[Adopted 10-16-02 by Ord. No. 13-2002]
A. Any application for development shall demonstrate conformance to
design standards that will encourage sound development patterns within
the borough. In accordance with good design practices, extreme deviation
from rectangular lot shapes and straight lot lines shall not be allowed
unless made necessary by special topographical conditions or other
special conditions acceptable to the approving authority. All improvements
shall be installed and connected with existing facilities, or installed
in required locations to enable future connections with approved systems
or contemplated systems, and shall be adequate to handle all present
and probable future development. Typical improvements shall conform
to the Borough standards for construction.
B. Character of land. Land which the approving authority finds to be
unsuitable for the intended lot(s) and their use due to flooding,
improper drainage, steep slopes, soil conditions, adverse topography,
utility easements or other features which can reasonably be expected
to be harmful to the health, safety and general welfare of the present
or future inhabitants of the development and/or its surrounding areas
shall not be subdivided and site plans shall not be approved unless
adequate and acceptable methods are formulated by the applicant to
solve the problems by methods meeting this ordinance and all other
regulations.
C. Plats straddling municipal boundaries. Whenever a development abuts
or crosses a municipal boundary, access to those lots within the borough
shall be from the borough as the general rule. Wherever access to
a development is required across land in an adjoining community as
the exception, the approving authority may require documentation that
such access is legally established and that the access road is adequately
improved.
Block length, width and acreage shall be sufficient to accommodate
the size lot required in that zoning district and to provide for convenient
access, circulation control and traffic safety.
Any principal or accessory building located on a corner lot
shall have a minimum setback from both street lines equal to the required
front yard. The remaining two yards shall be considered side yards
for the purpose of this Article.
Unless waived by the approving authority, concrete curb shall
be installed along all streets and along all edges of pavement within
a site. Curbs shall be installed at all intersections. Where installed,
the standard curb section shall be 10 feet in length with preformed
bituminous cellular-type expansion joint material on not more than
20 foot centers, shall be set in accordance with approved lines and
grades, and radial curbs shall be formed in a smooth curve. Chord
segments are prohibited. The finish shall be a smooth float finish
with corners rounded. Concrete curbs shall be eight inches at the
base by 18 inches in height with a six inch exposed face, using Class
B concrete having a 28 day compressive strength of 4,500 p.s.i. and
shall be air entrained. The curbing shall be designed to provide barrier-free
curb ramps constructed in accordance with the "Design Standards for
Curb Ramps for the Physically Handicapped" of the N.J. Department
of Transportation including a nonskid surface. Where curbs are waived,
or where alternate curbs are allowed, such as granite block or rolled
concrete curb, an appropriate construction detail shall be submitted
for approval and other equivalent or better methods of stabilizing
storm water shall be approved.
[Added 1-17-07 by Ord. No. 19-2006; amended 2-17-2021 by Ord. No. 2-2021A; 4-17-2024 by Ord. No. 3-2024]
A. Scope and purpose.
(1)
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure Best Management Practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
(2)
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection
B.
(3)
Applicability.
(a)
This section shall be applicable to the following major developments:
[1]
Nonresidential major developments and redevelopment projects;
and
[2]
Aspects of residential major developments that are not preempted
by the Residential Site Improvement Standards at N.J.A.C. 5:21.
[3]
Any development that exceeds the impervious coverage limits
of the subject zone with the exception of existing nonconformities.
(b)
This section shall also be applicable to all major developments
undertaken by Woodbury Heights.
(c)
Applicability of this section to major developments shall comply
with last amended N.J.A.C. 7:8-1.6, incorporated herein by reference.
(4)
Compatibility with other permit and ordinance requirements.
Development approvals issued pursuant to this section are to be considered
an integral part of development approvals and do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act, or ordinance.
In their interpretation and application, the provisions of this section
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare. This section is not
intended to interfere with, abrogate, or annul any other ordinances,
rule or regulation, statute, or other provision of law except that,
where any provision of this section imposes restrictions different
from those imposed by any other ordinance, rule or regulation, or
other provision of law, the more restrictive provisions or higher
standards shall control.
B. Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions used in this section shall
be the same as the last amended Stormwater Management Rules at N.J.A.C.
7:8-1.2, incorporated herein by reference.
C. Design and performance standards for stormwater management measures.
This subsection establishes design and performance standards for stormwater
management measures for major development intended to minimize the
adverse impact of stormwater runoff on water quality and water quantity
and loss of groundwater recharge in receiving water bodies. Design
and performance standards for stormwater management measures shall
comply with last amended N.J.A.C. 7:8-5, incorporated herein by reference.
D. Solids and floatable materials control standards.
(1)
Site design features identified under Subsection
C above, or alternative designs in accordance with Subsection
C above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection D1(a)[2] below.
(a)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
[1]
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
[2]
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches or is no greater than
0.5 inch across the smallest dimension. Note that the Residential
Site Improvement Standards at N.J.A.C. 5:21 include requirements for
bicycle-safe grates.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
[3]
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
(b)
The standard in Subsection
D(1)(a) above does not apply:
[1]
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
[2]
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
[3]
Where flows from the water quality design storm as specified
in the last amended Stormwater Management Rules at N.J.A.C. 7:8 et
seq., are conveyed through any device (e.g., end of pipe netting facility,
manufactured treatment device, or a catch basin hood) that is designed,
at a minimum, to prevent delivery of all solid and floatable materials
that could not pass through one of the following:
[a] A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
[b] A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1].
|
[4]
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or
[5]
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
E. Safety standards for stormwater management basins.
(1)
This subsection sets forth requirements to protect public safety
through the proper design and operation of stormwater management basins.
This subsection applies to any new stormwater management basin. Safety
standards for stormwater management measures shall comply with last
amended N.J.A.C. 7:8-6, incorporated herein by reference.
(2)
Safety ledge illustration.
Elevation View - Basin Safety Ledge Configuration
|
F. Requirements for a site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection
F(3) below as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(c)
The applicant shall submit 18 copies of the materials listed in the Checklist for Site Development Stormwater Plans in accordance with Subsection
F(3) of this section.
(2)
Site development stormwater plan approval. The applicant's
site development project shall be reviewed as a part of the review
process by the municipal board or official from which municipal approval
is sought. That municipal board or official shall consult the municipality's
review engineer to determine if all of the checklist requirements
have been satisfied and to determine if the project meets the standards
set forth in this section.
(3)
Submission of site development stormwater plan. The following
information shall be required:
(a)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(b)
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(c)
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(d)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsection
C is being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
[1]
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
[2]
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(f)
Calculations.
[1]
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection
C of this section.
[2]
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high-water table, then a soils report shall be submitted.
The soils report shall be based on on-site boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
(g)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection
C.
(h)
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection
F(3)(a) through
(f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
G. Maintenance and repair.
(1)
Applicability. Projects subject to review as in Subsection
A(3) of this section shall comply with the requirements of Subsection
G(2) and
(3).
(2)
General maintenance.
(a)
Maintenance for stormwater management measures shall comply
with last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.
(b)
The following requirements of N.J.A.C. 7:8-5.8 do not apply
to stormwater management facilities that are dedicated to and accepted
by the municipality or another governmental agency, subject to all
applicable municipal stormwater general permit conditions, as issued
by the Department:
[1]
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation; and
[2]
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(c)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the Municipal Engineer, stormwater
coordinator or their designee. The municipality, in its discretion,
may extend the time allowed for effecting maintenance and repair for
good cause. If the responsible person fails or refuses to perform
such maintenance and repair, the municipality or county may immediately
proceed to do so and shall bill the cost thereof to the responsible
person. Nonpayment of such bill may result in a lien on the property.
(d)
An annual report shall be submitted to the Department of Public
Works, by the responsible party, attesting to the continued maintenance
and functioning of the stormwater facilities. The property owner and
responsible party shall allow a municipal representative to enter
upon the property for inspection of stormwater facilities as scheduled
at least 72 hours ahead of time. The responsible party shall have
a copy of the maintenance plan and a log of inspection, regular maintenance
and remedial actions available at the site for the municipal representative
to review. In the case of an emergency, the municipal representative
shall be allowed immediate access without notice.
(3)
Nothing in this subsection shall preclude the municipality in
which the major development is located from requiring the posting
of a performance or maintenance guarantee in accordance with N.J.S.A.
40:55D-53.
H. Enforcement. The provisions of this Subsection
70-49.6 shall be enforced by the Municipal Engineer and/or Municipal Stormwater Coordinator at the direction of the Borough of Woodbury Heights governing body.
I. Penalties. Any person(s) who erects, constructs, alters, repairs,
converts, maintains, or uses any building, structure or land in violation
of this section shall be subject to the following penalties:
(1)
For a first offense, a fine not exceeding $1,500.
(2)
For second or subsequent offenses, a fine not exceeding the
sum of $5,000, probation or incarceration.
No driveway shall be constructed or maintained which does not
meet the following regulations:
A. Entrance to the street shall be at an angle of seventy-five degrees
(75°) to one hundred five degrees (105°) with the intersecting
street.
B. The portion of the driveway between the right-of-way of the street
and the cart way (the apron, sidewalk, etc.) shall be paved with concrete
(4,500 p.s.i. strength and six inches thick).
C. All curb cuts shall be properly constructed to the satisfaction of
the Municipal Engineer. Curbing shall be either depressed at the driveway
or have the curbing rounded at the corners with the driveway connected
to the street in the same manner as another street.
D. The grade of a driveway shall not exceed 10%.
E. Driveway pavement widths:
|
Minimum
(feet)
|
Maximum
(feet)
|
---|
Industrial
|
25
|
35
|
Commercial
|
20
|
35
|
Multi-family
|
20
|
35
|
One- and two-family
|
10
|
20
|
Public and quasi-public
|
20
|
35
|
*
|
Exclusive of any parking bay, turnaround, and the wider width
at any curb return.
|
F. Minimum distance to street intersection shall be 45 feet for residential
uses, and shall be either 90% of the minimum required lot width, or
at least 100 feet, whichever is less, for nonresidential uses.
G. Maximum one driveway per single family lot unless the lot is greater
than 150 feet wide, then a maximum of two driveways is permitted.
A residential lot fronting on two or more streets is permitted to
have driveway access to only one street and that street shall be the
street with the lowest classification. All driveways shall intersect
a street opposite either the front or the side of the house. Nonresidential
uses shall be limited to one driveway per lot unless the lot width
is greater than 500 feet, then a second driveway may be permitted
if the driveways are at least 200 feet apart and the required setbacks
from intersecting streets and adjacent property lines can be met.
H. Driveways shall be located the following distances from lot lines
other than street rights-of-way, except that where two lots share
a driveway, the driveway may either abut or overlap the common lot
line.
(1)
Single family and two family lots:
Five feet for lots with widths greater than 50 feet; Zero feet
for lots with widths of 50 feet or less.
(2)
Other residential: 10 feet.
I. Driveways serving single family lots shall be paved a minimum of
20 feet from the curbline and for their full length if the driveway
is less than 50 feet in length. All other driveways shall be paved
throughout their full length.
A. Easements for utility installations may be required. Such easements
shall be at least 20 feet wide except walkways and bikeways shall
have widths as specified elsewhere in this Article. The easements
shall be located in consultation with the companies or borough departments
concerned and, to the fullest extent possible, be centered on or adjacent
to rear or side lot lines.
B. Flood plain, conservation and other easements shall be indicated
on the preliminary and final plats and shown in such a manner that
their boundaries can be accurately determined.
C. The removal of trees and ground cover shall be prohibited in a conservation
easement or flood plain except where approved by the approving authority
upon the advice of its engineer for the following purposes:
(1)
The removal of dead or diseased trees.
(2)
Limited thinning of trees and growth to encourage the most desirable
growth.
(3)
The removal of trees to allow for structures designed to impound
water in areas to be flooded in the creation of ponds or lakes.
(4)
Other reasons which would enhance the landscaping plan proposed
by the applicant, comply with a larger plan to stabilize the soil,
or enhance storm water management.
D. Each easement shall be identified on a plat and each lot on which there is an easement shall have a deed prepared and filed stating the metes and bounds of each easement together with the purpose of each easement and a listing of any and all limitations on how the area within the easement(s) may be used. The boundary line of any easement shall be monumental at its intersection with all existing or proposed street lines. Each easement dedication shall be expressed on the plat and in a Deed as follows: "___________ easement granted to the Borough of Woodbury Heights as provided for in the Land Development Ordinance (Chapter
70)". There shall be no encroachment upon the easement, including, but not limited to, fences, sheds, signage, decks, patios, trees, shrubbery, and all other landscaping or structural improvement.
A. Prior to submitting a preliminary plat, the applicant may use the
Borough's Master Plan maps to present an overview of the natural limitations
of the site and to guide the layout of the proposed development. These
maps will aid in locating soil types, topography, slopes, surface
water, aquifers, depth to water table, flood plains, vegetation, foundation
limitations, erosion potential and septic suitability. Little or no
text need accompany this data at this stage. It is anticipated that
major areas of concern can be identified and agreed upon by use of
this generalized data at an early stage in order to avoid development
designs that will encroach upon the major environmental problem area.
Where environmentally sensitive areas identified by this general data
must be encroached upon, the Environmental Impact Report submitted
at the preliminary plat stage can analyze the problem in more detail
based upon on-site evaluations, but limiting the analysis to the smaller
areas of concern.
B. The preliminary plat shall be accompanied by an Environmental Impact
Report complying with the following, unless as a result of data submitted
prior to the preliminary plat, the approving authority shall have
waived or modified certain portions of these requirements:
(1)
A description of the development specifying what is to be done
during construction and operation to minimize environmental impacts
and what aspects of the design promote the conservation of energy
and encourage maximum utilization of renewable energy sources;
(2)
An inventory of the following on-tract conditions and an assessment
of the probable impact of the development upon them:
(b)
Water quality of streams;
(d)
Wetlands and required transition areas;
(e)
Soil types and soil erosion;
(i)
Historic landmarks or sites;
(j)
Site aesthetics, e.g., views, terrain, mature wooded areas,
etc.; and
(k)
Identifying what high hazard uses will be on-site as described
in Use Group H in Section 306 of the BOCA National Building Code,
as amended, and what precautions to protect the public health and
safety are incorporated in the proposed development for shipping,
handling, storage and emergency conditions as related to these high
hazard uses;
(3)
Air and water quality shall be described with reference to standards
of the Department of Environmental Protection and Energy. Soils shall
be described with reference to Soil Conservation Service categories
and characteristics as they relate to such things as erosion, sewage
capability, and high water table. Wetlands and 100 year flood plains
shall be delineated based on N.J. DEP requirements;
(4)
A list and the status of any approvals needed from federal,
state, or county agencies;
(5)
An evaluation of any adverse environmental impacts which cannot
be avoided including air and water pollution, noise, sedimentation
and siltation, increase in borough services, and consequences to the
township tax structure;
(6)
A description of steps to be taken to avoid or minimize adverse
environmental impacts during construction and operation, including
maps, schedules and other explanatory data; and
(7)
Notwithstanding the foregoing, the approving authority may waive
all or part of an Environmental Impact Report if sufficient evidence
is submitted to support a conclusion that the development will have
a slight or negligible environmental impact, or that the complete
report need not be prepared to evaluate the environmental impact of
the development.
C. The submission of major site plans and major subdivisions shall be
accompanied by a completed Environmental Questionnaire even though
the data requested in the questionnaire may also be included in the
Environmental Impact Report. The Environmental Questionnaire shall
be forwarded by the Approving Authority to the Environmental Commission
for review and comment which shall be returned to the Approving Authority
within 30 days of its receipt by the Environmental Commission.
A. Family day care facilities shall be licensed by the N.J. Department
of Human Services and shall also adhere to the following regulations.
Where the following regulations conflict with regulations of the Department
of Human Services, the Department of Human Services regulations shall
prevail.
(1)
Lot size.
(a)
A minimum of one acre for the first 40 children, plus 0.2 acre
for each 20 children above 40, but need not exceed one and one-half
(1.5) acres.
(b)
Maximum size for any facility in a residential zoning district:
100 children.
(2)
Location. The property shall be located within 350 feet of an
arterial or collector street as classified in the Master Plan, provided
that the property has access to/from an arterial, collector or primary,
local street.
(3)
Minimum Dimensions:
Lot width
|
150 feet
|
Front yard
|
45 feet
|
Rear yard
|
40 feet
|
Lot depth
|
200 feet
|
Side yard
|
25 feet
|
(a)
Notwithstanding the minimum yard requirements, the minimum setback
from the centerline of any existing or proposed electric company's
transmission/distribution supply line or electric substations shall
be 200 feet. This setback shall, not apply to local service lines
or service connections to individual buildings.
(4)
Maximum building height. One story or 30 feet.
(5)
Minimum off-street parking. Four spaces, plus one space for
each school vehicle, but in any event not less than either two spaces
per teacher and teacher's aide, or 0.4 space per student based on
the state's approved capacity of the facility, whichever is less.
(6)
Minimum drop-off area. An on-site drop-off area that is separate
from the parking spaces shall be provided. The drop-off area is for
temporary parking parallel to the curb. The drop-off area shall have
a minimum length of 75 feet. Said area shall be designed for one-way
traffic flow so students leaving vehicles have access to a sidewalk
leading into the school without the child having to cross a street,
parking lot, loading area, driveway, or aisle.
(7)
Maximum floor area ratio. Fifteen hundredths.
(8)
Minimum outdoor recreation area: Two percent of the lot area,
but not less than the following chart. The total recreation area need
not exceed 15,000 square feet. All recreation areas shall be fenced
and be located not less than 20 feet from any lot line. All recreation
areas shall be screened from adjoining residences and residential
lots by a double row of massed evergreens spaced not more than 10
feet apart.
Minimum Size of Required Recreation Areas
|
---|
Maximum # Children
|
All Children Under Age 6
|
One or More Children Age 6 and Over
|
---|
25
|
1,000 sf
|
2,000 sf
|
26-50
|
2,000 sf
|
4,000 sf
|
51-75
|
3,000 sf
|
6,000 sf
|
76-100
|
4,000 sf
|
8,000 sf
|
A. Wherever a central water supply system services a development, provision
shall be made for fire hydrants along streets and/or on the walls
of nonresidential structures as approved by the Municipal Fire Department
or Municipal Engineer and in accordance with Fire Insurance Rating
Organization Standards.
B. Where streams or ponds exist, or are proposed on lands to be developed,
facilities shall be provided to draft water for firefighting purposes.
This shall include access to a public street suitable for use by firefighting
equipment and construction of or improvements to ponds, dams or similar
on-site development, where feasible. Such facilities shall be constructed
to the satisfaction of the Municipal Engineer and Fire Department
and in accordance with Fire Insurance Rating Organization standards.
A. Flood plains shall be preserved and not built upon. Where a property
containing a flood plain is proposed for development or other improvements,
no proposed structures shall be located within the 100 year flood
plain. The uses permitted in the 100 year flood plain shall be limited
to general farming, overflow parking or areas serving peak parking
and loading demands, lawns, gardens, detention basins and ponds meeting
other state regulations and open space/recreation uses not requiring
structures. No septic systems shall be in the 100 year flood plain.
B. Purposes.
(1)
To prevent the encroachment of development into flood hazard
areas in order to protect human life and health.
(2)
To implement the rules and regulations promulgated by the New
Jersey Department of Environmental Protection.
(3)
To guide construction, regrading and other encroachments that
might otherwise occur in flood hazard areas through cluster zoning
and other planned developments.
(4)
To prevent pollution during low- or high-water periods by eliminating
unsanitary or dangerous substances in flood hazard areas.
(5)
To minimize public expenditures for flood control projects,
repairs to public facilities and utility services and rescue and relief
efforts.
(6)
To minimize disruption in homes, businesses and places of employment.
(7)
To give better assurance that buyers are notified of the limits
of properties in a flood hazard area and that those who occupy properties
in these areas assume responsibility for their actions.
A. A grading plan is required for all major subdivisions and site plan
and/or all site plans greater than one acre. The plan shall show all
existing and proposed contours at one foot contour intervals. Either
the footing and top-of-foundation elevations shall be shown consistent
with the grading plan for the site and for each building, or the plan
shall include a General Note that all footing, top-of-foundation,
and other required elevations shall be provided as part of the request
for a construction permit with the elevations being consistent with
the approved development plan and other design requirements such as,
but not limited to, driveway slopes.
B. All lots where fill material is deposited shall have clean fill and/or topsoil deposited, which shall be graded to allow positive drainage away from all buildings and complete surface draining of the lot into local storm sewer systems or natural drainage courses. No regrading of a lot shall be permitted which would create or aggravate water stagnation or a drainage problem on the site or on adjacent properties; or which will result in a top soil or subsoil removal from the site or from the borough; or which will violate the provisions of the soil erosion and sediment control, soil removal and redistribution, and flood plain provisions of this Article (Section
70-49.12). Grading shall be limited to areas shown on an approved site plan or subdivision. Any topsoil disturbed during approved excavation and grading operations shall be redistributed throughout the site.
C. The grading plan shall show spot elevations throughout the site at
all major corners of buildings, property corners, high points, low
points, changes in grade, and at other locations as may be required
to clarify design.
D. Lot Survey. Prior to the start of construction, an individual lot
survey reflecting the building and driveway locations shall be prepared
and submitted with the construction permit application, along or with
the submission of a copy to the Borough Engineer, which plans shall
also show the proposed elevations of the footings, the top-of-block
of the foundation wall, and the top of the curb on the abutting street
or the edge of the street pavement where there is no curb. There shall
be positive drainage away from the building consistent with the current,
applicable building code and any approved subdivision and/or site
plan.
E. Prior to commencing the framing of the building, and upon completion
of the foundation wall or on-grade slab, the lot survey plan shall
be submitted to the Construction Official and Borough Engineer, revised
as may be necessary, showing "as built" elevations and horizontal
locations of the top of foundation walls or ongrade slab, as appropriate,
and the elevations of either the top of the concrete curb or edge
of street pavement where there is no curb.
F. Prior to issuing a certificate of occupancy, but upon completion of the building, the lot survey plan shall be submitted to the Construction Official and Borough Engineer, revised as necessary, showing the "as built" first floor elevation, garage floor elevation, slope of driveway, and yard elevations depicting grading to allow positive drainage away from all buildings and complete surface drainage of the lot into local storm systems or natural drainage courses, all in compliance with the current, applicable building code and grading and filling subsection of this Article (Section
70-49.13). The lot survey shall include a letter of compliance signed by the design professional, e.g., licensed engineer or surveyor, confirming the lot and building have been constructed in accordance with the approved plan.
G. Individual grading plans shall adhere to §
70-49.35.
[Added 3-16-2022 by Ord. No. 3-2022]
A. General.
(1)
Street trees, buffer areas, and other required planting shall
be in accordance with this and other referenced sections of this Article.
(2)
Street trees and other required plant material shall not be
planted until the finished grading of the subdivision of land development
has been completed.
(3)
The landscape plan shall be prepared by a registered landscape
architect or other professional licensed to do so in the State of
New Jersey and shall be reviewed and approved by the approving authority.
(4)
All required planting shall be guaranteed from the date of planting
until the borough accepts all improvements in the development and
the plantings shall be certified to be alive and healthy by the Borough
Engineer prior to the expiration of the guarantee period.
(5)
All plantings and other landscaping improvements shall be assured as required in Section
70-49 entitled Guarantees and Inspections. Such guarantee shall be released only after passage of the second growing season following planting.
(6)
Any part or portion of a site which is not used for buildings,
other structures, loading and parking spaces and aisles, other paving,
sidewalks and designated storage areas shall be planted with an all-season
ground cover, trees and shrubs or shall be left in its natural state,
all as set forth in the landscape plan and approved by the approving
authority.
(7)
All mechanical and electrical equipment not enclosed within
a building shall be fully and completely screened from view from any
public street in a manner compatible with the architectural and landscaping
style approved on the remainder of the lot. Such screening shall be
part of the landscape plan.
B. Existing vegetation.
(1)
In cases where existing features on the site either duplicate
or essentially duplicate the requirements for street trees, buffering,
or other landscaping provisions as set forth in this Article, the
existing natural features shall be shown on the landscape plan to
be reviewed and acted upon by the approving authority.
(2)
All developments shall be laid out, where possible, in such
a manner so as to preserve the healthy trees and shrubs on the site.
(3)
During the construction on any site, trees and shrubs shall
be protected to insure that there is not encroachment within the area
of their drip-line by changing grade, trenching, stockpiling or building
materials or topsoil, or the compaction of the soil and roots by any
motor vehicle.
(4)
If any plant material is to be removed, it must be done in accordance
with the specifications set forth by the American Association of Nurserymen.
(5)
All diseased or dead trees shall be promptly removed from the
site.
C. Detention basin soil stabilization.
(1)
Within any detention basin one of the following seed mixtures
shall be used.
(a)
Crown vetch establishment (legume)
[1] Crown vetch, plus: 20 lbs/acre
[2] Tall fescue, plus Nurse grass (use one):25 lbs/acre
[3] Annual ryegrass, or: 30 lbs/acre
[4] Perennial ryegrass: 30 lbs/acre
(b)
Birdsfoot trefoil establishment (legume)
[1] Birdsfoot trefoil, plus: 8 lbs/acre
[2] Tall fescue, plus Nurse grass (use one): 25 lbs/acre
[3] Annual ryegrass, or: 30 lbs/acre
[4] Perennial ryegrass: 30 lbs/acre
(c)
Deertongue grass establishment (legume)
[1] Deertongue grass, plus: 10 lbs/acre
[2] Tall fescue, or: 25 lbs/acre
[3] Birdsfoot trefoil, plus Nurse grass (use one):
6 lbs/acre
[4] Annual ryegrass, or: 30 lbs/acre
[5] Perennial ryegrass: 30 lbs/acre
(2)
Preferred varieties:
(c)
Perennial ryegrass - Pennfine or Manhattan
(e)
Birdsfoot trefoil - 50/50 mixture of Empire and either Maitland
or Viking.
(f)
Since other seed varieties may be equally suited to perform
the purpose of the mixture stated in this section or the preferred
seeds may not always be readily available, other seed varieties of
equal quality shall be acceptable upon approval from the Borough Engineer.
(3)
As a general standard, one tree shall be planted per each 45
lineal feet of the perimeter. It is preferred, however, that this
required number of trees be planted in an informal arrangement if
possible. Approved trees for the perimeter of detention basins shall
include the following:
Acer rubrum
|
Red Maple
|
Liquidambar styraciflua
|
Sweet Gum
|
Nyssa sylvatica
|
Black Gum
|
Salix species
|
Willow
|
(4)
Shade trees shall be located along the side of basins abutting
a street, and around or along the perimeter of the basin, according
to subparagraph (3) above. The remainder of detention basins and similar
open space storm water management facilities shall have at least two
planting areas of massed evergreens and shrubbery containing a minimum
of three white pines or Norway spruce and two varieties of shrubs
totaling at least 12 shrubs plus selected perennial flowers for color.
The number of planted areas shall increase as the basin and similar
open space areas serving storm water management functions increase
in size. The total number of planted areas shall be based on one planted
area for every 1/2 acre within the parcel set aside for the basin
or similar storm water management function.
(a)
All shade trees shall have a minimum diameter of two and one-half
(2.5) inches measured three feet above the ground and be of a species
approved by the approving authority. Trees shall be planted 40 to
60 feet apart, parallel to the curb and directly outside any utility
easements which border the property. Trees shall not be placed in
the grass strip between the curb and sidewalk. Trees shall be balled
and burlapped, nursery grown, free from insects and diseases and true
to species and variety.
(b)
Stripping trees from a lot or filling around trees on a lot
shall not be permitted unless it can be shown that grading requirements
necessitate removal of trees, in which case, those lots shall be replanted
with trees to reestablish the tone of the area and to conform to adjacent
lots. Dead or dying trees shall be replaced by the applicant during
the next recommended planting season.
(c)
Parking lots shall be planted as required in this section.
D. Parking facilities.
(1)
Screen planting shall be provided along each perimeter of a
parking area. No less than 10% of the interior of a proposed parking
area must consist of buffer areas and islands and must be landscaped
and continually maintained.
(2)
Where a planted screen is proposed, it shall incorporate the
planting of staggered and overlapping evergreen and deciduous shrubs
of such species and size as will produce within two growing seasons
after planting (May through September), a screen at least four feet
higher than the elevation of the adjacent parking area, and of such
density as will obscure 75% of the light emitted from automobile headlights
on the premises throughout the full course of the year. Where the
adjacent land elevation is higher than the parking area elevation,
trees and shrubs shall be at least two feet in height, satisfaction
of the four foot requirement notwithstanding. These provisions shall
not, however, interfere with the requirement for clear sight triangles.
(3)
Within a parking lot, parking areas of a 20 vehicle width shall
be separated from one another by planting strips not less than 10
feet in width.
(4)
All parking areas shall have at least one tree of two and one-half
(2 1/2) inches caliper minimum for every five parking spaces
in single bays and for every 10 parking spaces in double bays.
(5)
All areas between the parking area and the building shall be
planted according to the approved landscape plan with trees, shrubbery,
ground Dover and grassed lawn.
(6)
For recommended plants see Subsection
F(5) below.
E. Street trees.
(1)
General requirements.
(a)
Street trees and associated planting shall be required for any
design and construction of:
[2] New sidewalks or pedestrian or bicycle ways;
[3] Existing streets, sidewalks, pedestrian ways, highways,
bicycle or other trails or pathways when they abut or lie within the
developments serving more than four dwelling units; and
[4] Access driveways to residential developments serving
more than four dwelling units.
(b)
Trees shall not, at maturity, obstruct existing overhead utilities
nor visibility of traffic control signs or signals, or visibility
at street intersections or driveway entrances.
(c)
Plant materials shall be selected to minimize future maintenance
costs, including, but not limited to, considerations of pruning, tree
removal and sidewalk repair.
(d)
Plant material shall not interfere with underground utilities,
storm water management facilities, or restrictions within easements.
(e)
Plant material shall be adaptable to the specific planting site
and achieve the specified design objectives of the plan.
(f)
Plant material shall be spaced to permit the healthy growth
of each plant.
(g)
Plant material shall mitigate adverse microclimate conditions.
(2)
Quantity.
(a)
Street trees generally shall be at intervals, not to exceed
25 feet along the street right-of-way as part of a residential or
nonresidential development, with trees alternating from side to side
(50 foot maximum spacing between trees on the same side), or as otherwise
specified by the approving authority.
(b)
Street trees shall be provided at intervals of 40 feet along
a medial divider or within a cul-de-sac landscaped island.
(c)
An equivalent number of trees may be planted in an informal
arrangement as approved on the landscape plan.
(3)
Location.
(a)
Street trees shall not be planted opposite each other, but shall
alternate.
(b)
At intersections, trees shall be located no closer than 30 feet
from the intersection of the curb lines.
(c)
Street trees shall be provided by the applicant and planted
on lots a minimum distance of five feet inside the lot lines paralleling
the right-of-way line rather than within the right-of-way. Trees shall
be so located so as to not interfere with the installation and maintenance
of sidewalks and utilities.
(4)
Size.
(a)
Tree caliper at the time of planting, as measured four feet
above ground level, shall be no less than two inches.
(5)
Approved plant material. The following plant material is approved
of for use within the borough provided that the specific site is suitable.
(a)
Large trees:
Acer rubrum
|
Red Maple varieties
|
Acer saccharum
|
Sugar Maple
|
Frarinus Americana
|
White Ash
|
Fraxinus Pennsylvania lanceolata
|
Green Ash
|
Liriodendron tulipifera
|
Tulip Tree
|
Philodendron amurense
|
Amur Cork Tree
|
Quercus borealis
|
Red Oak
|
Quercus coccinea
|
Scarlet Oak
|
Quercus phellos
|
Willow Oak
|
Tilia- Linden
|
All species hardy to the area
|
Zelkova serrata
|
Japanese Zelkova
|
(b)
Small trees:
Acer ginnala
|
Amur Maple
|
Cornus florida
|
Flowering Dogwood
|
Crataegus phaenopyrum
|
Washington Hawthorn
|
Gingko biloba
|
Gingko (male only)
|
Prunus kwanzan
|
Kwanzan Cherry
|
Pyrus calleryana Bradford
|
Bradford Pear
|
(c)
Upon the approval of the approving authority, and upon the recommendation
of the Borough Engineer, other species may be substituted as shown
on the landscape plan.
F. Buffers
(1)
Buffer areas shall require site plan approval and are required
along all lot lines and street lines which separate a nonresidential
zoning district. Buffer areas shall be developed in an aesthetic manner
for the primary purposes of screening views and reducing noise perception
beyond the lot and in residential areas between single family and
multifamily developments and in all zones where there is reverse frontage
design along public streets. Buffer areas shall be designed by a landscape
architect or other professional licensed to do so in the State of
New Jersey.
(2)
Buffer widths shall be measured horizontally and perpendicularly
to lot and street lines. No structure, activity, storage of materials
or parking of vehicles shall be permitted in a buffer area. The standards
for the location and design of buffer areas are intended to provide
flexibility in order to provide effective buffers. The location and
design of buffers shall be designed giving consideration to the use
of the portion of the property being screened; the distance between
the use and the adjoining property lines; differences in elevations;
the type of buffer such as dense planting, existing woods, a wall
or fence; buffer height; buffer width; and other combinations of man-made
and natural features. The buffer shall be designed, planted, graded,
landscaped and developed with the general guideline that the closer
a use or activity is to a property line, or the more intense the use,
the more effective the buffer area must be in obscuring light and
vision and reducing noise beyond the lot.
(3)
A minimum of 1/2 of the periphery that requires a buffer shall
have a buffer at least 15 feet wide which shall be designed, planted,
graded; landscaped and developed to obscure the activities of the
site from view. In addition, not more than 1/2 of the periphery that
requires a buffer shall consist of at least two of the following:
fencing or walls in a landscaped area not less than 10 feet wide;
a landscaped berm at least six feet high that shall be planted with
trees, evergreens and/or shrubbery to increase its effective height;
a building with a setback of at least 200 feet with a grade of less
than 20% where groups of plantings and trees are located within this
area to enhance some architectural feature(s) of the structure as
well as offer a break to large open areas, but with no other use permitted
in this yard area; and a parking area setback of at least 100 feet
that is screened as required under the off-street parking provisions
of this Article. If in the judgment of the approving authority any
of these alternate provisions will not provide sufficient buffers
for the portion of the site proposed, the approving authority may
require the site plan to be modified to show the extension of the
15 foot buffer area outlined above, require that the proposed alternatives
be landscaped differently, or be relocated until, in the approving
authority's judgment, they provide the desired buffering effect.
(4)
All buffer areas shall be planted and maintained with either
grass or ground cover, together with a screen of live shrubs or scattered
planting of live trees, shrubs or other plant material meeting the
following requirements:
(a)
The preservation of all natural wooded tracts shall be an integral
part of all site plans and may be calculated as part of the required
buffer area, provided the growth is of a density and the area has
sufficient width to serve the purpose of a buffer. Where additional
plantings are necessary to establish an appropriate tone for an effective
buffer, said plantings may be required;
(b)
The applicant shall not be required to provide a buffer where
existing plantings, topography, or man-made structures are deemed
acceptable by the approving authority;
(c)
Wall, ornamental structures, approved plantings, or a combination
of these, not less than four feet in height, with or without berms,
may be used subject to approval of the landscape plan;
(d)
All plant material used shall be a minimum height of four feet
at the time of planting and shall usually be planted in a staggered
arrangement in order to provide an immediate effect;
(e)
Deciduous and semi-deciduous plants may be used in conjunction
with evergreens to provide color, and a softer, more interesting and
natural effect; and
(f)
The screen planting shall be so placed that at maturity it will
not be closer than three (3) feet from any street or property line.
(5)
The following plant materials and sizes are recommended for
buffer purposes. Upon the recommendation of the Borough's Planner,
the approving authority may permit other planting types if they are
hardy to the area, are not subject to blight or disease, are of the
same general character and growth habit as those listed below, and
result in the same buffer effect. All planting material shall meet
the standards of the American Association of Nurserymen.
(a)
Canopy tree (minimum one and one-half (1 1/2) inch caliper)
Acer ginnala
|
Amur Maple
|
Acer plantanoides
|
Norway Maple
|
Acer rubrum
|
Red Maple varieties
|
Acer saccharum
|
Sugar Maple
|
Betula alba
|
European White Birch
|
Betula papyrifera
|
Paper Birch
|
Fergus grandifolia
|
American Beech
|
Fagus sylvatica
|
European Beech
|
Fraxinus Americana
|
White Ash
|
Fraxinus Pennsylvania lanceolata
|
Green Ash
|
Ginkgo biloba
|
Ginkgo (male only)
|
Liriodendron tulipifera
|
Tulip Tree
|
Phellodendron amurense
|
Amur Cork Tree
|
Quercus borealis
|
Red Oak
|
Quercus coccinea
|
Scarlet Oak
|
Quercus phellos
|
Willow Oak
|
Sophora Japonica
|
Japanese Pagodatree
|
Tilia- Linden
|
all species hardy to the area
|
Zelkova serrata
|
Japanese Zelkova
|
(b)
Flowering tree
|
|
Minimum Size
|
---|
Amelanchier canadensis
|
Shadblow Serviceberry
|
5-6 feet
|
Cornus florida
|
Flowering Dogwood
|
5-6 feet
|
Cornus kousa
|
Kousa Dogwood
|
5-6 feet
|
Cornus mas
|
Cornelian Cherry
|
5-6 feet
|
Crataegus phaenopyrum
|
Washington Hawthorn
|
5-6 feet
|
Koelreuteria paniculata
|
Golden Rain Tree
|
8-10 feet
|
Laburnum vossi
|
Goldenchain
|
1 1/4-1 1/2" caliper
|
Magnolia soulangeana
|
Saucer Magnolia
|
5-6 feet
|
Magnolia virginiana
|
Sweetbay
|
5-6 feet
|
Magnolia soulangeana
|
Saucer Magnolia
|
5-6 feet
|
Magnolia virginiana
|
Sweetbay
|
5-6 feet
|
Oxydendrum arboreium
|
Sourwood
|
6-7 feet
|
Pyrus calleryana Bradford
|
Bradford Pearl
|
1 1/4-1 1/2" caliper
|
Prunus kwanzan
|
Kwanzan Cherry
|
1 1/4-1 1/2" caliper
|
Prunus yedoensis
|
Yoshino Cherry
|
11/4-1 1/2" caliper
|
(c)
Evergreens (3-4 feet)
Ilex opaca
|
American Holly
|
Picea abies
|
Norway Spruce
|
Picea omorika
|
Serbian Spruce
|
Picea pungens
|
Colorado Spruce
|
Pinus stobes
|
White Pine
|
Pseudotsuga menzietsii
|
Douglas Fir
|
Tsuga Canadensis
|
Canadian Hemlock
|
(d)
Hedge
Crataegus phaenopyrum
|
Washington Hawthorn
|
5-6 feet
|
Forsythia intermedia
|
Border Forsythia
|
4-5 feet
|
Rhamus frangula columnaris
|
Tallhedge Buckthorn
|
3-4 feet
|
Syringa Chinesis
|
Chinese Lilac
|
3-4 feet
|
Syringa vulgaris
|
Common Lilac
|
4-5 feet
|
Viburnum tomentum
|
Doublefile Viburnum
|
4-5 feet
|
(e)
Hedgerow
Crataegus crus- galli inermis
|
Thornless Cockspur
|
5-6 feet
|
Crataegus phanenopyrum
|
Washington Hawthorn
|
5-6 feet
|
Elaeagnus angustifolia
|
Russian Olive
|
4-5 feet
|
Euonymus alatus
|
Winged Euonymus
|
3-4 feet
|
Viburnum sieboldi
|
Siebold Viburnum
|
4-5 feet
|
Viburnum tomentosum
|
Double- file Viburnum
|
4-5 feet
|
(f)
Evergreen shrubs
Juniperus virginiana
|
Eastern Red Cedar
|
5-6 fee
|
Pyracantha coccinea Mohave
|
Mohave Firethorn
|
3-4 feet
|
Taxus capitata
|
Upright Yew
|
2 1/2-3 feet
|
Taxus hicksi
|
Hicks Yew
|
2 1/2-3 feet
|
Thuja occidentalis
|
American Arborvitae
|
4-5 feet
|
(g)
Deciduous shrubs
Abelia grandiflora
|
Glossy Abelia
|
3-4 feet
|
Euonymus alatus compactus
|
Dwarf Winged Euonymus
|
3-4 feet
|
Hamamelis vernalis
|
Vernal Witch Hazel
|
4-5 feet
|
Spirea vanhouttei
|
Vanhoutte's Spirea
|
3-4 feet
|
Ilex verticillata
|
Winterberry
|
4-5 feet
|
Forsythia intermedia spectabilis
|
Showy Border Forsythia
|
4-5 feet
|
Viburnum dentatum
|
Arrowwood Viburnum
|
4-5 feet
|
Viburnum dentatum
|
Wayfaring-tree Viburnum
|
4-5 feet
|
(6)
Buffers along reverse frontages. The buffer area of a development
abutting an arterial or collector street right-of-way shall either
be planted with nursery-grown trees to a depth of not more than the
25 foot buffer strip along the right-of-way line and for the full
length of the development and the highway, or, where topography permits,
earthen berms may be created at a sufficient height to establish a
buffer between the development and the highway. Berms shall not be
less than five feet in height; they shall be planted with evergreens
and deciduous trees according to a landscaping plan so as to be designed
to have no adverse effect on nearby properties. The buffer area shall
be planted with a row of canopy and/or flowering trees as outlined
above, plus at least one row of evergreens behind these trees, the
evergreens spaced no more than 15 feet apart and no less than five
feet in height after planting. Any fencing located along an arterial
or collector road shall be on the house or developed side of the buffer
area. Said fence shall meet the requirements of the section entitled
"Fences" under this chapter.
A. All outdoor lighting shall be shown on site plans and be subject
to approval from the approving authority. The lighting details shall
include the height of the fixture, design of the fixture, shielding
as appropriate, and the intensity of light. The Plan shall show the
pattern of light intensity for each fixture in order to allow a determination
of the effects at the property line, on nearby streets, driveways,
residences and overhead sky glow. In areas of "high activity" the
approving authority may require a reduction in lighting after certain
hours.
B. The light intensity provided at ground level shall be dependent upon
the use and night time activity level, as follows:
Use
|
Average foot-candles
|
---|
High activity:
|
|
Parking lots/walkways in business and similar areas
|
2 fc
|
Commercial loading areas
|
10 fc
|
Basketball and tennis courts
|
10 fc
|
Playgrounds (general)
|
5 fc
|
Medium Activity:
|
|
Street lighting at intersections
|
1.2 fc
|
Street lighting at mid-block and similar locations
|
0.6 fc
|
Low Activity:
|
|
Lighting along rural roads and similar locations
|
0.8 fc
|
C. On-site lights shall not exceed a height of 25 feet on nonresidential
lots nor exceed a height of 12 feet on residential lots. The light
fixture shall be a design with a recessed bulb or other design that
has a sharp cut off of the light to limit sideways glare.
D. Uniform illumination is desirable, that is, the lowest foot-candle
value should not be less than 1/4 the recommended average. No lighting
shall shine directly or reflect into the window of residences, nor
shall lighting shine or reflect onto streets and driveways in such
a manner as to interfere with driver vision. No lighting shall be
of a yellow, red, green or blue beam or be of a rotating, pulsating
beam or other intermittent frequency. The intensity of such light
sources, light shielding, the direction and reflection of the lighting
and similar characteristics shall be subject to site plan approval
by the Planning Board.
A. Lot dimensions and area shall not be less than the requirements of
the zoning provisions.
B. Insofar as is practical, side lot lines shall be either at right
angles or radial to street lines.
C. Each lot must front upon an approved, paved street with a right-of-way
of at least 50 feet.
D. Through lots with frontage on two streets are permitted provided
access shall be to the street with the lower traffic function.
E. Where extra width has either been dedicated or anticipated for widening
of existing streets, zoning considerations shall begin at such new
street line and all setbacks shall be measured from such line.
F. Two or more contiguous lots under the same ownership, regardless
of whether or not each may have been approved as portions of a subdivision,
acquired by separate conveyance, or by other cooperation of law, and
one or more of said lots does not conform with the minimum area and/or
dimension requirements for the zone in which it is located, the contiguous
lots shall be considered as a single lot and the provisions of this
section shall hold.
G. Any nonconforming lot existing at the time of adoption of this section
which does not meet the definition of the previous Subsection F may
have a construction permit issued for a permitted use without an appeal,
for a variance, provided that the building coverage is not exceeded
and parking requirements are met, and provided further that the nonconforming
lot abuts lots on either side that are developed and the nonconforming
lot is the largest possible assemblage of contiguous land under the
preceding subsection; however, the construction permit may be delayed
until the approving authority determines the reasonableness of requiring
the applicant to acquire additional land to reduce or eliminate the
nonconformity. Where the resulting lot is still nonconforming, the
yard and height provisions may be reduced to the same percentage the
area of the undersized lot bears to the zone district requirements,
except that no side yard shall be less than half that required by
this ordinance, or five feet, whichever is greater, and no building
shall be required to have a height less than 12 feet.
H. Whenever land has been dedicated or conveyed to the municipality
by the owner of a lot in order to meet the minimum street width requirements
or to implement the Official Map or Master Plan and such lot existed
at the effective date of this section, the Construction Official shall
not withhold a building and/or occupancy permit when the lot depth
and/or area was rendered substandard due to such dedication and where
the owner has no adjacent lands to meet the minimum requirements.
I. Lots shall be required to have such additional area or dimensions
as necessary to assure adequate lot area and lot dimensions as well
as front, side and rear yards located outside of floodways, wetlands
and wetland buffer areas as set forth in the various definitions for
lots and yards. The area of residential lots shall not include areas
for detention basins and similar storm water management functions
as set forth in this Article under the section entitled "Drainage".
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12
of the Map Filing Law, as amended, and shall be placed in accordance
with said statute and indicated on the final plat. All lot corners
shall be marked with a metal alloy pin of permanent character.
A. Natural features such as trees, brooks, swamps and views shall be
preserved whenever possible. On individual lots, care shall be taken
to preserve selected trees having a caliper of six inches or greater
in order to enhance soil stability and the landscape treatment of
the area.
B. Removal of natural resources shall be prohibited except as follows,
and topsoil moved during construction shall remain on-site and be
redistributed on-site:
(1)
As a part of the construction or alteration of a building, or
the grading incidental to a building or such other grading necessary
for a development as approved on a subdivision or site plan.
(2)
In connection with normal lawn preparation and maintenance.
(3)
In connection with construction or alteration of a street or
utility improvement.
(4)
In farming operations in those zoning districts where farming
is permitted, provided that sound soil conservation practices are
observed.
A. Before final approval, the approving authority may require, in accordance
with the standards of this ordinance, the installation, or the furnishing
of a performance guaranty in lieu thereof, of any or all of the following
off site and off tract improvements which are necessary or appropriate
for the protection of the public interest by reason of the development's
effect on lands other than the development's property: street improvements,
surveyor's monuments, water system, storm sewers, sanitary sewers
or other means of sewage disposal, drainage structures, erosion control
and other improvements of similar physical character type, including
easements or rights-of-way therefor.
B. Where such off-site and off-tract improvements are required, the
approving authority shall refer the requirements to the governing
body for confirmation. The governing body shall confirm or reject
the requirements referred by the approving authority within 65 days
of the date of referral, unless the applicant agrees in writing to
an extension of time. If the governing body does not confirm the off-site
and off-tract improvements or if the time period or an extension expires,
the approving authority shall proceed to act on the application without
consideration of the off-site and off-tract improvements.
C. As part of its confirmation, the governing body shall determine as
to each required improvement whether the off-site and off-tract improvement
is to be constructed by the municipality as a general improvement,
or as a local improvement, or by the applicant with a formula for
providing partial reimbursement if the improvement specially benefits
properties other than the subdivision.
D. If the governing body confirms any or all of the off-site and off-tract
improvements required, the applicant shall provide an estimate of
said improvements. The approving authority, with the aid of the Borough
Engineer and such other persons having pertinent information or expertise,
shall review the cost of the improvement and the amount by which all
properties to be serviced thereby, including the development property,
will be specially benefited therefrom.
E. Any performance guaranty required in connection with a development
application shall include an amount sufficient to ensure payment to
the municipality of one of the following amounts:
(1)
If the improvement is to be constructed by the municipality
as a general improvement, an amount equal to the difference between
the estimated cost of the improvement and the estimated total amount
by which all properties to be serviced thereby, including the development
property, will be specially benefited by the improvement;
(2)
If the improvement is to be constructed by the municipality as a local improvement, then, in addition to the amount referred to in Subsection
E(1) above, the estimated amount by which the development property will be specially benefited by the improvements; or
(3)
If the improvement is not to be constructed by the applicant,
an amount equal to the estimated cost of the improvement.
F. Upon full completion of any required off-site or off-tract improvement
for which the applicant has posted a performance guaranty, the estimated
amounts used to calculate the amount of the guaranty shall be re-determined
to the end that the applicant shall be required to pay his appropriate
share of the actual cost of the improvement.
G. All financial considerations concerning off-site and off-tract improvements
shall be resolved prior to final plat approval.
A. Access to and from lots serving more than six spaces. All driveways
shall comply with the section of this Article entitled "Driveways".
B. Access to parking and loading spaces. Individual parking and loading
spaces shall be served by on-site aisles designed to permit each motor
vehicle to proceed to and from each parking and loading space without
requiring the moving of any other motor vehicle. Where the angle of
parking is different on both sides of the aisle, the larger aisle
width shall prevail.
C. Buffers and setbacks. Parking and loading areas for commercial and
industrial uses shall be buffered from adjoining streets, existing
residential use or any residential zoning district in a manner meeting
the objectives of the buffer section of this ordinance. The edge of
a parking space shall be at least 15 feet from the street right-of-way
with this area being landscaped as set forth on an approved landscape
plan. Loading spaces and on-site aisles running parallel to public
streets shall be at least 25 feet from the street right-of-way. No
parking space, loading space, driveway, aisle, or similar facility
serving a nonresidential use shall be closer than five feet in the
Community Commercial District or 50 feet in the Highway Commercial
District to a residential zoning line.
D. Curbing. All off-street parking areas serving more than six spaces
and all off-street loading areas shall have concrete or blue stone
curbing around the perimeter of the parking and loading areas and
to separate major interior driveways from the parking and loading
spaces. All curbing shall be located in conjunction with an overall
drainage plan. Curbing installed at locations requiring pedestrian
access over the curbing shall be designed to have ramps from the street
grade to the sidewalk. The breaks shall be either opposite each aisle
or no less frequent than one every 65 feet along the curb.
E. Dimensions.
(1)
Off-street parking spaces shall be a minimum of 20 feet in length.
Where a curbline provides a wheel stop for vehicles, the parking space
may be paved 18 feet in length provided the additional two feet needed
for the parking space is available in an area overhanging the curb,
area. This overhang area shall not result in reducing any abutting
sidewalk area. Parking spaces shall be at least nine feet wide, except
spaces serving retail services shall be 10 feet wide. The spaces shall
be delineated by painted lines using "Long Life Epoxy Resin" with
glass beads per NJDOT Standard Specifications for Road and Bridge
Construction, 1996, Sections 618 and 912, as amended. The striping
shall be a hairpin design for parking space widths less than 10 feet.
Access aisle widths shall be in accordance with the following schedule.
The number of spaces and their dimensions designed and located to
serve the handicapped shall comply with State regulations. Said spaces
shall be designated and located to serve the handicapped shall comply
with State regulations. Said spaces shall be designated as parking
for the handicapped and shall be located so that access does not require
wheeling or walking behind parked cars.
Angle of Parking Space
|
One-Way Aisle
(feet)
|
Two-way Aisle
(feet)
|
---|
90°
|
24
|
24
|
60°
|
18
|
24
|
45°
|
15
|
24
|
30°
|
12
|
12
|
Parallel
|
12
|
24
|
(2)
Off-street loading spaces shall have 15 feet of vertical clearance
and be designed in accordance with the following schedule:
Loading Space
|
Apron/Aisle Length
|
---|
Length
(feet)
|
Width
(feet)
|
90°
(feet)
|
60°
(feet
|
---|
60
|
10
|
72
|
66
|
60
|
12
|
63
|
57
|
60
|
14
|
60
|
54
|
F. Drainage. All parking and loading areas shall have catch basins and
drainage facilities installed in accordance with good engineering
practices by the Borough Engineer and in accordance with the drainage
provisions of this ordinance. The surface of parking and loading areas
shall have a minimum slope of three-quarters of one percent (0.75%)
and a maximum slope of 8%. Where subbase conditions are wet, springy
or of such nature that surfacing would be inadvisable without first
treating the subbase, these areas shall be excavated to provide a
stable condition and backfilled with a suitable subbase material as
approved by the Borough Engineer. Where required by the Engineer,
a system of underdrain shall be constructed beneath the surface of
the paving and connected to a suitable drain. After the subbase material
has been properly placed and compacted, the parking area surfacing
material shall be applied.
G. Surfacing, as follows, shall be approved as part of the plan approval.
(1)
Areas of ingress and egress, loading and unloading areas, major
interior driveways, aisles and other areas likely to experience similar
heavy traffic shall be constructed with: (a) four inches of compacted
dense graded aggregate constructed in accordance with Section 301,
Soil Aggregate Base Coarse and Dense Graded Aggregate Base Coarse,
of the New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction (1989) and amendments thereto: (b)
with not less than five inches of compacted base course of plant-mixed
bituminous stabilized base course, NJDOT Mix I-1, constructed in layers
not more than three inches compacted thickness, or an equivalent,
and prepared and constructed in accordance with Section 304, Bituminous
Stabilized Base Coarse, Mix I-1 of the New Jersey Department of Transportation
Standard Specifications for Roads and Bridge Construction (1989) and
amendments thereto; and (c) a minimum two-inch (2) thick compacted
wearing surface of bituminous concrete surface coarse, NJDOT Mix I-5
or equivalent shall be constructed thereon in accordance with Section
404, Bituminous Concrete Surface Coarse, Mix I-5 of the New Jersey
Department of Transportation Standard Specifications for Roads and
Bridge Construction (1989) and amendments thereto.
(2)
Parking space areas and other areas likely to experience light
traffic shall be constructed with (a) four inches of compacted dense
graded aggregate constructed in accordance with Section 301, Soil
Aggregate Base Coarse and Dense Graded Aggregate Base Coarse, of the
New Jersey Department of Transportation Standard Specifications for
Road and Bridge Construction (1989) and amendments thereto and (b)
paved with not less than three inches of compact base course of plant-mixed
bituminous stabilized base course, NJDOT Mix I-1, or an equivalent,
prepared and constructed in accordance with Section 304, Bituminous
Stabilized Base Coarse of the New Jersey Department of Transportation
Standard Specifications for Roads and Bridge Construction (1989) and
amendments thereto. At least one and one-half (1.5) inches NJDOT Mix
I-5 surface of bituminous concrete surface coarse or equivalent shall
be constructed thereon in accordance with Section 404, Bituminous
Concrete Surface Coarse of the New Jersey Department of Transportation
Specifications and amendments thereto.
H. Landscaping in parking and loading areas shall be shown on the landscaping
plan as required in this Article.
I. Incidental uses. Unless otherwise approved on the site plan, no part
of a parking lot or loading area, including parking spaces, loading
spaces, driveways and/or aisles, may be used for incidental uses and
activities such as, but not limited to, booths, clothing or similar
drop-off areas, flea markets, or collection bins.
J. Minimum loading and trash recycling requirements. Adequate off-street loading and maneuvering space shall be provided for every use. The minimum number of spaces shall be based on the following schedule. The dimensions shall comply with Subsection
E of this section. Those uses not listed shall provide sufficient spaces as determined under site plan review:
(1)
All locations shall be designed to accommodate both side and
rear loading vehicles;
(2)
A minimum of one loading space per use, except that where more
than one use shall be located in one building or where multiple uses
are designed as part of a shopping center or similar self-contained
complex, the number of loading spaces shall be based on the cumulative
number of square feet within the building or complex, and shall be
dispersed throughout the site to best service the individual uses
and shall have site plan approval; and
(3)
There shall be a minimum of one location for recycling containers
separate from the parking and loading areas and located either within
or outside a building in steel-like, totally enclosed container(s)
located and screened to be obscured from view from parking areas,
streets and adjacent residential uses or zoning districts. Stockade
fencing for screening shall not be acceptable. If located within the
building, the doorway(s) may serve both the loading and trash/garbage
collection functions. If containers are used for trash/garbage collection
functions as well as the recycling requirements and these facilities
are located outside the building, they may be located adjacent to
or within the general loading area(s), provided that the containers
in no way interfere with or restrict the loading and unloading functions.
|
Minimum Loading Requirements
|
|
---|
|
Gross Floor Area
|
|
---|
Uses
|
Minimum Number of Loading Spaces
|
At Which First Berth is required
|
At Which Second Berth is required
|
Number of Additional Square Feet For Each Additional Berth
|
---|
Residential, church, school pool, firehouse, golf course, day-care
center, service station, movie theatre, car wash
|
-----No Spaces Required----
|
Auto/truck sales
|
1
|
10,000
|
40,000
|
40,000
|
Bowling alley
|
1
|
10,000
|
100,000
|
100,000
|
Contractor's yard
|
1
|
10,000
|
25,000
|
20,000
|
Financial institution
|
0
|
10,000
|
100,000
|
100,000
|
Lumberyard
|
1
|
10,000
|
25,000
|
20,000
|
Manufacturing assembly fabricating
|
1
|
5,000
|
40,000
|
30,000
|
Motel
|
1
|
10,000
|
100,000
|
100,000
|
Municipal building
|
0
|
10,000
|
100,000
|
100,000
|
Nightclub
|
1
|
10,000
|
25,000
|
20,000
|
Offices
|
1
|
10,000
|
100,000
|
100,000
|
Personal service
|
0
|
10,000
|
20,000
|
20,000
|
Research
|
1
|
5,000
|
40,000
|
40,000
|
Restaurant
|
1
|
10,000
|
10,000
|
10,000
|
Retail store
|
1
|
10,000
|
20,000
|
20,000
|
Shopping center
|
1
|
10,000
|
40,000
|
40,000
|
Veterinary hospital
|
1
|
10,000
|
100,000
|
100,000
|
Warehouse, shipping and receiving
|
1
|
5,000
|
40,000
|
30,000
|
Wholesale fuel distribution
|
1
|
10,000
|
40,000
|
30,000
|
(4)
The architectural design of the trash enclosure shall be compatible
with the architecture of the main structure, or facility, or surroundings.
K. Minimum parking requirements. The number of parking spaces for each
use shall be determined by either the amount of gross floor area as
defined in this section or such other measure as noted below. Where
a particular function contains more than one use, the total parking
requirements shall be the sum of the component parts. Where a use
operates its own vehicle(s), which vehicles(s) will be parked or stored
at the business, the parking or storing spaces required for the vehicle(s)
shall be in addition to the minimum of street parking and loading
requirements of the Article. Parking spaces dedicated as electric
vehicle charging stations shall not be counted in the total number
of required parking spaces and shall be in addition to the minimum
required parking spaces.
[Amended 9-15-2021 by Ord. No. 17-2021]
Use
|
Minimum Number of Spaces
(GFA=Gross Floor Area)
|
---|
Auto/truck sales
|
1 per 50 square feet of showroom area and sales office
|
Banquet hall
|
1 per 3 seats
|
Bowling alley
|
4 per alley
|
Car wash
|
8 per washing lane
|
Catering hall
|
1 per 3 seats
|
Church
|
1 per 5 seats
|
Day-care center
|
1 per 600 square feet
|
Drive-up window services
|
8 vehicles per lane with each lane designed to be separate from
other on-site circulation and parking areas.
|
Financial institution
|
1 per 250 square feet of GFA
|
Firehouse
|
1 per 400 square feet of GFA
|
Lumber and contractor's yard
|
1 per 5,000 square feet of GFA
|
Manufacture, assembly, fabrication
|
1 per 800 square feet of GFA, but not less
|
Medical facility
|
1/200 square feet of GFA, but not less than 3 spaces per examination/treatment
room.
|
Meeting halls
|
1 per 3 seats
|
Motel
|
1. 1 per unit
|
Movie theater
|
1 per 4 seats
|
Municipal building
|
1 per 600 square feet of GFA
|
Night club
|
1 per 3 seats
|
Offices
|
1 per 200 square feet of GFA
|
Personal service
|
1 per 150 square feet of GFA
|
Research
|
1 per 1,000 square feet of GFA
|
Residential units
|
|
Detached dwelling
|
2 (see Note 1)
|
Townhouse
|
2 per unit (see Note 2)
|
Restaurant
|
|
Sit down
|
1 per 3 seats
|
Take-out, no seats
|
1 per 40 square feet GFA
|
For window service (see "Drive-up window services") Combination
|
1 per 3 seats plus 1 per 40 square feet of floor area devoted
to customer waiting in front of the counter, the counter itself, and
the area for employee cooking and serving behind the counter.
|
Retail store (see also shopping center) Schools
|
1 per 200 square feet of GFA
|
Elementary school
|
1.2 per classroom; minimum 1 teacher and staff
|
Secondary school
|
2.5 per classroom; minimum 2 teachers and staff
|
Senior Citizen
|
|
Developments (age 62+)
|
|
Detached dwelling
|
2 (See Note 1)
|
Structure with 2 dwelling units
|
4 (See Note 1)
|
Townhouse
|
1.5 per unit (See Note 2)
|
Garden apartments
|
1.25 per unit (See Note 2)
|
Service station
|
4 per bay and work area plus one space per 300 square feet of
GFA devoted to a convenience store, said spaces being separate from
the service station lanes and service areas.
|
Shopping center (See Note 3)
|
4.0/1,000 with GFA<400,000 sf. 4.5/1,000 with GFA 400,000
- 600,000 sf. 5.0/1,000 with GFA 600,000+
|
Veterinary hospital
|
4 per examination room or doctor, whichever is greater
|
Warehouse, shipping and receiving
|
1 per 1,000 square feet of GFA
|
Wholesale fuel distribution
|
1 per 10,000 square feet of GFA
|
NOTE 1: The last 25 feet of the driveway closest to the building
shall be at least 18 feet wide to allow side-by-side parking.
|
NOTE 2: At least 0.5 space per unit shall be provided for guest
parking in scattered parking areas reasonably distributed throughout
the development. Where the parking is in assigned spaces (such as
garages and driveways) and where one space blocks another (such as
a driveway space blocking the space in the garage), each assigned
and/or blocked space shall require an additional 0.25 space above
the minimum of two spaces per dwelling unit.
|
NOTE 3: Maximum 20% of gross floor area can be office use without
additional parking for the office use. Office use above 20% shall
require parking at the appropriate rate.
|
L. Location of parking and loading areas.
(1)
No off-street loading and maneuvering areas shall be located
in any front yard.
(2)
Loading spaces shall be located on the same lot as the use being
served, may abut the building being served rather than requiring a
setback from the building and shall be located to directly service
the building for which the space is being provided.
(3)
No loading and parking spaces shall be located in any required
buffer area.
(4)
Off-street parking spaces shall be located on the same lot as
the use being served. Parking for office buildings (other than offices
in shopping centers) may have parking located in the front yards limited
to not more than 20% of the total number of spaces required.
(5)
Parking spaces located to service apartment units shall be on
the same site and within 150 feet of the entrance of the building
being served. For commercial/industrial uses, the parking shall be
within 300 feet of the entrance of the building being served.
(6)
No parking shall be permitted in fire lanes, aisles, sidewalks
or turning areas in parking lots for more than six vehicles and in
all loading areas.
(7)
Parking spaces for shopping centers may be located in any yard.
Parking spaces for residential uses may be located in any yard as
designated for individual structures within a complex.
(8)
No area located within any street line shall be computed in
determining off-street parking requirements. Driveway area may be
used to compute the required spaces only when individual driveways
are provided as access to each dwelling. All parking compounds serving
more than two dwelling units shall have marked parking spaces.
No parking for single-family units shall be allowed between
the street line and the setback line, except in a driveway.
(9)
Shopping cart storage. If any use permits shopping carts to
be taken from the confines of the store building, storage areas for
such carts shall be provided at convenient locations in the parking
area.
A. Electricity. Electronic equipment shall be shielded so there is no
interference with any radio or television reception beyond the operator's
property as the result of the operation of such equipment.
B. Glare. No use shall direct or reflect a steady or flashing light
beyond its lot lines. Exterior lighting and lighting resulting from
any manufacturing or assembly operations shall be shielded, buffered
and directed as approved on the site plan so that any glare, direct
light, flashes or reflection will not interfere with the normal use
of nearby properties, dwelling units and streets.
C. Air, water and environmental pollution. No use shall emit heat, odor,
vibrations, noise or any other pollutant into the ground, water or
air that exceeds the most stringent applicable state and federal regulations.
No construction permit, zoning permit or certificate of occupancy
shall be issued for any use until a state permit has been issued.
In instances where a state permit is required in order to ascertain
and approve the level of emission, quality of emission, type and quality
of emission control and such other state regulations govern the emission
of pollutants into the ground, water or air.
D. Storage and waste disposal. No materials or wastes shall be deposited
upon a lot in such form or manner that they can be transferred off
the lot, directly or indirectly, by natural forces such as precipitation,
surface water, evaporation or wind. All materials or wastes which
might create a pollutant, be a safety hazard or be a health hazard
shall be stored indoors and/or be enclosed in appropriate containers
to eliminate such pollutant or hazard. No flammable or explosive substance
shall be stored on a property except under conditions approved by
the Fire Department.
E. Location of flammable liquids. No flammable liquids stored in quantity
of 100 gallons or more for ultimate resale shall be located within
1,000 feet of another comparable storage, as measured from building
to building.
F. Any use which handles chemical, corrosive, toxic and/or hazardous
materials shall be permitted only where such materials are incidental
supplies and not the primary use. High hazard uses described as use
Group H in Section 306 of the BOCA National Building Code, as amended,
shall not be located to be contiguous to (share a wall, floor, or
ceiling with) other rooms in the building used either by other tenants
of the building, or other rooms of the same tenant where the other
rooms are occupied by concentrations of people. After review of the
Environmental Impact Report on the type, quantity and disposal of
the materials, including how the materials will be stored and/or shipped,
and such other data as required as part of the Environmental Impact
Report, the approving authority may either approve the plan, require
such modifications necessary to overcome the problems, or disapprove
the plan. If the plan is approved, methods for monitoring the agreed
upon methods of handling, storing, shipping and disposal of the chemical,
corrosive, toxic and/or hazardous materials may be a condition of
approval. In the event of violation(s) of the condition(s) of approval
related to chemical, corrosive, toxic and/or hazardous materials,
the approving authority may stipulate in its approving resolution
that the approval shall be void until corrective action is taken.
All public services shall be connected to an approved public
utilities system where one exists.
A. The applicant shall arrange with the servicing utility for the underground
installation of the utility's distribution supply lines and service
connections in accordance with the provisions of the applicable standard
terms and conditions incorporated as part of its tariff as the same
are then on file with the State of New Jersey Board of Public Utility
Commissioners.
B. The applicant shall submit to the approving authority prior to the
granting of final approval, a written instrument from each serving
utility which shall evidence full compliance or intended full compliance
with the provisions of this section; provided, however, that lots
which abut existing streets where overhead electric or telephone distribution
supply lines and service connections have heretofore been installed
may be supplied with electric and telephone service from those overhead
lines, but the service connections from the utility's overhead lines
shall be installed underground. In the case of existing overhead utilities,
should a road widening, or an extension of service, or other such
condition occur as a result of the development and necessitate the
replacement, relocation or extensions of such utilities, such replacements,
relocation or extension shall be underground.
C. Where natural foliage is not sufficient to provide year-round screening
of any utility apparatus appearing above the surface of the ground,
other than utility poles, the applicant shall provide sufficient live
screening to conceal such apparatus year-round.
D. On any lot where by reason of soil conditions, wooded areas or other
special conditions of land the applicant deems it a hardship to comply
with the provisions of this section, the applicant may apply to the
approving authority for an exception from the terms of this section.
Where overhead lines are permitted as the exception, the alignments
and pole locations shall be carefully routed to avoid locations along
horizons, avoid the clearing of swaths through treed areas by selective
cutting and a staggered alignment, by planting trees in open areas
at key locations to minimize the views of the poles and alignments,
by following rear lot lines and other interior locations, and similar
design and location considerations to lessen the visual impact of
overhead lines.
E. Any installation under this section to be performed by a servicing
utility shall be exempt from requiring performance guaranties, but
shall be subject to inspection and certification by the Borough Engineer.
F. The location of utility installation and uses permitted in each zoning
district shall be subject to the public utility filing a site plan
and/or subdivision indicating the location and use of all existing
and proposed structures and indicating the facility will not create
a danger to the public safety. The plan shall be reviewed and considered
for approval in accordance with the applicable subdivision and site
plan provisions of this chapter.
G. The distance between electric transmission lines and residences,
schools and places of employment shall be at least 200 feet. For the
purpose of this section, "electric transmission lines" shall be distribution
lines making up the power companies' grid system that connects generating
stations, substations and similar facilities with each other, but
does not include the small local service lines into neighborhoods
and the service connections to individual customers. In the event
the power company or applicant can provide expert testimony that clearly
established an absence of any threat to the public health or safety
from electric and magnetic fields, then a lesser setback can be approved;
otherwise the minimum setback of 200 feet shall be used as a means
of minimizing any effect of the electric and magnet fields generated
by these lines.
In order to provide for the general welfare, as part of any
residential development where a major subdivision is proposed, the
applicant shall make a payment to the borough for recreation purposes
in lieu of providing the on-site facilities.
A. Payments in lieu of improvements shall be deposited in a dedicated
trust fund and may be commingled with other deposits and/or municipal
appropriations. The proceeds of the trust fund shall be used for the
sole purpose of capital improvement projects for park and/or recreational
purposes.
B. It shall be a condition of the preliminary plat approval that the
funds shall be deposited with the borough after final approval, but
prior to issuing the first zoning permit.
C. The payment shall be $1,000 per dwelling unit.
A. In any development of nonresidential uses and in any development
containing multi-family dwellings, there shall be either an indoor
or outdoor area for the collection and storage of trash and garbage.
The dimensions of this area shall be sufficient to accommodate recycling
bins or containers of such adequate size and number as to be consistent
with the anticipated usage and the methods of collection in the borough.
B. The recycling area shall be conveniently located for the employees
and/or residents of the development to separate and deposit recyclable
materials as applicable. Each site should be near, but clearly identified
and separated from, the area intended for the collection of solid
waste in an effort to allow employees and/or residents to deposit
all materials in a single trip.
C. The collection areas shall be well lit for the convenience and safety
of employees and residents. The area shall be designed so that they
are sized to accommodate collection vehicles and be located to be
easily accessible by personnel and vehicles. Collection vehicles shall
be able to access collection areas without interference from parked
vehicles or other obstacles. Reasonable measures shall be taken to
protect against theft of the recycling materials or theft of the bins
and containers.
D. The trash/garbage container shall be a steel-like, totally enclosed
container, surrounded by three masonry walls with bollard protections
and a gate constructed of steel-like fencing material, located in
a manner to be obscured from view from parking areas, streets and
adjacent residential uses or zoning districts by a fence, wall, plantings
or a combination of the three. If located within the building, the
doorway may serve both the loading and trash/garbage functions, and,
if located outside the building, may be located adjacent to or within
the general loading area or areas, provided that the container in
no way interferes with or restricts loading and unloading functions.
Sidewalks shall be required in all developments. Sidewalks shall
be installed along all street frontages in all yards of a development.
All sidewalks in off-street parking areas shall maintain a minimum
clear walkway of four feet. All sidewalks with parking perpendicular
to the sidewalk shall be increased by a minimum of two feet per adjacent
parking area for bumper overhang. Sidewalks shall be at least four
inches thick, except at points of vehicular crossing where they shall
be at least six inches thick. The concrete shall have 28 day compressive
strength or 4,000 pounds per square inch, except at ramps and driveway
crossings it shall be 4,500 pounds per square inch. All concrete shall
be air-entrained. Where sidewalks cross curbs, curb ramps shall be
provided as set forth in the section of this Article entitled "Curbs
and Gutters".
A. Sight triangles shall be required at each quadrant of an intersection
of streets, and streets and driveways. The area within sight triangles
shall be either dedicated as part of the street right-of-way or maintained
as part of the lot adjoining the street and set aside on any subdivision
or site plan as a sight triangle easement. Within a sight triangle,
no grading, planting, fence or structure shall be erected or maintained
more than 30 inches above the street center line or lower than eight
feet above the street centerline, except for street name signs or
official traffic regulation signs. Where any street or driveway intersection
involves earth banks or vegetation, including trees, the applicant
shall trim such vegetation and trees as well as establish proper excavation
and grading to provide the sight triangle. Any proposed development
requiring site plan approval shall provide sight triangle easements
at each driveway. A sight triangle easement dedication shall be expressed
on the plat as follows: "Sight triangle easement subject to grading,
planting and construction restrictions as provided for in the Borough
of Woodbury Heights' Land Development Ordinance." Portions of a lot
set aside for the sight triangle may be calculated in determining
the lot area and may be included in establishing the minimum setbacks
required by the zoning provisions.
B. The sight triangle shall be the area bounded by the right-of-way
lines (or the edge of pavement in the case of driveways) and a straight
line connecting sight points on street centerlines as follows:
(1)
From a point on the centerline of the minor (stop control) road/driveway
at least 10 feet back from the right-of-way line of the major (through)
roadway, but not less than 20 feet from the curbline of edge of pavement
of the major (through) roadway.
(2)
From the intersection of the centerlines measured along the
major (through) roadway centerline following distances:
Maximum Operating Speed
|
Minimum Sight Distance
|
---|
20 mph
|
165 ft.
|
30 mph
|
253 ft.
|
40 mph
|
407 ft.
|
50 mph
|
572 ft.
|
60 mph
|
720 ft.
|
All developments shall incorporate soil erosion and sediment
control programs phased according to the scheduled progress of the
development, including anticipated starting and completion date.
A. Date required. The applicant shall submit a natural resources plan
which shall clearly establish the means for controlling soil erosion
and sedimentation for each site, or portion of a site when developed
in phases. The soil erosion and sediment control measures shall have
the approval of the Soil Conservation Service pursuant to the Soil
Erosion and Sediment Control Act (C. 251, P.L. 1975).
B. General design principles. Control measures shall apply to all aspects
of the proposed land disturbance and shall be in operation during
all phases of the disturbance activity. The following principles shall
apply to the soil erosion and sediment control plan:
(1)
Stripping of vegetation, grading or other soil disturbance shall
be done in a manner which will minimize soil erosion. The removal
of topsoil from the site shall be prohibited;
(2)
Whenever feasible, natural vegetation shall be retained and
protected;
(3)
The extent of the disturbed area and the duration of its exposure
shall be kept within practical limits;
(4)
Either temporary seeding, mulching or other suitable stabilization
measures shall be used to protect exposed critical areas during construction
or other land disturbance;
(5)
Drainage provisions shall accommodate increased runoff resulting
from modified soil and surface conditions during and after development
or land disturbance;
(6)
Water runoff shall be minimized and retained on site wherever
possible to facilitate groundwater recharge;
(7)
Sediment shall be retained on site;
(8)
Diversions, sediment basins and similar required structures
shall be installed prior to any on-site grading or land disturbance;
(9)
All storm water runoff discharged from the project site shall
conform to the water quality requirements set forth by NJDEP and U.S.
Soil Conservation Service; and
(10)
Prior to construction, the applicant shall present copies of
all permits pertaining to soil erosion control and storm water discharge
to the approving authority.
C. Maintenance. All necessary erosion and sediment control measures
installed under these provisions shall be adequately maintained for
one year after completion of the approved plan or until such measures
are permanently stabilized as approved by the Borough Engineer. The
Engineer shall give the applicant, upon the applicant's request to
the governing body (which request shall then be referred by the governing
body to the Engineer), certification of this approval.
D. Soil erosion prevention plan. Each tract shall have a soil erosion
prevention plan to accompany the preliminary plat which shall show
temporary sedimentation basin(s) through which storm water will be
directed during periods of construction. The plan shall show existing
contours, temporary contours, temporary ditching and final contours.
In addition, the plan shall outline general construction phases to
illustrate what portion(s) of the site will be unprotected at various
phases, the maximum amount of land to be exposed at various phases,
the availability and use of water trucks to prevent dust and erosion
by wind, areas where topsoil will be stockpiled during construction
period(s), the area where it will be redistributed after completion
of the applicable phase of construction, the methods of seeding the
topsoil while it is stockpiled and again after its redistribution,
and a plan of progressing toward completion of the entire project
that shall outline how and at what phases and approximate times the
previously exposed areas will be final graded and seeded or paved,
or by some other means have the soil stabilized prior to completion
of the entire project so that permanent soil erosion prevention methods
will be employed at the earliest possible time.
A. Street lighting shall be required. Streetlight heights, design and
intensity shall be approved by the approving authority and the Borough
Engineer. Streetlights shall be installed at street intersections
and elsewhere as deemed necessary by the approving authority. The
applicant shall provide for the installation of underground service
for street lights.
B. Streetlights must be installed at the time the underground utilities
are installed and shall be in working order before completion of the
base course of the street.
A. All developments shall be served by paved streets with an all-weather
base and pavement with an adequate crown. No access to a public street
shall be created without first obtaining a road opening permit and
paying the applicable fees set forth on the road opening permit. The
arrangement of streets not shown on the Master Plan or Official Map
shall be such as to provide for the appropriate extension of existing
streets, conform to the topography as far as practicable and allow
for continued extension into adjoining undeveloped tracts.
B. When a development adjoins land capable of being developed or subdivided
further, suitable provisions shall be made for optimum access from
the adjoining tract to existing or proposed streets.
C. Local streets shall be designed to discourage through traffic.
D. In all residential zones, development bounded by any arterial or
collector street shall control access to said streets by having all
driveways intersect minor streets. Where the size, shape, location
or some other unique circumstance may dictate no other alternative
than to have a driveway enter an arterial or collector street, the
lot shall provide on-site turnaround facilities so it is not necessary
to back any vehicle onto an arterial or collector street, and abutting
lots shall share a common access drive. All lots requiring reverse
frontage shall have an additional 25 feet of depth to allow for the
establishment of buffers, unless such buffers are established in a
reserve strip controlled by the borough or county.
E. In all developments the minimum street right-of-way shall be measured
from lot line to lot line and shall be in accordance with the following
schedule, but in no case shall a new street that is a continuation
of an existing street be continued at a width less than the existing
street although a greater width may be required in accordance with
the following schedule. Where any arterial or collector street intersects
another arterial or collector street, the right-of-way or cartway
requirements shall be increased by 10 feet on the right side of the
street(s) approaching the intersection for a distance of 300 feet
from the intersection of the centerlines.
Street Classification
|
Right-of-Way Width
(feet)
|
Width Between Curbs
(feet)
|
---|
Arterial
|
80
|
60
|
Collector
|
60
|
40
|
Primary local
|
56
|
34
|
Secondary local
|
50
|
32
|
F. No development showing reserve strips controlling access to streets
or other areas, either developed or undeveloped, shall be approved
except where the control and disposal of land comprising such strips
has been given to the governing body.
G. In the event that a development adjoins or includes existing borough
streets that do not conform to widths as shown on either the Master
Plan or Official Map or to the street width requirements of this Article,
additional land along both sides of said street sufficient to conform
to the right-of-way requirements shall be anticipated in the subdivision
design by creating oversized lots to accommodate the widening at some
future date. The additional widening may be offered to the borough
for the location, installation, repair and maintenance of streets,
drainage facilities, utilities and other facilities customarily located
on street rights-of way and shall be expressed on the plat as follows:
"Street right-of-way easement granted to the Borough of Woodbury Heights
permitting the borough to enter upon these lands for the purposes
provided for and expressed in the Land Development Ordinance of the
Borough of Woodbury Heights." This statement on an approved plat shall
in no way reduce the subdivider's responsibility to provide, install,
repair or maintain any facilities installed in this area dedicated
by ordinance or as shown on the plat or as provided for by any maintenance
or performance guaranties. If the subdivision is along one side only,
1/2 of the required extra width shall be anticipated.
H. Longitudinal grades on all local streets shall not exceed 10%, or
4% on arterial and collector streets. No street shall have a longitude
grade of less than one-half of one percent (1/2 of 1%). Maximum grades
within intersections shall be 4%. The slope of the cartway from the
center line to the curbline or edge of the paving shall be 2%. (This
may be reduced to one and one-half percent (1.5%) for interior lanes.]
I. Intersecting street centerlines shall be as nearly at right angles
as possible and in no case shall they be less than seventy-five degrees
(75°) at the point of intersection. The curblines shall be parallel
to the centerline. Approaches to all intersections shall follow a
straight line for at least 100 feet, measured from the curbline to
the intersecting street to the beginning of the curve. No more than
two street centerlines shall meet or intersect at any one point. Streets
intersecting another street from opposite sides shall not offset unless,
measuring from the point of intersection of the street centerlines,
the two intersections shall be spaced a sufficient distance to permit
a minimum of two lot depths between the two street rights-of-way,
but not less than 250 feet between rights-of-way. Any development
abutting an existing street which is classified as an arterial or
collector street shall be permitted not more than one new street every
800 feet of the same side of the street within the boundaries of the
tract being subdivided. In the spacing of streets, consideration will
be given to the location of existing intersections on both sides of
the development. Intersections shall be rounded at the curbline, with
the street having the highest radius requirement as follows determining
the minimum standard for all curblines: arterial at 40 feet, collector
at 30 feet and local streets at 20 feet. No local streets shall be
part of a four-way intersection.
J. Sight triangles shall be provided as required in the section entitled
"Sight triangles".
K. A tangent at least 200 feet long shall be introduced between reverse
curbs on arterial and collector streets. When connecting street lines
deflect in any direction, they shall be connected by a curb with a
radius conforming to standard engineering practice so that the minimum
sight distance with the curbline shall be 160 feet for a local street,
300 feet for a collector street and 550 feet for an arterial street.
L. All changes in grade where the difference in grade is 1% or greater
shall be connected by a vertical curve having a length of at least
50 feet for each 2% difference in grade, or portion thereof, and providing
minimum sight distances of 160 feet for a local street, (300) feet
for a collector street and 550 feet for an arterial street. Intersections
shall be designed with as flat a grade as practical with the advice
of the Borough Engineer.
M. Where dead-end (cul-de-sac) streets are utilized, they shall conform
to the following standards:
(1)
Dead-end streets of a permanent nature (where provisions for
the future extension of the street to the boundary of the adjoining
property is impractical or impossible) or of a temporary nature (where
provision is made for the future extension of the street to the boundary
line of adjoining property) shall provide a turnaround at the end
with a right-of-way radius of not less than 50 feet and a cartway
radius of not less than 40 feet. The center point for the radius shall
be on the center line of the associated street or, if offset to a
point where the cartway radius also becomes a tangent, to one of the
curblines of the associated street.
(2)
If a dead-end street is of temporary nature, provisions shall
be made for removal of the turnaround and reversion of the excess
right-of-way to the adjoining properties as off-tract responsibility
of the applicant creating the street extension when the street is
extended.
(3)
A dead-end street shall serve no more than 14 lots and shall
not exceed 800 feet in length, whichever results in a shorter street.
N. No street shall have a name which will duplicate or so nearly duplicate
in spelling or phonetic sound the names of existing streets so as
to be confusing therewith.
The continuation of an existing street shall have the same name.
The names of new streets shall be a determination of and be approved
by the approving authority.
O. Streets shall be constructed in accordance with the following standards
and specifications; or equivalent:
(1)
Arterial Streets
(a)
Dense graded aggregate, six inch thickness. Recycled concrete
will not be acceptable as a dense graded aggregate due to the poor
drainage characteristics.
(b)
Bituminous Stabilized Base Coarse NJDOT Mix I-1, five inch thickness.
(c)
Bituminous Concrete Surface Coarse, NJDOT Mix I-5, two inch
thickness.
(2)
Collector Streets
(a)
Dense graded aggregate, six inch thickness. Recycled concrete
will not be acceptable as a dense graded aggregate due to the poor
drainage characteristics.
(b)
Bituminous Stabilized Base Coarse, NJDOT Mix I-1, four inch
thickness.
(c)
Bituminous Concrete Surface Coarse, NJDOT Mix I-5, two inch
thickness.
(3)
Subcollector and local streets
(a)
Dense graded aggregate, six inch thickness. Recycled concrete
will not be acceptable as a dense graded aggregate due to the poor
drainage characteristics.
(b)
Bituminous Stabilized Base Coarse, NJDOT Mix I-1, three inch
thickness.
(c)
Bituminous Concrete Surface Coarse, NJDOT Mix I-5, two inch
thickness.
P. Where subbase conditions are wet, springy or of such nature that
surfacing would be inadvisable without first treating the subbase,
these areas shall be excavated to a depth of at least 12 inches below
the proposed subgrade and filled with a suitable material such as
sand, gravel or stone as determined by the Borough Engineer. Where
required by the Engineer, a system of Type F under drains shall be
constructed beneath the surface of the paving and connected to a suitable
drain. After the subbase material has been properly placed and compacted,
the surfacing material shall be applied.
Q. Striping and other painting done in a street shall be done with "Long
Life Epoxy Resin" with glass reflecting beads in accordance with NJDOT
Standard Specifications for Road and Bridge Construction, 1996, Sections
618 and 912, as amended.
Street signs shall be metal on metal posts of the type, design
and standard required in the Street Ordinance or, if there is no Street
Ordinance in effect at the time, then as approved by the approving
authority on advice of the Borough Engineer. The location of the street
signs shall be determined by the Engineer and there shall be at least
two street signs furnished at each four-way intersection and one street
sign at each T-intersection. All signs shall be installed free of
visual obstruction.
No open space provided around any principal building for the
purpose of complying with front, side or rear yard provisions shall
be considered as providing the yard provisions of another principal
building. On a lot which extends through a block in a manner resulting
in frontage on two or more streets, including corner lots, the building
setback from each street shall not be less than the required front
yard.
A. Where water is accessible from the servicing utility, the applicant
shall arrange for the construction of water mains in such a manner
as to make adequate water service available to each lot, dwelling
unit or use within the development. The entire system shall be designed
in accordance with the requirements and standards of the Borough of
Woodbury Heights Water and Sewer Department regulations, and any county
and/or state agency having approval authority, and shall be subject
to those approvals. The system shall also be designed with adequate
capacity and sustained pressure for present and probable future development.
B. Where public water is not available, a potable water supply shall
be provided to each lot on an individual well basis. Such wells shall
be designed in accordance with the requirements and standards of the
borough and/or state agency having jurisdiction and shall protect
the water supply by complying with the New Jersey Well Head Protection
Program Plan as a means of complying with the Federal Safe Drinking
Water Act.
C. Where water distribution systems are installed outside streets, easements
or rights-of-way shall be required in accordance with the section
entitled "Easements."
[Added 4-20-11 by Ord. No. 11-2011]
A. Purpose. The purpose of this section is to require dumpsters and
other refuse containers that are outdoors or exposed to stormwater
to be covered at all times and prohibits the spilling, dumping, leaking,
or otherwise discharge of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Borough of Woodbury Heights and/or the waters of the state
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
B. Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains) that is owned or operated
by the Borough of Woodbury Heights or other public body, and is designed
and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
REFUSE CONTAINER
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
STORMWATER
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies
of surface or groundwater, whether natural or artificial, within the
boundaries of the State of New Jersey or subject to its jurisdiction.
C. Prohibited conduct. Any person who controls, whether owned, leased,
or operated, a refuse container or dumpster must ensure that such
container or dumpster is covered at all times and shall prevent refuse
from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Woodbury
Heights.
D. Exceptions to prohibition.
(1)
Permitted temporary demolition containers.
(2)
Litter receptacles (other than dumpsters or other bulk containers).
(3)
Individual homeowner trash and recycling containers.
(4)
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
(5)
Large bulky items (e.g., furniture, bound carpet and padding,
white goods placed curbside for pickup).
E. Enforcement. This section shall be enforced by the Police Department
and/or other Code Enforcement Officials of the Borough of Woodbury
Heights.
F. Penalties. Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,000.
[Added 4-20-11 by Ord. No. 11-2011]
A. Purpose. The purpose of this section is to require the retrofitting
of existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Borough
of Woodbury Heights so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
B. Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains) that is owned or operated
by the Borough of Woodbury Heights or other public body, and is designed
and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
STORM DRAIN INLET
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies
of surface or groundwater, whether natural or artificial, within the
boundaries of the State of New Jersey or subject to its jurisdiction.
C. Prohibited conduct. No person in control of private property (except
a residential lot with one single- family house) shall authorize the
repaving, repairing (excluding the repair of individual potholes),
resurfacing (including top coating or chip sealing with asphalt emulsion
or a thin base of hot bitumen), reconstructing or altering any surface
that is in direct contact with an existing storm drain inlet on that
property unless the storm drain inlet either:
(1)
Already meets the design standard below to control passage of
solid and floatable materials; or
(2)
Is retrofitted or replaced to meet the standard in Subsection
D below prior to the completion of the project.
D. Design standard. Storm drain inlets identified in Subsection
C above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection
D(3) below.
(1)
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines (April
1996); or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than seven (7.0) square inches, or is no greater
than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
(2)
Whenever design engineers use a curb-opening inlet, the clear
space in that curb opening (or each individual clear space, if the
curb opening has two or more clear spaces) shall have an area of no
more than seven (7.0) square inches, or be no greater than two (2.0)
inches across the smallest dimension.
(3)
This standard does not apply:
(a)
Where the Municipal Engineer agrees that this standard would
cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets that
meet these standards;
(b)
Where flows are conveyed through
any device (e.g., end of pipe netting facility, manufactured treatment
device, or a catch basin hood) that is designed, at a minimum, to
prevent delivery of all solid and floatable materials that could not
pass through one of the following:
(i) A rectangular space four and five-eighths (4 5/8) inches long
and one and one-half (1 1/2) inches wide (this option does not
apply for outfall netting facilities); or
(ii)
A bar screen having a bar spacing of 0.5 inch.
(c)
Where flows are conveyed through a trash rack that has parallel
bars with one inch spacing between the bars; or
(d)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
E. Enforcement. This section shall be enforced by the Police Department
and/or Municipal Code Enforcement Officials of the Borough of Woodbury
Heights.
F. Penalties. Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,000 for
each storm drain inlet that is not retrofitted to meet the design
standard.
[Added 3-16-2022 by Ord.
No. 3-2022]
A. Review and approval of grading plan required.
(1)
A building permit shall not be issued until a grading plan has
been reviewed and approved by the Borough Engineer in accordance with
the provisions of this chapter.
B. Applicability.
(1)
The requirements set forth herein shall apply for the development
of all lots within the Borough of Woodbury Heights, whether for individual
or commercial purposes, or when there is an application for development
before a development review Board of the Borough. Expressly excluded
from the requirements set forth herein is the construction of proposed
additions and/or buildings, having at grade or floor level, a total
of 600 square feet or less.
C. Grading plan requirements.
(1)
The developer of a tract of land in the Borough must provide
a grading plan for each lot proposed to be developed. The grading
plans shall contain all the information required below in the grading
plan checklist, which shall be made available to all applicants in
the form that follows. The developer must submit a completed grading
plan checklist with the application for development.
D. Grading plan checklist. The following shall be the grading plan checklist.
The applicant must complete this checklist and supply the required
information.
GRADING PLAN CHECKLIST
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1.
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Title block indicating the address of the site, lot and block
numbers, name and address of the applicant and the title "grading
plan."
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2.
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The plan must be signed and sealed (embossed) by a professional
land surveyor, and professional engineer or architect licensed in
the State of New Jersey.
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3.
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The plan must be legibly drawn at a minimum scale of one inch
equals 30 feet, indicate a north arrow and refer to the vertical datum
on NJ State plane system.
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4.
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The plan must indicate all property lines, easements, deed restrictions
and required setback lines. All property lines must indicate bearing
and dimensions, and the width of all easements must be shown on the
plans.
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5.
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The distances between all existing and proposed structures and
adjoining property lines must be indicated on the plan.
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6.
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The plan must indicate the right-of-way and cartway widths of
all adjoining streets as well as the location of all existing and
proposed curbs, sidewalks and driveway aprons along the entire frontage
of the subject property.
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7.
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The plan must indicate existing and proposed contours at one-foot
intervals over the entire lot areas to be disturbed and 50 feet beyond
the limit of grading. Spot elevations and inverts should also be provided
at all inlets, catch basins, outfalls, culverts, and other hydraulic
structures.
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8.
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The plan must indicate existing and proposed spot elevations
at all building and property corners.
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9.
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The plan must indicate existing topography 50 feet beyond all
property lines and spot elevations for all adjacent building corners.
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10.
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The plan must also indicate the location and dimensions for
all structures and site improvements, including, but not limited to,
the following: buildings, sheds, decks, swimming pools, fences, fence
type, drainage facilities, and information relating to any detention
or retention facilities relating to this paragraph.
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11.
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The plan must indicate all flood hazard, wetlands, and wetland
buffer lines and floodplains.
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Additional requirements for grading plans for new structures
and additions.
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12.
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The plan must indicate the first floor and basement elevations
for all proposed structures. Spot elevations for all building corners
must be indicated. If a basement is planned, soil boring(s) will be
necessary to provide information relating to soil types, and the depth-to-seasonal
high-water table, and such other information as may be necessary for
construction in accordance with the NJ Uniform Construction Code.
All basement and crawl space, shall be a minimum of one foot above
seasonal high with table elevation.
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13.
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The plan must indicate the location of all proposed utility
services, including vents and cleanouts.
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E. Grading standards. The grading plan must conform to the following
standards.
(1)
All grading shall be done in such a way as to not result in
any adverse effects to adjacent properties. The plan shall not increase
the amount of water, which drains onto adjoining lots. For properties
where a drainage problem already exists, the drainage plan shall reduce
the impact on adjoining tracts to the greatest extent possible by
causing the surface water to drain to nearby streets, into approved
drainage facilities or into other accepted devices. All lots shall
be graded to direct surface water runoff away from structures and
toward the frontage road and/or a defined drainage paths, stone water
system.
(2)
All lots where fill material is deposited shall have clean fill
and/or topsoil deposited, which shall be graded to allow positive
drainage away from all buildings and complete surface draining of
the lot into local storm sewer systems or natural drainage courses.
No regrading of a lot shall be permitted which would create or aggravate
water stagnation or a drainage problem on the site or on adjacent
properties; or which will result in any top soil or subsoil removal
from the site or from the Borough; or which will violate the provisions
of the soil erosion and sediment control soil removal and redistribution,
and flood hazard provisions of this chapter. Grading shall be limited
to areas shown on an approved grading plan, site plan or subdivision.
Any topsoil disturbed during approved excavation and grading operations
shall be redistributed throughout the site.
(3)
Lawn areas shall be sloped away from the buildings and structures
at a minimum of 5% for the first 10 feet from a foundation wall. A
minimum slope of 1.5% should be maintained in all other lawn areas.
A minimum slope of 2% shall be maintained for all swales. Swales are
normally placed at the edge of both lots so that water will flow from
the back of the house to the curb. Water also may be directed to flow
on neighboring lots where easements are applicable to the curb or
to the source where the water will be discharged.
(4)
All slopes shall be no greater than 3:1.
(5)
Driveway grades shall not exceed 10%.
(6)
No grading shall occur within five feet of a property line unless
necessary to direct drainage off the site and into acceptable drainage
facilities in accordance with these standards. When an applicant proposes
to grade over an adjoining property line, written permission/agreement
from the adjoining property owner must be obtained and a waiver from
the minimum requirements must be obtained from the Borough Engineer.
Where an applicant proposes to grade over an adjoining property line,
written permission in the form of an agreement for easement shall
be recorded in the Gloucester County Clerk's office, from the adjoining
property or developer, and a copy shall be filed with the Construction
Office of the Borough of Woodbury Heights, and the Planning or Zoning
Board of the Borough of Woodbury Heights where a subdivision or a
variance shall have been approved. The document between the parties
must be notarized in order to file and record. (The office of the
County Clerk acts as a registrar of deeds and all other recorded documents,
and the right to grade on an adjoining property, becomes an easement
or right against the adjoining property).
(7)
The top of any excavation of slope shall be no closer than five feet to an adjoining property and shall not direct water runoff to the adjoining property unless an agreement shall have been provided and recorded as indicated under Subsection
E.
(8)
If a retaining wall is proposed, construction details must be
provided. In cases where a retaining wall is higher than 30 inches,
calculations prepared by a licensed professional engineer must be
submitted certifying the stability of the structure.
(9)
A grading plan is also required for all projects with subdivisions
and site plan approval, prior to receiving a building permit. The
plan shall show all existing and proposed contours at one-foot contour
intervals. Either the footing or top-of-foundation elevations shall
be shown consistent with the grading plan for the site and for each
building, or the plan shall include a general note that top-of-foundation
and other required elevations shall be provided as part of the request
for construction permit with the elevations being consistent with
the approved development plan and other design requirements, such
as, but not limited to, driveway slopes.
(10)
All lots where fill material is deposited shall have clean fill
and/or topsoil deposited, which shall be graded to allow positive
drainage away from all buildings and complete surface draining of
the lot into local storm sewer systems or natural drainage courses.
No regrading of a lot shall be permitted which would create or aggravate
water stagnation or a drainage problem on the site or on adjacent
properties; or which will result in any topsoil or subsoil removal
from the site or from the Borough; or which will violate the provisions
of the soil erosion and sediment control, soil removal and redistribution,
and flood plain provisions of this chapter. Grading shall be limited
to areas shown on an approved site plan or subdivision. Any topsoil
disturbed during approved excavation and grading operations shall
be redistributed throughout the site.
F. Approval procedures.
(1)
The Borough's Planning and Zoning Boards are designated to receive,
review and determine subdivision/site plans, for purposes of establishing
drainage and other issues relating to applications for development.
Grading is a part of a subdivision or site plan application. In the
event any grading plan submitted under this chapter has not been approved
by the Planning or Zoning Boards, an application for grading plan
must be submitted to the Borough Engineer, wherever jurisdiction shall
lie, shall be submitted for purposes of a final determination.
(2)
Prior to commencing the framing of the building, and upon completion
of the foundation wall or on-grade slab, the lot grading plan shall
be submitted to the Construction Official and Borough Engineer, revised
as may be necessary, showing as-built elevation and horizontal locations
of the top of foundation walls or on grade slab, as appropriate, and
the elevations of either the top of the concrete curb or edge of street
pavement where there is no curb.
(3)
Following completion of all grading and drainage work, the applicant
must submit to the Borough Engineer and Construction Office two copies
of an as-built survey, prepared by a New Jersey licensed surveyor,
with final grades, and request a final inspection 14 days' prior to
any certificate of occupancy. If any discrepancy exists between the
grading plan and actual construction, the developer will be required
to perform any necessary site work to correct the deficiency. All
as-built site work must be done in conformity with the approved grading
plans. Any significant deviations may be approved only by the relevant
approving agency.
(4)
Following completion of all work and receipt of the as-built
grading plan, the Borough Engineer shall conduct the final inspection
and notify the Construction Official, in writing, whether the final
construction is in compliance with the approved grading plan and that
a certificate of occupancy may be issued. The Construction Official
shall issue the certificate of occupancy only if all conditions for
the approved grading plan have been satisfied.
(5)
All individual curb/sidewalk waiver requests for grading plans
not part of subdivision or site plans approved by the Planning Zoning
Board, must be processed with the Borough Council and the Borough
Engineer.
(6)
All grading work shall be completed within 210 calendar days
from the issuance of the building permit. The grading permit and building
permit shall be issued simultaneously. The 210 days shall be counted
from the issuance of the building permit.
(a)
For lots separately handled for grading permits, an individual
plan shall be filed for each lot.
(b)
Unless all lots are intended to be completed at one time, individual
lot permits shall be issued for each individual construction permit.
G. Individual grading plan review fees. The person to whom this chapter
applies must pay the following fees to the Borough for application,
review and inspection of the site.
(2)
An escrow fee in the amount of $450 shall be paid at the time
of submission of a grading plan (per lot). These fees are flat fees
and constitutes by this chapter the actual fee charged to the Borough
of Woodbury Heights by its Engineer.
(3)
Inspection escrow. An escrow of $500 per lot shall be submitted
by the applicant to be utilized for the payment of the Borough Engineer's
inspection of the site in accordance with this chapter.
(4)
Sidewalk/curb waiver request fee. A flat fee of $200 shall be
paid to the Borough for the Borough Engineer to evaluate an applicant's
request to waiver from construction of sidewalk and/or curb. A report/letter
will be issued to Borough Council recommending or denying of said
construction.
(5)
Sidewalk/curb inspection fees. A flat fee of $500 per individual
grading plan for parcels not included within a major subdivision shall
be submitted by the applicant to be utilized for the payment of the
Borough Engineer's inspection of the concrete sidewalk and/or concrete
curb construction. The fee shall be determined by the Borough Engineer
during the grading plan review process. The inspection shall cover
the placement of forms, depth of forms, pouring of concrete and soil
quality in accordance with the Borough regulations and approved grading
plan. The escrow includes reinspection of the construction of the
concrete sidewalk and/or curb in the event the initial inspection
shall reveal errors/omissions and construction not in accordance with
the filed plan and Borough regulations.
(6)
Subsurface stormwater disposal system, inspection fee. A flat
fee of $475 per individual grading plan shall be submitted by the
applicant to be utilized for the payment of the Borough Engineer's
inspection of any underground stormwater chambers management system.
The fee shall be determined by the Borough's Engineer during the grading
plan review process. The inspection shall cover construction of the
underground stormwater system for the purpose of the protection of
water resources and areas where there is no stormwater collection
system to transport the runoff to other areas. The inspection will
verify that the underground stormwater system is constructed per the
approved plan. The applicant must contact the Borough Engineer's office
for inspection of the installation of the underground stormwater systems,
during construction of same. Forty-eight hours' notice is required.
This escrow will not be required if deemed not necessary during the
grading plan review.
(7)
No certificate of occupancy shall be issued until the amended
grading plan shall have been submitted and approved with the final
as-built conditions.
(8)
All fees paid under this chapter shall be paid to the Treasurer
of Woodbury Heights.