Article IXA Design and Performance Standards

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.

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.

Applicability.

This section shall be applicable to the following major developments:

Nonresidential major developments and redevelopment projects; and

Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

Any development that exceeds the impervious coverage limits of the subject zone with the exception of existing nonconformities.

This section shall also be applicable to all major developments undertaken by Woodbury Heights.

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

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.

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.

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.

Solids and floatable materials control standards.

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.

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:

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

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.

For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.

The standard in Subsection D(1)(a) above does not apply:

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;

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;

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].

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.

Safety standards for stormwater management basins.

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.

Safety ledge illustration.

Elevation View - Basin Safety Ledge Configuration

Requirements for a site development stormwater plan.

Submission of site development stormwater plan.

Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection F(3) below as part of the submission of the application for approval.

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

The applicant shall submit 18 copies of the materials listed in the Checklist for Site Development Stormwater Plans in accordance with Subsection F(3) of this section.

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

Submission of site development stormwater plan. The following information shall be required:

Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and 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.

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

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

Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsection 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.

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

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.

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

Calculations.

Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection C of this section.

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.

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.

Maintenance and repair.

Applicability. Projects subject to review as in Subsection A(3) of this section shall comply with the requirements of Subsection G(2) and (3).

General maintenance.

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

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

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

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

In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall 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.

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.

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.

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.

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:

For a first offense, a fine not exceeding $1,500.

For second or subsequent offenses, a fine not exceeding the sum of $5,000, probation or incarceration.

§ 70-49.7 Driveways.

No driveway shall be constructed or maintained which does not meet the following regulations:

Entrance to the street shall be at an angle of seventy-five degrees (75°) to one hundred five degrees (105°) with the intersecting street.

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).

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.

The grade of a driveway shall not exceed 10%.

Driveway pavement widths:[1]

	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.

Exclusive of any parking bay, turnaround, and the wider width at any curb return.

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.

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.

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.

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.

Other residential: 10 feet.

Nonresidential: 30 feet.

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.

§ 70-49.8 Easements.

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.

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.

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:

The removal of dead or diseased trees.

Limited thinning of trees and growth to encourage the most desirable growth.

The removal of trees to allow for structures designed to impound water in areas to be flooded in the creation of ponds or lakes.

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.

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.

§ 70-49.9 Environmental Impact Report.

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.

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:

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;

An inventory of the following on-tract conditions and an assessment of the probable impact of the development upon them:

Water supply;

Water quality of streams;

Flood plain protection;

Wetlands and required transition areas;

Soil types and soil erosion;

Sewage disposal;

Vegetation protection;

(h)

Air quality;

(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;

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;

A list and the status of any approvals needed from federal, state, or county agencies;

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;

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

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.

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.

§ 70-49.10 Family Day Care.

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.

Lot size.

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.

Maximum size for any facility in a residential zoning district: 100 children.

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.

Minimum Dimensions:

Lot width	150 feet
Front yard	45 feet
Rear yard	40 feet
Lot depth	200 feet
Side yard	25 feet

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.

Maximum building height. One story or 30 feet.

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.

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.

Maximum floor area ratio. Fifteen hundredths.

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

§ 70-49.11 Fire protection.

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.

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.

§ 70-49.12 Flood plain regulations.

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.

Purposes.

To prevent the encroachment of development into flood hazard areas in order to protect human life and health.

To implement the rules and regulations promulgated by the New Jersey Department of Environmental Protection.

To guide construction, regrading and other encroachments that might otherwise occur in flood hazard areas through cluster zoning and other planned developments.

To prevent pollution during low- or high-water periods by eliminating unsanitary or dangerous substances in flood hazard areas.

To minimize public expenditures for flood control projects, repairs to public facilities and utility services and rescue and relief efforts.

To minimize disruption in homes, businesses and places of employment.

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.

§ 70-49.13 Grading and filling.

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.

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.

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.

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.

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.

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.

Individual grading plans shall adhere to § 70-49.35.

[Added 3-16-2022 by Ord. No. 3-2022]

§ 70-49.14 Landscape plan.

General.

Street trees, buffer areas, and other required planting shall be in accordance with this and other referenced sections of this Article.

Street trees and other required plant material shall not be planted until the finished grading of the subdivision of land development has been completed.

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.

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.

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.

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.

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.

Existing vegetation.

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.

All developments shall be laid out, where possible, in such a manner so as to preserve the healthy trees and shrubs on the site.

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.

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.

All diseased or dead trees shall be promptly removed from the site.

Detention basin soil stabilization.

Within any detention basin one of the following seed mixtures shall be used.

Crown vetch establishment (legume)

Crown vetch, plus: 20 lbs/acre

Tall fescue, plus Nurse grass (use one):25 lbs/acre

Annual ryegrass, or: 30 lbs/acre

Perennial ryegrass: 30 lbs/acre

Birdsfoot trefoil establishment (legume)

Birdsfoot trefoil, plus: 8 lbs/acre

Tall fescue, plus Nurse grass (use one): 25 lbs/acre

Annual ryegrass, or: 30 lbs/acre

Perennial ryegrass: 30 lbs/acre

Deertongue grass establishment (legume)[1]

Deertongue grass, plus: 10 lbs/acre

Tall fescue, or: 25 lbs/acre

Birdsfoot trefoil, plus Nurse grass (use one): 6 lbs/acre

Annual ryegrass, or: 30 lbs/acre

[5]

Perennial ryegrass: 30 lbs/acre

NOTE: Deertongue grass establishment may be maintained as a Turf-grass and used for recreational purposes.

Preferred varieties:

Deertongue grass - Tioga

Tall fescue - Ky. 31

Perennial ryegrass - Pennfine or Manhattan

Crown vetch - Penngift

Birdsfoot trefoil - 50/50 mixture of Empire and either Maitland or Viking.

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.

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

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.

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.

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.

Parking lots shall be planted as required in this section.

Parking facilities.

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.

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.

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.

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.

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.

For recommended plants see Subsection F(5) below.

Street trees.

General requirements.

Street trees and associated planting shall be required for any design and construction of:

New streets;

New sidewalks or pedestrian or bicycle ways;

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

Access driveways to residential developments serving more than four dwelling units.

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.

Plant materials shall be selected to minimize future maintenance costs, including, but not limited to, considerations of pruning, tree removal and sidewalk repair.

Plant material shall not interfere with underground utilities, storm water management facilities, or restrictions within easements.

Plant material shall be adaptable to the specific planting site and achieve the specified design objectives of the plan.

Plant material shall be spaced to permit the healthy growth of each plant.

Plant material shall mitigate adverse microclimate conditions.

Quantity.

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.

Street trees shall be provided at intervals of 40 feet along a medial divider or within a cul-de-sac landscaped island.

An equivalent number of trees may be planted in an informal arrangement as approved on the landscape plan.

Location.

Street trees shall not be planted opposite each other, but shall alternate.

At intersections, trees shall be located no closer than 30 feet from the intersection of the curb lines.

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.

Size.

Tree caliper at the time of planting, as measured four feet above ground level, shall be no less than two inches.

Approved plant material. The following plant material is approved of for use within the borough provided that the specific site is suitable.

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

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

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.

Buffers

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.

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.

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.

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:

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;

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;

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;

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;

Deciduous and semi-deciduous plants may be used in conjunction with evergreens to provide color, and a softer, more interesting and natural effect; and

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.

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.

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

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

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

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

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

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

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

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.

§ 70-49.15 Lighting.

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.

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

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.

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.

§ 70-49.16 Lots.

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

Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.

Each lot must front upon an approved, paved street with a right-of-way of at least 50 feet.

Through lots with frontage on two streets are permitted provided access shall be to the street with the lower traffic function.

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.

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.

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.

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.

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".

§ 70-49.17 Monuments.

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.

§ 70-49.18 Natural features.

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.

Removal of natural resources shall be prohibited except as follows, and topsoil moved during construction shall remain on-site and be redistributed on-site:

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.

In connection with normal lawn preparation and maintenance.

In connection with construction or alteration of a street or utility improvement.

§ 70-49.19 Off-site and off-tract improvements.

In farming operations in those zoning districts where farming is permitted, provided that sound soil conservation practices are observed.

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.

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.

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.

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.

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:

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;

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

§ 70-49.20 Off-street parking and loading.

If the improvement is not to be constructed by the applicant, an amount equal to the estimated cost of the improvement.

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.

All financial considerations concerning off-site and off-tract improvements shall be resolved prior to final plat approval.

Access to and from lots serving more than six spaces. All driveways shall comply with the section of this Article entitled "Driveways".

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.

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.

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.

Dimensions.

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

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

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.

Surfacing, as follows, shall be approved as part of the plan approval.

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.

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.

Landscaping in parking and loading areas shall be shown on the landscaping plan as required in this Article.

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.

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:

All locations shall be designed to accommodate both side and rear loading vehicles;

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

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[1]	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

NOTE: The minimum number of spaces shall prevail for uses that have not attained the gross floor area where the first space is required.

The architectural design of the trash enclosure shall be compatible with the architecture of the main structure, or facility, or surroundings.

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.

Location of parking and loading areas.

No off-street loading and maneuvering areas shall be located in any front yard.

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.

No loading and parking spaces shall be located in any required buffer area.

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.

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.

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.

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.

§ 70-49.24 Recycling area and solid waste collection sites.

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.

§ 70-49.21 Performance standards.

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.

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.

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.

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.

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.

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.

§ 70-49.22 Public utilities.

All public services shall be connected to an approved public utilities system where one exists.

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.

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.

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.

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.

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.

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.

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.

§ 70-49.23 Recreation improvements.

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.

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.

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.

The payment shall be $1,000 per dwelling unit.

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.

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.

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.

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.

§ 70-49.25 Sidewalks.

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".

§ 70-49.26 Sight triangles.

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.

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:

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.

§ 70-49.27 Soil erosion and sediment control.

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.

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).

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:

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;

Whenever feasible, natural vegetation shall be retained and protected;

The extent of the disturbed area and the duration of its exposure shall be kept within practical limits;

Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbance;

Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or land disturbance;

Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge;

Sediment shall be retained on site;

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.

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.

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.

§ 70-49.28 Street lighting.

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.

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.

See lighting.

§ 70-49.29 Streets.

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.

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.

Local streets shall be designed to discourage through traffic.

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.

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

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.

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.

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.]

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.

Sight triangles shall be provided as required in the section entitled "Sight triangles".

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.

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.

Where dead-end (cul-de-sac) streets are utilized, they shall conform to the following standards:

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.

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.

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.

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.

Streets shall be constructed in accordance with the following standards and specifications; or equivalent:

Arterial Streets

Dense graded aggregate, six inch thickness. Recycled concrete will not be acceptable as a dense graded aggregate due to the poor drainage characteristics.

Bituminous Stabilized Base Coarse NJDOT Mix I-1, five inch thickness.

Bituminous Concrete Surface Coarse, NJDOT Mix I-5, two inch thickness.

Collector Streets

Dense graded aggregate, six inch thickness. Recycled concrete will not be acceptable as a dense graded aggregate due to the poor drainage characteristics.

Bituminous Stabilized Base Coarse, NJDOT Mix I-1, four inch thickness.

Bituminous Concrete Surface Coarse, NJDOT Mix I-5, two inch thickness.

Subcollector and local streets

Dense graded aggregate, six inch thickness. Recycled concrete will not be acceptable as a dense graded aggregate due to the poor drainage characteristics.

Bituminous Stabilized Base Coarse, NJDOT Mix I-1, three inch thickness.

§ 70-49.33 Refuse containers and dumpsters.

Bituminous Concrete Surface Coarse, NJDOT Mix I-5, two inch thickness.

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.

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.

§ 70-49.30 Street Signs.

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.

§ 70-49.31 Yards.

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.

§ 70-49.32 Water Supply.

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.

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.

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]

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.

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.

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.

Exceptions to prohibition.

Permitted temporary demolition containers.

Litter receptacles (other than dumpsters or other bulk containers).

Individual homeowner trash and recycling containers.

Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.

§ 70-49.34 Private storm drain inlet retrofitting.

Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).

Enforcement. This section shall be enforced by the Police Department and/or other Code Enforcement Officials of the Borough of Woodbury Heights.

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]

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.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

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.

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:

Already meets the design standard below to control passage of solid and floatable materials; or

Is retrofitted or replaced to meet the standard in Subsection D below prior to the completion of the project.

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.

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:

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

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.

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.

This standard does not apply:

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;

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.

Where flows are conveyed through a trash rack that has parallel bars with one inch spacing between the bars; or

Enforcement. This section shall be enforced by the Police Department and/or Municipal Code Enforcement Officials of the Borough of Woodbury Heights.

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.

§ 70-49.35 Individual grading plan.

[Added 3-16-2022 by Ord. No. 3-2022]

Review and approval of grading plan required.

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.

Applicability.

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.

Grading plan requirements.

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.

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
( )	1.	Title block indicating the address of the site, lot and block numbers, name and address of the applicant and the title "grading plan."
( )	2.	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.
( )	3.	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.
( )	4.	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.
( )	5.	The distances between all existing and proposed structures and adjoining property lines must be indicated on the plan.
( )	6.	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.
( )	7.	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.
( )	8.	The plan must indicate existing and proposed spot elevations at all building and property corners.
( )	9.	The plan must indicate existing topography 50 feet beyond all property lines and spot elevations for all adjacent building corners.
( )	10.	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.
( )	11.	The plan must indicate all flood hazard, wetlands, and wetland buffer lines and floodplains.
( )	11.	Additional requirements for grading plans for new structures and additions.
( )	12.	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.
( )	13.	The plan must indicate the location of all proposed utility services, including vents and cleanouts.

Grading standards. The grading plan must conform to the following standards.

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.

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.

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.

All slopes shall be no greater than 3:1.

Driveway grades shall not exceed 10%.

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).

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.

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.

Approval procedures.

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.

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.

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.

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.

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.

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.

For lots separately handled for grading permits, an individual plan shall be filed for each lot.

Unless all lots are intended to be completed at one time, individual lot permits shall be issued for each individual construction permit.

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.

Application fee: $50.

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.

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.

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.

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.

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.

No certificate of occupancy shall be issued until the amended grading plan shall have been submitted and approved with the final as-built conditions.