[Ord. #1/6/78, A X, § 1]
No zoning permit, building permit, or Certificate of Occupancy
shall be issued for any parcel of land or structure which was sold
or on which improvements were undertaken in violation of the provisions
of this chapter or for use of a lot which was created by subdivisions
after the effective date of, and not in conformity with the provisions
of this chapter. No site improvements such as, but not limited to,
excavation or construction of public or private improvements shall
be commenced except in conformance with this chapter in accordance
with plat approvals and the issuance of required permits.
[Ord. #1/6/78, A X, § 2; Ord. #86-11, § 1;
Ord. #2005-18, § 3]
a.
A zoning permit shall be issued by the Zoning Officer before the
issuance of either a Certificate of Occupancy to a new occupant of
an existing building or portion of an existing building, or before
the issuance of a building permit.
b.
The fee for a residential zoning permit shall be thirty-five ($35.00)
dollars per living unit reviewed and shall be payable in advance at
the time of application. The fee for a commercial zoning permit shall
be seventy-five ($75.00) dollars and shall be payable in advance of
the zoning review.
[Ord. #1/6/78, A X, § 3]
It shall be unlawful to use or permit the use of any building
or part thereof hereafter created, changed, converted, altered or
enlarged, wholly or in part, until a Certificate of Occupancy shall
have been issued by the Construction Code Official and no certificate
shall be issued unless the land, building and use thereof comply with
this chapter; all matters incorporated on the approved subdivision
or site plan have been completed and certified by the Municipal Engineer;
and the Building and Health Codes are complied with.
[Ord. #2006-04, §§ 1—6]
a.
CERTIFICATE OF CONTINUED OCCUPANCY
DWELLING UNIT, APARTMENT, LIVING UNIT OR OTHER SIMILAR DESIGNATION
HOUSING INSPECTOR
OCCUPANT
OWNER
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Shall mean the certificate issued by the Borough of Beachwood
Zoning/Code Enforcement Office serves notice that based on a general
inspection of the visible parts of the dwelling or dwelling unit,
there are no unsafe conditions found and the dwelling is approved
for continued occupancy.
Shall mean any room or group of rooms located within a dwelling
or building and forming a single habitable unit, for one (1) or more
persons, for the purpose of living, sleeping, cooking and sanitation
needs.
Shall mean a Borough assigned officer designated by the Borough
Zoning/Code Enforcement Officer from said department.
Shall mean any individual living or sleeping in a building
or having possession of a space within a building.
Shall mean any person, agent, operator, firm or corporation
having a legal or equitable interest in the property; or recorded
in the official records of the State, County or municipality as holding
title to the property; or otherwise having control of the property,
including the guardian of the estate of any such person and the executor
or administrator of the estate of such person if ordered to take possession
of real property by a court.
b.
Certificate of Continued Occupancy required.
1.
No owner of any dwelling or dwelling unit shall sell said unit unless
said individual shall first obtain a Certificate of Continued Occupancy
from the Zoning/Code Enforcement Office of the Borough of Beachwood.
In the event of a sale without the assurance of a Certificate of Continued
Occupancy, both the owner or seller and the purchaser shall be deemed
to have violated this subsection.
2.
An owner shall make application for a Certificate of Continued Occupancy
in a reasonable time prior to closing of title of any residential
premises. A Certificate of Continued Occupancy shall be valid for
a period of sixty (60) days after the date of issuance of the Certificate
after which the Certificate will expire.
c.
Adoption of property maintenance standards by reference.
1.
Prior to the issuance of a Certificate of Continued Occupancy, the Housing Inspector shall conduct an inspection of the dwelling unit, residential premises or any other building. The inspection shall be in accordance with the provisions of the International Property Maintenance Code of 2000 or such amendments and additional additions as may from time to time be adopted by the International Code Council and is hereby adopted. Chapter 1, Administration, shall be deleted in its entirety. This Code establishes the minimum regulation governing the condition and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and habitation or use.
2.
A copy of the International Property Maintenance Code of 2000 or
such amendments and additional additions as may from time to time
be adopted by the International Code Council is placed on file in
the Office of the Borough of Beachwood Zoning/Code Enforcement Officer
and will remain on file there for the use and examination of the public.
d.
Interpretations.
1.
Whenever there are practical difficulties involved in carrying out
the provisions of this subsection or Code, the Zoning/Code Enforcement
Officer or his representative shall have the authority to grant modifications
for individual cases, provided the Zoning/Code Enforcement Officer
or designee shall first find that the special individual reason makes
the strict letter of this subsection or Code impractical and the modifications
are in compliance with the intent and purpose of the subsection or
Code and that such modifications do not lessen the health and safety
requirements. The detailed action granting modification shall be recorded
and entered into the department files.
2.
Neither the Zoning/Code Enforcement Officer nor his or her designee shall be deemed to be granted any authority under this subsection to act in any manner inconsistent with the requirements, restrictions or obligations of the Uniform Construction Code, Chapter 23 of the New Jersey Administrative Code.
f.
Violations and penalties. Any person who violates any one or more
paragraphs of this subsection shall be subject to a fine of not more
than $500.00 for each separate offense and/or confinement in the Ocean
County Jail for a period of not more than ninety (90) days.
[Ord. #1/6/78, A X, § 4]
Prior to the subdivision or resubdivision of land within the Municipality and as a condition of filing of subdivision plats with the County Recording Officer, a resolution of approval of the Planning Board is required as is the approval of site plans by resolution of the Planning Board as a condition for the issuance of a permit for any development, except that subdivision or individual lot application for detached one or two dwelling-unit buildings shall be exempt from such site plan review and approval. The resolution of approval of the Board of Adjustment shall substitute for that of the Planning Board whenever the Board of Adjustment has jurisdiction over subdivision or site plan pursuant to subsection 17-10.11 of this chapter.
[Ord. #97-16, § 1; Ord. #98-12, §§ 1,
2; Ord. #2007-13, § 1; Ord. #2008-08, § 3]
a.
Information required for all variances and approvals under N.J.S.A.
40:55D-70, and for single or two (2) family residential construction
on conforming lots not requiring variances.
1.
Disclosure affidavit required by N.J.S.A. 40:55D-48.1 listing the
names and addresses of all stockholders or individual partners owning
at least ten (10%) percent of the stock of any class [required for
subdivisions of six (6) or more lots, multiple dwelling of twenty-five
(25) or more units or commercial sites].
2.
Certificate of taxes paid from the Tax Collector's office.
3.
Affidavit of ownership. If the applicant is not the owner the applicant's
interest in the land as tenant, contract purchaser, lien holder, etc.,
with the consent of the landowner annexed.
b.
Technical checklist.
1.
For additions or improvements to existing single-family owner-occupied
houses, eleven (11) copies of a plot plan of the property in question
based on a survey prepared by a licensed land surveyor containing
the following information regarding the application drawn to scale
and showing all applicable setbacks, lot size, lot coverage and other
bulk requirements.
2.
For all other applications, eleven (11) copies of a plot plan of
the property in question prepared by a licensed land surveyor or engineer
containing the following information:
(a)
Drawn to an appropriate scale but not greater than one (1")
inch equals fifty (50') feet and not to be combined with the two hundred
(200') foot radius map.
(b)
Clearly depicted on a sheet size no smaller than eight and one-half
by eleven inches (8 1/2" x 11").
(c)
Including a current survey of the property with the lot, metes
and bounds and the direction and distance to the nearest intersecting
street.
(d)
All existing or proposed easements and/or lands dedicated to
public use.
(e)
All existing and proposed buildings and structures with all
dimensions and with front, side and rear yard setback dimensions indicated
and with required setback lines shown.
(f)
All buildings and structures located on all adjacent properties
with dimension and set-backs noted adjacent to subject property and
depicting side, front and rear setbacks.
(g)
Locations of doors and windows of each abutting side of building(s)
adjacent to the property in question.
(h)
Any existing or proposed sidewalks and driveways as well as
their composition.
(i)
The name of the street(s) and the general composition of the
surface of the street(s) which the lot abuts.
(j)
Sufficient street elevations (center line, gutter and top of
curb, if applicable) and existing and proposed lot elevations, specifying
those for the finished first floor and garage floor elevations of
the proposed structure related to the abutting street elevations.
The lowest floor of any structure, including the garage, first floors
and any floor intended as usable space (other than area conforming
to the definition set forth in the Uniform Construction Code) according
to the NGVD (National Geodetic Vertical Datum) and the source of the
datum so noted.
(k)
Drainage flow arrows shall be provided to clearly depict the
directions of stormwater runoff.
(l)
Grading or the creation of adverse drainage conditions on adjacent
lots will be shown, together with permission granted by the owner
of said adjacent lots.
(m)
The outside parameters depicting the limits of clearing, soil
disturbances, and any trees to be saved.
(n)
The location of any freshwater wetlands or a statement on the
plan that none exist.
3.
A two hundred (200') foot radius map showing the approximate relationship
to all affected lands, structures and the property in question. The
plan shall be notarized, if prepared by the applicant, as to the truthfulness
and accuracy thereof or be certified by an engineer or land surveyor
licensed to do business in the State of New Jersey. No combined plot
plan and two hundred (200') foot radius maps will be accepted.
4.
Plans or renderings for the intended use or variance showing any
building or structure to be erected, with an elevation of each side
of the building being shown; if a new principal structure is proposed,
including a structure on an undersized lot, a complete set of elevations
and floor plans that demonstrate compliance with the building code
and adequately describe its appearance so as to allow the Board to
determine that the appearance is compatible with the character of
the district.
5.
A certified list of the property owners within two hundred (200')
feet of the subject property.
6.
Form of notice to be mailed to property owners within two hundred
(200') feet of the subject property.
7.
Photographs of all structures within two hundred (200') feet, mounted
with addresses, lot and block, and notation as to direction of views.
c.
The following additional information shall be required for currently
undeveloped properties which require variances by virtue of being
undersized. In the event any of the below elements are required on
other documents submitted per this ordinance, same shall not be again
required. Where a variance is required from building coverage the
applicant shall be required to mitigate run off from the increased
building coverage.
1.
Information in the form of title report by acknowledged title company
or similarly constructed documents which clearly trace the chain of
ownership of the property from the adoption of the Zoning Ordinance
which made the property nonconforming. All documents shall be duly
signed and sealed by the owner, purchaser and/or applicant and shall
be duly witnessed by a notary public of the State of New Jersey, and
shall be certified by the applicant to be true and accurate to the
best of its knowledge.
2.
Contract for sale of the property should it have been recently purchased
or option to purchase if applicant is not the current owner.
3.
Verification from the Beachwood Sewerage Authority and Beachwood
Water Department that potable water and sanitary sewer lines are available
to the property or that alternative means are proposed for sewage
disposal or potable water service.
4.
A detailed landscape plan of the property illustrating the type,
size and location of vegetation proposed to remain as well as that
proposed to be planted. Proposed details of the mechanisms for the
retention of trees and planting of vegetation along adjoining property
line shall be included.
5.
Complete design plans for retaining walls, if any, including all
construction details, design calculations, soil borings and soil data
verified by a New Jersey licensed professional engineer.
6.
Four (4) copies of a grading and stormwater management plan prepared
by applicant or by a licensed professional engineer. If the Board
Engineer determines that the applicant's plan is inadequate in substance,
the Board may require a grading and stormwater management plan from
a licensed professional engineer. The Board Engineer shall supply
a written report specifying all deficiencies to be corrected and shall
defer receipt of requested information until the time of hearing on
the application.
If the Board requires a plan from a licensed professional engineer,
said engineer shall certify that the proposed grading and floor elevation
will not detrimentally impact upon any adjoining property owner. If
applicable, said certification shall further set forth that said plan
conforms to an approved site grading plan, or, if not, that the changes
are not significant to that approval and will in no way further impact
adjoining properties. Further, the certification shall set forth that
the plan provides for the proper on-site runoff that is adequate to
prevent ponding, severe erosion, and positive drainage away from the
proposed building construction.
The map prepared shall be based on survey measurements, and
must contain the following:
(a)
Drawn to scale of not more than one inch equals ten feet (1"
= 10') or less than one inch equal fifty feet (1" = 50'), or drawn
to the same scale contained on survey submitted above.
(b)
Show the location of all new construction and all existing structures
on the site.
(c)
Distances from lot lines to existing structures and proposed
improvements.
(d)
Zoning setback lines to establish buildable area available for
development.
(e)
Building dimensions of existing structures and proposed alterations.
(f)
Total area of the tract and the total area upland or buildable
areas.
(g)
The percentage of lot coverage.
(h)
The existing and proposed sidewalk, curb and fence locations,
including the type of material to be used for the construction of
each.
(i)
The existing and proposed driveway locations, and the type of
material to be used.
(j)
The location and identification of Flood Zones, Conservation
Easements and Wetlands Areas.
(k)
The location and identification of all utility, drainage, sight
triangle and other easements affecting the development of the tract.
(l)
The area reserved for proposed and future septic/well facilities,
if applicable.
(m)
Precise stormwater flow direction arrows must be provided for
both on-site and off-site conditions.
(n)
The width of street rights-of-way, the width of street pavements
and the general material composition of the street surface.
(o)
A north arrow shall be shown.
(p)
Septic system approval from the Ocean County Health Department,
if applicable.
(q)
Army Corps of Engineers and NJDEP approved wetlands and wetlands
buffer delineation, if applicable. If the property is within the jurisdiction
of the Pinelands Commission, the Pinelands Commission shall approve
the wetlands and buffer delineation, if applicable.
(r)
The lot(s) shall be graded in accordance with the following
design criteria:
(1)
The land shall be graded so that the stormwater from each lot
shall drain directly to the street. If not possible to drain directly
to the street, it shall be drained to a system of interior yard drainage
approved by the Board Engineer.
(2)
The proposed grading of the lot shall not adversely impact on
adjacent lots. Drainage flow arrows shall be provided to clearly depict
the direction of stormwater runoff. No adverse drainage conditions
shall be created.
7.
Foundation As-Built Plan. Prior to framing inspection, placing the
modular units or pre-fab unit the foundation as constructed, the New
Jersey Licensed Professional Engineer or New Jersey Licensed Land
Surveyor shall submit to the Zoning Officer four (4) copies of a plan
showing the setbacks and elevations as to said as-built foundation
and specifically showing the top of block elevation and any other
critical floor elevation.
8.
Final As-Built Plan. Prior to the issuance of a Certificate of Occupancy,
the Zoning Officer shall require four (4) copies of an As-Built Plan
be submitted. The plans utilized for a request for Certificate of
Occupancy, accompanied by a copy of the initial review plans, shall
be reviewed by the Borough Engineer, who will, in addition to said
review, cause an on-site inspection and submit a written report to
the Zoning Officer and Construction Official as to the status of all
improvements required and as-built conditions that conform satisfactorily
to the approved plans or, if not, report that same neither satisfies
the intent of the procedural outline herein or does not conform. The
As-Built Plans shall show the following:
(a)
Property line and dimensions.
(b)
Existing elevations of the lot and adjacent roadway, as well
as contours and critical spot elevations to clearly define surface
flow.
(c)
Finish floor grades of house and garage and description of house
style (ranch, bi-level, two story) and critical grade that applies.
(d)
All setbacks for structure.
(e)
Describe building constructed: basement, crawl space or slab
construction.
(f)
Where applicable, sufficient information to show any impact
on adjoining properties, if any.
(g)
All completed improvements such as walks, drives, curbs, landscaping,
etc., shall be shown.
[Ord. #1/6/78, A XI]
The developer shall at the time of filing a submission, pay
the following nonrefundable fee to the Borough by certified check
or bank money order. Proposals involving more than one (1) use shall
pay a fee equal to the sum of the fee for each element.
[Ord. #1/6/78, A XI, § 1; Ord. #88-20, § 1;
Ord. #90-07, § 1; Ord. #2008-08, § 4]
a.
Minor subdivisions:
$100.00 Application fee.
b.
Special permit to construct on mapped street or public drainage way,
flood control basin or public area reserved. (40:55D-76)
$150.00 Application fee.
c.
Special permit to construct on a lot which does not front on an (improved)
street.
$150.00 Application fee.
d.
Major subdivisions:
$750.00 Application fee.
Preliminary Application:
$750.00 Application fee.
$50.00 Per lot in excess of four (4) lots.
e.
Final applications:
$500.00 Application fee.
$25.00 Per lot in excess of four (4) lots.
f.
Design waiver:
$100.00 Application fee.
g.
Under the above paragraphs a through e, escrow funds shall be required
to be deposited for Planning and Zoning Board applications as follows:
1.
General
(a)
In addition to the submission of application filing fees (which
are charged to cover general Borough administrative costs), as set
forth elsewhere, development applications which meet the criteria
established herein shall be accompanied by a deposit of escrow funds
in accordance with the provisions of this section.
(b)
Said escrow funds shall be utilized to cover the municipal costs
of professional and non-professional services incurred during the
development review process. Professional and non-professional fees
and salaries incurred in connection with review of plans, consultation,
site inspections, written reports and resolution preparation, meeting
attendance, general preparation, research, testimony and other work
performed by the Board Planner, Board Attorney, Municipal Engineer,
Health Officer, Assistants or the Assistant to the Municipal Engineer
and other professional consulting services as may be required due
to the nature of the application, shall be paid from these escrow
funds. Escrow fees shall not be utilized to pay inspection costs required
during the construction process.
2.
Escrow amounts. Escrow funds in the amount specified herein shall
be required relative to the following applications:
(a)
Sketch plat for major subdivision, minor subdivision, preliminary and major subdivision approval and preliminary site plan approval for residential use. Lots as hereinafter defined shall comply with schedule of Uniform Construction Code requirements established within Chapter 17.
|
Escrow Amount
| |
|---|---|
|
1 to 3 lots or units
|
$1,000.00
|
|
4 to 10 lots or units
|
$2,000.00
|
|
11 to 25 lots or units
|
$3,000.00
|
|
26 to 50 lots or units
|
$5,000.00
|
|
51 to 100 lots or units
|
$7,500.00
|
|
In excess of 100 lots or units
|
$15,000.00
|
(b)
Additional escrow funds may be required if the escrow has been
depleted to twenty (20%) percent of the original escrow amount. The
Borough shall notify the appropriate Board when escrow funds have
been so depleted. Professionals and non-professionals being paid from
escrow funds shall notify the Board or other review committee as to
additional costs anticipated to be incurred. The Board or other review
committee shall not take any further action on the application until
adequate additional fees have been deposited by the applicant with
the Borough.
(c)
Escrow deposits shall be placed in an interest bearing account
and the same shall be administered in accordance with the requirements
of N.J.S.A. 40:55D-53.1.
(d)
All disbursements to consulting professionals and applicable
charges from Borough employed professionals and non-professionals
for services involved in processing an application which requires
the deposit of escrow funds shall be charged against the escrow account.
(e)
All bills submitted by consulting professionals relative to
said applications shall specify the services performed for individual
applications and the time expended relative thereto. The bill shall
also set forth the hourly billing amount which will be the amount
charged to the Borough pursuant to the consultant's contract.
(f)
All charges by Borough employed professionals and non-professionals
enumerated hereinabove, shall specify the services performed for individual
applications and the time expended relative thereto. The hourly billing
rate for Borough employed professionals and non-professionals shall
be one-thirty-fifth (1/35) of their weekly compensation, plus thirty
(30%) percent, to reimburse the Borough for the benefits supplied
to the same employee.
(g)
The Borough shall provide the applicant with an accounting of
escrow funds within ninety (90) days after the appropriate Board has
taken action on the application.
(h)
All sums not actually expended shall be refunded to the applicant
within ninety (90) days after the appropriate Board has taken action
on the application.
(i)
No resolution approving any development application which is
subject hereto shall be passed by either the Planning Board or the
Zoning Board of Adjustment until all fees and escrow sums required
hereunder have been paid in full.
[Ord. #1/6/78, A XI, § 2; Ord. #87-17, § 5;
Ord. #88-20, § 1; Ord. #90-07, § 2]
a.
Preliminary application for projects involving proposed structures
of four thousand (4,000) square feet of floor space or less.
$150.00 Application fee.
$1,000.00 Escrow will be posted with the Borough Treasurer upon
application for any professional services required. Unused funds will
be returned to the applicant.
b.
Preliminary application for proposed projects involving structures
in excess of four thousand (4,000) square feet of floor space.
$500.00 Application fee.
$1,000.00 Escrow will be posted with the Borough Treasurer upon
application for any professional services required. Unused funds will
be returned to the applicant.
c.
Final application for projects involving proposed structures of four
thousand (4,000) square feet of floor space or less.
$75.00 Application fee.
d.
Final application for projects involving proposed structures in excess
of four thousand (4,000) square feet of floor space.
$500.00 Application fee.
$2,000.00 Escrow will be posted with the Borough Treasurer upon
application for any professional services required. Unused funds will
be returned to the applicant.
e.
Design waiver:
$100.00 Application fee.
[Ord. #1/6/78, A XI, § 3; Ord. #84-17, § 1; Ord. 88-20, § 1]
|
a.
|
Appeals pursuant to 40:55-D-70a.
|
$100.00
|
|
b.
|
Special questions/interpretations (40:55D-70b).
|
$150.00
|
|
c.
|
Hardship - single-family.
|
$125.00
|
|
d.
|
Use of structure (40:55-D-70d).
|
$150.00
|
|
e.
|
Design waiver.
|
$100.00
|
[Ord. #88-20, § 1]
|
a.
|
Special meetings held at the request of the applicant
|
$750.00
|
[Ord. #88-20, § 1]
a.
In the event an applicant submits a revision subsequent to the initial
meeting in which an application shall be heard, the applicant shall
tender an additional fee of one-half (1/2) of the application fee
set forth above for each revision.
b.
The applicant is hereby advised that he may consult with any member
of the Beachwood Planning Board Professional Staff prior to any meeting
with the provision that the applicant submit a letter indicating that
he will reimburse the Board for any costs incurred by the Board for
such consultation.
c.
In the event an applicant is seeking multiple forms of relief, such
applicant shall pay the fee for each such form of relief. For example,
in the event the applicant is seeking a preliminary and final site
approval of a project less than four thousand (4,000) square feet
of floor space and a variance, the applicant shall pay:
|
Preliminary site plan
|
$150.00
|
|
Final site plan
|
$75.00
|
|
Variance
|
$150.00
|
|
Total fee
|
$375.00
|
d.
Where an application for land use development to either Board requires
more than two (2) professional reviews by the Board's Staff or consultants
and/or more than two (2) caucus meetings, if applicable, and/or more
than two (2) regularly scheduled public hearings, subsequent to the
initial filing of such application and prior to a final determination
of such application, the applicant shall be required to pay additional
fees in the amount equal to the costs as calculated under the subsection
for the costs of those additional reviews, caucus meetings and public
hearings. If at any time it becomes necessary, as provided above,
for such additional reviews, caucus meetings, and public hearings,
then the applicant shall be required before any further proceedings
on his application and as part of the submission of his complete application,
to submit two-thirds (2/3) of the above-referenced fees initially
paid which shall be placed in an escrow account to be maintained by
the Borough Treasurer.
The costs of such additional hearings or reviews shall include:
(1) the hourly charge of all consultant professional services for
these additional hearings and reviews; and (2) a charge for cost to
the Borough for personnel and overhead expenses which shall be based
on the Borough employees for any additional meeting times a multiplier
of 2.0 to cover the overhead expenses.
The Secretary of each Board shall maintain a record of the above
described costs incurred for each such additional hearing or professional
review. In the event such costs shall at any time exceed the amount
placed in escrow pursuant to this subsection, the applicant shall
be required before any further proceedings, to place sufficient additional
amounts in escrow to cover the costs of any additional and further
professional reviews, caucus meetings or public hearings.
At least thirty (30) days prior to requesting the Borough Treasurer
to release the applicant's escrow fund for payment of the costs of
the additional hearings and reviews, the Secretary of the Board shall
send the applicant by first class mail an itemized statement of such
costs. If within ten (10) days after mailing of such itemized statement,
the applicant does not notify, in writing, the Secretary of the Board
that he objects to the calculation of such costs, the Treasurer shall
release the escrow funds for payment of such costs and for refund
to the applicant, if any. In the event the applicant objects to the
calculation of such costs, applicant shall be granted a hearing by
the Board to review such costs and the Board shall decide the calculation
of such costs. Upon the decision of the Board, the Treasurer shall
release the escrow fund.
In the event that any special traffic study, environmental study,
or similar report is deemed necessary by the Board and the cost of
which is to be charged to the applicant, the applicant shall be notified
in advance of the expected cost for such study or report and the reason
therefor and shall have the right to reject such proposed report or
study and the costs therefor.
If the applicant rejects such additional items and the costs
therefor, as the Board deems necessary to properly evaluate the application,
the Board will render its decision without benefit of such additional
information it deemed necessary.
[Ord. #88-20, § 1]
Additional reviews granted pursuant to 40:55D-10.1 shall be
charged a fee of twenty-five (25%) percent of the fee that the developer
would be required to pay for a normal application. Said fees shall
be credited toward the fees for review of the application finally
submitted but shall be subject to the revisions.
[Ord. #1/6/78, A XI, § 4]
[Ord. #1/6/78, A XII, § 1; Ord. #87-17, § 5]
a.
Any owner of land within the Borough, prior to subdividing or resubdividing land, as defined in this chapter, shall submit to the secretary of the appropriate approving authority, at least fourteen (14) days prior to a regular meeting of the Planning Board, eight (8) copies of a subdivision sketch plat prepared in accordance with subsection 17-20.2 of this chapter together with eight (8) copies of subdivision application form for classification purposes.
The secretary of the approving authority at the time of filing
the sketch plat shall immediately mark it filed, put a date on each
copy and issue an application number. Once an application has been
assigned a number, such number shall appear on all documents, maps
and plats submitted for processing in conjunction with the proposed
subdivision.
b.
The Secretary shall forward the sketch plat to the Ocean County Planning Board, the Borough Clerk, the Board Engineer, the Sewerage Authority and Planning Consultant. The Board Engineer and the Planning Consultant shall examine the submitted plat to determine the plats conformance with the requirements of this chapter and may file a written report of their findings and recommendations with the Secretary of the Planning Board within the time period prescribed in subsection 17-10.8.
No final action by the Planning Board shall be taken on a subdivision
application until a written review has been received from the County
Planning Board or expiration of the thirty (30) day review period,
in which case, the application shall be deemed to have been approved
by the County Planning Board unless extended for an additional thirty
(30) day period by mutual agreement of the Board, County Planning
Board and applicant.
c.
The approving authority shall review the sketch plat submission for
its completeness and take action on accepting or rejecting the submission
as a complete application no later than its first regular meeting
following the two (2) week review period. If incomplete, the material
shall be returned to the developer for a resubmission at least two
(2) weeks prior to a subsequent meeting.
d.
If classified and approved as a minor subdivision by a majority vote
of the members of the approving authority present at the hearing,
a notation to that effect and the signatures of the Chairman and Secretary
will be affixed on the plat. The Board may condition such approvals
pursuant to sections 29, 29.1, 29.2 and 41 of the Act and/or favorable
review of the County Planning Board or approval by County Planning
Board by its failure to report thereon within the required time period.
e.
Two (2) copies of the signed and approved plat shall be forwarded
to the applicant within ten (10) days of approval of the application.
f.
The Planning Board Secretary shall forward one (1) copy of the approved
plat to the following:
Borough Clerk
Planning Board Engineer
Tax Assessor
Board permanent files.
g.
The zoning requirements, terms and conditions, whether contingent
or otherwise, upon which minor subdivision approval was granted, shall
not be changed for a period of two (2) years after the date of minor
subdivision approval; provided that the approved minor subdivision
shall have been duly recorded.
h.
If the plat is classified as a major subdivision a notation to that
effect shall be made on the plat which shall be returned to the subdivider
for compliance with the procedures in paragraph a of this article
within ninety (90) days of the date of classification.
[Ord. #1/6/78, A XII, § 2; Ord. #87-17, § 5;
Ord. #2007-13, § 2]
a.
Eight (8) copies of the preliminary plat, prepared in accordance with subsection 17-20.3 of this chapter, together with four (4) copies of the completed application forms shall be submitted to the approving authority secretary twenty-one (21) days prior to the regularly scheduled meeting at which consideration is desired. The Secretary of the Board shall forward a copy of the preliminary plat to the County Planning Board, Municipal Clerk, Planning Board Engineer, Planning Consultant, Construction Code Official, Fire Chief, Police Chief, and Superintendent of Public Works for review and comment, if deemed appropriate, however, the Planning Board Engineer and Planning Consultant shall examine such preliminary plat to determine the plat's conformance with the requirements of this chapter and shall file a written report of their findings with the Secretary of the Planning Board. Major subdivision applications shall require the "Low Impact Development Checklist" from Appendix A of the BMP Manual be submitted.
b.
The approving authority shall review the submission for its completeness
and take action on accepting or rejecting the submission as a complete
application no later than its first regular meeting following the
two (2) week review period. If incomplete, the material shall be returned
to the developer for a resubmission at least two (2) weeks prior to
a subsequent meeting.
c.
If in the opinion of the Board, the application for preliminary approval is complete the applicant will be so advised and a date set for a public hearing required pursuant to C.40:55D-1 et seq. The applicant shall provide notice of the hearing on the application for development in conformance with C.40:55D-12 and subsection 17-10.6 of this chapter and shall file an affidavit of proof of service thereof with the Secretary of the Board prior to the hearing.
d.
The approving authority shall take action after considering the results of the public hearing and the recommendations, if any, made by Municipal, State and County official or agency within the time period prescribed in subsection 17-9.8, or the application for preliminary approval shall be deemed approved.
e.
If the approving authority acts disfavorably on the application for preliminary approval the applicant shall be so advised in conformance with subsection 17-5.8 of this chapter.
f.
If the approving authority requires any substantial amendment in
the layout of improvements as proposed by the developer and that plan
has been the subject of a hearing, an amended application for development
shall be submitted and proceeded upon, as in the case of the original
application for development.
g.
If the approving authority acts favorably on a preliminary plat,
the Planning Board Chairman and Secretary shall affix their signatures
to the plat with a notation that it has received preliminary subdivision
approval, and a copy returned to the applicant with instructions to
proceed with final major subdivision approval requirements as prescribed
in this chapter.
[Ord. #1/6/78, A XII, § 3; Ord. #87-17, § 5]
b.
An original tracing and eight (8) copies of a final plat prepared in conformance with subsection 17-20.4 together with four (4) copies of the prescribed application forms shall be submitted to the Secretary of the approving authority for final approval twenty-one (21) days prior to a regular Board meeting. The Secretary shall immediately forward a copy thereof to the Planning Board Engineer, the Planning Consultant and the County Planning Board.
c.
The Planning Board Engineer shall examine the final plat to determine
if, in his opinion, it is in all respects accurate, meets the requirements
of this chapter and other applicable laws in particular "The Map Filing
Law," R.S. 46:23-10 to 23-11. The Planning Board Engineer shall thereupon
report his findings in writing to the Board.
d.
The approving authority shall review the submission for its completeness
and take action on accepting or rejecting the submission as a complete
application no later than its first regular meeting following the
two (2) week review period. If incomplete, the material shall be returned
to the developer for a resubmission at least two (2) weeks prior to
a subsequent meeting.
e.
The final plat shall be accompanied by a written statement from the Planning Board Engineer that he is in receipt of a map or maps showing all utilities in exact location and elevation identifying all portions already installed and that the applicant has complied with one (1) or both of the following: (1) installed all improvements in conformance with all requirements of this chapter; or (2) a performance guarantee has been posted with the Municipal Clerk in sufficient size and form and in conformance with Section 17-18 of this chapter to insure the completion of all required improvements.
f.
The Board shall either approve or disapprove the application for final approval, after considering the recommendations made by Municipal, State, or County officials or agencies within the time period prescribed in subsection 17-9.9 or the application for final approval shall be deemed approved.
g.
If the final plat is approved by the approving authority a notation
to that effect shall be made on each plat and shall be signed by the
Chairman and Secretary.
Divisions of land not considered a subdivision as defined
in the Chapter shall be exempt from compliance with the requirements
of this chapter only after affirmative action by the approving authority.
Such action shall be taken following submission of documentation to
the approving authority showing the division of land for agricultural
purposes where all resulting parcels are five (5) acres or larger
in size; divisions by testamentary or intestate provisions; divisions
of property by court order; and conveyances so as to combine existing
lots by deed or other instrument, as the case may be. Until exempted
from the subdivision regulations by the approving authority, no person
can transfer, sell, or agree to transfer or sell, as owner or agent,
any land which forms part of a subdivision for which approval is required.
[Ord. #1/6/78, A XII, § 4]
[Ord. #1/6/78, A XIII, § 1; Ord. #90-07, § 3]
The purpose of this section of the Development Chapter is to
provide a review of certain construction in the Municipality in order
to promote the safety, general welfare, and health of its inhabitants,
enhance the general appearance of the Municipality and further promote
the harmonious use, development and design of buildings therein.
All applications to the Administrative Official for a building
permit for the use or construction of a new building, structure, parking
lot, wall, etc., or other use or alteration of an existing building,
use, parking lot, wall, etc., or other construction or change of use
other than one (1) single-family detached residential use or one (1)
detached two-family residential use and/or permitted accessory uses
(unless such dwelling is part of a residential development in construction
or planned for construction), an application shall be made for a site
plan approval subject to the standards herein specified.
In the case of a change in use, a site plan shall be required
unless the change is from a present or approved use to a use where
the minimum requirements under the existing zoning ordinance requirements
are met. This includes, but is not limited to, off-street parking
requirements.
In the case of the first addition or alteration, modification
or repair to an existing residential use requiring site plan approval
or a commercially used or occupied building or structure, those site
plan approvals shall be required of the addition or alteration does
not increase the area of the building or structure by more than ten
(10%) percent and further provided that the addition or modification
meets all other zoning requirements such as, but not limited to, height,
setbacks and lot coverage limitations.
No site plan approval shall be required for internal repairs
or for external decorations or installations in any building as such
terms are defined in the Zoning Code of this Municipality.
This chapter shall not limit the requirements for submission
of any variance process or subdivision plans for subdivision approval
as otherwise provided by an ordinance in existence or any ordinance
hereinafter enacted in the Municipality nor shall site plan approval
be required as to any major subdivision as to which final approval
has been given prior to the effective date hereof, and if building
permits relating to such subdivisions are secured prior to the passage
of this chapter.
[Ord. #1/6/78, A XIII, § 2; Ord. #87-17, § 5;
Ord. #2007-13, § 3]
a.
Ten (10) copies of a site plan for preliminary approval prepared in accordance with subsection 17-15.5, together with five (5) copies of the completed application forms shall be submitted to the secretary of the appropriate approving board at least fourteen (14) days prior to the regularly scheduled meeting at which consideration is desired. The secretary shall forward a copy of the site plan for preliminary approval to the County Planning Board, Municipal Clerk, Planning Board Engineer, Planning Consultant, Construction Code Official, for review and comment, if deemed appropriate; however, the Planning Board Engineer and Planning Consultant shall examine the site plan to determine its conformance with requirements of this chapter and shall file a written report of their findings with the secretary of the Board. Developments meeting the most current definition of a "Major Development" must comply with the Low Impact Development Checklist from Appendix A of the BMP Manual.
b.
The approving board shall review the submission for its completeness
and, if incomplete, the material shall be returned to the developer
for a resubmission at least fourteen (14) days prior to a subsequent
meeting.
c.
Before any action is taken on any preliminary site plan, the approving
board shall conduct a hearing with appropriate public notice as established
in this chapter. No action shall be taken until completion of the
public hearing and the scheduling and notifications for the hearing
shall be in accordance with this chapter and the Act.
d.
If the approving board requires any substantial amendment in the
layout of improvements as proposed by the developer and that plan
had been the subject of a hearing, an amended application for development
shall be submitted and proceeded upon, as in the case of the original
application for development.
e.
The approving board shall take action after considering the results
of the public hearing and the recommendations made by Municipal, State,
and County officials or agencies within their time period prescribed,
or the application for preliminary approval shall be deemed approved.
f.
If the approving board acts disfavorably on the application for preliminary
site plan approval the applicant shall be so advised.
g.
Upon the submission of a complete application for a site plan for
ten (10) acres of land or less, the Planning Board shall grant or
deny preliminary approval within forty-five (45) days of the date
of such submission or within such further time as may be consented
to by the developer. Upon the submission of a complete application
for a site plan of more than ten (10) acres, the Planning Board shall
grant or deny preliminary approval within ninety-five (95) days of
the date of such submission or within such further time as may be
consented to by the developer. Otherwise, the Planning Board shall
be deemed to have granted preliminary approval of the site plan.
h.
If classified and approved as a minor site plan by majority vote
of members of the approving board present at the hearing, a notation
to that effect and the signatures of the Chairman and secretary will
be made on the plan. The Board may condition such approvals on terms
insuring provision of improvements pursuant to Sections 29, 29.1 and
41 of the Act and/or favorable review of the County Planning Board
or approval by County Planning Board by its failure to report thereon
within the required time period. Final site plan submission may be
waived for an approved minor site plan, by a majority vote of the
Board.
i.
One (1) copy of the signed and approved site plan shall be forwarded
to the applicant within ten (10) days of approval of said application.
j.
If classified as a major site plan by a majority vote of the approving
board, the Chairman and secretary shall affix their signatures to
the site plan with a notation that it has received preliminary approval,
and a copy returned to the applicant with instructions to proceed
with final site plan procedures as prescribed in this chapter.
[Ord. #1/6/78, A XIII, § 3; Ord. #87-17, § 5]
a.
Before consideration of a final site plan, the applicant shall have
installed the improvements required under this chapter or shall have
posted adequate performance guarantees to assure the installation
of required improvements.
b.
The applicant shall submit to the secretary of the appropriate approving board for final site plan approval fourteen (14) days prior to a regular meeting ten (10) copies of a final site plan plat prepared in conformance with subsection 17-15.6 together with five (5) copies of the prescribed application forms. The secretary shall immediately forward a copy thereof to the Planning Board Engineer, the Planning Consultant, the Municipal Clerk, and the County Planning Board.
c.
The Planning Consultant and Planning Board Engineer shall examine
the submitted final site plan to determine the plat's conformance
with the requirements of this chapter and file a written report of
their findings and recommendations with the Secretary of the Board.
d.
The Board shall notify the applicant if the application and/or plat
is found to be incomplete and the specific deficiencies in said application
and/or plat shall be deemed to be properly submitted and complete.
e.
The final site plan shall be accompanied by a written statement from
the Planning Board Engineer that he is in receipt of a map or maps
showing all utilities in exact location and elevation, identifying
all portions already installed and that the applicant has complied
with one (1) or both of the following: (1) installed all improvements
in conformance with all requirements of this chapter; or (2) a performance
guarantee has been posted with the Municipal Clerk in sufficient size
and form and in conformance with this chapter to insure the completion
of all required improvements.
f.
Final approval shall be granted or denied within forty-five (45)
days after submission of a complete application or within such further
time as may be consented to by the applicant. Failure of the Planning
Board to act within the period prescribed shall constitute final approval
and a certificate of the administrative officer as to the failure
of the Planning Board to act shall be sufficient in lieu of the written
endorsement or other evidence of approval, herein required, and shall
be so accepted.
Whenever review or approval of the application by the County
Planning Board is required by section 8 of P.L. 1968, c 285 (C.40:27-6.6)
the Planning Board shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the County
Planning Board or approval by the County Planning Board by its failure
to report thereon within the required time period.
g.
The Board shall either approve or disapprove the application for
final approval, after considering the recommendations made by Municipal,
State, or County officials or agencies within the time period prescribed
in this chapter or the application for final approval shall be deemed
approved.
h.
If the final plat is approved by the Planning Board, a notation to
that effect shall be made on each plat and shall be signed by the
Chairman and the Secretary.
[Ord. #1/6/78, A XIII, § 4]
The Planning Board when acting upon applications for preliminary
site plan approval shall have the power to grant such exceptions from
the requirements for site plan approval as may be reasonable and within
the general purpose and intent of the provisions for site plan review
and approval of an ordinance adopted pursuant to this section, if
the literal enforcement of one (1) or more provisions of the ordinance
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
[Ord. #1/6/78, A XIII, § 5; Ord. #2007-13, § 4]
a.
A minor site plan, i.e. a development or building alteration requiring
less than ten (10) parking spaces, containing less than two thousand
five hundred (2,500) new or additional square feet of floor area,
and not having more lot coverage than as permitted in the zone bulk
schedule, shall provide the following minimum plat details in order
to be considered for classification and approval:
1.
A scale of not less than twenty (20') feet to the inch. All distances
shall be in feet and decimals of a foot, and all bearings shall be
given to the nearest ten (10) seconds. The error of closure shall
not exceed one (1) to ten thousand (10,000).
2.
The names of all owners of record of all adjacent properties within
a distance of two hundred (200') feet and the blocks and parcel numbers
of such properties.
3.
The zone wherein the tract is located and boundaries of such zone.
Such features shall be shown on a separate map or as a key map. This
key map should encompass a five hundred (500') foot radius.
4.
Existing and proposed boundaries of the property, building, or setback
lines, and lines of existing streets, lots, reservations, easements
and areas dedicated to public use.
5.
A copy of any existing or proposed covenants or deed restrictions
that are intended to cover all or any part of the tract, their location,
size and nature.
6.
Location and dimension of existing and proposed buildings which shall
remain and all other structures such as walls, fences, culverts, bridges,
roadways, etc., with spot elevations of such structures. The outline
of structures that are to be removed shall be indicated by a dashed
line and those that shall remain shall be shaded.
7.
Location of all existing and proposed storm drainage facilities including
all inlets and utility lines, whether publicly or privately owned,
with pipe sizes, type, grades, and direction of flow; in conformance
with the standard specifications of the Municipality.
8.
Existing contours with maximum intervals of two (2') feet where slopes
are less than five (5%) percent and five (5') feet when five (5%)
percent or more, referred to a datum as provided by N.J. G.C.S. Datum
or by the Municipal Engineer to be indicated by a dashed line. Where
any changes in contours are proposed, finished grades should be shown
as solid lines.
9.
Location of existing rock outcrops, high points, watercourses, depressions,
ponds, marshes, wooded areas, single trees not in wood area with a
diameter of six (6") inches or more as measured three (3') feet above
the base of the trunk and other significant existing features, including
previous flood elevations of watercourses, pond and marsh areas as
determined by survey.
10.
Title of development, north point, scale, name and address of record
owner; professional engineer, architect, land planner or surveyor
preparing the Site Development Plan, New Jersey license number, date
of preparation, and all revisions. If application is a corporation,
the names and addresses of all corporate officers must be identified.
11.
A survey prepared by a licensed surveyor of the State of New Jersey
shall accompany the site plan and shall show the boundaries of the
parcel and the limits of all proposed streets, recreation areas, and
other property to be dedicated to public use. The applicant shall
submit such other exhibits of an architectural or planning nature
as may be reasonably required by the Planning Board, or as required
by any ordinance now in existence or any ordinance hereinafter enacted.
12.
All proposed streets with: (a) profiles indicating grading; and (b)
cross-sections showing width of roadways, location and width of sidewalk
and curbs, according to the standards and specifications of the Municipality.
13.
The proposed use or uses of land and buildings and proposed location
and dimensions of buildings, including proposed grades at all corners
of the building(s).
14.
The location, type, and size of all means of vehicular ingress and
egress both existing and proposed to public streets, showing size
and location of driveways, curb cuts and sidewalks, and the location
and width of all driveways on adjacent property within fifty (50')
feet of the proposed site.
15.
The location and design of any off-street parking areas or loading
areas, showing size and location of bays and spaces, aisles and barriers
and the total number of parking spaces and loading bays to be provided.
16.
The location and size, grade and type of all proposed water lines,
valves and hydrants and for all sewer lines or alternative means of
water supply or sewage disposal and treatment in conformance with
the applicable standards of the State of New Jersey.
17.
The proposed location, direction of illumination, power and time
of proposed outdoor lighting in conformance with the applicable standards
as may be applied by the Planning Board in conjunction with the supplying
utility companies.
18.
The proposed screening and landscaping, including a planting plan.
19.
Proposed signs, fences, buffer areas which shall be provided for
the purpose of isolating the activities conducted on the tract, if
any.
20.
A written description of all proposed operations or activities in
sufficient detail to indicate their effects in producing traffic,
noise, glare, air or water pollution, fire or safety hazards.
21.
Such other information or data as may be required by the Planning
Board in order to determine that the details of the site plan are
in accord with the standards of this chapter and all other ordinances
of the Municipality, and, further that the building or use will not
offend the public interest.
22.
The Tax Map block and lot number, and sheet number of the lot or
lots involved.
23.
The location, size, nature and acreage (to the nearest tenth) of
the entire lot or lots in question, and any contiguous lots owned
by the applicant or in which the applicant has a direct or indirect
interest.
24.
The location and elevation of the high water mark of any water body
located on or abutting the site in question, and the direction of
flow of any stream on or abutting the site, and a cross-section of
the stream as built.
25.
An appropriate place for the approving signature of the Chairman
and secretary of the approving board and the date of signature of
approval and when required for County site plan review, an appropriate
place for the approving signatures of the County Planning Board Secretary,
and Planning Director.
26.
The location, method of storage, method of disposal of solid waste
materials and provision for screening of same.
27.
For any development meeting the most current definition of "major
development" must comply with the Stormwater Management rules N.J.A.C.
7:8.
[Ord. #1/6/78, A XIII, § 6; Ord. #2007-13, § 5]
Each major site plan for preliminary site plan approval shall
provide, as a minimum, the following information, designed in compliance
with the Design Performance Standards, and the Zoning Regulations
of this chapter.
a.
All plot plat detail requirements as set forth in subsection 17-15.5 of this Site Plan Review regulation.
b.
Building and use plan. Size, height, location, arrangement and use
of all proposed buildings, structures, and signs, including an architect's
scaled elevations of the front, side and rear of any structure and
sign to be erected or modified to the extent necessary to apprise
the approving board of the scope of the proposed work, shall be shown.
Any existing structures shall be identified either to remain or to
be removed. A written description of the proposed use(s) and operation(s)
of nonresidential building(s) including the number of employees or
members; the proposed number of shifts to be worked and the maximum
number of employees on each shift; expected truck and tractor-trailer
traffic; emission of noise, glare, vibration, heat, odor, air and
water pollution; safety hazards; and anticipated expansion plans incorporated
in the building design. Floor plans shall be submitted. In apartment
and townhouse projects, the number of dwelling units, by type, shall
be shown.
c.
Facilities plan. This plan shall show the existing and proposed locations
of all drainage and stormwater run-off; open space; common property;
fire, gas, electric, telephone, sewerage and water line locations;
and solid waste collection and disposal methods including proposed
grades, sizes, capacities, and materials to be used for facilities
installed by the developer. Installations by utility companies need
only show their locations on the plat. All easements acquired or required
on the tract and across adjacent properties shall be shown and copies
of legal documentation that support the granting of an easement by
an adjoining property owner shall be included. All proposed lighting
shall be shown including the direction, angle, height, and reflection
of each source of light. All utilities shall be installed underground.
All required state and federal approvals for environmental considerations
shall be submitted prior to preliminary approval or be a condition
of approval. Drainage facilities shall include facilities to comply
with the stormwater run off provisions in the standards. Any development
meeting the most current definitions of "major development" must comply
with the Stormwater Management Rules N.J.A.C. 7:8. The method of sewage
treatment and solid waste disposal shall be shown. Such plans shall
be reviewed by the Board of Health, or Municipal Engineer, as applicable,
with recommendations to the approving board. All public services shall
be connected to an approved public utilities system.
d.
Circulation plan. This plan shall show access streets and street
names, acceleration/deceleration lanes, curbs, aisles and lanes, access
points to public streets, sight triangles, traffic channelization,
easements, fire lanes, driveways, number and location of parking and
loading spaces/loading berths and/or docks, pedestrian walks, bikeways
and all related facilities for the movement and storage of goods,
vehicles and persons on the site and including lights, lighting standards,
signs and driveways within the tract and within one hundred (100')
feet of the tract. Sidewalks shall be shown from each entrance/exit
along expected paths of pedestrian travel such as but not limited
to: access to parking lots, driveways, other buildings. Plans shall
be accompanied by cross-sections of new streets, aisles, lanes, driveways,
sidewalks, and bikeways. Any expansion plans for the proposed use
shall show feasible parking and loading expansion plans to accompany
building expansion.
e.
Natural resources plan. This plan shall show existing and proposed
wooded areas, buffer areas including the intended screening devices
and buffers, grading at two (2') foot contour intervals inside the
tract and within fifty (50') feet of its boundaries, seeded and/or
sodded areas, ground cover, retaining walls, fencing, signs, recreation
areas, shrubbery, trees, and other landscaping features. These plans
shall show the location and type of man-made improvements and the
location, species, and caliper of plant material and trees to be located
on the tract. All portions of the property not utilized by buildings
or paved surfaces shall be landscaped utilizing combinations such
as landscaped fencing, shrubbery, lawn area, ground cover, rock formations,
contours, existing foliage, and the planting of coniferous and/or
deciduous trees native to the area in order to maintain or re-establish
the tone of the vegetation in the area and lessen the visual impact
of the structures and paved areas. The established grades and landscaping
on any site shall be planned for aesthetic, drainage, and erosion
control purposes. The grading plan, drainage facilities, and landscaping
shall be designed to prevent erosion and siltation as well as assuring
that the capacity of any natural or man-made drainage system is sufficient
to handle the water from the site and contributing upstream areas.
[Ord. #1/6/78, A XIII, § 7]
The final site plan shall include all data required on the preliminary
site plan drawn to incorporate all changes required as a condition
of preliminary approval and drawn by persons and specifications as
required for a preliminary site plan.
[Ord. #1/6/78, A XIV]
Before any permit shall be issued for a conditional use, applications
shall be made to the Planning Board. The Planning Board shall grant
or deny the application after public hearing, but within ninety-five
(95) days of submission of a complete application to the Administrative
Officer or within such further time as may be consented to by the
applicant. Where a conditional use application involves a site plan
or subdivision, notice of the hearing shall include reference to all
matters being heard and the Planning Board shall review and approve
or deny the subdivision or site plan simultaneously with the conditional
use application. Failure of the Planning Board to act within the required
time period shall constitute approval of the application. In reviewing
the conditional use application, the Planning Board shall review the
number of employees or users of the property, the requirements set
forth in the Chapter, and shall give due consideration to all reasonable
elements which would affect the public health, welfare, safety, comfort,
and convenience such as, but not limited to, the proposed use(s),
the character of the area, vehicular travel patterns and access, pedestrian
ways, landscaping, lighting, signs, drainage, sewage treatment, potable
water supply, utilities, and structural location(s) and orientation(s),
and shall conduct a public hearing on the application. The use for
which conditional uses are granted shall be deemed to be permitted
uses in their respective districts, and each conditional use shall
be considered as an individual case. In all requests for approval
of conditional uses, the burden of proof shall be on the applicant.
All conditional uses shall require site plan review and approval by
the Planning Board. Prior to making its decision, the Planning Board
shall be satisfied that the conditional use is reasonably necessary
for the convenience of the public in the location proposed. In the
granting of conditional uses, a time limit of one (1) year from the
date of the variance approval shall be set within which time the owner
shall secure a building permit, otherwise, the variance granted shall
be null and void.
[Ord. #1/6/78, A XV, § 1]
The Planning Board, when acting upon applications for preliminary
or minor subdivision approval shall have the power to grant such exceptions
from the requirements for subdivision approval as may be reasonable
and within the general purpose and intent of the provisions for subdivision
review and approval of this chapter if the literal enforcement of
one (1) or more provisions of this chapter is impracticable or will
exact undue hardship because of peculiar conditions pertaining to
the land in question.
[Ord. #1/6/78, A XV, § 2]
The Planning Board when acting upon applications for preliminary
site plan approval shall have the power to grant such exceptions from
the requirements for site plan approval as may be reasonable and within
the general purpose and intent of the provisions for site plan review
and approval of this chapter, if the literal enforcement of one (1)
or more provisions of this chapter is impracticable or will exact
undue hardship because of peculiar conditions pertaining to the land
in question.
[Ord. #1/6/78, A XV, § 3]
The Planning Board shall have the power to review and approve
or deny conditional uses or site plans simultaneously with review
for subdivision approval without the developer being required to make
further application to the Planning Board or the Planning Board being
required to hold further hearings. The longest time period for action
by the Planning Board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this section, notice
of the hearing on the plant shall include reference to the request
for such conditional use.
[Ord. #1/6/78, A XVI, § 1; Ord. #87-17 § 5;
Ord. #2018-05]
a.
Developers shall post the necessary performance guarantees and maintenance
guarantees as provided for in N.J.S.A. 40:55D-53, as modified by P.L.
2017, c.312.
b.
In accordance with N.J.S.A. 40:55D-53, as modified by P.L. 2017,
c.312, the Borough requires any performance guarantee to include,
within an approved phase or section of a development privately-owned
perimeter buffer landscaping, as required by local ordinance or imposed
as a condition of approval. At the developer's option, a separate
performance guarantee may be posted for the privately-owned perimeter
buffer landscaping.
c.
In the event that the developer shall seek a temporary certificate
of occupancy for a development, unit, lot, building, or phase of development,
as a condition of the issuance thereof, the developer shall furnish
a separate guarantee, referred to herein as a "temporary certificate
of occupancy guarantee," (TCOG) in favor of the Borough in an amount
equal to 120% of the cost of installation of only those improvements
or items (including both private on-site and to be publicly dedicated)
which remain to be completed or installed under the terms of the temporary
certificate of occupancy and which are required to be installed or
completed as a condition precedent to the issuance of the permanent
certificate of occupancy for the development, unit, lot, building
or phase of development and which are not covered by an existing performance
guarantee. Upon posting of a "temporary certificate of occupancy guarantee,"
all sums remaining under a performance guarantee, required pursuant
to paragraph a above, which relates to the development, unit, lot,
building, or phase of development for which the temporary certificate
of occupancy is sought, shall be released. No same item may be included
in multiple performance bonds. The scope and amount of the "temporary
certificate of occupancy guarantee" shall be determined by the municipal
engineer. The "temporary certificate of occupancy guarantee" shall
be released by the municipal engineer upon the issuance of a permanent
certificate of occupancy with regard to the development, unit, lot,
building, or phase as to which the temporary certificate of occupancy
relates, upon submission of a Maintenance Guarantee.
d.
A developer shall furnish to the Borough a "safety and stabilization
guarantee," in favor of the Borough. At the developer's option, a
"safety and stabilization guarantee" may be furnished either as a
separate guarantee or as a line item of the performance guarantee.
A "safety and stabilization guarantee" shall be available to the Borough
solely for the purpose of returning property that has been disturbed
to a safe and stable condition or otherwise implementing measures
to protect the public from access to an unsafe or unstable condition,
only in the circumstance that: (i) site disturbance has commenced
and, thereafter, all work on the development has ceased for a period
of at least 60 consecutive days following such commencement for reasons
other than force majeure, and (ii) work has not recommenced within
30 days following for the provision of written notice by the Borough
to the developer of the Borough's intent to claim payment under the
guarantee.
The amount of a "safety and stabilization guarantee" for a development
with bonded improvements in an amount not exceeding $100,000.00 shall
be $5,000.00.
The amount of a "safety and stabilization guarantee" for a development
with bonded improvements exceeding $100,000.00 shall be calculated
as a percentage of the bonded improvement costs of the development
or phase of development as follows: $5,000.00 for the first $100,000.00
of bonded improvement costs, plus two and a half percent of bonded
improvement costs in excess of $100,000.00 up to $1,000,000.00, plus
one percent of bonded improvement costs in excess of $1,000,000.00.
The Borough shall release a separate "safety and stabilization
guarantee" to a developer upon the developer's furnishing of a performance
guarantee which includes a line item for safety and stabilization
in the amount required under this paragraph.
The Borough shall release a "safety and stabilization guarantee"
upon the municipal engineer's determination that the development of
the project site has reached a point that the improvements installed
are adequate to avoid any potential threat to public safety.
e.
Inspection fees.
1.
Base Fees for Inspections are:
(a)
Not to exceed, except for extraordinary circumstances, the greater
of $500.00 or, except for extraordinary circumstances, the greater
of $500.00 or 5% of the cost of bonded improvements that are subject
to a performance guarantee pursuant to paragraph a above; and
(b)
Not to exceed 5% of the cost of private site improvements that
are not subject to a performance guarantee under paragraph a above,
which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
2.
For those developments for which the inspection fees are total less
than $10,000.00, fees may, at the option of the developer, be paid
in two installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the municipal engineer
for inspection inspections, the developer shall deposit the remaining
50% of the inspection fees.
3.
For those developments for which the inspection fees are total $10,000.00
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the municipal engineer
for inspection the developer shall make additional deposits of 25%
of the inspection fees. The municipal engineer shall not perform any
inspection if sufficient funds to pay for those inspections are not
on deposit.
4.
If the Borough determines that the amount in escrow for the payment
of inspection fees, as calculated pursuant to paragraphs e.1(a) and
e.1(b), is insufficient to cover the cost of additional required inspections,
the Borough may require the developer to deposit additional funds
in escrow provided that the Borough delivers to the developer a written
inspection escrow deposit request, signed by the municipal engineer,
which: informs the developer of the need for additional inspections,
details the items or undertakings that require inspection, estimates
the time required for those inspections, and estimates the cost of
performing those inspections.
[Ord. #1/6/78, A XVI, § 2]
The amount of any performance guarantee may be reduced by the
Borough Council, by resolution, when portions of the improvements
have been certified by the Borough Engineer to have been completed.
The time allowed for installation of the improvements for which the
performance guarantee has been provided may be extended by the body
by resolution.
a.
If the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon to the Municipality for the reasonable cost of the
improvements not completed or corrected and the Municipality may either
prior to or after the receipt of the proceeds thereof complete such
improvements.
b.
When all of the required improvements have been completed, the obligor
shall notify the Borough Council in writing, by certified mail addressed
in care of the Borough Clerk of the completion of the improvements
and shall send a copy thereof to the Borough Engineer. Thereupon the
Borough Engineer shall inspect all of the improvements and shall file
a detailed report, in writing, with the Borough Council, indicating
either approval, partial approval or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
c.
The Borough Council shall either approve, partially approve or reject
the improvements, on the basis of the report of the Borough Engineer
and shall notify the obligor in writing, by certified mail, of the
contents of the report and the action of the approving authority with
relation thereto, not later than sixty-five (65) days after receipt
of the notice from the obligor of the completion of the improvements.
Where partial approval is granted, the obligor shall be released from
all liability pursuant to its performance guarantee, except for that
portion adequately sufficient to secure provision of the improvements
not yet approved. Failure of the Borough Council to send or provide
such notification to the obligor within sixty-five (65) days shall
be deemed to constitute approval of the improvements and the obligor
and surety, if any, shall be released from all liability, pursuant
to such performance guarantee.
d.
If any portion of the required improvements are rejected, the approving
authority may require the obligor to complete such improvements and,
upon completion, the same procedure of notification, as set forth
in this subsection shall be followed.
e.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Borough Council or the Borough Engineer. The Municipality shall return
any balance of the inspection fee to the development applicant upon
expiration of the maintenance bond, together with a statement of charges
against this amount.
[Ord. #1/6/78, A XVII, § 1]
Preliminary approval of a major subdivision pursuant to subsection 17-14.2 of this chapter or of a site plan pursuant to subsection 17-15.2 of the Chapter shall, except as provided in paragraph d of this subsection, confer upon the applicant the following rights for a three (3) year period from date of preliminary approval:
a.
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to Section 17-15 of this chapter, except that nothing herein shall be construed to prevent the Municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;
b.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary subdivision plat or site plan, as the
case may be;
c.
That the applicant may apply for and the Planning Board may grant
extensions on such preliminary approval for additional periods of
at least one (1) year but not to exceed a total extension of two (2)
years, provided that if the design standards have been revised by
ordinance, such revised standards may govern.
d.
In the case of a subdivision of or site plan for an area of fifty
(50) acres or more, the Planning Board may grant the rights referred
to in paragraphs a, b and c above for such period of time, longer
than three (3) years, as shall be determined by the Planning Board
to be reasonable taking into consideration: (1) the number of dwelling
units and nonresidential floor area permissible under preliminary
approval; (2) economic conditions; and (3) the comprehensiveness of
the development. The applicant may apply for thereafter and the Planning
Board may thereafter grant an extension to preliminary approval for
such additional period of time as shall be determined by the Planning
Board to be reasonable taking into consideration: (1) the number of
dwelling units and nonresidential floor area permissible under preliminary
approval; and (2) the potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval; (3)
economic conditions; and (4) the comprehensiveness of the development;
provided that if the design standards have been revised, such revised
standards may govern.
[Ord. #1/6/78, A XVII, § 2]
The final approval of a site plan or major subdivision has the
following effect:
a.
The zoning requirements applicable to preliminary approval first granted and all other rights conferred upon the developer pursuant to subsection 17-19.1 whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval; provided that in the case of major subdivision the rights conferred by this subsection shall expire if the plat has not been duly recorded within the time period provided in subsection 17-9.9 of this chapter. If the developer has followed the standards prescribed for final approval, and in the case of a subdivision has duly recorded the plat as required in subsection 17-14.3 of this chapter, the Planning Board may extend such period of protection for extensions of one (1) year but not to exceed three (3) extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to subsection 17-19.1, above for the section granted final approval.
b.
In the case of a subdivision or site plan of fifty (50) acres or
more, the Planning Board may grant the rights referred to in paragraph
a of this subsection for such period of time, longer than two (2)
years, as shall be determined by the Planning Board to be reasonable
taking into consideration: (1) the number of dwelling units and nonresidential
floor area permissible under final approval; (2) economic conditions;
and (3) the comprehensiveness of the development. The developer may
apply for thereafter, and the Planning Board may thereafter grant
an extension of final approval for such additional period of time
as shall be determined by the Planning Board to be reasonable taking
into consideration: (1) the number of dwelling units and nonresidential
floor area permissible under final approval; (2) the number of dwelling
units and nonresidential floor area remaining to be developed; (3)
economic conditions; and (4) the comprehensiveness of the development.
[Ord. #1/6/78, A XVIII, § 1]
No development application shall be accepted unless submitted
in plat form and no plat shall be accepted for consideration unless
it conforms to the following requirements as to form, content and
accompanying information, and complies with the provisions of N.J.S.A.
46-23.1 et seq. (Map Filing Law), as amended. All plats shall be drawn
by a land surveyor as required by law, licensed to practice in the
State of New Jersey, and shall bear the signature, seal, license number
and address of the land surveyor except that sketch plats of minor
subdivisions and minor site plans are exempt from this requirement.
All drawings of improvements shall be signed and sealed by a licensed
professional engineer of the State of New Jersey.
[Ord. #1/6/78, A XVIII, § 2]
a.
All graphic submissions for subdivision sketch plat classification
shall provide the following information and data as a minimum:
1.
Scale not less than one inch equals one hundred (1" = 100') feet;
north arrow.
2.
Name and address of applicant.
3.
Date of original drawing.
4.
Date of all revisions.
5.
Municipality, County and State.
6.
Area and dimension of entire tract, distance to nearest street intersection.
7.
Area and dimension or portion of tract being subdivided; (or)
8.
Area and dimension of each lot to be created.
9.
Location and dimension of all existing and proposed lot lines.
10.
Location of all existing structures within subdivision.
11.
Building offsets to all property lines at closest points.
12.
All structures on adjoining lots, with offsets to all property lines
common to the subdivision.
13.
Name and address of owner, and consent to subdivide.
14.
Setback lines.
15.
Name of all adjoining property owners, and those directly across
the street, with block and lot numbers from most recent tax records.
16.
All existing and proposed streets, roads, and streams within five
hundred (500') feet. (Key Map)
17.
Tax Map sheet, block, and lot numbers of subdivision lands.
18.
Street numbers of existing structures within subdivision.
19.
Zoning district(s), and listing of zone bulk requirements.
20.
Proposed block and lot design, if new streets are proposed.
21.
Name, right-of-way width and pavement width of all existing or proposed
streets within or adjacent to subdivision.
22.
Location of nearest sanitary and storm sewer, water line.
23.
Locate and dimension all existing and proposed easements, rights-of-way,
land reservations within the subdivision; and owner.
24.
Name, address of persons preparing sketch, and signature.
25.
Such other details as may be required by the Planning Board.
[Ord. #1/6/78, A XVIII, § 3]
a.
All graphic submissions for preliminary subdivision approval shall
provide the following information and data as a minimum:
1.
Scale not less than one inch equals one hundred (1" = 100') feet;
north arrow.
2.
Date of original drawing.
3.
Date of all revisions.
4.
Municipality, County, and State.
5.
Key map showing the entire subdivision in relation to surrounding
one-quarter (1/4) mile radius, at a scale of not less than one inch
equals one thousand (1" = 1000') feet.
6.
Dimensions and label portion of entire tract to be subdivided.
7.
Tax Map block number(s), lot number(s), sheet number(s), tract name,
street numbers.
8.
Name and address of owner.
9.
Name and address of applicant.
10.
Statement of owner's consent to file for subdivision.
11.
Acreage to nearest tenth of entire subdivision tract.
12.
Dimensions and area in square footage of each lot to be created.
13.
Existing topographic contour shown in dashed lines at two (2') foot
intervals over the entire subdivision tract.
14.
Proposed topographic contour shown in solid lines at two (2') foot
intervals over the entire subdivision tract.
15.
Drainage runoff direction on each proposed lot indicated by arrows.
16.
Proposed elevations shown at each lot corner and at building corners,
and finished first floor.
17.
Location and dimension of all existing and proposed property lines,
streets, sidewalks, buildings, watercourses, railroads, bridges, curbs,
culverts, wooded areas, rock formations located within the entire
subdivision.
18.
Plans and profiles of proposed storm and sanitary sewer lines, water
lines showing connections to existing systems.
19.
Typical construction detail sheet showing cross-sectional details
of manholes, inlets, pavement, curbs, sidewalks, headwalls, etc.
20.
Center line profile of full extent of all proposed streets.
21.
Cross-sections of all streets from property line to center line indicating
location and detailing of sidewalks, curbs and paving.
22.
Dimension and identify all existing and proposed easements, rights-of-way
and reservations within the entire tract, indicate owner, use and
purpose.
23.
Name, address, license number of professional engineer and licensed
land surveyor designing and drawing map, signed and sealed.
24.
Zoning district(s), with listing of minimum bulk requirements.
25.
All block and lot numbers, with names and addresses of all lots at
or within two hundred (200') feet of this subdivision as disclosed
by most recent tax records.
26.
Such other details as may be required by the Planning Board.
[Ord. #1/6/78, A XVIII, § 4]
a.
All graphic submissions for final subdivision approval shall provide
the following information and data as a minimum:
1.
Indicated scale not less than one inch equals fifty (1" = 50') feet;
north arrow, plat done in ink.
2.
Compliance with provisions of Chapter 141 of the Laws, 1960.
3.
Date of original drawing.
4.
Date of all revisions.
5.
Name of subdivisions.
6.
Municipality, County, State.
7.
Tract boundary lines, all lot lines, other site lines.
8.
Right-of-way lines of streets, street names, right-of-way widths.
9.
Easements and other rights-of-way, dimensions and purpose.
10.
Lands reserved or dedicated to public use, and their purpose.
11.
Accurate dimensions, bearings or deflection angles, radii, arcs,
tangents, central angles of all curves, distances to street intersections
of all tract lines.
12.
Consecutive numbering from the Tax Assessor of each block and each
lot as directed.
13.
Minimum building setback line on all lots and other sites.
14.
Location and description of all monuments, existing or to be set
in place.
15.
Name of owner of any adjoining, unsubdivided land.
16.
Certification of accuracy of plat details by a professional engineer
and licensed land surveyor.
17.
Certification that the applicant is the owner or agent of the land,
or that the owner has given consent to subdivide.
18.
Certification of approval by the Planning Board Engineer.
19.
Certification of approval by the Ocean County Planning Board.
20.
Certification of the approval of any officer or body of the Municipality,
County, or State, as required.
21.
Statement of all covenants, easements, rights-of-way, deed restrictions
traversing the land to be subdivided.
22.
Plans, profiles, and cross-sections of all grading, paving, curbs,
sidewalks, storm and sanitary sewers and appurtenances, water lines,
fire hydrants, gas lines, culverts, bridges, ditches, railroads, as-builts
and approved by the Planning Board Engineer.
23.
Finished contour at five (5') foot intervals for slopes averaging
ten (10%) percent or greater, or at two (2') foot intervals for lands
of lesser slope.
24.
Certification from Tax Collector that all taxes are paid to date.
25.
Such other details as may be required by State, County, or Municipal
laws or as may be required by the Planning Board.
[Ord. #1/6/78, A XIX, § 1]
a.
All construction shall be performed in accordance with the details
and specifications of the Municipality and Standard Specifications
for Road and Bridge Construction of the New Jersey Department of Transportation.
b.
The developer shall employ a New Jersey licensed professional engineer
and/or architect to prepare all plans and specifications or similar
documents and a licensed land surveyor of New Jersey to make land
surveys.
c.
Construction shall be performed under the supervision and inspection
of the Borough Engineer under the regulations defined elsewhere herein.
d.
Minor modifications or changes in the approved plans and specifications
may be effected only upon written approval of the Borough Engineer
but some changes may require further review and approval of the Planning
Board prior to making any change.
[Ord. #1/6/78, A XIX, § 2; Ord.
No. 2007-13, §§ 6—12]
a.
Accessory buildings. Any accessory building attached to a principal
building is part of the principal building and shall adhere to the
yard requirements for the principal building.
b.
Apartments and townhouses.
1.
Each overall development shall have a compatible architectural and
landscaping theme with variations in design to provide attractiveness
to the development. Each project shall specify how each of the following
considerations has been incorporated in the overall plans; landscaping
techniques; building orientation to the site and to other structures;
topography; natural features such as wooded areas, drainage courses,
soil conditions, and topographic relief; and building design features
such as varying unit widths, staggering five (5') foot unit setbacks,
providing different exterior materials, changing roof lines and roof
designs, altering building heights, and changing types of windows,
shutters, doors, porches, colors, and vertical or horizontal orientation
of the facades, singularly or in combination.
2.
The configuration of structures may be any alignment that meets the
yard requirements and does not exceed the following overall or component
building lengths: (1) two hundred (200') feet on one (1) plane; (2)
three hundred forty (340') feet on the second line of any angled building;
and (3) five hundred (500') feet. The required passageway between
two (2) structures which has a roof attached to both structures shall
be included in calculating these lengths. Structures, as measured
along the center line, shall provide one (1) opening at ground level,
at least every one hundred twenty (120') feet. This opening shall
be a minimum of fifteen (15') feet in clear width and a minimum of
ten (10') feet in clear height and located so that the floor level
is at an elevation not more than eight (8") inches above or below
the finished grade of the adjoining ground. The configuration of townhouse
structures may be any alignment that meets the yard requirements,
but has not less than four (4) nor more than six (6) units in one
overall structure.
3.
No dwelling unit shall have a living area level lower than finished
grade along the front of the structure.
4.
All required open space shall be improved for the purposes intended
as shown on the plan, with fifty (50') feet between facing rear walls.
5.
No development shall exceed the density specified in the zoning provisions.
No attached back-to-back units shall be permitted.
6.
Recreational facilities within an apartment or townhouse development
may be located either in the designated open space or within the yard
areas of each structure, notwithstanding the fact that the recreational
facilities may overlap imaginary yard lines used to establish the
minimum distance between structures under this chapter. The specific
location of any recreational facilities shall give consideration to
the proximity of structures, type of recreational facility proposed,
expected noise level and evening illumination which may create a possible
nuisance for residents, and expected pedestrian and bicycle traffic
across major interior roads and driveways.
c.
Blocks.
1.
Block length, width and acreage shall be sufficient to accommodate
the size lot required in that zoning district and to provide for convenient
access, circulation control, and traffic safety.
2.
Blocks of one thousand (1,000') feet long in residential areas shall
be discouraged, but where they are used, pedestrian crosswalks and/or
bikeways between lots may be required in locations deemed necessary
by the approving authority, and shall be at least eight (8') feet
wide and be straight from street to street. Blocks over one thousand
(1,000') feet in residential areas shall be prohibited. For commercial
and industrial uses, block lengths shall be sufficient to meet area
and yard requirements for such uses and to provide proper street access
and circulation patterns.
d.
Buffers.
1.
Buffer areas shall require site plan approval and are required along
all lot lines and street lines which separate a nonresidential use
from either an existing residential use or residential 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. 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 except
that a buffer area may be utilized for Stormwater Management by disconnecting
impervious surfaces and treating run offs from impervious surfaces.
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 consider the use of the portion
of the property being screened, the distance between the use and the
adjoining property line, 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, as determined by the administrating board.
2.
A minimum of one-half (1/2) of the periphery that requires a buffer
shall have a buffer at least ten (10') feet wide which shall be designed,
planted, graded, landscaped, and developed to obscure the activities
of the site from view. In addition, the periphery that requires a
buffer shall consist of at least the following: (1) fencing or walls
in a landscaped area not less than ten (10') feet wide; (2) a landscaped
area with at least five (5') foot high growth.
A building with a setback of at least two hundred (200') feet
with a grade of less than twenty (20%) percent shall have groups of
plantings and trees located within this setback 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. A parking area setback shall be landscaped as required under
the off-street parking provisions of this chapter. 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 ten (10') 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.
3.
All buffer areas shall be planted and maintained with either grass
or ground cover together with a screen of live shrubs or scattered
planting, live trees, shrubs, or other plant material meeting the
following requirements: (1) 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, the plantings may be required; (2) plant
materials used in screen plantings shall be at least three (3') feet
in height when planted and be of such density as will obscure, throughout
the full course of the year, the glare of automobile headlights emitted
from the premises; (3) 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; (4) trees shall be at least eight (8') feet in height
and one and one-half (1 1/2") inches in caliper when planted
and be of species common to the area, be of balled and burlapped nursery
stock, and be free of insect and disease; (5) any plant material which
does not live shall be replaced within one (1) year or one (1) growing
season; (6) screen plantings and landscaping shall be broken at points
of vehicular and pedestrian ingress and egress to assure a clear sight
triangle at all street and driveway intersections.
e.
Churches. Churches may be permitted in those districts designated
in this chapter upon application for a permit and upon determination
by the approving authority that the following standards and conditions
are met:
1.
A set of plans, specifications and plot plans shall be filed with
the approving authority, showing overall dimensions, topographic conditions,
the location and intended use of existing and proposed buildings,
the relationship of the proposed use to streets and adjacent properties
and other physical features which might act as a deterrent to the
general welfare.
2.
Before issuing a permit, the approving authority shall determine
that the following standards are met:
(a)
The minimum lot area shall be forty thousand (40,000) square
feet and the minimum frontage shall be two hundred (200') feet.
(b)
Off-street parking shall be provided at the ratio of one (1)
off-street parking space for each eight (8) seats in the church.
(c)
Driveways shall cross the sidewalk at right angles, and shall
be no more than twenty-four (24') feet wide at any point. Driveways
must be at least ten (10') feet from any side lot line and twenty-five
(25') feet from the intersection of the street lines. No more than
two (2) driveways shall be permitted for each two hundred fifty (250')
feet of street frontage.
(d)
The approving authority shall determine that the site plan is
appropriate to the adjacent area. It may require buffers of foliage
if necessary to protect surrounding properties from the effect of
light or noise generated in connection with the use of the property.
Such buffer area shall be constructed in conformance with the provisions
of this chapter.
f.
Corner lots. Any principal or accessory building located on a corner
lot shall have a minimum setback for one (1) street line equal to
the required front yard, with the second front yard provided in accordance
with the prevailing yard pattern in the block. The remaining two (2)
yards shall be considered side yards for the purpose of this chapter.
g.
Curbs. Concrete curb shall be installed along every street within
the development and at intersections with local roads, County roads
and State Highways. The standard curb section to be used shall be
not more than ten (10') feet in length, shall be set in accordance
with approved lines and grades, and radial curbs shall be formed in
an arc segment, in a smooth curve. Chord segments are prohibited.
Concrete curbs shall be nine (9") inches x six (6") inches by twenty
(20") inches (eight (8") inch exposed face), using Class B concrete
having a twenty-eight (28) day compressive strength of four thousand
five hundred (4,500) p.s.i. and shall be air entrained. At locations
specified by the approving authority, the curbing shall be designed
to provide a ramp for bicycles and/or wheelchairs. Curb sections may
deviate from the above section requirements when the development abuts
upon a County or State road and then shall meet the requirements of
the specific authority. The Municipal requirements of this section
may allow for curb cuts or flush curbs with curb stops to allow vegetated
swales to be used for stormwater conveyance and to allow the disconnection
of impervious.
h.
Drainage. All streets shall be provided with stormwater inlets and
pipes where same may be necessary for proper surface drainage. The
system shall be adequate to carry off and/or store the stormwater
and natural drainage water which originates beyond the development
boundaries and passes through the development calculated on the basis
of maximum potential development as permitted under this chapter.
No stormwater runoff or natural drainage water shall be so diverted
as to overload existing drainage systems or create flooding or the
need for additional drainage structures on other lands without proper
and approved provisions being made for taking care of these conditions,
including off-tract improvements. All drainage design and computation
factors shall be submitted to the Borough Engineer for review and
approval.
1.
The duration of a storm used in computing stormwater runoff shall
be the equivalent of the time required for water falling at the most
remote point of the drainage area to reach the point in the drainage
system under consideration.
2.
The pipe size determined to be adequate for the runoff computed shall
be increased by a safety factor of at least one (1) standard pipe
size for the type of pipe being used in order to provide adequate
allowance for the normal accumulation of sediment and debris in the
storm drainage system but no less than fifteen (15") inches in diameter.
3.
Inlets shall be located at intersections where possible and located
in streets with inlets on both sides of the street at intervals of
not more than four hundred (400') feet or such shorter distances as
required to prevent the flow of surface water from exceeding 5.0 cubic
feet per second at the inlet. Access manholes shall be placed at maximum
five hundred (500') foot intervals throughout the system and at pipe
junctions where there are no inlets, and at each pipe direction change,
either horizontally or vertically.
4.
Dished gutters shall not be permitted.
5.
Storm drain pipes running longitudinally along streets shall not
be located under curbing and/or sanitary sewers.
6.
Storm drain pipes shall be reinforced concrete pipe in all cases
and shall be of the size specified and laid to the exact lines and
grades approved by the Borough Engineer. Reinforced concrete pipe
shall conform to A.S.T.M. specifications C76-61 Class IV. Joints shall
be made with "O-rings" rubber gaskets or as approved by the Borough
Engineer.
7.
For all developments, blocks and lots shall be graded to secure proper
drainage away from all buildings and to prevent the collection of
stormwater in pools and to avoid concentration of stormwater from
each lot to adjacent lots.
8.
Land subject to periodic or occasional flooding as identified by
Flood Hazard Boundary Map produced by U.S. HUD shall not be designed
for residential occupancy nor for any other purposes which may endanger
life or property or aggravate the flood hazard. Such land within a
lot shall be considered for open spaces, yards, or other similar uses
in accordance with floodplain regulations.
9.
Where any development is traversed by a watercourse, surface or underground
drainageway or drainage system, channel or stream, there shall be
provided and dedicated a drainage right-of-way easement to the Municipality
conforming substantially with the lines of such watercourse, and such
further width or construction, or both, as will be adequate to accommodate
expected stormwater runoff in the future based upon reasonable growth
potential in the Municipality and, in addition thereto, a minimum
of fifteen (15') feet beyond the bank top on at least one (1) side
for access to the drainage right-of-way and, in any event, meeting
any minimum widths and locations shown on any adopted Official Map
or Master Plan or as required elsewhere in this chapter.
10.
All grates located within roadways, parking lots and pedestrian areas
shall be bicycle safe. All curb inlets shall be of the "N-ECO" type,
limiting curb opening to no larger than two (2") inches. The use of
natural vegetated swales in lieu of pipe inlets, where feasible, shall
be encouraged.
i.
Easements. Easements along rear property lines or elsewhere for utility
installation may be required. Such easements shall be at least fifteen
(15') feet for one (1) utility and five (5) additional feet for each
additional utility and be located in consultation with the companies
or Municipal departments concerned and, to the fullest extent possible,
be centered on or adjacent to rear or side lot lines.
The boundary line of any easement shall be monumented at its
intersection with all existing or proposed street lines. Such easement
dedication shall be expressed on the plat as follows:"________________
easement granted to this Municipality as provided for in this Development
Chapter."
j.
Fences, walls, hedges. Fences and walls shall not be located in any
required sight triangle. Fences may be erected, altered or reconstructed
in accordance with the following regulations and in accordance with
all other provisions of this chapter.
1.
Hedges running parallel to the front property line may be erected,
altered or reconstructed to a height not to exceed two and one-half
(2-1/2') feet above ground level toward which the front entrance of
any dwelling in a residential zone faces.
2.
Fences and walls running parallel to the front property line may
not be erected, altered or reconstructed except that fences, walls
and hedges located parallel to the front property line and on or behind
the front building line may be erected to a height not to exceed six
(6') feet above ground level.
3.
Fences, walls and hedges running parallel to side or rear yard lines
may be erected, altered or reconstructed to a height not to exceed
six (6') feet when located in the side or rear yards of any dwelling
in a residential zone.
4.
The foregoing restrictions shall not be applied so as to prevent
the erection of any open wire fence not exceeding eight (8') feet
above ground level anywhere within a public park, public playground
or school premises.
5.
All fences, walls, and hedges must be erected within the property
lines, and no fence, wall or hedge shall be erected so as to encroach
upon a public right-of-way.
6.
All fences, walls, and hedges shall be maintained in a safe, sound
and upright condition and presenting a uniform appearance.
7.
If the Construction Code Official, upon inspection, determines that
any fence, wall or hedge or portion of any fence, wall or hedge is
not being maintained in a safe, sound or upright condition he shall
notify the owner of such fence, wall or hedge in writing of his findings
and state briefly the reasons for such findings and order such fence,
wall or hedge or portion of such fence, wall or hedge repaired or
removed within fifteen (15) days of the date of the written notice.
k.
Fire protection. Provision shall be made for fire hydrants along
streets together with connections, standpipe, and sprinkler on the
outside walls of nonresidential structures as approved by the Borough
Fire Department and Borough Engineer and in accordance with Insurance
Services Office Standards. Maximum lineal distance between fire hydrants
on or in the vicinity of the subject site shall be five hundred (500')
feet. Such facilities shall be constructed to the satisfaction of
the Borough Engineer and Fire Department and in accordance with Insurance
Services Office Standards.
Fire lanes, twelve (12') feet in width, shall be required across
the front and rear of all new commercial and industrial uses with
gross floor area in excess of ten thousand (10,000) square feet. Similar
fire lanes are recommended for design along the sides of all new commercial
and industrial uses. Parking shall be strictly prohibited in all FIRE
LANE areas.
l.
Flood hazard area considerations. Any proposal for a development
on a tract where any part of the tract contains a flood hazard area
as identified on the most recent Flood Hazard Boundary Map prepared
by U.S. HUD shall comply with the Floodplain Regulations of this chapter
in addition to the following standards. No building or structure shall
be erected, moved, or enlarged, nor shall any material or equipment
be stored, fill be placed, nor shall the elevation of any land be
substantially changed in the flood hazard area except in accordance
with a permit issued by the New Jersey Department of Environmental
Protection, Division of Water Resources; provided, however, that accepted
practices of soil husbandry, and the harvesting of crops in connection
with farming, lawns, gardens and recreational usage that do not include
structures, are not included in the foregoing prohibitions. Primary
consideration shall be given to preserving the floodway so as to assure
maximum capacity for, and minimum velocity of the passage of flood
flows without aggravating flood conditions upstream and downstream.
No building or structure shall be erected, moved, or enlarged in the
flood fringe area if the elevation of any floor, including the cellar,
shall be less than one (1') foot above the flood hazard design elevation
except in accordance with a permit issued by the New Jersey Department
of Environmental Protection, Division of Water Resources. As to developments
in the flood fringe area, primary consideration shall be given to
the protection of persons and property involved in the development
and such considerations shall not be avoided by a waiver from the
applicant.
m.
Grading and filling. All lots where fill material is deposited shall
have clean fill and/or topsoil deposited which shall be graded to
allow 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 onsite or on adjacent properties, or which will violate any
other 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.
n.
Hotel, motel. These uses where and if permitted in this chapter as
specified herein shall comply with the following minimum standards:
3.
Appropriate areas shall be set aside for the recreational needs of
the guests.
5.
All garbage receptacles for storage and pick-up shall be centrally
located and easily accessible within a screened aboveground enclosure.
6.
Such other performance standards as may be required by the approving
authority.
o.
Height. The height limitations of this chapter shall not apply to
church spires, firewalls, belfries, cupolas, chimneys, ventilators,
skylights, water tanks, bulkheads, and similar features and necessary
mechanical appurtenances usually carried above the roof level. Such
features, however, shall be erected only to such height as is necessary
to accomplish the purpose that they are to serve. Provisions of this
chapter shall permit the erection of parapet walls or cornices for
ornament without windows above the building height limit by not more
than three (3') feet. Quasi-public buildings and public buildings,
schools, and churches may exceed the height limit herein established
providing that such uses shall increase the front, rear, and side
yards one (1') foot for each foot by which such building exceeds the
height limit established for the district within which the use is
located.
p.
Lighting. All area lighting shall provide translucent fixtures with
shields around the light source. The light intensity provided at ground
level shall average a maximum of one footcandle over the entire area.
For each fixture and lighted sign, the total quantity of light radiated
above a horizontal plane passing through the light source shall not
exceed seven and one-half percent of the total quantity of light emitted
from the light source. Any other outdoor lighting shall be shown on
the site plan in sufficient detail to allow determination of the effects
at the property line and on nearby streets, driveways, residences,
and overhead sky glow. No lighting shall shine directly or reflect
into windows, or 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 nor 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 approving
authority. The objective of these specifications is to minimize undesirable
offsite effects.
q.
Lots.
1.
Lot dimensions and area shall not be less than the requirements of
the Zoning Bulk Schedule requirements of this chapter.
2.
Insofar as is practical, side lot lines shall be either at right
angles or radial to street lines.
3.
Each lot must front upon an approved, paved street with a right-of-way
of at least fifty (50') feet, or as deemed sufficient by the approving
authority.
4.
Through lots with frontage on two (2) streets will be permitted only
under the following conditions: (1) where the length of the lot between
both streets is such that future division of the lot into two (2)
lots is improbable; and (2) access shall be to the street with the
lower traffic function and the portion of the lot abutting the other
street shall be clearly labeled on the plat, and in any deed, that
street access is prohibited.
5.
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.
6.
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 which lot existed
at the effective date of this chapter, the Construction Code 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.
r.
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 of each lot shall be marked with a metal alloy pin of
permanent character.
s.
Natural features. Natural features such as trees, brooks, swamps,
hilltops and views, shall be preserved whenever possible. This shall
include forested areas to ensure that leaf litter and other beneficial
aspects of the forest are maintained in addition to trees. When individual
lots, care shall be taken to preserve selected trees to enhance soil
stability and the landscape treatment of the area.
t.
Nonconforming uses, structures, or lots. The lawful use of land,
buildings, or structures existing when this chapter was adopted may
be continued on the lot or in the structure although they may not
conform to this chapter and any such structure may be restored or
repaired in the event of partial destruction thereof provided, however,
that none shall be enlarged, extended, relocated, converted to another
use, or altered, except in conformity with this chapter, except as
permitted below. Land on which a nonconforming use or structure is
located and any nonconforming lot shall not be subdivided or resubdivided
so as to be made more nonconforming in any manner.
1.
Abandonment. A nonconforming use shall be considered abandoned: (1)
if it is terminated by the owner; (2) if a nonconforming use involving
a structure is discontinued for twelve (12) consecutive months; or
(3) if a nonconforming use of land without structure(s) ceases for
a period of six (6) months. The subsequent use of the abandoned building,
structure, and/or land shall be in conformity with this chapter.
2.
Conversion to permitted use. Any nonconforming building, structure,
or use may be changed to conform to this chapter, but shall not be
changed back to a nonconforming status.
3.
Maintenance may be made to a nonconforming use, structure, or lot
provided the maintenance work does not change the use, expand the
building or the functional use of the building, increase the area
of a lot used for a nonconforming purpose, or increase the nonconformity
in any manner.
4.
Nonconforming lots and structures. Any existing structure on a nonconforming
lot, or any existing structure on a conforming lot which violates
any yard requirements, may have additions to the principal building
and/or construct an accessory building without an appeal for a variance,
provided the total permitted building coverage is not exceeded and
the accessory building and/or the addition to the principal building
do not violate any other requirements of this chapter. Mitigation
of the impact of additional impervious surfaces shall be required
unless the Stormwater Management Plan for the development of which
the lot is a part provided for these increases in impervious surfaces.
5.
Restoration and repairs.
(a)
Any nonconforming building, structure or use which has been
condemned or damaged by fire, explosion, flood, windstorm or act of
God, shall be examined by the following three (3) people: (1) the
Construction Code Official; (2) the owner or an architect or engineer
selected by the owner; and (3) a third person agreed to by the Construction
Code Official and the owner whose fee shall be agreed to and shall
be paid in equal portions by the Municipality and the owner. If, in
the opinion of the majority of the above three (3) people, the value
of repairing the condition is greater than fifty (50%) percent of
the value of replacing the entire structure, it shall be considered
completely destroyed and may be rebuilt to the original specifications
only upon approval of a use variance as provided in the Act.
(b)
Where the value of repairing the condition is determined to
be less than fifty (50%) percent of the value of replacing the entire
structure, the nonconforming structure or use may be rebuilt and used
for the same purpose as before, provided it does not exceed the height,
area and bulk of the original structure.
(c)
The percent damaged or condemned shall be the current replacement
costs of the portion damaged or condemned computed as a percentage
of the current replacement cost of the entire structure, neither to
include the cost of the foundation unless the foundation is damaged
or condemned.
6.
Sale. Any nonconforming use, structure or lot may be sold and continue
to function in the same nonconforming manner.
u.
Nursing homes for children or aged, philanthropic or charitable uses.
Treatment, nursing homes for children or aged, philanthropic or charitable
structures, except correctional institutions, may be permitted in
those districts designated in this chapter if in compliance with the
following standards and conditions:
1.
A set of plans, specifications, and a statement setting forth full
particulars on the operation of the structure or use must be filed
with the approving authority in triplicate showing dimensions, topography,
location and use of intended buildings etc.; and any other physical
features which might act as a deterrent to the general welfare.
2.
Front, rear, and side yards shall be increased one (1') foot for
each foot by which such proposed building exceeds the height limit
herein established for the district in which it is to be located.
In no case shall any building exceed the height of thirty (30') feet
nor located on a lot less than two (2) acres in size with a minimum
frontage of two hundred (200') feet.
3.
Off-street parking space shall be provided in side and rear yards
only, at the rate of one (1) space for each one (1) bed in a treatment
or nursing home, and one (1) space for each two (2) beds or one (1)
space for each four hundred (400) square feet of gross floor area,
whichever is greater, for philanthropic or charitable uses. The approving
authority shall then decide the manner in accordance with the procedure
provided for in this chapter.
4.
All off-street parking provided within thirty (30') feet of any property
line shall be protected from adverse impact upon adjacent properties
through a visual screen of planting, not less than four (4') feet
at center of a type or types of planting approved by the approving
authority.
5.
In addition to all other requirements, there shall be provided one
(1) square foot of open space for every one (1) square foot of building
area, in plan, at the ground level.
v.
Offsite and off-tract improvements. Before final approval of a subdivision
or site plan the approving authority may require, in accordance with
the standards of this chapter and adopted Circulation Plan and Utility
Plan, the installation, or the furnishing of a performance guarantee
in lieu thereof, of any or all of the following offsite and off-tract
improvements which are necessary or appropriate for the protection
of the public interest by reason of the development's effect on land
other than the developer's property: street improvements, water system,
sewerage, drainage facilities and easements therefor:
Where such improvements are required, the approving authority
shall refer the requirements to the Borough Council for concurrence
and for approval of a performance guarantee, if any. If the Borough
Council does not take action on the improvements and the applicable
performance guarantees within the time the approving authority must
act, the approving authority may grant conditional approval of the
plan.
The Borough Council shall determine as to each required improvement
whether they are to be paid for: (a) entirely by the Municipality;
(b) entirely by the developer; or (c) cooperatively by the developer
and the Municipality in accordance with fair and reasonable standards
to determine the proportionate or pro-rata amount of the cost of such
facilities that shall be borne by each developer or owner within a
related or common area.
The financing and construction of the improvements shall be
arranged in one of the following manners:
1.
If constructed by the Municipality and all or a portion of the improvements
are the financial responsibility of the developer, the developer's
share shall be paid to the Municipality in cash prior to final approval
of the plan.
2.
If constructed by the developer and all or a portion of the improvements are the financial responsibility of the Municipality, the developer shall be paid the Municipal share in accordance with the terms of the construction contract and the completion of the work shall be guaranteed in an amount and under the terms set forth in Section 17-18 entitled "Guarantees and Inspections."
w.
Off-street parking and loading.
1.
Access to and from lots.
(a)
Drives shall be limited to a maximum of two (2) to any street,
except when the frontage of a property along any one (1) street exceeds
five hundred (500') feet, the number of drives to that street may
be based on one (1) drive for each two hundred fifty (250') feet of
property frontage. Each drive shall be at least three (3) parking
aisles from any other drive on the same property. Each drive shall
handle no more than one (1) lane of traffic in each direction; be
at least fifty (50') feet or one-half (1/2) the lot frontage, whichever
is greater, from the street line of any intersecting street; and be
at least thirty-one (31') feet from any property line. The width of
the curb cut shall be determined by the type traffic to be handled
and the limitation to the number of lanes of traffic. Driveways with
widths exceeding twenty-four (24') feet shall be reviewed by the approving
authority giving consideration to the width, curbing, direction of
traffic flow, radii of curves, and traffic lane divider. Curbing shall
be either depressed at the driveway or have the curbing rounded at
the corners with the access drive connected to the street in the same
manner as another street.
(b)
Any exit driveway or driveway lane shall be so designed in profile
and grading and shall be so located to permit a safe, clear sight
distance measured in each direction along the roadway. Such measurements
shall be from the drivers seat of a vehicle standing on that portion
of the exit driveway that is immediately outside the edge of the road
traveled way or shoulder. The following distances are recommended.
|
Allowable Speed
|
Sight Distances in Feet
|
|---|---|
|
25 m.p.h.
|
150
|
|
30"
|
200
|
|
35"
|
250
|
|
40"
|
300
|
|
45"
|
350
|
|
50"
|
400
|
(c)
Where a site occupies a corner of two (2) intersecting roads,
no driveway entrance or exit may be located within a minimum of ten
(10') feet of the point of tangent of the existing or proposed curb
radius of that site, but not less than fifty (50') feet from the street
line of the intersecting streets.
(d)
No entrance or exit driveway shall be located on the following
portions of a road: on a circle; on a ramp of an interchange; or within
twenty (20') feet of the beginning of any ramp or other portion of
an interchange.
(e)
Where two (2) or more driveways connect a single site to any
one (1) road, a minimum clear distance of twenty-five (25') feet measured
along the right-of-way line shall separate the closest edges of any
two (2) such driveways.
(f)
Depending upon the intensity of their use, the following angles
shall be required for driveways opening into streets.
(1)
Two-way operation. Driveways used for two-way operation will
intersect the road at an angle to as near ninety (90°) degrees
as site conditions will permit and in no case will be less than seventy-five
(75°) degrees.
(2)
One-way operation. Driveways used by vehicles in one (1) direction
of travel (right turn only) shall not form an angle smaller than forty-five
(45°) degrees with a road, unless acceleration and deceleration
lanes are provided.
(g)
The dimensions of driveways shall be designed to adequately
accommodate the volume and character of vehicles anticipated to be
attracted daily onto the land development for which a site plan is
prepared. Driveways serving large volumes of daily traffic or traffic
over twenty-five (25%) percent of which is truck traffic shall be
required to utilize the maximum dimensions. Driveways serving low
daily traffic volumes or traffic less than twenty-five (25%) percent
of which is truck traffic shall be permitted to use the minimum dimensions.
The maximum and minimum required dimensions for driveways shall be
as follows:
|
One-Way Operation
|
Two-Way Operation
| |||
|---|---|---|---|---|
|
Curbline opening
(in feet)
|
Driveway Width
(in feet)
|
Curbline opening
(in feet)
|
Driveway Width
(in feet)
| |
|
5-10 Family Residence
|
12-15
|
10-13
|
12-30
|
10-26
|
|
10 Family or over
|
12-30
|
10-26
|
24-36
|
20-30
|
|
Commercial & Industrial
|
24-50
|
14-34
|
24-50
|
24-46
|
|
Service Stations
|
15-36
|
12-34
|
24-36
|
20-34
|
(h)
Driveway surfacing and profiles.
(1)
The surface of any driveway subject to site plan approval shall
be constructed with a permanent pavement of a type specified by standards
set by the Borough Engineer. Such pavement shall extend to the paved
traveled way or paved shoulder of the road; and such pavement shall
extend throughout the area defined by the required driveway dimensions.
(2)
Any vertical curve on a driveway shall be flat enough to prevent
the dragging of any vehicle undercarriage.
(3)
Should the sidewalk be so close to the curb at a depressed curb
driveway as to cause the ramp to be too steep and be likely to cause
undercarriage drag, the sidewalk shall be appropriately lowered to
provide a suitable ramp gradient.
(4)
Pervious paving materials may be used to minimize stormwater
runoff and provide groundwater recharge.
(i)
Acceleration and deceleration lanes.
(1)
Acceleration lanes. Where a driveway serves right turning traffic
from a parking area providing five hundred (500) or more parking spaces,
an acceleration lane shall be provided in accordance with "A Policy
of Geometric Design of Rural Highways" c. 1965 American Association
of State Highway Officials.
(2)
Deceleration lanes. Where a driveway serves as an entrance to
a land development providing fifty (50) or more parking spaces, a
deceleration lane shall be provided for traffic turning right into
the driveway from the road. The deceleration lane is to be at least
two hundred (200') feet long and at least thirteen (13') feet wide
measured from the road curbline. A minimum forty (40') foot curb return
radius will be used from the deceleration lane into the driveway.
A deceleration lane may be omitted when the roadway pavement
is a minimum of forty (40') feet wide and the road peak hour traffic
does not exceed five hundred (500) vehicles per hour.
(j)
Special turn lanes. The conveyance of land for jughandles, or
left turn lanes may be required by the Planning Board with the approval
of the Borough Engineer under one (1) or more of the following conditions:
2.
Access to parking and loading spaces. Individual parking and loading
spaces shall be served by onsite 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.
3.
Buffers. 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 chapter.
4.
Curbing. All off-street parking areas containing ten (10) or more
spaces and all off-street loading areas shall have concrete or Belgian
block curbing around the perimeter of the parking and loading areas
and to separate major interior driveways to separate them from the
parking and loading spaces. Curbing may also be installed within the
parking or loading areas to define segments of the parking or loading
areas. Concrete wheel blocks may be located within designated parking
or 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 opposite
each aisle. Flush curbs with curb stops or curbing with curb cuts
to encourage the discharge of impervious areas into landscaped areas
for Stormwater Management as deemed appropriate by the Board Engineer.
Additionally, naturally vegetated swales for water quality design
storm, with overflow for larger storm events into storm sewers may
be allowed.
(a)
Each land development requiring site plan approval shall be
required to install curbs along the entire property frontage of a
municipal road. Where such curbing is required it shall be located
and constructed in accordance with standards and specifications set
forth by the Municipal Engineer.
(b)
At all intersections the minimum curb radii shall be thirty
(30') feet. Radii beyond this minimum may be required by the Borough
Engineer.
(c)
Where a proposed driveway is to serve any land development providing
fifty (50) or more parking spaces, curbing need not be carried across
the driveway opening as a depressed curb; rather it may be swept back
as curb returns as in the case of a street intersection.
(d)
If the driveway serves a facility having less than fifty (50)
parking spaces, a depressed curb driveway shall be used.
Where depressed curbs are used at driveways, the following specifications
shall apply:
(1)
Existing curb. To construct a depressed curb where curbing exists,
the existing curb shall be modified in accordance with the requirements
given by the Borough Engineer.
(2)
New depressed curb. New depressed curb shall be constructed
in accordance with specifications as set forth by the Borough Engineer.
(3)
Height of depressed curb above street pavement or shoulder.
The top of the depressed curb shall be no greater than one and one-half
(1 1/2") inches higher than the gutter grade.
(4)
The horizontal transition of depressed curb from full curb height
to depressed curb height shall not exceed eighteen (18") inches except
where the sidewalk is so narrow and close to the curb that a portion
of the sidewalk four (4') feet or less from its outer edge has a slope
exceeding 6:1. In this case, the depressed curb transition may be
modified to prevent the outer four (4') feet of sidewalk from exceeding
a slope of 6:1.
(5)
Each land development requiring site plan approval may be required
to install paving in the area between the edge of existing pavement
and curbing along the entire property frontage. Where such paving
is required it shall be in accordance with standards and specifications
as set forth by the Borough Engineer.
5.
Dimensions. Off-street parking space shall be nine (9') feet wide
(depending on the angle of parking) and a minimum of eighteen (18')
feet in length in accordance with the following schedule: Handicapped
parking spaces must meet the latest ADA rules and regulations.
|
Angle of Parking Space
|
One-Way Aisle
|
Two-Way Aisle
|
|---|---|---|
|
90°
|
22'
|
25'
|
|
60°
|
18'
|
20'
|
|
45°
|
15'
|
18'
|
|
30°
|
12'
|
18'
|
|
parallel
|
12'
|
18'
|
|
Off-street loading spaces shall have fifteen (15') feet of vertical
clearance and be designed in accordance with the following schedule:
|
|
Loading Space
|
Apron/Aisle Length
| ||
|---|---|---|---|
|
Length
|
Width
|
90'
|
60'
|
|
60'
|
10'
|
72'
|
66'
|
|
60'
|
12'
|
63'
|
57'
|
|
60'
|
14'
|
60'
|
54'
|
6.
Drainage. All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice as approved by the Municipal Engineer and in accordance with the "Drainage" provisions of subsection 17-20.1 of this chapter. Where subbase conditions are wet, 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 six (6") to twelve (12") inches below the proposed finished grade and filled with a suitable subbase material as determined by the Borough Engineer. Where required by the Borough Engineer, a system of porous concrete pipe, sub-surface 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 parking area surfacing material shall be applied. Where feasible, the use of natural vegetated swales in lieu of pipe and inlets shall be allowed where deemed appropriate by the Board Engineer. Additionally, pervious paving materials may be allowed to minimize stormwater runoff and provide groundwater recharge and native vegetation shall be required in landscaped areas.
7.
Surfacing shall be approved as part of the plan approval.
(a)
Areas of ingress and egress, loading and unloading areas, major
interior driveways, aisles, and other areas likely to experience similar
heavy traffic shall be paved with not less than five (5") inches of
compacted base course of plant-mixed bituminous stabilized base course
constructed in layers not more than two (2") inches compacted thickness,
or equivalent, and prepared and constructed in accordance with Division
3, Section 2A, of the New Jersey Department of Transportation Standard
Specifications for Roads and Bridge Construction (1961) and amendments
thereto. A minimum two (2") inch thick compacted wearing surface of
bituminous concrete (FABC), or equivalent, shall be constructed thereon
in accordance with Division 3, Section 10, of the New Jersey Department
of Transportation Specifications and amendments thereto.
(b)
Parking space areas and other areas likely to experience light
traffic shall be paved with not less than three (3") inches of compacted
base course of plant-mixed bituminous stabilized base course, or equivalent,
prepared and constructed in accordance with Division 3, Section 2A
of the New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction (1961) and amendments thereto. At
least one and one-half (1-1/2") inch compacted wearing surface of
bituminous concrete (FABC), or equivalent, shall be constructed thereon
in accordance with Division 3, Section 10, of the New Jersey Department
of Transportation Specifications and amendments thereto.
8.
Landscaping in parking and loading areas shall be shown on the site
plan. Trees shall be staggered and/or spaced so as not to interfere
with driver vision, have branches no lower than six (6') feet, and
placed at the rate of at least one (1) tree for every twenty (20)
parking spaces. All areas between the parking area and the building
shall be landscaped with trees, shrubs and ground cover. Any plantings
which do not live shall be replaced within one (1) year or one (1)
season. A majority of the parking areas for more than fifty (50) cars
shall be obscured from streets by buildings, landscaped berms, natural
ground elevation, or plantings, singularly or in combination. Native
vegetation shall be required in landscaped areas.
9.
Minimum loading requirements. Adequate off-street loading and maneuvering space shall be provided for every use. The minimum number of spaces shall be based on the Off-Street Parking and Loading requirements in Section 17-22. Those uses not listed shall provide sufficient spaces as determined under site plan review.
(a)
A minimum of one (1) space for use except that where more than
one (1) use shall be located in one (1) building or where multiple
uses are designed as part of a shopping center or similar self-contained
complex, the number of loading spaces based on the number of square
feet within the building or complex; dispersed throughout the site
to best serve the individual uses; and have site plan approval.
(b)
There shall be a minimum of one (1) trash/garbage pickup location
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 residential zoning districts.
If located within the building, the doorway(s) may serve both the
loading and trash/garbage collection functions. If a container used
for trash/garbage collection functions is located outside the building,
it may be located adjacent to or within the general loading area(s)
provided the container(s) in no way interferes with or restricts the
loading and unloading functions.
10.
Minimum parking requirements. The number of off-street parking spaces
for each use shall be based on the "Off-Street Parking and Loading
Requirements" in each zone. Where a particular function contains more
than one (1) use, the total parking requirements shall be the sum
of the component parts.
11.
Location of parking and loading areas.
(a)
Loading spaces shall be located on the same lot as the use being
served, and shall be located to directly serve the building for which
the space is being provided. Parking spaces shall be located at least
twenty (20') feet from any building.
(b)
No loading and parking spaces shall be located in any required
buffer area.
(c)
Parking spaces located to serve residential uses shall be within
one hundred fifty (150') feet of the entrance of the building and
within three hundred (300') feet of commercial/industrial uses.
(d)
No parking shall be permitted in fire lanes, streets, driveways,
aisles, sidewalks, or turning areas.
[Ord. #1/6/78, A XIX, § 3; Ord. #91-09, §§ 2,
3; Ord. #94-12, §§ 2,3; Ord. No. 2007-13 § 13; Ord. #2008-08, § 5]
a.
Electricity. Electronic equipment shall be shielded so there is no
interference with any radio or television reception beyond the operator's
property as the result of the operation of such equipment.
b.
Glare. No use shall direct or reflect a steady or flashing light
beyond its lot lines. Exterior lighting and lighting resulting from
any manufacturing or assembly operations shall be shielded, buffered,
and directed as approved on the site plan so that any glare, direct
light, flashes, or reflection will not interfere with the normal use
of nearby properties, dwelling units and streets. Also see section
entitled "Lighting" in this section.
c.
Heat. Sources of heat, including but not limited to, steam, gases,
vapors, products of combustion or chemical reaction shall not discharge
onto or directly contact structures, plant life or animal life on
neighboring uses or impair the function or operation of a neighboring
use. No use, occupation, activity, operation or device shall cause
an increase in ambient temperature, as measured on the boundary between
neighboring uses.
d.
Radioactivity. No use, activity, operation or device concerned with
the utilization or storage of radioactive materials shall be established,
modified, constructed or used without having first obtained valid
permits and certificates from the Office of Radiation Protection,
N.J.D.E.P. Proof of compliance with this requirement shall be the
submission of duplicate copies of the permits and certificates.
e.
Vibrations.
1.
Standard: Ground-transmitted vibrations shall be measured with a
seismograph or complement of instruments capable of recording vibration
displacement and frequency in the three (3) mutually perpendicular
directions, simultaneously.
2.
Vibration level restrictions: Vibration levels shall not exceed a
particle velocity of five-tenths (.05") inches per second in any district.
During the hours of 9:00 p.m. to 7:00 a.m. in residential districts,
vibration levels shall not exceed a particle velocity of two-tenths
(.02") inches per second. Measurements shall be made at the points
of maximum vibration intensity and on or beyond adjacent lot lines
or neighboring uses, whichever is more restrictive.
f.
Airborn emissions. In all districts, no use, activity, operation
or device shall be established, modified, constructed or used without
having first obtained valid permits and certificates from the Bureau
of Air Pollution Control, N.J.D.E.P. pursuant to N.J.A.C. 7:27-8.
Specifically, no use, activity, operation or device shall be established,
modified or constructed without a valid "Permit to Construct." No
use, activity, operation or device shall be operated, occupied or
used without a valid "Certificate to Operate Control Apparatus or
Equipment." Proof of compliance with this requirement shall be the
submission of duplicate copies of the Permit to Construct and Certificate
to Operate.
In addition to the requirements of N.J.D.E.P., the following
shall also apply:
1.
Steam emissions: No visible emissions of steam, having an equivalent
opacity greater than sixty (60%) percent and excepting direct results
of combustion shall be permitted within five hundred (500') feet of
a residential district.
2.
Toxic matter: Emissions of chemicals, gases, components or elements,
listed as being toxic matter by the American Conference of Governmental
Hygienists, N.J. Department of Labor and Industry or the U.S.E.P.A.
shall not exceed the threshold level, as determined in accordance
with A.S.T.M.D. 1391. The emission of concentrations, levels or mass
loadings in excess of the threshold value shall be permitted only
if the emissions of said toxic matter comply with the applicable regulations
of the N.J.D.E.P., N.J. Department of Labor and Industry, and U.S.E.P.A.
Proof of compliance shall require the submission of duplicate copies
of certifications or permits from N.J.D.E.P. and N.J. Department of
Labor and Industry approving the concentrations, level, or loading
proposed by the applicant.
g.
Odorous matter: No odor shall be emitted that is detectable by the
human olfactory sense at or beyond an adjacent lot line.
h.
Noise emissions.
1.
Standard: Noise shall be measured with a sound level meter complying
with the standards of The American National Standards Institute, "American
Standards Specifications for General Purpose Sound Level Meters" (A.N.S.I.S.1.4-1961
or its latest revisions). The instrument shall be set to the A-weighted
response scale and the metering to the slow response. Measurements
shall be conducted in accordance with the "American Standard Method
for the Physical Measurements of Sound" (A.N.S.I.S.1.2-1961 or its
latest revision).
2.
Noise level restrictions: Noises shall not exceed the maximum sound
levels specified in the table, except as designated below:
|
NOISE LEVEL RESTRICTIONS
| ||
|---|---|---|
|
Performance Category
|
Maximum Level Permitted
|
Where Measured
|
|
Residential districts
|
55 dBA
|
On or beyond the neighboring use or lot line
|
|
Agricultural districts
|
60 dBA
|
On or beyond the neighboring use
|
|
All other districts
|
65 dBA
|
On or beyond the district boundaries
|
|
In any residential district, the A-weighted sound levels shall
not exceed forty-five (45) dBA during the hours of 9:00 p.m. to 7:00
a.m. Whenever a residential district abuts any other district, the
most restrictive of the limitations shall apply.
|
3.
Exclusions and permitted variations:
(a)
The levels specified in the table may be exceeded once by ten
(10) dB in a single period of fifteen (15) minutes, during one (1)
day.
(b)
Peak values of short duration also known as impact noises may
exceed the values specified in the table by twenty (20) dB or have
a maximum noise level of eighty (80) dBA, whichever is more restrictive.
(c)
Noises such as alarms, sirens, emergency warning devices, motor
vehicles and other sources not under the direct control of a use are
excluded from the above limitations.
i.
Storage and waste disposal.
1.
In all districts permitting such an operation use or any activity
involving the manufacture, utilization, or storage of flammable, combustible
and/or explosive materials, such storage shall be conducted in accordance
with the regulations promulgated by the Department of Labor and Industry
of New Jersey or the Fire Code of the National Fire Protection Association,
whichever is more restrictive.
2.
All flammable, explosive and/or combustible material shall be stored
in accordance with the National Fire Protection Association Department
of Labor and Industry Codes, whichever is more restrictive.
3.
All outdoor storage facilities for fuel, raw materials and products
stored outdoors wherever permitted shall be enclosed by an approved
safety fence and visual screen and shall conform to all yard requirements
imposed upon the principal buildings in the district and storage regulations
of NFPA.
4.
No materials or wastes shall be deposited upon a lot in such form
or manner that they may be transferred off the lot by natural causes
or forces nor shall any substance which can contaminate a stream or
watercourse or otherwise render such stream or watercourse undesirable
as a source of water supply or recreation, or which will destroy aquatic
life, be allowed to enter any stream or watercourse.
5.
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
containers that are adequate to eliminate such hazards.
6.
No bulk storage shall take place within fifty (50') feet of a Stormwater
Management basin/facility.
j.
Quasi-public buildings and recreational areas. Quasi-public buildings
and recreational areas such as club houses, parks, schools, colleges,
universities, playgrounds, swimming pools, tennis courts, etc., and
other such activities operated by nonprofit membership organizations
may be permitted in the districts designated, provided that they comply
with the following standards and conditions:
1.
A set of plans, specifications, and a statement setting forth full
particulars on the operation of the structure or use must be filed
with the approving authority in triplicate, showing Articles of Incorporation,
trade name certificate, if any, required to be filed with the approving
authority.
2.
It is ascertained by the approving authority that the proposed use
is a bona fide, nonprofit organization operated solely for the recreation
and enjoyment of the members of the organization and the approving
authority may require names and addresses of all character members.
3.
It is ascertained by the approving authority that the proposed use
in the proposed location will not adversely affect the sale and comfortable
enjoyment of property rights or otherwise adversely affect the value
of adjacent properties, that the design of any structures erected
in connection with such use is in keeping with the general character
of the district and that sufficient landscaping, including shrubs,
trees, and lawns, is provided to serve as a buffer between the use
and the adjoining properties and in order to assure an attractive
appearance for the use.
4.
No building, structure, or active recreation facility shall be located
within fifty (50') feet of the lot line of a residentially zoned lot.
The maximum lot coverage shall be fifty (50%) percent.
5.
The maximum membership limit of the organization shall be fixed at
the time of application and shall be commensurate to the amount of
land to be used and the exact nature of the use. No further expansion
of the membership shall be made unless additional land is acquired
and supplementary applications are made to the approving authority.
6.
The membership roles shall be certified by affidavit annually on
the first day of January, and an updated tally of all members shall
be filed with the Borough Clerk within thirty (30) days signed by
the secretary.
7.
Off-street parking space shall be provided at a ratio of one (1)
space for each four (4) memberships permitted under the terms of this
special permit or one (1) space per one thousand (1,000) square feet
of floor space whichever is greater.
8.
The approving authority shall then decide the manner in accordance
with the procedure provided for under this chapter.
k.
Principal use. No lot shall have erected upon it more than one (1)
principal permitted use. No more than one (1) principal building shall
be permitted on one (1) lot except that shopping centers, apartment
and condominium projects, and industrial complexes, all receiving
site plan approval, may be permitted to have more than one (1) building
on a lot in accordance with standards of the zoning district in which
it is located.
l.
Public utilities. All public services shall be connected to an approved
public utilities system.
1.
The developer shall arrange with the servicing utility for the installation
of the utilities distribution supply lines and service connections
in accordance with the provisions of the applicable Standard Terms
and Conditions incorporated as a part of its tariff as the same are
then on file with the State of New Jersey Board of Public Utility
Commissioners.
2.
The developer shall submit to the approving authority, prior to the
granting of final approval, a written instrument from each servicing
utility which shall evidence full compliance or intended full compliance
with the provisions of this subsection.
3.
Any installation under this subsection to be performed by a servicing
utility shall be exempt from requiring performance guarantees, but
shall be subject to inspection and certification by the Borough Engineer.
m.
Railroad spurs. The side and rear yard requirements of the Bulk Schedule
shall not apply to those portions of a lot immediately adjoining and
bounded by the right-of-way of a railroad where a railroad track or
spur line forms the boundary line between two (2) lots for onsite
use in the industrial district.
n.
Sanitary sewers. All elements of the sanitary sewer system design
and flow volume computations shall be submitted to the Borough Engineer
for review and approval. Alignments outside streets shall require
easements or rights-of-way in accordance with the section entitled
"Easements."
o.
Service stations, public garages, filling stations.
1.
All storage areas, trash facilities, pits, lifts, and working areas
shall be within a building. All lubrication, repair or similar activities
shall be performed in an enclosed building and no dismantled parts
shall be placed outside.
2.
All gasoline pumps, air pumps, and the pump islands shall be set
back from the street line at least thirty-five (35') feet or from
any other property line. A minimum space of twenty-five (25') feet
shall exist between any two (2) pump islands and between any island
and the service station building.
3.
No junked motor vehicle or part thereof and no unregistered motor
vehicle shall be permitted outside an enclosed service station building.
4.
The proposed use shall be located on a lot of not less than twenty
thousand (20,000) square feet in an area which is not located at a
corner of any dangerous street intersection, and the lot lines of
which are located not less than five hundred (500') feet from any
school, church or library, and not less than one thousand, two hundred
(1,200') feet from an existing gasoline filling station. Minimum lot
width shall be two hundred (200') feet.
5.
All filling station storage tanks shall be placed in a six (6") inch-thick
concrete cradle. All filler spouts, events and gauging and venting
areas shall be covered by a six (6") inch-thick concrete plate. Emergency
shutoff and venting equipment shall conform to the most recent federal
and state requirements. The number, location, capacity and depth of
all pumps and tanks shall be portrayed.
6.
Ingress and egress turning movements shall be designed and coordinated
with the access points required for nearby uses, frequency of intersecting
side streets, minimizing left turns off collector and arterial streets,
and maintaining building setbacks compatible with the required setbacks
and landscaping. The entire area of the station or garage traversed
by motor vehicles shall be paved with seven (7") inches of bituminous
concrete, or an approved equal.
p.
Shade trees. All shade trees shall have a minimum diameter of two
and one-half (2-1/2") inches measured three (3') feet above the ground
and be of a species approved by the approving authority. Trees shall
be planted forty (40') feet to sixty (60') feet apart and parallel
to but no more than twenty (20') feet from the curbline and shall
be balled and burlapped, nursery grown, free from insects and disease,
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 re-establish the tone
of the area and to conform with adjacent lots.
Dead or dying trees shall be replaced by the developer during
the next recommended planting season. Parking lots shall be planted
as required in the subsection entitled "Off-Street Parking and Loading."
q.
Sidewalks. Sidewalks shall be required depending on the probable
volume of pedestrian traffic, the street classification in instances
where streets are involved, school bus stops, the development's location
in relation to other populated areas, and the general type of improvement
intended. Where required, sidewalks shall be at least four (4') feet
wide and located as approved by the approving authority. Sidewalks
shall be at least four (4") inches thick, except at points of vehicular
crossing where they shall be at least six (6") inches thick, of Class
C concrete having a twenty-eight (28) day compressive strength of
four thousand (4,000) p.s.i., shall be air-entrained. The approving
authority may require the replacement or repair of existing sidewalk
areas consistent with the above standards. Sidewalks shall be placed
on a four (4") inch layer of type 1, class A bankrun sand. Sidewalks
shall not be required on streets with thirty-three (33') feet street
R.O.W. Developers shall design sidewalks to discharge stormwater to
neighboring lawns, where feasible, to disconnect these impervious
surfaces, as well as use permeable materials, where appropriate.
r.
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 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 or
structure shall be erected or maintained more than thirty (30") inches
above the center line grade of either intersecting street or driveway
or lower than eight (8') feet above their center lines including utility
poles but excluding street name signs and official traffic regulation
signs. Where any street or driveway intersection involves earth banks
or vegetation, including trees, the developer shall trim such vegetation
and trees as well as establish proper excavation and grading to provide
the sight triangle. The sight triangle is that area bounded by the
intersecting street lines and a straight line which connects "sight
points" located on each of the two (2) intersecting street lines the
following distances away from the intersecting street lines: arterial
streets at one hundred thirty (130') feet; collector streets at sixty
(60') feet; and primary and secondary local streets at thirty-five
(35') feet. Where the intersecting streets are both arterial, both
collectors, or one (1) arterial and one (1) collector, two (2) overlapping
sight triangles shall be required formed by connecting the sight points
noted above with a sight point thirty-five (35') feet on the intersecting
street. Any proposed development requiring site plan approval shall
provide sight triangle easements at each driveway with the driveway
classified as a local street for purposes of establishing distances.
The classification of existing and proposed streets shall be those
shown on the adopted Master Plan or as designated by the Planning
Board at the time of the application for approval for a new street
not included on the Master Plan. 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 Development Chapter." 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.
s.
Signs.[1] No billboards shall be erected. No sign of any type shall
be permitted to obstruct driving vision, traffic signals, sight triangles,
and traffic direction and identification signs.
1.
Animated, flashing, and illusionary signs. Signs using mechanical
and/or electrical devices to revolve, flash, or display movement or
the illusion of movement are prohibited.
2.
Attached signs. Attached signs shall be affixed parallel to the wall
to which they are attached and the face of the sign shall project
no more than fifteen (15") inches from the surface of the wall, and
in no case shall any overhang violate or extend beyond a property
line.
3.
Height. The uppermost part of an attached sign shall not exceed the
base of the second floor window sill in a two (2) or more story structure,
or the base of the roof or twenty-five (25') feet, whichever is lower,
in either a one (1) story structure or a structure without windows.
The uppermost part of a free-standing sign shall not exceed twenty-five
(25') feet. The lowest portion of any sign which projects above an
area traversed either by motor vehicles or pedestrians shall be at
least fifteen (15') feet and ten (10') feet respectively.
4.
Illuminated signs. Illuminated signs shall be arranged to reflect
the light and glare away from adjoining lots and streets. No sign
shall be permitted beam, beacon or flashing illumination. All signs
lighted exteriorly shall have the light source shielded from adjoining
lots, streets, and interior drives. All lights shall be either shielded
or have translucent fixtures to reduce off-site effects. No illuminated
sign shall be of such color, location, shape or size as to cause confusion
of driver perception and traffic safety.
5.
Location. Attached signs may only be located so as not to conflict
with any height, obstruction to vision, and similar regulations of
this chapter. Free-standing signs shall be located only in the front
yard and shall be no closer to a side lot line than the minimum side
yard for the principal building, but in any event no closer to a street
right-of-way than twenty-five (25') feet and not located in any sight
triangle.
6.
Maintenance. Signs shall be constructed of durable materials, maintained
in good condition and not allowed to become dilapidated.
7.
Real estate signs. One (1) non-flashing, non-illuminated, temporary
sign pertaining to the lease or sale of the same lot or building upon
which it is placed, situated within the property lines and the premises
to which it relates and not exceeding four (4) square feet in area
on any one (1) side. The sign must be removed from the premises within
two (2) days after the property has been sold. Real estate signs do
not require a building permit. No more than one (1) sign shall be
permitted along each street on which the building has frontage. Real
estate signs shall be permitted only on the lot which the sign is
advertising.
8.
Sign area and dimension. Sign area shall include all lettering, wording,
coloring and accompanying designs and symbols, together with the background,
whether open or enclosed, but not including any supporting framework
and bracing incidental to the display itself. A free-standing sign
with two (2) exposures shall have a total sign area consisting of
the area of one (1) side of the sign, but both sides may be used.
Street number designations, postal boxes, family names on residences,
onsite traffic directional and parking signs, signs posting property
as "private property," "no hunting," or similar purposes, and "danger"
signs around utility and other danger areas are permitted, but are
not to be considered in calculating the sign area. The maximum dimension
in any direction along the surface of a sign shall be as stated in
each individual zone schedule.
9.
Temporary signs. No more than one (1) sign advertising the name of
the building under construction, general contractor, subcontractor,
financing institution, any public agencies or officials, and the professional
personnel who worked on the project are permitted on a construction
site beginning with the issuance of a building permit and terminating
with the issuance of a Certificate of Occupancy for the structure
or the expiration of the building permit, whichever comes first. Such
signs shall not exceed a gross area of sixteen (16) square feet.
10.
Gasoline service stations, filling stations, and public garages where
permitted only, may display, in addition, the following signs which
are deemed customary and necessary to their respective business:
(a)
Directional signs or letter displayed over individual entrance
doors or bays, consisting only of the words "washing," "lubrication,"
"import," provided that there shall be not more than one (1) such
sign over each entrance or bay. The letters thereof shall not exceed
twelve (12") inches in height and the total of each sign shall not
exceed six (6) square feet.
(b)
Customary lettering on or other insignia which are a structural
part of a gasoline pump, consisting only of the brand name or gasoline
sold, lead warning sign, a price indicator and any other sign required
by law and not exceeding a total of three (3) square feet on each
pump.
t.
Soil erosion and sediment control. All site plans and major subdivisions
shall incorporate soil erosion and sediment control programs phased
according to the scheduled progress of the development including anticipated
starting and completion dates. The purpose is to control soil erosion
and sediment damages and related environmental damage by requiring
adequate provisions for surface water retention and drainage and for
the protection of exposed soil surfaces in order to promote the safety,
public health, convenience and general welfare of the community.
1.
No building permit shall be issued for any development application
until all provisions of the State of New Jersey Soil Erosion and Sediment
Control Act, Chapter 251, P.L. 1975 have been satisfied or waived.
2.
Development applicants shall submit to the approving authority and
Municipal Engineer copies and documentation of the approval and certification
of the "Soil Erosion and Sediment Control Plan" by the Regional Soil
Conservation District or proof of waiver of same.
u.
Soil removal and redistribution. The excavation and grading for completion
of a development shall be done in accordance with the approved plat
which contains soil erosion and sediment control provisions. Excavation
of soil, other than required for the construction of approved structures
and supporting facilities such as but not limited to streets, driveways
and parking areas, shall be prohibited. Regrading of property so as
to redistribute topsoil throughout the site from areas excavated for
such approved structures and supporting facilities shall be permitted,
but shall be done to minimize or eliminate the erosion of soil. Any
application proposing the disturbance of more than five thousand (5,000)
square feet of surface area of land as defined in the Soil Erosion
and Sediment Control Act (Ch 251, P.L. 1975) shall include on its
plan the following: the means to control or prevent erosion, provide
for sedimentation basin(s) for soil that does erode due to water,
and control drainage, dust, and mud on the premises as well as abutting
lands; the preservation of soil fertility and the resulting ability
of the area affected to support plant and tree growth by maintenance
of adequate topsoil consisting of at least six (6") inches of the
original layer; maintenance of necessary lateral support and grades
of abutting lands, structures and other improvements; prevention of
pits and gorges which are hazardous or which provide insect breeding
locations; the physical limitations and characteristics of the soil
shall not be altered to prevent the use to which the land may lawfully
be put; and such other factors as may reasonably bear upon or relate
to the public health, safety and general welfare.
v.
Stormwater runoff.
1.
All developments shall incorporate onsite, stormwater facilities
that will encourage the slowing down of the rate stormwater leaves
the site. All measures used to control the rate of stormwater runoff
shall comply with the Grading and Filling, Soil Erosion and Sediment
Control, and Soil Removal and Redistribution provisions in this section.
2.
Where, in the opinion of the Borough Engineer, the amount of runoff
from the proposed development is sufficient to justify detention basin(s),
one (1) or more detention basins shall be required. The determination
of the amount of stormwater runoff and whether the amount of runoff
is sufficient for detention basin(s) shall be made by the approving
authority upon the advice of the Borough Engineer, Environmental Commission,
or Soil Conservation District. Each detention basin shall contain
a primary water depth capacity which will accept all surface water
directed to it from a twenty-five (25) year statistical storm. The
detention basin shall have a secondary water depth capacity, which
together with the primary water depth capacity will accept all surface
water directed to it from a one hundred (100) year statistical storm.
All stormwater runoff from the property shall be directed through
one (1) or more detention basins. The primary water depth capacity
shall have one (1) or more outlets permitting complete draining of
the maximum capacity of the detention basin at the primary water depth
in not less than twenty-four (24) hours. The same outlet(s) shall
provide for draining the detention basin capacity of the primary and
the secondary water depth capacity in not less than forty-eight (48)
hours.
3.
Vertical holes, filled with coarse rock, may be provided within the
detention basin for percolation into the soil.
4.
Impoundment/detention basins along any stream that maintains a steady
flow of water throughout the year may be constructed provided any
improvements designed to provide such impoundment/detention facilities
shall be designed to meet the standards of the Borough Engineer and
have the approval of the New Jersey Department of Environmental Protection,
and shall have the proper amount of sustained water flow downstream,
proper depth of water to control vegetation, and a proper design to
prevent water stagnation in any part of the pond.
5.
Where storm drains are installed outside streets, easements or rights-of-way
may be required.
6.
Notwithstanding the above, Stormwater Management shall be per the
Residential Site Improvement Standards for all residential development
and per the Stormwater Management Rules, N.J.A.C. 7:8, "All Major
Development" which is currently described as disturbing one (1) or
more acres.
w.
Streetlighting. Streetlighting standards of a type and number approved
by the approving authority and Borough Engineer shall be installed
at street intersections and elsewhere as deemed necessary by the approving
authority.
x.
Streets.
1.
All development shall be served by paved streets with an all weather
base and pavement with an adequate crown. The arrangement of streets
not shown on the Master Plan shall be such as to provide for the appropriate
extension of existing streets, conform with the topography as far
as practicable, and allow for continued extension into adjoining undeveloped
tracts.
2.
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.
3.
Local streets shall be designed to discourage through traffic.
4.
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 onsite 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 twenty-five (25') feet of depth
to allow for the establishment of the buffers outlined below unless
such buffers are established in a reserve strip controlled by the
Municipality or County. That portion of the 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 twenty-five
(25') foot buffer strip along the right-of-way line and for the full
length of the development so that in a reasonable period of time a
buffer area will exist between 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 (5') feet in height, they shall
be stabilized by ground cover to prevent soil erosion and 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.
All trees shall be of nursery stock having a caliper of not less than
two and one-half (2-1/2") inches measured three (3') feet above ground
level and be of an approved species grown under the same climatic
conditions as at the location of the development. They shall be of
symmetrical growth, free of insect pests and disease, suitable for
street use, and durable under the maintenance contemplated.
5.
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 and cartway
requirements shall be increased by ten (10') feet on the right side
of the street(s) approaching the intersection for a distance of 300
feet from the intersection of the center lines.
|
Classification
|
ROW Width
|
Traffic Lanes
|
Width Between Curbs
|
Total Utility and Right-of-Way Outside the Curb[2]
|
|---|---|---|---|---|
|
Arterial
|
86'
|
4 @ 12'
|
64'
|
22'
|
|
Collector
|
60'
|
2 @ 12'
|
40'
|
20'
|
|
Primary Local
|
56'
|
2 @ 10'
|
36'
|
14'
|
|
Secondary Local
|
50'
|
2 @ 10'
|
30'
|
20'
|
[2]
Shall be grass stabilized topsoil, minimum four (4") inches
deep.
6.
No development showing reserve strips controlling access to streets
or another area, either developed or undeveloped, shall be approved
except where the control and disposal of land comprising such strips
has been given to the Borough Council.
7.
In the event that a development adjoins or includes existing Municipal
streets that do not conform to widths as shown on either the Master
Plan or the street width requirements of this chapter, additional
land along both sides of the 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 Municipality 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 Municipality permitting the Municipality locality
to enter upon these lands for the purposes provided for and expressed
in the Development Chapter." 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 guarantees. If the subdivision is along one (1) side
only, one-half (1/2) of the required extra width shall be anticipated.
8.
Longitudinal grades on all local streets shall not exceed ten (10%)
percent, nor four (4%) percent on arterial and collector streets.
No street shall have a longitudinal grade of less than three-fourths
of one (0.75%) percent. Maximum grades within intersections shall
be four (4%) percent. The slope of the cartway from the center line
to the curbline or edge of the paving shall be two (2%) percent. Where
the cartway is banked to facilitate a curve in the street in the street
alignment, the slope toward the curbline or shoulder shall conform
to accepted engineering practice.
9.
Intersecting street center lines shall be as nearly at right angles
as possible and in no case shall they be less than seventy-five (75')
degrees at the point of intersection. The curblines shall be parallel
to the center line. Approaches to all intersections shall follow a
straight line for at least one hundred (100') feet measured from the
curbline of the intersecting street to the beginning of the curve.
No more than two (2) street center lines shall meet or intersect at
any one (1) point. Streets intersecting another street from opposite
sides shall have at least two hundred and fifty (250') feet between
the two street center lines. Any development abutting an existing
street which is classified as an arterial or collector street shall
be permitted not more than one (1) new street every eight hundred
(800') feet on 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 outlined
below determining the minimum standard for all curblines: arterial
at forty (40') feet; collector at thirty (30') feet; and local streets
at twenty (20') feet. No local streets shall be part of a four (4)
way intersection.
10.
Sight triangles shall be provided as required in the section entitled
"Sight Triangles."
11.
A tangent at least two hundred (200') feet long shall be introduced
between reverse curves on arterial and collector streets. When connecting
street lines deflect in any direction they shall be connected by a
curve with a radius conforming to standard engineering practice so
that the minimum sight distance within the curbline shall be one hundred
sixty (160') feet for a local street, three hundred (300') feet for
a collector street, and five hundred fifty (550') feet for an arterial
street.
12.
All changes in grade where the difference in grade is one (1%) percent
or greater shall be connected by a vertical curve having a length
of at least fifty (50') feet for each two (2%) percent difference
in grade, or portion thereof, and providing minimum sight distances
of one hundred sixty (160') feet for a local street, three hundred
(300') feet for a collector street, and five hundred fifty (550')
feet for an arterial street. Intersections shall be designed with
as flat a grade as practical with the advice of the Borough Engineer.
13.
Where dead-end (cul-de-sac) streets are utilized, they shall conform
to the following standards:
(a)
Dead-end streets of a permanent nature (where provision for
the future extension of the street to the boundary of the adjoining
property is impractical or impossible) or of a temporary nature (where
provision is made for the future extension of the street to the boundary
line of adjoining property) shall provide a turnaround at the end
with a right-of-way radius of not less than sixty (60') feet and a
cartway radius of not less than fifty (50') 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 the right of the center lines of the street, facilitating
the turnaround movement.
(b)
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 developer creating the street extension when the street is
extended.
14.
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 must be approved
by the Borough Council.
15.
Streets shall be constructed in accordance with the following standards
and specifications:
(a)
Arterial streets:
Six (6") inch quarry blend stone subbase
Six (6") inch bituminous stabilized base course
Two (2") inch FABC-1 surface course
(b)
Collector and local streets:
Six (6") inch soil aggregate base course NJDOT Mix 1-5
Three (3") inch bituminous stabilized base course NJDOT Mix
1-2
One and one-half (1-1/2") inch surface course NJDOT Mix 1-5
(c)
Streets presently constructed within the Borough of Beachwood
are to be considered conforming to the Borough's road specification
requirements as long as they have a minimum of six (6") inch soil
aggregate base course and three (3") inch bituminous stabilized base
course. On or after December 1st, 1992, said streets shall be considered
substandard unless they at that time meet the additional requirement
of one and one-half (1-1/2") inch surface course NJDOT Mix 1-5.
16.
Notwithstanding the above provisions, the developer shall be required
to follow the most current Capital Residential Improvement Standards
RSIS for street classification and construction.
y.
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 but there
shall be at least two (2) street signs furnished at each four-way
intersection and one (1) street sign at each "T" intersection. All
signs shall be installed free of visual obstruction.
z.
Swimming pools.
1.
No private residential pool shall be installed on any lot unless
the lot shall contain a residence and the pool shall be accessory
to the residence. The pool shall meet the side and rear yard requirements
for uses in the district in which it is located. No pool shall be
located in the front yard.
2.
A pool shall occupy no more than the equivalent of fifty (50%) percent
of the yard area in which it is located. For purposes of calculating
the area of a pool, the area shall include the water surface, the
patio adjoining the pool, and any pumping, circulation, and other
mechanical equipment required to operate the pool.
3.
Pools shall otherwise be installed, operated and used in accordance
with other health and safety ordinances regarding water filtration,
circulation and treatment, fencing, noise, and lighting.
aa.
Trailers. No trailer, auto-trailer, trailer coach, travel trailer,
recreational vehicle or camper shall be used for storage or dwelling
purposes or as sleeping quarters for one (1) or more persons, nor
shall any such trailer or camper be used for storage or space for
the conduct of any business profession, occupation or trade except
that such facility may be used for temporary residence for the temporary
replacement of a damaged dwelling unit and for temporary use as a
construction office located on a site during construction provided
a temporary permit has been issued for its use by the Construction
Code Official. This paragraph shall not be construed so as to prohibit
the parking or storage of such trailers, recreational vehicles and
campers on private premises shall be permitted to be stored at any
time within residential zones. Additionally, all motor vehicles stored
upon residential property shall be in conformity with the latest edition
of the International Property Maintenance Code as adopted by the Borough.
bb.
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 (2) or more streets including corner lots.
No front yard shall be used for open storage of boats, machinery
or any other equipment, except upon a conforming driveway. In the
event that said items are stored upon the driveway, they should not
go beyond the required length and width of said driveway. Additionally,
any items kept upon said property shall be in good repair and shall
not be in the state of major disassembly, disrepair or in the process
of being stripped or dismantled.
cc.
Water supply. The developer 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 Water Department and State agency having approval authority
and shall be subject to their approval. The system shall also be designed
with adequate capacity and sustained pressure for the present and
probable future development.
dd.
Inspection, materials, testing and costs.
1.
All improvements, except electric, gas, private utility lines and
telephone lines, shall be subject to the inspection and approval of
the Municipal Engineer and the Utility Company shall do their own
inspection.
2.
The office of the Borough Engineer shall be notified in writing at
least seventy-two (72) hours prior to commencement of any phase of
the project.
3.
No underground installation shall be covered until inspected and
approved by the Borough Engineer.
4.
Where, in the opinion of the Borough Engineer, materials shall be
tested for conformance with specifications, the property owner or
developer (in the case of a subdivision) shall be responsible for
all costs charged by the testing agency selected by the Borough Engineer.
5.
In the case of a subdivision, the developer shall pay all inspection
fees. The developer shall deposit with the Borough Clerk five (5%)
percent of the estimated cost of the improvements in the performance
bond in the form of cash or certified check to cover the cost of inspections.
6.
Inspections shall be made by the Borough Engineer at the following
times as a minimum. The developer shall be responsible for notifying
in writing the Borough Engineer's office at least twenty-four (24)
hours in advance of each of the following stages or phases of each
stage:
(a)
Site clearing.
(f)
Landscaping.
(1)
Prior to installation of trees and shrubs.
(2)
Prior to sowing grass seed.
|
Note:
| |
|---|---|
|
1.
|
No minor changes can be made to the approved site plan unless
granted in writing by the Borough Engineer. Any major changes may
necessitate another review by the Planning Board.
|
|
2.
|
Final approval by the Borough Engineer will not be given until
the project is one hundred (100%) percent completed, inspected and
certified in writing by the Borough Engineer that the project has
been built in accordance with the plans and specifications of the
approved project.
|
ee.
As-built plans.
1.
Prior to the acceptance by the Municipality of any improvement in
a subdivision and the release of a performance guarantee covering
same, there shall be filed with the Borough Engineer one (1) clothbacked
plus one (1) transparency on cloth plus five (5) prints of "as-built"
plans and profiles drawn to a suitable scale. Such drawings shall
show how the improvements were actually constructed and installed
and certified as to accuracy.
2.
Whenever in the opinion of the Borough Engineer as-built plans are
required for improvements other than subdivisions this shall be made
a condition of approval and included in the resolution. The specific
requirements of the as-built plans shall be provided in writing by
the Borough Engineer.
[Ord. #1/6/78, A XX, § 1; Ord. #94-19, § 2;
Ord. #97-14]
|
Zone
|
Description
|
|---|---|
|
R-A
|
Single Family Residential (30,000SF lot area)
|
|
R-B
|
Single Family Residential (8,000SF/d.u.)
|
|
R-D
|
Single Family Residential (Berkeley Avenue)
|
|
R-M
|
Medium Density Residential
|
|
(G)
|
Garden Apartments (14 d.u.s/acre)
|
|
(T)
|
Townhouses (8 d.u.s/acre)
|
|
B-1
|
General Business
|
|
B-2
|
Planned Commercial (Shopping Centers)
|
|
B-3
|
Business Zone
|
|
M-1
|
Light Industrial
|
|
R/C
|
Recreation-Conservation Areas
|
|
A R
|
Active Recreation Zone
|
[Ord. #1/6/78, A XX, § 2; Ord. #94-19, § 3;
Ord. #97-14, § 4; Ord. #2000-18, § 2; Ord. #2000-19;
Ord. #2001-21, § 2; Ord. #2006-22. Zoning Map amendments: Ordinance No. 2001-21, November 7, 2001; Ordinance No. 2006-22, November 13, 2006]
The Borough of Beachwood is hereby divided into zones, or districts,
as shown on the map entitled "Zoning Map of the Borough of Beachwood,"
adopted October 4, 2000, which map is hereby adopted by reference
and declared to be part of this chapter. The adoption date and the
Ordinance number of this ordinance shall be included on the Zoning
Map.
[1]
Editor's Note: The map referred to herein is included as an attachment to this chapter.
[Ord. #1/6/78, A XX, § 3]
Where uncertainty exists as to the boundaries of districts as
shown on the Official Zoning Map, the following rules shall apply:
a.
Boundaries indicated as approximately following the center lines
of streets, highways, or alleys shall be construed to follow such
center lines, unless such zone boundary lines are fixed by dimensions
shown on the Official Zoning Map.
b.
Boundaries indicated as approximately following platted lot lines
and where they do not scale more than ten (10') feet distance therefrom
shall be construed as following such lot lines; unless specifically
shown otherwise.
c.
In subdivided land and where a zone boundary divides a lot, the location
of such boundary, unless the same is indicated by dimensions shown
on the map, shall be determined by the use of the scale appearing
thereon.
d.
Boundaries indicated as approximately following Municipality limits
shall be construed as following Municipal limits.
e.
Boundaries indicated as following railroad lines shall be construed
to be midway between the main tracks.
f.
Boundaries indicated as following shore lines shall be construed
to follow such shore lines, and in the event of change in the shore
line shall be construed as moving with the actual shore line, boundaries
indicated as approximately following the center lines of streams,
rivers, canals, lakes or other bodies of water shall be construed
to follow such center lines.
g.
Boundaries indicated as parallel to or extensions of features indicated
in paragraphs a through f above, shall be so construed. Distances
not specifically indicated on the Official Zoning Map shall be determined
by the scale of the map. Lands falling within the area generally known
as "Riparian Rights" territory shall be governed by and shall be included
within the straight line extension of the zone boundaries of the zone
district to which the riparian right areas are adjoined.
h.
Where a zoning lot is located in part in one (1) zoning district
and in part in another zoning district the entire zoning lot or portion
thereof located in the neighboring zone may be used for a purpose
permitted in either zone upon application for a conditional use permit
and upon determining by the Planning Board that the following standards
and conditions are met:
1.
The use contemplated can best be established by utilizing the portion
of the zoning lot in the neighboring zone district without materially
affecting the adjoining areas.
2.
The site plan shall be appropriate to the adjoining area.
3.
A set of plans, specifications and plot plans shall be filed in triplicate
with the Planning Board showing overall dimensions, topographical
conditions, the location and intended use of existing and proposed
buildings, the relationship of the proposed use to the streets and
adjacent property and other physical features which might act as a
deterrent to the general welfare.
i.
Where physical or cultural features existing on the ground are at
variance with those shown on the Official Zoning Map, or in other
circumstances not covered by paragraphs a through above, the Board
of Adjustment shall interpret the district boundaries.
[Ord. #1/6/78, A XX, § 4]
The regulations set by this chapter within each district shall
be minimum regulations and shall apply uniformly to each class or
kind of structure of land, except as hereinafter provided:
a.
No building, structure, or land shall hereafter be used or occupied,
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved, or structurally altered unless
in conformity with all of the regulations herein specified for the
district in which it is located.
b.
No building or other structure shall hereafter be erected or altered:
1.
To exceed the height;
2.
To accommodate or house a greater number of families;
3.
To occupy a greater percentage of lot area;
4.
To have narrower or smaller rear yards, front yards, side yards,
or other open spaces; than herein required; or in any other manner
contrary to the provisions of this chapter.
c.
No part of a yard, or other open space, or off-street parking or
loading space required about or in connection with any building for
the purpose of complying with this chapter, shall be included as part
of a yard, open space, or off-street parking or loading space similarly
required for any other building.
d.
No yard or lot existing at the time of passage of this chapter shall
be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
chapter shall meet at least the minimum requirements established by
this chapter.
e.
Only those uses specifically identified as a permitted principal
use, permitted accessory use, conditional use, permitted sign or other
permitted provisions shall be permitted. All others uses are prohibited.
f.
All territory which may hereafter be annexed to the municipality
shall be considered to be zoned in the same manner as the contiguous
territory inside previous Municipal limits until otherwise classified.
[Ord. #1/6/78, A XX, § 5]
a.
Administration and enforcement. An Administrative Official designated
by the Borough Council shall administer and enforce this subsection
of the Development Chapter. He may be provided with the assistance
of such other persons as the Council may direct.
If the Administrative Official shall find that any of the provisions
of this chapter are being violated, by inspection or examination of
the Administrative Official, or his duly authorized assistants, of
any building, plans or premises and he shall have the right to enter
any building or premises during daylight hours in the course of his
duty, he shall notify in writing the person responsible for such violations,
indicating the nature of the violation and ordering action necessary
to correct it. He shall order discontinuance of illegal use of land,
buildings, or structures; removal of illegal buildings or structures
or of additions; alterations, or structural changes thereto; discontinuance
of any illegal work being done; or shall take any other action authorized
by this chapter to insure compliance with or to prevent violation
of its provisions. The stated violation shall then be corrected by
action of the violating party, and a second inspection and approval
shall be accomplished within thirty (30) days.
b.
Certificates of zoning compliance. For any development application
it shall be unlawful to use or occupy or permit the use or occupancy
of any building or premises, or both, or part thereof hereafter created,
erected, changed, converted, or wholly or partly altered or enlarged
in its use or structure until a certificate of zoning compliance shall
have been issued therefor by the Administrative Official stating that
the proposed use of the building or land conforms to the requirements
of this chapter and adequate planning standards.
No permit for erection, alteration, extension, enlargement,
movement, or repair of any building shall be issued until a certificate
of zoning compliance has been duly issued in accordance with the provisions
of this chapter. The certificate of zoning compliance shall be issued
by the Administrative Official stating that the proposed use of the
building or land conforms to the requirements of this chapter and
adequate planning standards. No certificate of zoning compliance shall
be issued by the Administrative Official unless the application for
the certificate is in conformity with all the provisions of this chapter
or has been duly exempted by variance.
Failure to obtain a certificate of zoning compliance shall be
a violation of this chapter.
c.
Expiration of building permit. If the work described in any building
permit has not commenced within ninety (90) days from the date of
issuance thereof, said permit shall expire, it shall be cancelled
by the Administrative Official; and written notice thereof shall be
given to the persons affected.
If the work described in any building permit has not been substantially
completed within two (2) years of the date of issuance thereof, the
permit shall expire and be cancelled by the Administrative Official,
and written notice thereof shall be given to the persons affected,
together with notice that further work as described in the cancelled
permit shall not proceed unless and until a new building permit has
been obtained.
d.
Construction and use to be as provided in applications, plans, permits,
and certificates of zoning compliance. Building permits or certificates
of zoning compliance issued on the basis of plans and applications
approved by the Administrative Official authorize only the use, arrangement,
and construction set forth in such approved plans and applications,
and no other use, arrangement, or construction. Use, arrangement,
or construction at variance with that authorized shall be deemed violation
of this chapter. If any such permit has been authorized and not lifted
from the office of the Administrative Official and executed by the
applicant within a period of six (6) months from the date of authorization,
then such authorization shall be null and void and no permit shall
be issued thereunder.
e.
Exempted uses. The following uses shall be permitted to be located
anywhere in the Municipality and shall be exempt from the provisions
of this chapter except as specifically stated in this section:
1.
Outdoor telephone booths owned and operated by the New Jersey Bell
Telephone Company. Erection of the booths shall be subject to the
approval of the Administrative Official and the Borough Engineer,
as to sites and construction, so that the same shall not constitute
traffic and/or safety hazards, such telephone booths shall be kept
in a good state of repair and appearance. The erection and maintenance
of the booths shall be subject to such regulations as may be prescribed
from time to time by the Administrative Official and Borough Engineer
in the interest of health, safety and general welfare of the public.
2.
Normal and customary public utility and service and distribution
lines.
3.
All Municipal uses and utilities.
4.
Outdoor shelters for school bus children or bus patrons. Erection
of such shelters shall be subject to the approval of the Administrative
Official and the Borough Engineer, as to sites and construction, so
that the same shall not constitute traffic and/or safety hazards,
such shelters shall be kept in a good state of repair and appearance.
The erection and maintenance of such shelters shall be subject to
such regulations as may be prescribed from time to time by the Administrative
Official and Borough Engineer in the interest of health, safety and
general welfare of the public. Such shelters may not carry any advertising
or other commercial display.
[Ord. #1/6/78, A XX, § 5]
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, morals or general welfare.
Wherever the requirements of this chapter are at variance with the
requirements of any other lawfully adopted rules, regulations, ordinances,
deed restrictions or covenants, the most restrictive or that imposing
the higher standards shall govern.
[Ord. #1/6/78, A XX, § 6]
Whenever a violation of this chapter occurs, or is alleged to
have occurred, any person may file a written complaint. Such complaint
stating fully the causes and bases thereof shall be filed with the
Administrative Official. He shall record properly such complaint,
immediately investigate, and take action thereon as provided by this
chapter.
[Ord. #1/6/78, A XXI, § 1]
Residential districts designated by R in this chapter, are established
in order to achieve the general goals as enumerated in the foregoing
sections and for the following specific purposes:
a.
To protect residential areas against fire, explosion, noxious fumes,
offensive noise, vibrations, smoke, dust, odors, heat, glare, and
other objectionable influences.
b.
To protect residential areas against the intrusion of abnormal vehicular
traffic and to provide space for off-street parking.
c.
To protect residential areas against congestion by regulating the
bulk of buildings in relation to the land around them and to provide
sufficient space in appropriate locations for residential development
to meet the needs of probable expansion in population.
d.
To protect those quasi-residential uses which require a residential
environment and which provide essential health and welfare services
for the residents.
[Ord. #1/6/78, A XXI, § 2; Ord. # 7/16/79, § 1;
Ord. #94-12, §§ 4, 5; Ord. #97-12, § 2]
b.
Permitted accessory uses.
1.
Private garage space for the storage of motor vehicles.
2.
Private, recreational facilities, such as, but not limited to: swimming
pools, tennis courts, ice-skating rinks, basketball courts, etc.,
but these uses shall not be conducted as a business, and provided
that all lighting shall be directed away from all adjacent lots.
3.
Fences, walls, hedges, etc.
4.
Private storage structures, not used for profit, servicing residential
principal uses, not to exceed one hundred twenty (120) square feet
in area.
c.
Conditional uses. Permitted upon application and approval.
1.
Structures for public utilities and municipal service as necessary
to provide adequate service and protection to the surrounding area
subject to the provisions of this chapter.
2.
The offices of any member of a recognized profession who resides
on the same lot and provided that not more than forty (40%) percent
of the habitable floor area is utilized for office space, and shall
be within and part of the principal structure.
d.
Bulk regulations.
1.
The requirements for this district of lot area and width, yard dimensions,
building coverage and height shall be listed in the Bulk Schedule
attached to and made part of this chapter.
Editor's Note: The Bulk schedule for all zones is included as an attachment to this chapter. For the bulk schedule for the Pinelands Area, see Section 17-27.
2.
(Reserved)
e.
Permitted signs.[1]
1.
One (1) non-illuminated, residential name-plate sign situated within
the property line and not exceeding one (1) square foot, in area on
any surface.
2.
One (1) non-flashing, non-illuminated, temporary sign pertaining
to the lease or sale of the same lot or building upon which it is
placed, situated within the property lines and the premises to which
it relates and not exceeding four (4) square feet in area on any one
(1) side. The sign must be moved from the premises within two (2)
days after the property has been sold.
3.
One (1) non-flashing, illuminated sign identifying a school, church,
public park or other such permitted use located no less than ten (10')
feet from any street or property line and not exceeding ten (10) square
feet in area on any one (1) side.
4.
No free-standing sign shall be erected closer to any front or side
lot line than ten (10') feet.
f.
Parking and other provisions and requirements. Off-street parking
spaces with appropriate access thereto shall be provided on the same
lot it is intended to serve in accordance with the following minimum
standards:
1.
One (1) family dwellings - A minimum of two (2) parking spaces for
each eight thousand (8,000) square feet or fraction thereof of gross
lot area, one of which may be a garage.
2.
Professional office/home use - Two (2) spaces per professional, one
(1) space per employee, in addition to conformance with all residential
parking requirements.
3.
The lands upon which a dwelling house is situate shall contain a
driveway or a parking area constructed from the street line toward
the interior of the lot of not less than twenty (20') feet in length
nor less than ten (10') feet in width.
(a)
The minimum setback of the driveway from the sideline shall
be six (6") inches;
(b)
The minimum depth of the driveway from the front property line
shall be twenty (20') feet;
(c)
The driveway shall not be closer than twenty-five (25') feet
to an intersection.
(d)
Driveways may be placed in front of the garage but they shall
not be placed or located directly in front of the main dwelling.
(e)
Driveways may overlap the dwelling by a maximum of four (4')
feet on the designated parking side.
g.
Prohibited uses.
1.
All nonresidential uses such as but not limited to: institutional,
commercial and industrial uses, including signs.
2.
All residential uses not specifically permitted in this zone.
3.
All farming and livestocking activities except those normally accepted
as common and domestic household pets.
4.
All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services as said terms are defined in Section 3 of P.L. 2021,
c. 16,[2] but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 5-5-2021 by Ord. No. 2021-06]
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
h.
Miscellaneous provisions.
1.
Soffets will be required in the front and rear of all dwelling houses,
the same to extend from the dwelling house not less than a combined
distance of twenty-four (24") inches; however, the rear of the dwelling
shall have a soffet extension of not less than six (6") inches.
2.
In all buildings arranged for the use of one (1) or two (2) family
dwelling units, all windows shall have wooden jambs, sills, and trim,
interior and exterior.
[Ord. #1/6/78, A XXI, § 2; Ord. #7/16/79, § 1;
Ord. #97-12, § 2; Ord. #2002-18, § 2; Ord. No. 2016-03]
b.
Permitted accessory uses.
c.
Conditional uses. Permitted upon application and approval.
1.
The offices of any member of a recognized profession who resides
in the same dwelling and provided that not more than forty (40%) percent
of the habitable floor area is utilized for office space.
2.
Charitable, and philanthropic institutions and community services
not including any hospitals.
3.
(Reserved)
4.
Structures for public utilities and municipal service as necessary
to provide adequate service and protection to the surrounding area
subject to the provisions of this chapter.
5.
Home occupations in dwelling as defined by this chapter.
6.
Public parks, playgrounds and public recreational uses.
d.
Bulk regulations.
1.
The requirements for this district of lot area and width, yard dimensions,
building coverage and height shall be listed in the Bulk Schedule
attached to and made part of this chapter.
Editor's Note: The Bulk schedule for all zones is included as an attachment to this chapter. For the bulk schedule for the Pinelands Area, see Section 17-27.
2.
(Reserved)
e.
Permitted signs.[1]
1.
One (1) non-illuminated, residential name-plate sign situated within
the property line and not exceeding one (1) square foot, in area on
any surface.
2.
One (1) non-flashing, non-illuminated, temporary sign pertaining
to the lease or sale of the same lot or building upon which it is
placed, situated within the property lines and the premises to which
it relates and not exceeding four (4) square feet in area on any one
(1) side. The sign must be removed from the premises within two (2)
days after the property has been sold.
3.
One (1) non-flashing, illuminated sign identifying a school, church,
public park or other such permitted use located no less than ten (10')
feet from any street or property line and not exceeding ten (10) square
feet in area on any one (1) side.
4.
No free-standing sign shall be erected closer to any front or side
lot line than ten (10') feet.
f.
Parking and other provisions and requirements. Off-street parking
spaces with appropriate access thereto shall be provided on the same
lot it is intended to serve in accordance with the following minimum
standards:
1.
One (1) family dwellings - Two (2) parking spaces for each eight
thousand (8,000) square feet or fraction thereof, of gross lot area.
2.
Professional office/home use - Two (2) spaces per professional, one
(1) space per employee in addition to conformance with all residential
parking requirements.
3.
The lands upon which a dwelling house is situated shall contain a
driveway or a parking area constructed from the street line toward
the interior of the lot of not less than twenty (20') feet in width
by twenty (20') feet in depth and having a minimum of four (4") inches
of packing gravel as a surface.
g.
Prohibited uses.
1.
All nonresidential uses such as but not limited to institutional,
commercial and industrial uses, including signs.
2.
All residential uses not specifically permitted in this zone.
3.
All farming and livestocking activities, such as, but not limited
to all farm animals, poultry, exotic animals, birds and reptiles,
except those normally accepted as common and domestic household pets.
4.
All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services as said terms are defined in Section 3 of P.L. 2021,
c. 16,[2] but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 5-5-2021 by Ord. No. 2021-06]
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
h.
Miscellaneous provisions.
1.
Soffets will be required in the front and rear of all dwelling houses,
the same to extend from the dwelling house not less than a combined
distance of twenty-four (24") inches; however, the rear of the dwelling
shall have a softer extension of not less than six (6") inches.
2.
In all buildings arranged for the use of one (1) or two (2) family
dwelling units, all windows shall have wooden jambs, sills, and trim,
interior and exterior.
[Ord. #94-19, § 1; Ord. #99-15, § 2]
All provisions of the R-B Residential Zone Regulations as contained within subsection 17-23.3 are incorporated herein by reference in their entirety, with the exception of the following: All requirements imposed by the R-B Zone are hereby also imposed for the R-D Zone with the exception of lot depth which shall be not less than sixty (60') feet and linear foot minimum rear setback which shall be fifteen (15') feet with the further exception that an exterior deck railing and stairs shall have the linear minimum rear setback no less than ten (10') feet. In the event that the actual lot depth between Berkeley Avenue and the Berkeley Township boundary line is less than sixty (60') feet, then said lot depth in this unique area shall be considered conforming. However, said property shall still be subject to the above-stated additional requirements.
[Ord. #1/6/78, A XXI, § 4; Ord. #97-19, § 1]
b.
Permitted accessory uses.
c.
(Reserved)
d.
Bulk regulations.
1.
As specified in the Bulk Schedule, attached to and made part of this
chapter as to the following regulations:
Editor's Note: The Bulk schedule for all zones is included as an attachment to this chapter. For the bulk schedule for the Pinelands Area, see Section 17-27.
|
Garden Apartments
|
R-M(G)
|
|
Townhouses
|
R-M(T)
|
e.
f.
Parking and other provisions and regulations.
1.
Parking. Off-street parking spaces with appropriate access thereto
shall be provided on the same lot or tract as it is intended to serve
in accordance with the following minimum standards:
2.
Garden apartment provisions.
(a)
At least ten (10%) percent of the proposed dwelling units shall
consist of efficiency apartments, at least eighty percent (80%) of
the dwelling units shall consist of one (1) bedroom apartments, and
not more than ten (10%) percent of the units may be two (2) bedroom
apartments. No three (3) bedroom or larger apartments are permitted.
(b)
(Reserved)
(c)
A twenty-five (25') foot wide densely planted screening and
buffer area shall be created at all zone boundary lines around the
periphery of the project.
(d)
At least ten (10%) percent of the gross site area shall be developed
as recreational space intended to serve the active and passive recreation
needs of the residents of the proposed garden apartment development.
The proposed recreation area plan shall be submitted for review and
approval. Ponds, lakes, and/or wooded areas shall not be included
in this area computation.
3.
Townhouse provisions.
(a)
At least seventy (70%) percent of the proposed townhouse dwelling
units shall consist of two (2) bedroom townhouses, and not more than
thirty (30%) percent of the proposed dwelling units shall be three
(3) bedroom townhouses. No four (4) bedroom or larger townhouses are
permitted.
(b)
(Reserved)
(c)
At least ten (10%) percent of the gross site area shall be developed
as recreational space intended to serve the active and passive recreation
needs of the proposed townhouse residents. The proposed recreation
area plan shall be submitted for review and approval. Ponds, lakes,
and/or wooded areas shall not be included in this area computation.
(d)
A twenty-five (25') foot wide densely planted screening and
buffer area shall be created at all zone boundary lines around the
periphery of the project.
(e)
The minimum bulk requirements for each townhouse unit are set
forth in Column RM-T of the Bulk Schedule. Additionally, each proposed
townhouse development, in order to qualify for application of townhouse
standards must comply with the following gross site criteria:
|
Minimum site size:
|
130,000 S.F.
|
|
Minimum site width:
|
400 L.F.
|
|
Minimum site depth:
|
400 L.F.
|
g.
Prohibited uses.
1.
All nonresidential uses such as but not limited to commercial, institutional
and industrial uses, public and semi-public uses.
2.
All residential uses not specifically permitted in this zone.
3.
All farming and livestocking activities, such as, but not limited
to all farm animals, poultry, exotic animals, birds and/or reptiles,
except those normally accepted as common and domestic household pets.
4.
All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services as said terms are defined in Section 3 of P.L. 2021,
c. 16,[2] but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 5-5-2021 by Ord. No. 2021-06]
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[Ord. #1/6/78, A XXI, § 5]
The General Business Zone is established to achieve the following
specific purposes:
a.
To encourage the tendency of retail development to cluster to the
mutual advantage of both customers and merchants and thus to promote
public convenience, prosperity and welfare.
b.
To protect commercial development against the establishment of uses
which would create hazards, offensive noise, vibrations, smoke, dust,
odors, heat, glare, and other objectionable influence.
c.
To protect commercial development against congestion as far as is
possible and appropriate in each area by limiting the bulk of buildings
in relation to the land around them and to one another.
[Ord. #1/6/78, A XXI]
a.
Permitted principal uses.
1.
Retail businesses.
2.
Personal services establishments.
3.
Business, professional and governmental offices.
4.
Banks and fiduciary institutions.
5.
Cultural sales, instruction and supply sales.
6.
Professional and business schools.
7.
Food consumption establishments (except curb service food sales).
b.
Permitted accessory uses.
1.
Off-street parking spaces.
2.
Off-street loading spaces.
3.
Residential use over top of commercial uses, apartment not occupying
ground floor, not exceeding forty-nine (49%) percent of total combined
floor area.
4.
Storage of goods under roof and enclosed, incidental to conduct of
the principal commercial activity. Interior storage areas must be
permanent, non-movable structures on a permanent foundation and so
constructed as to be both architecturally and aesthetically harmonious
with the principal use.
5.
Any use not specifically listed in paragraph a., Permitted principal
uses which is substantially similar in purpose, function, character
and effect to any one of the uses listed or can reasonably be considered
accessory thereto.
c.
Conditional uses. Permitted upon application and approval of the
Board of Adjustment.
d.
Bulk regulations. As specified in the Bulk Schedule, attached to,
and made part of this chapter.
Editor's Note: The Bulk schedule for all zones is included as an attachment to this chapter. For the bulk schedule for the Pinelands Area, see Section 17-27.
e.
f.
Parking and other provisions and requirements.
1.
Off-street parking facilities in addition to all other parking and
off-street facilities required on the basis of two (2) spaces for
every dwelling unit in accordance with the provision of this section.
2.
For permitted business and service establishments one (1) parking
space for each three hundred (300) square feet of gross floor area
of the establishment.
3.
Off-street loading berths for all retail and commercial establishments
having a gross floor area in excess of ten thousand (10,000) square
feet - one (1) loading berth for every ten thousand (10,000) square
feet or fraction thereof, of gross floor area.
4.
Public and private parking lots are permitted.
g.
Prohibited uses.
1.
All residential, service, commercial, or industrial uses not specifically
permitted in this zone.
2.
Any use that may be noxious or injurious by reason of the production
or emission of dust, smoke, refuse, matter, coal or gas fumes, noise,
vibration, or similar substances or conditions is specifically prohibited.
3.
Billboards or signs painted upon the exterior side or rear walls
of any principal or accessory building or structure.
4.
Curb service facilities or drive-in type restaurants, junkyards,
livestock and poultry keeping.
5.
The sale, rental, leasing, storage and/or repairs of new and/or used
cars, trucks or other vehicles.
6.
All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services as said terms are defined in Section 3 of P.L. 2021,
c. 16,[2] but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 5-5-2021 by Ord. No. 2021-06]
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[Ord. #1/6/78, A XXI]
The Planned Commercial District, identified as B-2 in this chapter,
is established to achieve general goals which include, among others,
the following specific purposes:
a.
To provide sufficient space for the transaction of all types of commercial
and miscellaneous permitted service activities in a beneficial relationship
to one another.
b.
To protect commercial development against the establishment of uses
which would create hazards, offensive noise, vibrations, smoke, dust,
odors, glare and other objectionable influences.
c.
To provide appropriate space and particularly sufficient depth from
the street to satisfy the needs of modern retail development including
the need for off-street parking space and areas to which the majority
of shoppers come by automobile.
d.
To require that the zone be developed as a group or groups of properly
related business and compatible facilities comprising a single architectural
scheme with appropriate landscaping.
e.
To insure a comprehensive set of design requirements governing such
things as land use, building placement, building coverage, off-street
parking, buffering and screening.
[Ord. #1/6/78, A XXI; Ord. #2002-18, § 3]
a.
Permitted principal uses.
1.
Regionally oriented retail shopping centers, consisting of integrated
developments of such uses as retail stores and shops, personal service
establishments, department stores, professional and business offices,
banks, post offices, restaurants, theaters and auditoriums, housed
in an enclosed building or buildings and utilizing such common facilities
as customer parking areas, pedestrian walks, truck loading and unloading
space, utilities and sanitary facilities, and other necessary and
appropriate accessory uses, subject to and in conformance with the
regulations cited herein.
b.
Permitted accessory uses.
1.
Off-street parking spaces, parking garages, and off-street loading
areas.
2.
Indoor storage of goods incidental to the conduct of the retail business.
3.
Accessory uses as part of a permitted school facility including off-street
parking, recreation and athletic facilities, signs, fencing, and storage
buildings and outdoor storage for school and athletic equipment.
c.
Conditional uses. Permitted upon application to and approval of the
Board of Adjustment.
1.
Structures for public utilities and municipal services as necessary
to provide adequate service and protection to the surrounding area
subject to the provisions of this chapter.
d.
Bulk regulations. As specified in the Bulk Schedule, attached to,
and made part of this chapter.
Editor's Note: The Bulk schedule for all zones is included as an attachment to this chapter. For the bulk schedule for the Pinelands Area, see Section 17-27.
e.
Permitted signs.[1]
1.
One (1) non-flashing sign indicating permitted professional offices
provided that such signs shall not exceed one (1) square foot.
2.
One (1) sign shall be permitted for each permitted use, and may be
an illuminated business sign, provided that the total area of any
sign should not exceed one hundred fifty (150) square feet. Such signs
shall be displayed so as not to project more than eighteen (18") inches
from the surface of the building or beyond the ends of the building.
3.
One (1) non-flashing, non-illuminated, temporary sign pertaining
to the lease or sale of the same lot or building upon which it is
placed situated within the property lines and the premises to which
it relates and not exceeding ten (10) square feet in area on any one
(1) side. The sign must be removed from the premises within two (2)
days after property has been sold.
4.
Identification signs. Free-standing signs may be erected to identify
a shopping center and to list individual occupants, provided that
not more than one (1) such sign shall be erected for each five hundred
(500') feet of frontage on a public street, and further provided that
the aggregate area of all sides of any such signs shall not exceed
two hundred (200) square feet. Such signs may be illuminated, but
shall not be of the flashing type, shall not exceed the height of
the principal building, shall not be located within fifty (50') feet
of a public street or parking area driveway or within one hundred
(100') feet of the boundary of a residence zone, and shall in no way
interfere with the safe functioning of any traffic control signal
or directional device.
5.
Directional signs (ingress). One (1) free-standing sign may be erected
at each driveway which provides a means of ingress for off-street
parking facilities on the premises, relate only the name of the use
or facility and appropriate traffic instructions, shall not exceed
ten (10) square feet in area for each of two (2) faces, shall be mounted
so as not to obstruct vision and shall not exceed ten (10') feet in
height.
6.
Directional signs (egress). Free-standing signs may be erected on
the premises for the purpose of providing directions to traffic leaving
the premises, shall not exceed ten (10) square feet in area on each
of two (2) sides, shall be mounted so as not to obstruct vision and
shall not exceed ten (10') feet in height.
7.
Traffic control signs. Free-standing signs may be erected which are
necessary to control and regulate the movement of traffic on the interior
roadways on the premises, provided the number and location of such
signs are approved by the Planning Board. Such signs shall not exceed
four (4) square feet in area and shall not exceed a height of six
(6') feet.
8.
Parking lot signs. Free-standing signs may be erected within the
parking areas to identify particular areas or sections of the parking
lot, provided that not more than one (1) such sign shall be permitted
for each forty thousand (40,000) square feet of parking area, and
further provided that such signs shall not exceed an area of three
(3) square feet on each of four (4) faces nor exceed a height of twenty
(20') feet. In addition, free-standing signs may be erected at each
end of a parking aisle for identification purposes, provided that
such signs shall not exceed one (1) square foot in area nor exceed
a height of ten (10') feet. All of the above described signs must
be mounted not less than seven (7') feet above the ground.
f.
Parking and other provisions and requirements.
1.
Public and private parking lots and parking garages permitted.
2.
For permitted commercial uses - four (4) parking spaces for each
one thousand (1,000) square feet of gross floor area of the establishment.
3.
Off-street loading berths for all retail and commercial establishments
having a gross floor area in excess of ten thousand (10,000) square
feet - one (1) loading berth for every ten thousand (10,000) square
feet, or fraction thereof, of gross floor area.
4.
Not more than two (2) driveways, of ingress or egress for parking
areas shall be permitted for each three hundred (300') feet of frontage
upon a public street, nor shall any driveway be located closer than
one hundred (100') feet to the intersection of two (2) public streets.
Acceleration and deceleration lanes shall be provided.
5.
A buffer area shall be established on all sides of the proposed commercial
use, which shall include an area of land twenty-five (25') feet in
width as measured from street or property line. Within the buffer
area, no use, activity or sign shall be established other than driveways
and directional signs.
6.
The proposed development shall be constructed in accordance with
an overall site plan, shall be designed as a single architectural
scheme with appropriate common landscaping and shall provide initially
at least for the construction of a prime tenant of ten thousand (10,000)
square feet of ground floor area and a minimum of six (6) other permitted
main uses. The total area of the lot devoted to such use shall be
not less than five (5) acres in size.
g.
Prohibited uses.
1.
All noncommercial uses such as but not limited to residential and
industrial uses.
2.
All commercial uses except as permitted herein.
3.
Any use that may be noxious or injurious by reason of the production
or emission of dust, smoke, refuse, matter, coal, or gas fumes, noise,
vibration, or similar substances or conditions.
4.
Billboards or exterior wall signs.
5.
Curb service type restaurants, junkyard, livestock and poultry keeping.
6.
The sale, rental, leasing, storage and/or repairs of new and/or used
cars, trucks or other vehicles.
7.
Gas stations, filling stations, service stations, etc.
8.
All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services as said terms are defined in Section 3 of P.L. 2021,
c. 16,[2] but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 5-5-2021 by Ord. No. 2021-06]
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[Ord. 1/6/78, A XXI]
a.
Permitted uses.
d.
Bulk regulations. As specified in the Bulk Schedule, attached to,
and made part of this chapter.
Editor's Note: The Bulk schedule for all zones is included as an attachment to this chapter. For the bulk schedule for the Pinelands Area, see Section 17-27.
e.
Parking and other provisions and requirements.
1.
Off-street parking facilities in addition to all other parking and
off-street facilities required on the basis of two (2) spaces for
every dwelling unit in accordance with the provision of this section.
2.
For permitted business and service establishments one (1) parking
space for each three hundred (300) square feet of gross floor area
of the establishment.
3.
Off-street loading berths for all retail and commercial establishments
having a gross floor area in excess of ten thousand (10,000) square
feet-one (1) loading berth for every ten thousand (10,000) square
feet or fraction thereof, of gross floor area.
4.
Public and private parking lots are permitted.
f.
Prohibited uses.
1.
All residential, service, commercial, institutional, or industrial
uses not specifically permitted in this zone.
2.
Any use that may be noxious or injurious by reason of the production
or emission of dust, smoke, refuse, matter, coal or gas fumes, noise,
vibration, or similar substances or conditions is specifically prohibited.
3.
Billboards or signs painted upon the exterior side or rear walls
of any principal or accessory building or structure.
4.
The sale, rental, leasing, storage and/or repairs of new and/or used
cars, trucks and other vehicles.
5.
Gas stations, filling stations, service stations, etc.
6.
All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services as said terms are defined in Section 3 of P.L. 2021,
c. 16,[1] but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 5-5-2021 by Ord. No. 2021-06]
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[Ord. #87-17, § 1]
a.
Permitted uses.
1.
Offices and warehouses of contractors, building trades or allied
thereto provided that there is no open bulk storage of materials.
2.
Public buildings.
3.
Retail businesses.
4.
Personal services establishments.
5.
Banks and fiduciary institutions.
6.
Cultural sales, instructions and supply sales.
d.
Bulk regulations. As specified in the Bulk Schedule attached to and
made a part of this chapter.
Editor's Note: The Bulk schedule for all zones is included as an attachment to this chapter. For the bulk schedule for the Pinelands Area, see Section 17-27.
e.
Parking and other provisions and requirements.
1.
Off-street parking facilities in addition to all other parking and
off-street facilities required on the basis of two (2) spaces for
every dwelling unit in accordance with the provisions of this section.
2.
For permitted business and service establishments, one (1) parking
space for each three hundred (300) square feet of gross floor area
of the establishment.
3.
Off-street loading berths for all retail and commercial establishments
having a gross floor area in excess of ten thousand (10,000) square
feet - one (1) loading berth for every ten thousand (10,000) square
feet or fraction thereof, of gross floor area.
4.
Public and private parking lots are permitted.
f.
Prohibited uses.
1.
All residential, service, commercial, institutional or industrial
uses not specifically permitted in this zone.
2.
Any use that may be noxious or injurious by reason of the production
or emission of dust, smoke, refuse, matter, coal or gas fumes, noise
vibration or similar substances or condition is specifically prohibited.
3.
Billboards or signs painted upon the exterior side of rear walls
of any principal or accessory building or structure.
4.
The sale, rental, lease, storage and/or repairs of new and/or used
cars, trucks and other vehicles.
5.
All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services as said terms are defined in Section 3 of P.L. 2021,
c. 16,[1] but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 5-5-2021 by Ord. No. 2021-06]
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[Ord. #1/6/78, A XXI]
The Light Industrial Zone is created to achieve the following
specific goals:
To provide sufficient space in appropriate locations for attractive,
modern, landscaped, industrial complexes which do not create any hazards
or create noise, vibrations, smoke, dust, odors, heat, glare, and
other objectionable influences such as combustibility which would
be offensive to adjoining lands that require an environment free from
these influences.
To provide protection for non-industrial zones or uses bordering
the Light Industrial Zone or in close proximity thereto.
a.
Permitted principal uses.
1.
Business, professional and governmental offices.
2.
Research, experimental and testing laboratories.
3.
Wholesale offices and showrooms with accessory storage of goods.
4.
Screened storage and warehousing.
5.
Light Industrial manufacturing such as, but not limited to, the following
process and products:
(a)
Food products manufacturing.
(b)
Textile mill products.
(c)
Apparel and finished products from fabrics and materials.
(d)
Lumber and wood products manufacturing.
(e)
Paper products manufacturing.
(f)
Fabricated metal products.
(g)
Printing and publishing industries.
(h)
Stone and clay products manufacturing, except cement, gypsum,
etc.
(i)
Electronic, technologic, and scientific fabrication.
d.
Bulk regulations.
1.
As specified in the Bulk Schedule attached to and made part of this
chapter for M-1 Zone.
Editor's Note: The Bulk schedule for all zones is included as an attachment to this chapter. For the bulk schedule for the Pinelands Area, see Section 17-27.
f.
Parking and other provisions and requirements.
1.
Off-street parking space with appropriate access thereto shall be
provided on the same lot as it is intended to serve as follows:
(a)
Three (3) spaces for every one thousand (1,000) square feet
of gross floor area of the establishment, or one (1) space for each
two (2) employees, whichever is greater.
(b)
Not more than two (2), two-way driveways, as means of ingress
and egress for parking areas, shall be permitted for each four hundred
(400) feet of frontage on a public street, nor shall any such driveway
be located within two hundred (200') feet of the intersection of two
(2) public streets.
(c)
Truck loading and unloading areas shall be provided to permit
the transfer of goods and products in other than a public street,
off-street parking area, or required front yard area, at the rate
of one (1) space for each fifteen thousand (15,000) square feet of
gross floor area.
(d)
All uses permitted in this zone shall set aside twenty (20%)
percent of the lot to be devoted to seeding, planting, retention of
tree cover, or other landscaping; this area shall be used for no other
purpose, other than a buffer area, as stipulated in this chapter.
(e)
All activities and process shall take place within an enclosed
building; incidental storage out of doors shall be shielded from view
from public streets, and adjacent off-street parking areas by fencing,
landscaping or other appropriate measures.
(f)
Off-street parking areas for visitors and/or employees shall
be designed to provide for a convenient flow of circulation.
(g)
None of the above required off-street parking or off-street
unloading spaces may be applied to more than one (1) requirement,
nor may any site serve more than one (1) function.
g.
Prohibited uses.
1.
Residences of any type, however, a nonconforming building may not
be altered, enlarged, or extended but may be repaired or maintained
to a degree subject to the determination of the Construction Code
Official except that a building which is residential in use but is
a nonconforming use because it is located in other than a residential
zone may be altered, enlarged or extended without the necessity of
acquiring a variance provided it meets all other provisions of this
chapter and does not enlarge the number of dwelling units, and shall
not violate the average prevailing setback line.
2.
Retail business of any type, except as otherwise specified.
3.
Heavy industries or any other use that creates substantial amounts
of offensive noise, vibrations, smoke, dust, odors, heat, glare, or
other objectionable influences and creates danger to safety in the
surrounding areas.
4.
Religious institutions and schools, charitable and philanthropic
institutions.
5.
Refining, processing, distribution, transmission and storage of any
gasoline, crude oil, or the manufacture of bottled fuel gas, or any
of the principal products or of the petro-chemical industry.
6.
Billboards and painted exterior wall signs.
7.
No use which may be toxic, lethal, hazardous, dangerous or injurious
to the general health, safety and welfare of the general public shall
be permitted in the M-1 Zone.
8.
Tanks specifically prohibited.
9.
All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services as said terms are defined in Section 3 of P.L. 2021,
c. 16,[2] but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 5-5-2021 by Ord. No. 2021-06]
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[Ord. #1/6/78, A XXI; Ord. #92-06, § 1; Ord. #95-22,
§ 1; Ord. #97-05, § 1; Ord. #2001-11, §§ 1,2]
The Recreation and Conservation Zone is created to achieve the
following specific goals:
To provide areas for large community oriented recreational facilities.
To identify and preserve open lands possessing sensitive environmental
conditions such as, but not limited to, stream beds, high ground water
table, extreme topographic conditions, ground water recharge areas,
etc.
To encourage reasonable harmony between the demands for environmental
sensitivity in land usage and the demands for equitable development
of individual property rights.
a.
Permitted uses.
1.
Public park and recreation areas.
2.
Natural resource and environmental conservation.
3.
Beachwood municipal composting facilities. Municipal composting facilities
limited to those operated by the Borough of Beachwood by itself or
in conjunction with the county and other nearby municipalities limited
to composting of vegetative waste such as leaves, grass and similar
organic materials as allowed under NJDEPE Division of Solid Waste
I.D. No. 23. This use is specifically limited to the following Block
8.49, Lots 1 and 2, Block 8.50, Lots 1 and 3, Block 8.64, Lots 1 and
4 all as delineated on the Borough of Beachwood Tax Map.
4.
Municipal and recreational structures or uses approved by Borough.
c.
Conditional uses. None.
d.
Bulk regulations. No structures are permitted in this Zone with the
exception of those provided at paragraph a hereinabove.
e.
Permitted signs.
1.
One (1) non-illuminated, recreational name-plate sign situated within
the property line and not exceeding ten (10) square feet in area on
any surface.
f.
Parking and other provisions and requirements.
1.
Off-street parking facilities shall be required on the basis of the
following formulae:
g.
Prohibited uses. Any and all other uses.
1.
All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services as said terms are defined in Section 3 of P.L. 2021,
c. 16,[1] but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 5-5-2021 by Ord. No. 2021-06]
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[Ord. #1/6/78, A XXIII]
All zoning requirements shall be met at the time of any erection,
enlargement, moving, or change in use. If a new structure is added
to an existing complex of structures or if an existing structure has
an addition, the site plan provisions of this chapter shall apply
to the enlargement or new structure.
All developments resulting from subdivision and site plan approvals
shall comply with all the design and performance standards, including
conditions imposed by the approving authority as shown on the approved
plat and/or included in the resolution adopted by the approving authority.
[Ord. #1/6/78, A XXIV; Ord. #82-14, § II; New]
It shall be unlawful for any person, firm, or corporation, to
erect, construct, alter, extend, repair, remove, demolish, use or
occupy any building, structure, or land in violation of this chapter
or of any other ordinance or regulation made under authority conferred
hereby.
Any person, firm, or corporation who shall violate any provisions of this chapter shall, upon conviction thereof, be subject to the General Penalty as established in Chapter 1, Section 1-5.
In addition to the foregoing, the Municipality may institute
and maintain a civil action; and may ask their legal representative
to proceed at law or in equity against the person responsible for
the violation for the purpose of ordering that person:
To restrain, correct, or remove the violation, or refrain from
any further violation;
To restrain or correct the erection, installation, or alteration
of such structure or building;
To require the removal of work in violation; or
To prevent the occupation or use of the structure, building,
or land or part thereof, erected, constructed, installed, altered
or used in violation of or not in compliance with, the provisions
of this chapter or of any other ordinance or other regulation made
under authority conferred hereby.
[Ord. #1/6/78, A XXV]
It shall be the duty of the Zoning Officer (who shall be the
Construction Code Official) to administer and enforce the zoning provisions
of this chapter. No building permit shall be issued unless the plans
are accompanied by an approved zoning permit. No zoning permit shall
be issued unless the proposed structure, use, temporary activity,
and construction activities are in compliance with this chapter. In
cases involving the new use of an existing structure, no Certificate
of Occupancy for the new tenant shall be issued until a zoning permit
has been issued.
It shall be the duty of the Borough Engineer to enforce the
provisions of subdivision and site plan approvals.
