Borough of Roseland, NJ Design Standards

§ 30-501 PURPOSE.

Applications for development within the Borough shall conform to the design standards provided in this Article. Where applicable, conformance with the Master Plan regarding location of streets, rights-of-way, parks and playgrounds and other such uses shall be required.

Where a particular project requires construction not covered in these standards, the proposed design will be evaluated on the basis of normally accepted engineering and/or architectural design practices. In the case of nonconstruction related items, the proposed design will be evaluated on the basis of normally accepted engineering, architectural and/or planning practices.

The Board, when acting upon development applications shall have the power to grant such exceptions from the requirements of this Article as may be reasonable and within its general purpose and intent, if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

§ 30-502 DEVELOPMENT STANDARDS - NONRESIDENTIAL.

§ 30-502.1 Retail Sales and Services.

All buildings shall be designed with a parking area and access to a public street. When a site contains more than one (1) building or use, a common architectural theme shall be reflected through the choice of building materials, architectural style, sign controls and color coordination. Special consideration should be given to pedestrian access.

§ 30-502.2 Other Nonresidential (Including Office).

Each individual lot shall have access to a public street. Loading areas and access to loading areas shall be provided and shall be separate from parking areas and aisles. A landscaped buffer with plantings and/or mounding shall be provided between commercial and residential uses. Such buffer shall be a minimum of twenty (20) feet in depth. No use shall create glare, heat, odor, noise or physical vibrations perceptible at a property line. Where a site contains more than one building, a compatible architectural theme shall be reflected through the choice of building materials and the use of landscaped open space.

§ 30-503 DEVELOPMENT STANDARDS - SINGLE FAMILY RESIDENTIAL.

All residential developments must comply with the most recent edition of the New Jersey Residential Site Improvement Standards and all its amendments.

§ 30-503.1 Lots.

[New]

Lot dimensions and area shall not be less than the requirements of the zoning regulations.

Insofar as practical, side lot lines shall be at right angles to straight street lines and radial to curved street lines.

No lot shall be created on which construction will be rendered impracticable because of existing physical conditions. Where that situation occurs the affected land shall be incorporated into the adjoining lots or contiguous open space.

§ 30-503.2 Block.

Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required by this chapter and to provide for convenient access, circulation, control and safety of street traffic.

§ 30-504 DEVELOPMENT STANDARDS - ALL RESIDENTIAL OTHER THAN SINGLE FAMILY RESIDENTIAL.

§ 30-504.1 Project Planning.

[New]

All residential developments must comply with the most recent edition of the New Jersey Residential Site Improvement Standards (RSIS) and all its amendments.

A particular tract may include more than one (1) phase or project.

Final approval may be granted separately for each phase or project.

§ 30-504.2 Pedestrian Circulation.

Pedestrian circulation shall be provided and shall be separate from motor vehicle circulation wherever possible.

§ 30-504.3 Dwelling Unit Mix.

The dwelling unit mix for a particular tract shall be such that no more than seventy-five (75%) percent of the total number of dwelling units shall have the same number of bedrooms. The dwelling unit mix for each phase of a development or for a project on a tract need not reflect the dwelling unit mix prescribed for the entire tract. In such cases, the Board shall include, as a condition of final approval on a particular phase or project, the provision that future projects or phases shall bring the dwelling unit mix into conformance with the above standard.

§ 30-504.4 Layout.

To the greatest extent possible, the site plan shall divide intended uses into individual small groups using such features as quadrangles, courts, clustering and landscaping. The monotonous repetition of elements shall be avoided.

§ 30-505 PERFORMANCE STANDARDS FOR ALL USES.

[New]

No certificate of occupancy shall be issued for any use until documentation is provided to the Construction Code Enforcement Official that the intended use(s) will comply with the performance standards enumerated below and as per State Uniform Construction Code Act N.J.S.A. 52:27D-119 et seq.

Storage and Disposal of Waste. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substances be deposited which can cause an underground aquifer to fail to meet applicable State water quality standards. All materials or waste which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards. All hazardous materials used on the site shall be disposed of in a safe manner in accordance with applicable State and Federal regulations.

Ventilation. No use shall obstruct the natural ventilation of adjacent uses. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless setback from all property lines ten (10) feet or more or unless equipped with baffles to deflect the discharged air away from adjacent uses.

§ 30-506 DESIGN OF STREETS

All residential developments must comply with the most recent edition of the New Jersey Residential Site Improvement Standards (RSIS) and all its amendments. Where the RSIS do not address a specific design standard, then the relevant standard addressed in this section shall apply.

§ 30-506.1 General.

[New]

Each development shall have access to a street. Such access shall be designed and constructed for, and shall be evaluated by the Board as to adequacy for entering and exiting vehicles and for emergency vehicles.

§ 30-506.2 Public Streets.

All lots shall have frontage on a public street except that lots for residential uses other than detached single family residential uses may have access from a private street, as approved by the Board.

All public streets shall be located in a right-of-way dedicated to the Borough and having the following minimum widths, measured from lot line to lot line unless another width is specifically recommended in an adopted element of the Master Plan or on an adopted Official Map for the Borough:

Arterial streets	60 feet
All other streets	50 feet

Developments that adjoin or include existing public streets which do not conform to the above required right-of-way widths shall dedicate the required additional width along one (1) or both sides of said street. If development is proposed along one (1) side of the street only, then one-half (1/2) of the required extra width shall be dedicated.

§ 30-506.3 Private Streets.

Residential developments for other than detached single family residential uses may include private streets.

No site plan controlling access to streets shall be approved except when the control and disposal of said land controlling access has been placed with the Borough or unless a protective deed restriction has been approved by the Board.

The applicant shall demonstrate, prior to final approval, a means to maintain the streets. The Board shall require a maintenance agreement. This agreement shall include the Borough's right to enter the premises to make repairs and/or conduct other necessary maintenance. The cost for such repairs and/or maintenance by the Borough shall be paid by the property owner(s) and shall include all legal, administrative, clerical, planning and engineering costs associated with the work.

§ 30-506.4 Location.

Streets shall be designed to converge traffic flows at convenient access points. Street design shall discourage through traffic within residential areas. To facilitate traffic flows at major intersections, turning lanes may be required. Acceleration and deceleration lanes shall be installed at exits and entrances to commercial and industrial areas unless the Board is satisfied that such lanes are not required.

The arrangement of streets shall be such as to provide for the extension of existing streets.

Private access to nonresidential uses shall not be through a residentially zoned lot or lots.

The approval by the Board of any map or plat delineating streets shall in no way be construed as an acceptance of any street indicated thereon.

§ 30-506.5 Clear Sight Triangle.

Clear sight triangles shall be provided at all street intersections. Within such triangles, no vision obstructing object shall be permitted within the height of thirty (30) inches and eight (8) feet above the elevation of the intersecting street. The size of the sight triangle shall be as established in subsection 30-507.1.

§ 30-506.6 Culs-de-sac.

All culs-de-sac of a permanent nature (where provision for the future extension of the street to the boundary of the adjoining property is impractical or impossible) or of a temporary nature (where provision is made for the future extension of the street to the boundary line of an adjoining property) shall be no more than six hundred (600) feet in length and provide access to no more than forty (40) dwelling units and shall provide a turnaround at the end with a radius of fifty (50) feet at the curbline. For public streets, an additional ten (10) foot wide utility and planting strip shall be provided around the entire cul-de-sac for a total right-of-way radius of sixty (60) feet. The center point for the radius shall be off-set to a point where the radius becomes tangent to the right curbline of the associated street.

§ 30-506.7 Pavement.

Subgrade. Topsoil shall be stripped from the proposed roadbed for the entire width of pavement, shoulders, gutters, curbs, sidewalks or other required improvements. All unsuitable material shall be removed. The subgrade shall be compacted to a density of not less than ninety-five (95%) percent under optimum moisture conditions. All embankments shall conform to current New Jersey State Highway Specifications, as amended.

Pavement Materials. The quality of surfacing and base materials used shall adhere to the minimum standards set forth by the County or State when said street is within their jurisdiction. For streets under the jurisdiction of the Borough the following standards shall apply:

As a minimum, any new street shall be constructed according to the specifications and procedures set forth in the New Jersey State Highway Department Standard Specifications (1983) as amended.

The base course shall be five (5) inches stabilized base placed on four (4) inches of subbase Type 5A, which has been inspected and approved by the Borough Engineer.

The surface course for all classes of Borough streets shall consist of one and one-half (1 1/2) inches of bituminous concrete, Type FABC-1, Mix No. 5.

An alternate pavement section may be approved by the Board if the applicant can demonstrate to the Board's satisfaction that the proposed pavement section is adequate to serve the anticipated volume and type of traffic. However, for any pavement section approved, the surface course must be bituminous concrete Type FABC-1, Mix No. 5.

§ 30-506.8 Pavement Widths.

Pavement width shall be as follows:

Arterial streets	40 feet with 20 feet on either side of centerline
All other streets	30 feet with 15 feet on either side of centerline

The Board may approve a reduction in the pavement width as follows:

Local Public and Private Streets. If the street is a cul-de-sac providing access to not more than twenty (20) dwelling units or if the street provides no parallel parking to meet the parking requirements of subsection 30-520.1, the minimum pavement width may be reduced to twenty-four (24) feet.

Collector Streets. If the street will not have on-street parking, or residential uses with frontage on the collector, the pavement width may be reduced to twenty-six (26) feet, with a four (4) foot wide graded shoulder on each side.

§ 30-506.9 Curbs.

Curbing for Borough streets shall be granite block with a six (6) inch curb face on all streets, except on arterial streets, which shall have an eight (8) inch curb face. However, on streets under the jurisdiction of the County or State, curbing shall be in accordance with the requirements of the appropriate authority.

An alternate form of curbing may be approved by the Board if the applicant can demonstrate to the Board's satisfaction that a substantial cost savings will result and that no loss in the useful life of the curbing and no increase in maintenance costs will occur. On private streets, the Board may waive the requirements for curbing if the applicant can demonstrate that no adverse impact will occur to the pavement, that drainage will not be impaired, and that the drainage system and facilities can easily be maintained.

On Borough streets other than minor streets and on private streets, the Board may waive the requirements for curbing if the street is specifically designed for construction without curbing, if drainage will not be impaired, if there will be no adverse impact to the pavement, if the drainage system can easily be maintained, and if it can be shown that any increased cost in maintenance will be offset by the overall improvement in road design.

If Belgian block, stones shall not be less than ten (10) inches in height and shall be constructed to show a vertical face above the roadway pavement of six (6) inches,

If concrete, the curbing shall meet the following specifications:

The concrete to be used for curbs shall be Class B Concrete as specified in the New Jersey State Highway Specifications for Curbs and Gutters.

Expansion joints shall be provided at maximum intervals of ten (10) feet and shall be sealed as specified by the Borough Engineer.

The curb at driveway openings shall be depressed to the extent that one and one-half (1 1/2) inches extends above the finished pavement.

Concrete curbs for local roads shall be eight (8) inches wide at the base and not less than seven (7) inches wide at the top. Their height shall not be less than twenty inches (20") and shall be constructed to show a vertical face above the pavement of six (6) inches. The rear top corner of the curb shall have a radius of one-fourth (1/4) inch, and the front top corner shall have a radius of one and one-half (1 1/2) inches.

Depressed curb ramps for the handicapped shall be installed at all curb radii where sidewalks intersect the curb in accordance with the laws of the State of New Jersey.

§ 30-506.10 Sidewalks and Aprons.

Sidewalks shall be installed along Borough streets in all developments in order to ensure safe pedestrian movement within the development and into adjacent areas. Additionally, sidewalks shall be installed in all areas wherever pedestrian traffic is anticipated to occur such as between parking areas and buildings or between buildings. Sidewalks shall be four (4) feet wide and constructed of four (4) inch thick Class B concrete, as specified in the New Jersey State Highway Specifications, as amended, and in accordance with the Borough Standard Details.

The Board may waive or modify the requirements for sidewalks if it is demonstrated by the applicant that adequate provision for pedestrian circulation has been provided through such methods as pedestrian paths, except that sidewalks may still be required along principal routes to schools.

Driveway aprons shall be constructed between the curb (or edge of pavement) and the sidewalk, or in the absence of sidewalk, for a distance of four (4) feet back from the curb, (or edge of pavement). The standard for materials shall be six (6) inches of Class B concrete as specified in the New Jersey State Highway Specifications, as amended.

§ 30-506.11 Grades.

The maximum grade for a new street shall depend on road classifications. Maximum grades shall be as follows:

Maximum	10%
Desirable	4%
Minimum	0.5% to 0.75%

§ 30-506.12 Sight Distances.

The geometry of roads shall meet the following minimum design criteria:

	Rate of Vertical Curvature (K Values) Rounded for Design
Posted Speed Limit	Vertical Curves Minimum Stopping Sight Distance	Crest Vertical Curves	Sag Vertical Curves	Horizontal Curves Minimum Radius
25 mph or less	150 feet	20	20	200 feet
35 mph	250 feet	40-50	50	350 feet
45 mph	350 feet	80-100	70-90	500 feet

§ 30-506.13 Noncurbed Roads (Using Surface Drainage Systems).

Positive drainage shall be provided to drain surface water runoff from the roadway pavement.

A five (5) foot shoulder with a five (5%) percent cross slope shall abut the edge of pavement.

All swales shall be designed to carry a twenty-five (25) year frequency storm for the drainage area served.

Drainage swales shall have a maximum side slope of 3:1.

All swales shall have a minimum grade of one-half (0.5%) percent to prevent silting and a maximum slope that will prevent erosion. Paved inverts and/or energy dissipators may be required.

The invert of all swales shall be a minimum of three (3) inches below the pavement section.

All swales shall be hydroseeded or similarly treated to ensure a stable erosion control surface immediately after construction.

The street right-of-way shall be widened to include all drainage swales where Borough maintenance of such swales will be required to ensure that the drainage system will function in a manner that protects the pavement from stormwater infiltration.

§ 30-506.14 Street Names and Numbers.

A new street name shall not conflict with or be mistaken for an existing street name in the municipality or postal zip code unless the street is a logical extension of an existing street. The street numbering system shall be as approved by the Borough Engineer.

§ 30-506.15 Street Name Signs.

Street name signs shall be placed at all street intersections within or abutting the development. Such signs shall be of a type approved by the Borough and shall be placed in accordance with the Borough's Standards or at the direction of the Borough Engineer.

§ 30-507 DESIGN OF INTERSECTIONS.

[New]

All residential developments must comply with the most recent edition of the New Jersey Residential Site Improvement Standards (RSIS) and all its amendments. Where the RSIS do not address a specific design standard then the relevant standard established in this section shall apply.

§ 30-507.1 Clear Sight Triangle.

The required dimensions of a clear sight triangle shall depend on the posted speed of the uncontrolled or major roadway. The sight triangle shall be laid out so that a driver ten (10) feet from the right-of-way line of the uncontrolled or major street can see approaching traffic at the following distances and an easement controlling construction shall be established for all portions of the clear sight triangle not in a public right-of-way. The sight triangle shall be clear of any obstructions from thirty (30) inches above grade to a point eight (8) feet above grade, except utility poles shall be permitted provided they do not present a safety hazard.

Posted Speed Limit	Minimum Required Clear-Sight Distance
25 mph	250 feet
35 mph	350 feet
45 mph	450 feet

§ 30-507.2 Grades.

Intersections shall be approached on all sides by a straight and level area, a minimum of forty (40) feet in length the maximum grade of which shall be as follows:

Classification	Maximum Up Grade	Maximum Down Grade
45 mph or greater	2%	2%
25 mph to 44 mph	5%	3%

§ 30-507.3 Separation.

Intersections shall be separated from adjacent roadway intersections by the minimum distances set forth below. The minimum distance shall be measured centerline to centerline along the intersecting street, and shall be dependent upon the type of intersection and the posted speed limit of the roadway between the two (2) intersections. Two (2) "T" intersections with approaches from opposite directions shall be considered full intersections.

Posted Speed Limit	Full Intersection	"T" Intersection
25 mph	300	200
35 mph	350	250
45 mph	450	300

§ 30-508 PARKING LOT AND DRIVEWAY DESIGN.

[New]

All residential developments must comply with the most recent edition of the New Jersey Residential Site Improvement Standards (RSIS) and all its amendments. Where the RSIS do not address a specific design standard then the relevant standard established in this section shall apply.

§ 30-508.1 Design of Driveways.

All driveways shall be a minimum of ten (10) feet in width and shall be constructed of at least four (4) inches of compacted subbase material and two (2) inches of three-eight (3/8) inch roadway stone or comparable material. Where driveways adjoin paved parking lots, these driveways shall be paved to the same standards as the parking lot. Aprons shall be provided in accordance with the provisions of this chapter.

Driveway grades shall not exceed ten (10%) percent at any point along the entire length of the driveway. In addition, the driveway grade shall not exceed eight (8%) percent for a distance of eight (8) feet from the curb line and a transition curve shall be provided between said eight (8%) percent grade and any increase in grade.

The side slopes of driveways shall be topsoiled, seeded, fertilized and mulched or otherwise stabilized to prevent erosion. If banks exceed a 2:1 slope, and the slope face is not stable rock, retaining walls shall be constructed in a manner approved by the Borough Engineer.

No driveway shall be located within five (5) feet of a side lot line unless it is a common driveway for attached duplex or multifamily dwelling. No driveway pavement area shall be wider than one-half (1/2) the width of a lot.

§ 30-508.2 Design of Parking Areas.

With the exception of single-family detached dwellings, all off-street parking areas shall meet the following requirements:

All off-street parking shall be paved with a minimum of one and one-half (1.5) inches of bituminous concrete (FABC) placed on top of a minimum of three and one-half (3.5) inches of stabilized base and a minimum of four (4) inches of compacted subbase, Type 5A, or an equivalent as approved by the Borough Engineer.

All parking and loading areas shall be curbed with granite block or concrete curbing constructed to Borough Standard specifications unless the applicant can demonstrate that elimination of the curbing will not decrease the useful life of the pavement, have a negative effect on drainage, or increase maintenance costs.

All parking and loading areas shall have a convenient means of ingress and egress.

The applicant shall demonstrate to the Board that ingress and egress will not adversely affect the flow of traffic on Borough streets.

Traffic circulation shall be designed to minimize the use of aisles serving parking areas.

For nonresidential uses, parking areas with more than twenty-five (25) spaces shall have separate entrances and exits.

Where a combined entrance and exit is provided, the access road shall be a minimum of twenty-four (24) feet in width.

Where separate entrances and exits are provided, the minimum roadway width shall be fifteen (15) feet.

If a parking lot has an area of less than eight thousand (8,000) square feet, an area equal to five (5%) percent of the lot shall be maintained as open space. If a parking lot has an area of greater than eight thousand (8,000) square feet, an area equal to ten (10%) percent of the lot shall be maintained as open space. Said open space shall be within the perimeter of the lot and shall be appropriately planted or designed for the retention of existing trees. All plantings shall be protected by curbing, bumpers or bollards. Within any parking area there shall be at least one two and one-half (2 1/2) (D.B.H) caliper or larger shade tree for each ten (10) spaces.

All portions of the property not used for off-street parking, loading or access shall be attractively landscaped with lawns, trees and shrubs as approved by the Board. Parking areas visible from a street shall, through the use of landscaping, be intermittently screened.

Striping and directional and traffic safety signs shall be provided throughout the parking, loading and circulation areas in accordance with the Manual of Uniform Traffic Control Devices.

All lighting shall be so arranged and shielded to reflect light downward and away from adjoining streets and properties.

§ 30-509 SOLID WASTE DISPOSAL.

§ 30-509.1 General.

Each site plan shall provide for the removal of all solid wastes and shall further provide for temporary on-site storage of all solid waste materials.

§ 30-509.2 Access.

Adequate access shall be provided to all solid waste storage facilities. Such access shall accommodate the type of vehicle normally used for the collection of wastes.

§ 30-509.3 Location.

Storage of wastes which produce no discernible odor may be outdoors.

Outdoor solid wastes storage facilities shall be visually screened from elsewhere on the project and from all property lines.

Storage of wastes which produce a discernible odor shall be within a building.

§ 30-509.4 Recycling.

Requirements set forth in the Borough of Roseland Municipal Ordinance Number 28-1986, its amendments, and the New Jersey Statewide Mandatory Source Separation and Recycling Act and all subsequent revisions shall be complied with. Specifically, all Subdivision and Site Plan Applications submitted to the Borough must provide for the recycling of designated materials. The following items should be addressed:

Identify materials to be collected.

Identify proposed recyclable material storage locations.

Identify locations where recyclable materials are to be picked up.

Identify frequency of collections.

Identify quantity of recyclable materials expected to be generated.

Where outdoor storage is proposed, the storage area shall be suitably screened from view.

§ 30-510 EXTERIOR LIGHTING.

[Ord. No. 5-2000 §§ I and II; amended 3-17-2020 by Ord. No. 01-2020]

§ 30-510.1 General Provisions.

Purpose: The general purpose of this section is to protect and promote the public health, safety and welfare, the quality of life, and the ability to view the night sky by establishing regulations and a process of review for exterior lighting. This section establishes standards for exterior lighting in order to accomplish the following:

To provide safe roadways for motorists, cyclists and pedestrians;

To ensure that sufficient lighting can be provided where needed to promote safety and security;

To protect against adverse offsite impacts of lighting, such as direct glare, light trespass, obtrusive light, sky glow, and excessive lighting;

To protect and reclaim the ability to view the night sky, and help preserve the quality of life and the tourist experience;

To promote efficient and cost-effective lighting that will conserve energy and resources to the greatest extent possible;

To allow for flexibility in the style of lighting fixtures;

To provide exterior lighting guidelines; and

To provide assistance to property owners and occupants in bringing nonconforming lighting into conformance with this section.

Applicability: All exterior lighting installed after the effective date hereof in any and all zoning districts in the Borough shall be in conformance with the requirements established by this section and any other applicable ordinances. This includes, but is not limited to, new lighting, replacement lighting, or any other lighting whether attached to structures, poles, the earth, or any other location, including lighting installed by any third party. All existing lighting installed prior to the effective date hereof in any and all zoning districts in the Borough of Roseland shall be addressed as follows:

All existing lighting located on a subject property that is part of an application for development or building permit is required to be brought into conformance with this section. Conformity shall occur prior to issuance of a certificate of occupancy, final inspection or final plat recordation, when applicable. For other permits, the applicant shall have a maximum of 30 days from date of permit issuance to bring the lighting into conformance.

All existing exterior commercial lighting that is not in conformance with this section shall be brought into conformance with this section by June 30, 2018.

All existing lighting that does not meet the requirement of section 17.124.060 of this title,[1] which states that "any parking, yard or building illumination in (any) zoning (district) shall be so directed as to protect adjacent properties from glare and direct lighting", is required to be brought into conformance with section 17.132 of this title.[2]

[1]

Editor's Note: So in original.

[2]

Editor's Note: So in original.

All other existing exterior residential lighting, not affected by Subsection b1 and 3 of this section, that does not comply with this section is required to be brought into conformance with this section by June 30, 2019.

In the event of a discrepancy in applicable ordinances, the most restrictive shall apply.

Exemptions: The following are not regulated by this section:

Lighting within public right-of-way or easement for the principal purpose of illuminating streets or roads. No exemption shall apply to any lighting within the public right of way or easement when the purpose of the luminaire is to illuminate areas outside the public right-of-way or any easement, unless regulated with a streetlighting ordinance.

Lighting for public monuments and statuary.

Lighting solely for signs (lighting for signs is regulated by the Sign Ordinance).

Repairs to existing luminaires not exceeding 25% of total installed luminaires.

Temporary lighting for theatrical, television, performance areas and construction sites.

Underwater lighting in swimming pools and other water features.

Temporary lighting and seasonal lighting provided that individual lamps are less than 10 watts and 70 lumens.

Lighting that is only used under emergency conditions.

In lighting zones LZ-2, LZ-3 and LZ-4, low voltage landscape lighting controlled by an automatic device that is set to turn the lights off at one hour after the site is closed to the public or at a time established by the authority.

The Planning Board, the Zoning Board, the Building Official and/or the Zoning Official shall have the authority to require new lighting and/or modification of existing lighting, pursuant to Subsection 30-510.1b1 of this section to meet the requirements of this section.

Lighting Plans Required: All applications for development and/or building permits shall include lighting plans showing location, type, height, color temperature, lumen output and amount of all proposed and existing fixtures. The applicant shall provide sufficient information to verify that lighting conforms to the provisions of this section. The Planning Board, Zoning Board, the Building Official and/or the Zoning Official shall have the authority to request additional information in order to achieve the purposes of this section.

Definitions: As used in this section, the following terms shall have the meanings indicated:

ABSOLUTE PHOTOMETRY

Photometric measurements (usually of a solid-state luminaire) that directly measures the footprint of the luminaire.

ARCHITECTURAL LIGHTING

Lighting designed to reveal architectural beauty, shape and/or form and for which lighting for any other purpose is incidental.

ASTRONOMIC TIME SWITCH

An automatic lighting control device that switches outdoor lighting relative to time of solar day with time of year correction.

BACKLIGHT

For an exterior luminaire, lumens emitted in the quarter sphere below horizontal and in the opposite direction of the intended orientation of the luminaire. For luminaires with symmetric distribution, "backlight" will be the same as front light.

BUG

The luminaire classification system that classifies backlight (B), uplight (U) and glare (G) to evaluate luminaire optical performance related to light trespass, sky glow, and high angle brightness control. The BUG ratings are based on a zonal lumen calculation for secondary solid angles, based on data from photometric testing procedures approved by the IESNA.

CANOPY

A covered, unconditioned structure with at least one side open for pedestrian and/or vehicular access. (An unconditioned structure is one that may be open to the elements and has no heat or air conditioning.)

COMMON OUTDOOR AREAS

One or more of the following: a parking lot; a parking; a common entrance or public space structure or covered vehicular entrance shared by all occupants of the domiciles.

CURFEW

A time defined by the governing body when outdoor lighting is reduced or extinguished.

EMERGENCY CONDITIONS

Generally, lighting that is only energized during an emergency; lighting fed from a backup lighting power source; or the path for illuminating of egress solely during a fire or other emergency situation; or, lighting for security purposes used solely during an alarm.

FOOTCANDLE

The unit of measure expressing the quantity of light received on a surface. One footcandle is the illuminance produced by a candle on a surface one foot square from a distance of one foot.

FORWARD LIGHT

For an exterior luminaire, lumens emitted in the quarter sphere below horizontal and in the direction of the intended orientation of the luminaire.

FULLY SHIELDED LUMINAIRE

A luminaire constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest light-emitting part.

GLARE

Lighting entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or reduced visibility.

HARDSCAPE

Permanent hardscape improvements to the site including parking lots, drives, entrances, curbs, ramps, stairs, steps, medians, walkways and non-vegetated landscaping that is 10 feet or less in width. Materials may include concrete, asphalt, stone, gravel, etc.

HARDSCAPE AREA

The area measured in square feet of all hardscape. It is used to calculate the total site lumen limit in both the prescriptive method and performance methods. Refer to "hardscape" definition.

HARDSCAPE PERIMETER

The perimeter measured in linear feet is used to calculate the total site lumen limit in the performance method. Refer to "hardscape" definition.

IDA

The International Dark-Sky Association.

IESNA

The Illuminating Engineering Society of North America.

IMPERVIOUS MATERIAL

A material that is sealed to severely restrict water entry and movement.

INDUSTRY STANDARDS LIGHTING SOFTWARE

Lighting software that calculates point- by-point illuminance that includes reflected light using either ray-tracing or radiosity methods.

LAMP

A generic term for a source of optical radiation (i.e., light), often called a "bulb" or tube." Examples include incandescent, fluorescent, high-intensity discharge (HID) lamps, and low-pressure sodium (LPS) lamps, as well as light-emitting diode (LED) modules and arrays.

LANDSCAPE LIGHTING

Lighting of trees, shrubs, or other plant material as well as ponds and other landscape features.

LANDSCAPE LIGHTING, LOW VOLTAGE

Landscape lighting powered at less than 15 volts and limited to luminaires having a rated initial luminaire lumen output of 525 lumens or less.

LED

Light emitting diode.

LIGHT POLLUTION

Any adverse effect of artificial light including, but not limited to, glare, light trespass, skyglow, energy waste, compromised safety and security, and impacts on the nocturnal environment.

LIGHT TRESPASS

Light that falls beyond the property it is intended to illuminate.

LIGHTING

Electric, man-made or artificial lighting. See "lighting equipment."

LIGHTING EQUIPMENT

Equipment specifically intended to provide gas or electric illumination, including, but not limited to, lamp(s), luminaire(s), ballast(s), poles, posts, lens(es), and related structures, electrical wiring, and other necessary or auxiliary components.

LIGHTING ZONE

An overlay zoning system establishing legal limits for lighting for particular parcels, areas, or districts in a community.

LUMEN

The unit of measure used to quantify the amount of light produced by a lamp or emitted from a luminaire (as distinct from "watt," a measure of power consumption).

LUMINAIRE

The complete lighting unit (fixture), consisting of a lamp, or lamps and ballast(s) (when applicable), together with the parts designed to distribute the light (reflector, lens, diffuser), to position and protect the lamps, and to connect the lamps to the power supply.

LUMINAIRE LUMENS

For luminaires with relative photometry, it is calculated as the sum of the initial lamp lumens for all lamps within an individual luminaire, multiplied by the luminaire efficiency. If the efficiency is not known for a residential luminaire, assume 70%. For luminaires with absolute photometry, it is the total luminaire lumens. The lumen rating of a luminaire assumes the lamp or luminaire is new and has not depreciated in light output.

LUX

The SI unit of illuminance. One lux is one lumen per square meter. 1 Lux is a unit of incident illuminance approximately equal to 1/10 footcandle.

MOUNTING HEIGHT

The height of the photometric center of a luminaire above grade level. The horizontal spacing of poles is often measured in units of "mounting height." Example: "The luminaires can be spaced up to four mounting heights apart."

NEW LIGHTING

Lighting for areas not previously illuminated; newly installed lighting of any type except for replacement lighting or lighting repairs.

OBJECT

A permanent structure located on a site. "Objects" may include statues or artwork, garages or canopies, outbuildings, etc.

OBJECT HEIGHT

Shall mean the highest point of an entity, but shall not include antennas or similar structures.

ORNAMENTAL LIGHTING

Lighting that does not impact the function and safety of an area but is purely decorative, or used to illuminate architecture and/or landscaping, and installed for aesthetic effect.

ORNAMENTAL STREET

Lighting shall mean a luminaire intended for illuminating streets that serves a decorative function in addition to providing optics that effectively deliver street lighting. It has a historical period appearance or decorative appearance, and has the following design characteristics:

Designed to mount on a pole using an arm, pendant, or vertical tenon;

Opaque or translucent top and/or sides;

An optical aperture that is either open or enclosed with a flat, sag or drop lens;

Mounted in a fixed position; and

With its photometric output measured using Type C photometry per IESNA LM-75-01.

OUTDOOR LIGHTING

Lighting equipment installed within the property line and outside the building envelopes, whether attached to poles, building structures, the earth, or any other location; and any associated lighting control equipment.

PARTLY SHIELDED LUMINAIRE

A luminaire with opaque top and translucent or perforated sides, designed to emit most light downward.

PEDESTRIAN HARDSCAPE

Stone, brick, concrete, asphalt or other similar finished surfaces intended primarily for walking, such as sidewalks and pathways.

PHOTOELECTRIC SWITCH

A control device employing a photocell or photodiode to detect daylight and automatically switch lights off when sufficient daylight is available.

PROPERTY LINE

The edges of the legally-defined extent of privately owned property.

RELATIVE PHOTOMETRY

Photometric measurements made of the lamp plus luminaire, and adjusted to allow for light loss due to reflection or absorption within the luminaire. Reference standard: IES LM-63.

REPAIR(S)

The reconstruction or renewal of any part of an existing luminaire for the purpose of its ongoing operation, other than relamping or replacement of components including capacitor, ballast or photocell. Note that retrofitting a luminaire with new lamp and/or ballast technology is not considered a repair and for the purposes of this section the luminaire shall be treated as if new. "Repair" does not include normal relamping or replacement of components including capacitor, ballast or photocell.

REPLACEMENT LIGHTING

Lighting installed specifically to replace existing lighting that is sufficiently broken to be beyond repair.

SALES AREA

An uncovered area used for sales of retail goods and materials, including but not limited to automobiles, boats, tractors and other farm equipment, building supplies, and gardening and nursery products.

SHIELDED DIRECTIONAL LUMINAIRE

A luminaire that includes an adjustable mounting device allowing aiming in any direction and contains a shield, louver, or baffle to reduce direct view of the lamp.

SIGN

Advertising, directional or other outdoor promotional display of art, words and/or pictures.

SKY GLOW

The brightening of the nighttime sky that results from scattering and reflection of artificial light by moisture and dust particles in the atmosphere. Skyglow is caused by light directed or reflected upwards or sideways and reduces one's ability to view the night sky.

TEMPORARY LIGHTING

Lighting installed and operated for periods not to exceed 60 days, completely removed and not operated again for at least 30 days.

TEMPORARY SEASONAL LIGHTING

Lighting installed and operated in connection with holidays or traditions.

THIRD PARTY

A party contracted to provide lighting, such as a utility company.

TIME SWITCH

An automatic lighting control device that switches lights according to time of day.

TRANSLUCENT

Allowing light to pass through, diffusing it so that objects beyond cannot be seen clearly (not transparent or clear).

UNSHIELDED LUMINAIRE

A luminaire capable of emitting light in any direction including downwards.

UPLIGHT

Shall mean, for an exterior luminaire, flux radiated in the hemisphere at or above the horizontal plane.

VERTICAL ILLUMINANCE

Illuminance measured or calculated in a plane perpendicular to the site boundary or property line.

§ 30-510.2 Lighting Standards.

Color Temperature: All exterior lighting shall utilize light sources not to exceed 3,000 kelvin.

Light Trespass and Overlighting: All existing and/or new exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting. All vehicle lighting originating from a commercial property shall be shielded from other adjacent properties. Incidental light trespass (lighting emanating from turning motor vehicles or motion sensor lighting) is permitted.

All lighting emitting from any zoning lot shall not cause the light level along any property line, as measured at a height of 60 inches above grade in a plane at any angle of inclination, to exceed the limitations listed in Figure 1: Light Trespass Matrix.

Figure 1: Light Trespass and Overlighting Matrix

Zone of Light Source	Impacted Zone	Maximum Footcandle Limits
Noncommercial Zones (C, C/R, R-1, R-2, R-3, R-4, R-5, R-6, AH-1/R-7, AH-2/R-8, AH-3/R-9)	Noncommercial Zones (C, C/R, R-1, R-2, R-3, R-4, R-5, R-6, AH-1/R-7, AH-2/R-8, AH-3/R-9)	0.1 footcandle
Noncommercial Zones (C, C/R, R-1, R-2, R-3, R-4, R-5, R-6, AH-1/R-7, AH-2/R-8, AH-3/R-9)	Commercial Zones (B-1, B-2, OB-1, OB-2, OB-3)	0.5 footcandle
Commercial Zones (B-1, B-2, OB-1, OB-2, OB-3)	Noncommercial Zones (C, C/R, R-1, R-2, R-3, R-4, R-5, R-6, AH-1/R-7, AH-2/R-8, AH-3/R-9)	0.1 footcandle
Commercial Zones (B-1, B-2, OB-1, OB-2, OB-3)	Commercial Zones (B-1, B-2, OB-1, OB-2, OB-3)	0.5 footcandle

Nonessential Exterior Commercial and Residential Lighting: All nonessential exterior commercial and residential lighting shall be turned off after business hours and/or when not in use. Lights on a timer shall be used. Sensor-activated lights shall be used to replace existing lighting that is desired for security purposes.

Area Lights:

All area lights, including streetlights and parking area lighting, shall be level mounted and 85° full cutoff-type fixtures.

Residential streetlights shall be limited to 1,125 lumens, unless otherwise recommended by the Public Works Department.

Nonresidential streetlights shall be limited to 1,500 lumens, unless otherwise recommended by the Public Works Department.

Lights on major intersections on state highways shall be limited to 3,000 lumens, unless otherwise recommended by the Public Works Department.

Parking area lights are encouraged to be greater in number, lower in height and lower in light level, as opposed to fewer in number, higher in height and higher in light level.

Parking lot lighting shall not exceed IESNA recommended illuminance (footcandle) level and are encouraged to utilize the lowest range available.

All freestanding area lights within a residential zone, except streetlights, shall be mounted at a height no greater than the value "3 + (D/3)," where "D" is the distance in feet to the nearest property boundary.

Luminaire Mounting Height: Freestanding luminaires shall be no higher than 25 feet above the stand/pole base; except that luminaires used for recreational playing fields shall be exempt from the height restriction, provided all other provisions of this section are met and the light is used only while the field is in use; and except that streetlights used on major roads may exceed this standard if necessary as determined by the Borough Council, as advised by a lighting engineer. Building-mounted luminaires shall be attached only to walls, and the top of the fixture shall not exceed the height of the parapet or roof, whichever is greater.

Area lights on a timer, sensor activated, or turned off at 10:30 p.m. are exempt from Subsection 30-510.2b of this section, provided all other standards of this section are met.

Uplighting: Uplighting is prohibited in all zoning districts, except where otherwise permitted in this section.

Public Outdoor Lighting: Public outdoor lighting, including holiday lighting, shall be permitted to ensure the safety and enjoyment of the intended public use. All public lighting shall comply with the standards established herein and shall be turned off after hours of operation or when not in use. When practically possible, motion sensors may be used. Public outdoor lighting is exempt from lighting curfews and exempt from section 17.132.030B[1] of this section.

[1]

Editor's Note: So in original.

Lighting Fixtures:

All exterior lighting shall comply with the acceptable lighting fixtures located in Figure 2. All exterior lighting fixtures shall be full cutoff fixtures with the light source fully shielded, except as exempted in this section.

Figure 2 is incorporated into this section as a guideline for the public and the Borough for use in meeting the intent of this section. Figure 2 serves only as an example. The Borough does not endorse or discriminate against any manufacturer or company that may be shown, portrayed or mentioned by the examples.

Figure 2: Lighting Fixture Guidelines

Lighting Fixture Exceptions and Additional Requirements: See Figure 3a.

Figure 3a: Light Fixture Exceptions and Additional Requirements

Type of Lighting (Full Cutoff)	Light Fixture	Light Trespass Standards	Additional Requirements
Canopy lighting	Required	Not exempt	- All canopy lighting shall be recessed.
			- sufficiently so as to ensure that no light source is visible from or causes glare on public rights of way or adjacent property.
Holiday lights	Not required	Exempt	- Shall only be displayed from November 20 to March 20.
			- Exempt from color temperature requirements set forth in this section.
			- All new holiday lighting shall be LED lighting, or bulb that has been demonstrated to be the most energy efficient technology available.
			- Flashing holiday lighting is permitted.
			- All private holiday lighting shall be turned off at the close of business hours in the Community Core zoning district, and after 10:30 p.m. in all other zoning districts. Outdoor public lighting shall not be subject to holiday lighting curfew.
Flagpole lighting	Not required	Exempt	- Upward flagpole lighting is permitted for governmental flags only.
			- The maximum lumen output shall be 1,300 lumens.
			- Flags are encouraged to be taken down at sunset to avoid the need for lighting.
Floodlights	Not required	Not exempt	- Floodlights with external shielding shall be angled provided that no light escapes above a twenty-five-degree angle measured from the vertical line from the center of the light extended to the ground.
			- Floodlights shall not cause glare or light to shine directly on adjacent property or public rights of way.
			- Shall be encouraged to be motion sensor activated.
Neon lights	Not required	Not exempt	- Neon lights are only permitted pursuant to the Sign Ordinance.
Sensor-activated lighting	Required	Exempt	- Shall be located so as to prevent lighting into adjacent properties or into a public right of way.
			- Lighting shall activate only when motion on the property is detected and shall deactivate within no more than five minutes.
			- Lighting shall not be triggered by any activity off the property or in the public right of way.
			- The maximum lumen output shall be 600 lumens.
Temporary lighting	Required	Exempt	- Lumens output shall be approved by the Department of Public Works.
Temporary emergency lighting	Not required	Exempt	- Utilized by public safety services. Exempt from provisions of this section.
Motor vehicle fueling stations and motor vehicle service stations	Required	Not exempt	- The average footcandle lighting level at the pump for new and existing service stations is required to be no greater than 30 footcandle average, as set by the IESNA for urban service stations.
Towers for radio communication and navigation	Not required	Not exempt	- All radio, communication and navigation towers that require lights shall have dual lighting capabilities.
			- For daytime, the white strobe light may be used; and for nighttime, only red lights shall be used.
			- Lighting that is required by legal jurisdictions are exempt from this provision.

§ 30-510.3 Prohibited Lighting.

Any light source that does not meet the requirements of this section is prohibited.

Searchlights, beacons, laser source, and other high-intensity light fixtures are prohibited.

Except as otherwise allowed by this title, any lighting that is flashing, blinking, rotating, chasing, or rapidly changing in color or intensity is prohibited.

Neon lights shall be prohibited, except as may be permitted pursuant to § 30-403.17, Signs.

Window border lighting shall be prohibited.

§ 30-510.4 Lighting Zones.

The Lighting Zones shall determine the limitations for lighting as specified in this section. The Lighting Zones shall be shown in Figure 3b:

Figure 3b: Lighting Zones

Lighting Zone	Applicable Zoning Districts	Description
LZ-0: No ambient lighting	C Conservation Zone	Areas where the natural environment will be seriously and adversely affected by lighting. Impacts include disturbing the biological cycles of flora and fauna and/or detracting from human enjoyment and appreciation of the natural environment. Human activity is subordinate in importance to nature. The vision of human residents and users is adapted to the darkness, and they expect to see little or no lighting. When not needed, lighting should be extinguished.
LZ-1: Low ambient lighting	Single-Family Residential Zones (R-1, R-2, R-3, R-4)	Areas where lighting might adversely affect flora and fauna or disturb the character of the area. The vision of human residents and users is adapted to low light levels. Lighting may be used for safety and convenience but it is not necessarily uniform or continuous. After curfew, most lighting should be extinguished or reduced as activity levels decline.
LZ-2: Moderate ambient lighting	Multi-Family Residential & Office Zones (R-5, R-6, AH-1/R-7, AH-2/R-8, AH-3/R-9, OB-1, OB-2, OB-3)	Areas of human activity where the vision of human residents and users is adapted to moderate light levels. Lighting may typically be used for safety and convenience but it is not necessarily uniform or continuous. After curfew, lighting may be extinguished or reduced as activity levels decline.
LZ-3: Moderately high ambient lighting	Commercial Zones (B-1, B-2)	Areas of human activity where the vision of human residents and users is adapted to moderately high light levels. Lighting is generally desired for safety, security and/or convenience and it is often uniform and/or continuous. After curfew, lighting may be extinguished or reduced in most areas as activity levels decline.
LZ-4: High ambient lighting	N/A	Areas of human activity where the vision of human residents and users is adapted to high light levels. Lighting is generally considered necessary for safety, security and/or convenience and it is mostly uniform and/or continuous. After curfew, lighting may be extinguished or reduced in some areas as activity levels decline.

The following outdoor lighting restrictions in Figure 4 shall apply to sites and structures based on their assigned lighting zone:

Figure 4: Lighting Zone-Based Restrictions

Lighting Zones	Color Temperature CCT Allowed Range	Light Reduction R = Required/V = Voluntary	Maximum Light Output Percentage
LZ-0	1,900K - 3,000K	R-1 hour after close of business	25%
LZ-1	1,900K - 3,000K	R-1 1/2 hours after close of business	25%
LZ-2	1,900K - 3,500K¹	R-2 hours after close of business	50%
LZ-3	1,900K - 4,800K²	V-2 hours after close of business	50%

Notes:
1.	While LZ-2 and LZ-3 have higher allowable color temperature ranges, it is still strongly recommended to use warmer color temperatures (3,000 K or lower) whenever practicable. Cooler color temperatures (greater than 3,000 K) shall be reserved for instances where there are special requirements or regulations that necessitate higher values.
2.	Due to the large range of allowable color temperatures in LZ-3, care should be taken to prevent harsh transitions between cool and warm color temperatures in neighboring areas. As a general rule of thumb, the difference in CCT values should not be greater than 1,000 K when transitioning between areas of differing color temperatures.

§ 30-510.5 Lighting Control Requirements.

Automatic Switching Requirements: Controls shall be provided that automatically extinguish all outdoor lighting when sufficient daylight is available using a control device or system such as a photoelectric switch, astronomic time switch or equivalent functions from a programmable lighting controller, building automation system or lighting energy management system, all with battery or similar backup power or device.

Exceptions: Automatic lighting controls are not required for the following:

(a)

Lighting under canopies.

(b)

Lighting for tunnels, parking garages, garage entrances, and similar conditions.

Automatic Lighting Reduction Requirements: The Borough shall establish curfew time(s), after which total outdoor lighting lumens shall be reduced by at least 30% or extinguished.

Exceptions: Lighting reductions are not required for any of the following:

(a)

With the exception of landscape lighting, lighting for residential properties including multiple residential properties not having common areas.

(b)

When the outdoor lighting consists of only one luminaire.

(c)

Code-required lighting for steps, stairs, walkways, and building entrances.

(d)

When, in the opinion of the Authority, lighting levels must be maintained.

(e)

Motion-activated lighting.

(f)

Lighting governed by special use permit in which times of operation are specifically identified.

(g)

Businesses that operate on a twenty-four-hour basis.

§ 30-510.6 Nonresidential Lighting.

For all nonresidential properties, and for multiple residential properties of seven domiciles or more and having common outdoor areas, all outdoor lighting shall comply either with Subsection a or b of this section.

Prescriptive method. An outdoor lighting installation complies with this section if it meets the requirements of Subsections a1 and 2, below.

Total site lumen limit: The total installed initial luminaire lumens of all outdoor lighting shall not exceed the total site lumen limit. The total site lumen limit shall be determined using either the parking space method (Figure 5) or the hardscape area method (Figure 6). Only one method shall be used per permit application, and for sites with existing lighting, existing lighting shall be included in the calculation of total installed lumens. The total installed initial luminaire lumens are calculated as the sum of the initial luminaire lumens for all luminaires.

Figure 5 - Allowed Total Initial Luminaire Lumens per Site for Nonresidential Outdoor Lighting, Per Parking Space Method

May only be applied to properties up to 10 parking spaces (including handicapped accessible spaces).

LZ-0	LZ-1	LZ-2	LZ-3	LZ-4
350 lumens/space	490 lumens/space	630 lumens/space	840 lumens/space	1,050 lumens/space

Figure 6 - Allowed Total Initial Lumens per Site for Nonresidential Outdoor Lighting, Hardscape Area Method

May be used for any project. When lighting intersections of site drives and public streets or road, a total of 600 square feet for each intersection may be added to the actual site hardscape area to provide for intersection lighting.

LZ-0	LZ-1	LZ-2	LZ-3	LZ-4
Base Allowance
0.5 lumens per square foot of hardscape	1.25 lumens per square foot of hardscape	2.5 lumens per square foot of hardscape	5.0 lumens per square foot of hardscape	7.5 lumens per square foot of hardscape

Lumen Allowances, in Addition to Base Allowance
	LZ-0	LZ-1	LZ-2	LZ-3	LZ-4
Additional allowances for sales and service facilities. No more than two additional allowances per site, "Use it or Lose it".
Outdoor sales lots. This allowance is lumens per square foot of uncovered sales lots used exclusively for the display of vehicles or other merchandise for sale, and may not include driveways, parking or other non-sales areas. To use this allowance, luminaires must be within 2 mounting heights of sales lot area.	0	4 lumens per square foot	8 lumens per square foot	16 lumens per square foot	16 lumens per square foot
Outdoor sales frontage. This allowance is for lineal feet of sales frontage immediately adjacent to the principal viewing location(s) and unobstructed for its viewing length. A corner sales lot may include two adjacent sides provided that a different principal viewing location exists for each side. In order to use this allowance, luminaires must be located between the principal viewing location and the frontage outdoor sales area	0	0	1,000 per linear foot	1,500 per linear foot	2,000 per linear foot
Drive-up windows. In order to use this allowance, luminaires must be within 20 feet horizontal distance of the center of the window.	0	2,000 lumens per drive-up window	4,000 lumens per drive-up window	8,000 lumens per drive-up window	8,000 lumens per drive-up window
Vehicles service station. This allowance is lumens per installed fuel pump.	0	4,000 lumens per pump (based on 5 fc horiz)	8,000 lumens per pump (based on 5 fc horiz)	16,000 lumens per pump (based on 5 fc horiz)	24,000 lumens per pump (based on 5 fc horiz)

Performance method.

Total site lumen limit: The total installed initial luminaire lumens of all lighting systems on the site shall not exceed the allowed total initial site lumens. The allowed total initial site lumens shall be determined using Figures 8 and 9. For sites with existing lighting, existing lighting shall be included in the calculation of total installed lumens. The total installed initial luminaire lumens of all is calculated as the sum of the initial luminaire lumens for all luminaires.

All luminaires shall be rated and installed using either Option A or Option B. Only one option may be used per permit application.

(a)

Option A: All luminaires shall be rated and installed according to Figure 7.

(b)

Option B: The entire outdoor lighting design shall be analyzed using industry standard lighting software including interreflections in the following manner:

(1)

Input data shall describe the lighting system including luminaire locations, mounting heights, aiming directions, and employing photometric data tested in accordance with IES guidelines. Buildings or other physical objects on the site within three object heights of the property line must be included in the calculations.

(2)

Analysis shall utilize an enclosure comprised of calculation planes with zero reflectance values around the perimeter of the site. The top of the enclosure shall be no less than 33 feet (10 meters) above the tallest luminaire. Calculations shall include total lumens upon the inside surfaces of the box top and vertical sides and maximum vertical illuminance (footcandles and/or lux) on the sides of the enclosure. The design complies if:

[a]

The total lumens on the inside surfaces of the virtual enclosure are less than 15% of the total site lumen limit; and

[b]

The maximum vertical illuminance on any vertical surface is less than the allowed maximum illuminance per Figure 10.

Figure 7a - Maximum Allowable Backlight, Uplight and Glare (BUG) Ratings

May be used for any project. A luminaire may be used if it is rated for the lighting zone of the site or lower in number for all ratings B, U and G. Luminaires equipped with adjustable mounting devices permitting alteration of luminaire aiming in the field shall not be permitted.

	LZ-0	LZ-1	LZ-2	LZ-3	LZ-4
Allowed Backlight Rating
Greater than 2 mounting heights from property line	B1	B3	B4	B5	B5
1 to less than 2 mounting heights from property line and ideally oriented**	B1	B2	B3	B4	B4
0.5 to 1 mounting heights from property line and ideally oriented**	B0	B1	B2	B3	B3
Less than 0.5 mounting height to property line and properly oriented**	B0	B0	B0	B1	B2

For property lines that abut public walkways, bikeways, plazas, and parking lots, the property line may be considered to be five feet beyond the actual property line for purpose of determining compliance with this section. For property lines that abut public roadways and public transit corridors, the property line may be considered to be the centerline of the public roadway or public transit corridor for the purpose of determining compliance with this section. NOTE: This adjustment is relative to Figure 7a and 7c only and shall not be used to increase the lighting area of the site.

To be considered "ideally oriented," the luminaire must be mounted with the backlight portion of the light output oriented perpendicular and towards the property line of concern.

Figure 7b Maximum Allowable Uplight (BUG) Ratings - Continued

	LZ-0	LZ-1	LZ-2	LZ-3	LZ-4
Allowed uplight rating	U0	U1	U2	U3	U4
Allowed % light emission above 90° for street or area lighting	0%	0%	0%	0%	0%

Figure 7c Maximum Allowable Glare (BUG) Ratings - Continued

	LZ-0	LZ-1	LZ-2	LZ-3	LZ-4
Allowed Glare Rating	G0	G1	G2	G3	G4
Any luminaire not ideally oriented*** with 1 to less than 2 mounting heights to any property line of concern	G0	G0	G1	G1	G2
Any luminaire not ideally oriented*** with 0.5 to 1 mounting height to any property line of concern	G0	G0	G0	G1	G1
Any luminaire not ideally oriented*** with less than 0.5 mounting height to any property line of concern	G0	G0	G0	G0	G1

***	Any luminaire that cannot be mounted with its backlight perpendicular to any property line within two times the mounting heights of the luminaire location shall meet the reduced allowed glare rating in Figure 7c.

Figure 8 Performance Method Allowed Total Initial Site Lumens

May be used on any project.

	LZ-0	LZ-1	LZ-2	LZ-3	LZ-4
Allowed lumens per square foot	0.5	1.25	2.5	5.0	7.5
Allowed base lumens per site	0	3,500	7,000	14,000	21,000

Figure 9 Performance Method Additional Initial Luminaire Lumen Allowances. All of the following are "use it or lose it" allowances.

All area and distance measurements in plan view unless otherwise noted.

	LZ-0	LZ-1	LZ-2	LZ-3	LZ-4
Additional lumens allowances for all buildings except service stations and outdoor sales facilities. A maximum of three allowances are permitted. These allowances are "use it or lose it."
Building entrances or exits. This allowance is per door. In order to use this allowance, luminaires must be within 20 feet of the door.	400	1,000	2,000	4,000	6,000
Building facades. This allowance is lumens per unit area of building facade that are illuminated. To use this allowance, luminaires must be aimed at the facade and capable of illuminating it without obstruction.	0	0	8 lumens per square foot	16 lumens per square foot	24 lumens per square foot
Sales or non-sales canopies. This allowance is lumens per unit area for the total area within the drip line of the canopy. In order to qualify for this allowance, luminaires must be located under the canopy.	0	3 lumens per square foot	6 lumens per square foot	12 lumens per square foot	18 lumens per square foot
Sales or non-sales canopies. This allowance is lumens per unit area for the total area within the drip line of the canopy. In order to qualify for this allowance, luminaires must be located under the canopy.	0	6 lumens per square foot	12 lumens per square foot	24 lumens per square foot	36 lumens per square foot
Outdoor dining. This allowance is lumens per unit area for the total illuminated hardscape of outdoor dining. In order to use this allowance, luminaires must be within 2 mounting heights of the hardscape area of outdoor dining	0	1 lumen per square foot	5 lumens per square foot	10 lumens per square foot	15 lumens per square foot
Drive-up windows. This allowance is lumens per window. In order to use this allowance, luminaires must be within 20 feet of the center of the window.	0	2,000 lumens per drive-up window	4,000 lumens per drive-up window	8,000 lumens per drive-up window	8,000 lumens per drive-up window
Additional lumens allowances for service stations only. Service stations may not use any other additional allowances.
Vehicle service station hardscape. This allowance is lumens per unit area for the total illuminated hardscape area less area of buildings, area under canopies, area off property, or areas obstructed by signs or structures. In order to use this allowance, luminaires must be illuminating the hardscape area and must not be within a building, below a canopy, beyond property lines, or obstructed by a sign or other structure.	0	4 lumens per square foot	8 lumens per square foot	16 lumens per square foot	24 lumens per square foot
Vehicle service station canopies. This allowance is lumens per unit area for the total area within the drip line of the canopy. In order to use this allowance, luminaires must be located under the canopy.	0	8 lumens per square foot	16 lumens per square foot	32 lumens per square foot	32 lumens per square foot
Additional lumens allowances for outdoor sales facilities only. Outdoor sales facilities may not use any other additional allowances. NOTICE: lighting permitted by these allowances shall employ controls extinguishing this lighting after a curfew time to be determined by the Authority.
Outdoor sales lots. This allowance is lumens per square foot of uncovered sales lots used exclusively for the display of vehicles or other merchandise for sale, and may not include driveways, parking or other non-sales areas and shall not exceed 25% of the total hardscape area. To use this allowance, luminaires must be within 2 mounting heights of the sales lot area.	0	4 lumens per square foot	8 lumens per square foot	12 lumens per square foot	18 lumens per square foot
Outdoor sales frontage. This allowance is for lineal feet of sales frontage immediately adjacent to the principal viewing location(s) and unobstructed for its viewing length. A corner sales lot may include two adjacent sides provided that a different principal viewing location exists for each side. In order to use this allowance, luminaires must be located between the principal viewing location and the frontage outdoor sales area.	0.0	0	1,000 lumens per linear foot	1,500 lumens per linear foot	2,000 lumens per linear foot

Figure 10 Maximum Vertical Illuminance at any point in the plane of the property line

	LZ-0	LZ-1	LZ-2	LZ-3	LZ-4
0.05 footcandle or 0.5 Lux	0.1 footcandle or 1.0 Lux	0.3 footcandle or 3.0 Lux	0.8 footcandle or 8.0 Lux	1.5 footcandles or 15.0 Lux

§ 30-510.7 Residential Lighting.

General Requirements: For residential properties, including multiple residential properties not having common areas, all outdoor luminaires shall be fully shielded and shall not exceed the allowed lumen output in Figure 11, Row 2.

Exceptions.

(a)

One partly shielded or unshielded luminaire at the main entry, not exceeding the allowed lumen output in Figure 11, Row 1.

(b)

Any other partly shielded or unshielded luminaires not exceeding the allowed lumen output in Figure 11, Row 3.

(c)

Low-voltage landscape lighting aimed away from adjacent properties and not exceeding the allowed lumen output in Figure 11, Row 4.

(d)

Shielded directional flood lighting aimed so that direct glare is not visible from adjacent properties and not exceeding the allowed lumen output in Figure 11, Row 5.

(e)

Open flame gas lamps.

(f)

Lighting installed with a vacancy sensor, where the sensor extinguishes the lights no more than 15 minutes after the area is vacated.

(g)

Lighting exempt per § 30-510.1.

Requirements for residential landscape lighting.

(a)

Shall comply with Figure 11.

(b)

Shall not be aimed onto adjacent properties.

Figure 11 - Residential Lighting Limits

	LZ-0	LZ-1	LZ-2	LZ-3	LZ-4
Row 1 Maximum allowed luminaire lumens* for unshielded luminaries at one entry only	Not allowed	420 lumens	630 lumens	630 lumens	630 lumens
Row 2 Maximum allowed luminaire lumens* for each fully shielded luminaire	630 lumens	1,260 lumens	1,260 lumens	1,260 lumens	1,260 lumens
Row 3 Maximum allowed luminaire lumens* for each unshielded luminaire excluding main entry	Not allowed	315 lumens	315 lumens	315 lumens	315 lumens
Row 4 Maximum allowed luminaire lumens* for each landscape lighting	Not allowed	Not allowed	1,050 lumens	2,100 lumens	2,100 lumens
Row 5 Maximum allowed luminaire lumens* for each shielded directional flood lighting	Not allowed	Not allowed	1,260 lumens	2,100 lumens	2,100 lumens
Row 6 Maximum allowed luminaire lumens* for each low-voltage landscape lighting	Not allowed	Not allowed	525 lumens	525 lumens	525 lumens

*	Luminaire lumens equals initial lamp lumens for a lamp, multiplied by the number of lamps in the luminaire.

§ 30-511 DRAINAGE.

[New]

All residential developments must comply with the most recent addition of the New Jersey Residential Site Improvement Standards (RSIS) and all its amendments. Where the RSIS do not address a specific design standard then the relevant standard established in this section shall apply.

§ 30-511.1 Design Storms.

Storm sewers, open channels, bridges and culverts shall be designed for minimum flow capacities as follows:

	Design Capacity
Drainage system*	25 years
Drainage structures**	100 years
Open channels	As determined by the Borough Engineer

*Editor's Note: The term drainage system refers to the composite of all drainage infrastructure improvements.

**Editor's Note: The term drainage structures refers to particular drainage infrastructure improvements such as bridges, culverts, detention and retention facilities.

§ 30-511.2 Surface Drainage.

As required, approval for drainage systems of facilities shall be obtained from the appropriate municipal, County, State and Federal agencies and offices or such approval shall be a condition of preliminary approval. When required, each applicant shall make application to the State Division of Water Policy and Supply of the Department of Environmental Protection, to the County Engineering Department and to the Borough Engineer. Letters of approval from the appropriate governmental authorities shall be furnished to the Board Secretary, with copies to the Borough Engineer.

Where a lot or a tract is traversed by a watercourse, surface or underground drainage system, channel or stream carrying water from an adjacent tract of land, there shall be provided and dedicated a drainage right-of-way easement to the Borough conforming substantially with the lines of such watercourse, and such further width or construction or both as will be adequate to accommodate expected stormwater runoff in the future, based upon reasonable growth potential in the Borough and in any event, meeting the minimum widths and locations shown on an adopted Official Map or element of the Master Plan for the Borough, or where not so shown having a minimum width of twenty (20) feet.

The system shall be adequate to carry off or store the stormwater and natural drainage which originates not only within the lot or tract boundaries, but also that which originates beyond the lot or tract boundaries and traverses the site. No stormwater runoff or natural drainage shall be diverted so as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without adequate provision for off-tract improvements to accommodate the condition(s). Final disposition of stormwater shall be to an existing natural watercourse.

Street and off-site drainage facilities must be provided with sufficient catch basins, storm sewers, culverts, swales, and/or other drainage appurtenances for the proper drainage of the area in light of existing conditions and the proposed construction of buildings and paved areas.

Lots shall be graded to secure proper drainage away from buildings and into drainage facilities. Additionally, drainage shall be provided in a manner which will prevent the collection of stormwater in pools or other unauthorized concentrations of flow. To the extent possible, grading shall not divert water to flow across property lines.

§ 30-511.3 Building Drainage.

All sump pumps, roof leaders and foundation drains shall be connected to the stormwater system, if available. No connections shall be permitted into any sanitary sewer.

[Amended 7-16-2019 by Ord. No. 13-2019]

To prevent water from entering basements or cellars in areas where a high water table exists or is anticipated, as determined from secondary sources, the Board shall require the applicant to provide adequate subsurface drainage facilities before any basements or cellars are approved for construction.

§ 30-511.4 Materials.

Storm sewers and culverts shall be constructed of reinforced concrete pipe, corrugated metal pipe, or aluminum culvert pipe as hereinafter specified.

Reinforced concrete pipe shall conform to the requirements of "Standard Specifications for Reinforced Concrete Pipes, A.S.T.M. designation C-76" of the year of last revision.

Corrugated metal pipe shall conform to the requirements of current A.A.S.H.O. specifications, designation M-36, for corrugated metal culvert pipe, and, in addition shall be provided with an exterior bituminous lining applied by a centrifugal method, extending not less than one-eighth (1/8) inch beyond the rest of the corrugations forming the entire inner circumference of the pipe. After application of the lining, the internal diameter of twelve (12) to twenty-four (24) inch pipe shall not vary more than one and one-half (1.5%) percent from the nominal diameter. The internal diameter of larger pipe after application of the lining shall not vary more than one (1%) percent or three-eights (3/8) inch whichever is greater, from the nominal diameter. Material for lining shall conform to the requirements of Article 8.1.3 of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction for 1961 as amended.

Where adequate to accommodate stormwater runoff, six (6) inch PVC may be used to connect yard drains, leaders, etc. However, adequate cleanouts shall be provided to allow for maintenance of the system.

§ 30-512 STORMWATER MANAGEMENT AND CONTROL.

[Ord. No. 10-2006; Ord. No. 26-2006; Ord. No. 19-2021. Amended in its entirety 12-19-2023 by Ord. No. 29-2023.]

§ 30-512.1 Scope and Purpose.

[Added 12-19-2023 by Ord. No. 29-2023]

Policy Statement.

Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for green infrastructure, water quality, quantity, and groundwater recharge.

Purpose.

The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in subsection 30-512.2.

Applicability.

This section shall be applicable to all projects that meet the definition of "minor development" or "major development" as defined below.

This section shall be applicable to the following major developments:

(a)

Non-residential major developments and redevelopment projects; and

(b)

Aspects of residential major developments and redevelopment projects that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21 et seq.

This section shall also be applicable to all major developments undertaken by Borough of Roseland.

Applicability of this section to major developments shall comply with last amended N.J.A.C. 7:8-1.6, incorporated herein by reference and minor developments as defined herein.

Compatibility with Other Permit and Ordinance Requirements.

Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

§ 30-512.2 Definitions.

[Added 12-19-2023 by Ord. No. 29-2023]

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 section 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. The definitions used in this section shall be the same as the last amended Stormwater Management Rules at N.J.A.C. 7:8-1.2, incorporated herein by reference. The following additional terms are defined for this chapter only.

EXEMPT DEVELOPMENT — Shall mean any development that creates less than 500 square feet of new impervious area and disturbs less than 1,500 square feet of land. Further, an exempt development shall not meet the definition of "minor development."

MINOR DEVELOPMENT — Shall mean any development that results in the creation of 500 square feet or more of new impervious area or one that disturbs more than 1,500 square feet of land area. Further, a minor development shall not meet the definition of "major development" in N.J.A.C. 7:8.

MAJOR DEVELOPMENT — (repeated from N.J.A.C. 7:8) Shall mean an individual "development," as well as multiple developments that individually or collectively result in:

The disturbance of one or more acres of land since February 2, 2004;

The creation of one-quarter acre or more of "regulated impervious surface" since February 2, 2004;

The creation of one-quarter acre or more of "regulated motor vehicle surface" since March 2, 2021; or

A combination of paragraphs 2 and 3 above that totals an area of one-quarter acre or more. The same surface shall not be counted twice when determining if the combination area equals one-quarter acre or more.

Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of paragraphs 1, 2, 3, or 4 above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."

§ 30-512.3 Design and Performance Standards for Stormwater Management Measures.

[Added 12-19-2023 by Ord. No. 29-2023]

This section establishes design and performance standards for stormwater management measures for major development intended to minimize the adverse impact of stormwater runoff on water quality and water quantity and loss of groundwater recharge in receiving water bodies.

Exempt Developments. Any project meeting the definition of "exempt development" shall be exempt from the provisions of this section.

Minor Developments. Minor developments shall be designed to include the following stormwater management measures:

Water Quality. Soil erosion and sediment control measures shall be installed in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey.

Rate/Volume Control. Seepage pits or other infiltration measures shall be provided with a capacity of three inches of runoff for each square foot of new impervious area. Stone used in the infiltration devices shall be 2 1/2 inches clean stone and design void ratio of 33% shall be used. The infiltration measures shall be designed with an overflow to the surface which shall be stabilized and directed to an existing stormwater conveyance system or in a manner to keep the overflow on the developed property to the greatest extent feasible. If the new impervious surface is not roof area, an equivalent area of existing roof may be directed to the infiltration system. This shall be permitted where the existing roof is not already directed to infiltration devices.

Major Developments. Design and performance standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5, incorporated herein by reference.

§ 30-512.4 Waivers and Exceptions.

[Added 12-19-2023 by Ord. No. 29-2023]

Standards for relief (Minor Development). Waivers from strict compliance with the design standards for minor development shall only be granted upon showing that meeting the standards would result in an exceptional hardship on the applicant or that the benefits to the public good of the deviation from the standards would outweigh any detriments of the deviation. A hardship will not be considered to exist if reasonable reductions in the scope of the project would eliminate the noncompliance.

Standards for relief (Major Development). Waivers from strict compliance with the design and performance standards for major development shall meet the requirements N.J.A.C. 7:8-4.6.

Reviewing agency. All applications subject to the review of the Land Use Board shall be reviewed by the Board concurrently with subdivision or site plan review. Applications not subject to Land Use Board review shall be reviewed by the Borough Engineer.

Appeals. The appeal of the determination of the Borough Engineer shall be made in accordance with N.J.S.A. 40:55D-70a.

§ 30-512.5 Solids and Floatable Materials Control Standards (Major Development).

[Added 12-19-2023 by Ord. No. 29-2023]

Site design features identified under subsection 30-512.3 above, or alternative designs in accordance with this section, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 30-512.5a2 below.

Design engineers shall use one 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:

(a)

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; or

(b)

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. Note that the Residential Site Improvement Standards at N.J.A.C. 5:21 include requirements for bicycle safe grates.

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 system floors used to collect stormwater from the surface into a storm drain or surface water body.

(c)

For curb-opening inlets, including curb-opening inlets in combination inlets, 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.

The standard in subsection 30-512.5a1 above does not apply:

(a)

Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;

(b)

Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;

(c)

Where flows from the water quality design storm as specified in the last amended Stormwater Management rules at N.J.A.C. 7:8 et seq. 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:

(1)

A rectangular space 4.625 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or

(2)

A bar screen having a bar spacing of 0.5 inches.

Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).

(d)

Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or

(e)

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.

§ 30-512.6 Safety Standards for Stormwater Management Basins.

[Added 12-19-2023 by Ord. No. 29-2023]

This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin. Safety standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-6, incorporated herein by reference.

Safety Ledge Illustration.

Elevation View — Basin Safety Ledge Configuration

§ 30-512.7 Requirements for a Site Development Stormwater Plan (Major Development).

[Added 12-19-2023 by Ord. No. 29-2023]

Submission of Site Development Stormwater Plan.

Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection 30-512.7c below as part of the submission of the application for approval.

The applicant shall demonstrate that the project meets the standards set forth in this section.

The applicant shall submit six copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection 30-512.7c of this section.

Site Development Stormwater Plan Approval.

The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

Submission of Site Development Stormwater Plan. The following information shall be required:

Topographic Base Map.

The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.

Environmental Site Analysis.

A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

Project Description and Site Plans.

A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

Land Use Planning and Source Control Plan.

This plan shall provide a demonstration of how the goals and standards of subsection 30-512.3 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

Stormwater Management Facilities Map.

The following information, illustrated on a map of a scale of one inch equals 50 feet or smaller shall be included:

(a)

Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

(b)

Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

Calculations.

(a)

Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection 30-512.3c of this section.

(b)

When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

Maintenance and Repair Plan.

The design and planning of the stormwater management facility shall meet the maintenance requirements of § 30-512.9.

Waiver from Submission Requirements.

The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in subsection 30-512.7c1 through c6 of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

Application and Review Fees.

There shall be no additional fees for stormwater review for applications to the Land Use Board. Applications to the Borough Engineer shall be accompanied by a review fee in the amount of $250 for minor developments and an initial escrow deposit of $1,000 for major developments. If a project is approved, an inspection escrow deposit shall be made in an amount to be determined by the Borough Engineer.

§ 30-512.8 Requirements for a Site Development Stormwater Plan (Minor Development).

[Added 12-19-2023 by Ord. No. 29-2023]

The following information shall be required:

Topographic Base Map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 50 feet beyond the limits of the proposed development, at a scale of one inch equals 30 feet or larger, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.

Project Description and Site Plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping.

Stormwater Management Facilities Map.

The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

(a)

(b)

Details of all stormwater management facility designs.

Calculations demonstrating compliance with the minor development standards of § 30-512.3 (B) must be submitted.

Waiver from Submission Requirements.

The Borough Engineer may waive submission of any of the requirements in subsection 30-512.8a1 through a4 of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

Application and Review Fees.

There shall be no additional fees for stormwater review for applications to the Land Use Board. Applications to the Borough Engineer shall be accompanied by a review fee in the amount of $250 for minor developments. If a project is approved, an inspection escrow deposit shall be made in an amount to be determined by the Borough Engineer.

§ 30-512.9 Maintenance and Repair.

[Added 12-19-2023 by Ord. No. 29-2023]

Applicability.

Projects subject to review as in § 30-512.1 (C) of this section shall comply with the requirements of § 30-512.9 (B) and § 30-512.9 (C).

General Maintenance.

Maintenance for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.

The following requirements of N.J.A.C. 7:8-5.8 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department:

(a)

If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation; and

(b)

Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.

In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

§ 30-512.10 Penalties.

[Added 12-19-2023 by Ord. No. 29-2023]

Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the following penalties:

Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $2,000 for each offense or by imprisonment for a term not to exceed 90 days, or a requirement of community service not to exceed 90 days. A separate offense shall be deemed committed on the day on which a violation occurs and each day the violation continues to occur.

§ 30-512.11 Enforcement.

[Added 12-19-2023 by Ord. No. 29-2023]

This section shall be enforced by the Borough Property Maintenance Officer, Zoning Officer, or the Borough Engineer or their designee.

§ 30-512.12 Severability.

[Added 12-19-2023 by Ord. No. 29-2023]

Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.

§ 30-512.13 Effective Date.

[Added 12-19-2023 by Ord. No. 29-2023]

This section shall be in full force and effect from and after its adoption and any publication as required by law.

§ 30-513 SEWAGE DISPOSAL

All sewage disposal shall utilize public sewers, designed in accordance with the requirements of the applicable sewage authority.

§ 30-514 WATER SUPPLY AND FIRE PROTECTION

§ 30-514.1 Public Water.

Where public water is accessible, water mains shall be constructed in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the agency having approval authority and shall be subject to its approval provided, however, that the system shall not include treatment or storage facilities to service off-tract development. The system shall be designed with adequate capacity and sustained pressure in a looped system with no dead-end lines.

§ 30-514.2 Private Wells.

Where no public water is accessible, water shall be furnished on an individual lot basis, or, if controlled by a homeowners association or similar organization, one (1) well may service multiple lots. If wells are installed on each lot and the lot also contains its own sewage disposal facilities, the wells shall be of the drilled type with a minimum of fifty (50) feet of casing. Well installation, sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954), as amended, and shall be certified by the well driller. Before being placed in consumer use, it shall be disinfected by the use of sodium hypochlorite or other acceptable solution and a sample collected by a County or State Health Department representative for bacteriological examination as well as a certificate from the Health Officer that the owner has complied with the applicable local and State health regulations shall be submitted to the Borough before the issuance of building permits in connection with each individual lot.

§ 30-514.3 Fire Protection.

In areas served by public water, fire hydrants shall be located as approved by the Chief of the Fire Department.

Where there is a public water system, no portion of a structure shall be more than three hundred (300) feet from a fire hydrant.

Where no public water exists or will be provided, and where streams or ponds exist or are proposed on lands to be developed, facilities shall be provided to draft water for firefighting purposes. This shall include access to a public street suitable for use by firefighting equipment and construction of or improvements to ponds, dams or similar on-site or off-site development, where feasible. Such facilities shall be constructed to the satisfaction of the Borough Engineer, Fire Inspector and Fire Insurance Rating Organization Standards.

§ 30-515 UTILITIES.

§ 30-515.1 Utilities to be Provided.

All developments shall be served by telephone and electric service, and, where available, gas service, public water in accordance with Section 30-514, public sanitary sewerage in accordance with Section 30-513 and cable T.V.

Each such service shall be connected to an approved public utilities system where one exists.

§ 30-515.2 Location.

All utility services shall be below ground, except that terminal boxes may be located above ground. If located within a street, the utilities shall be outside of the cartway except for required crossings. Lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from these overhead lines, but any new service connections from the utilities' overhead lines shall be installed underground. 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 development and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground, if in accordance with current PUC regulations.

The developer shall arrange with the servicing utility for the underground installation of the utilities' distribution supply lines and service connections in accordance with the provisions of the applicable Standard Terms and Conditions incorporated as part of the servicing utility's tariff and on file with the State of New Jersey Board of Public Utility Commissioners. The developer shall submit prior to the granting of final approval, a written instrument from each servicing utility which shall evidence full compliance or intended full compliance with the provisions of this section.

§ 30-515.3 As-Built Plans.

The developer shall provide the Borough with at least four (4) copies of a final "as built" plan showing the installed location(s) of all utilities.

§ 30-516 LANDSCAPING, SHADE TREES AND BUFFERS.

§ 30-516.1 Landscaping.

The entire development shall be landscaped in accordance with an approved landscaping plan. Landscaping shall include items having an effect on project safety, habitability and appearance such as:

Grading and water features.

Plantings and grassed areas.

Surfacing and finishes.

Walls and fences.

Area lighting.

Signs and street and site furniture.

Preservation of natural features.

The project shall be landscaped so as to best adapt the site to the intended use, to control the project's environmental impact and to enhance the appearance of the project, both on-site and from the surrounding area.

§ 30-516.2 Standards.

Plantings shall be in accordance with the following standards:

Plant Material. American Association of Nurserymen's American Standard for Nursery Stock, current edition.

Grassing. New Jersey State Soil Conservation Committee's Standards for Soil Erosion and Sedimentation Control in New Jersey, current edition.

§ 30-516.3 Shade Trees.

[Amended 12-15-2020 by Ord. No. 25-2020]

Each development plan shall provide for shade trees having a maximum spacing of fifty (50) feet along each side of all streets, public or private, existing or new. In determining the need for new shade trees, the location of existing shade trees shall be considered, and if existing shade trees will remain, new shade trees will not be required in such areas. Additionally, shade trees shall be provided within parking areas containing eight thousand (8,000) or more square feet and shall be planted at a minimum ratio of one (1) shade tree for every ten (10) parking spaces. Shade trees shall be a minimum caliper of two and one-half (2 1/2) inches (D.B.H.). The Board may consult with the Borough Arborist concerning the adequacy and appropriateness of the proposed shade trees.

§ 30-516.4 Screening.

Screening shall be accomplished through the use of landscape plantings, and shall include as a minimum fifteen (15) conifers and five (5) deciduous trees per one hundred (100) linear feet. Plantings shall be a minimum of six (6) feet in height and have a minimum diameter of two and one-half (2 1/2) inches (D.B.H.).

§ 30-516.5 Landscaping of Buffer Areas.

Landscaping of required buffers and screens shall take into account the opportunities presented by existing site features. Screening, where required, shall be achieved by fencing, earth forms and plantings applied singly or in combination, as necessary. Landscaping used for buffering purposes shall be compatible in scale and character with the surrounding prevailing landscape and project features and shall be designed as part of the overall landscaping plan.

§ 30-516.6 Soil Erosion and Sedimentation Control.

The landscaping plan shall be compatible with the soil erosion and sedimentation control plan.

§ 30-517 GRADING AND TOPSOIL REMOVAL.

§ 30-517.1 Soil Removal.

Soil removal shall be in accordance with provisions of Chapter XX, of the Revised General Ordinances of the Borough of Roseland.

All development plans shall include a grading plan which provides for a minimum amount of soil to be removed from or brought to the site.

No topsoil shall be removed from any lot or lots unless certified as excess (more than four (4) inches) in writing by the Borough Engineer. All topsoil so removed shall be placed elsewhere within the Borough.

§ 30-517.2 Grading.

All graded or stripped areas shall be stabilized by four (4) inches of topsoil and seeding or other landscaping. Exposed rock may be left in its natural state if it can be demonstrated that the rock face will remain stable.

All areas shown on the plan shall be graded to ensure that surface water flow is away from buildings and pedestrian walkways in accordance with the approved drainage plan.

Surfaces shall be designed to reduce maintenance requirements and allow the cutting of grass and cleaning of drainage swales and ditches without special equipment.

Wherever a change in final grade results in slopes in excess of 2:1 (other than a stable rock face) or wherever it is determined that slopes will not be stable or that erosion will occur, retaining walls shall be used which shall be of a permanent, maintenance free design.

§ 30-517.3 Residential Lots.

Prior to the issuance of a construction permit, detailed grading plans shall be provided for review by the Borough Engineer. No certificate of occupancy shall be issued until the Borough Engineer is satisfied that final grading has been completed in accordance with the detailed grading plans.

§ 30-518 TREE REMOVAL.

§ 30-518.1 Removal of Trees.

No tree with a diameter in excess of six (6) inches (D.B.H.) shall be removed if located a distance greater than twenty-five (25) feet from any construction unless approved by the Board.

All areas of tree removal shall be indicated on the development plan.

All provisions of any other applicable ordinance of the Borough of Roseland regulating the removal of trees shall be complied with.

§ 30-518.2 Tree Protection.

Treed areas to remain shall be protected physically during construction, the method of protection to be approved by the Board.

Wherever grading results in fill being placed around the base of any tree that is to remain, a tree well shall be provided.

§ 30-519 OPEN SPACE.

§ 30-519.1 Requirements.

When a development plan incorporates open space, the applicant may, if both the applicant and the Borough agree, deed the open space to the Borough. If the development plan incorporates multiple ownership such as a cooperative or a condominium, any open space not deeded to the Borough shall be owned and maintained by an Association.

As part of the application for any site plan incorporating open space, a maintenance agreement shall be submitted to the Board for review and approval.

§ 30-519.2 General Design Criteria.

The use of land for active recreation shall be limited to those areas where topographic features will allow such use without extensive grading and removal of natural vegetation. While the specific usage shall be determined by the applicant, the recreational facilities provided should be suitable for use by the anticipated occupants of the development and should augment and not duplicate existing Borough recreational facilities in the vicinity of the tract if such facilities adequately serve the proposed development.

Passive open space should be left in its natural state, augmented for erosion control and aesthetic value by landscaping. Particular effort should be made to reduce future maintenance requirements. Improvements should be limited to pedestrian circulation, picnic areas, and similar uses.

Plans, specifications and manufacturers' catalogue cuts of any proposed recreational improvements or equipment shall be included for the Board's review prior to final approval of the site plan.

§ 30-520 PARKING AND LOADING.

§ 30-520.1 Parking.

[Ord. No. 07-2017 § 4]

The development plan shall show the total number of off-street parking spaces required for the use or combination of uses indicated in the application. The schedule below represents standards acceptable to the Borough. Since a specific use or combination of uses may generate a parking demand different from those enumerated below, documentation and testimony may be presented to the Board as to the anticipated parking demand. Based upon such documentation and testimony, the Board may:

Allow construction of a lesser number of spaces, provided that adequate provision is made for construction of the required spaces in the future.

In the case of nonresidential uses, require that provision be made for the construction of spaces in excess of those required hereinbelow, to ensure that the parking demand will be accommodated by off-street spaces.

Allow the joint or shared use of parking for multiple uses with different peak parking demands.

Residential Uses.

Residential Uses		Required Spaces
1.	Detached residential	2 spaces per dwelling unit
2.	Attached residential:
	Studio, one bedroom	1.8 spaces per unit
	Two-bedroom	2.2 spaces per unit
	Three bedroom	2.5 spaces per unit
	Affordable, senior citizen	2.0 spaces per unit, maximum (Total to be rounded to next higher number.)

Nonresidential Uses.

Nonresidential Uses		Required Spaces
1.	Retail sales, service	1 space for every 200 square feet of gross floor area or a part thereof
2.	Office
	Under 49,999 sq. ft. GFA	5 per 1,000 sq. ft. GFA
	50,000 — 99,000 sq. ft. GFA	4 per 1,000 sq. ft. GFA
	100,000+ sq. ft. GFA	4.5 per 1,000 sq. ft. GFA or a part thereof
3.	Industrial Manufacturing	1 per 500 sq. ft. GFA or a part thereof
4.	Warehouse — Storage	1 per 500 sq. ft. GFA or a part thereof
5.	Schools and appurtenant structures with grades up to 10th	1 per 400 sq. ft. GFA or a part thereof
6.	Schools and appurtenant structures with grades 10 through 12	1 per 200 sq. ft. GFA or a part thereof
7.	Churches and other places of worship	1 space for every 3 seats in sanctuary plus 1 space for every 250 sq. ft. of remaining floor area or a part thereof
8.	Municipal and Board of Education uses	1 space for every 200 sq. ft. of floor area or a part thereof
9.	Traditional full service restaurants	1 space for each 3 patron seats
10.	Convenience stores	1 space per 100 sq. ft. GFA or a part thereof
11.	Parks	1 space for each employee plus user spaces as deemed necessary
12.	Business luncheon clubs	1 space for every 5 patron seats
13.	Public garages or gasoline service stations	1 space per employee plus 4 per bay
14.	Nursing homes and sanitariums	1 space for every 2 beds

General Requirements.

For each dwelling unit in a nonresidential district, two (2) off-street parking spaces shall be provided.

Permitted nonresidential uses in all residential districts shall be provided with one (1) off-street parking space for every two hundred (200) square feet of floor area, or any fraction thereof, of any building area so used.

Any building containing more than one (1) use shall meet the combined parking space requirements for all uses in the building, except as provided in paragraph a. above.

No change in use within a building shall be allowed unless it can be shown sufficient parking is available for the new use on the site.

For each use, handicapped parking shall be required as a portion of the required parking in accordance with the Barrier-Free Design Regulations, as amended, promulgated by the State of New Jersey.

[Ord. No. 23-1997 § IV]

§ 30-520.2 Location of Spaces.

[Ord. No. 5-2008]

Residential Zones.

Off-street parking is permitted in any side or rear yard provided said spaces shall not be closer than five (5) feet from the property line.

For the purpose of administering this provision, any driveway that connects the abutting street with a garage servicing a detached or single-family attached dwelling can be used to meet the required off-street parking provision.

Nonresidential Zones.

All required off-street parking shall be located on the same lot as the use requiring the parking except as allowed below and as specifically approved by the Board.

In the B-1 Zone only, the applicant may request the Borough, and the Borough may agree, to construct the required parking, whether on or off-site, provided that the applicant pay the full cost of the construction, and further provided that all parking spaces will be located within five hundred (500) feet of the building to be served.

Any owner or group of owners of two (2) or more nonresidential buildings or uses located in the same block in a B-1 Zone may jointly sponsor the construction of off-street parking facilities, whether on or off-site, provided that: all other applicable requirements of this subsection are met; and further provided that the parking facilities, the buildings and the uses are located in the same block; and further provided that the parking facilities are located on the same side of the street and are not separated by any street; and further provided that no participating use is further than three hundred (300) feet from the edge of the parking area serving it.

Off-street parking is permitted in any front, side and rear yard pursuant to a plan approved by the Board.

The provisions of Section 30-520 above shall not apply to the continuation of any lawfully nonconforming building or use in existence as of May 29, 1979, so long as its current use is not substantially changed. If the building or use shall be substantially changed to the extent that this chapter requires more parking, then the applicant shall provide that additional parking equal to the differential between that required by the proposed use or building in existence when this chapter was enacted. No additional parking requirements shall prevent or preclude the repair, reconstruction or rebuilding of existing nonconforming off-street parking facilities.

If any applicant can clearly demonstrate to the Planning Board that because of the nature of his operation or use the parking requirements of this subsection are unnecessary or excessive, the Planning Board shall have the power to approve a site plan showing less paved parking area than is required by this subsection; provided, however, that a landscaped area of sufficient size to meet the deficiency shall be set aside and reserved for the purposes of meeting future off-street parking requirements in the event that a change of use of the premises shall make such additional off-street parking space necessary. Anything in this subsection to the contrary notwithstanding no certificate of occupancy shall be valid except for the particular use for which it was issued, and any change on any premises previously improved under this paragraph shall only be permitted after a new site plan shall have been submitted to and reviewed and approved by the Board. All parts of any yards not used for off-street parking area shall be adequately landscaped, subject to approval by the Board and maintained in good condition.

§ 30-520.3 Loading.

Number of Spaces. In all zone districts, for every building, or part thereof, hereafter erected, which is to be occupied for manufacturing, storage, display of goods, retail sales, wholesale or warehouse, market, hospital for humans, laundry, dry cleaning establishment, or other use requiring the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained on the same premises with such use, at least, one off-street loading space.

Location. Loading areas shall be located in side or rear yards only and shall be designed so that no portion of a vehicle shall extend over a public right-of-way during loading or unloading activities.

No part of an off-street loading space shall be nearer than 25 feet to any property line.

§ 30-521 AGREEMENTS.

The following agreements shall be provided by the applicant for review and comment or approval by the Board. These agreements shall be part of the final site plan submission, but may be submitted for discussion prior to the final submission.

§ 30-521.1 Developer's Agreement.

The applicant shall prepare a Developer's Agreement in a form acceptable to the Borough. This agreement shall set forth the bonding and inspection fee requirements, the period required for the completion of public improvements, and any conditions set forth in the resolutions of preliminary and final approval.

§ 30-521.2 Deeds/Easements.

For property to be transferred to the Borough and for all easements shown on the site plan and requested by the Board, the applicant shall prepare all necessary deeds of transfer of title and/or easements in a form acceptable to the Borough. These deed(s) shall be accompanied by a map drawn to the scale of the Borough's tax maps showing proposed lot lines, easements and lot numbers.

§ 30-521.3 Ownership Organizations.

If any site plan is approved which involves lands in common ownership, or common elements, the applicant shall establish an organization(s) to own and maintain such common lands and elements. Those documents establishing said organization(s) shall include the following provisions:

Membership in any created organization by all property owners with the right of enjoyment of all common lands and/or common elements shall be mandatory. Such required membership in any created organization and the responsibilities upon the members shall be in writing between the organization and the individual in the form of a covenant with each member agreeing to his liability for his pro rata share of the organization's costs and providing that the Borough shall be a third party beneficiary to such covenant entitled to enforce its provisions. The terms and conditions of said covenant shall be reviewed by both the Borough Attorney and the Planning Board Attorney prior to final approval.

Executed deeds transferring title of common land and/or common elements to the organization shall be tendered to the Borough simultaneously with the granting or as a condition of final approval stating that the prescribed use(s) of the lands in common ownership shall be absolute and not subject to reversion for possible future development for the Board's review. Final approval of the site plan shall expire ninety-five (95) days from the date of decision unless within such period the plat and all related deeds and easements shall have been duly filed by the developer with the County Recording Officer.

The organization shall be responsible for liability insurance, municipal taxes, maintenance of land and any facilities that may be erected on any land deeded to the organization and shall hold the Borough harmless from any liability relating to other common lands or common elements.

Any assessment levied by the organization may become a lien on the private properties in the development. The duly created organization shall be allowed to adjust the assessment to meet changing needs and any deeded lands may be sold, donated or in any other way conveyed to the Borough for public purposes only, but only if agreed to by the Borough.

The organization initially created by the developer shall clearly describe in its bylaws the rights and obligations of any owner and tenant in the development, along with the covenant and model deeds and the articles of incorporation of the association, prior to or as a condition of final approval by the Borough.

Part of the development proposals submitted to and approved by the Borough shall be the provisions to insure that control of the organization will be transferred to the individual owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the bylaws that the organization shall have the maintenance responsibilities for all lands to which they hold title in accordance with subsection 30-521.4 below.

§ 30-521.4 Maintenance Agreement.

Any site plan which incorporates open space and/or private roads entirely owned by the individual, partnership or corporation (other than a homeowner's, cooperative or condominium association) shall enter into a Maintenance Agreement with the Borough subject to the conditions set forth below.

Any site plan which incorporates open space, land in common ownership or common elements shall establish an organization to maintain such common lands and elements in accordance with law. Such organization shall not be dissolved, nor shall it sell or otherwise dispose of said common lands or elements except to another organization which is conceived and established to own and maintain said common lands and elements. Said organization shall enter into a Maintenance Agreement with the Borough subject to the conditions set forth below.

In the event that the owner or organization shall fail to maintain the open space or common elements in reasonable order and condition, the Borough Council may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization or owners have failed to maintain the open space in reasonable condition, and demanding that any deficiencies be remedied within thirty-five (35) days. This notice shall also state the date and the place of a hearing thereon which shall be held within fifteen (15) days of the date of the notice. At such hearing, the Borough Council may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modification thereof shall not be corrected within thirty-five (35) days of the date of the notice or within the period of any extension granted, the municipality, in order to preserve the open space or common elements and maintain the same for a period of one (1) year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space or common elements except when the same is voluntarily dedicated to the public by the organization or owners. Before the expiration of said year, the Borough Council shall, upon the request of the organization therefore responsible for the maintenance of the open space or common elements, call a public hearing upon fifteen (15) days notice to such organization or owners of the development, to be held by the Borough Council at which hearing such organization or owners of the development shall show cause why such maintenance by the municipality shall not, at the discretion of the municipality, continue for a succeeding year. If the Borough Council shall determine that such organization is ready and able to maintain such open space or common elements in reasonable condition, the municipality shall cease to maintain said open space or common elements at the end of said year. If the Borough Council shall determine such organization is not ready and able to maintain said open space or common elements in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space or common elements during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Borough Council in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the municipality shall be assessed ratable against the properties within the development that have a right of enjoyment of the open space or common elements, and shall become a tax lien on said properties. The municipality, at the time of entering upon said open space or common elements for the purpose of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien within the development and the same shall be discharged by the municipality upon payment as with other liens.

§ 30-522 PRIVATELY-OWNED SALT STORAGE.

§ 30-522.1 Purpose.

[Added 12-19-2023 by Ord. No. 30-2023]

The purpose of this section is to prevent stored salt and other solid de-icing materials from being exposed to stormwater.

This section establishes requirements for the storage of salt and other solid de-icing materials on properties not owned or operated by the municipality (privately-owned), including residences, in the Borough of Roseland to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply.

§ 30-522.2 Definitions.

[Added 12-19-2023 by Ord. No. 30-2023]

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 consistent 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.

DE-ICING MATERIALS

Any granular or solid material such as melting salt or any other granular solid that assists in the melting of snow.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

PERMANENT STRUCTURE

A permanent building or permanent structure that is anchored to a permanent foundation with an impermeable floor, and that is completely roofed and walled (new structures require a door or other means of sealing the access way from wind driven rainfall).

A fabric frame structure is a permanent structure if it meets the following specifications:

Concrete blocks, jersey barriers or other similar material shall be placed around the interior of the structure to protect the side walls during loading and unloading of de-icing materials;

The design shall prevent stormwater run-on and run through, and the fabric cannot leak;

The structure shall be erected on an impermeable slab;

The structure cannot be open sided; and

The structure shall have a roll up door or other means of sealing the access way from wind driven rainfall.

PERSON

Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

RESIDENT

A person who resides on a residential property where de-icing material is stored.

STORM DRAIN INLET

The point of entry into the storm sewer system.

§ 30-522.3 Deicing Material Storage Requirements.

[Added 12-19-2023 by Ord. No. 30-2023]

Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15th and April 15th:

Loose materials shall be placed on a flat, impervious surface in a manner that prevents stormwater run-through;

Loose materials shall be placed at least 50 feet from surface water bodies, storm drain inlets, ditches and/or other stormwater conveyance channels;

Loose materials shall be maintained in a cone-shaped storage pile. If loading or unloading activities alter the cone-shape during daily activities, tracked materials shall be swept back into the storage pile, and the storage pile shall be reshaped into a cone after use;

Loose materials shall be covered as follows:

(a)

The cover shall be waterproof, impermeable, and flexible;

(b)

The cover shall extend to the base of the pile(s);

(c)

The cover shall be free from holes or tears;

(d)

The cover shall be secured and weighed down around the perimeter to prevent removal by wind; and

(e)

Weight shall be placed on the cover(s) in such a way that minimizes the potential of exposure as materials shift and runoff flows down to the base of the pile.

(1)

Sandbags lashed together with rope or cable and placed uniformly over the flexible cover, or poly-cord nets provide a suitable method. Items that can potentially hold water (e.g., old tires) shall not be used;

Containers must be sealed when not in use; and

The site shall be free of all de-icing materials between April 16th and October 14th.

De-icing materials should be stored in a permanent structure if a suitable storage structure is available. For storage of loose de-icing materials in a permanent structure, such storage may be permanent, and thus not restricted to October 15 - April 15.

The property owner, or owner of the de-icing materials if different, shall designate a person(s) responsible for operations at the site where these materials are stored outdoors, and who shall document that weekly inspections are conducted to ensure that the conditions of this Section are met. Inspection records shall be kept on site and made available to the municipality upon request.

Residents who operate businesses from their homes that utilize de-icing materials are required to perform weekly inspections.

§ 30-522.4 Exemptions.

[Added 12-19-2023 by Ord. No. 30-2023]

Residents may store de-icing materials outside in a solid-walled, closed container that prevents precipitation from entering and exiting the container, and which prevents the de-icing materials from leaking or spilling out. Under these circumstances, weekly inspections are not necessary, but repair or replacement of damaged or inadequate containers shall occur within two weeks.

If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in subsection 30-522.3 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.

This section does not apply to facilities where the stormwater discharges from de-icing material storage activities are regulated under another NJPDES permit.

§ 30-522.5 Enforcement.

[Added 12-19-2023 by Ord. No. 30-2023]

This section shall be enforced by the Borough Property Maintenance Officer, Zoning Officer, Borough Engineer or his designee during the course of ordinary enforcement duties.

§ 30-522.6 Violations and Penalties.

[Added 12-19-2023 by Ord. No. 30-2023]

Any person(s) who is found to be in violation of the provisions of this section shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall result in fines as follows:

Any person, firm or corporation who shall violate any of the provisions of this section shall, upon conviction, be punished by a fine not to exceed $500 for each offense or by imprisonment for a term not to exceed 90 days, or a requirement of community service not to exceed 90 days. A separate offense shall be deemed committed on the day on which a violation occurs and each day the violation continues to occur.

The Mayor and Council of the Borough of Roseland may authorize the Borough of Roseland to take such action as deemed necessary to remedy said violation and condition, and the cost of said remedy, together with any other charges incurred, shall be a principal lien against the real property upon which said costs and charges were incurred in the same manner of real property taxes, such costs to include the manpower cost per hour of Borough employees required to complete said remedies as certified by the Superintendent of Public Works, direct costs for materials, and costs of any third-party contractor.