A.
General provisions.
(1)
Off-street parking, unloading and service requirements of this
section shall apply and govern in all present and future zoning districts
within the Borough. Except as provided in this section, no application
for a building permit shall be approved unless there is included with
the plan for such building, improvement or use a plot plan showing
the required space reserved for off-street parking, unloading and
service purposes. An occupancy permit shall not be given unless the
required off-street parking, unloading and service facilities have
been provided in accordance with those shown on the approved plan.
(2)
No land shall be used or occupied, no structure shall be designed,
created, altered, used or occupied, and no use shall be operated unless
off-street parking and loading facilities are provided in at least
the amount and maintained in the manner required by this section.
No other standard shall be applied. If this chapter does not provide
a parking standard for a particular use, the Board may be guided by
an alternative parking standard for comparative purposes only.
(3)
For residential developments, the number of required parking
spaces shall be determined by the number of bedrooms per dwelling
unit based on the current Residential Site Improvement Standards issued
by the State of New Jersey. For all nonresidential uses, minimum number
of spaces shall be based on the requirements of this chapter. If no
specific requirement is provided, the Board may be guided by the standards
of the Institute of Transportation Engineers, the Urban Land Institute,
American Planning Association or other recognized planning sources
for informational purposes.
(4)
All properties in the Borough of Spotswood shall be subject to all design requirements contained in this subsection, except single-family and two-family residential dwellings, which shall be exempt from site plan review. Driveway and parking requirements for single-family and two-family residential dwellings shall be subject to the "General Regulations" section of this chapter, § 120-301.
B.
Parking lot design standards.
(1)
The minimum parking space requirement shall be provided. No
off-street parking area shall be reduced in size or encroached upon
by any building, vehicle storage, loading or unloading space or any
other use where such reduction or encroachment will reduce the off-street
parking and loading spaces below that required by these regulations.
(2)
Off-street parking spaces for all uses shall be provided on
the same lot as the main building to be served by such parking.
(3)
All off-street parking, off-street loading and service areas
shall be separated from walkways, sidewalks, streets or alleys by
curbing or other protective device.
(4)
Each off-street parking, loading or service area shall be connected
to a public street right-of-way by means of a driveway or accessway.
(5)
No parking of vehicles shall be permitted in fire lanes, streets,
driveways, landscaped areas, aisles, buffer areas, sidewalks or turning
areas. Where sidewalks occur in parking areas, parked vehicles shall
not overhang or extend over the sidewalk unless an additional two
feet of sidewalk width is provided to accommodate such overhang. The
arrangement of off-street parking and loading spaces shall be such
that no vehicle shall have occasion to back into any street.
(6)
Internal roads, parking access aisles, parking areas, curbs
and landscaping shall be designed to comply with Borough and/or RSIS
standards and reasonably accommodate the turning movements of emergency
vehicles regularly and routinely serving the Borough of Spotswood
without requiring the mounting of curbs or interference with landscaping.
Moreover, where required by the Planning Board and/or Borough Fire
Official or other such designated Borough official, there shall be
a designated fire lane at least 18 feet in width in front of the primary
entrance into the principal building where the parking of vehicles
shall not be permitted.
(7)
Where there is a row of contiguous parking stalls facing the
facade of a building, there shall be a distance of at least 10 feet
in width between the building facade and the parking stalls, defined
by curbing, to allow access of emergency personnel to the facade of
each building facing such parking.
(8)
A private walk, if provided adjacent to a building, shall be
not less than four feet in width and shall be in addition to the other
requirements of this section.
(9)
All off-street parking spaces shall be not less than nine feet
wide nor less than 18 feet deep. Parallel spaces shall be nine feet
wide by 22 feet deep.
(10)
Access driveways shall be at least 24 feet wide where used with
ninety-degree-angle parking, at least 20 feet wide where used with
sixty-degree-angle parking and at least 18 feet wide where used with
forty-five-degree-angle parking and at least 15 feet wide where used
with thirty-degree-angle parking or parallel parking.
(11)
Two-way traffic is only permitted with a driveway at least 24
feet wide. Interior driveways shall be at least 12 feet wide for one-way
traffic movement and at least 24 feet wide for two-way traffic movement.
A one-way access driveway, exclusive of curb return radii, shall be
not less than 12 feet or more than 36 feet in width.
(12)
All parking areas and driveways shall be set back minimum five
feet from all property lines.
(13)
At the intersection of streets, except lanes and alleys, a curb
cut shall be set back not less than 25 feet from the intersection
of two curblines or such lines extended and shall be set back not
less than five feet from the intersection of two property lines or
such lines extended. Between the curb returns for any two driveways
serving the same property, there shall be at least 25 feet of curb,
except that this distance may be reduced to as little as five feet
where it is demonstrated that restricted frontage makes this necessary
in order to provide not more than two adequate driveways for the property.
(14)
For nonresidential uses and all multiple-family developments,
all parking and loading areas, maneuvering spaces or access aisles
shall be set back at least 10 feet from any street line.
(15)
Each off-street parking space shall be clearly marked, with
four-inch-to-six-inch painted lines and pavement directional arrows
or signs shall be provided wherever necessary.
(16)
The off-street parking requirements for two or more nonresidential
neighboring uses of the same or different types located on the same
lot or on contiguous lots and within the same zoning district may
be satisfied by the allocation of the required number of spaces for
each use in a common parking facility, provided that the number of
off-street parking spaces is not less than the sum of individual requirements,
except that any use whose peak attendance will be at night or on Sundays,
such as churches, theaters and assembly halls, may be assigned to
a use which will be closed at night or on Sundays.
(17)
Parking spaces may be on, above or below the surface of the
ground. When parking spaces are provided within a multilevel garage
or other structure, said structure shall be considered a building
and adhere to the principal building setbacks of the zone in which
it is located.
(18)
For the purpose of this section, the number of employees shall
be computed on the basis of the maximum number of persons to be employed
at any one time, taking into consideration day, night and seasonal
variations.
(19)
When units of measurement determining the number of required
off-street parking spaces and off-street loading spaces result in
the requirement of a fractional space, any fraction up to and including
1/2 shall be disregarded and any fraction over 1/2 shall require one
off-street parking or loading space.
(20)
Parking for the physically handicapped shall comply with the
requirements of the Barrier-Free Subcode of the New Jersey Uniform
Construction Code, N.J.A.C. 5:23-7.13 and 5:23-7:14, and/or its successors.
C.
Street access and circulation.
(1)
Access to parking lots shall be designed so as not to induce
queues on travel ways and to provide adequate pedestrian circulation
and safety. There shall be adequate provision for ingress to and egress
from all parking spaces to ensure ease of mobility, ample clearance,
and the safety of vehicles and pedestrians.
(2)
The center lines of any separate access points to a single lot
shall be spaced at least 100 feet apart, shall handle no more than
three lanes of traffic, and shall be set back from the street line
of any intersecting street at least 50 feet.
(a)
Only one driveway access shall be permitted for any lot with
150 feet or less of frontage; for lots with 150 feet to 300 feet of
frontage, two driveways shall be permitted; and for lots with greater
than 300 feet of frontage, the number of driveways shall be determined
during the development application review and approval process.
(b)
Continuous open driveways having a width exceeding 16 feet at
the street line shall be prohibited, except that two-way driveways
serving nonresidential uses and multiple-family developments shall
be at least 24 feet wide but no greater than 36 feet wide. The minimum
width of any driveway shall be 12 feet. In all instances, due consideration
to the proposed width, curbing, direction of traffic flow, radii of
curves and method of dividing traffic lanes shall be given.
(3)
All points of access to nonresidential and multifamily development
shall be graded, and adequate drainage facilities shall be installed
to prevent stormwater runoff from entering the public road. Any vertical
curve on a driveway shall be flat enough to prevent the dragging of
any vehicle undercarriage. All driveway profiles and grades shall
be submitted to and approved by the Borough Engineer. Should a sidewalk
be so located with respect to the curb at a driveway opening that
a vehicle undercarriage is likely to drag, the sidewalk involved shall
be adequately depressed or elevated to avoid such a result.
(4)
No driveway access on any nonlocal road shall be located on
the following: on a traffic circle; on a ramp of an interchange; within
50 feet of the beginning of any ramp or other portion of an interchange;
or on any portion of such road where the grade has been changed to
accommodate an interchange.
(5)
Driveways used for two-way operation shall intersect any road
at an angle as near 90° as site conditions will permit and in
no case less than 75°. Driveways used by vehicles in one direction
of travel (right turn only) may form an angle smaller than 75°,
but only with a nonlocal road and when acceleration and deceleration
lanes are provided.
(6)
Where a driveway serves right-turning traffic from a parking
area containing 200 or more parking spaces and the abutting road is
classified as an non-local road, an acceleration lane shall be provided
in accordance with "A Policy of Geometric Design of Rural Highways,"
American Association of State Highway and Transportation Officials.
Where a driveway serves as an entrance to a development containing
50 or more parking spaces, a deceleration lane shall be provided for
traffic turning right into the driveway from any collector, secondary
or arterial road. The deceleration lane shall be at least 200 feet
long and 13 feet wide measured from the abutting roadway curbline.
A minimum forty-foot curb return radius shall be used from the deceleration
lane into the driveways.
(7)
Any curb opening shall be properly reconstructed to the satisfaction
of the Borough Engineer. Where curbing does not exist and conditions
warrant, an adequate drainpipe shall be installed by the owner, at
the owner's expense, as determined by the Borough Engineer and prior
to the issuance of a building permit on the abutting lot.
(8)
Driveway grades shall not exceed 10%.
D.
Construction details for paving and curbing.
(1)
All parking and loading areas and access drives shall be paved
as provided below except that the Board, at the request of the applicant
and in consideration of the specific parking needs of the applicant,
may permit a reduction in the paved area devoted to parking, provided
that:
(a)
The submitted plan shall include all the parking spaces required
by this chapter, and shall include those spaces to be paved and those
requested not to be paved;
(b)
The drainage system for the site shall be designed to accommodate
the surface water runoff from all parking and driveway areas, considering
all such areas to be paved, whether proposed to be paved as part of
the application approval or deferred to a possible future date; and
(c)
The applicant shall provide in writing on the submitted plan
the conditions upon which banked, nonpaved parking areas should be
paved.
(2)
All parking and loading areas and access drives shall be paved
as outlined below unless otherwise specified by the Board and approved
as part of the development application approval. All parking areas,
regardless of size and location, shall be suitably drained and maintained.
(a)
Areas of ingress and egress, parking stalls, loading and unloading
areas, major interior driveways or access aisles and other areas likely
to experience heavy traffic shall be paved with not less than six
inches of compacted base course of plant mixed bituminous, stabilized
base course (Mix No. I-2), constructed in layers of not more than
three inches compacted thickness and prepared and constructed in accordance
with New Jersey State Highway Standard Specifications for Road and
Bridge Construction (1989) and any amendments thereto. A minimum two
inches compacted wearing surface of bituminous concrete mixtures (Mix
No. I-5) shall be constructed thereon in accordance with the aforesaid
New Jersey Highway Department specifications and amendments thereto.
(b)
Where subgrade conditions of proposed paved areas are wet, yielding
or of such a nature that surfacing would be inadvisable without first
treating the subgrade, the areas shall be excavated to a suitable
depth below the proposed grade and filled with dense graded aggregate
base materials as approved by the Borough Engineer. Where required
by the Borough Engineer, a system of subsurface drains or an alternate
solution approved by the Borough Engineer shall be constructed beneath
the surface of the paved area and connected to a suitable drain. After
the subbase material has been properly placed and compacted, the surfacing
material, as described heretofore, shall be constructed thereon.
(3)
All paved parking and loading areas and access drives shall
be curbed, except single-family residential driveways. Curbing shall
be depressed at the driveway or the curbing may be rounded at the
corners and the driveway connected with the street in the same manner
as another street.
(4)
All construction shall be in accordance with the standard construction
and detail sheets,[1] as may be promulgated by the Borough Engineer and adopted
by the Borough according to law, and the New Jersey Standard Specifications
for Road and Bridge Construction (1989), latest edition, and any amendments
thereto.
[1]
Editor's Note: Detail sheets are included as an attachment
to this chapter.
(5)
All off-street parking, off-street loading and service facilities
shall be so drained as to prevent damage to abutting properties or
public streets and shall be constructed of materials which will assure
a surface resistant to erosion. Such drainage and materials shall
be installed as required by the engineer. All such areas shall be
at all times maintained at the expense of the owners thereof in a
clean, orderly and dust-free condition.
E.
Minimum number of parking spaces. Minimum space requirements for
off-street parking area shall be as follows:
(1)
Retail sales, drugstores, convenience stores and all other personal
service uses not specified: one parking space per 150 square feet
of gross floor area.
(2)
Barber shops, beauty salons, day spas: one parking space per
100 square feet of gross floor area.
(3)
Grocery stores, supermarkets: one parking space per 200 square
feet of gross floor area.
(4)
Mixed-use strip malls and shopping centers greater than 15,000
square feet: four parking spaces per 1,000 square feet of gross floor
area of the entire facility.
(5)
General offices: one parking space per 250 square feet of gross
floor area.
(6)
Medical or dental offices: one parking space per 100 square
feet of gross floor area.
(7)
Hospitals, veterinary clinics or walk-in medical centers: one
space per 100 square feet of gross floor area.
(8)
Banks: one parking space per 200 square feet of gross floor
area. Additionally, all drive-in banks shall provide vehicle stacking
for at least 10 automobiles per drive-in window for queuing purposes,
and one by-pass lane for the drive-through facility.
(9)
Restaurant, tavern, bakery, deli, coffee shop, cafes or similar
sit-down eating establishments: one parking space per 75 square feet
of gross floor area.
(10)
Drive-in or drive-through restaurants and similar eating establishments
shall provide one parking space per 50 square feet of gross floor
area. Additionally, drive-in restaurants shall provide stacking room
for at least 15 automobiles per drive-in window for queuing purposes.
(11)
Automotive repair, service, sales, or washing uses shall provide
four spaces, plus one parking space per refueling position, plus one
space per service bay, plus one space per vehicle wash lane, plus
one space per vacuum station, plus one space per 1,600 square feet
of vehicle display space.
(12)
Indoor recreation, dancing, bowling, skating, climbing, gymnastics,
karate, art studios or similar places of assembly: one parking space
per 150 square feet of gross floor area.
(13)
Movie theatres: one parking space per two seats.
(14)
Hotels or motel: one parking space per room, plus one per employee
at maximum shift, plus one per 200 square feet of meeting, conference
or banquet hall space.
(15)
Mortuary or funeral homes: one parking space per 25 square feet
of chapel or assembly space, plus one space per funeral vehicle, which
may be kept inside.
(16)
Fraternal clubs, lodges, social halls, nonprofit service foundations:
one parking space per 150 square feet of gross floor area.
(17)
All houses of worship: one space per every three seats in a
sanctuary or chapel space or part thereof, plus shall satisfy any
additional requirement for office, social gathering, classroom, or
other spaces. One seat shall be considered 24 inches in calculating
the capacity of pews or benches. For faiths not customarily using
formal seating in prayer, the requirement shall be one space per three
persons permitted by building/fire code occupancy (whichever is more
restrictive) in the prayer room space.
(18)
All school buildings, public or private (grades K-6) shall provide
one space per employee; intermediate schools (grades 7-9) shall provide
1.5 spaces per employee; secondary schools (grades 10-12) shall provide
2.5 spaces per employee; and in all cases, sufficient space for school
bus loading and unloading shall be provided.
(19)
Industrial, laboratory, warehouse, manufacturing, self-storage
and similar uses shall provide one space for every 3,000 square feet
or fraction thereof of gross floor area for inside storage or warehousing,
plus one space for every 800 square feet or fraction thereof of gross
floor area used for research laboratories or manufacturing.
(20)
All other uses not listed shall provide adequate on-site parking
to accommodate the permitted activities and shall be subject to the
review and approval of the Planning Board during site plan review.
F.
Parking lot landscaping, screening and buffering.
(1)
For parking lots of more than five vehicles, an evergreen planting
row, fence, wall or combination thereof, no less than three feet or
more than seven feet in height, shall be provided surrounding the
parking lot and between any lot lines, street lines and any other
exposed sides of the parking lot. In locations where a sight triangle
or corner vision clearance area is required, such plantings may have
their height reduced accordingly.
(2)
In addition to all other landscaping requirements, parking lots containing more than five parking spaces shall be subject to the parking landscaping requirements found in the landscaping section, § 120-603, of this chapter.
(3)
All parking, loading, HVAC equipment, transformers, dumpster
enclosures, donation bin enclosures and similar utilitarian compounds
shall be screened with solid fencing and shall be surrounded with
a five-foot-deep landscape buffer area. Such screening shall be by
an extension of the building, a fence, berm, wall, planting or combination
thereof and shall not be less than six feet in height. Landscape areas
shall be heavily planted with a mix of all season screening plantings,
minimum six feet high, designed in order to obscure their view from
any public street and adjacent property throughout the year.
(4)
Where a parking lot in any zone abuts a residential zone or
a residential use on an abutting lot, a fifteen-foot-deep buffer area
shall be provided between the parking lot and the abutting zone or
use. The buffer area shall provide a solid eight-foot-high fence and
rows of all-season trees, shrubs and plantings to screen and buffer
the uses from each other.
G.
Loading.
(1)
Minimum. Each principal building or use greater than 1,000 square
feet used for commercial, institutional or other uses similarly involving
the receipt or distribution of vehicles, materials or merchandise
shall provide at minimum one off-street loading space at the side
or rear of the building or within the building. Each loading space
shall be at least 15 feet in width by 48 feet in length with adequate
ingress and egress from a public street and with adequate space for
maneuvering. Additional spaces may be necessary and required dependent
upon the specific activity. Loading and unloading areas shall be permitted
only in the side and rear yards. There shall be no loading or unloading
from the street.
(2)
Additional spaces. Loading and unloading shall be provided according
to the following schedule:
Gross Floor Area:
(square feet)
|
Spaces Required:
|
---|---|
0 to 1,000
|
Exempt
|
1,001 to 25,000
|
1
|
25,001 to 50,000
|
2
|
50,001 to 75,000
|
3
|
75,001 to 100,000
|
4
|
100,000 or greater
|
4 plus 1 space per each additional 50,000 square feet
|
(3)
Screening. All loading areas shall be screened in order to obscure
their view from any public street and adjacent property throughout
the year.
H.
Special vehicle parking regulations for residential zones.
(1)
Parking of commercial vehicles. One registered commercial vehicle,
with one rear axle, of a rated capacity not exceeding eight tons,
eight feet in width, 20 feet in length, or nine feet in height (excluding
any radio antennae) owned or used by a resident of the premises, shall
be permitted to be regularly parked or garaged on any residential
lot. One registered commercial vehicle of a rated capacity not exceeding
1 1/2 tons on four wheels, owned or used by a resident of the premises,
shall be permitted to be regularly parked or garaged on any residential
lot, provided that said vehicle is kept in a private garage and shall
not be permitted to be regularly parked or stored on or in the vicinity
of any such premises in the open air. For purposes of this chapter,
a commercial vehicle is a bus and/or vehicle containing advertising
matter intending to promote the interest of any business, whether
or not said vehicle is registered as a commercial vehicle with the
New Jersey or other State Division of Motor Vehicles, except that
this provision shall not be deemed to limit the number of commercial
trucks or cars used on a farm or construction equipment which is used
on the site for construction purposes.
(2)
Parking of recreational vehicles. Travel trailers, campers,
motor homes, horse trailers, boat trailers, ATV, and motorcycle trailers
may be parked or stored on any residential lot only on a paved driveway
or in a rear or side yard area. The dimensions of such vehicles and
trailers shall not be used for temporary or permanent living quarters
while situated on the lot. Such vehicles shall be annually licensed
with a valid registration and shall be capable of use on a public
road; no junked vehicles shall be permitted under this subsection.
A.
Lighting requirements for all zones.
(1)
All parking, loading and driveway areas and walkways thereto
and appurtenant passageways serving commercial, public, office, multiple-family
or other uses having common off-street parking and/or loading areas
shall be adequately illuminated for security and safety purposes.
(2)
The light intensity provided at ground level shall be indicated
in foot-candles on the submitted plans and shall average at least
0.5 foot-candles at intersections and a minimum of 0.3 foot-candles
in all areas to be illuminated.
(3)
The lighting plan in and around the parking areas shall provide
for nonglare, recessed lens lights focused downward so as to prevent
light from spilling onto adjacent properties. The foot-candle level
at beyond property lines shall not exceed 0.0 foot-candles.
(4)
Lighting shall be provided by building or pole fixtures with
a mounting height not more than 18 feet high measured from the ground
level to the center line of the light source.
(5)
All existing and proposed outdoor lighting shall be shown on
a lighting plan in sufficient detail to allow a determination of the
effects upon adjacent properties, traffic safety and overhead skyglow.
The objective of these specifications is to minimize undesirable off-premises
effects. No light shall shine into windows or onto streets and driveways
in such a manner as to interfere with or distract driver vision. To
achieve these requirements, the intensity of such light sources, the
light shielding and similar characteristics shall be subject to site
plan approval.
A.
General regulations for all zones.
(1)
All areas in a development not used for construction of buildings,
roads, access ways, parking or sidewalks shall be fully landscaped.
(2)
Natural site features, such as existing trees, streams, rock
outcroppings, etc., shall be preserved wherever possible. Whenever
such natural features are absent or insufficient or have been destroyed
during the development of the site, additional new plantings of a
sufficient size as determined by the municipal agency shall be established
to provide environmental protection to beautify the buildings and
grounds and to provide privacy, shade and the screening out of objectionable
features created on the site. Landscaping provided as part of any
development plan should provide for a variety and mixture of plantings.
The selection should consider susceptibility to disease, colors, growing
season, textures, shapes, blossoms, and foliage as well as local soil
conditions and water availability. The site plan and/or subdivision
plan shall show the location, species, size at planting and quantity
of each plant. All plant material shall be guaranteed for at least
two years from the date of planting, and any plant material which
does not survive within that time period shall be replaced by plant
material of the same size and species at the expense of the developer.
(3)
Landscape plans shall be required, except for existing single-
and two-family homes, where no plan is required. All landscape plans
shall have a schedule of the Latin and common name, the quantity,
the size, spacing and method of planting of each plant material. The
Board, at its discretion, may consult with a landscape architect regarding
the appropriateness of the landscaping plan as it relates to the physical
characteristics of the site and the proposed use of the land.
(4)
A foundation planting on three sides of all buildings shall
be required for all new construction.
(5)
For the protection and enjoyment of natural features, the Board
may require conservation area easements or conservation area deed
restrictions, and may require that such areas be delineated by monuments.
B.
Soil removal. Topsoil or rock shall be removed from or be imported to any site within the Borough without prior approval of the Director of Public Works and in accordance with Chapter 171, Soil Removal. Additionally, regarding applications for major subdivision or major site plan development only, the applicant shall provide the Planning Board with an estimate of the total amount of soil or rock to be excavated from the site and the total amount of soil or rock to be imported to the site. The Planning Board shall review the data as part of its review of the application for development. The information provided by the applicant also shall include an addressment as to how the soil is to be distributed and stabilized, including grades and contours. Moreover, if soil is to be imported to the site, the applicant shall describe, to the satisfaction of the Borough Engineer, the method and frequency of the testing of the imported soil in order to ensure its quality. Finally, the applicant shall describe the size and number of vehicles that are anticipated to haul the removed or imported soil or rock together with proposed truck routes.
C.
Buffer regulations for non-single-family zones.
(1)
A minimum landscaped area of five feet in width shall be provided
along all property lines in all zones unless otherwise restricted.
(2)
All buffers and landscaped areas shall be protected from adjacent
parking areas by curbs, or concrete, metal or wood bumpers at least
six inches in height and securely anchored into the ground.
(3)
Retaining walls shall not be permitted within buffer areas unless
approved as part of site plan approval.
(4)
In all zones where non-single-family zone lines abut an R-10,
R-7.5 or R-5 Single-Family Residential Zone or use, a buffer shall
be established in the above non-single-family zone as follows:
Zone
|
Buffer
(feet)
|
---|---|
C or PE
|
5
|
MH
|
20
|
TH
|
20
|
APT
|
20
|
SC
|
20
|
MSR
|
10
|
NC
|
15
|
GC
|
20
|
LI
|
25
|
(5)
In all zones where a multifamily use abuts an existing commercial
zone or use, a twenty-five-foot buffer must be established and maintained
by the multifamily developer, unless such buffer is already established
along the common boundary of that zone or use.
(6)
In all zones where a multifamily use abuts an office or industrial
zone or use, a twenty-five-foot buffer shall be established and maintained
unless a greater buffer is already established and maintained along
the common boundary of that zone or use.
(7)
In all zones where a commercial zone line abuts a multifamily
residential use, a twenty-five-foot buffer must be established and
maintained unless such buffer is already established and maintained
along the common boundary of that use.
D.
Landscape coverage.
(1)
Minimum landscape coverage requirements for lots shall be as
follows:
Zone
|
Coverage Minimum
|
---|---|
C and PE
|
90%
|
R
|
50%
|
AR-MHP
|
50%
|
TH and APT
|
40%
|
SC
|
40%
|
MSR
|
10%
|
NC
|
30%
|
GC
|
40%
|
LI
|
20%
|
E.
Street trees.
(1)
In addition to all other trees required to be replaced by this
chapter, street trees shall be required for all streets and there
shall be planted at a rate of one shade tree for every 50 feet of
frontage, or fraction thereof. Street trees shall be planted along
both sides of all streets and shall be of a hardy species approved
by the Planning Board and/or Borough Engineer. All street trees and
on-site shade trees shall not be less than 2 1/2 caliper inches in
diameter, measured one foot above the root crown and planted in accordance
with the all other requirements of the Borough. All trees shall be
brought to the site balled and burlapped, free of insects and disease
and true to species and variety.
(2)
At intersections, trees shall not be located closer than 30
feet from the intersection of the street right-of-way lines, except
when the sight triangle easements increase the distance for sight
line purposes.
(3)
The types and locations of shade trees to be planted shall be
shown in the plans submitted to the Planning Board in conjunction
with the application for development.
(4)
Dead or dying trees which have been planted by virtue of the
requirements of this section of the chapter shall be replaced by the
developer during the next recommended planting season.
(5)
All trees shall be installed in accordance with the American
Nurserymen Guide.
(6)
For residential subdivision or site plan development, a minimum
of two shade or evergreen trees per dwelling unit shall be planted
in the rear or side yard area of each lot, or in the case of shared
property developments, in a common area near the rear yard or rear/side
entrance to each unit. All newly planted shade trees shall be of nursery
stock and shall have a minimum caliper size of 2 1/2 inches.
F.
Parking lot landscaping.
(1)
For parking lots with five spaces or more, parking lot landscaping
shall be provided and consist of:
(a)
An evergreen screen planting row, berm, fence, wall or combination
thereof, no less than three feet or more than seven feet in height,
shall be provided surrounding the parking lot and between any lot
lines, street lines and any other exposed sides of the parking lot.
In locations where a sight triangle or corner vision clearance area
is required, such plantings may have their height reduced accordingly.
(b)
In addition to all other trees required to be replaced by this
chapter, deciduous shade trees shall be required around the perimeter
of all parking lots and shall be planted at a rate of one shade tree
for every 50 linear feet of parking lot perimeter, or fraction thereof.
(c)
In addition to all other trees required by this chapter, interior
parking lot shade trees shall be provided and planted within protected
landscape islands at a rate of one shade tree per 10 parking spaces.
(d)
All street trees and on-site shade trees shall not be less than
2 1/2 caliper inches in diameter, measured one foot above the root
crown and planted in accordance with the all other requirements of
the Borough. All trees shall be brought to the site balled and burlapped,
free of insects and disease and true to species and variety. All parking
lot shade trees shall be planted in accordance with the same specifications
for street trees listed above and all other standards of the Borough.
G.
Tree removal and replacement.
(1)
Whenever an application has been made for site plan or subdivision
approval, planned unit development or multiresidential development
which requires the approval of the Planning Board, the developer shall
be required to submit plans indicating the current location, size
and species of all existing trees on the site. Trees to be removed
and trees to remain on the site shall be identified on the plan. In
cases of wooded areas in excess of one acre in area, a sample area
of 100 feet by 100 feet may be used to calculate and extrapolate calculations
for tree removal and replacement.
(2)
All trees removed from a site shall be replaced and provided
on-site based on the following formulas:
(a)
For trees with a DBH equal to or greater than four inches and
less than 16 inches, replacement shall be based upon the total number
of caliper inches removed. Tree replacement for said trees shall be
one inch caliper replacement for every one inch caliper removed.
(b)
For trees with a DBH equal to or greater than 16 inches, the
removed tree shall be replaced based upon the following schedule:
Existing Tree
(inches)
|
Number of Replacement Trees
|
---|---|
18 or less
|
3
|
21 or less
|
4
|
24 or less
|
5
|
27 or less
|
6
|
29 or less
|
7
|
31 or less
|
8
|
33 or less
|
9
|
35 or less
|
10
|
37 or less
|
11
|
39 or less
|
12
|
(3)
The species or type of replacement tree and the mix of replacement
tree types (deciduous, coniferous) shall be selected from the species
removed from the tract under consideration or from the tree species
recommendations of the Borough. Replacement deciduous trees shall
be a minimum of 2.5 inches caliper at the time of planting. Replacement
evergreen trees shall be a minimum of six feet to eight feet high
at the time of planting. If Arborvitae species are proposed, minimum
tree height shall be a minimum 10 feet high at the time of planting
to count toward tree replacement.
(4)
The applicant may provide replacement trees on-site, or via
a voluntary contribution to the Borough of Spotswood Tree Replacement
Fund at a rate of $150 per tree.
H.
Utility equipment, dumpster, collection bin screening and landscaping.
All parking, loading, HVAC equipment, transformers, dumpster enclosures,
donation bin enclosures and similar utilitarian compounds shall be
screened with solid fencing and shall be surrounded with a five-foot-deep
landscape buffer area. Such screening shall be by an extension of
the building, a fence, berm, wall, planting or combination thereof
and shall not be less than six feet in height. Landscape area shall
be heavily planted with a mix of all season screening plantings, minimum
six feet high, designed in order to obscure their view from any public
street and adjacent property throughout the year.
I.
Recreation and open space requirements for all multifamily uses.
(1)
Recreation.
(a)
An active or passive recreation area shall be provided and improved
by the developer for each multiple-family development. All active
recreation areas shall be no closer to any residential structure than
the minimum yard area for the residential structure.
(b)
All active recreation areas shall be cleared as required, graded
for proper drainage, leveled, topsoiled, limed, fertilized and seeded
with athletic field and general purpose mixture in accordance with
the specifications contained in Lofts, Inc. Guide Seed and Sod In
U.S. and Canada, current edition, and must be suitable for playing
games, such as touch football and softball on an informal basis. In
addition to such multipurpose field, the active recreation area shall
include such recreational facilities as needed to serve the residents
of the development. The recreation area shall meet all design standards
as set forth in this chapter.
(c)
The recreation area shall not include any wetlands, wetlands
transition areas of any kind, streets, drives or space occupied for
off-street parking or loading purposes for other facilities. The recreation
area shall be contained within the subject development and be entirely
within Spotswood Borough and readily accessible to all dwelling units
proposed within the subject development.
(d)
The development shall provide for a homeowners' association
in accordance with the Municipal Code of the Borough of Spotswood
for the ownership and maintenance of the recreation area(s) for the
benefit of the owners and residents of the development, unless the
Borough accepts dedication of the recreation area.
(2)
Open space.
(a)
In the designation of the required open space and the uses proposed
thereon, the developer shall be guided by the following:
[1]
Any lands proposed as open space shall be located, shall be
of the size, and shall be improved to best suit the purpose(s) for
which the open space is intended.
[2]
Common open space to be administered by a homeowners' association
or other open space organization shall be distributed throughout the
proposed development so that as many residential dwelling units or
buildings as is practicable abut and have direct access to the common
open space.
[3]
The protection of environmentally fragile and important resource
land areas such as aquatic buffer areas, five-hundred-year floodplains,
wetlands and treed acreage is a high priority.
(b)
The Planning Board shall review the submitted open space plan
in the context of the particular development proposal, the particular
characteristics of the subject land area, and the ability, desirability
and practicality of relating the proposed open space to adjacent and
nearby lands.
(c)
Should the proposed development consist of a number of development
stages, the Board may require the set aside of open space acreage
proportionate in size to the development stage being considered for
final approval, even though these lands may be located in a different
section of the overall development.
(d)
Open space may be offered by deed to the Borough or dedicated
as common open space to a homeowners' association or other open space
organization.
[1]
If the applicant proposes that the open space shall be dedicated
to the Borough, then the Board shall forward such request with its
recommendation to the Borough Council prior to the granting of preliminary
approval of any development application containing the subject open
space.
[2]
All open space not offered to and/or not accepted by the Borough
shall be common open space owned and maintained by a homeowners' association
as provided in N.J.S.A. 40:55D-43 of this chapter. Such organization
shall not be dissolved, nor shall it dispose of any common open space
by sale or otherwise.
A.
General provisions. The erection of any sign shall require a zoning
permit and certificate of occupancy unless specifically exempted herein.
(1)
General prohibitions.
(a)
No sign shall be placed on or attached to a building or erected
independently for any purpose other than to advertise a permitted
business or use conducted on the same premises unless specifically
permitted herein;
(b)
No billboards shall be erected or replaced;
(c)
No signs shall be erected, altered, enlarged or replaced which
are not in accordance with the standards established in this chapter;
(d)
No portion of any sign shall be located within or suspended
over a public right-of-way or pedestrian walkway;
(e)
No sign of any type shall be permitted to obstruct driving vision,
traffic signals, traffic directional and identification signs, other
places of business, or other signs or windows of the building on which
they are located;
(f)
No sign shall be erected, used or maintained which in any way
simulates official, directional or warning signs erected or maintained
by the State of New Jersey, by any county or municipality thereof
or by any public utility or similar agency concerned with the protection
of the public health or safety;
(g)
No sign shall be erected, constructed or maintained so as to
obstruct or be attached to any fire escape, window, door or opening
that is intended to provide light or a means of ingress or egress,
or for fire-fighting purposes, or placed so as to interfere with any
opening required for legal ventilation; and
(h)
No sign, other than exempt signs, shall be permitted within
50 feet of the property line of any historical site or monument.
(2)
Animated, flashing and illusionary signs. Signs using mechanical
or electrical devices to revolve, flash or display movement or the
illusion of movement are prohibited. This shall include LED style
signs, variable message signs and electronic billboard signs.
(3)
Height. Unless otherwise specifically specified to the contrary
in this chapter, no freestanding sign in any district shall be higher
than 15 feet, measured to the top of the sign from grade.
(4)
Freestanding signs. Freestanding signs shall be supported by
one or more columns or uprights which are firmly embedded in the ground.
Exposed guy wires, chains or other connections shall not be a support
of a freestanding sign.
(5)
Illuminated signs. Illuminated signs shall be arranged to reflect
the light and glare away from adjoining streets and properties. All
lighting shall be placed and shielded to prevent the lighting from
shining into neighboring properties or approaching vehicles. No sign
with red, green, blue or amber illumination in a beam, beacon or flashing
form resembling an emergency light, safety or warning device or traffic
signal shall be erected in any location. No sign lighting or control
mechanism that interferes with radio or television reception shall
be permitted.
(6)
Information, direction and nameplate signs. Street number designations,
postal boxes and "private property," "no hunting," on-site directional
and parking signs and warning signs are permitted in all zone districts,
but are not considered in calculating sign area. No such sign shall
exceed one square foot in area, nor do such signs require a zoning
permit. Moreover, residential nameplate signs situated within the
property lines and not exceeding 72 square inches shall be permitted,
but are not considered in calculating sign area and do not require
a zoning permit.
(7)
Maintenance. Signs and, in the case of permitted freestanding
signs, the mounting area on the ground level beneath the sign, must
be constructed of durable materials, maintained in good condition
and not allowed to become dilapidated or unsightly.
(a)
Any sign that is or is becoming dangerous or unsafe in any manner
whatsoever shall be repaired and made safe in conformity with this
chapter, or such sign shall be removed by the owner, tenant, agent
or occupant of the building, property or land upon which such dangerous
or unsafe sign is located.
(b)
Should notice be given by the Zoning Officer or Construction
Official to an owner, tenant, agent or occupant of a building that
a sign is or is becoming dangerous or unsafe, said notice shall require
appropriate remedial action to be taken within 10 days from the date
of service of the notice, or within a lesser time as shall be specified
in the notice in cases where the danger to the public health, safety
and general welfare is more imminent.
(8)
Nonprofit organization event signs. Upon written application
to the Zoning Officer by a Spotswood-Borough-based nonprofit organization,
the Zoning Officer shall issue zoning permits, with optional fee,
for the erection of up to three temporary signs announcing an event
sponsored by said nonprofit organization, provided that the following
requirements and regulations are met:
(a)
One sign may be located on the property owned by the nonprofit
organization, if and wherever such property exists, and up to two
signs may be located on properties other than that which may be owned
by the nonprofit organization, provided said properties are situated
within nonresidential zoning district.
(b)
The written application to the Zoning Officer by the nonprofit
organization shall include a written representation by the owner of
the property upon which a sign is to be located, giving permission
for the display of said sign.
(c)
The written application to the Zoning Officer by the nonprofit
organization shall include a sketch indicating the proposed location
of the sign(s) and the graphic material to be placed on the sign(s).
(d)
Permitted signs may be freestanding or attached. Each sign shall
not exceed eight square feet in area. If freestanding, the sign shall
not exceed five feet in height and shall be set back from all street,
driveway and property lines a distance equivalent to one linear foot
for each 2 1/2 square feet of sign area.
(e)
The permitted sign(s) shall not be illuminated and shall be
located so as not to interfere with driver vision.
(f)
All signs shall be constructed of wood, be neatly painted and
be adequately secured for aesthetic and safety purposes.
(g)
No more than one sign for any particular nonprofit organization
shall be permitted on any particular property at the same time, and
no more than two nonprofit organization event signs shall be permitted
on any particular property at the same time.
(h)
Permitted signs may be displayed for a period not to exceed
four weeks, and the specific time period for the display of all signs
shall be indicated on the written application to the Zoning Officer
unless the advertised event occurs earlier, in which instance the
sign shall be removed within 24 hours after the event.
(i)
It shall be the responsibility of the nonprofit organization
to remove all permitted signs prior to the expiration of the specified
time period for their display.
(9)
Political signs. Political signs temporarily giving notice of
political campaigns shall be set back at least 15 feet from all street
and property lines and shall not exceed 16 square feet in area. Signs
shall be permitted within 30 days prior to any municipal, county,
state or national election and shall be removed within 10 days after
election. All such signs do not need a zoning permit.
(10)
Portable signs. No sign shall be exhibited which is portable;
i.e., fixed on a movable stand, self-supporting without being firmly
imbedded in the ground, supported by other objects, mounted on wheels
or movable vehicles, or made easily movable in some other manner.
(11)
Real estate signs. Real estate signs temporarily advertising
the sale, rental or lease of the premises or portion thereof shall
conform to the following requirements:
(a)
All real estate signs shall be nonilluminated, shall not exceed
four square feet in area and shall not require a zoning permit. Only
one real estate sign may be erected on the property to be sold or
rented.
(b)
All real estate signs, if not attached to the building, shall
be set back at least 10 feet from any street line and shall comply
with all applicable side yard requirements for the zoning district
in which it is located.
(c)
For approved site plans or major subdivisions at the start-up
of construction, one sign not exceeding 32 square feet in area shall
be permitted during construction.
(d)
All real estate signs shall be removed at the expense of the
advertiser within 15 days after the termination or completion of the
matter of business being advertised or, in the case of residential
subdivisions, when 95% of the lots have been initially sold. Further,
in the case of a subdivision or site plan undergoing construction,
the sign shall be removed if construction activity ceases for a period
of three consecutive months.
(e)
"Sold" signs shall be permitted between the signing of the contract
of sale and the date of legal closing.
(12)
Sign area. The area of a sign shall be measured around the edges
of a framed or enclosed sign or by the area utilized by isolated words
and/or symbols, including the background whether open or enclosed,
but said area shall not include any supporting framework and bracing
incidental to the display itself.
(13)
Signs with two exposures. Such signs shall be measured for area
by using the surface of one side of the sign only; however, both sides
of the sign may be used.
(14)
Wall fascia or attached signs. Wall fascia or attached signs
shall be firmly attached to the exterior wall of a building and shall
not project more than six inches from the building.
(15)
Window signs. Temporary interior window signs shall be considered
in computing the allowable sign area. Temporary window signs shall
not require a zoning permit.
(16)
The flag of the United States of America or the State of New
Jersey. The flag of the United States of America or the State of New
Jersey may be displayed in all zoning districts and do not require
a zoning permit.
(17)
Nonconforming signs. Nonconforming signs may be continued in
use, but may not be enlarged, relocated, altered, rebuilt, extended
or made less conforming. Failure to keep signs in good repair for
a period of 12 consecutive calendar months shall constitute abandonment,
and such sign may not then be replaced or reused but must be removed.
(18)
Zoning permit for signs. An application for a zoning permit
to erect, hang or place a sign shall be submitted on forms obtainable
from the Zoning Officer, unless such sign has been specifically approved
by the Planning Board or Zoning Board of Adjustment, as the case may
be, as part of an approved application for development. Each application
for any required zoning permit shall be accompanied by plans showing
the area of the sign; the size and character of the sign; the method
of illumination, if any; the exact location proposed for the sign;
and, in the case of a projecting sign, the proposed method of fastening
the sign to the building, the distance between the sign and the building,
the vertical distance between the sign and the curb; and the distance
between the sign and the street right-of-way.
(19)
Directional or wayfinding signs shall be approved by the Planning
Board in all locations and shall not exceed four feet in height and
two square feet in area. Such signs shall include directional arrows
and information and shall not include any advertising information
beyond basic site and directional identification.
B.
Signs in the R-10, R-7.5 and R-5 Zones:
(1)
Nameplate signs, not to exceed two square feet in area indicating
the name and/or address of the occupant of the dwelling unit.
(2)
Political signs and signs expressing (noncommercial) free speech
as protected under the First Amendment.
(3)
Churches or fraternal organizations shall be permitted one freestanding
sign not exceeding 25 square feet in area, 10 feet in height and set
back at least 25 feet from all property lines, plus one attached sign
not exceeding eight square feet in area.
C.
Signs in the TH, APT, AR-MHP and SC Zones:
(1)
Nameplate signs, not to exceed two square feet in area indicating
the name and/or address of the occupant of the dwelling unit.
(2)
Political signs and signs expressing (noncommercial) free speech
as protected under the First Amendment.
(3)
Each development of 50 units or more may have one monument sign
along an arterial or collector road which the tract in question abuts,
provided that there exists at least 250 feet of unbroken frontage
on that road. No such sign shall be permitted on a local street. Such
signs shall not exceed five feet in height, shall be set back from
the street rights-of-way and driveways at least 30 feet, and shall
be set back from any property line a minimum of 50 feet, and shall
not exceed an area of 25 square feet and shall be used to display
the development's name.
D.
Signs in the NC and GC Zones:
(1)
Churches shall be permitted one freestanding sign not exceeding
25 square feet in area, 10 feet in height and set back at least 25
feet from all property lines, plus one attached sign not exceeding
eight square feet in area.
(2)
Each principal commercial building not part of a shopping center,
or, each shopping center may have one major attached sign and one
freestanding sign, provided that the total area of both signs does
not exceed 75 square feet and that the following additional provisions
are met:
(a)
Both the attached sign and the freestanding sign each shall
not exceed an area equivalent to 5% of the front facade of the subject
principal commercial building;
(b)
The maximum height dimension the attached sign shall not exceed
10% of the height of the front facade of the subject principal commercial
building, measured from ground level to the top of the upper story,
excluding the roof area; and
(c)
The freestanding sign shall not exceed 15 feet in height and
shall be set back at least 25 feet from all street and property lines.
(3)
Where a principal commercial use occupying at least 500 square
feet of segregated area has direct access from the outside, an additional
sign not exceeding eight square feet in area identifying the name
of the activity shall also be permitted but shall not be counted in
the overall permitted sign area. Such additional sign(s) shall be
either attached flat against the building at the entrance to the activity
or suspended in perpendicular fashion from a roof over a common walkway.
Suspended signs shall be no closer than 10 feet at their lowest point
to the finished grade below.
E.
Signs in the MSR Zone:
(1)
No ground signs shall be permitted. Only facade signs are permitted
in this district.
(2)
The maximum permitted sign area shall be 10% of the front facade.
On corner lots, signs may increase to account for both facade areas.
There shall be a limit of one sign per use or tenant.
(3)
When a ground sign is proposed such signs shall be monument
style signs with a height no greater than four feet. A planter base
shall be provided around the base of the sign. Such signs shall require
relief from the appropriate Board.
(4)
Shingle signs are permitted on the first and second floors.
The maximum area should not exceed four square feet, the materials
should be either painted wood or painted metal, and they should include
ornamental metal brackets of some kind. They should only be externally
illuminated and the message should only give the symbol or the name
of the business.
(5)
Surface-mounted signs on the first floor cornice/sign band shall
contain individually mounted letters or symbols and not be a large
board sign that obscures the cornice and its details. They should
be externally illuminated and the message should only contain the
name or the symbol of the business.
(6)
Surface-mounted signs are not permitted above first floor.
(7)
Awning signs shall be limited by the size of the fringe or the
main area of the awning, depending on the location of the sign.
(8)
All billboard signs are prohibited.
(9)
Cloth and canvas awnings are encouraged over building entrances
and shall provide a minimum of eight feet of clearance and shall not
extend more than four feet from the building facade.
(10)
If an awning is so steeply sloped that it serves as a sign rather
than as shelter, the sign must meet all the criteria (size, message,
lighting, etc.) for wall signs that could be above the first floor.
(11)
All types of colors and patterns are acceptable if they meet
the criteria for colors and signs: plain, striped, patterned, decorative,
and so on. They must, however, be compatible with the overall building.
(12)
If a single building contains more than one shop front and more
than one commercial space, the several awnings can either be identical
to complement the building, or they can differ, to add variety and
to express the identity of the individual shops. If a single shop
occupies the ground floor of two adjacent buildings, the awnings in
each building shall be identical, since the objective of maintaining
the identity of the two buildings is met by the building designs.
(13)
Churches shall be permitted one freestanding sign not exceeding
25 square feet in area, 10 feet in height and set back at least 25
feet from all property lines, plus one attached sign not exceeding
eight square feet in area.
F.
Signs in the LI Zone:
(1)
Each principal building may have one major attached sign and
one freestanding sign, provided that the total area of both signs
does not exceed 75 square feet and that the following additional provisions
are met:
(a)
Both the attached sign and the freestanding sign each shall
not exceed an area equivalent to 5% of the front facade of the subject
principal building;
(b)
The maximum height dimension the attached sign shall not exceed
10% of the height of the front facade of the subject principal building,
measured from ground level to the top of the upper story, excluding
the roof area; and
(c)
The freestanding sign shall not exceed 15 feet in height and
shall be set back at least 25 feet from all street and property lines.
(2)
Where a principal use occupying at least 500 square feet of
segregated area has direct access from the outside, an additional
sign not exceeding eight square feet in area identifying the name
of the activity shall also be permitted but shall not be counted in
the overall permitted sign area. Such additional sign(s) shall be
attached flat against the building at the entrance to the activity.
G.
Signs in the C and PE Zones:
(1)
No signs shall be permitted in the Conservation or Parks and
Education Zone except the for schools and public park facilities,
which shall be permitted one freestanding sign not exceeding 25 square
feet in area, 10 feet in height and set back at least 25 feet from
all property lines.
A.
Streets.
(1)
All developments shall be served by paved streets in accordance
with the approved subdivision and/or site plan. The arrangement of
such streets not shown on the Master Plan or Official Map, as may
be adopted by the Borough, shall provide for the appropriate extension
of such streets and shall conform with the topography as far as practicable.
Local streets shall be planned so as to discourage through traffic.
(2)
When a new development adjoins land susceptible of being subdivided
or developed, suitable provisions shall be made for access to adjoining
lands. Two means of access from existing streets to a new development
shall be provided, where feasible. Where only one means of access
is provided, future extension(s) into adjacent, adjoining lands may
be required, unless existing physical conditions prohibit such connections.
(3)
In general, local residential streets shall be designed to discourage
through traffic, and proposed larger traffic generators shall not
be permitted through local residential streets. Streets and roadways
shall be located to blend with the topographic and aesthetic features
of the site. Local residential roads shall be curved wherever possible
to avoid conformity of lot appearance and to discourage through traffic.
The grade of the streets shall run with the site topography wherever
possible and in a manner that provides most of the lots to be at or
above the grade of the road.
(4)
In the event that a development adjoins or includes existing
streets that do not conform to the street widths as shown on the adopted
Master Plan or Official Map and/or the street width requirements of
this chapter, additional land along either or both sides of the street,
sufficient to conform to the right-of-way requirements, shall be dedicated
for the location, installation, repair and maintenance of streets,
drainage facilities, utilities and other facilities customarily located
on street rights-of-way, provided the following:
(a)
The necessary deeds of ownership shall be furnished and the
dedication shall be expressed as follows: "Street right-of-way granted
for the purposes provided for and expressed in the Land Development
Ordinance of Spotswood Borough."
(b)
If the development is along one side only, 1/2 of the required
extra width shall be dedicated and shall be improved, including excavation,
base course and surfacing, in accordance with the approved application.
(c)
Final approval of a development application shall not be construed
as the acceptance of a street or portion thereof dedicated to public
use.
(5)
If the subdivision or site plan abuts a major arterial road,
the proposed plan shall include provisions to minimize the number
of curb cuts or entrances onto and exits from same.
(6)
Streets shall be of sufficient width and of suitable design
to accommodate prospective traffic, but in all cases shall have a
right-of-way width, measured from lot line to lot line, of not less
than 50 feet for minor or marginal access streets and not less than
60 feet for collector and arterial streets.
(8)
The width of the right-of-way of internal roads, alleys and
serviceways in multifamily, commercial and industrial developments
shall be determined on an individual basis, and in all cases shall
be of sufficient width and of suitable design to comply with all applicable
municipal requirements and to safely accommodate the anticipated peak
traffic, parking and loading needs and to provide sufficient access
and turnaround space for fire-fighting equipment.
(9)
Street grades of local neighborhood streets shall not exceed
12%, street grades of minor collector streets shall not exceed 10%,
and the minimum street grade permitted shall be 1/2 of 1%. The maximum
grade within 50 feet of an intersection, measured from the nearest
right-of-way level, shall be 5%. Intersections shall be designed with
a flat grade where practical. All changes in grade shall be connected
by vertical curves of sufficient radius to provide a smooth transition
and proper sight distance.
(10)
Street intersections shall be as nearly at right angles as possible
and in no case shall be less than 75°. Approaches to all intersections
involving nonlocal roads shall follow a straight line, or a curve
with a radius of not less than 700 feet, for at least 100 feet. No
more than two streets shall meet or intersect at any one point, and
the center lines of both intersecting streets shall pass through a
common point. Use of "T" intersections in subdivisions shall be encouraged.
Street jogs with center line offsets of less than 150 feet are prohibited.
(a)
Ordinarily, any development abutting an existing street classified
as a nonlocal street shall be permitted only one new street connecting
with the same side of the existing nonlocal street; except that where
the frontage is sufficient, more than one street may intersect with
the nonlocal street, provided that the streets shall not intersect
with the same side of the existing street at intervals less than 800
feet.
(11)
A tangent of at least 100 feet long shall be introduced between
reverse curves on nonlocal streets; for local streets, a tangent of
at least 50 feet shall be required between reverse curves. When connecting
street lines deflect from each other at any one point, they shall
be connected by a curve with a radius conforming to standard engineering
practice as contained in the "Transportation and Traffic Engineering
Handbook," ITE, latest edition. The minimum center line radius shall
be 100 feet for local streets and 150 feet for minor collector streets.
(12)
Vertical and horizontal curves and the sight easements on such
vertical and horizontal curves shall be designed in accordance with
the 1990 American Association of State Highway And Transportation
Officials (AASHTO) street standards.
(13)
Subdivisions abutting county roads shall provide a marginal
service road or reverse frontage lots with planted buffer strips or
such other means of separation of through and local traffic as the
Board may determine appropriate.
(14)
The right-of-way for internal roads in nonresidential developments
shall be determined on an individual basis by the Board, and shall
in all cases be of sufficient width and design to safely accommodate
the expected traffic movements and parking and loading needs.
(15)
Connecting streets shall be planned wherever possible and culs-de-sac
shall be no more than 750 feet in length, excluding the turnaround,
but, in any case, shall provide access to no more than 20 dwelling
units where such access is to single-family detached dwellings only,
or to no more than 60 dwelling units where access is to other than
single-family detached dwellings.
(a)
A turnaround shall be provided at the end of the cul-de-sac
with a radius of 50 feet on the curbline, plus a utility and planting
strip of 10 feet around the entire cul-de-sac.
(b)
The center point for the radius shall be offset to a point where
the radius becomes tangent to the right curbline of the associated
street wherever possible; otherwise, the center point shall be the
center line of the associated street.
(c)
If a cul-de-sac is temporary, the turnaround shall be provided
temporarily, with provisions for the future extension of the street
and the reversion of the excess right-of-way to adjoining properties.
(16)
No street shall have a name which duplicates or so nearly duplicates
the name of an existing street name that confusion will result. The
continuation of an existing street shall have the same name. Curvilinear
streets shall change their name only at street intersections. The
Board reserves the right to approve the name(s) of any street(s) within
a proposed development.
(17)
The pavement width of streets and the quality of subsurface
and base materials shall adhere to the minimum standards set forth
by the county or state engineers when said paving concerns roads under
their jurisdiction and where such standards exist. Concerning streets
under the jurisdiction of the Borough of Spotswood, the following
standards shall apply:
(a)
All streets as defined herein are to be constructed in accordance
with plans and specifications which have been prepared by a New-Jersey-licensed
professional engineer and which have been approved by the Borough
Planning Board or Zoning Board of Adjustment, as the case may be,
and Borough Engineer. The plans and specifications shall include information,
both in profile and cross-section, regarding the existing topographic
conditions within the proposed right-of-way and the final finished
road grades. The plans and specifications shall provide for a road
design that complies with the requirements of this chapter.
(b)
All streets shall be constructed in accordance with the standard
construction and detail sheets,[1] as adopted by the Borough in accordance with law, and
the New Jersey Department of Transportation's Standard Specifications
for Road and Bridge Construction (1989), as amended from time to time.
[1]
Editor's Note: Detail sheets are included at the end of this
chapter.
(c)
Unstable subbase or subgrade conditions, including areas which
develop prior to or ahead of the placement of the base course, shall
be corrected by scarifying, reshaping and recompacting, or by replacement;
all as determined to be required by the Borough Engineer in order
to rectify the unstable conditions. Subgrade categories are shown
in the standard construction and detail sheets as adopted by the Borough
in accordance with law.
(d)
If substitutions of paving material are proposed, the relative
strength rates in the standard construction and detail sheets should
be consulted to ensure appropriate substitutions.
(18)
The location and terminal of any street right-of-way must not
interfere with other streets of the Borough and shall be so constructed
as not to constitute a traffic hazard or to seriously interfere with
the access of any abutting property owner to a through street. In
all cases where a proposed street or driveway will intersect a street
which is within the jurisdiction of the New Jersey Department of Transportation
or Middlesex County, written approval of such intersection by the
appropriate jurisdictional authority shall be submitted to the Borough
Council.
(19)
When a street within a major subdivision intersects with a nonlocal
street, or where a driveway serves as an entrance to a development
providing 50 or more parking spaces, a deceleration lane shall be
provided for traffic turning right into the street or driveway from
the nonlocal street. The deceleration lane is to be at least 200 feet
long and at least 13 feet wide measured from the proposed edge of
the pavement of the nonlocal street.
(20)
When a local street is proposed within a development which either
ends in a cul-de-sac or loops through the development to provide two
intersections with streets in Spotswood Borough, said local street
shall not extend across municipal boundaries.
B.
Curbs and gutters.
(1)
Curbs or curbs and gutters shall be used for drainage purposes,
safety, and delineation and protection of the pavement edge. Curbs
or curbs and gutters shall be installed on both sides of all streets
except on minor collector streets in the single-family residential
districts. Generally, curbs shall be required on streets with on-street
parking.
(2)
Flexibility regarding curb type shall be permitted provided
that the curb type accommodates the system of drainage proposed. Generally,
curbs should be constructed of concrete or granite block. Curbs, either
granite blocks or concrete and gutters, shall be constructed in accordance
with the standard construction and detail sheets, as adopted by the
Borough in accordance with law.
(a)
The standard concrete curb section shall be a maximum of 10
feet in length, with an expansion joint, and shall be prepared in
accordance with the requirements of the New Jersey Department of Transportation
Standard Specifications for Road and Bridge Construction, latest edition.
(b)
Where bituminous concrete pavement is used for the road surface,
the curb and/or gutter shall be constructed first.
(c)
Where drainage inlets are constructed but curbs are not required,
curbing shall be provided at least 10 feet on each side of the inlet,
set back one foot from the extension of the pavement edge.
(3)
The curbing shall be designed to provide depressed barrier-free
curb ramps for bicycles and/or wheelchairs in accordance with the
Design Standards for Curb Ramps for the Physically Handicapped of
the New Jersey Department of Transportation and the Americans with
Disabilities Act.
(4)
In those cases where a developer requests a waiver from the
chapter requirements for curbs and/or gutters and proposes shoulders
and/or drainage swales instead, the Board, in reviewing the waiver
request, shall consider the following guidelines:
(a)
Curbs or gutters should be required at all street intersections
and throughout any development generating large volumes of vehicular
traffic or lying within close proximity to such development.
(b)
Curbs or curbs and gutters should be required throughout any
multifamily residential development.
(c)
Curbs or curbs and gutters shall be required in conjunction
with all single-family subdivisions.
(d)
Curbs or curbs and gutters shall be required in any case where,
in the opinion of the Borough Engineer, low gradients, unusual soil,
structural problems or other conditions indicate susceptibility to
poor surface water flow or lack of uniformity in shoulder grades.
(e)
Curbs or curbs and gutters shall be required along existing
or proposed municipal streets or roads in conjunction with any proposed
development that would otherwise, in the opinion of the Borough Engineer,
contribute to an adverse drainage condition, soil erosion or watercourse
siltation.
(5)
Where curbing is not required, pavement edge definition and
stabilization shall be provided for safety reasons and to prevent
pavement unraveling. However, curbing ordinarily always shall be required
for stormwater management, road stabilization and the delineation
of parking areas, and at locations 10 feet on each side of all drainage
inlets, at intersections, at corners, and where tight radii exist.
C.
Sidewalks.
(1)
Sidewalks and walkways (and related aprons) shall be required
along all streets, and shall be constructed by the developer, in accordance
with the following criteria:
(a)
Existing sidewalks shall be extended throughout all areas of
the Borough when the roads upon which they are located are extended;
(b)
Sidewalk and walkway linkages shall be provided throughout all
areas of the Borough between existing and/or previously approved sidewalks,
unless specifically waived in specific locations by the reviewing
Board based upon good cause, such as the existence or proposal of
alternate linkages for pedestrian movement, and/or a determination
that such specific linkages will not be utilized, and/or other specific
reasons;
(c)
In all residential districts, sidewalks shall be provided on
both sides of all local neighborhood streets, excepting that permanent
culs-de-sac not more than 500 feet in length (measured from the center
line of the intersecting street to the center of the cul-de-sac bulb)
and not providing access to more than 10 dwelling units shall not
require sidewalks, but shall provide a paved area at both corners
of the intersection for pedestrian waiting off-street.
(d)
In all residential districts, sidewalks shall be provided on
one side of all minor collector streets and a graded area shall be
provided on the other side, except that sidewalks shall be provided
on both sides where the development or a portion thereof lies in close
proximity to pedestrian movement generators.
(e)
No developments in the LI Districts shall be required to provide
sidewalks, except in locations determined by the Board to be necessary
and/or desirable for safety purposes or for other good cause purposes.
(f)
In those cases where a developer requests a waiver from the
requirements of sidewalks as set forth in this section of the chapter,
the Board, in considering such waiver, shall take into account the
guidelines that sidewalks should be required in the case of any development
or portion thereof lying in close proximity to school sites and other
pedestrian movement generators including, but not limited to, recreational
facilities, churches, clubs, eating establishments and retail shopping
centers.
(2)
Sidewalks may be located in the traditional manner between the
proposed edge of pavement and parallel to the right-of-way line of
the street or, in the alternative, the Board may permit the sidewalks
to be set back from the proposed edge of pavement and be constructed
in a meandering pattern in order to preserve topographical and other
natural features and to provide visual interest.
(a)
Regarding landscaping, when sidewalks are constructed in the
traditional manner set back approximately five feet from and parallel
to the street right-of-way line, street trees shall be required between
the edge of pavement and the sidewalk.
(b)
However, when the meandering pattern of sidewalk construction
is approved, trees and shrubs shall be planted in concentrated areas
at locations where the sidewalk turns as well as at other locations
required and approved by the Board.
(3)
Sidewalks, aprons, and sidewalks at aprons shall be concrete
and shall be constructed in accordance with the standard construction
details as adopted by the Borough in accordance with law.
(a)
Sidewalks shall be at least four feet wide; wider widths may
be necessary near pedestrian generators and employment centers. Where
sidewalks abut the curb and cars overhang the sidewalk, sidewalks
shall be at least six feet wide. In high-density residential areas
when sidewalks abut the curb, a sidewalk or graded area of at least
six feet in width also shall be required.
(b)
Sidewalks shall be placed upon a compacted subgrade overlaid
with at least four inches of porous material such as sand or gravel.
Concrete sidewalks shall be at least four inches thick, except at
points of vehicular crossing where they shall be at least six inches
thick with reinforcement of welded wire fabric mesh or an equivalent.
Concrete air-entrained sidewalks shall be of concrete having a twenty-eight-day
compressive strength of 4,500 pounds per square inch.
(c)
Blacktop or sidewalks of other approved materials may be permitted,
depending upon the design of the development and as approved by the
approving authority upon the advice of the Borough Engineer.
(d)
Where sidewalks cross curbs, curb ramps shall be provided as outlined in § 120-605B(3) of this chapter hereinabove.
(e)
Where subgrade is yielding or otherwise unsatisfactory in the
opinion of the Borough Engineer, all unsuitable material shall be
removed and suitable material shall be applied until the subgrade
is nonyielding to the satisfaction of the Borough Engineer.
(4)
Finished sidewalks shall be true to specified lines, grades,
dimensions and curvatures. Completed work shall be adequately protected
from traffic and the elements.
(5)
Graded areas, where required, shall be planted with grass or
treated with other suitable ground cover, and the width and cross
slope shall correspond to that required of sidewalks.
D.
Sight triangles. Sight triangle easements shall be required at intersections
of a street with another street and at intersections of a street with
a driveway providing ingress and/or egress to nonresidential developments.
The sight triangle easement shall be in addition to the specified
right-of-way width of a street and cartway width of a driveway and
shall not contain any grading, planting or structure more than 30
inches above the center line of the street and/or driveway that would
obstruct the clear sight across the area of the easements, except
that street signs, fire hydrants and light standards may be located
within a sight triangle easement. A public right-of-entry shall be
reserved for the purpose of removing any object, material or other
such obstruction to the clear sight.
(1)
The sight triangle is that area outside of the street right-of-way
or driveway cartway, bounded by the intersecting street right-of-way
or driveway cartway lines and the straight line connecting sight points,
one each located on the two intersecting street or driveway center
lines.
(2)
Sight triangles shall be provided in accordance with the 1990
street standards established by the American Association of State
Highway and Transportation Officials (AASHTO). Additional lands may
be required to be included within the sight triangle easement in order
to provide an unobstructed view for the entirety of the required minimum
distances.
(3)
The dedication of sight triangle easements shall be expressed
on a subdivision plat or site plan as follows: "Sight triangle easement
deeded for purposes provided for and expressed in the Land Development
Ordinance of Spotswood Borough."
E.
Street trees. Regarding any land development, along all streets of
a development and along proposed roads and street rights-of-way where
natural woods are not present the following provisions shall apply:
(1)
Shade trees shall be planted along both sides of all streets
and shall be of a hardy species approved by the Planning Board or
Zoning Board of Adjustment, as the case may be.
(2)
Trees shall be planted at forty-foot to sixty-foot intervals,
or an equivalent number shall be planted in an informal arrangement.
(3)
At intersections, trees shall not be located closer than 30
feet from the intersection of the street right-of-way lines, except
when the sight triangle easements increase the distance for sight
line purposes.
(4)
The caliper of the trees shall be a minimum of 2 1/2 inches
measured six inches above the ground. The standing height shall be
a minimum of 10 feet. All trees shall be brought to the site balled
and burlapped, free of insects and disease and true to species and
variety.
(5)
Stripping existing trees or filling more than six inches around
existing trees shall not be permitted unless it can be shown that
construction requirements necessitate the removal of trees, in which
case those lots shall be replanted with trees to reestablish the tone
of the area and to conform with adjacent lots.
(6)
Dead or dying trees which have been planted by virtue of the
requirements of this section of the chapter shall be replaced by the
developer during the next recommended planting season.
(7)
All trees shall be installed in accordance with the American
Nurserymen Guide.
F.
Street signs.
(1)
The design and placement of traffic signs shall follow the requirements
specified in the Manual on Uniform Traffic Control Devices for Streets
and Highways, published by the United States Department of Transportation
and adopted by the New Jersey Department of Transportation.
(2)
At least two street signs shall be placed at each four-way street
intersection and at least one street sign shall be placed at each
"T" intersection. All street signs shall be placed so as not to obstruct
sight distances and shall be located under light standards, if present,
so that the street name is clearly visible. The design of street signs
shall be consistent; shall be of the style found throughout the Borough
of Spotswood; shall be of a uniform size and color; and shall be erected
as approved by the Borough Engineer.
(3)
At signalized intersections, street signs shall be located on
the overhead arm supporting the traffic signal or otherwise suitably
suspended over the intersection. Roadway clearance shall be a minimum
of 15 feet from the bottom of any sign or supporting equipment and
the top of the paved surface.
(4)
If street signs are designed differently than those installed
elsewhere in the Borough and are approved, at the request of an applicant,
as part of a subdivision or site plan application for development,
provision must be made by the applicant for the maintenance and/or
replacement of said signs by an entity other than the Borough of Spotswood.
(5)
Directional signs and other markings shall be of a size, color
and design specified in the current edition of the "Manual on Uniform
Traffic Control Devices for Streets and Highways," published by the
Federal Highway Administration, United States Department of Transportation.
Unless otherwise approved by the Borough of Spotswood, all off-street
signs, including traffic directional signs, shall be located on the
same property as the use to which they are related.
G.
Street lighting.
(1)
Street lighting shall be provided for all street intersections.
Moreover, additional street lighting may be required for specific
locations as deemed necessary for safety reasons and determined by
the Borough Engineer: e.g., in locations with limited or hampered
sight distance due to existing vegetation; a sharp curve of the street;
or an obtuse or sharply angled intersection.
(2)
The type of required street lighting to be supplied shall be
specified by the Borough Engineer. The light intensity provided at
ground level shall average at least 0.5 foot-candles at intersections
and 0.3 foot-candles for other street lighting, as required.
(3)
Wherever electric utility installations are required to be underground,
the applicant shall provide for underground service for the required
street lighting.
(4)
Street lighting in addition to that required in Subsection G(1) hereinabove may be provided in planned residential developments at the discretion of the developer and subject to the approval of the Borough Engineer and Board, provided the following:
(a)
Such additional street lighting is optional and shall be maintained and operated by a homeowners' association established for the planned residential development. Optional street lighting shall adhere to the standards set forth in § 120-602 hereinbelow, and all fixtures shall be of the standard type otherwise normally approved by the Borough.
(b)
In cases where the developer proposes and receives approval
for a type of light fixture consistent with the overall lighting plan
for the planned residential development but different than the standard
type of light fixture normally approved by the Borough for the required
lighting, the homeowners' association also shall maintain and operate
the nonstandard type of lighting.
(5)
In the event that the developer elects either to install more street lighting than required by the provision of Subsection G(1) of this section hereinabove and/or nonstandard lighting fixtures, agreements between the Borough and the developer, together with its successors and assigns, shall be entered into memorializing the perpetual obligation of the homeowners' association to operate and maintain said lighting.
A.
Multifamily and townhouse dwellings. Recycling facilities shall be
provided for multifamily and townhouse dwellings in accordance with
the following:
(1)
Each multifamily and townhouse dwelling unit shall be designed
to provide a location containing at least 12 cubic feet of space per
unit for the storage of designated recyclable materials. The location
shall be clearly marked as such on floor plans of the dwelling unit.
(2)
There shall be included in any new multifamily housing development
which requires subdivision or site plan approval one or more indoor
or outdoor recycling areas for the collection and storage of residentially
generated recyclable materials. At a minimum, there shall be one recycling
area for each 75 units or portion thereof. The dimensions of the recycling
areas shall be sufficient in size to accommodate recycling bins or
containers which are of adequate size and number and which are consistent
with anticipated usage and with current methods of collection in the
area in which the project is located. Outdoor recycling areas shall
include a concrete pad of the same minimum size. The dimensions of
the recycling areas and the bins or containers shall be determined
in consultation with the recycling coordinator and shall be consistent
with the district recycling plan, as adopted according to law; any
applicable requirements of the Township Master Plan, as adopted according
to law; and this chapter.
(3)
The recycling areas shall be conveniently located for the residential
disposition of source-separated recyclable materials, preferably near,
but clearly separated from, refuse containers.
(4)
The recycling areas shall be well lit and shall be safely and
easily accessible by recycling personnel and vehicles. Collection
vehicles shall be able to access the recycling areas without interference
from parked cars or other obstacles. Reasonable measures shall be
taken to protect the recycling areas and the bins or containers placed
therein against theft of recyclable materials, bins or containers.
(5)
The recycling areas or the bins and containers placed therein
shall be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recyclable
paper or cardboard, and which are located in an outdoor recycling
area, shall be equipped with a lid, or otherwise covered, so as to
keep the paper or cardboard dry.
(6)
Signs clearly identifying the recycling areas and the materials
accepted therein shall be posted adjacent to all points of access
to the recycling areas. Individual bins or containers shall be equipped
with signs indicating the materials to be placed therein.
(7)
Each recycling area shall be enclosed on three sides by a solid
fence six feet in height and landscaping shall be provided around
the fence.
(8)
The garden apartment or mobile home park owner or the incorporated
homeowners' or condominium association shall be responsible for providing
general maintenance of the recycling areas, including but not limited
to removal of snow and ice, pad and pavement maintenance, and fence
and landscaping maintenance.
(9)
If the Borough determines that curbside collection shall be
applicable to any multifamily housing development, the developer,
for new construction, or the garden apartment or mobile home park
owner or the incorporated homeowners' or condominium association shall
provide a designated area for curbside collection at each unit. For
new construction, access for such collection shall be designed so
as to provide an adequate turning radius for collection vehicles without
interference from parked cars or other obstacles.
B.
Nonresidential developments. Nonresidential developments shall provide
recycling facilities in accordance with the following:
(1)
All nonresidential developments shall submit a recycling plan
that includes the following information:
(a)
A description of the type of business expected to occupy the
building. If, during site plan or subdivision review, the business
type is unknown, a recycling plan shall be submitted as part of the
tenancy review process prior to issuance of a certificate of occupancy.
(c)
The approximate amount of each recyclable material expected
to be generated, in cubic yards or tons, monthly or annually.
(d)
Material separation and handling practices, which shall include
the following:
[1]
A list of areas where material is expected to be generated.
[2]
A method, in a manner acceptable to the recycling coordinator,
of storing material at the point of generation, where applicable.
[3]
A method of moving material from the generation area to the
storage area, where applicable.
[4]
The location of the designated storage area.
[5]
The size of the storage area. An explanation of the method used
to determine the size of the storage area shall be provided.
[6]
The size and type of container used to store each material,
both at the point of generation and storage prior to vendor pickup.
An explanation shall be provided concerning how the determination
was made for the sizing of storage containers.
[7]
The method of screening the recycling container, where applicable.
[8]
The method of material removal, including frequency of pickup
and the type of vehicle expected to be used for pickup.
[9]
Safeguards to minimize confusion between recycling areas and
collection procedures.
(2)
Site and space requirements for designated materials listed
in the master plan recycling element.
C.
Storage areas. Storage areas, both indoors and outdoors, shall meet
all fire, building and health codes and requirements of the Borough.
A.
All public services shall be connected to an approved public utilities
system where one exists. In general, utilities shall be located within
the right-of-way on both sides of, and parallel to, the cartway, or
within utility easements outside the right-of-way.
B.
The developer shall arrange with the servicing utility for the underground
installation of the distribution supply lines and service connections,
in accordance with the prevailing standards and practices of the utility
or other companies providing such services; provided, however, that
lots abutting existing easements or public right-of-way, where overhead
electric, CATV or telephone distribution supply lines and service
connections have heretofore been installed, may be supplied with electric,
CATV and telephone service from these overhead lines, but the service
connections from the utilities' overhead lines shall be installed
underground.
(1)
In cases where extension or replacement of service is needed
to existing or new buildings in established subdivisions or developments,
the present method of service may be continued.
(2)
In the case of existing overhead utilities, however, should
a road widening, or an extension of service, or other such condition
occur as a result of the subdivision or site plan and necessitate
the replacement or relocation of such utilities, the developer shall
cause the replacement or relocation to be underground.
(3)
Upon submission of preliminary plats or plans for approval,
the developer shall present a statement of interest, setting forth
all public utility companies to serve the tract and a letter from
each company stating that service will be available to the development.
The preliminary plans shall recite all public utilities that will
serve the development. Any deviation from the statement of interest
shall make null and void any approval granted by the Borough.
(4)
Prior to the preconstruction meeting preceding the commencement
of construction, the developer shall furnish the Administrative Officer
a copy of the agreements with the applicable public utility companies
certifying the jurisdiction of the public utility company for the
particular portion of the Borough; indicating agreement with the proposed
utility installation design; and stating who will construct the facility
so that service will be available prior to occupancy. The form of
such agreement(s) shall be reviewed and approved by the Borough Attorney
prior to the commencement of construction.
(5)
The developer shall provide the Borough with four copies of
a final as-built plan showing the installed location of the facilities.
Utility areas shall be planted with grass, ground covers, and/or treated
with other suitable cover material.
C.
Easements along property lines or elsewhere for utility installation
may be required. Such easements shall be at least 20 feet wide and
located in consultation with the companies or Borough departments
concerned and, to the fullest extent possible, shall be centered on
or adjacent to lot lines. Such easement dedication shall be expressed
on the plat or plan as follows: "Utility right-of-way easement granted
for the purposes provided for and expressed in the Land Development
Ordinance of Spotswood Borough." Utility easements along street right-of-way
lines shall be a minimum of 10 feet in width.
D.
Where natural foliage is not sufficient to provide year-round screening
of any utility apparatus appearing above the surface of the ground,
other than utility poles, the applicant shall provide sufficient live
screening to conceal such apparatus year round.
E.
On any lot where soil conditions, rock formulations, woods or other
special conditions exist, and the Board deems it a hardship to the
developer to comply with the provisions of this section, the developer
may apply to the Board for an exception from the terms of this section.
Where overhead lines are permitted as the exception, the alignments
and pole locations shall be routed to avoid locations along horizons,
to avoid the clearing of swaths through treed areas by selective cutting
and staggered alignments, to minimize the views of the poles and alignments
by planting trees in open areas at key locations, and to lessen the
visual impact of the overhead lines by following rear lot lines and
other interior locations.
A.
Sewers.
(1)
All subdivisions and site plans shall be provided with sanitary
sewer facilities in such a manner as to provide adequate sewerage
within the development to transport all sewerage from each lot and
the total development to said collection system.
(2)
Any sanitary sewer collection system shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements or rights-of-way in accordance with § 120-610 of this chapter, entitled "Easements."
(3)
Any collection system shall be designed in accordance with the
requirements of the New Jersey Department of Environmental Protection,
the regional utility authority and all applicable Borough ordinances.
(4)
The following sanitary sewer standards are required for all
developments in the immediate vicinity of sanitary sewerage facilities:
(a)
A complete engineer's report, setting forth the basis of design,
shall be submitted to the approving authority. The report shall demonstrate
the proposed collection system is designed to handle flows as specified
elsewhere in these standards and shall demonstrate the downstream
collection system can handle the additional flows without surcharging
or creating adverse conditions.
(b)
All sewer mains shall be extended along the entire frontage
of the tract from the existing sewer main.
(c)
All sanitary sewers shall be designed to carry the avenge flow
estimated 25 years in advance with a peaking factor of four, unless
otherwise determined by the Borough Engineer, determined by utilizing
the Harman Equation (ASCE Manual No. 37.) Average flow shall be assumed
to be 75 gallons per person, per day, with each house unit being occupied
by four persons.
(d)
All trunk and interceptor sewers shall conform generally to
the Borough's Sanitary Sewer Master Plan where applicable.
(e)
Gravity sewers shall be designed to flow with a minimum velocity
of not less than two feet per second at full flow based on Kutter's
Formula with n = 0.013. Inverted siphons and force mains shall be
designed for a minimum velocity of three feet per second. The minimum
gravity sewer size shall be eight inches in diameter. The minimum
sewer lateral and force main size shall be four inches in diameter.
(f)
All residential units shall be connected to a sanitary sewer
by a four-inch (minimum) diameter sewer lateral. The lateral shall
include connecting fitting and cleanout and shall be in accordance
with the Borough's standard details. No lateral shall be accepted
if the line has not been tested for water tightness. No connection
shall be made without the approval of the Borough Engineer or Sewer
Utility Superintendent and receipt of all required Borough permits
and connection fees.
(g)
Commercial and industrial units shall utilize a sewer lateral
size in accordance with estimated sewerage flow from the particular
unit with a minimum size of four inches.
(h)
Materials used in construction of sewers, force mains, and outfalls
shall be as follows:
[1]
Gravity sewers shall be constructed of reinforced concrete pipe
with steel and rubber joints, PVC pipe SDR-35, or cement-lined ductile
iron pipe. Sewer laterals shall be constructed of PVC pipe or materials
as approved by the State Uniform Construction Code. Cleanouts shall
be of cast iron, soil pipe or PVC construction with brass caps.
[2]
Inverted siphons and outfalls shall be constructed of cement-lined
ductile iron pipe. Force mains shall be constructed of cement-lined
ductile iron pipe, or PVC pressure pipe.
[3]
Inverted siphons shall consist of a minimum of two pipes with
provision for flushing.
[4]
Flow control gates shall be provided in the chambers.
[5]
Construction details are specified under "Detailed Information
on Sewers" below.
(5)
A general map of the entire project shall be furnished showing
sewers, pumping stations and appurtenances. Plans shall show sanitary
sewers and shall be of uniform size, 24 inches by 36 inches, with
a one-half-inch border on top, bottom and right side, and a two-inch
border on the left side, the last one for binding. The plans shall
show the following:
(a)
Details. The plans shall show contours of all existing and proposed
streets, surface elevations of all breaks in grade and street intersections,
tributary areas with population per acre, the true or magnetic meridian,
boundary line, title, date and scale. Any area from which the sewerage
is to be pumped shall be indicated clearly. All sheets shall be numbered.
(b)
Symbols. Sewers to be built now and to be constructed later
shall be shown by solid and dashed lines respectively. Existing sanitary
sewers shall be shown by special designation. All topographical symbols
and conventions shall be the same as the ones of the United States
Geological Survey.
(c)
Elevations. All permanent bench marks of New Jersey Coast and
Geodetic Survey shall be shown. Elevations of streets shall be placed
outside the street lines. The elevations of sewer inverts, shown as
street intersections, ends of lines and at changes of grades, shall
be written parallel with the sewer lines and between the street lines.
The elevation of street surfaces and manhole rims shall be shown to
the nearest 0.01 foot, the sewer inverts to the nearest 0.01 foot.
(d)
Distances, grades and sizes. The distances and stationing between
manholes, grades in decimals and sewer sizes and material shall be
shown on the plans. Arrows shall show the direction of the flow.
(e)
Profiles. Profiles shall show all manholes, siphons, pumping
stations, and elevations of stream crossings, gradients and sizes
of sewers, surface elevations and sewer inverts shall be shown at
each manhole. They shall be drawn to standard engineering scale, and
the scales shall also be shown on each street.
(f)
Details of construction of manholes, etc. The standard details
of the Borough for manholes, building service connections, siphons,
etc., shall accompany the plans. Details shall be drawn to standard
scales to show clearly the nature of design.
(g)
Detailed plans for sewerage pumping stations and appurtenant
odor control devices of a type acceptable to the Borough Engineer
shall be provided.
(6)
Complete specifications for the construction of the proposed
sewerage system and appurtenances, including sewage pumping stations
shall accompany the plans.
(7)
A detailed estimate of the entire cost of construction shall
be furnished. This estimate shall include cost of right-of-way, inspections,
as-built plans, etc.
(8)
Construction standards.
(a)
Sewer connections shall be made to a street main only under
the inspection of the Borough Engineer, Sewer Utility Superintendent
or Borough Plumbing Subcode Inspector. Connection to the sewer shall
be made through an approved wye, wye saddle or manhole-stub. Connections
shall be watertight and shall be in accordance with the Borough's
standard details. Connection to an existing manhole shall be made
with a coring machine where a stub or knockout bulkhead has not been
provided.
(b)
Concrete pipe shall meet all requirements of ASTM Specifications
C 76, latest revisions. All pipe shall be Class III strength except
where stronger pipe is required.
(c)
PVC pipe shall meet ASTM D3034 — SDR 35, latest revision.
PVC force main shall comply with AWWA C-900, latest revision and pressure
class required by the Borough Engineer.
(d)
Cement lined ductile iron pipe shall be Class 52 and must meet
AWWA C104 and C151, latest revision.
(e)
When the cover above the sewer pipe is three feet or less, a
higher strength pipe, ductile iron pipe or concrete cradle or encasement
shall be required.
(g)
Ordinary bedding shall be required as per the appropriate section
contained in the water distribution requirements of these standards.
(h)
Concrete cradle bedding shall be as specified in the appropriate
section contained in the water distribution system.
(i)
Concrete encased pipe bedding shall be as specified in the water
distribution system standards.
(j)
Manholes shall be provided at ends of sewer lines, at intersections
and at changes of grade or alignment. Distances shall not exceed 400
feet for sizes 18 inches or less. Where sewers enter manholes at elevations
two feet or more above the invert, an external drop line shall be
constructed, and comply with ASTM C478-64T, latest revision.
(k)
Manhole frames and covers shall be of cast iron conforming to
specifications ASTM A-48, latest revision. Manholes in roadways shall
have nonpenetrating pickholes. Manholes in all areas subject to flooding
shall be watertight. Manhole covers shall be cast with Borough designation
as shown on the detail sheet.
(l)
Pumping stations. The type of sewage pumping station to be utilized
shall be determined on an individual basis by the Borough Engineer.
The following general criteria will be applicable to all sewage pumping
stations:
[1]
The wet well shall have at least a 1:1 slope toward the pump
intake. Raw sewage shall be screened before pumping. At least two
pumps shall be designed, each capable of handling the total peak flow.
If more than two pumps are used, their capacity shall be such that
upon the failure of the largest pump, the others will handle the peak
flow.
[2]
Force main velocities shall be not less than three feet per
second at normal pumping rates.
[3]
All pump stations shall have watertight and lockable access
covers. The detention time of the wet well shall not exceed 10 minutes
at average daily flow.
[4]
All pumping stations shall be provided with odor control devices,
approved by the Borough Engineer, for control of odors emanating from
the raw sewage received at the station.
[5]
Pump controls and alarm conditions shall utilize encapsulated
mercury switches designed for use with sewage.
[6]
All pump stations shall be provided with an emergency power
source housed in a masonry building approved by the Engineer.
[7]
All force main headers shall have sewage-type gate and swing
check valves.
[8]
A cleanout/emergency bypass chamber shall be provided.
[9]
Automatic audible and visual alarms shall be installed independently
of station power and they shall give warning of illegal entry, lag
pump on, high water and power failure conditions. Telemetry equipment
shall be provided to transmit the alarm conditions to the receiving
point designated by the Borough. All pump stations shall be enclosed
in a six-foot chain link fence. Complete repair tools, accessories,
and four bound sets of complete operation and maintenance manuals
shall be provided with the pump station.
[10]
Separate gates must be provided for pedestrian
and truck use.
[11]
Detailed estimates of operating and maintenance
costs of the proposed pumping station must be submitted.
(m)
Approval of plans by state agencies and others. Approval of
plans, a permit to construct, and a permit to operate by the Regional
Utilities Authority and/or the New Jersey State Department of Environmental
Protection must be obtained by the applicant before the Borough's
final approval will be given. The applicant shall obtain permits for
all stream crossings or encroachments from the New Jersey Department
of Environmental Protection. Permits to construct sewers and/or other
structures within the right-of-way limits of state, county and municipal
roads and all railroads must be secured and paid for by the applicant.
(n)
The applicant must secure any necessary clearance from any public
utility involved.
(o)
Testing of completed sewerage. All sewers shall be subjected
to an infiltration and/or exfiltration test as may be determined by
the Borough Engineer. Exfiltration tests shall be constructed in lieu
of infiltration tests when the pipe has been laid above the groundwater
level. The tests shall be performed between two manholes or as otherwise
directed by the Borough Engineer and shall include all related system
components including the house connection.
(p)
The contractor shall furnish all labor, material and equipment
necessary for the testing.
(q)
Exfiltration tests shall be under at least a four-foot head
or a pressure corresponding to a head equal to the depth of the lower
manhole of the section under test.
(r)
Allowable infiltration or exfiltration shall not exceed a rate
of 10 gallons per mile per inch of diameter of sewer per 24 hours
for gravity sewers. Allowable exfiltration for force mains shall not
exceed:
L
|
=
|
Allowable leakage (GPH)
|
N
|
=
|
Number of joints tested
|
P
|
=
|
Average test pressure
|
D
|
=
|
Nominal diameter of pipe
|
(s)
All gravity sewers, siphons and force mains with infiltration
or exfiltration in excess of the permissible limit shall be repaired,
or removed and replaced, before proceeding with construction.
(t)
Use of system.
[1]
During construction and before final acceptance, the Borough
shall have the right to use any portion completed without waiving
their right to order correction of any defects.
[2]
Use of the system for the discharge of sump pumps, or drainage from cellar drains, leaders, downspout, drainage tile, developers cellar pits or other criteria set forth in Chapter 205, Water and Sewers, shall not be permitted.
[3]
Sewage delivered into the facilities shall comply with the requirements
of Regional Utilities Authority treating the sewage from the site
and specifically shall not:
[a]
Be of such a nature and in such quantity as to
impair the hydraulic capacity of such facilities, normal and reasonable
wear and usage expected.
[b]
Be of such a nature as to, by either chemical or
mechanical action, impair the strength or the durability of the sewer
structures;
[c]
Be of such a nature as to create explosive conditions
in such facilities;
[d]
Have a flash point lower than 187° F., as determined
by the Tagliabue (Tag.) close up method;
[e]
Have a pH index value lower than 5.0 or higher
than 9.0;
[f]
Include any radioactive substances, unless the
municipality and Regional Utilities Authority shall have given written
consent to its inclusion;
[g]
Include any garbage than that received directly
into public sewers from residences, after proper shredding, unless
the municipality and Regional Utilities Authority consent to its inclusion.
(u)
Within 30 days after construction and before final acceptance
by the Borough, the applicant is to furnish the Borough one Mylar
tracing of as-built drawings in ink, acceptable to the Borough Engineer,
and six sets of prints (black on white) of each drawing showing the
sewers, connections, etc., as constructed.
(v)
The as-built plans shall accurately show the completed sewer
system in sufficient detail to permit the future location and determination
of all components of the system, including sewer lines, manholes,
wyes or connections, service lines, clean outs and other pertinent
features. The size and type of the components shall be indicated and
shall be dimensioned and tied to existing physical features such as
manholes, curbs, and buildings as may be appropriate. The plan and
profile shall indicate invert in and out elevations of all pipes at
manholes and as-built slopes of all pipelines.
(w)
Preliminary as-builts may be required by the Borough Engineer
prior to paving in order to insure facilities locations, beneath paved
area.
B.
It is the developer's responsibility to expand any on-tract public
sanitary sewers to the limits of the tract boundary line to service
future development and to conform to the Borough's Master Plan. Moreover,
it is the developer's responsibility to maintain all sanitary sewer
improvements within partially completed developments.
(1)
Assume full responsibility for adequate and regular collection
and removal of all refuse, except to the extent such services are
provided by the Borough, in which case the property owner shall assume
full responsibility for compliance with all regulations governing
the provision of those services.
(2)
Comply with all applicable regulations of the New Jersey Department
of Environmental Protection.
(3)
Permit no accumulation on the property of any solid waste, junk
or refuse.
(4)
Comply with all provisions of the State Sanitary Code, Chapter
VIII, Refuse Disposal, Public Health Council of the New Jersey Department
of Health.
(5)
Provide adequate, covered solid waste containers, except where
provided by the Borough, which are not to be stored within the public
view and which are to be secured from vandalism. Compactor units shall
afford completely sealed operation and shall be provided efficient
vehicular access by collection vehicles.
C.
Ventilation. No use shall obstruct the natural ventilation of adjacent
uses nor contaminate the air with excessive heat or odor. Further,
no air conditioners or exhaust fans shall be permitted to discharge
exhausted air unless they comply with the minimum building setback
requirements of this chapter and are equipped with baffles to deflect
the discharged air away from the adjacent use.
D.
Vibration. There shall be no vibration which is discernible to the
human senses of feeling beyond the immediate lot.
E.
Dust. Dust due to nonagricultural operations shall not be permitted
to escape beyond the immediate lot.
F.
Radiation. No use shall produce levels of radiation in excess of
the level established by the Radiation Protection Act, L. 1958, c.
116 (N.J.S.A. 26:2D-1 et seq.) and any standards promulgated pursuant
thereto by the New Jersey Department of Environmental Protection.
G.
Air, water and environmental pollution. No use shall emit any pollutant
into the ground, water or air that exceeds the most stringent applicable
federal, state or local statute, regulation and ordinance.
H.
Nuisance. No use shall produce any nuisance, any identifiable source
of injury or sickness, foul or noxious waters, gases or vapors which
may be hazardous or injurious to the public health, safety and welfare.
A.
All subdivisions, site plans and dwelling units shall be provided
with water distribution facilities in such a manner as to provide
adequate and continuous potable water to each buildable lot within
the development or site. The water system shall be so designed to
provide a minimum of 20 psi on the highest floors of proposed structures
in accordance with the State Uniform Construction Code.[1]
B.
All water distribution systems shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements or right-of-way in accordance with § 120-610 of this chapter, entitled "Easements."
C.
All potable water distribution systems shall be designed in accordance
with the recommendations of the American Water Works Association,
Inc. (AWWA), and the requirements of the New Jersey Department of
Environmental Protection, Division of Water Resources and applicable
Borough ordinances.
D.
The following potable water system standards are required for all
developments to be served.
(1)
A complete engineer's report, setting forth the basis of design,
average daily, peak daily and peak hourly demands shall be submitted.
(2)
All water distribution mains shall conform to the Borough's
Water System Master Plan where applicable.
(3)
Depending upon existing system and pressure gradient, all water
mains shall be designed for a minimum working pressure of 150 psi
unless higher pressure ratings are required. Water main size shall
be a minimum of eight inches in diameter and provide a minimum flow
rate of 1,000 gpm at all hydrants unless otherwise approved. Water
mains shall be designed with Hazen-Williams coefficient C of 120.
All water main sizes, flow rates and hydrant locations shall be subject
to change and approval by the Borough Fire Subcode Official. Water
mains shall be looped to avoid dead ends. Six-inch diameter water
mains may be approved when deemed acceptable by the Engineer.
(4)
Materials and details of construction shall comply with other
applicable sections of these requirements.
(5)
A general map of the entire project shall be furnished showing
water mains, hydrants, main valves, lateral locations, etc.
(6)
Plans shall show all water distribution, sanitary sewer and
drainage facilities and shall be of a uniform size, 24 inches by 36
inches, with a one-half-inch border on top, bottom and right side,
and a two-inch border on the left side, the last one for binding.
The placement of electric lines within water sanitary, or storm sewer
trenches is strictly prohibited.
(7)
The plans shall show the following.
(a)
Details. The plans shall show contours of all existing and proposed
streets, and surface elevations of all breaks in grade and street
intersections, the true or magnetic meridian, boundary line, title,
date and scale. All sheets shall be numbered.
(b)
Symbols. Water mains to be built now and to be constructed later
shall be shown by solid and dashed lines respectively. Existing water
mains shall be shown by special designation. All topographical symbols
and conventions shall be the sane as the ones of the United States
Geological Survey.
(c)
Profiles. Profiles shall show all water mains, valves, hydrants,
stream crossings, and clearance between sanitary and storm sewers
and other underground utilities. The size and material of the water
mains and the inverts of the water mains to the nearest 0.1 foot using
a USGS datum shall be shown. They shall be drawn to standard engineering
scale and the scale shall be shown on each sheet. An index of streets
shall also be shown on each sheet.
(d)
Details of construction. The standard details of the Borough
for hydrants, valves, valve boxes, individual water service, sanitary
sewer-water main clearances, etc., shall accompany the plans. Details
shall be drawn to standard scales to show clearly the nature of design.
(8)
Construction standards.
(a)
Water connections shall be made to a street main only under
the supervision and inspection of the Borough Engineer or Water Utility
Superintendent. Connection to the main shall be made with a wet tap
machine and AWWA approved service saddles, tapping sleeves, valves
and other appurtenances.
(b)
All underground components of the water distribution system
shall be installed with a minimum cover of four feet or below the
most severe frost line, whichever is greater.
(c)
Pipe.
[1]
Cement lined ductile iron pipe and fittings shall meet the standards
of AWWA C150, AWWA C151, AWWA C110 and AWWA C104 1A test revisions.
The minimum allowable pipe class shall be Class 52.
[2]
All joints for the water main, shall be of the push-on joints
type utilizing a neoprene rubber gasket with bronze conductivity wedges
or mechanical joints using lead tipped gaskets. Joints shall meet
the standards of AWWAC 111, latest revision.
(d)
Valves shall meet AWWA Standard C509, latest revision, for resilient-seated
nonrising stem gate valves. All valves should open counterclockwise.
(e)
Valve boxes, curb boxes, and meter boxes shall be constructed
of the finest quality gray cast iron and meet all applicable AWWA
standards.
(f)
Corporation cocks and curb stops shall be constructed of the
finest quality red brass and meet all applicable AWWA standards.
(g)
Service piping.
[1]
All service line one-inch through two inches shall be soft temper
type K meeting standard ASTM B88, latest revision. Copper piping may
be used to a nominal size of four inches.
[2]
Cement lined ductile iron pipe shall meet AWWA standards C150,
C151, C110, C111, and C104, latest revisions.
[3]
Other service piping shall be permitted as specified in the
State Uniform Construction Code. Nonmetallic pipe shall be wrapped
with magnetic tracer wire or tape.
(h)
The service saddle shall meet ASTM A536 and A307, latest revisions,
when required.
(i)
The fire hydrant shall be installed in accordance with the Borough's
standard detail, and shall be model Centurian as manufactured by Mueller
Company.
(j)
Water meters on water services shall be subject to approval
by the Water Utility Superintendent and meet the latest standards
of AWWA Sections C700-C708. Turbine meters shall not be permitted.
(k)
Ordinary bedding shall be utilized for the installation of mains
except where subsurface conditions require special stone bedding or
concrete cradle bedding, by the Borough Engineer. Ordinary bedding
shall be defined as that method of bedding mains in which the main
is bedded, on approved granular material, with ordinary care in an
earth foundation shaped to fit the lower part of the main exterior
with reasonable closeness for a width of at least 50% of the main
diameter; and in which the remainder of the main is surrounded to
a height of at least 0.5 feet above its top with approved granular
material, shovel placed and shovel tamped to completely fill all spaces
under and adjacent to the main; all under the general direction of
the Borough Engineer or Water Utility Superintendent during the course
of construction. In all cases the type and amount of granular material
shall be approved by the Borough Engineer.
(l)
Concrete cradle bedding is that method of bedding mains in which
the lower part of the main exterior is bedded in two-thousand-pound
concrete without reinforcement, having a minimum thickness under the
pipe of 1/4 its nominal internal diameter and extending upward to
a height equal to 1/2 of the nominal inside diameter and same shall
be utilized where so ordered by the Borough Engineer.
(m)
Concrete encased pipe bedding is that method of bedding main
in which the entire exterior is encased in three-thousand-pound concrete
or better and same shall be utilized where ordered by the Borough
Engineer.
(n)
All water mains shall be extended along the entire frontage
of the site to the farthest property limit from the existing main.
(o)
Valves shall be provided at the intersection of each street
and shall be a maximum of 1,000 feet apart. Accordingly, three gate
valves are required at T-type intersections. Valves shall be provided
between the water main and fire hydrant, upstream of all wet taps
for water main extensions, at all wyes, tees and crosses in the mains,
and at other locations recommended by the Borough Engineer or Water
Utility Superintendent.
(p)
Thrust blocks to resist any movement in mains and fittings shall
be placed at valves, fittings, reducers, tees, crosses, bends, hydrants
and dead ends.
(q)
All thrust blocks shall be cast-in-place concrete, 3,000 psi
strength. All bearings surfaces of thrust blocks shall be against
undisturbed soil. The use of epoxy coated anchor rods and fittings
or mechanical joint retainer glands may be required at the discretion
of the Borough Engineer or Water Utility Superintendent.
(r)
Fire hydrants shall be located as directed by the Borough Engineer
and/or Fire Subcode Official and shall be required at the end of all
dead-end mains and a maximum of 500 feet apart as measured along the
curbline of the roadway. Hydrants shall be provided at all high spots
as a means of air release and at low spots as a point of flushing/blow
off. Fire hydrants shall be equipped with six-inch gate valves and
shall be constructed with the Borough's standard details.
(9)
Approval of plans by state agencies and others. In the event
that required approval(s) from a governmental agency other than the
Borough reviewing agency is pending, the approving agency may, in
appropriate instances and upon good cause demonstrated by the applicant,
condition its final approval upon the subsequent approval of such
governmental agency.
(a)
Conditional approval shall not be granted without evidence confirming
that required applications have been properly submitted and pursued.
(b)
Conditional approval granted by the Borough reviewing agency
shall be for an initial period not to exceed 65 days. In the event
that the pending approval or permit has not been obtained upon the
expiration of the conditional period, the approval granted by the
reviewing agency shall be null and void.
(c)
The approving authority may, upon application and for good cause
demonstrated, extend the conditional approval for additional period,
each not exceeding 65 days.
(10)
Testing of the completed water system. The water distribution
system shall be subject to a hydrostatic test in accordance with Section
4 of AWWA Standard C-600, latest revision, with a pressure between
150 psig and 250 psig as directed by the Borough Engineer or Water
Utility Superintendent. Any joint or component of the distribution
system having a visible leak during testing shall be repaired or replaced
prior to continuing construction.
(11)
Disinfection of water system. After completion of the public
water supply (including transmission and distribution mains and distribution
system tanks), all surfaces with which adequately protected water
may come into contact shall be effectively disinfected in accordance
with AWWA C601, and/or NJDEP Safe Drinking Water Act requirements,
latest revisions, and tested for the presence of bacteria by an NJDEP
certified laboratory, before being placed into service.
(12)
Use of system.
(a)
During construction and before final acceptance, the Borough
shall have the right to use any portion completed without waiving
their right to order correction of any defects.
(b)
The water supplied through the distribution system shall be
properly chlorinated and treated to meet the potable water standards
of the New Jersey Department of Environmental Protection, latest revision.
(c)
The water distribution system shall be protected from contamination
by sewage, radioactive, toxic, biological and other materials which
may pose a hazard to public health and welfare by air-gap or backflow
prevention devices meeting AWWA 506, latest revision.
(13)
Within 30 days after construction, and before final acceptance
by the Borough, the applicant is to furnish the Borough one Mylar
tracing of as-built drawings in ink, acceptable to the Borough Engineer,
and six sets of prints (black on white) of each drawing showing the
water mains, connections, etc., as constructed.
(14)
The as-built drawings shall accurately show the completed water
system in sufficient detail to permit the future location and determination
of all components of the system including water mains, valves, fittings,
wet taps, corporations, services, curb stops and boxes, hydrants and
other pertinent features. The size and type of the components shall
be indicated and be dimensioned and tied to existing physical features
such as manholes, curbs, buildings, hydrants and other major items
acceptable to the Borough Engineer where blowup details are required
for clarity they shall be provided.
(15)
Preliminary as-builts may be required by the Borough Engineer
prior to paving in order to insure facilities locations beneath paved
areas.
(16)
All new residential and commercial units shall be equipped with
remote readout water meters installed in accordance with the Borough's
Utility Department.
A.
Easements along rear property lines or elsewhere for utility installation
shall be required. Such easements shall be at least 20 feet wide for
one utility and five additional feet for each additional utility and
be located in consultation with the companies or Borough Departments
concerned and, to the fullest extent possible, be centered on or adjacent
to rear or side lot lines.
B.
Floodplains and conservation easements shall be indicated on the
preliminary and final plats and shown in such a manner that their
boundaries can be accurately determined.
C.
The removal of fir trees and ground cover shall be prohibited in
a conservation easement or floodplain except for the following purposes:
the removal of dead and diseased trees; limited thinning of trees
and growth to encourage the most desirable growth; and the removal
of trees to allow for structure designed to impound water or in areas
to be flooded in the creation of ponds or lakes.
D.
The boundary line of any easement shall be monumented along one side
at its intersection with all existing or proposed street lines. Such
easement dedication shall be expressed on the plat as follows: "__________
easement granted to the Borough of Spotswood as provided for in the
ordinances of the Borough of Spotswood and a deed of easement shall
be provided for all easement to the Borough of Spotswood."
A.
Purpose: A section requiring dumpsters and other refuse containers
that are outdoors or exposed to stormwater to be covered at all times
and prohibiting the spilling, dumping, leaking, or otherwise discharge
of liquids, semi-liquids or solids from the containers to the municipal
separate storm sewer system(s) operated by the Borough of Spotswood
and/or the waters of the state so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
B.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
PERSON
REFUSE CONTAINER
STORMWATER
WATERS OF THE STATE
Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Borough of Spotswood or other public body, and is designed
and used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow-removal equipment.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
C.
Covering of containers and dumpsters; prevention of leaks and discharges.
(1)
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
(2)
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Spotswood.
D.
Exceptions.
(1)
Permitted temporary demolition containers;
(2)
Litter receptacles (other than dumpsters or other bulk containers);
(3)
Individual homeowner trash and recycling containers;
(4)
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit;
(5)
Large bulky items (e.g., furniture, bound carpet and padding,
white goods) placed curbside for pickup.
E.
Enforcement. This section shall be enforced by the Code Enforcement
Officer of the Borough of Spotswood.
F.
Penalties. Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,250.
A.
Purpose: A section requiring the retrofitting of existing storm drain
inlets which are in direct contact with repaving, repairing, reconstruction,
or resurfacing or alterations of facilities on private property, to
prevent the discharge of solids and floatables (such as plastic bottles,
cans, food wrappers and other litter) to the municipal separate storm
sewer system(s) operated by the Borough of Spotswood so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
B.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORM DRAIN INLET
WATERS OF THE STATE
Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Borough of Spotswood or other public body, and is designed
and used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
C.
Prohibited conduct. No person in control of private property (except
a residential lot with one single-family house) shall authorize the
repaving, repairing (excluding the repair of individual potholes),
resurfacing (including top coating or chip sealing with asphalt emulsion
or a thin base of hot bitumen), reconstructing or altering any surface
that is in direct contact with an existing storm drain inlet on that
property unless the storm drain inlet either:
D.
Design standard. Storm drain inlets identified in Subsection C above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this Subsection D, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection D(3) below.
(1)
Grates.
(a)
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
[1]
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
[2]
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inches across the smallest dimension.
(b)
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
(2)
Whenever design engineers use a curb-opening inlet, the clear
space in that curb opening (or each individual clear space, if the
curb opening has two or more clear spaces) shall have an area of no
more than seven square inches, or be no greater than two inches across
the smallest dimension.
(3)
This standard does not apply:
(a)
Where the Municipal Engineer agrees that this standard would
cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets that
meet these standards;
(b)
Where flows are conveyed through any device (e.g., end-of-pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(c)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars; or
(d)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register-listed historic property.
E.
Enforcement. This section shall be enforced by the Code Enforcement
Officer of the Borough of Spotswood.
F.
Penalties. Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,250 for
each storm drain inlet that is not retrofitted to meet the design
standard.
A.
Basis of floodplain areas.
(1)
The basis for the delineation of floodplain areas within Spotswood
Borough was the Flood Insurance Rate Maps prepared by the Federal
Emergency Management Agency and dated February 16, 1990. The mapping
of the one-hundred-year floodplain areas is indicated on the map entitled
"One-Hundred-Year Flood Hazard and Freshwater Wetlands Map," which
is found in the Borough's 1994 Land Use Plan Update, although it is
recognized that more floodplain areas exist in the Borough than those
mapped. Any mapping of the flood hazard areas by the New Jersey Department
of Environmental Protection shall take precedence.
(2)
Additionally, while information depicted on the map has been
prepared as accurately as possible, nevertheless, it must be understood
that detailed information mapped at such a large scale may not represent
the actual conditions on any particular parcel of land. Therefore,
the information is not intended to take the place of specific on-site
engineering data presented to and subjected to independent verification
by the Borough at the time applications are submitted for approval
of a subdivision, site plan, construction permit, and/or any other
application which considers floodplain information.
B.
Purpose of regulations for floodplain and stream corridor areas.
The purpose of these regulations is:
(1)
To protect floodplains and stream corridors so that floodwater
may have a natural course to follow and so that the watercourse is
not constricted or altered in a manner that will increase water velocities
or create a dam.
(2)
To allow water levels to rise without danger to persons, animals
or property and cover larger land surfaces for the purposes of greater
water percolation and recharge of the underground water supply.
(3)
To promote the development of a park-like network throughout
the Borough of Spotswood along stream corridors.
(4)
To permit only that development of flood-prone areas and stream
corridors within Spotswood Borough which:
(a)
Is appropriate in light of the probability of flood damage and
the need to reduce flood losses;
(b)
Represents an acceptable social and economic use of the land
in relation to the hazards involved;
(c)
Does not increase the danger to human, plant or animal life;
and
(d)
Provides that no decrease in the amount of available storage
for floodwaters within the floodplain results from any development.
(5)
To prohibit any other types of development including, without
limitation, the dumping of solid or hazardous waste, the construction
of subsurface sewage disposal systems, the storage of any petroleum
products, the addition or removal of fill and the altering of watercourses,
temporary roadways and grading, and to retain areas adjacent to streams
free from structures and other obstructions.
(6)
To protect property from the adverse effects of flooding, erosion,
loss of vegetation, seepage, and downstream deposits of silt, gravel
and stone, and to prevent burdensome costs to the public arising from
such damage and its repair.
(7)
To protect other municipalities within the same watersheds from
improper stream corridor development and the increased potential for
flooding or for reduced stream flows in dry weather.
(8)
To prevent disturbance to the ecological balance between wildlife,
plant and marine life, which are dependent upon watercourses and their
protective floodplains and slopes.
C.
Applicability and interpretation.
(1)
This section of the chapter regulates development in the following
two ways:
(a)
By protecting stream corridors, as defined in § 120-613 hereinbelow, from the type and intensity of development which would be destructive to their special environmental importance and harmful to the health and general welfare and to properties downstream; and
(b)
By mitigating flood hazards within flood hazard areas pursuant
to the requirements of the National Flood Insurance Program. These
regulations are, in part, intended to satisfy federal requirements
in order to make flood insurance available within Spotswood Borough.
(2)
Except in limited cases, the stream corridor requirements of § 120-613 do not permit structures within the stream corridor as defined in § 120-613D hereinbelow which, by that definition, includes flood hazard areas. The flood hazard mitigation requirements in § 120-613F apply only in those limited cases where structures or substantial improvements to structures are permitted.
D.
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
CHANNEL
DELINEATED STREAM
DESIGN FLOOD PROFILE
DEVELOPMENT
ELEVATED BUILDING
FLOOD ELEVATION DETERMINATION
FLOOD FRINGE AREA
FLOOD HAZARD AREA
FLOOD HAZARD AREA DESIGN FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
FLOODPLAIN
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPROOFING
FLOODWAY
FREEBOARD
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
NEW CONSTRUCTION
RECREATION VEHICLE
START OF CONSTRUCTION
STREAM
STREAM CORRIDOR
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
Definitions.
A request for the review of the Borough Construction Official's
interpretation of any provision of this section or a request for a
variance from the Planning Board.
A designated AO or VO Zone on the Flood Insurance Rate Map
(FIRM.) The base flood depths range from one to three feet; a clearly
defined channel does not exist; the path of flooding is unpredictable
and indeterminate; and velocity flow may be evident.
Land in the floodplain within the Borough subject to a 1%
or greater chance of flooding in any given year.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The area of any building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
The bed and banks of the watercourses located within the
boundaries of the Borough of Spotswood which convey the normal flow
of said watercourses most of the time.
A stream that has a delineated floodway officially adopted
by the New Jersey Department of Environmental Protection pursuant
to N.J.A.C. 7:13.
The elevations of the water surface of the floodway design
flood and the flood hazard area design flood.
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, mining,
dredging, or storage of equipment or materials filling, grading, paving,
excavation or drilling operations or storage of equipment or materials.
A nonbasement building built to have the top of the elevated
floor elevated above the ground level by means of piling, columns
(posts and piers) or shear walls parallel to the flow of the water
and adequately anchored so as not to impair the structural integrity
of the building during a flood of up to the magnitude of the base
flood. "Elevated building" also includes a building elevated by means
of fill or solid foundation perimeter walls with openings sufficient
to facilitate the unimpeded movement of floodwaters.
The determination of the water surface elevations of the
design flood, i.e., the flood level that has a 1% or greater chance
of occurrence in any given year.
The portion of the flood hazard area not designated as the
floodway.
The floodway and the flood fringe area of a delineated stream.
The one-hundred-year storm in nondelineated areas and the
one-hundred-year storm plus 25% in delineated areas.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Boundary-Floodway
Map and the water surface elevation of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry areas from:
The relatively flat area adjoining the channel of a natural
stream which has been or may be hereafter covered by floodwater.
State or local regulations, in any combination thereof, which
provide standards for the purpose of flood damage prevention and reduction.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a natural stream and portions of the flood
hazard area adjoining the channel which are reasonably required to
carry and discharge the floodwater or flood flow of any natural stream
without accumulatively increasing the water surface elevation any
more than 0.2 feet.
A factor of safety usually expressed in feet above the base
flood elevation. Freeboard tends to compensate for the many unknown
factors that could contribute to flood heights greater than the base
flood elevation.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district preliminarily determined by the Secretary to qualify
as a registered historic district;
Individually listed on a state inventory of historic places
approved by the Secretary of the Interior; or
The lowest floor of the lowest enclosed area, including a
basement. An unfinished or flood-resistant enclosure, usable solely
for the parking of vehicles, building access or storage in an area
other than a basement is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of other applicable nonelevation design requirements.
A structure, transportable in one or more sections which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
the purposes of floodplain management, the term "manufactured home"
includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include park trailers,
travel trailers or other similar recreation vehicles.
A parcel (or contiguous parcels) of land divided into two
or more manufactured homes lots for rent or sale.
Structures for which the start of construction commenced
on or after the effective date of this chapter.
A vehicle which is built on a single chassis; 400 square
feet or less when measured at the largest horizontal projections;
designed to be self-propelled or permanently towable by a light-duty
truck; and designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel
or seasonal use.
Includes substantial improvement and means the date the building
permit was issued, provided the actual start of construction, repair,
reconstruction, placement, or other improvement commenced within 180
days of the permit date. The actual start means either the first placement
of permanent construction of a structure on a site such as the pouring
of a slab or footings, the installation of piles, the construction
of columns, or any work beyond the stage of excavation, or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling,
nor does it include the installation of streets and/or walkways, nor
does it include excavation for a basement, footings, piers or foundations
or the erection of temporary forms, nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
A watercourse having a drainage area of over 50 acres.
Includes the area within a floodway, floodplain, flood hazard
area and buffer strips 100 feet from the top of the channel banks
of the stream. If the floodplain or flood hazard area extends for
more than 100 feet from the top of the channel bank, said larger area
shall be the stream corridor.
For floodplain management purposes, a walled or roofed building,
a manufactured home, including without limitation gas or liquid storage
tanks, that is principally aboveground. For insurance purposes, "structure"
means a walled and roofed building, other than a gas or liquid storage
tank, that is principally aboveground and affixed to a permanent site.
For the latter purpose, the term includes a building while in the
course of construction, alteration or repair but does not include
building materials or supplies intended for use in such construction,
alteration or repair, unless such material or supplies are within
an enclosed building on the premises.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure before the start of construction of the improvement. The
term includes structures which have incurred substantial damage regardless
of the actual repair work performed. The term does not, however, include
either:
Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which
is solely necessary to assure safe living conditions; or
Any alteration of a structure listed on the National Register
of Historic Places or the State Register of Historic Places.
A grant of relief by the Planning Board from the requirements
of this section permitting construction in a manner otherwise prohibited
by this section because the literal enforcement would result in unnecessary
hardship.
E.
Site plan review.
(1)
All proposals for any development within a floodplain or stream
corridor area shall require site plan approval by the Planning Board
in accordance with Article 900 of this chapter; provided, however,
that when a plan does not include the construction of permanent buildings
or structures but, instead, includes such work as grading, landscaping,
work associated with agricultural uses and similar uses, and where,
upon the recommendation of the Borough Construction Official, the
proposed work is of such a minor nature that Planning Board review
is not required, the need for site plan approval by the Planning Board
may be waived by the Board. In any case, all other requirements of
this section shall apply, and before the work actually begins, the
Borough Construction Official shall have issued, in writing, his approval
to proceed with the work.
(2)
Review of proposal by Construction Official.
(a)
When a proposal for development within a floodplain or stream
corridor is made to the Borough, initially the Borough Construction
Official shall review the proposal to:
[1]
Determine that the requirements of this section have been satisfied;
[2]
Determine that all necessary approvals have been obtained from
those federal, state or other local governmental agencies from which
prior approval is required;
[3]
Determine if the proposed development is located in the floodway,
and, if so, assure that the encroachment provisions pertaining to
floodway are met; and
[4]
Determine whether any plans for walls to be used to enclose
space below the base flood level comply with applicable requirements.
(b)
After the review is completed, the Borough Construction Official
shall inform the Planning Board of the findings.
(4)
In addition to the applicable information required for site plan approval stipulated in either § 120-903 or 120-904 of this chapter, as applicable, the following additional information shall be provided:
(a)
Proposed finished grade elevations at the corners of any structure
or structures on U.S.G.S. datum.
(b)
Elevation in relation to mean sea level of the lowest floor
(including basement) of all structures, existing and proposed.
(c)
Elevation in relation to mean sea level to which any structure,
existing or proposed, has been or will be floodproofed.
(d)
Certification by a New-Jersey-registered professional engineer
or architect that the floodproofing methods for any nonresidential
structure meet the floodproofing criteria established by this section.
(e)
Description of the extent to which any watercourse will be altered
or relocated as a result of the proposed development. Where alteration
or relocation of a watercourse is proposed, notification of the proposed
alteration or relocation must be provided to adjacent municipalities
and proof of such notification submitted to the Federal Insurance
Administration and the New Jersey Department of Environmental Protection.
(f)
The extent of proposed or previous filling, cutting or regrading
of the land, if any.
(g)
The location, type and size of all existing and proposed erosion
and siltation control measures, such as slope protection soil stabilization,
sedimentation basins, sediment trap headwalls and aprons.
(h)
Proof of stream encroachment lines (floodway) obtained from
the New Jersey Department of Environmental Protection. Where stream
encroachment lines have not been established by the New Jersey Department
of Environmental Protection, the following rules shall be utilized
to determine the floodway delineation:
[1]
Concerning hydrology methods that are acceptable are those outlined
in "Technical Manual For Stream Encroachment" August, 1984, Section
3.1, published by the State of New Jersey, Division of Coastal Resources,
Bureau of Floodplain Management, as amended.
[2]
Concerning hydraulics:
[a]
Water surface profiles shall be computed using
the Step-Backwater method of analysis;
[b]
Computations shall begin at a suitable control
point at least 500 feet downstream from a project;
[c]
Normal depth computed using Manning equation may
be used as the starting elevation if the channel is of uniform cross
section and slope, and it can be demonstrated that flow is not affected
by backwater caused by downstream obstructions;
[d]
Water surface profiles shall be computed based
upon existing topography, proposed structures, and changes of topography
proposed by the applicant; and
[e]
Encroachment lines shall be set at or outside the
floodway.
(5)
The applicant should be prepared to present evidence that the
proposal:
(a)
Has an inherently low flood damage potential.
(b)
Either acting alone or in combination with the existing or future
uses will not obstruct flood flows or increase flood heights and/or
velocities or reduce ground absorption or storage volume of stormwater.
(c)
Does not affect adversely the water-carrying or storage capacity
of the channel, floodway or flood fringe areas.
(d)
Does not increase local runoff and erosion and provides proper
drainage of the area to an existing adequate watercourse or drainage
system.
(e)
Does not unduly stress or degrade the natural environment of
the floodplain or degrade the quality of surface water or the quality
or quantity of groundwaters.
(f)
Does not require channel modification or relocation.
(g)
It is set forth in this chapter as a permitted use.
(h)
It is not a prohibited use in that portion of the floodway,
floodplain or stream corridor where proposed to be located.
(6)
Where required by the Planning Board, the applicant shall furnish
information relating to subsurface conditions based on percolation
tests and soil borings or probes. Test borings or probes shall be
performed by a licensed professional engineer and shall be in accordance
with acceptable engineering standards and practices. Written notification
of intention to conduct such tests shall be forwarded to and received
by the Borough Engineer at least two working days prior to testing.
A detailed report of the test shall be submitted to the Planning Board
and the Borough Engineer for review.
(7)
When base flood elevation data has not been provided by the
Borough, its agents and employees shall obtain, review and reasonably
utilize any base flood elevation and floodway data available from
a federal, state or other source to administer this chapter.
(8)
The reasons the use cannot be located totally outside the stream
corridor area.
F.
Uses in floodway flood fringe and stream corridor areas.
(1)
Prohibited uses. No person shall hereafter engage in, cause or permit other persons to engage in prohibited uses in the floodway, flood-fringe, floodplain and stream corridor areas, unless specifically approved by the New Jersey Department of Environmental Protection. All uses not specifically permitted by § 120-613F(2) and (3) hereinbelow shall be prohibited.
(2)
Permitted uses in floodway. The following uses shall be permitted in the floodway provided the requirements of § 120-613F(2)(e) and § 120-613G of this chapter are satisfied:
(a)
Channel improvements or changes may be permitted only in connection
with stream improvements and stabilization, which improvements or
changes have the approval of the New Jersey Department of Environmental
Protection, the Middlesex County Planning Board and the Spotswood
Borough Planning Board.
(b)
The accepted practices of soil husbandry and farming as well
as recreational uses in the nature of parks, wildlife preserves, undeveloped
common open space, play yards, provided that no play equipment is
located in the floodway, picnic areas, boat landings and golf courses,
provided that a maintenance program to promote stabilization of stream
banks is established.
(c)
Installation, repairs or replacement of sanitary sewers and
appurtenances, and other utility lines and appurtenances.
(d)
Culverts, bridges, road or driveway crossings where no other
locations are feasible.
(e)
No encroachments, including fill, new construction, substantial
improvements, or other development shall be permitted unless a technical
evaluation demonstrates that encroachment shall not result in any
increase in floodlands during the occurrence of a flood having a one-percent
chance of being equaled or exceeded in any given year, unless specifically
approved by the New Jersey Department of Environmental Protection.
Any proposed use involving the removal of trees shall be undertaken
in accordance with the approval of the Spotswood Borough Planning
Board. Material, equipment or vehicles related to and used in conjunction
with a permitted use shall not be parked or stored in the floodway
area.
(f)
Stormwater management facilities.
(3)
Permitted uses in the stream corridor areas. Except for within
the floodway, the following uses shall be permitted in stream corridor
areas:
(a)
The accepted practices of soil husbandry and farming as well
as recreational uses in the nature of parks, wildlife preserves, undeveloped
open space, play yards provided no play equipment is located in the
stream corridor, picnic areas and golf courses, provided a maintenance
program to promote stabilization of stream banks is established.
(c)
Additions to preexisting structures not to exceed 25% of the
gross floor area of the structure preexisting the adoption of this
chapter.
(d)
Farm fences allowing free passage of floodwaters and debris.
(e)
Installation, repairs or replacement of sanitary sewers and
appurtenances and other utility lines and appurtenances.
(f)
Stormwater management facilities.
(g)
Culverts, bridges, road or driveway crossings where no other
locations are feasible.
G.
Conditions of approval. The Planning Board may impose such conditions
on permitted uses as it deems appropriate in order to promote the
public safety, health and welfare to protect public and private property,
wildlife and fisheries and to preserve and enhance the natural environment
of the stream corridor. No certificate of occupancy shall be issued
unless all conditions of approval have been complied with. In all
flood hazard areas, the following conditions are specified in any
case:
(1)
All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
(2)
All new construction and substantial improvements shall be constructed
by methods and practices that minimize flood damage.
(3)
All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system.
(4)
All new and replacement sanitary sewerage systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system
and discharges from the system into the floodwaters.
(5)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
(6)
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement of the structure.
(7)
All manufactured homes shall be anchored to resist flotation,
collapse or lateral movement. Methods of anchoring may include, but
are not limited to, the use of over-the-top or frame ties to ground
anchors. This requirement is in addition to applicable state and local
anchoring requirements for resisting wind forces.
(8)
All subdivision proposals shall be consistent with the need
to minimize flood damage.
(9)
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed
to minimize flood damage.
(10)
All new construction shall have electrical, heating, ventilation,
plumbing and air-conditioning equipment and other service facilities
designed and/or located as to prevent water from entering or accumulating
within the components during conditions of flooding.
(11)
All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood damage.
(12)
Appropriate and adequate controls on operations, sureties, deed
restrictions and maintenance bonds shall be provided.
(13)
The construction of stormwater detention and/or retention facilities,
channel modifications, dikes, levees and other protective measures
shall be required.
(14)
The installation of an adequate flood warning system shall be
required.
(15)
The postponement of development until such a time as any necessary
and required preconstruction protective measures are installed or
implemented shall be required.
(16)
New construction or substantial improvement of any residential
structure shall have the lowest habitable floor, including a cellar
or basement, elevated to one foot above the flood hazard area design
flood elevation (a one-foot freeboard.)
(17)
All new construction and substantial improvements with fully
enclosed areas below the lowest floor that are subject to flooding
shall be designed to automatically equalize hydrostatic flood forces
on exterior walls, by allowing for the entry and exit of floodwater.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect and must meet or exceed
the following minimum criteria: a minimum of two openings having a
total net area of not less than one square inch for every square foot
of enclosed area subject to flooding shall be provided. The bottom
of all openings shall be no higher than one foot above grade. Openings
may be equipped with screens, louvers, or other coverings or devices,
provided that they permit the unimpeded gravity flow entry and exit
of floodwater.
(18)
New construction or substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the
lowest floor, including a cellar or basement, elevated to one foot
above the design flood elevation (a one-foot freeboard) or, together
with the attendant utility and sanitary facilities, be floodproofed
so that below the design flood level the structure is watertight with
walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy. A licensed professional engineer or
architect shall certify that the standards and methods of construction
of this section are satisfied. Such certification shall be provided
to the Planning Board. Any or all of the following floodproofing measures
may be required:
(a)
Installation of watertight doors, bulkheads and shutters, or
similar devices.
(b)
Reinforced walls to resist water pressure.
(c)
Use of paints, membranes or mortars to reduce seepage of water
through walls.
(d)
Addition of weights to structures to resist flotation.
(e)
Installation of pumps to lower water levels of structures.
(f)
Pumping facilities or comparable measures for the subsurface
drainage systems of the building to relieve external foundation wall
and basement flood pressures. Over the sidewalk and under the sidewalk
gravity or sump pump drains are not permitted. All such drains shall
outlet into an existing adequate watercourse or drainage system.
(g)
Construction that resists rupture or collapse caused by water
pressure or floating debris.
(h)
Installation of valves or controls on sanitary and storm drains
which will permit the drains to be closed to prevent backup of sewerage
or stormwaters into the structure; gravity drainage of basements may
be eliminated by mechanical devices.
(i)
Location of all electrical equipment, circuits and installed
electrical appliances in a manner which will assure that they are
not subject to inundation and flooding.
(j)
Annual inspection and recertification of all nonresidential
structures which have been floodproofed to assure that floodproofed
structures and attendant facilities have been properly maintained.
(19)
Where and when permitted, fill shall be no lower than one foot
above the flood hazard area design flood elevation and shall extend
at such height for a distance of at least 15 feet beyond the limits
of any structure erected thereon.
(20)
Where and when permitted, structures on fill shall be so built
that the lowest floor is at a minimum of one foot above the flood
hazard design elevation.
(21)
All manufactured homes to be placed or substantially improved
within an area of special flood hazard shall be elevated on a permanent
foundation such that the finished floor elevation of the lowest floor
is at or above the base flood elevation.
(22)
All necessary permits have been obtained from those federal,
state or local governmental agencies from which prior approval is
required.
(23)
Adequate maintenance shall be provided within any altered or
relocated portion of a watercourse so that the flood-carrying capacity
is not diminished.
H.
Variances from conditions. Variances from the conditions of this
section may only be issued by the Spotswood Borough Planning Board
in conformance with the following provisions:
(1)
For the reconstruction, rehabilitation or restoration of structures
listed on the National Register of Historic Places or the State Register
of Historic Places.
(2)
Variances shall not be issued within any designated floodway,
flood fringe area or stream corridor if an increase in flood levels
during the design flood would occur.
(3)
Variances may only be issued upon a determination that the variance
is the minimum necessary to afford relief considering the flood hazards.
(4)
Variances may only be issued upon a determination that failure
to grant the variance would result in exceptional hardship to the
applicant and a determination that the granting of the variance will
not result in increased flood heights, additional threats to public
safety, extraordinary public expense, create nuisances, cause fraud
on or victimization of the public or conflict with existing local
laws or ordinances.
I.
Flood insurance. Flood insurance in accordance with the Federal Insurance
Agency shall be required for all developments in the floodplain.
J.
Warning and disclaimer. The degree of flood protection required herein
is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by man-made or natural
causes. This chapter does not imply that land outside flood hazard
areas will be free from flooding or flood damage. This chapter shall
not create liability on the part of the Borough of Spotswood or by
any other officer or employee thereof for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.
K.
Flood hazard area searches.
(1)
Official designated to make flood hazard searches. The Borough
Council shall, annually, designate an official of the Borough and/or
a number of private consulting firms who are authorized to make and
prepare flood hazard area searches.
(2)
Issuance of certificates. The official appointed to make such
searches shall issue certificates with respect to flood hazard areas
on behalf of the Borough within a reasonable time after receipt of
the following:
(3)
Fees for certificates. The following fees shall be received
prior to the issuance of any certificate:
(a)
Where the property described in the application is shown on
the Tax Map as consisting of five acres or less, a fee of $5.
(b)
Where the property described in the application is shown on
the Tax Map as consisting of more than five acres but less than 20
acres, a fee of $10.
(c)
Where the property described in the application is shown on
the Tax Map as consisting of 20 acres or more, a fee of $20.