning Board as a major development.
| |
|
Chairperson
| ||
|
Date
| ||
|
Secretary
| ||
|
Date
|
A.
Purpose and applicability.
(1)
The intent of this section is to ensure that all developments conform
to design standards encouraging sound development patterns within
the Township. Where an official map or master plan has been adopted,
development shall conform to them in accordance with the provisions
of N.J.S.A. 40:55D-44 et seq.
(2)
The standards in this section shall apply to all developments in
the Township requiring site plan or subdivision approval, except that
developments consisting solely of residential uses shall comply with
the New Jersey Residential Site Improvement Standards (RSIS), N.J.A.C.
5:21 et seq., wherever there is a conflict between RSIS and the standards
in this section. Unless required otherwise by law or regulation, RSIS
shall not apply to nonresidential or mixed-use development.
(3)
Relief from the standards herein shall be granted by way of exception
pursuant to N.J.S.A. 40:55D-51.
B.
General requirements.
(1)
Circulation.
(a)
The design shall provide for pedestrian and vehicular traffic
movement within and adjacent to the site, with particular emphasis
on the provision and layout of parking areas; off-street loading and
unloading; and movement of people, goods and vehicles from access
roads within the site, between buildings and between buildings and
vehicles.[1]
(b)
The Planning Board shall ensure that all parking spaces are
usable and are safely and conveniently arranged. Access to the site
from adjacent roads shall be designed so as to interfere as little
as possible with traffic flow on these roads and to permit vehicles
a rapid and safe ingress and egress to the site.
(2)
Design and building layout. The design and layout of buildings and
parking areas shall be reviewed so as to provide an aesthetically
pleasing design and efficient arrangement. Particular attention shall
be given to safety and fire protection and impact on and from surrounding
development and contiguous and adjacent buildings and lands.
(3)
Lighting. Adequate lighting shall be provided to ensure safe movement
of persons and vehicles and for security purposes. Lighting standards
shall be a type approved by the Planning Board. Lights shall be arranged
so as to minimize glare and reflection on adjacent properties.
(4)
Buffering and landscaping.
(a)
Buffering. Buffering shall be located to minimize headlights,
noise, light from structures and the movement of people and vehicles
and to shield activities from adjacent properties when necessary.
Buffering may consist of fencing, berms, evergreens, shrubs, bushes,
deciduous trees, physical barriers or combinations thereof to achieve
the stated objectives.
(b)
Landscaping. Landscaping shall be provided as part of the overall
development design and integrated into building arrangements, topography,
parking and buffering requirements. Landscaping shall include trees,
bushes, shrubs, ground cover, perennials, annuals, plants, sculpture,
art and the use of building and paving materials in an imaginative
manner. Landscaping shall be maintained and the owner shall be responsible
for replacement of dead plants, trees or other landscaping items.
All developments except one- and two-family residential construction
shall have professionally designed and executed landscaping.
(c)
Buffering and landscaping guidelines in the C-3 Zone.
[1]
All buildings in the C-3 Zone, unless they can be demonstrated to exhibit architecturally significant facades, shall be buffered and landscaped in accordance with the provisions of this subsection and Subsection B(4)(a) and (b) of this section to provide an aesthetically pleasing and effective visual screen between residential and nonresidential uses. Portions of the buffer area may be lawned and landscaped to provide views of building facades with aesthetic architectural treatments.
[2]
All existing landscape features of significance, such as mature
hedgerows, buffer plantings and berms from previous developments,
shall be located on site surveys, including component species and
size, and shall be preserved or, if removed, shall be replaced with
buffer plantings of size and species to effect substantially the same
buffering effect in proposed buffer areas. A salvaged landscape feature
may be substituted in whole or part at the discretion of the Board
from which site plan approval is sought for required buffers in the
zone.
[3]
All structures requiring buffers to screen views from the street
or adjacent residential areas shall provide a buffer of a minimum
of 30 feet planted depth. Trees and shrubs shall provide a solid screen
effect when viewed from the residential area of the street. A variety
of plant material shall be used to create visual interest. Plant material
shall be sufficiently large at installation and planted in a proper
fashion to create an evergreen screen at least 10 feet in height within
three growing seasons. Trees shall be planted at a minimum of 2 1/2
inches in caliper. Evergreens shall be planted at a minimum of six
feet in height and shrubs shall be a minimum of two feet in height.
Trees shall be a continuous component of the buffer. All plantings
of shrubs shall be in double staggered rows, at a minimum.
[4]
No parking areas, loading areas, storage railroad spurs, buildings
or structures shall be located within the buffer area. Driveways may
be permitted in the buffer area only when they provide direct driveway
access from a street.
[5]
Stormwater management facilities, including detention and retention
facilities, may be located within a buffer area but shall not be located
within 40 feet from the boundary of a residential zone.
[6]
All loading docks in any C-3 Zone shall be located in the rear
of buildings and shall be fully screened from streets, adjacent properties
and all adjacent residential zones and uses.
[7]
Overhead wires, where they exist, shall be replaced with underground
wires. Typical highway streetlamps shall be replaced with approved
residential street luminaires. Missing, dead, disfigured or dying
street trees shall be replaced. No chain-link fencing shall be allowed
in the front yard. Alternatives, such as wrought iron, may be considered
at the discretion of the Planning Board.
(d)
A landscape plan prepared by a certified or licensed landscape
architect, building elevations and lighting and architectural plans
shall be submitted as part of all applications for development in
the C-3 Zone.
(e)
In any C-3 Zone District, it shall be the intent of the design
guidelines to encourage streetscapes of the highest quality. For any
such zone which abuts a residential zone, the C-3 development shall
be designed to be compatible with the character of the adjacent residential
area.
(5)
Signs. Signs shall be designed so as to be aesthetically pleasing
and harmonious with other signs on the site, located so as to achieve
their purpose without constituting hazards to vehicles and pedestrians
and shall comply with all applicable provisions of this chapter. There
should be a consistent sign design theme throughout a particular project,
neighborhood or area. The design theme should include style of lettering,
construction, material, type of pole or standard, size and lighting.
Color of letters and background should be carefully considered in
relation to the color or material of buildings where the signs are
proposed to be located.
(6)
Utilities. Storm drainage, including water retention and detention,
sanitary waste disposal, water supply and solid waste collection and
disposal, shall be reviewed and considered. Particular emphasis shall
be given to the adequacy of existing systems and the need for improvements,
both on site and off site, to adequately carry runoff and sewage and
to maintain an adequate supply of water at sufficient pressure.
(7)
Environmental considerations. Environmental elements relating to
soil erosion, preservation of trees, protection of watercourses and
resources, noise, topography, soil and animal life shall be reviewed,
and the design of the plan shall minimize any adverse impact on these
elements. The Planning Board shall make available any development
plan to the Environmental Commission for review and recommendations.
(8)
Street furniture. The site plan shall provide for those elements
of street or outdoor furniture appropriate to the particular use.
These may include phone booths, benches, bike racks, trash receptacles,
bus shelters, kiosks and similar uses.
(9)
Conformance with Master Plan or Official Map. If the Master Plan
or the Official Map provides for the reservation of designated streets,
public drainageways, flood control basins or public areas such as
parks, school sites, historic sites or similar lands within the proposed
development, such areas shall be shown on the plan in locations and
sizes suitable to their intended uses. The Planning Board may reserve
the locations and extent of such public areas in accordance with the
requirements of N.J.S.A. 40:55D-44.
A.
Streets
and appurtenances.
(1)
General. Proposed streets and extensions of existing streets shall
conform to Master Plan and Official Map recommendations. Those streets
not shown on the Master Plan or Official Map shall be designed and
located to facilitate orderly circulation patterns, assure access
by emergency vehicles and provide for future connections to adjoining
property.
(2)
Specific requirements for streets.
(a)
Minor streets shall be so designed as to discourage through
traffic.
(b)
Developments abutting primary or secondary arterial streets
shall, at the discretion of the Planning Board, provide reverse frontage
with a buffer strip or driveways with turnarounds.
(c)
Pavement widths.
[1]
The rights-of-way and pavement widths shall not be less than
the following:
|
Type of Street
|
Right-of-Way
(feet)
|
Pavement
(feet)
| |
|---|---|---|---|
|
Primary arterial
|
66
|
44
| |
|
Secondary arterial
|
60
|
40
| |
|
Local street
|
40 to 50
|
24 to 32
|
[2]
The right-of-way width for internal roads and alleys in multifamily,
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 public safety equipment.
(d)
No development showing reserve strips controlling access to
streets shall be approved except where such strips have been deeded
to the Township.
(e)
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%.
(f)
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 with a curve having a radius of
not less than 20 feet.
(g)
Street jogs with center-line offsets of less than 125 feet shall
be prohibited.
(h)
A tangent at least 100 feet long shall be introduced between
reverse curves on arterial and collector streets.
(i)
When connecting street lines deflect from each other at any
one point by more than 10° and not more than 45°, they shall
be connected by a curve with a radius of not less than 100 feet for
minor streets and 300 feet for arterial and collector streets.
(j)
All changes in grade shall be connected by vertical curves of
sufficient radius to provide a smooth transition and proper sight
distance.
(k)
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 40
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 made for future extension of the
street and reversion of the excess right-of-way to the adjoining properties.
(l)
No street shall have a name which will duplicate, or so nearly
duplicate as to be confused with, the name of an existing street.
The continuation of an existing street shall have the same name. New
streets shall be named by the governing body.
(m)
Developments that include existing streets which do not conform
to pavement and/or right-of-way widths as shown on the Master Plan,
Official Map or as required by this article shall provide for the
dedication, and improvement to Township specifications, of the additional
width. If the development adjoins one side of an existing street which
does not meet Township standards, only 1/2 of the required extra width
shall be dedicated and improved to Township specifications.
(n)
Service features, garages, parking areas and entrances to dwelling
units shall, where possible, be located on a side of the individual
lot having access to a local street. Walkways should be designed to
connect dwelling units with each other and connect each dwelling unit
with common open space.
(3)
Specific requirements for appurtenances.
(a)
Street signs. The location of all street signs shall be approved
by the Planning Board.
(b)
Sidewalks. Sidewalks shall be concrete and required on all streets
and shall have a minimum width of four feet and meet Township standards,
except that sidewalks in the Special Improvement District, as defined
in Ordinance No. 85-64,[1] shall be brick pavers, required on all streets and shall
have a minimum width of four feet and meet Township standards.
(c)
Traffic signs and control devices. These improvements, such
as stop, yield, 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.
(d)
Guardrails. These 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.
(f)
Streetlights. 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 300 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.
(g)
Street trees. Street trees shall be required in all residential
and nonresidential zones. Shade trees shall not be more than 40 feet
apart and located between the setback line and street right-of-way
line if possible, including the side street of corner lots, and not
closer than 25 feet to any existing or proposed streetlight or street
intersection. The trees shall be planted so as not to interfere with
utilities, roadways or sidewalks. Trees shall be nursery-grown stock
of not less than three-inch caliper, measured one foot from the root
system, with branches commencing not less than eight feet above grade
when planted and staked in an approved manner. The property owner
shall be responsible for the maintenance of all shade trees. The Township
Engineer may waive the exact specifications to meet specific situations
and requirements.
(h)
Buffers, fences and walls. Buffers, fences and/or walls may
be required where existing or potential nuisances such as noise, aesthetics,
air pollution or safety may adversely affect the environment of the
development and surrounding areas.
(i)
Landscaping. All open areas not utilized for parking areas,
driveways, streets or roads, recreational facilities, patios or terraces
shall be provided with lawns or other suitable growing ground cover,
trees and shrubs. Continuous evergreen screening may be required along
the tract boundary line, such screening to be no less than four feet
high when planted. In addition, the Planning Board may, if conditions
warrant, require supplemental screening by a solid fence up to six
feet in height. Shade trees shall be provided along walks, driveways,
parking areas, streets and roads. Screening or buffers, consisting
of berms, fencing and/or landscaping, may be required around recreation,
parking, utility and refuse disposal areas and around other similar
areas at the discretion of the Planning Board. All landscaping shall
be maintained in good condition and shall be replaced where necessary.
Where yards, patios and gardens in multifamily developments are shielded
with masonry walls, such walls shall conform architecturally to and
be of similar materials as the principal buildings in the development.
B.
Blocks. Block length and width or acreage within bounding roads shall be such as to accommodate the size of the lot required in the area by Article V, Zoning, of this chapter and to provide for convenient access, circulation, safety and the extension of utilities. Blocks of over 1,000 feet in length may be required to have pedestrian easements near the center.
C.
Lots.
(1)
Suitability. Where there is a question of the suitability of a lot
or lots for their intended use due to factors such as rock formations,
flood conditions, high water table, sewage disposal, excessive grade,
configuration or similar circumstances, the Board may, after adequate
investigation and with professional assistance if deemed necessary,
withhold approval of such lots.
(2)
Side lines. Insofar as is practical, side lot lines shall be at right
angles to the street and radial to curved streets.
(3)
Frontage. Each lot shall front upon an approved and improved street.
(4)
Setbacks. All lot measurements and setbacks shall be measured from
any proposed street right-of-way as may be set forth in the Master
Plan and/or Official Map.
D.
Conservation
easements. Where a development is traversed or bordered by a watercourse,
drainageway, channel or stream or where it is desirable to preserve
other areas within a development because of soil conditions, rock
outcroppings, tree masses, wildlife habitat, vistas or other significant
horticultural, environmental or natural features, there shall be provided
a drainage and/or conservation easement of sufficient area and width
to protect and preserve the aforementioned features and such further
width or construction, or both, as will be adequate or required to
achieve said purposes. Such easements shall carry the following limitations:
(1)
No trees or shrubs shall be removed or destroyed on lands in the
easement except in accordance with approved forest management practices.
(2)
No structures of any description shall be erected unless permitted
by the Board.
(3)
No fill or excavation of any kind shall be permitted, except as may
be permitted by the Board.
E.
Erosion and sediment control. Measures used to control erosion and reduce sedimentation shall be approved by the Somerset-Union County Soil Conservation District. All requirements of Chapter 225, Flood Damage Prevention, and Chapter 364, Stormwater Management, of this Code shall apply to all developments.
F.
Utilities
and facilities.
(1)
Underground utilities.
(a)
In all developments all utility distribution services shall
be installed underground. The applicant shall arrange with the serving
utility for the underground installation of the utilities' distribution
supply lines, in accordance with the provisions of the applicable
standard terms and conditions incorporated as a part of its tariff,
as the same are then on file with the State of New Jersey Board of
Public Utilities Commissioners, and shall submit to the Board, prior
to the granting of final approval, a written instrument from each
serving utility which shall evidence full compliance with the provisions
of this subsection; except, however, that lots which abut existing
streets where overhead electric or telephone distribution supply lines
have heretofore been installed on any portion of the street involved
may be supplied with electric and telephone service from those overhead
lines, but the service connections from the utilities' overhead lines
shall be installed underground. All underground utility work which
will be under the pavement of the street shall be laid sufficiently
in advance to allow for complete settlement of the trenches, and in
no event shall construction work be permitted over such excavation
which, in the opinion of the Township Engineer, has not properly settled.
(b)
In any particular situation where the applicant can clearly
demonstrate that, because of unusual topographic conditions or other
unusual conditions having to do with the land, the installation of
such utilities underground is impracticable or otherwise not feasible
due to such condition, then the Planning Board, in its discretion,
may waive this requirement for underground installation.
(2)
Refuse storage. Refuse storage areas shall be so designed as to minimize
any detrimental effect on the character of any development.
(3)
Laundry facilities. In multifamily developments, adequate laundry
equipment, including washers and dryers, shall be provided and conveniently
located for the sole use of occupants. Drying yards shall be prohibited.
(4)
Television reception. Facilities for television reception shall be
built into all multifamily developments. Individual roof antennas
of any kind shall not be permitted.
(5)
Swimming pools. A single swimming pool may be provided as an accessory use for the sole use of occupants on the same site as any multifamily development. Said pool shall comply in all respects with Chapter 374, Swimming Pools, of this Code, except that a pool and any other recreation facilities shall set back not less than 20 feet from any property line, and further provided that such facilities shall not be permitted in any required front yard.
(6)
Design of facilities. In multifamily developments, accessory buildings
and facilities shall be designed to harmonize with the overall character
of the development and shall meet the setback requirements set forth
herein.
(7)
Storage. Adequate provision for the storage of such items as yard
and garden equipment, fireplace wood, etc., shall be provided in all
multifamily developments.
G.
Circulation,
driveways, parking and loading and unloading requirements.
(1)
Driveway design standards.
(a)
Curb openings. Driveways shall be designed to adequately accommodate
the volume and character of anticipated vehicles. The following criteria
shall be utilized in determining the length of the depressed curb
segment:[3]
|
One-Way Operation
|
Two-Way Operation
| |||
|---|---|---|---|---|
|
Curbline Opening
(feet)
|
Driveway Width
(feet)
|
Curbline Opening
(feet)
|
Driveway Width
(feet)
| |
|
Structures up to 10 families
|
12 to 15
|
10 to 13
|
12 to 30
|
10 to 26
|
|
11 families or over
|
12 to 30
|
10 to 26
|
24 to 36
|
20 to 30
|
|
Commercial and industrial
|
15 to 36
|
12 to 34
|
28 to 50
|
24 to 46
|
|
Service stations
|
15 to 36
|
12 to 34
|
24 to 36
|
20 to 34
|
(b)
Minimum sight distances. Any driveway providing access to a
public or private street shall be designed, graded and located so
as to permit the following minimum sight distances, measured in each
direction, along the intersecting street. Measurement shall be made
from the driver's seat of a passenger automobile standing on the exit
driveway with the front of the vehicle a minimum of 10 feet behind
the edge of the street pavement.
|
Maximum Allowable Speed on Road
(miles per hour)
|
Minimum Required Sight Distance
(feet)
|
|---|---|
|
25
|
150
|
|
30
|
200
|
|
35
|
250
|
|
40
|
300
|
|
45
|
350
|
|
50
|
400
|
(c)
Minimum distances between driveways. Where two or more driveways
connect a single site to any public or private road or individual
driveways serve separate and adjoining sites, it is recommended that
a minimum clear distance of 50 feet measured along the right-of-way
line shall separate the closest of any two such driveways measured
from the rights-of-way. A maximum of two driveways is recommended
for any single site of a frontage of 300 feet or less.
(d)
Minimum distance to property line or intersecting street. Driveways
for other than one- and two-family homes shall not be located closer
than five feet to a side or rear property line or 50 feet to the closest
right-of-way line of an intersecting street.
(e)
Maximum grades. Driveways shall not have a grade in excess of
10% over the entire length or more than 2% for the first 25 feet from
the street right-of-way line unless otherwise approved by the Board.
Driveway aprons shall be of concrete and shall not be located where
visibility is limited because of curves, topography or other features.
(f)
Driveway clearance. Any vertical curve on a driveway connecting
a street with a parking lot or area shall be designed to prevent contact
of the vehicular undercarriage with the pavement.
(g)
Prohibited access in residential zones. No driveway shall be
located in any residential zone to provide access to uses other than
those permitted in such residential zone.
(2)
Acceleration and deceleration lanes.
(a)
The Board, in its discretion, may require roadway widening or
other street improvements, including acceleration and deceleration
lanes, to assure safe ingress and egress where minimum sight distances
cannot be obtained. The following minimum standards are recommended:
|
Acceleration Lanes
|
Deceleration Lanes
| |||
|---|---|---|---|---|
|
Legal Speed Limit
(miles per hour)
|
Full Length
(feet)
|
Taper
(feet)
|
Full Length
(feet)
|
Taper
(feet)
|
|
25 to 39
|
200
|
150
|
150
|
200
|
|
40 to 49
|
350
|
200
|
200
|
250
|
|
50 or more
|
450
|
250
|
250
|
300
|
(b)
The area behind the taper shall be cleared of all obstructions
for an appropriate distance from the center line of the road to eliminate
any hazardous conditions.
(3)
Minimum setbacks and area requirements for parking areas.
(a)
Location of parking. No required off-street parking area shall
be located in a minimum required setback as set forth in the minimum
setbacks for parking areas found below, except for driveways used
solely for access to parking areas. Driveways for one- and two-family
residences are exempt from providing a driveway setback, except new
construction driveways in locations where a driveway previously did
not exist. All currently existing driveways as of the date of the
passing of this chapter are considered preexisting, nonconformities
that are permitted to be repaved, however the repaving cannot result
in a nonconforming driveway setback becoming less conforming.
[Amended 9-11-2018 by Ord. No. 2018-14]
|
Zone
|
From Street Right-of-Way
|
From Side or Rear Property Line
(feet)
|
From Accessory or Principal Building
(feet)
|
From a Residential Zone Boundary
(feet)
|
|---|---|---|---|---|
|
R-1
|
Required building setback
|
3
|
0
|
0
|
|
R-2
|
Required building setback
|
3
|
0
|
0
|
|
R-3
|
Required building setback
|
3
|
0
|
0
|
|
R-4
|
Required building setback
|
3
|
0
|
0
|
|
R-5
|
Required building setback
|
3
|
0
|
0
|
|
R-6
|
Required building setback
|
10
|
0
|
10
|
|
R-7
|
Required building setback
|
10
|
20
|
10
|
|
R-8
|
Required building setback
|
10
|
20
|
10
|
|
R-SC-1
|
Minimum building setback
|
10
|
20
|
10
|
|
D-C
|
Required building setback
|
0
|
5
|
25
|
|
D-T
|
Required building setback
|
0
|
5
|
25
|
|
VC
|
Required building setback
|
0
|
5
|
25
|
|
NC
|
Required building setback
|
0
|
5
|
25
|
|
O-1
|
50 feet or required building setback (whichever is greater)
|
10
|
5
|
100
|
|
O-2
|
20 feet
|
5
|
5
|
10
|
|
ORC
|
Behind the front building face
|
5
|
5
|
10
|
|
C-1*
|
Required building setback
|
5
|
5
|
25
|
|
C-2
|
Required building setback
|
5
|
5
|
10
|
|
C-3
|
Required building setback
|
5
|
5
|
10
|
|
E-1
|
Required building setback
|
25
|
5
|
140
|
|
Institutional and public uses in all zones
|
Required building setback
|
20
|
20
|
20
|
|
Notes:
| |
|---|---|
|
*
|
On corner or through lots, the setback for other than the front
street right-of-way shall be not less than 10 feet.
|
[1]
Each off-street parking space shall have a usable area of not
less than 180 square feet, exclusive of access drives or aisles, and
shall measure not less than 10 feet in width and 18 feet in length
and shall be of usable shape and condition. End-to-end parking spaces
shall measure not less than eight feet in width and 23 feet in length.
Not more than 2 1/2 feet of any stall length may be provided
in an overhang area, provided that curbing and wheel bumpers are provided.[4]
[2]
Residential garages shall have a minimum interior width of 10
feet and a minimum interior depth of 20 feet.
[3]
The number and dimensions of parking spaces for the handicapped
shall meet the requirements set forth in State Department of the Treasury,
Division of Buildings and Construction, Barrier-Free Design Regulations
17:19A-4.4.[5]
[5]
Editor’s Note: Former Subsection G(3)(a)[4], regarding
minimum distance from side and rear lot lines, which immediately followed,
was repealed 9-11-2018 by Ord. No. 2018-14.
(4)
Size 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 Angle
|
Aisle Width
(feet)
|
|---|---|
|
0° (end-to-end parking)
|
12
|
|
30°
|
12
|
|
45°
|
13
|
|
60°
|
18
|
|
90° (perpendicular parking)
|
24
|
(5)
Maximum grades in parking areas. The maximum grades in parking areas
shall be as follows:
|
Maximum Grade
| |
|---|---|
|
Parking spaces and service aisles
|
5%
|
|
Main approach walkways to buildings
|
4%
|
|
Collector or other service walkways
|
6%
|
|
Swales
|
10%
|
|
Principal circulation aisles
|
6%
|
|
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%
|
(6)
Off-street parking in nonresidential zones. All off-street parking
areas in nonresidential zones shall be used solely for the parking
of light vehicles and commercial light vehicles belonging to visitors
or occupants of the premises, with the following exceptions:
[Amended 9-27-2016 by Ord. No. 2016-23]
(7)
Sidewalks in parking areas. Sidewalks may 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 six inches or more above the
parking area except when crossing streets or driveways. Guardrails
and wheel stops permanently anchored to the ground shall be provided
in appropriate locations. Parked vehicles shall not overhang or extend
over sidewalk areas unless an additional sidewalk width of 2 1/2
feet is provided to accommodate such overhang.
(8)
Landscaping, paving and drainage for parking areas.
(a)
Not less than 10% of the area of each parking area shall be
suitably landscaped to minimize noise, glare and other nuisance characteristics
as well as to enhance the aesthetics, environment and ecology of the
site and surrounding area. Waived required parking areas which are
landscaped shall not be included in the required 10%.
(b)
Off-street parking areas shall be effectively screened by a
berm, fence or wall not less than four feet in height, maintained
in good condition, or a screening hedge or other natural landscaping.
The screening as required by this subsection may be waived by the
Board if, in its judgment, because of topographic or other unusual
conditions, said screening is not necessary to protect adjoining property.
(c)
Parking lots shall be planted with trees at a rate of one tree
per 12 spaces. Parking shall not extend more than 12 spaces without
a tree island break.
(d)
Whenever an off-street parking area exceeds 100 spaces, the
area shall be divided into four sections with each section being separated
by a curbed divided strip, a minimum of 15 feet wide, landscaped with
canopy trees as provided in such divider strip to provide adequate
and safe lighting for the site. Such divider strip shall also be designed
with a pedestrian route similar to a sidewalk which will provide safe
access from the off-street parking area to the principal buildings
on the site.
(e)
At time of parking lot construction and planter installation,
all planter islands shall be excavated to the full width of the parking
planter island and through the full depth of compacted subgrade to
remove all compacted material, or other material harmful to plant
health, and backfilled with clean planting fill.
(f)
Pedestrian walkways shall be landscaped with additional shade
or ornamental trees equal to an average of one shade tree per 50 linear
feet of walkway, unless the walkway is adjacent to or included within
an existing compliant buffer or frontage planting. One shade tree
shall be planted for each 200 square feet of separate additional landscaped
area.
(g)
Parking areas, loading areas and driveways shall be curbed with
granite block. One- and two-family residences are exempt from this
requirement.
[Amended 9-11-2018 by Ord. No. 2018-14]
(h)
Driveways and parking areas for one- and two-family residences
shall be paved from the driveway apron to the front building setback
line, but not directly in front of the principal structure, except
circular driveways constructed to the standards herein. The remainder
shall be improved either with paving or with washed gravel or stone
not exceeding 3/4 inch. The maximum permitted width of such driveways
shall be 10 feet or 1/3 the lot width, whichever is greater, but in
no case shall the width of any driveway exceed 26 feet. Circular driveways
shall not exceed 15 feet in width. Parking shall only be permitted
on a driveway or an improved parking area.
[Amended 9-11-2018 by Ord. No. 2018-14]
(9)
Lighting in parking areas. All parking areas shall be lighted to
provide a minimum of 1 1/2 footcandles throughout the parking
area. The lighting level at any property line shall not exceed the
minimum. Such lighting shall be shielded and shall not be a hazard
or nuisance to the adjoining properties or the traveling public. Light
fixtures shall not be higher than 16 feet above grade.
(10)
Markings and access. Parking spaces, driveways and aisles shall
be clearly marked with directional signs and double space markings.
The Board may require certain areas to be maintained for firefighting
or other emergency purposes, and these areas shall be appropriately
designated.[6]
[6]
Editor's Note: Original § 136-23.7(11), Waiver of
parking requirements, which immediately followed this subsection,
was repealed 9-27-2016 by Ord. No. 2016-23.
(11)
Off-street loading and unloading.
(a)
In any zone, in connection with every building or building group
or part thereof hereafter erected which is to be occupied by public,
semipublic, office, laboratory or commercial uses, there shall be
provided and maintained on the same lot with such building, in addition
to any required vehicular parking, at least one off-street loading
and unloading space. For each industrial or warehouse use, there shall
be provided at least one such space for each 15,000 square feet of
net floor area, unless waived by the Board because of the nature of
the proposed use.
(b)
Each such space shall be not less than 12 feet in width, 50
feet in length and 14 feet in height and shall not occupy any part
of any required front or side yard; provided, however, that on lots
on which the side yard abuts a limited access highway or a railroad,
such loading space may occupy the side yard.
(c)
Loading and unloading areas may be used only for the parking
of trucks and/or trailers used solely to service the facility where
located.
(d)
A sign stating that all truck engines shall be turned off upon
parking shall be prominently posted in all loading and unloading areas.
(12)
Bicycle racks. Bicycle racks shall be provided for all multifamily
and nonresidential developments at the ratio of one bicycle space
for each dwelling unit and one bicycle space for each 50 off-street
parking spaces. At a minimum, bicycle parking for at least three bicycles
shall be provided.
(13)
Structured parking. The facades of structured parking shall
be disguised facing public streets, public parking lots, plazas, and
other locations that are highly visible from the public right-of-way
using all of the following components:
(a)
Design of parking facades shall be integrated into the design
of the building and shall be architecturally integrated with the building
facade both horizontally and vertically. Parking facades shall be
broken into structural bays, following the bay pattern of the building.
(b)
The same type and quality of materials used elsewhere in comparable
portions of building facades shall be employed for parking area facades.
(c)
All garage areas shall include regular window-type openings.
The openings shall either appear as larger "storefront" windows or
mimic the upper-floor window typology of the buildings in which they
are located. Garage facade openings shall be designed to shield possible
vehicle headlamp glare and leakage to adjacent streets, driveways,
or residential units by means of translucent glass, spandrel glass,
or planted trellises.
(d)
Translucent glazing and/or trellises with plantings shall be
used to add visual interest to parking garage window openings. Trellises
should provide a variety of textures, colors, and species; the plantings
should remain green at all seasons of the year. Decorative window
grilles are encouraged as well.
(e)
Where structured parking is located adjacent to a street at
the ground floor or a public parking lot, a planter or a planting
bed shall be provided next to the building facade, with minimum depth
of three feet measured perpendicular to the facade, to soften the
parking visibility.
H.
Building
facades facing the street.
(1)
Applicability.
(a)
All nonresidential buildings in the D-C, D-B, D-T, VC and NC
Districts, whether newly constructed or substantially improved, shall
comply with the regulations in this subsection.
(b)
The project architect will be responsible for providing sufficient
drawings, calculations and general notes to specifically identify
how the proposed building complies with the regulations set forth
below.
(c)
The word "facade" as used in this Subsection H refers to the building wall facing the street. In most instances, this will only be the front wall. In the case of a corner building, the regulations apply to both building walls facing the street.
(d)
Dwellings in Floodplain Overlay District are only subject to provisions of § 255-26H(3) below.
(2)
Regulations.
(b)
Articulation. Variation in the surface is to be achieved with
a combination of some or all of the following features: bay windows,
balconies, stoops and vertical and/or horizontal demarcations as stipulated
below:
[2]
Horizontal demarcations shall be required for any building taller
than three stories. A horizontal demarcation may be achieved by such
elements as a cornice line, a course of brick or stone which projects
or is differently colored or differently laid, or a floor (such as
the ground floor) which has a different material from the main facade.
(c)
Fenestration.
[1]
All windows shall be inset in the masonry opening a minimum
of three inches and shall be operable (i.e., ribbon windows and extensive
glazing such as curtain wall construction shall not be permitted).
[2]
The pattern or rhythm of fenestration shall be similar to that
of the buildings on the balance of the same or opposite block face
to the greatest extent possible.
[3]
Glazing shall represent at least 40% of the total facade area.
I.
Building
surfaces other than street facades.
(1)
Application.
(a)
All nonresidential buildings in the D-C, D-B, D-T, VC and NC
Districts, whether newly constructed or substantially improved, shall
comply with the regulations in this subsection.
(b)
The project architect will be responsible for providing sufficient
drawings, calculations and general notes to specifically identify
how the proposed building complies with the regulations set forth
below.
(3)
Articulation. Horizontal demarcations shall be required for any building
taller than three stories. A horizontal demarcation may be achieved
by such elements as a cornice line, a course of brick or stone which
projects or is differently colored or differently laid, or a floor
(such as the ground floor) which has a different material from the
main facade.
K.
Fences
or walls. Fences or walls in excess of 18 inches in height shall be
considered as accessory uses to a principal permitted use and are
permitted in accordance with the standards set forth below:
(1)
Type of fence or wall.
|
Degree of Openness
| |||
|---|---|---|---|
|
Solid
(50% or more solid)
|
Semi-Open
(25% up to 50%)
|
Open
(up to 25%)
| |
|
Solid picket board
|
1 x 2 wood screen
|
Split rail contemporary
| |
|
Board and batten louver panel
|
Contemporary picket
|
Rail wire mesh
| |
|
Staggered board panel 1 x 4 wood screen
|
Cinder or concrete block laid on side
|
Rail and wire mesh
| |
|
Brick
| |||
|
Note: "Openness" is defined as the total area of solid elements
divided by the total area of the fence. Translucent, transparent or
clear plastic or similar materials shall be considered as solid elements.
|
(2)
Maximum height and location.
|
Yard Type
|
Maximum Fence Height1, 2, 3
(feet)
|
Permitted Fence
| |
|---|---|---|---|
|
Front
|
4
|
Up to 50% solid
| |
|
Side
|
6
|
Up to 100% solid
| |
|
Rear
|
6
|
Up to 100% solid
|
|
Notes:
| ||
|---|---|---|
|
1
|
On corner lots, fences over four feet in height shall be set
back from any street right-of-way line a distance which is not less
than the setback distance of the principal building on the lot.
| |
|
2
|
Fences running along the rear lot line of properties fronting
on one street, which lot line forms the side lot line of a property
fronting along another street, shall not exceed four feet in height
between the street right-of-way line and a distance which is not less
than the setback distance of the principal building on the abutting
lot.
| |
|
3
|
Where a property abuts an unimproved street, also known as a
"paper street," and but for the unimproved street the yard abutting
said street would be a rear yard, fences up to six feet in height
are permitted so long as said street remains unimproved. Once said
street is improved, then the fence would have to be reduced in height
to conform to the front or side yard requirements of this subsection.
| |
(3)
General regulations for fences and walls.
(a)
No fence or wall shall be so constructed or installed as to
constitute a hazard to traffic or safety.
(b)
Open security fences up to eight feet high shall be permitted
in any industrial zone upon proper application to the Construction
Official.
(c)
Hedges and other landscaping shall be exempt from the height limitations of this subsection but shall not be located so as to conflict with Subsection K(3)(a) above.
(d)
All fences shall be erected within the property lines with the
finished (preferred or decorative) side of all fences or walls facing
the street or adjoining property (facing away from the lot on which
it is erected). All posts used in connection with the fence or wall
shall be on the side of the fence or wall most interior to the property
on which it is to be erected. No fence or wall shall be erected so
as to encroach upon a public right-of-way.
(e)
No fence or wall shall be constructed with barbed wire, metal
spikes or other such dangerous material or constructed in such a manner
as to be dangerous to animals or humans.
(f)
Split-rail fences used at property corners as part of a general
landscaping or decorative plan shall be exempt from the provisions
of this subsection.
(g)
Plans for fences in flood-fringe areas that otherwise meet the
requirements of this subsection shall be approved only by the Township
Engineer prior to the issuance of a building permit.
(h)
Chain-link and board-on-board fences shall not be permitted
in any front yard.
L.
Look-alike
provisions.
(1)
No dwelling shall hereafter be erected or constructed in the R-1
through R-5 Residential Zones which shall be like or substantially
like any existing or proposed neighboring dwelling in more than three
of the following six building elements:
(a)
Height of the main roof ridge above the elevation of the first
floor.
(b)
Length of the main roof ridge.
(c)
Width between outside walls at the ends of the dwelling under
the main roof.
(d)
In the front elevation, relative location with respect to each
other of garage, if attached, porch, if any, and the remainder of
the dwelling.
(e)
In the front elevation, relative location of windows.
(f)
In the front elevation, materials used in the exterior wall
of the dwelling.
(2)
Minimum changes required.
(b)
For Subsection L(1)(e) above, dwellings shall be deemed to be like each other in any dimension with respect to which the difference between them is not more than two feet.
(c)
For Subsection L(1)(f) above, dwellings shall be deemed to be like each other if the difference between materials used is not more than 30% of the wall area.
(d)
Dwellings between which the only difference in relative location
of elements is an end-to-end or side-to-side reversal of elements
shall be deemed to be like each other in relative location of such
elements.
M.
Awnings.[8]
(1)
General. Awnings shall not be affixed to any building except in the
D-C, D-T, VC and D-B Business Zones.
(2)
Awnings shall be permitted to extend not more than four feet beyond
the facade of the structure to which the awning is attached. Awnings
shall not be permitted to overhang the Township's right-of-way without
express consent of the Township Committee.
(3)
No form of physical attachment to the ground in the right-of-way
shall be permitted. This includes posts, columns and other support
structures.
(4)
All nonfolding awnings shall be permanently affixed to the building
facade. No separate structural support members such as guy wires,
posts or gussets shall be visible from the right-of-way.
(5)
All awnings shall provide for an unobstructed area of not less than
seven feet in height between the lowest part of the awning and the
ground level.
(6)
Awnings which incorporate logos, emblems, words or other such informational
symbols shall also meet any and all applicable sign regulations.
(7)
All awnings shall be thoroughly and rigidly secured and shall be
repaired and maintained as necessary to keep them secure, safe and
free from causing any danger or damage to persons or property.
(8)
No awning shall be erected or maintained so as to obstruct access
to any fire escape, window, door, or vehicular or pedestrian traffic
on any public or quasi-public right-of-way.
(9)
"Waterfall" or "bubble" (convex shape) awnings are not permitted.
(10)
No awning shall be backlit.
(11)
The outer decorative skin of all awnings shall be of canvas
or canvas-type material, acrylic, acrylic-coated polyester cotton
or polyester cotton. No other material, such as vinyl or metal, is
permitted.
N.
Tree replacement.
(1)
PROTECTED TREE
TREE
The following terms shall have the following meanings as used in
this subsection:
Any woody perennial plant with a trunk exceeding 18 inches
in diameter (56.52 inches in circumference) measured at a point 4.0
feet above the ground level on the downhill side of such tree.
Any woody perennial plant with a main stem or trunk exceeding
five inches in diameter (16 inches in circumference) measured at a
point 4.0 feet above the ground level on the downhill side of such
tree.
(2)
A tree replacement plan shall be submitted with each application for development in which trees are proposed to be removed or have been removed as provided in § 255-24D(19). On-site replacement trees shall be provided for all trees removed, in accordance with the following table:
|
Diameter of Existing Tree
(inches)
|
Number of Replacement Trees
(minimum of 3 inches dbh)
| |
|---|---|---|
|
Less than 6
|
1
| |
|
Greater than or equal to 6 and less than 12
|
3
| |
|
Greater than or equal to 12 and less than 18
|
4
| |
|
Greater than or equal to 18 and less than 24
|
5
| |
|
Greater than or equal to 24 and less than 30
|
7
| |
|
Greater than or equal to 30 and less than 36
|
10
| |
|
Greater than or equal to 36
|
The equivalent of 3-inch-diameter trees or greater needed to
equal the diameter of the removed tree
|
(3)
If the site cannot accommodate the number of trees hereby required
as replacement, the developer shall be required to contribute to a
special fund, to be known as the "Tree Planting and Preservation Fund,"
in the sum of $500 per tree; provided, however, that if a tree to
be removed is a protected tree, the amount of the contribution shall
be determined by the Superintendent of Public Works. Such determination
shall be based upon the value of the tree, calculated by the methodology
adopted in the Township of Cranford's Community Forestry Management
Plan. The Tree Planting and Preservation Fund shall be used by the
Township for the planting of trees in the Township with the goal of
replacing trees removed. The fund shall be administered by the Township
Treasurer and Township Administrator with advice from the Superintendent
of Public Works.
A.
General applications.
(1)
As a condition of approval and the continuance of any use, occupancy
of any structure and operation of any process or equipment, the applicant
shall certify compliance with the performance standards contained
herein. Permits and certificates required by other government agencies
shall be submitted to the Board as proof of compliance with applicable
codes.
(2)
For use variances which must meet these performance standards, the
Zoning Board of Adjustment shall not issue a permit for any use, structure,
process or equipment until it receives certification from the applicant
regarding compliance with the performance standards established herein.
(3)
The regulations contained in this section shall not apply to one-
and two-family dwellings but shall apply to any home occupations contained
in them.
(4)
All the requirements of this section shall be items covered in the
developer's agreement.
(5)
The standards set forth in this section shall be considered minimum
standards. If standards established by the State of New Jersey or
other agencies having jurisdiction over the nuisance elements require
a higher standard, then the higher standard shall apply.
B.
Temporary certificates of occupancy.
(1)
In the event that a determination cannot be made at the time of application
that a proposed use, process or equipment will meet the standards
established in this section, the Board may recommend issuance of a
temporary certificate of occupancy. The temporary certificate of occupancy
shall be based on submission of evidence that the proposed use, process
or equipment will meet the standards established herein after completion
or installation and operation.
(2)
Within 60 days after a temporary certificate of occupancy is granted,
satisfactory evidence shall be submitted to the Construction Official
that all standards established by this section have been met. Upon
such submission, a final certificate of occupancy shall be issued.
C.
Regulation of nuisance elements.
(1)
The determination of the existence of nuisance elements shall be
made at the following locations:
|
Nuisance Characteristics
|
Location of Test
| |
|---|---|---|
|
Smoke
|
Vent or smokestack
| |
|
Solid particles or fly ash
|
Vent or smokestack
| |
|
Odors
|
Property line
| |
|
Liquid waste
|
Property line
| |
|
Solid waste
|
Property line
| |
|
Radiation
|
Vent or smokestack
| |
|
Noise
|
Setback line
| |
|
Vibration
|
Building wall
| |
|
Glare
|
Property line
| |
|
Temperature change:
| ||
|
Gas
|
Vent or smokestack
| |
|
Liquid or solid
|
Property line
|
(2)
Continued compliance with the performance standards stated herein
shall be a requirement for the continued occupancy of any structure
or the operation of any process or equipment.
D.
Standards to be enforced.
(1)
Air pollution.
(a)
General. No substance shall be emitted into the atmosphere in
quantities which are injurious to human, plant or animal life or to
property or which will interfere unreasonably with the comfortable
enjoyment of life and property anywhere in the Township. All provisions
of Title 7, Chapter 27, of the New Jersey Administrative Code or the
regulations contained in this section, whichever shall be more stringent,
shall apply.
(b)
Smoke. In any nonresidential zone, no smoke, the shade or appearance
of which is darker than No. 1 on the Ringelmann Smoke Chart, shall
be emitted into the open air from any fuel-burning equipment; provided,
however, that smoke emitted during the cleaning of a fire box or the
building of a new fire, the shade or appearance of which is not darker
than No. 2 on the Ringelmann Smoke Chart, may be permitted for a period
or periods aggregating no more than three minutes in any 15 consecutive
minutes. Smoke emissions from the combustion of fuel and mobile sources
and from stationary internal combustion engines shall not exceed the
limits set forth in N.J.A.C. 7:27.
(c)
Solid particles and fly ash.
[1]
In any zone, no discharge of solid particles through a stack,
duct or vent shall be permitted that is greater than 50% of the allowable
emissions established by N.J.A.C. 7:27.
[2]
No open burning shall be permitted in any zone.
[3]
All incinerators shall be approved by the State Department of
Environmental Protection.
[4]
Any road, parking area, driveway, truck loading or unloading
station or any other exterior area having a substantial movement of
vehicles or equipment shall be paved or otherwise stabilized during
construction sufficient to prevent the generation of dust from the
movement of such vehicles or equipment.
(d)
Odors. In any zone, no odorous material may be emitted into
the atmosphere in quantities sufficient to be detected.
(2)
Wastes.
(a)
Liquid wastes. No liquid waste shall be discharged into any
watercourse in the Township. If the applicant proposes to construct
facilities for the treatment of waste, he shall supply:
[1]
A statement by the New Jersey Department of Environmental Protection
that such proposed facilities are in compliance with applicable state
laws and regulations.
[2]
Approval by the appropriate officials of the installation of
such facilities. No liquid waste shall be discharged into the public
sewage collection and disposal system unless the appropriate Township
or Rahway Valley Sewerage Authority official shall have first investigated
the character and volume of such wastes and shall have certified that
it will accept the discharge of such waste material into the system.
The applicant shall comply with any requirements of said officials,
including the pretreating of such wastes, the installation of processing
methods, separation or screening of wastes, control of pH and other
methods of improving such wastes prior to discharge, as a condition
of approval of such facilities.
(b)
Solid waste. Each property owner shall be responsible for:
[1]
Adequate and regular collection and removal of all refuse except
where the Township assumes such responsibility.
[2]
Compliance with all applicable provisions of the New Jersey
Department of Environmental Protection.
[3]
Compliance with all provisions of Title 7, Chapter 26, or the New Jersey Administrative Code, where applicable.
[4]
No accumulation on the property of any junk or other objectionable
materials.
(3)
Radiation. All use of materials, equipment or facilities which are
or may be sources of radiation shall comply with all controls, standards
and requirements of the Atomic Energy Act of 1954, as amended, and
Title 7, Chapter 28, of the New Jersey Administrative Code, whichever
shall be more stringent.
(4)
Noise.
(a)
The purpose of this subsection is to ensure that the environmental
character of the area surrounding the proposed use, with respect to
noise, shall not be altered. The standards established herein shall
be interpreted in any specific case with this objective in mind.
(b)
Measurements shall be made by a competent acoustical engineer
using equipment meeting the United States of America Standards Institute
Standard S 1.4 - 1961 or the latest revision thereof and S 2.22 or
the latest revision. All measurements shall be made in at least eight
frequency bands.
(c)
Ambient noise levels shall be made for periods of at least one
hour and on three separate occasions during the period when the proposed
use shall be operated.
(d)
The permitted noise level of the proposed use, measured at the
measuring location, shall not exceed the ambient noise levels in each
frequency band.
(e)
Parked trucks and those loading or unloading shall be required
to turn off all engines.
(f)
The maximum continuous airborne sound limits set forth in Title
7, Chapter 29, of the New Jersey Administrative Code shall not be
exceeded.
(5)
Vibration. In any zone, no vibrations discernible without instruments
at the measuring location shall be permitted.
(6)
Glare. No single standard for glare is promulgated in this chapter
due to the impracticability of establishing such standards. It is
the intent of these performance standards to ensure that both direct
and indirect glare, to the extent possible, are eliminated or activities
producing such glare are carried on within a structure. Necessary
glare-producing devices, such as roadway and walkway lighting, shall
be designed, constructed and maintained in such a manner as not to
be a nuisance to surrounding uses.
(7)
Temperature change. Any use or process shall not produce a temperature
change greater than 3° C. at the measuring location.
(8)
Fire and explosion hazards. If it appears that any proposed use,
structure, process or resulting product or material may constitute
a fire or explosion hazard, the Board may require the applicant to
supply proof of:
(a)
Approval of the use, structure, process or resulting product
or material from the State Department of Labor and Workforce Development,
indicating that adequate safeguards against fire and explosion have
been taken or installed.[1]
(b)
Approval from the Township of Cranford Fire Department that
the applicant has complied with all applicable Township fire prevention
regulations.
A.
Township standards. All standards and specifications of the Township
as now or hereafter adopted, if any, shall govern the design, construction
and installation of all improvements required. Failure of the developer,
his contractor or agent to conform to said specifications shall be
just cause for the suspension of the work being performed. No developer
shall have the right to demand or claim damages from the Township,
its officers, agents or servants by reason of said suspension.
B.
Other standards. In the event that the Township has not adopted standards
for a specific type of improvement, then generally accepted engineering
standards as set forth in current engineering and construction manuals,
as may be approved and modified by the Township Engineer for a specific
situation, shall be used.
C.
Grades. All construction stakes and grades shall be set by a licensed
land surveyor. One copy of all cut sheets shall be filed with the
Township Engineer prior to the commencement of any construction.
D.
Inspection. The applicant shall advise the Township Engineer 48 hours
prior to the commencement of the construction or installation of any
improvements. No underground installation shall be covered until inspected
and approved by the appropriate official. If, during installation
of any of the required improvements, the developer fails to meet specification
requirements or to correct unacceptable work, the developer shall
be notified in writing by certified mail that the developer has failed
to comply with specifications or to correct unacceptable work, and
said notice shall set forth in detail what has not been properly installed.
If, within 10 days after mailing, the developer has failed to perform
in accordance with the notice, the Township shall then cause a stop-work
order to be served upon the developer, and a copy shall be sent to
the governing body and Planning Board. All work shall cease until
the Construction Official is satisfied that all specifications are
adhered to or the unacceptable work is corrected.
E.
Site conditions. During construction, the site shall be maintained
and left each day in a safe, clean and orderly manner, and any condition
which could lead to personal injury or property damage shall be immediately
corrected by the developer upon an order by the Construction Official
or other authorized personnel.
F.
Disposal of dead trees, litter and building materials. All stumps,
litter, rubbish, brush, weeds, dead and dying trees, roots, debris
and excess or scrap building materials shall be removed or destroyed
immediately upon the request of and to the satisfaction of the Construction
Official prior to issuing a certificate of occupancy. No such refuse
shall be buried on the site.[1]
G.
Earth and topsoil removal. No earth or topsoil shall be removed or used as spoil except as provided by Chapter 351, Soil Removal, of the Code of the Township of Cranford. Retained topsoil shall be put aside and redistributed over the entire site after construction has been completed.
H.
Changes in elevation.
(1)
No change shall be made in the elevation or contour of any lot or
site by the removal of earth to another lot or site other than as
shown on an approved preliminary plan.
(2)
Minimal changes in elevation or contours necessitated by field conditions
may be made only after approval by the Township Engineer. All said
changes shall be shown on the final plan and indicated as a change
from the preliminary, or, if final approval has been granted, all
changes shall be shown on the as-built plans.
A.
General. Prior to the granting of final approval, the applicant shall
have installed or constructed improvements required by the Board or
shall have posted a performance guaranty or surety sufficient to cover
the costs of said improvements. The Board may solicit local, county,
state, federal, public or semipublic agencies and knowledgeable individuals
on what improvements shall be required. Improvements recommended by
other agencies, such as a utilities authority or county, state or
other governmental agencies, may be required by the Board as a condition
of final approval. It is recognized, however, that in certain situations
all of the improvements listed below may not be appropriate or needed.
These items may then be waived by the Board.
B.
Specific improvements to be constructed or installed.
(1)
Stormwater. The on-site stormwater disposal system shall be in accordance with Chapter 364, Stormwater Management, of this Code.
(2)
Sewage disposal. Provisions shall be made to convey effluent from
each lot through laterals and interceptors of adequate size, material
and capacity to collectors and then to trunk sewers to public treatment
facilities.
(3)
Water. Provision shall be made to provide each lot with an adequate
and continuous supply of potable water.
(4)
Utilities. Gas lines, telephone lines, electrical service, cable
television and similar utilities shall consist of those improvements
required by the applicable utility or federal or state law.
(5)
Vehicular and pedestrian improvements. Such improvements shall include
paving, curbs, gutters, sidewalks, bicycle paths, driveways, lighting,
traffic signs, traffic control devices and guardrails.
(6)
Other improvements. These improvements shall include, but are not
limited to, the following: shade trees, topsoil, earth removal, borrow
and fill, improvements to prevent erosion and landslides, and improvements
to prevent damage to adjacent property and to protect vistas and existing
natural growth.
(8)
Temporary improvements. During construction the Township Engineer
may require the installation or construction of improvements to prevent
or correct temporary conditions on the site which could cause personal
injury or damage to property or constitute a health hazard. These
conditions may result from erosion and landslide, flooding, heavy
construction traffic, creation of steep grades and pollution. Improvements
may include grading, plantings, retaining walls, culverts, pipes,
guardrails, temporary roads and others appropriate to the specific
condition.
A.
General. Prior to the final approval of all applications for development
hereafter submitted, the Board may require, in accordance with the
standards adopted by this article, the installation, or the furnishing
of a performance guaranty in lieu thereof, of any or all of the following
off-site and off-tract improvements it may deem to be reasonably related
to the public health, safety and general welfare: street improvements,
including sidewalks and drainage improvements, water, sewerage, drainage
and electric facilities, and such other off-site and off-tract improvements
as the Board may find necessary in the public interest, and easements
therefor. Off-site and off-tract improvements shall include but not
be limited to installation of new improvements and extensions and
modifications of the existing improvements in accord with circulation
and comprehensive utility service plans as well as the acquisition
of any lands which may be required. Upon the recommendation of the
Board as to those off-site and off-tract improvements necessary, the
Mayor and governing body shall determine, in the case of each off-site
or off-tract improvement, whether such improvement is to be:
(1)
Constructed by the Township of Cranford as a general improvement.
(2)
Constructed by the Township of Cranford as a local improvement.
(3)
Constructed by the developer with a formula providing for partial
reimbursement by the Township of Cranford if the improvement benefits
properties other than the subject property.
B.
Cost allocation. The allocation of costs for any off-site or off-tract
improvement shall be determined and apportioned in accordance with
the following standards:
(1)
The Board shall estimate, with the assistance of the Township Engineer
and such other persons having pertinent information or expertise,
the cost of the improvement and the amount by which all properties
to be serviced thereby, including the subject property, will be specially
benefited therefrom.
(2)
Upon estimating the cost of the improvement as provided in Subsection B(1) above, the Board may require that the applicant provide, as a condition for approval of the application, a bond satisfactory to the Township Attorney or a cash deposit in lieu thereof to ensure payment to the municipality, in one of the following amounts:
(a)
If the improvement is to be constructed by the Township as a
general improvement, an amount equal to the difference between the
estimated cost of the improvement and the estimated total amount by
which all properties to be serviced thereby, including the subject
property, will be specially benefited by the improvement.
(b)
If the improvement is to be constructed by the Township as a local improvement, then, in addition to the amount referred to in Subsection B(2)(a), the estimated amount by which the subject property will be specially benefited by the improvement.
(c)
If the improvement is to be constructed by the applicant, an
amount equal to the estimated cost of the improvement; provided, however,
that if the improvement benefits properties other than the subject
property, the Township of Cranford shall reimburse the applicant for
all sums not attributable to the subject property, provided further
that, in computing said sums, the applicant shall not be reimbursed
with the amount by which the subject property was specially benefited.
(3)
If the improvement is constructed by the Township, the actual cost shall be established, and the applicant shall be required to pay only his appropriate share of the cost as established by Subsection B(2).
(4)
If the improvement is constructed as a local improvement, as provided by Subsection B(2), and the applicant disputes the determination of the special benefit received by the subject property by reason of the improvement, its remedy shall be the appeal procedure set forth in N.J.S.A. 40:56-54 and 40:56-55.
C.
Standards to determine degree of benefit. In determining to what
degree properties not part of the application for development have
been specially benefited and to what degree the need for the off-site
and off-tract improvement was created by the proposed development,
the Board may consider the following:
(1)
Road, curb, gutter and sidewalk improvements may be based upon the
anticipated increase of traffic generated by the development. In determining
such traffic increase, the Planning Board may consider traffic patterns,
quality of roads and sidewalks in the area and other factors related
to the need created by the development and anticipated benefit thereto.
(2)
Drainage facilities may be based upon the percentage relationship
between the subject property acreage and the total acreage of the
drainage basins involved.
(3)
Sewerage facilities may be based upon the proportion that the project's
total anticipated volume of sewage effluent bears to the existing
capacity of existing and projected sewage disposal facilities, including
but not limited to lines and other appurtenances leading to and servicing
the development. The Board may also consider types of effluent and
particular problems requiring special equipment or added costs for
treatment and all such requirements in accordance with the rules and
regulations of the sewage treating facility or entity.[1]
D.
Deposit of funds. All moneys received by the municipality in accordance
with the provisions of this section shall be paid to the Township
Treasurer, who shall provide for a suitable depository therefor. Such
funds shall be used only for the improvements for which they are deposited
or improvements serving the same purpose. If such improvements are
not initiated within 10 years from the date of payment, said funds
shall be transferred to the capital improvement fund of the Township.
A.
General standards for the sidewalk portion of the public right-of-way.
An applicant requiring site plan or exception from site plan approval
for construction of a new building or minor or major renovations to
an existing building shall be responsible for the following:
(1)
Curbs. Install new concrete curbs:
(a)
As replacement for existing curb whenever any of the following
conditions or combination of the following conditions totals less
than 60% of the total amount of required curbing:
(2)
Sidewalks.
(a)
Install new concrete brick paving stone sidewalks for the entire
site whenever any of the following conditions or combination of the
following conditions totals 60% or more of required sidewalks:
(3)
Trees. Plant the species and number of required trees as determined
by the Township Engineer after consultation with the Cranford Downtown
Business and Economic Development Office and the Township Administrator.
Trees shall be planted at not less than 40 feet apart and not less
than 25 feet from streetlights. Trees shall not be less than three
to 3 1/2 inches in caliper measured one foot from the root system,
with branches commencing not less than six feet above grade when planted
and staked in the approved manner.
(4)
Victorian period street lampposts and fixtures. Install the number
of required Victorian period street lampposts and fixtures and all
necessary wiring to electrify lampposts and fixtures as determined
by the Township Engineer after consultation with the Cranford Downtown
Business and Economic Development Office and the Township Administrator.
(5)
Benches. Install the number of required benches as determined by
the Township Engineer after consultation with the Cranford Downtown
Business and Economic Development Office and the Township Administrator.
(6)
Planters. Install the number of required planters as determined by
the Township Engineer after consultation with the Cranford Downtown
Business and Economic Development Office and the Township Administrator.
B.
Reimbursement. The Cranford Downtown Business and Economic Development
Office will reimburse the applicant at a cost consistent with, but
not to exceed, the cost incurred or which would be incurred by the
Township for similar work:
(1)
The incremental difference in cost between installing concrete sidewalks
and installing concrete brick paving stone sidewalks.
(2)
The cost to install Victorian period lampposts and fixtures, necessary
wiring to electrify the lampposts and fixtures, benches and planters.
The Cranford Downtown Business and Economic Development Office may
limit the rate of reimbursement to up to $3,000 per year for a maximum
period of five years.
C.
Review.[3]
(1)
The site plan detailing the improvements to be made in the sidewalk
portion of the public right-of-way will be subject to the review of
the Township Engineer, Development Review Committee, Planning Board,
Downtown Business and Economic Development Office and Board of Adjustment
as appropriate.
(2)
All work in the public right-of-way will be in accordance with Township
Engineer's construction standards.
D.
Violations and penalties. Unless otherwise specifically provided
herein, any violation of the provisions of this section shall be punishable
by a fine not to exceed $500 or by imprisonment in the county jail
for a term not to exceed 90 days, or both, at the discretion of the
Municipal Court. Each day the violation shall continue after a notice
and a reasonable opportunity to correct or remedy the violation shall
constitute a separate violation.
[1]
Editor's Note: This section applies to all properties listed
in Ord. No. 85-64, which ordinance is on file in the office of the
Township Clerk.
