Township of Mahwah, NJ Site Plan Review

Preliminary site plan approval.

Final site plan approval.

Any site plan requiring conditional use approval.

Any site plan requiring subdivision approval.

Any site plan requiring planned development approval.

Any site plan requiring a variance of any type.

The initial escrow-deposit for site plan review shall be determined by the following table. The initial deposit shall be the sum of (a) plus (b) where:

= total square footage of improved lot coverage multiplied by the unit value from Table 1 for the corresponding zone.

= total square footage of lot coverage of buildings and accessory structures to be constructed multiplied by the unit value from Table 1 for the corresponding zone.

Table 1 Engineering Initial Escrow Review Fee — Combined Preliminary/Final Site Plan 3
Zone	Use	Improved Lot Coverage Factor X ($1 S.F.)	Lot Coverage Factor Y ($1 S.F.)
C-200	Conservation	2	2
R-80	S.F.	1	1
R-40	S.F.	1	1
R-20	S.F.	1	1
R-15	S.F.	1	1
R-5	S.F.	1	1
R-11	S.F.	1	1
	Two Family	1	1
GA-200	S.F.	4	4
	Garden Apt.	0.075	0.100
PRD-4	S.F.	4	4
	Other	2	2
PRD-6	S.F.	4	4
	Other	2	2
RM-6	S.F.	4	4
	Mobile Homes	0.050	0.050
B-200	Shopping Center	0.060	0.025
B-40	Highway Business	0.075	0.050
B-12	General Business	0.200	0.200
B-10	Neighborhood Business	0.200	0.200
OP-200	Office Park	0.050	0.025
IP-120	Industrial Park	0.075	0.030
GI-80	General Industry	0.080	0.040
GI-200	General Industry	0.035	0.015
GEM	Cemetery	—	0.040
FP	Flood Plain	2	2
CED/R-40	Cont. Econ. Dev't.
BZ	Buffer Zone	N/A	N/A
PRD-45	Adult/Patio Housing	4	4
LOD	Limited Office Dist.	0.100	0.250

Footnotes:
1.	See subsection 22-3.4 for applicable fee.
2.	Due to the wide variety of allowed uses, fee to be established on proposed use in this zone.
3.	In the instance where a developer files separate applications for preliminary and final site plan, 70% of the initial computed review fee shall be submitted with the preliminary site plan application with the remaining initial 30% being filed with the final site plan application.
4.	See Table 2 of subsection 26-3.2, f, 3 for method to calculate fee.

Unpaid Fees Establishes Liens. Any professional or consultant fees incurred as part of site plan approval or subdivision approval shall become a lien upon the subject premises and shall remain a lien upon the subject premises until they are paid directly or satisfied by payment from escrow accounts. Any professional or consultant vouchers which remain unpaid for 30 days or which cannot be satisfied from existing escrow deposits shall be certified by the Administrative Officer to the Township Assessor, and the Township Tax Collector. The sums shall be levied and collected at the same time and in the same manner as other Township taxes. All such monies received by the Collector shall be paid over to the Administrative Officer to be applied only to the purposes for which they were levied.

If an application for development is filed by a person other than the record owner of the premises, the consent of the owner to the filing of the application and to the implementation of this subsection must be indicated in writing on the application.

§ 22-3.5 Developer's Agreement.

[Ord. #595; 1976 Code § 145-9; Ord. #973, § III; Ord. #977, § III]

As a further condition to approval by the approving authority and the issuance of a building permit, the applicant shall be required to enter into a Developer's Agreement with the Township of Mahwah, detailing the conditions of approval and detailing the work to be performed by the applicant. If a report has not been received from a wetlands consultant under subsection 22-3.4, paragraph h., 3 or under subsection 26-3.2, paragraph f., 3 of this Code, the governing body may require such a wetlands report and the preparation of any documents required for filing reports with any governmental agencies, at the applicant's expense, prior to execution of the Developer's Agreement.

§ 22-3.6 Public Hearings.

[Ord. #595; 1976 Code § 145-10]

When Required. A public hearing shall be required for the following preliminary applications:

Site plan approval.

For any site plan requiring conditional use approval.

For any site plan requiring subdivision approval.

For any site plan requiring planned development approval.

For any site plan requiring a variance of any type.

Availability of Maps and Documents Prior to Hearing. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection during normal business hours in the office of the administrative officer at least 10 days before the date of the hearing. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

Notice of Public Hearings.

Notice of a public hearing shall be given to the owners of all real property, as shown on the current tax records, located within 200 feet in all directions of the property in question.

The notice shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for site plan approval by street address and lot and block number as shown on the current tax duplicate in the Assessor's office. The notice will also indicate that the maps and documents will be available at a specific time and location pursuant to paragraph b.

Notice shall be given at least 10 days prior to the date of the public hearing.

The applicant shall also cause notice of the hearing to be published in a newspaper of general circulation in the community at least 10 days prior to the public hearing.

Proof of service upon property owners and proof of publication in affidavit form shall be submitted to the administrative officer no less than 48 hours prior to the commencement of the public hearing.

Certification of List of Persons Entitled to Notice. Upon the written request of the applicant, the Tax Assessor shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice. The applicant shall be entitled to rely upon the information contained in such list and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.

Other Notification.

Notice of all hearings on applications for development involving property located within 200 feet of an adjoining Municipality shall be given by personal service or certified mail to the Clerk of such Municipality.

Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing County road shown on the Official County Map or on the County Master Plan, adjoining other County land or situated within 200 feet of a Municipal boundary.

Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.

Notice shall be given by personal service or certified mail to the director of the division of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the administrative officer.

Effect of Mailing Notice. Any notice made by certified mail shall be deemed complete upon mailing.

Verbatim Recording Required. The approving authority shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The authority shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense.

Written Findings and Conclusions. Each decision of the approving authority shall be in writing and shall include findings of facts and conclusions based thereon.

Copies and Notification of Decision.

A copy of the decision shall be mailed by the approving authority within 10 days of the date of the decision to the applicant or, if represented, to his attorney without separate charge, and to all who request a copy of the decision for a fee as specified herein. A copy of the decision shall also be filed by the approving authority in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a fee, as specified herein, and available for public inspection at his office during reasonable hours.

A brief notice shall be published in the official newspaper of the community. Such publication shall be arranged by the applicant. The period of time in which an appeal of the decision may be made shall run from the publication of the decision.

§ 22-3.7 Other Site Plan Requirements.

[Ord. #595; 1976 Code § 145-11]

Site Plan Amendments. Amended site plan applications shall be filed with the administrative officer and shall be considered at the next regular meeting date of the approving authority, provided that the amended application is received no less than 14 days before the meeting date and the amendments are minor in nature.

Compliance.

All proposed improvements or development indicated on the approved site plan map shall meet the requirements of all applicable codes, ordinances and specifications of the community, County, State or Federal governments and other agencies with jurisdiction over matters pertaining to site development.

It shall be the joint responsibility of the Engineer and the Construction Officer to enforce their respective rules and regulations to ensure compliance with the site plan approval map and other specified conditions as may be imposed on the development.

Site Plan to be Binding. The site plan, as approved by the approving authority, shall be binding upon the applicant. Any changes from the approved plan shall require resubmission and reapproval by the approving authority except as provided in paragraph a.

Revocation of Building Permit or Certificate of Occupancy. In the event of a failure to comply with any condition of site plan approval, the Construction Official, on his own initiative or upon recommendation from the Engineer, may revoke the building permit or certificate of occupancy, as the case may be, and seek to enjoin the violation or take such other steps as permitted by law.

Action Subject to Other Board or Agency Approvals.

Any application for site plan approval which either requires Municipal approval prior to other governmental action or requires extensive review and consideration by other governmental units may be granted conditional site plan review by the approving authority. This conditional approval shall expire within one year if the applicant does not file for final site plan approval with the approving authority.

In the event that the design and layout have been affected by other governmental requirements, the applicant shall submit an amended site plan application with accompanying application fee and escrow funds required in conjunction with an amended application.

§ 22-3.8 Change of Use Approval.

[Ord. #595; Ord. #832; 1976 Code § 145-12]

Any change of use, ownership or occupancy of an existing nonresidential structure or use shall require approval by the Planning Board or the Construction Code Official prior to the issuance of a certificate of occupancy by the Construction Code Official. Exempt from the provisions of this subsection is office space of no more than 1,000 square feet, provided that same is a part of a large office building, although alteration permits and certificates of occupancy may be required. All applicants for use approval shall answer, in its entirety, the application questionnaire set forth in paragraph f and incorporated herein.

Changes in use within the categories set forth within Article 3 of the BOCA Building Code, as adopted by the New Jersey Uniform Construction Code, shall be regulated and approved by the Construction Code Official and the Board of Health, unless, in their judgment, the application should be reviewed by the Planning Board. Changes in use from one category to another must be reviewed by the Planning Board in accordance with the procedures set forth in paragraphs c and d below.

The applicant shall be required, by the Construction Code Official or the Board, to submit a change of use application questionnaire, required application fee and an accompanying sketch plan indicating the location and layout of all existing structures, lot configuration, parking and loading areas, lighting, drainage, landscaping and other general site factors. The sketch map will be drawn to a scale which will be indicated on the map, and the map must be of sufficient detail for review. The scale shall be in accordance with subsection 22-5.1, paragraph b., 4.

If after review of the sketch plat, the Construction Code Official or Planning Board determines that the change or use of intensity of activity does not require additional improvements, the Construction Code Official shall approve the application and issue a certificate of occupancy. If the Planning Board or the Construction Code Official determines that improvements are required as set forth in paragraph c., the Board or the Construction Code Official may require submission of a partial or complete site application for review by the Planning Board as provided in this Chapter.

For those applicants whose changes in use fall within the categories set forth within Article 3 of the BOCA Building Code, it shall be required that a sketch plat for the premises shall be submitted to the Construction Code Official if none is presently on file in the office. The sketch plat shall, if at all possible, be based upon a location survey performed by a licensed New Jersey Land Surveyor.

The questionnaire/application shall be as follows.[1]

[1]

Editor's Note: The Questionnaire/Application can be found as an attachment to this chapter.

§ 22-4 PROCEDURE FOR SITE PLAN APPROVAL.

§ 22-4.1 Application for Preliminary Approval.

[Ord. #595; 1976 Code § 145-13; Ord. #921]

An application shall be submitted to the administrative officer, in writing, in duplicate, on forms supplied by the approving authority. Receipt of an application for preliminary site plan approval shall be filed no less than 21 days prior to the regular meeting date of the approving authority. Required fees, as provided in Section 22-3, shall be submitted with the application form.

Each application shall be accompanied by a completed Historic Sites Committee Data Sheet. The Data sheet shall be in a form approved by the Township Council and shall include at least the following information: a list of all historic sites structures or features of the premises, all prominent present or past owners, a list of all historic features, sites or structures within 200 feet of the boundaries of the premises.

§ 22-4.2 Procedural Requirements for Preliminary Approval.

[Ord. #595; Ord. #858; 1976 Code § 145-14; Ord. #1313, § 2]

Preliminary Site Plan Review.

The applicant shall submit preliminary site plan application and plat maps and payment of all required fees to the administrative officer, who shall submit copies of the preliminary plat to the following professionals, boards, committees and commissions:

Engineer.

Construction Official.

Chief of Police.

Water and Sewer Consultant.

Planning Consultant.

Fire Prevention Bureau.

Shade Tree Commission.

Board of Health.

(i)

Environmental Commission.

(j)

Architectural Review Board.

(k)

Recreation Committee.

(l)

Historic Preservation Commission.

The professionals and boards shall make recommendation to the approving authority, in writing, within 45 days of the application submission. The approving authority shall take the recommendations into account, but shall have the authority to proceed in the absence of such recommendations if the approving authority finds such recommendations not to be essential to its determination.

If the preliminary plat is found to be incomplete, the applicant shall be notified thereof within 45 days of the date of submission or it shall be deemed to be perfected as to content.

Where adjustments or changes are required in the plat submission, the applicant shall be required to modify the plat in order to qualify as a perfected application as to content and for public hearing purposes.

County Planning Board and Other Governmental Agency Approvals.

Any site plan application requiring County Planning Board or other governmental agency approvals shall be submitted by the applicant to the Bergen County Planning Board or other governmental agency for review and approval. The approving authority may condition any approval that it may grant upon the timely receipt of a favorable report on the application by the County Planning Board or other governmental agency or approval by the County Planning Board or other governmental agency by its failure to report thereon within the required time period.

A preliminary site plan requiring County Planning Board or other governmental approval which may not have been received at the time of the public hearing in the community shall require the public hearing to be continued until such time as the required reports are received or by the failure of the County Planning Board or other governmental agency to report thereon within the required time period.

Other Requirements.

The applicant shall be required to submit proof that no taxes or assessments for local improvements are due or delinquent on the property for which preliminary site plan approval is sought.

All applicable fees shall be paid prior to any action by the approving authority.

Public Hearings. Upon submission of a perfected application, the approving authority shall schedule a public hearing for the applicant. The applicant shall meet all of the requirements established in subsection 22-3.6 for public hearings.

Time Period in Which to Act. The approving authority shall grant, condition or deny preliminary site plan approval within 45 days after receipt of a perfected and complete site plan application for a site plan of 10 acres or less or within 95 days of submission of a perfected and complete application for a site plan of more than 10 acres or within such further time as may be consented to by the applicant for both classes of site plans. Failure of the approving authority to act within the prescribed time periods or to obtain an extension from the applicant, in writing, shall constitute a preliminary approval by the approving authority.

§ 22-4.3 Effect of Preliminary Approval.

[Ord. #595; 1976 Code § 145-15]

Preliminary approval of a site plan shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements: layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; on-tract and off-tract improvements; and any requirements peculiar to the specific site plan. The Municipality may modify, by ordinance, such general terms and conditions of preliminary approval as they may relate to public health and safety, provided that such modifications are in accord with amendments adopted by ordinance, subsequent to approval.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan.

The applicant may apply for and the approving authority may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.

In the case of a site plan for an area of 50 acres or more, the approving authority may grant the rights referred to in paragraphs a1, 2 and 3 above for such a time period longer than three years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the approving authority may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, the economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.

Failure to obtain final approval within the prescribed time limits, as herein defined, shall void the preliminary plat approval.

§ 22-4.4 Application for Final Approval.

[Ord. #595; Ord. #726; 1976 Code § 145-16; Ord. #921]

An application shall be submitted to the administrative officer, in writing, in duplicate, on forms supplied by the approving authority. Receipt of an application for final approval of a site plan shall be filed no less than 21 days prior to the regular meeting date of the approving authority. Required filing fees, as provided in Section 22-3, shall be submitted with the application form.

At the time of the filing of the application for final site plan approval, the developer shall also submit, in duplicate, on forms supplied by the approving authority, a completed soil removal application form. This completed form is for information purposes only and shall not be considered as an application for a soil removal permit as required by Chapter 20 of the Township Code.

The application for final site plan approval shall be accompanied by a completed Historic Sites Committee Data Sheet.

§ 22-4.5 Procedural Requirements for Final Approval.

[Ord. #595; 1976 Code § 145-17]

Final Site Plan Review.

The applicant shall submit the final site plan application and plat maps and payment of all required fees to the administrative officer, who shall submit copies of the plat to the following professionals, boards, committees and commissions:

Engineer.

Construction Official.

Planning Consultant.

Water and Sewer Consultants.

Fire Prevention Bureau.

Shade Tree Commission.

Board of Health.

Recreation Committee, if applicable.

(i)

Environmental Commission.

The approving authority shall review the application for final site plan approval with or without conditions, provided that the following requirements have been met:

That the detailed drawings, specifications and estimates meet all applicable codes and ordinances.

That the final plans are substantially the same as the approved preliminary site plan and conditions governing same.

That all improvements have been installed or bonds posted to ensure the installation of improvements.

That the applicant agrees, in writing, to all conditions of final approval.

That proof has been submitted that no taxes or assessments for local improvements are due or delinquent for which final site plan approval is sought.

That all applicable fees have been paid prior to any final action by the approving authority.

That requirements of other governmental units have been complied with.

Furthermore, no building permit shall be issued until the applicant shall have paid to the Township Water Department a sum equal to 10% of the water capacity charge prescribed by the applicable Township ordinances. No certificate of occupancy shall be issued until the applicant shall have paid to the Township Water Department the unpaid balance of the water capacity charge.

County Planning Board and Other Governmental Agency Approval. Whenever review approval is required by the Bergen County Planning Board or by other governmental agencies, a final site plan application shall be submitted by the applicant for review and approval. The approving authority shall condition any approval that it may grant upon the timely receipt of a favorable report on the application by the County Planning Board or other governmental agency or approval by the County Planning Board or other governmental agency by its failure to report thereon within the required time period.

Time Period in Which to Act.

The approving authority shall grant, condition or deny final site plan approval within 45 days after receipt of a perfected and complete site plan application or within such further time as may be consented to by the applicant.

Failure of the approving authority to act within the prescribed time period or to obtain an extension from the applicant, in writing, shall constitute final approval, and a certificate of the Township Clerk as to the failure of the approving authority to act shall be issued at the request of the applicant and it shall be sufficient in lieu of the written endorsement or other evidence of approval.

Final Site Plan Approval Authorization. Upon approval of the site development plan and upon compliance with all conditions, the Engineer and the Chairman and Secretary of the approving authority shall be authorized to sign the plan and the Secretary shall affix the seal of the Board. The tracing shall be and remain a permanent record of the approving authority, and the applicant shall supply to the approving authority the number of prints reasonably required for its records. A print shall be forwarded to each of the professionals set forth herein.

§ 22-4.6 Effect of Final Approval.

[Ord. #595; 1976 Code § 145-18]

Final approval shall terminate the time period of preliminary approval for the section granted final approval and shall guarantee the applicant that the zoning requirements applicable to the preliminary approval and all other rights conferred upon the applicant as part of preliminary approval shall not be changed for a period of two years after the date of final approval.

Final approval shall expire two years from the date of final approval unless the applicant has secured a building permit to commence construction. The approving authority may extend final approval and the protection offered under paragraph a for one year. Up to three such extensions may be granted.

In the case of a site plan for a planned development of 50 acres or a conventional site plan for one 150 acres or more, the approving authority may extend the rights granted under final approval for such period of time longer than two years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the approving authority may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, the economic conditions and the comprehensiveness of the development.

§ 22-4.7 Conditions of Final Approval.

[Ord. #595; Ord. #726; 1976 Code § 145-19]

The approving authority may, as a condition of final approval:

Grant final approval only for designated geographic sections of the development.

Grant final approval for certain work but require resubmission for final approval for designated elements, such as but not limited to landscaping, signs, street furniture, etc., and require approval of these elements as a prerequisite for a certificate of occupancy or zoning permit.

Condition the granting of a certificate of occupancy or zoning permit subject to the applicant or developer or subsequent heirs or assignees meeting certain requirements within a designated period of time not to exceed one year from the date of issuance of the certificate of occupancy or zoning permit. This may include but is not limited to the installation of improvements, reevaluation of circulation patterns, etc.

Grant final approval subject to certain restrictions on soil removal included in any soil removal permit obtained by the developer for the subject property pursuant to Township Code Chapter 20.

§ 22-4.8 Simultaneous Application for Preliminary and Final Approval.

[Ord. #595; 1976 Code § 145-20]

The approving authority shall accept simultaneous applications for preliminary and final site plan approval where so requested by the applicant, provided that all of the conditions, requirements and safeguards established for preliminary and final site plan approval are adhered to.

§ 22-4.9 Soil Erosion and Sediment Control Requirements.

[Ord. #595; 1976 Code § 145-21]

When Applicable. Any application for development, including a subdivision, site plan, conditional use, zoning variance or planned development, or a building permit application for two or more single-family dwellings, in which 5,000 square feet or more of surface area of land is to be disturbed to accommodate a construction shall require certification of a soil erosion and sediment control plan from the New Jersey Soil Conservation Service.

Time Limits. The Soil Conservation District shall grant or deny certification within a period of 30 days of submission of a complete application unless, by mutual agreement in writing between the district and the applicant, the period of 30 days shall be extended for an additional period of 30 days. Failure of the district to grant or deny certification within such period or such extension thereof shall constitute certification.

Municipal Approval. Municipal approval of an application for development by the approving authority shall be conditioned upon certification by the Soil Conservation District.

§ 22-5 SITE PLAN DETAILS.

§ 22-5.1 Required Information and Data.

[Ord. #595; Ord. #726; 1976 Code § 145-22]

All applications for site plan approval shall be prepared, signed and sealed by a professional engineer or architect. It shall bear the signature and seal of a licensed land surveyor as to topographic and boundary survey data.

All site plans shall comply with the requirements hereinafter set forth and shall contain the following information and data where applicable:

Title block shall be indicated in the lower right hand corner of the plan and shall include the name and address of the record owner, including the block and lot number of the site, the title of the development and the name, address, license number and seal of the person preparing the plan. If the owner is a corporation, the name and address of the president and secretary shall be submitted with the application.

Date block of the site plan adjacent to the title block containing the date of preparation. All subsequent revisions shall be noted and dated.

Key map showing the location of the tract with reference to surrounding areas and existing street intersections within 1,500 feet of the boundaries of the subject premises.

A scale of not less than 50 feet to the inch shall be used and a graphic representation of the scale shall be displayed and a North arrow. All distances and dimensions shall be in feet and decimals of a foot and all bearings shall be given to the nearest 10 seconds.

Names of all owners of adjacent property within 200 feet of the subject premises, together with the block and lot numbers of the property, as shown on the current municipal tax records.

Zone boundaries shall be shown on the site plan as they affect the parcel. Adjacent zone districts within 200 feet shall also be indicated. Such features may be shown on a separate map or as a key on the detail map itself.

Survey data showing boundaries of the property, required building or setback lines and lines of existing and proposed streets, lots, reservations, easements and areas dedicated to public use, including grants, restrictions and rights-of-way.

Reference to any existing covenants, deed restrictions, easements or exceptions that are in effect or are intended to cover all or any of the tract. A copy of such covenants, deed restrictions, easements or exceptions shall be submitted with the application. If there are no known covenants, deed restrictions, easements or exceptions affecting the site, a notation to that effect shall be indicated on the site plan map.

Location of existing buildings on the site which shall remain and all other structures, such as walls, fences, culverts, bridges, roadways, etc., with spot elevations of such structures. Structures to be removed shall be indicated by dashed lines, and structures to remain shall be indicated by solid lines.

All distances as measured along the right of way lines of existing streets abutting the property to the nearest intersection with any other street.

Location plans and elevations of all proposed buildings and other structures, including required yard and setback areas, building height in feet and stories, lot coverage and improved lot coverage calculations.

Location, height, dimensions and details of all signs, either freestanding or affixed to a building. Where signs are not to be provided, a notation to that effect shall be indicated on the site plan.

Location of all storm drainage structures, soil erosion and sediment control devices and utility lines, whether publicly or privately owned, with pipe sizes, grades and direction of flow and, if any existing utility lines are underground, the estimated location of the already underground utility lines shall be shown.

Existing and proposed contours, referred to in United States Coast and Geodetic Survey data, with a contour interval of one-foot for slopes of 3% or less, an interval of two feet for slopes of more than 3% but less than 15% and an interval of five feet for slopes of 15% or more. Existing contours are to be indicated by dashed lines, and proposed contours are to be indicated by solid lines.

15.

Location of existing rock outcrops, high points, watercourses, depressions, ponds, marshes, wooded areas and other significant existing features, including previous flood elevation of watercourses, where available, ponds and marsh areas as may be determined by survey.

16.

All proposed streets with profiles indicating grading, and cross sections showing width of roadway, location and width of sidewalk, where required, and location and size of utility lines according to community standards and specifications.

17.

Proposed use or uses of land and buildings and proposed location of buildings, including proposed grades. Floor space of all buildings and estimated number of employees, housing units or other capacity measurements, where required, shall also be indicated. If the precise use of the building is unknown at the time of application, an amended plan showing the proposed use shall be required prior to a certificate of occupancy.

18.

All means of vehicular ingress and egress to and from the site onto public or private streets, showing the size and location of driveways and curb cuts, including the possible organization of traffic channels, acceleration and deceleration lanes, additional width and other traffic controls which may be required. Improvements such as roads, curbs, sidewalks and other design detail shall be indicated, including dimensions of parking stalls, access aisles, curb radii, direction of traffic flow and other conditions as may be required in Chapter 24, Zoning, Chapter 26, Land Subdivision or this Code.

19.

Location and design of any off-street parking areas or loading areas, showing size and location of bays, aisles and barriers.

20.

Location of all proposed water lines, valves and hydrants and all sewer lines or alternative means of water supply or sewage disposal and treatment in conformance with the applicable Municipal standards and appropriate utility companies, where applicable.

21.

Proposed location, direction of illumination, power and time of proposed outdoor lighting in conformance with applicable standards of the community including type of standards to be employed, radius of light and intensity in footcandles.

22.

Proposed screening and landscaping and a planting plan indicating natural vegetation to remain and areas to be planted and type of vegetation to be utilized.

23.

Proposed stormwater drainage system so as to conform with designs based on a fifteen-year storm, using a one-hour intensity of two inches. All site plans shall be accompanied by a plan sketch showing all existing drainage within 500 feet of any boundary and all areas such as paved areas, grassed areas, wooded areas and any other surface area contributing to the calculations, and methods used in the determinations.

24.

Such other information of data as may be required by the approving authority in order to determine that the details of the site plan are in accordance with the standards of Chapter 24, Zoning, and Chapter 26, Land Subdivision.

25.

Such other information or data as may be required by the approving authority for determination that the details of the site plan are in accordance with all applicable Municipal, County and State ordinances and regulations.

26.

Proposed grading and topography plan as prescribed in Chapter 20, Soil Management, of the Township Code.

§ 22-5.2 Legends to be Indicated.

[Ord. #595; 1976 Code § 145-23]

The following legends shall be indicated on the site plan:

To be signed before submission:

I CONSENT TO THE FILING OF THIS SITE PLAN WITH THE Shall mean______________ OF THE TOWNSHIP OF MAHWAH.
	Applicant	Date

To be completed before submission:

SITE PLAN OF

LOT _______________________ BLOCK _________________ ZONE

DATE _____________________________ SCALE

APPLICANT

ADDRESS

To be signed before submission:

I HEREBY CERTIFY THAT I HAVE PREPARED THIS SITE PLAN AND THAT ALL DIMENSIONS AND INFORMATION ARE CORRECT.
	Name
	Title and License No.

To be signed before issuance of a building permit:

APPROVED BY THE _____________________________ OF THE TOWNSHIP OF MAHWAH.
Date	Chairman

To be signed before __________ approval is given:

I HAVE REVIEWED THIS SITE PLAN AND CERTIFY THAT IT MEETS ALL CODES AND ORDINANCES UNDER MY JURISDICTION..
Date	Engineer

To be signed before issuance of a certificate of occupancy:

I HEREBY CERTIFY THAT ALL REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED OR THAT A PERFORMANCE GUARANTY HAS BEEN POSTED IN ACCORDANCE WITH SECTION _____ OF THE SITE PLAN ORDINANCE.
	Construction Official
	Engineer

To be signed prior to issuance of a certificate of occupancy:

I HEREBY CERTIFY THAT ALL THE REQUIRED IMPROVEMENTS OF THIS SITE PLAN HAVE BEEN INSTALLED IN COMPLIANCE WITH ALL APPLICABLE CODES AND ORDINANCES.
Date	Engineer
Date	Construction Official

§ 22-5.3 Environment Impact Statement.

[Ord. #595; 1976 Code § 145-24]

Within 15 days of receipt of an application under this Chapter, the Environmental Commission shall notify the applicant whether it requires an environmental impact statement. If the Environmental Commission deems that there is a need for an environmental impact statement, the applicant shall provide the statement, which shall contain the necessary information to evaluate the effects of a proposed project upon the environment. The statement shall include:

An inventory of existing environmental conditions of the project site and in the surrounding region, which shall describe air quality, water quality, water supply, solid waste disposal, hydrology, geology, soils, topography, vegetation, wildlife, aquatic organisms, ecology, demography, land use, aesthetics, history and archeology and shall specifically include core borings, water table level and percolation test results.

A project description, complete with maps and drawings, which shall specify what is to be done and how it is to be done during construction and operation and a construction schedule, including:

Reason for the project.

The recommended or favored alternative mapped and/or described.

Parks, recreational sites, wildlife refuges and historic sites mapped and described.

Existing land use, zoning and Master Plan delineation of project area mapped and described.

Ambient environmental assets mapped and described.

Implications of the proposed action for population distribution or concentration should be estimated and an assessment made of the effect of any possible change in population patterns upon the resource base, including land use, water and public service of the area impacted.

A listing of all licenses, permits or other approvals required by law and the status of each.

An assessment of the probable impact of the project upon all topics in paragraph a.

A listing of adverse environmental impact, especially irreversible damage, which cannot be avoided, including:

Water quality.

Air quality.

Noise.

Traffic.

Undesirable land use patterns.

Damage or destruction of significant plant or wildlife systems.

Aesthetic values.

Destruction of natural resources.

Displacement of people and business.

Displacement of viable farms.

Employment and property tax.

Destruction of man-made resources.

Disruption of desirable community and regional growth.

Health, safety and well-being of the public.

Steps to be taken to minimize adverse environmental impacts during construction and operation, both at the project site and in the surrounding region, including but not limited to:

Soil erosion.

Preservation of trees.

Protection of watercourses.

Protection of air resources.

Noise control.

Traffic control.

Alternatives to all or any part of the project with reasons for their acceptability or nonacceptability, including:

That of no project.

Description of alternatives that might avoid some or all of the adverse environmental effects, with the rationale for acceptability or nonacceptability of each alternative.

An analysis of the costs and social impact of the alternatives, including construction problems and traffic.

The relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity, assessing the project for cumulative long-term effects from the perspective that each generation is a trustee for future generations.

§ 22-5.4 Highlands Consistency Determination.

[Ord. No. 1706, § 2]

Applications for Development in the Preservation Area. No application for development (as defined pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) involving property located (or partially located) in the Preservation Area of the Highlands Region, for which application submission requirements apply under this subsection, shall be deemed complete or considered for review by the applicable Township Land Use Board until and unless the applicant has obtained and provided a copy of:

A Consistency Determination from the Highlands Council indicating that the application is consistent with the Highlands Regional Master Plan;

A Consistency Determination from the Highlands Council indicating that the application is not consistent with the Highlands Regional Master Plan, accompanied by a certification, as detailed in paragraph c below, by the applicant's professional(s) that the application has been revised since review by the Highlands Council to achieve consistency with the Highlands Regional Master Plan; or

A Highlands Preservation Area Approval issued by the NJDEP.

Applications for Development in the Planning Area. No application for development (as defined pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) involving property located wholly or partially in the Planning Area of the Highlands Region, for which application submission requirements apply under this subsection, shall be deemed complete or considered for review by the applicable Township Land Use Board until and unless the applicant has obtained and provided a copy of:

A Consistency Determination from the Highlands Council indicating that the application is consistent with the Highlands Regional Master Plan; or

Findings of Inconsistency. Where a Highlands Council Consistency Determination indicates that an application for development is inconsistent with the Highlands Regional Master Plan, no such application shall be deemed complete or considered for review by the applicable Township Land Use Board, until or unless the applicant has obtained from the professional(s) responsible for preparation of the applicant's plans, a certification indicating that to the best of the knowledge and abilities of such professional(s), the plans have been revised to achieve consistency with the Highlands Regional Master Plan and specifically describing the revisions made to achieve such consistency.

Exclusions. The following specific improvements and related applications shall be excluded from the provisions of this subsection:

Any improvement to a single-family dwelling in lawful existence as of the effective date of this subsection (May 22, 2012), provided that such improvement: a) is related and dedicated solely to the single-family residential use of either the dwelling or the property upon which it is situated; b) results in the ultimate disturbance of less than one acre of land; and c) produces a cumulative impervious surface area of less than 1/4 acre.

The reconstruction, within the same footprint, of any building or other structure lawfully existing as of the effective date of this subsection (May 22, 2012), in the event of its destruction or partial destruction by fire, storm, natural disaster, or any other unintended circumstance.

The repair or maintenance of any building or other structure lawfully existing as of the effective date of this subsection. This exclusion shall not be construed to permit repairs or maintenance activities that alter the footprint of such building or structure.

The interior improvement, rehabilitation, or modification of any building or other structure lawfully existing as of the effective date of this subsection. This exclusion shall not be construed to permit activities that alter the footprint of such building or structure.

The attachment of signs or other ornamentation to any building or structure, to the installation of windows, doors, chimneys, vents, shafts, heating, ventilation, or air conditioning equipment, or to any other such improvement to a building or structure provided it occupies a surface area footprint of not more than 50 square feet. This exclusion shall not be construed to permit ultimate disturbance or cumulative impervious surface in excess of that provided at paragraph d, 1, above, for single-family dwellings.

Any improvement or alteration to a building or other structure lawfully existing as of the effective date of this subsection, where such improvement or alteration is necessary for compliance with the provisions of the Americans with Disabilities Act, or to otherwise provide accessibility to the disabled.

Any activity, improvement or development project located (or partially located) in the Preservation Area deemed by NJDEP to constitute a non-Major Highlands Development in a Highlands Applicability Determination issued pursuant to N.J.A.C. 7:38-2.4.

Exemptions. Any activity, improvement or development project listed and demonstrated to constitute a Highlands Act exemption shall be exempt from the provisions of this subsection.

Demonstration of a Highlands Act exemption for an application for development involving lands located (or partially located) in the Preservation Area shall consist of a Highlands Applicability Determination issued by the NJDEP pursuant to N.J.A.C. 7:38-2.4.

Demonstration of a Highlands Act exemption for an application for development involving lands located wholly in the Planning Area shall consist of a Highlands Exemption Determination issued by the Highlands Council.

Waiver. The Township may issue a waiver from the provisions of this subsection where it can be established by the applicant and can be verified by the designated representative(s) of the Township that:

The activity, improvement or development proposed by the subject application for development has not yet been formally determined to be exempt from the Highlands Act, but eligibility for an exemption has been sufficiently established by the applicant; or

The activity, improvement or development proposed in the application for development will neither encroach upon a Highlands Resource or Highlands Resource Area, nor be of detrimental impact to any Highlands resource or Highlands Resource Area as these are identified and delineated in the Highlands Regional Master Plan. The applicant's professional(s) responsible for preparation of the applicant's plan shall establish compliance of the above through a formal certification specifically addressing the Highlands Resources and Resource Areas and related policies and objectives as identified in Chapter 4 of the Highlands Regional Master Plan.

Highlands Council Call-Up. All municipal waivers or findings of application completeness issued pursuant to this subsection shall be subject to Highlands Council call-up review and the municipality shall specifically include conditions of this review consistent with this paragraph. In all such cases, the municipality shall within five calendar days of issuance, provide notice to the applicant and to the Highlands Council of any waiver or finding of application completeness made pursuant to this subsection. The Highlands Council call-up review period shall expire 15 calendar days following its receipt of such notice. Absent any notice to the municipality from the Highlands Council within that timeframe, the application shall be considered complete, with the date of the waiver or application completeness to be as of the date of first issuance by the municipality. Upon determining to exercise this authority for call-up review, the Highlands Council shall transmit notice to the applicant and the municipality.

§ 22-6 DESIGN STANDARDS.

§ 22-6.1 General Requirements.

[Ord. #595; Ord. #653; 1976 Code § 145-25]

In reviewing any site plan, the approving authority, all advisory boards and professional advisers shall be guided by the general and specific requirements contained herein.

Circulation.

The review of the site plan shall consider pedestrian and vehicular traffic movement within and adjacent to the site, with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, movement of people, goods and vehicles from access roads, within the site and between buildings and vehicles.

All parking spaces shall be usable and safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site.

Building Design and Layout. The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection; impact on surrounding development, contiguous and adjacent buildings, and lands; and environmental and ecological considerations.

Lighting. Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties.

Buffering. Buffering, where required, shall be located around the perimeter of the site to minimize headlights of vehicles, noise, light from structures, the movement of people and vehicles and to shield activities from adjacent properties. Buffering may consist of fencing, evergreens, shrubs, bushes, deciduous trees or combinations thereof to achieve the stated objectives.

Landscaping. Landscaping shall be provided as part of the overall site plan, designed and integrated into building arrangements, topography, parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art, street furniture and the use of building and paving materials in an imaginative manner.

Signs. Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.

Utilities.

Storm drainage, sanitary waste disposal, water supply and solid waste disposal shall be reviewed and considered. Particular emphasis shall be given to the adequacy of existing systems and the need for improvements to adequately carry runoff and sewage and maintain an adequate supply of water at sufficient pressure.

Solid waste disposal shall be reviewed to ensure frequent collection, protection against vermin and rodents and aesthetic considerations. All systems shall meet municipal specifications as to installation and construction.

Environmental Considerations.

Environmental elements relating to soil erosion and sedimentation, preservation of trees, protection of watercourses and water quality, noise pollution, topographic limiting areas, wetland areas and other environmental and ecological factors will be reviewed, where appropriate, to minimize adverse development effects.

Provisions shall be made for the elimination of all loud and offensive noise to the general public.

Street Furniture. Under appropriate conditions, street furniture, including benches, bicycle racks, trash receptacles, bus shelters, phone booths and other facilities, shall be provided.

Surface Water Runoff. The development shall not create more than a 0% increase in surface water runoff.

§ 22-6.2 Off-Street Parking.

[Ord. #595; Ord. #708; 1976 Code § 145-26; Ord. #1448; Ord. #1589, § 4; Ord. #1653, § 4; amended 7-31-2023 by Ord. No. 2011]

Number of Parking Spaces Required. The number of off-street parking spaces required shall be as set forth in Table 1. If the determination of the number of required parking spaces results in a fractional space, the fraction shall require one additional parking space. The approving authority may, at its discretion, waive the requirement for construction of the required number of parking spaces upon the condition that the applicant indicate on his plans a specific area to be reserved for future parking. Future parking must be constructed upon further order of the approving authority.

Table 1 Off-Street Parking Requirements
Uses	Required Parking Spaces
Automobile service stations	4 parking spaces for each bay, plus 1 for each employee in the maximum working shift
Bank and saving institutions	1 parking space for each 300 square feet of floor area or 8 spaces for each teller window, whichever is greater
Bowling lanes	5 parking spaces for each lane
Churches and other places of worship	1 parking space for each 3 seats or 1 parking space for each 72 inches of seating space when benches rather than seats are used
Colleges and institutions of higher learning	1 parking space for each full-time or part-time day student
Community buildings, social halls and places of public assembly	1 parking space for each 2 seats, except that where a specific amount of seating is undetermined when 1 parking space shall be required for each 75 square feet of assemblage area
Country clubs	1 parking space for each 100 square feet of floor area occupied by all principal or accessory structures, except those used for parking purposes
Farm or garden produce sold on the premises	1 parking space for each 200 square feet of building area or 15 parking spaces, whichever is greater
Fitness and health clubs	5.5 spaces for every 1,000 square feet of gross floor area.
Funeral homes and mortuaries	15 parking spaces for each parlor or slumber room
Golf courses and clubs	10 parking spaces for each tee
Golf driving ranges	2 parking spaces for each tee
Health and wellness centers	5 spaces for every 1,000 square feet of gross floor area
Industrial and manufacturing uses	1 parking space for each 1,000 square feet of floor area or 1 space for each employee in the maximum working shift, whichever is greater
Laboratory and research uses	1 parking space for every 500 square feet of floor area.
Medical or dental clinics or offices	5 parking spaces for each doctor or dentist, plus 1 parking space for each 100 square feet of floor area
Motels, hotels and motor lodges	1 parking space for each rental unit and, in addition, compliance with the requirements for each particular additional use located on the property, such as restaurants, eating and drinking establishments, retail stores and meeting rooms
Nursing homes, hospitals and convalescent homes	1 parking space for each bed
Offices, business and professional (other than medical and dental)	1 parking space for every 250 square feet of floor area
Public Education District	4 parking spaces per 1,000 square feet of gross floor area
Residential dwellings	2 parking spaces for each dwelling unit
Restaurants, eating and drinking establishments and catering halls	1 parking space for each 2 1/2 seats
Restaurants, fast-food	1 parking space for each 2 seats, plus 1 parking space for each 2 employees in the maximum work shift or a minimum of 40 parking spaces, whichever is greater
Retail stores, store groups, shops and shopping centers	1 parking space for each 150 square feet of floor area where the floor area shall not exceed 2,000 square feet and 1 parking space for each 175 square feet of floor area where the floor area shall exceed 2,000 square feet
Schools, elementary	3 parking spaces for every 2 teaching stations.
Schools, high school	3 parking spaces for every 2 teaching stations, plus 1 parking space for every 3 students of driving age
Ski areas	1 parking space for every 10 persons of practical lift capacity
Theaters	1 parking space for each 2 seats
Wholesale establishments, warehouses and furniture stores	1 parking space for each 1,000 square feet of floor area
Mixed land uses	Mixed land uses in the same building shall be calculated as the sum of the individual uses unless the applicant can demonstrate to the approving authority that the parking characteristics of the individual uses are such that the total needs of the development are less than the sum of the parts and the number of spaces to be provided will satisfy the lesser need
Other uses not provided herein	To be determined by the approving authority

Location of Parking Spaces.

The approving authority shall approve the location of all proposed parking spaces on the site and shall take into consideration the size and topography of the site, visibility from the site to the adjoining street as well as within the parking area, conditions of safety relating to the movement of people and vehicles and the elimination of nuisance factors, including glare, noise, dust and other similar considerations.

Subject to other conditions as specified herein, off-street parking shall not be located in a required front yard, except that where the required front yard exceeds 30 feet parking shall be permitted in an area located 30 feet or more from the street right-of-way line. No off-street parking area shall be located closer than eight feet to a side or rear lot line. These conditions shall apply to all surface and above-grade parking facilities.

All parking facilities shall not be located closer than 30 feet to any two intersecting streets or within the sight triangle of any driveway.

Parking Area Design Standards.

Aisle Widths. Provisions shall be made for safe and adequate circulation of pedestrians and vehicles within and adjoining the subject property. The width of all aisles providing direct access to individual parking stalls shall be in accordance with the standards established in Table 2. Only one-way traffic shall be permitted in aisles of less than 24 feet.

Table 2 Minimum Aisle Width
Parking Angle (degrees)	Minimum Aisle Width (feet)
0 (parallel)	12
30	12
45	13
60	18
90 (perpendicular)	24

Size of Parking Stalls. Parking stalls for churches, community buildings and social halls, hospitals and nursing homes, manufacturing and industrial uses, business and professional offices and wholesale and warehouse establishments shall have a minimum area of 180 square feet of space, exclusive of aisles, and shall measure nine feet in width and 20 feet in length. For all other uses there shall be a minimum area of 200 square feet of space, exclusive of aisles, which shall measure 10 feet in width and 20 feet in length.

Circulation within Parking Area.

Except for attendant parking, all parking spaces shall be designed free and clear of any obstruction to individual parking stalls. Such parking spaces shall be located in such a fashion as to permit all vehicles to exit same in a safe and orderly manner. Under no condition shall vehicles be permitted to back out of a parking lot driveway or otherwise block the free movement of traffic within the parking area or specific points of safety control, such as fire hydrants, doorways elevators or other similar locations.

Aisle widths and circulation patterns shall be designed to permit emergency and service vehicles, such as delivery trucks, solid waste collection vehicles and the like, to have reasonable access to and space for their intended functions.

Pedestrian circulation within a parking area shall be, to as great an extent possible, separated from vehicular traffic. Safety zones, crossing points and sidewalk areas, where warranted, shall be provided.

The use of pedestrian carts or other similar accessory vehicles shall not be permitted to be retained within the driving area of the parking facility.

Driveway Design Criteria.

Location of Driveways. All entrances and exit driveways to a public or private street shall be so located to afford maximum safety to said roadway and to provide for safe and convenient ingress and egress and to minimize conflict with the flow of traffic.

Site Distances.

The minimum site distances established in Table 3 shall be adhered to between a driveway and the adjoining street in accordance with the definition of a sight triangle. Driveway shall be designed in profile and grading, which shall be reviewed by the approving authority engineer.

Table 3 Minimum Site Distance From a Driveway and Adjoining Street
Allowable Maximum Speed on Roadway (miles per hour)	Minimum Site Distance (feet)
25	175
30	250
35	325
40	400
45	450
50 or more	500

For the purpose of this Chapter, site distance measurement shall be measured from the driver's seat of a standing vehicle located on that portion of the exit driveway that is immediately contiguous to the traveled way, with the front of the vehicle 10 feet behind the right-of-way line of the road and with the height of the eye 3.75 feet to the top of the object 4.5 feet above the pavement.

Where a site is located at the intersection of two streets, no driveway entrance or exit shall be located within 50 feet of the point where the curb return of the street intersection and the curbline meet.

No part of any driveway shall be located closer than 20 feet to any other driveway on an adjoining parcel nor shall more than one driveway be located closer than 60 feet to another driveway on the same site as measured from the closest edge of any two driveways along the same right-of-way line.

No entrance or exit driveway shall be located on a traffic circle or on a ramp of an interchange or within 50 feet of the beginning of any ramp or other portion of an interchange.

Geometric Design. The geometric design of a driveway connection to a public or private street shall be governed by sound traffic engineering principles. The following guidelines are utilized in preparing a geometric design, but some deviation may be necessitated from time to time due to the many variables encountered in the course of preparing a design. The applicant should be aware, therefore, that although the driveway layout may conform to these guidelines, conditions may dictate deviations from them and requirements of the Township Engineer shall be final.

Two way operation. Driveways used for two way operation will intersect a public or private street at an angle to as near 90° as site conditions will permit and in no case will be less than 60°.

One way operation. Driveways used for vehicles in one direction of travel (right turn only) shall not form an angle smaller than 45° with a public or private street.

The dimensions of driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated to be attracted daily onto the land development for which a site plan is prepared. The required maximum and minimum dimensions for driveways connecting to a public or private street at 90° are indicated in Table 4. Driveways serving large volumes of daily traffic or traffic over 25% of which is truck traffic shall be required to utilize high to maximum dimensions. Driveways serving low daily traffic volumes or traffic less than 25% of which is truck traffic shall be permitted to use low to minimum dimensions.

Table 4 Driveway Widths, Depressed Curbs and Curb Return Radius Standards
	One-Way Operation			Two-Way Operation
	Driveway Width (feet)	Depressed Curb (feet)	Curb Return Radius (feet)	Driveway Width (feet)	Depressed Curb (feet)	Curb Return Radius (feet)
3 to 10 family residence	12-15	32-35	20 min. 30 max.	22-26	44-50	20 min. 35 max.
Over 10 family residence	15-16	35-38	20 min. 30 max.	24-30	46-52	25 min. 35 max.
Commercial and Industrial	15-30	35-50	35 min. 45 max.	30-50	50-70	35 min. 45 max.
Service stations	20-30	35-50	20 min. 35 max.	40-50	50-60	20 min. 35 max.

Note: Driveways connecting to a public or private street at an angle shall have the same widths as shown in Table 4. The width of depressed curbs and the radius of curb returns shall provide for the sharpest turning radii of vehicles using the driveways, keeping said vehicles within their prescribed lanes.

Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage.

Should the sidewalk be so close to the curb at a depressed curb driveway as to cause the ramp to be too steep and be likely to cause undercarriage drag, the sidewalk shall be appropriately lowered to provide a suitable ramp gradient.

The surface of any driveway shall be constructed with a permanent pavement of a type specified by standards set by the Township Engineer. Such pavement shall extend to the paved portion of the public or private street pavement.

Acceleration and Deceleration Lanes.

Where a driveway serves a parking area of 150 or more parking spaces and the road has a traffic volume exceeding 7,500 vehicles per day, an acceleration lane may be required which is at least 200 feet long and at least 13 feet wide measured from the road curbline. A minimum thirty-five-foot curb return radius shall be used from the driveway to the acceleration lane.

Where a driveway serves as an entrance to a land development providing 150 or more parking spaces, a deceleration lane may be required for traffic turning right into the driveway from the road. The deceleration lane shall be at least 200 feet long and at least 13 feet wide measured from the road curbline. A minimum thirty-five-foot curb return radius shall be used from the deceleration lane into the driveway.

Guardrails, Wheel Stops and Parking Lot Striping.

Guardrails shall be provided in appropriate locations when same is required for safety purposes.

Wheel stops, permanently anchored to the ground, may be required in appropriate locations. Parked vehicles shall not overhang or extend over sidewalk areas unless an additional sidewalk width of 2 1/2 feet is provided to accommodate such overhang.

Parking stalls, driveways and aisles shall be clearly marked and delineated. The approving authority may require that certain areas be maintained for firefighting purposes or other emergency purposes. These areas as well as other pavement signage shall be appropriately designated.

Minimum and Maximum Grades in Parking Areas. The minimum and maximum parking area grades shall be in accordance with the following requirements:

	Maximum Grade (percent)	Minimum Grade (percent)
Parking stalls and service aisles	6	1/2
Main approach walkways to buildings	4	1/2
Collector or other service walkways	8	1/2
Swales without rip-rap	5	1
Principal circulation aisles	8	1/2
Driveway entrances and exits	6*	1/2*

*	For a distance of 100 feet from the street right-of-way line.

Maintenance of Off-Street Parking and Loading Areas.

Every parcel of land used as a public or private off-street parking or loading area shall be maintained in good condition, free of hazards and deterioration. All pavement areas, sidewalks, curbs, drainage facilities, lighting, bumpers, guardrails, marking signs, landscaping and other improvements shall be maintained in workable, safe and good condition.

The Township Council may authorize repairs for such improvements if, after proper notice, the owner fails to maintain such improvements and such conditions constitute a hazard to health and safety or where such improvements are governed by a development or other similar agreement.

Waiver of Parking Requirements. If any applicant can clearly demonstrate to the approving authority that, because of the nature of the operation or use, the parking requirements of this section are unnecessary or excessive, the approving authority shall have the power to approve a site plan showing less paved parking area than is required by this section; provided, however, that a landscaped area of sufficient size to meet the deficiency shall be set aside and reserved for the purpose 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 spaces necessary.

Other Off-Street Parking Requirements.

Limitations as to Use. All off-street parking areas shall be used solely for the parking of passenger automobiles, and no commercial repair work or service of any kind shall be conducted on such parking lot.

Nonavailability. At any time that the required off-street parking facilities cease to be available as required, the certificate of occupancy for the building or buildings built in conjunction with such parking areas shall be canceled and become null and void.

Changes. There shall be no change made of the use of off-street parking facilities, and no cars other than self-propelled passenger vehicles shall be permitted to use any of the off-street parking facilities herein required, and no service of any kind shall be extended to the vehicle occupying such off-street parking facilities except for emergency purposes.

Off-Street Parking Construction.

All off-street parking areas shall be graded and drained so as to dispose of all surface water in a manner so as not to unreasonably impair the surroundings.

All off-street parking areas shall be surfaced with asphalt, bituminous or cement binder pavement as is prescribed by ordinance of the Township.

All parking areas and access drives shall be edged by a concrete curb or Belgium block set in concrete at a depth of four inches and exceeding six inches above the paved surface.

§ 22-6.3 Off-Street Loading.

[Ord. #595; 1976 Code § 145-27; amended 7-31-2023 by Ord. No. 2011]

In any district, in connection with every building or building group or part thereof hereinafter erected which is to be utilized by industrial and commercial uses or requires the distribution by vehicle of materials or merchandise and for any residential development containing 30 or more dwelling units and for large-scale public and quasi-public uses, there shall be provided and maintained, on the same zone lot with such building, off-street loading spaces in accordance with the requirements of Table 5.

Table 5 Off-Street Loading Requirements
Land Use**	Floor Area (square feet)
Land Use**	At Which First Berth is Required	At Which Second Berth is Required*
Industrial:
Manufacturing	5,000	40,000
Warehouse	5,000	40,000
Laboratory, research	5,000	40,000
Commercial:
Wholesale	5,000	40,000
Retail	5,000	20,000
Service establishments	5,000	40,000
Commercial recreation	5,000	100,000
Restaurants	2,000	25,000
Office buildings	5,000	100,000
Hotel	10,000	100,000
Funeral home	10,000	100,000
Residential:
Apartment building	20,000	100,000
Institutional, public:
Schools	10,000	100,000
Hospitals, nursing homes	10,000	100,000
Auditoriums, arenas	10,000	100,000

*	An additional berth shall be required for each additional number of square feet as indicated is required between the need for 1 and 2 berth intervals.
**	In the case of a multiple-use building, the amount of off-street loading required shall be equal to the sum of the parts, unless same can be demonstrated to be in excess, as shall be subject to determination by the approving authority.

Each such loading space shall not be less than 12 feet in width and 50 feet or more in length depending upon the functions to be performed. The overall floor-to-ceiling height or clear height distance shall not be less than 12 feet, which may be increased where required.

Off-street loading spaces and docks shall not be located along a street-facing facade except when located in the IP120 or GI80 Zone Districts. When a loading space adjoins a residential use, institutional use, or place of general assembly, a 25 foot buffer zone, suitably screened or landscaped, shall be provided.

Off-street loading spaces shall not be located within any fire prevention zone, within 25 feet of any fire hydrant or within 10 feet of any stairway, doorway, elevator or other general means of entry to and from a building for the general public nor shall it block or in any way interfere with the free flow of pedestrians from any means of ingress or egress nor shall it interfere with the free flow of pedestrians or vehicles in the parking area. All such loading spaces shall be appropriately indicated by a sign or other visual communication as to said location.

§ 22-6.4 Lighting and Signs.

[Ord. #595; 1976 Code § 145-28]

Lighting. In connection with every site plan, the applicant shall submit plans for all proposed exterior lighting. These plans shall include the location, type of light, radius of light and intensity in footcandles. The following design standards shall be followed:

The style of the light and light standard shall be consistent with the architectural style of the principal building.

The maximum height of freestanding lights shall not exceed 30 feet mounting height.

All lights shall be shielded to restrict the maximum apex angle of the cone of illumination to 150°.

Where lights along property lines will be visible to adjacent property, the lights shall be appropriately shielded.

Spotlight-type fixtures attached to buildings shall be avoided, except where properly screened from adjacent properties.

Freestanding lights shall be so located and protected as to avoid being damaged by vehicles.

Lighting shall be located along streets, parking areas, at intersections and where various types of circulation systems merge, intersect or split.

Pathways, sidewalks and trails shall be lighted with low or mushroom-type standards.

Stairways and sloping or rising paths, building entrances and exits shall require illumination.

The following intensity in footcandles shall be provided throughout:

Parking lots: an average of 1.5 footcandles throughout.

Street intersections: three footcandles.

Maximum of property lines: one footcandle.

In residential areas: average of 0.6 footcandle.

Lighting shall not be permitted which requires flashing or intermittent illumination. Lighting which requires change in color, intensity or hue shall likewise be prohibited.

Said lighting shall in no way interfere with, detract from or diminish in any way from the effectiveness of any traffic signal or similar safety or warning device.

Signs. Each site plan application shall include a sign plan showing the specific design, location, size, construction and illumination. If the applicant is unable to provide details for signs, the approving authority shall condition its approval upon receipt of same prior to the issuance of a certificate of occupancy.

§ 22-6.5 Landscaping and Buffer Areas.

[Ord. #595; 1976 Code § 145-29]

Landscaping. A landscaping plan shall be submitted with each site plan application. The plan shall identify existing and proposed trees, shrubs, bushes, plant material, ground cover and natural features, such as boulders and rock outcroppings. It should show where they are or will be located and the planting details. The following design principles are suggested and required:

Locate landscaping to provide for climate control, for example, shade trees on the south to shield the hot summer sun and evergreens on the north for wind breaks.

Use landscaping to accent and complement buildings, for example, groupings of tall trees to break up long, low buildings and lower plantings for taller buildings.

Landscaping should be provided in public areas, recreation sites and adjacent to buildings.

Vines and climbing plants should be considered for large expanses of walls.

Consider massing trees at critical points rather than in a straight line of predetermined intervals along streets.

Use smaller trees on narrow streets.

Ground cover should be used extensively to prevent erosion.

Provide for a variety and mixture of landscaping. The variety should consider susceptibility to disease, colors, season, textures, shapes, blossoms and foliage.

Local soil conditions and water availability should be considered in the choice of landscaping.

Consider the impact of any proposed landscaping plan at various time intervals. Shrubs may grow and eventually block sight distances. Foundation plants may block out buildings.

It is preferable to have fewer, larger specimens than more, smaller ones.

Shade Tree Size. Trees shall be not less than 1-1/2 inch caliper, measured 18 inches above the ground, nor less than 10 feet high. They must be well branched, the branches to start not less than six feet from the crown of the root system. Trees shall be balled and burlapped.

Flowering Tree Size. Flowering decorative trees may be of a smaller size than shade varieties. Trees shall be not less than 1 1/8 inch caliper, measured 18 inches above the ground, nor less than six feet high. They must be well branched, the branches to start not less than three feet from the crown of the root system. Trees shall be balled and burlapped. Upright shrubs shall be at least two feet tall at planting. Spreading shrubs shall have at least a two foot or 2 1/2 foot spread. All shrubs shall be balled and burlapped.

Street trees should be planted at intervals depending on the type:

Large trees: 50 feet to 75 feet.

Medium trees: 40 feet to 50 feet.

Small and ornamental trees: 30 feet to 40 feet.

15.

Existing large trees should be saved by not varying the grade around the trees by more than six inches to 12 inches, by construction of tree wells and by erecting protective fences. Whenever the applicant shall excavate or fill in areas in the vicinity of large trees, he shall notify the Shade Tree Commission, and, within 15 days of notification, the Shade Tree Commission shall advise the applicant if it requires a statement and/or sketches outlining compliance with this subsection.

16.

In parking lots, at least 5% of the parking areas shall be landscaped. The landscaping should be located in protected areas, along walkways, center islands and at the end of bays. In narrow islands, low spreading plants, such as creeping juniper, English ivy, myrtle or pachysandra, are appropriate.

17.

All landscaping in parking areas shall be carefully located so as not to obstruct vision. A variety of different types of trees should be grouped to break up the mass of cars.

Buffer Areas. Buffers are fences, landscaping and berms and mounds that shall be used to minimize any adverse impacts or nuisances on the site or from adjacent areas. Buffer areas shall be required for the following areas:

Along property lines shielding various uses from one another.

Where interior roads or driveways run parallel with roadways exterior to the site.

Where parking areas abut other properties.

In the general areas of garbage storage areas, loading and unloading areas and outdoor storage areas.

As windbreak areas.

To shield areas from deleterious noise or other adverse conditions.

Buffer Area Design.

Where evergreens are used as buffer materials, they shall be planted in two or three staggered planted rows. The rows shall be four to five feet apart and the evergreens shall be planted four feet on center.

Where earthen berms are utilized, they shall be maintained with a minimum height of four feet and a maximum slope ratio of 1:1. The slope shall be suitably stabilized to prevent erosion.

§ 22-6.6 Utility Improvements.

[Ord. #595; Ord. #754; 1976 Code § 145-30; Ord. #1413]

Gas, Electric and Telephone Service.

Gas, electric and telephone service shall be provided by the applicant in concert with the appropriate public utility providing such service. Service on the site shall be provided as a part of an underground system.

If such facilities cannot be reasonably provided due to topographic or geologic condition of the land or due to technological circumstances, and where the applicant can adequately demonstrate the lack of feasibility of same to the satisfaction of the approving authority, a waiver of this requirement may be granted.

Where existing utility lines, such as electric and telephone poles, exist off-tract and require relocation as a result of the proposed development, the approving authority shall be assured that said relocation will not create or maintain any hazardous or dangerous conditions.

Any waivers granted pursuant to this subsection 22-6.6 must comply with all the requirements set forth in Chapter 26, subsection 26-9.7 of this Code.

Water Supply and Sanitary Sewage Disposal. Adequate provisions for water supply and sanitary sewage disposal shall be indicated. Facilities shall include and not be limited to approvals, where appropriate, of the Engineer, Water and Sewer Consultant, Department of Health and Fire Prevention Bureau. The locations of all proposed fire hydrants or similar facilities shall be indicated on the plan and those areas shall provide for appropriate fire lanes or protective areas which shall not be impeded by parking or standing vehicles or other obstructions, particularly in commercial centers.

Stormwater Drainage.

Provisions shall be made for the safe and adequate drainage of surface runoff waters in and from the premises so that flooding and erosion of the property and the property of others will be prevented.

Each site plan submitted to the approving authority shall be reviewed by the Engineer to establish requirements to prevent adverse drainage conditions both on and off the site.

The drainage systems shall be designed in conformance to accepted engineering standards. To facilitate the review of proposed drainage facilities for development, design calculations prepared by the applicant's engineer shall accompany the application.

The design considerations shall include and not be limited to drainage areas, runoff calculations, storm drains, pipelines, inlet designs and manholes.

Unless otherwise stipulated by the Township Engineer, drainage facilities shall be designed for a minimum of fifteen-year storm, using a one hour intensity of two inches.

Any catch basin, open grate, manhole, curb and inlet or similar device which drains stormwater into a river, lake, stream, brook or other body of water shall be designed with a permanent identification notifying the public that the facility drains into a body of water.

Soil Erosion and Sediment Control. Standards for soil erosion and sediment control shall be in accordance with The Standards for Soil Erosion and Sediment Control in New Jersey, dated September 9, 1974, published by the New Jersey State Soil Conservation Committee, as may be amended, supplemented and revised.

§ 22-6.7 Street Improvements.

[Ord. #595; 1976 Code § 145-31]

Curbing.

General.

Where curbing is lacking, an applicant for site plan approval shall install curbing along the extent of all property fronting public and private streets in accordance with Municipal standards and specifications.

The Township Engineer may require curbing within parking areas in order to facilitate drainage and provide separation between pedestrian and vehicular movement.

Alignment and Grade. Curb grading and alignment is to be determined as established in the area, unless otherwise required by the Township Engineer.

Curbing of Driveway Openings. Where a proposed driveway is to serve any land development of 50 or more parking spaces, curbing need not be carried across the driveway opening as a depressed curb, but rather may be swept back as curb returns. Where the driveway serves a facility having less than 50 parking spaces, a depressed curb driveway shall be utilized.

Street Widening.

The right-of-way width, measured from lot line to lot line, shall not be less than 50 feet, except when shown at a greater width on the Master Plan or Official Map or said street constitutes an extension of an existing street with a greater width than 50 feet.

In connection with site plans that adjoin or include existing streets that do not conform to widths as shown on the Official Map or Master Plan or area at least 50 feet in width, the applicant shall dedicate additional width along either one or both sides of the road. If the site plan is along one side only, 1/2 of the required difference in roadway width shall be dedicated.

Sidewalks.

Each land development requiring site plan approval may be required to provide a sidewalk within the street right-of-way.

Pedestrian walkways or sidewalks may also be required for any development of 50 or more parking spaces within the parking area to provide convenient and safe access for pedestrian circulation.

Sidewalks shall be constructed of concrete, quarry tile or other similar material and shall be at least five feet in width.

Sidewalks between parking areas and principal structures, along aisles and driveways and wherever pedestrian traffic shall occur shall be raised six inches or more above the parking area, except when crossing streets or driveways. Sidewalks, when constructed along the building, shall be located not less than three feet from the building.

Street Furniture. Street furniture is a functional element of the environment and includes phone booths, benches, planting boxes, mail and meter boxes, water towers, lighting standards, directional signs, fire hydrants, power lines, fences and walls, water fountains and pools, drinking fountains, trash receptacles, bike racks, sculpture, paving and steps and bus shelters. Street furniture shall be provided where appropriate.

§ 22-6.8 Refuse Collection and Storage.

[Ord. #595; 1976 Code § 145-32]

Provisions shall be made for the proper storage and collection of refuse. All such storage shall be maintained within the confines of an enclosed building or structure and shall be reasonably accessible for vehicular collection on the site or shall be appropriately screened and landscaped where outdoor storage is provided.

The Board of Health shall approve the location and method of collection on the site.

§ 22-6.9 Other Design Standards.

[Ord. #595; Ord. #797; 1976 Code § 145-33; Ord. #1659, § 1]

Retaining Walls. Retaining walls shall be designed to be safe and adequate for the purpose intended. The walls shall not detract from the aesthetic beauty of the site when constructed and, to this end, shall be fenced or landscaped in accordance with, the plans to be approved by the approving authority.

Outdoor Storage. Outdoor storage, where permitted, shall be suitably located and approved by the approving authority, which shall consider the relationship of such areas to adjacent properties and roadways, provided, however, that in all such cases, where storage is permitted, such areas shall be suitably screened.

Design Standards for Physically Handicapped Persons.

When Applicable. In accordance with Chapters 220, 221 and 224 of the Laws of 1975, all plans and specifications for the construction or remodeling of any public building, as defined herein, shall provide facilities for the physically handicapped.

Facilities; Buildings.

All public buildings shall contain at least one principal entrance accessible to and usable by physically handicapped persons, which shall be either ramped or at ground level.

On each floor open to the public, at least one water closet shall be provided for each sex, in general toilet rooms, to accommodate wheelchair occupants, which shall include adequate stall door width, grab rails, sufficient space and appropriate height.

A drinking fountain of suitable height and extension for wheelchair occupants on every floor open to the public shall be provided.

In any multistory building an elevator sufficient in size to accommodate a wheelchair shall be provided.

At least one public telephone at a height accessible to wheelchair occupants shall be provided.

Parking Lot Design.

A minimum of 1% of the total number of parking spaces, but not less than two parking spaces, shall be designed and designated for physically handicapped persons. The spaces shall be most accessible and approximate to the building or buildings which the parking spaces serve.

Each space or group of spaces shall be identified with a clearly visible sign displaying the international symbol of access along with the following wording: "These spaces reserved for physically handicapped drivers.

Each space shall be 12 feet wide to allow room for persons in wheelchairs or on braces or crutches to get in and out of either side of an automobile onto level, paved surface suitable for wheeling and walking.

Where possible, such spaces shall be located so that persons in wheelchairs or using braces or crutches are not compelled to wheel or walk behind parked cars.

Where applicable, curb ramps shall be provided to permit handicapped people access from the parking area to the sidewalk.

Sidewalks. A sidewalk hereafter constructed or reconstructed on public or private property for public use shall be constructed in a manner that will facilitate use by physically handicapped persons. At points of intersection between pedestrian and motorized lines of travel and at other points where necessary to avoid abrupt changes in grade a sidewalk shall slope gradually to street level so as to provide an uninterrupted line of travel.

Retention Control. All plans shall provide for the retention and control of discharge or seepage of oil, petroleum products, hydrocarbons or other environmentally hazardous substances from parking lots, parking areas, garages, interior or exterior work areas or other similar areas on the site into the drainage, retention or storage areas on or off the site.

Design Standards for Streetscapes. The following design standards will apply to all site plan applications for properties fronting on Franklin Turnpike, between King Street and the New York State Border:

Streetscape Lighting.

All lighting shall conform with the Illuminating Engineering Society Handbook, most recent edition, and the American National Practice for Roadway Lighting (RP-8) approved by the American Standards Institute, most recent edition.

Light fixtures shall be Hagerstown Fixture (Model #S5823) with Classic I Pole (Model #SP5844), black finish, with electric outlet box, manufactured by Hadco Architectural Outdoor Lighting or approved equal.

The luminaire light distribution shall be designated as a "cutoff" type.

Mounting heights shall be 14 feet above grade unless otherwise directed by the Board.

The source of light shall be metal halide, or other material approved by the Board.

All luminaries shall be shielded to eliminate glare, especially on any other property and public streets in the vicinity of the site. Lamps shall be recessed in the luminaire.

The maximum illuminations at any point on adjacent properties shall not exceed 0.2 footcandle.

Spacing between lights will not exceed 75 feet.

(i)

All wires and cable will be installed underground by the applicant.

(j)

The lighting plan will be designated by a professional lighting designer who shall certify that the lighting plan conforms with these standards. A separate detailed lighting plan with luminaire manufacturer details and illumination diagrams and specifications shall be submitted to the Board for review.

(k)

The Board may modify the above requirements where there is sufficient evidence said requirements are inapplicable, unnecessary, or unreasonable.

Streetscape Sidewalks.

Sidewalks are to be stamped concrete with a running bond brick stamp. A stamped sample must be provided in the field prior to installation.

Color shall be Quarry Red as provided by the CHROMIX admixture for color conditioned concrete supplied by Eastern Concrete Materials, Inc. or approved equal. A color selector or sample must be provided to confirm color.

The Board may modify the above requirements where there is sufficient evidence said requirements are inapplicable, unnecessary, or unreasonable.

Streetscape Benches.

Benches to be provided are to be manufactured by Keystone Ridge Design, Model No. L26STL (six feet bench, lamplighter series) black in color, or approved equal.

Spacing and/or number of benches to be approved by Planning Board and/or Engineer.

The Board may modify the above requirements where there is sufficient evidence said requirements are inapplicable, unnecessary, or unreasonable.

§ 22-7 ON-TRACT IMPROVEMENTS.

§ 22-7.1 Types of On-Tract Improvements Required.

[Ord. #596; 1976 Code § 145-34; Ord. #1196, § V]

Before granting final site plan approval, the approving authority may require that the applicant shall have installed or shall have furnished performance guaranties for the installation of on-tract improvements in accordance with specifications, including streets, street signs, grading, pavement, curbs, gutters, sidewalks, walkways, lighting, shade trees and landscaping materials, water mains, fire hydrants, retaining walls, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and surveyor's monuments, as required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.) and other off-site improvements as may be required herein.

All such required improvements shall be certified by the Township Engineer, unless the applicant shall have filed a performance guarantee sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof as estimated by the Township Engineer.

The cost of installation of such improvements shall be estimated by the Municipal Engineer based on documented construction costs for public improvements in the general area of the Municipality.

The developer may appeal the Municipal Engineer's estimate to the County Construction Board of Appeals.

§ 22-7.2 Performance Guarantees.

[Ord. #595; 1976 Code § 145-35; Ord. #1195, § III]

The performance guarantee shall be in favor of the Municipality in an amount not to exceed 120% of the cost of installation, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4), for improvements which the approving authority may deem necessary or appropriate including: streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, as shown on the final map and required by the "Map Filing Law," P.L. 1960, c. 141 (C. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping.

The Municipal Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.

The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4) as of the time of the passage of the resolution.

If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Municipality for the reasonable cost of the improvements not completed or corrected and the Municipality may either prior to or after the receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the "Local Public Contracts Law," P.L. 1971, c. 198 (C. 40A:11-1 et seq.)

Request for Itemized Cost Estimate.

Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the Municipal Clerk that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Municipal Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.

The list prepared by the Municipal Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer.

Approval or Rejection by Governing Body.

The governing body, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Municipal Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the governing body, and the developer submitting the required maintenance guarantee, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except of that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.

If the Municipal Engineer fails to send or provide the list and report as requested by the obligor pursuant to paragraph d of this subsection within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Municipal Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

If the governing body fails to approve or reject the improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Municipal Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to paragraph a of this subsection; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

In the event that the obligor has made a cash deposit with the Municipality or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee.

If any portion of the required improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section shall be followed. The resolution shall include language stating that the request for release of the performance guarantee is rejected and that the developer shall, within 90 days, submit a revised time schedule of completion of the improvements and shall further state that failure to complete the improvements or submit an acceptable time schedule may result in the Township Council authorizing the performance guarantees to be utilized for completion of the improvements by the Municipality or its contractors.

§ 22-7.3 Maintenance Guaranties.

[Ord. #595; 1976 Code § 145-36]

Prior to the acceptance of any on-tract improvement herein, a maintenance guaranty shall be furnished in favor of the Township for a period not to exceed two years after final acceptance of the improvement in an amount not to exceed 15% of the cost of the improvement.

§ 22-7.4 Improvements Involving Other Governmental Agencies or Public Utilities.

[Ord. #595; 1976 Code § 145-37]

In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Township for such utilities or improvements.

§ 22-8 OFF-TRACT IMPROVEMENTS.

§ 22-8.1 General Requirements.

[Ord. #595; 1976 Code § 145-38]

Any site plan requiring off-tract improvements, as defined herein, shall comply with the provisions of this section.

An off-tract improvement shall be one or more required improvements which are necessary for the successful completion of a development in the interest of furthering the public health, safety and general welfare and where the improvements are located off-tract.

An off-tract improvement shall be required where either the existing facilities serving the area or subarea are already operating at a deficient level of service or the inclusion of a new development will make such present level of service deficient according to engineering standards utilized in determining such levels of service.

The proportionate contribution of any such off-tract improvement to the applicant shall be reasonably related to the relative benefit or use of the total area so served.

Under the conditions of this Chapter, off-tract improvements shall be limited to new or improved water distribution, sanitary sewage disposal and distribution and stormwater and drainage distribution facilities and all necessary appurtenances thereto and utility easements, and to new or improved street and right-of-way widths, traffic regulation and control devices, intersection improvements, utility relocation where not provided elsewhere and other traffic, circulation and safety factors which are directly related to the property or properties in question. Off-tract improvements shall not include the improvement costs for an entire utility system or street system or major segment thereof, including sewage treatment plants, water supply or treatment facilities or substantial street construction or improvements or other similar undertaking, unless the improvement is significantly affected by the property or properties in question.

§ 22-8.2 Determinations by Approving Authority.

[Ord. #595; 1976 Code § 145-39]

Each site plan requiring authorization by the approving authority shall be subject to a determination and findings as follows:

That certain off-tract improvements are or are not necessary to implement the site plan.

That, in instances where off-tract improvements are required, the terms and conditions which shall be imposed upon the applicant shall ensure the successful and reasonable implementation of same.

Regulations governing off-tract improvements shall be based upon circulation and comprehensive utility plans pursuant to the adopted Master Plan of the Township Planning Board or adopted utility or circulation plans of the Township or other governmental or utility authority.

In the event that the approving authority determines that one or more improvements constitute an off-tract improvement, the approving authority, by resolution, shall notify the Township Council of same specifying the authority's recommendation relative to the estimated cost of same, the owner or developer's pro rata share of the cost and possible methods or means to implement same, including but not limited to performance and maintenance guaranties, cash contributions, development agreements and other forms of surety.

Action by an approving authority relating to off-tract improvements shall be deferred until the Township Council has had an opportunity to review the recommendations of the approving authority and has made a determination as to the responsibility it shall accept. It is clearly understood that the Township is under no responsibility to construct, install or provide off-tract improvements to accommodate a site plan approval.

Where an applicant pays the amount determined as the pro rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount. No building permit shall be issued until the expiration of the one-year period or until such time as the applicant shall waive such provisions of this Chapter.

The approving authority shall not take any final action on a site plan until all aspects of such conditions have been mutually agreed to by both the applicant and the Township Council and a written resolution to that effect by the Township Council has been transmitted to the approving authority.

§ 22-8.3 Methods of Implementation.

[Ord. #595; 1976 Code § 145-40]

Performance and Maintenance Guaranties. Where a performance or maintenance guaranty or other surety is required in connection with an off-tract improvement, the applicant shall be required to follow the same procedure and requirements as specified in Section 22-7.

Development Agreement. Where a development agreement is required governing off-tract improvements or other conditions as may be required by this Chapter or by the approving authority, the agreement shall be in accordance with subsection 22-3.9. The agreement may specify the amount of cash contributions, if any, the method of payment of same, the relative timing of such payment and the obligation or obligations to be undertaken by the Township.

Conditions Not Requiring Cash Contributions. Cash contributions for off-tract improvements shall not be required under the following terms or conditions:

Where other County or State agencies or utility authority has jurisdiction over the subject improvements and require a cash contribution, guaranty or other surety by the applicant in lieu of such contributions imposed by the Township.

Where a benefit assessment or other similar tax levy is imposed upon the applicant and other landowners similarly situated within a designated service area for the off-tract improvements provided.

Where the applicant can undertake the improvements in lieu of the Municipality, subject to standards and other conditions as may be imposed by the Township.

Method of Payment of Cash Contribution. Where a cash contribution is required, the contribution will be deposited with the Treasurer of the Township with transmittal letters forwarded to the Township Council, the Township Engineer and the approving authority. Any and all moneys received by the Treasurer shall be deposited in an escrow account for the purpose of undertaking the improvements specified. Where such improvements are not undertaken or initiated for a period of 10 years, the funds shall be returned to the owner of record of the properties, provided that the conditions specified in paragraph c have not been imposed. Where such condition does exist, funds held in escrow will be returned as soon as practical to the owner of record of the properties.

§ 22-8.4 Determination of Cost to Applicant.

[Ord. #595; 1976 Code § 145-41]

Where a cash contribution or other financial distribution is determined, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:

Street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere, the construction of new streets and other similar street or traffic improvements: The applicant's proportionate cost shall be in the ratio of the estimated peak hour traffic generated by the proposed property or properties to the sum of the present deficiency in peak-hour traffic capacity of the present facility and the estimated peak-hour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.

Water distribution facilities, including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith: The applicant's proportionate cost shall be in the ratio of the estimated daily use of water from the property or properties, in gallons per day, for the existing system or subsystem and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.

Sanitary sewage distribution facilities, including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith: The applicant's proportionate cost shall be in the ratio of the estimated daily flow, in gallons, to the sum of the present deficient capacity for the existing system or subsystem and the estimated daily flow from the proposed project or development. In the case where the peak flow from the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated peak flow rate from the proposed development, in gallons per minute, to the sum of the present peak flow deficiency in the existing system or subsystem and the estimated peak flow rate from the proposed development. The greater of the two ratios thus calculated shall be increased by 10% for contingencies and shall be the ratio used to determine the cost to the applicant.

Stormwater and drainage improvements, including the installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation or replacement of other appurtenances associated therewith: The applicant's proportionate cost shall be in the ratio of the estimated peak surface runoff as proposed to be delivered into the existing system, measured in cubic feet per second, to the sum of the existing peak flow, in cubic feet per second, deficient for the existing system and the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by 10% for contingencies.

§ 22-9 APPEALS; PENALTIES FOR VIOLATIONS.

§ 22-9.1 Appeals to Township Council.

[Ord. #595; 1976 Code § 145-42]

Any interested party may appeal to the Township Council the final decision of the Board of Adjustment approving an application for development, pursuant to law, with a simultaneous application for site plan approval, as provided by statute. Such appeal shall be made within 10 days of the date of publication of such final decision as provided by law. The appeal to the Township Council shall be made by serving the Township Clerk, in person or by certified mail, with a notice of appeal specifying the grounds thereof, the name and address of the appellant and the name and address of his attorney if represented. Such appeal shall be decided by the governing body only upon the record established before the approving authority.

Notice of the Meeting. Notice of the meeting to review the record shall be given by the Township Council, by personal service or certified mail, to the appellant, to those entitled to notice of a decision and to the approving authority at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the Township Council shall provide for verbatim recording and transcript of such meeting.

Decision by the Township Council. The Township Council shall conclude a review of the record not later than 45 days from the date of receipt of the transcript of the hearing unless the appellant consents, in writing, to an extension of such time period. The appellant shall arrange for a transcript, or otherwise, for use by the Township Council. Failure of the Township Council to hold a hearing and conclude a review of the record and to render a decision within the specified time period, without written consent to an extension in time by the appellant, shall constitute a decision affirming the action of the approving authority.

Action of Township Council. The Township Council may reverse, remand or affirm, wholly or in part, or may modify the final decision of the approving authority. The affirmative vote of a majority of the full authorized membership of the Township Council shall be necessary to reverse, remand or modify any final action of either Board.

Appeal Stays All Proceedings. An appeal to the Township Council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the approving authority certifies to the Township Council, after the notice of appeal shall have been filed with the approving authority, that by reasons of fact stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the approving authority from whom the appeal is taken and on good cause shown.

Copy of Decision; Notice. The Township Council shall mail a copy of the decision to the appellant or, if represented, to his attorney without separate charge and for a charge of $0.15 per page, to any interested party who requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the Township. Such publication shall be arranged by the applicant. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the date of the first publication by the applicant.

§ 22-9.2 Violations and Penalties.

[Ord. #595; 1976 Code § 145-43]

Any person, firm or corporation violating any of the terms of this Chapter shall, upon conviction, be punished by a fine not to exceed $500 for each offense. Each day that a violation occurs or is committed shall constitute a separate offense.

§ 22-10 OPEN SPACE; PUBLIC AREAS; FARMLAND ASSESSMENT AREAS; PLANNED DEVELOPMENTS.

§ 22-10.1 Standards for Establishment of Open Space Organizations.

[Ord. #595; 1975 Code § 145-44]

Under the provisions of this Chapter and the State statutes, the Township, other government agencies, the Board of Education and State, County and other public bodies can be designated to maintain and accept public open space for recreational or conservational uses. These public agencies can accept and maintain such open space, provided that the dedication is not conditioned upon same being made available to public use.

Where a site plan is required and an open space program is proposed, this Chapter shall require that the developer provide an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development if the open space is not dedicated to the Municipality or other governmental agency. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Township where the land is located.

In the event that such organization shall fail to maintain the open space in reasonable order and condition, the administrative officer designated by resolution to administer this section may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing the designated Municipal body or administrative officer may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they may be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within 35 days or any permitted extension thereof, the Township, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Entry and maintenance shall not vest in the public any rights to use the open space, except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the year, the designated Township body or officer, as the case may be, shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by such Township body or officer, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the designated Township body or officer shall determine that such organization is ready and able to maintain the open space in reasonable condition, the Township shall cease to maintain the open space at the end of the year. If the Township body or official shall determine that such organization is not ready and able to maintain the open space in a reasonable condition, the Township may, in its discretion, continue to maintain the open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township body or officer in any such case shall constitute a final administrative decision, subject to judicial review.

If a Township body or officer is not designated by resolution to administer this section, the Township Council shall have the same powers and be subject to the same restrictions as provided in this section.

The cost of such maintenance by the Township shall be assessed pro rata against, the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, shall become a lien and tax on the properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.

§ 22-10.2 Reservation of Public Areas.

[Ord. #595; 1976 Code § 145-45]

Where Applicable. If the Master Plan or the Official Map of the Township provides for the reservation of designated streets, public drainageways, flood control basins or public areas within the proposed development, before approving a site plan, approving authority may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The approving authority may reserve the locations and sizes suitable to their intended uses. The approving authority may reserve the location and extent of such streets; ways, basins or areas shown on the plat for a period of one year after the final approval or within such further time as may be agreed to by the developer. Unless during such time period or extension thereof the governmental entity having jurisdiction shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee of a lesser interest in the land comprising such streets, ways, basins or areas, the applicant shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to the streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.

Compensation to Applicant. The applicant shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instances, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include but not be limited to consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The applicant shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining site plan approval caused by the reservation.

§ 22-10.3 Valuation, Assessment and Taxation of Land Pursuant to Farmland Assessment Act.

[Ord. #595; 1976 Code § 145-46]

Any parcel of land receiving preliminary subdivision, site plan or planned development approval for a use other than agriculture or horticulture, notwithstanding its valuation, assessment and taxation as an agricultural or horticultural use pursuant to the provisions of the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), shall be valued, assessed and taxed as of January 1 of the year following such preliminary approval as other land in the taxing district, such value and assessment to be established and taxes paid in accordance with the provisions of Sections 8 and 9 of the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), provided that the provisions hereof shall apply serially to any development whose preliminary approval proposes construction in stages and separate application for final approval for each stage and only that stage of the development designated for the earliest application for final approval shall be valued, assessed and taxed, as provided herein, until certificates of occupancy for 50% of the building permits in such stage have been issued, at which time the second stage shall be valued, assessed and taxed, as provided herein, and so on until qualification for valuation, assessment and taxation pursuant to the provisions of the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), lapses for the last stage of such development.

Any parcel of land otherwise qualifying as an agricultural or horticultural use pursuant to the provisions of the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), for which preliminary approval shall have lapsed pursuant to law or for which the owner thereof shall have made request, in writing, to the Township Council for rescinding of such preliminary and all subsequent approvals shall be assessed, valued and taxed in the manner provided in the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), as of January 1 of the year following such lapse or rescission.

Any parcel of land to which the provisions of paragraph a hereof are applicable but which cannot be developed because of the lack of available sanitary sewerage or water supply capacity necessary to serve such development shall be exempt from the operation of the provisions of paragraph a herein for the period from January 1 of the year following the calendar year in which such development becomes impracticable because of such lack of capacity to January 1 of the year following the calendar year in which such capacity becomes available.

The provisions of this subsection shall apply to any parcel of land designated as an agricultural or horticultural use pursuant to the provisions of the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), which has tentative or subsequent planned development approval or site plan approval on the effective date of this Chapter.

§ 22-10.4 Planned Development Groups.

[Ord. #595; 1976 Code § 145-47]

Comprehensive Plan Required. The applicant for a planned development group shall be required to submit a comprehensive plan for the entire area so zoned and under the applicant's control. The plan shall be submitted in accordance with Chapter 26, Land Subdivision, Chapter 22, Site Plan Review, Chapter 24, Zoning, and other applicable Municipal, County and State regulations. The comprehensive plan shall be submitted as a part of the preliminary Subdivision or Site Plan Ordinance application.

Findings for Planned Developments. The approving authority shall find the following facts and conclusions relative to planned developments:

That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to Chapter 24, Zoning, standards pursuant to State statutes.

That the proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common open space are adequate.

That the provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.

That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

In the deliberation of the proposed sequence of stages the approving authority shall be guided by the following criteria and factors:

That each stage is substantially self-functioning and self-sustaining with regard to access, utility services, parking, open space and other similar physical features and shall be capable of occupancy, operation and maintenance upon completion of construction and development.

That each stage is properly related to every other segment of the planned development and to the community as a whole and to all necessary community services which are available or which may be needed to serve the planned development in the future.

That adequate protection will be provided to ensure the proper disposition of each stage through the use of maintenance and performance guaranties, covenants and other formal agreements.

That the landowner will provide a balanced distribution for development in each stage. Distribution shall be judged on the basis of the level of improvement costs, physical planning and coordination required and other relationships which may be necessary to undertake each stage or segment.

The approving authority, at its discretion, may require additional documentation and study by the applicant, including:

A market feasibility study and other possible study techniques of the demand for the principal proposed uses within each stage and the probable rental prices or sales costs for such facilities and other relevant market data.

A cost benefit analysis or other similar study to review the relative estimated Municipal costs, services and ratables which might be anticipated for each stage of development.

An operational time sequence chart of anticipated construction and completion of various stages of development, including all necessary Municipal and other governmental approvals which are required. Chart may be in the form of a Program Evaluation Review Technique (PERT) Chart.

A circulation study both within the planned development and as it may affect the surrounding areas, including estimates of total automotive trips generated, peak-hour demand, present and anticipated traffic volumes, existing street capacities and other elements which may influence and be influenced by the proposed planned development.

Final Approval; Compliance with Comprehensive Plan.

A plat submitted for final approval shall be required to be in substantial compliance with the comprehensive plan. A plan shall be deemed to be in substantial compliance where the plat does not:

Vary the proposed residential density or intensity of use by more than 5%;

Involve a reduction in open space or the substantial relocation of such area nor increase by more than 5% of the floor area proposed for nonresidential use, or

Increase by more than 3% the total lot coverage or 5% of the improved lot coverage nor involve the increase in height of any building greater than permitted in Chapter 24, Zoning.

Any plat which is not in compliance with the comprehensive plan shall require an amendment to the preliminary approval, including new public hearings as provided in subsection 22-3.6.

§ 22-11 CONSTRUCTION OF PROVISIONS; REPEALER; PENDING APPLICATIONS.

§ 22-11.1 Construction of Provisions as Minimum Requirements.

[Ord. #595; 1976 Code § 145-48]

All standards and restrictions set forth in this Chapter shall be interpreted and applied as minimum requirements. Nothing herein contained shall be construed to prohibit or prevent the use of higher or more restrictive standards or requirements that may appear in any other lawfully applicable statutes, ordinances, regulations, rules, deed restrictions or covenants.

§ 22-11.2 Applicability of Uniform Construction Code Ordinance.

[Ord. #595; 1976 Code § 145-49]

Whenever the clear context of this Chapter does not require a contrary interpretation, this Chapter shall be read in pari materia with the Construction Code Ordinance as adopted, amended and supplemented. All references to Building Inspector in this Chapter shall be deemed to refer to the Construction Code Official under the Uniform Construction Code Ordinance.

§ 22-11.3 Applicability of Municipal Land Use Law.

[Ord. #595; 1976 Code § 145-50]

Whenever the definitions, terms of provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are inconsistent with the definitions, terms or provisions of this Chapter, the provisions of N.J.S.A. 40:55D-1 et seq. shall govern, including, without limitation, the time periods therein provided, the penalty provided therein for transfer or sale of land without subdivision approval and any governing statutory procedural requirements.

§ 22-11.4 Repealer; Effect on Other Ordinances.

[Ord. #595; 1976 Code § 145-51]

This Chapter is intended to constitute the Comprehensive Site Plan Ordinance of the Township of Mahwah, and all prior ordinances or parts of ordinances that are not incorporated into or adopted by reference by this Chapter and that are inconsistent with the provisions of this Chapter are hereby repealed. Ordinance No. 536, adopted May 8, 1975, is specifically repealed. This Chapter shall be subordinate to Controlled Economic Development Ordinance No. 462 insofar as any conflicting standards may appear.

§ 22-11.5 Pending Applications.

[Ord. #595; 1976 Code § 145-52]

Notwithstanding the repealer of prior ordinances as set forth in subsection 22-11.4, all applications for development properly and timely made pursuant to prior ordinances prior to the effective date of this Chapter may be continued, but shall be processed in accordance with the substantive and procedural requirements of this Chapter.

§ 22-11.6 ML-1 and ML-2 Applications for Development.

[Ord. #595; Ord. #851; Ord. #863; 1976 Code § 145-53; Ord. #1413]

Notwithstanding any of the provisions of Chapter 22, entitled Site Plan Review or Chapter 26, entitled the Land Subdivision, following provisions shall apply to all applications for development in the ML-1 and ML-2 zones:

Phasing.

The approving agency may require the construction of a development in two or more stages and may phase the construction of stages in periods of two or three years between issuance of building permits for each stage.

Within the entire development if developed in one step, or within each stage if the development is a staged project, lower income housing shall be phased in accordance with the following schedule:

Percentage of Total Dwelling Units (Building Permits)	Minimum Percentage of Lower Income Dwelling Units (Certificates of Occupancy)
25	10
50	25
75	50
100	100

The above percentage shall refer to the percentage of total dwelling units having final site plan or subdivision approval and the percentage of lower income dwelling units completed and certificate of occupancy issued.

Fees and Waivers of Fees.

The applicable approving agency shall waive subdivision and site plan application fees for every unit designated as lower income housing.

For all non-lower income units the following fees shall accompany the appropriate application.

Filing fee for preliminary approval: $100 plus $5 for each proposed dwelling unit.

Filing fee for final approval: $2.50 for each proposed market rate dwelling unit.

Notwithstanding any other ordinance requirement of the Township, professional and legal review fees shall be proportionately reduced by the percentage of lower income units contained in the development.

The applicant shall deposit the sum of 5% of the cost of site improvements to cover engineering inspection or other inspections or review of the project. Such sum shall be in the form of escrow accounts in amounts and in a form acceptable to the approving agency. Such funds shall be used by the Township only for purposes relating to the application, and shall be expended only for the actual outlays incurred as a result of the application. If actual inspection costs based upon time and expense records are less than the 5% deposited, the balance shall be returned to the applicant. If actual costs based upon time and expense records are more than the 5% deposited, the applicant shall pay that amount to the Township.

Application Procedure for Development in the ML-1 or ML-2 Zone.

An applicant for development in the ML-1 or ML-2 zone shall submit required plans and documents to the approving agency for review and approval as required by the Township subdivision and site plan ordinances. The approving agency shall distribute the plans to those agencies required by law to review and/or approve development plans and to Township agencies which normally review development plans.

The approving agency shall hold a public hearing on the application. The hearing shall be held not less than 30 days nor more than 45 days from the date of submission of a complete application. Approvals shall be governed by N.J.S.A. 40:55D-46 and N.J.S.A. 40:55D-48.

Notwithstanding any other ordinance requirement of the Township of N.J.S.A. 40:55D-46 or N.J.S.A. 40:55D-48, the time period for official action on complete subdivision and site plan applications for preliminary approval shall be 75 days unless the application is for less than 10 lots or less than 10 acres or unless the applicant consents to an extension of time.

In addition to material submitted for review as required by the Township subdivision and site plan ordinances, the applicant must also submit a housing plan detailing the type, sale, and rental schedule for all housing units. This plan shall include but not be limited to information according to the following:

Marketing of units.

Sale price and rent schedule.

Number of units to be sold and/or rented.

Number of bedrooms.

Square footage of units.

Other reasonable information as required by the Planning Board.

[Amended 12-21-2022 by Ord. No. 1999]

Development Standards.

Gross density shall not exceed 14 dwelling units per acre.

No more than 18 dwelling units shall be permitted within a residential structure.

Setbacks and Buffer Zones:

From a collector street: thirty-five foot setback.

From all tract lot lines:

(1)

For tracts less than five acres - a minimum setback of 20 feet shall be required in the ML-1 and ML-2 zones.

(2)

For tracts greater than five acres - a minimum buffer of 50 feet and a maximum buffer of 100 feet shall be provided in all ML-2 zones.

The approving authority shall consider the following performance standard: topography of area, extent of natural ground cover, relative location of proposed structures, localized density, nature of adjacent zone and land uses, extent of pedestrian and vehicular activity and any other site condition factors deemed relevant by the approving agency.

The use of site screening design devices such as berms, specialized landscaping, fencing, and other similar devices shall be encouraged by the approving agency. In the ML-1 zone, the buffer shall be a minimum of 35 feet and a maximum of 50 feet, subject to the performance standards noted above.

For tracts greater than five acres in the ML-1 zone, said buffer shall be a minimum of 35 feet and a maximum of 50 feet subject to the performance standards specified herein.

Residential structures shall be set back no less than 25 feet from any paved vehicular traveled way or parking area.

Building Height. No structure shall exceed the lesser of three stories or 35 feet in height.

Distance Between Buildings. The minimum distance between any two buildings shall not be less than the average height above finished grade of the higher of two opposing walls, but shall in no case be less than 20 feet.

Parking Requirements.

Parking stalls shall measure not less than nine feet in width and 18 feet in length.

There shall be a minimum of 1 1/2 parking spaces provided for each one bedroom dwelling unit and two parking spaces for all other dwelling units.

The width of all aisles providing direct access to individual parking stalls shall not be less than:

Parking Angle	Aisle Width
0°	12 feet
30°	12 feet
45°	13 feet
60°	18 feet
90°	24 feet

Only one way traffic shall be permitted in aisles serving parking spaces placed at an angle other than 90°.

Pedestrian Walkways. All residential developments shall provide a system of continuous paved walkways not less than five feet in width linking primary residential entrances to off-site Township, County or State roads. Such walkways need not parallel streets or dedicated roads. The walkway system shall linkup with adjacent public facilities where feasible. Sidewalks shall be provided adjacent to collector streets.

Refuse Collection and Storage. Provision shall be made for the proper storage and collection of refuse and shall be within an enclosed building or structure or appropriately screened and landscaped, and shall be reasonably accessible for vehicular collection.

Common Open Space Requirements.

A minimum of 20% of the land area of any development other than single or two family housing and which may include environmentally restricted land, shall be designated for conservation, open space, recreation and/or other common open space.

All property owners and tenants shall have the right to use the common open space.

All common open space deeded to an open space organization, trust, or private organization, shall be owned and maintained as provided for in N.J.S.A. 40:55D-43.

Common open space may include tract setback areas for computation purposes. Such space shall be readily accessible to all residents of the development, and no area designated as open space shall be less than 35 feet in width.

Drainage.

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

Design Capacity	Frequency of Storms
Collection systems	15 years
Culverts	25 years
Detention systems	25 years
Emergency spillway system from detention system	100 years
Projects requiring a DEP stream encroachment permit	100 years

All materials used in the construction to be in accordance with the specifications of the "Standard Specifications for Road and Bridge Construction of the New Jersey Highway Department," current edition, and any supplements and modifications thereof unless otherwise specified by the reviewing Municipal agency.

Surface water runoff shall be regulated by §§ 145-25 J and 154-30 C of the Code of the Township.

Where required by the Township and as indicated on an improved development plan, a drainage right-of-way easement shall be provided to the Township where a tract or lot is traversed by a drainage system, channel, or stream. The drainage right-of-way easement shall conform substantially with the lines of such watercourse and, in any event, shall meet any minimum widths and locations as shown on any official map and/or master plan or as recommended by the Township Engineer.

Lighting.

Street lighting shall be provided for all street intersections and along all collector and local streets, parking areas, and anywhere else deemed necessary for safety reasons.

Any outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs, and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, roads, and traffic safety from glare, reflection, and overhead sky glow in order to recommend steps needed to minimize these impacts.

Specific lighting requirements. The maximum intensity of lighting permitted on roadways shall be as follows. Average maintained horizontal illumination for residential areas:

Street intersections	3.0 footcandles
Parking areas	1.0 footcandles

Sanitary Sewers. The developer shall design and construct sanitary sewer facilities in accordance with the N.J.D.E.P. permit requirements and in such manner as to make adequate sewage treatment available to each lot and structure within the development. If a public or private treatment and collection system is included as part of a development application, the developer shall install sewers, including connections, to each unit to be constructed.

Streets.

All developments shall be served by paved streets in accordance with the approved subdivision and/or site plan and all such streets shall have adequate drainage.

Local streets shall be planned so as to discourage through traffic.

The minimum public street right-of-way and cartway and the minimum private street cartway shall be in accordance with the following schedule:

	Right-of-Way	Cartway
Collector street	50 feet	26 feet
Local street serving single or two-family detached dwellings with no on-street parking	40 feet	24 feet
Local street serving multifamily or town-houses with attached garages or off-street parking and with no on-street parking	40 feet	24 feet
Local street serving multifamily or townhouses with parallel on-street parking 1 side only	40 feet	30 feet

Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 80°. Approaches to all intersections shall follow a straight line for at least 100 feet or a curve with a radius of not less than 600 feet. No more than two streets shall meet or intersect at any point and the centerlines of both intersecting streets shall pass through a common point.

A tangent of at least 100 feet shall be provided between reverse curves on collector streets.

Culs-de-sac shall be no more than 1,000 feet in length and shall provide access to no more than 80 dwelling units. A turnaround shall be provided at the end of the cul-de-sac with a paved turning radius of 40 feet and a right-of-way in the case of public streets of 100 feet.

The pavement standard for all roads shall be as follows:

(1)

An unyielding well compacted subgrade.

(2)

A four-inch thick macadam base course consisting of 2 1/2 inch diameter stones bound with dust.

(3)

A two-inch thick bituminous stabilized base course, N.J.D.O.T. Mix #I-2.

(4)

A 1 1/2 inch thick bituminous concrete surface course, N.J.D.O.T. Mix #1-5.

(5)

All materials shall meet the requirements and shall be installed in accordance with "Standard Specifications for Road and Bridge Construction of the New Jersey Highway Department," current edition, and any supplements and modifications thereof unless otherwise specified by the reviewing agency.

Street grades. Grades for collector streets shall not exceed 8% and grades for local streets shall not exceed 10%. No street shall have a grade less than 0.5%.