Borough of High Bridge, NJ Article VIII Improvements and Design Standards

§ 145-801 Standards and specifications.

A. All construction shall be in accordance with the applicable standards and specifications in the "Standard Specifications" of the New Jersey Department of Transportation, the "Residential Site Improvement Standards," and construction specifications of the Borough of High Bridge.

B. All residential development shall comply with the Residential Site Improvement Standards (RSIS) of the New Jersey Administrative Code, Title 5, Chapter 21, as promulgated the Commissioner of the Department of Community Affairs pursuant to the authority of P.L. 1993, c. 32 (N.J.S.A. 40:55D-40.1 et seq.) When a conflict is evident between a requirement of this chapter and the Residential Site Improvement Standards, the Residential Site Improvement Standards shall prevail. The standards specified in this article shall apply to all developments requiring subdivision, site plan, conditional use and/or variance approval.

§ 145-802 Stormwater management. [1]

A. Stormwater management systems shall be designed and constructed in accordance with the RSIS. As required in the RSIS, stormwater management systems shall emphasize a natural, instead of an engineered, drainage strategy. If an engineered strategy is preferred by the applicant, then sufficient documentation must be submitted to demonstrate why natural methods are not feasible on the site.

B. The drainage plan shall maximize the opportunity for stormwater to recharge the groundwater whenever possible. Innovative techniques such as the use of dry wells, dispersed overland flow, porous pavement, etc., are encouraged. If methods to recharge the groundwater on the site are not feasible, then the applicant must submit sufficient documentation to support this conclusion.

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

D. A final drainage plan shall accompany the final subdivision or site plan. Such drainage plan shall show the same information as required on the preliminary plan with the addition that the individual lot grading shall be shown as follows:

(1) Final grades shall be shown for each corner, all high and low points and breaks in grade, finished floor elevations or structures, finished grades of septic systems, if applicable, and at the corners of tentative structure locations.

(2) If the use of drainage swales is intended, the bottom elevation of these swales shall be shown.

(3) The minimum grade of disturbed areas shall be 1.5%.

(4) Prior to construction of foundation walls, an as-built plan of the horizontal and vertical location of the foundation footing shall be submitted to the Zoning Officer for review and approval.

(5) As a condition precedent to the issuance of a certificate of occupancy for any lot in the development, the developer or building contractor shall submit an as-built, lot-grading plan to the Borough Engineer bearing an engineer's certification that the lot grading complies with the approved final lot grading and soil erosion and sediment control plans for the development.

E. Approval of drainage structures shall be obtained from all appropriate Borough, county, state and federal agencies and offices. Each applicant shall make appropriate application to the NJDEP, the Hunterdon County Planning Board, and the approval from the proper governmental authorities shall be furnished to the administrative officer with a copy of each letter forwarded to the Borough Engineer.

F. Drainage maintenance easements shall be required by the Borough at locations indicated on an approved development plan where a tract or lot is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream. The drainage maintenance easement shall conform substantially to the lines of such watercourse and, in any event, shall meet any minimum widths and locations as shown on any adopted Official Map or Master Plan. A drainage maintenance easement shall be established and dedicated along any floodplain and extend at least 25 feet from the top of the channel bank. In no event shall the width of a drainage maintenance easement be less than 25 feet. Such easement shall be expressed on the plat as follows: "Drainage easement granted for the purposes provided and expressed in the Land Use and Development Ordinance of the Borough of High Bridge." The responsibility for maintenance of the facilities within the easement lies with the owner of the facilities as designated in the RSIS for residential properties (N.J.A.C. 5:21-7.5); however, the property owner shall be responsible for day-to-day maintenance of the easement. All such facilities and easements on commercial or industrial properties are the responsibility of the property owner.

G. The applicant shall provide an analysis of any additional water which will drain from the site as a result of the approval of the proposed site plan, subdivision, conditional use and/or variance, such analysis to specifically document the anticipated impact that the increased water flow will have upon existing drainage structures located between the site and the downstream facilities and structures.

H. Private property storm drain retrofit.

[Added 5-28-2009 by Ord. No. 2009-16]

(1) Purpose. This subsection requires the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough of High Bridge so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

(2) Definitions. For the purpose of this subsection, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of High Bridge and is designed and used for collecting and conveying stormwater.

PERSON

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

STORM DRAIN INLET

An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams and bodies of surface- or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

(3) Prohibited conduct. No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:

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

(b) Is retrofitted or replaced to meet the standard in Subsection H(4) below prior to the completion of the project.

(4) Design standard. Storm drain inlets identified in Subsection H(3) above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection H(4)(c) below.

(a) Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

[1] The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or

[2] A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension. Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.

(b) Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.

(c) This standard does not apply:

[1] Where the municipal engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;

[2] Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

[a] A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or

[b] A bar screen having a bar spacing of 0.5 inch.

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

[4] Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

(5) Enforcement. This subsection shall be enforced by the Director of Department of Public Works, Construction Official and Zoning Officer of the Borough of High Bridge.

(6) Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine not to exceed $5,000 for each storm drain inlet that is not retrofitted to meet the design standard.

[1] Editor's Note: See also Ch. 334, Stormwater management.

§ 145-803 Sight triangles.

A. Sight triangle easements shall be required at the intersection of a street with another street and at the intersection of a street with a driveway providing ingress and/or egress to a nonresidential or multifamily residential development. The sight triangle easement shall be in addition to the specified right-of-way width of the street and cartway width of the driveway and shall not contain any grading, planting or structure that projects more than 12 inches above the center line of the street and/or driveway, except that street signs, fire hydrants and lighting standards may be located within a sight triangle easement. Trees within the sight triangle shall be kept trimmed of branches to a minimum height of six feet above ground level. The sight triangle is that area outside of the street right-of-way or driveway cartway, bounded by the intersecting street right-of-way or driveway cartway lines and the straight line connecting the "sight points," one each located on the two intersecting street and/or driveway center lines.

B. Sight triangles shall be in accordance with the latest edition of AASHTO's Standard Specification for a Policy on Geometric Design of Highways and Streets and based on the speed limits established on the intersecting streets.

C. Additional lands may be required to be included within the sight triangle easement(s) in order to provide an unobstructed sight view for the entirety of the required distances.

D. The dedication of sight triangle easements shall be expressed on a subdivision plat or site plan as follows: "Sight triangle easement deeded for purposes provided for and expressed in the Land Use and Development Ordinance of the Borough of High Bridge."

E. The requirement to provide sight triangle easement(s) does not supersede any other requirement of this chapter to provide screening of parking lots, loading areas, etc. Where such screening is required, it shall be provided outside of the required sight triangle(s).

§ 145-804 Lighting.

A. Streetlighting.

(1) Streetlighting shall be provided at all street intersections where at least one of the streets is designated as other than a "minor street" in the Traffic Circulation Plan Element of the Master Plan. Moreover, additional streetlighting may be required for specific locations as deemed necessary for safety reasons by the Borough Engineer, such as vegetation; a sharp curve of the street; or an obtuse or sharply angled intersection.

(2) The type of required streetlighting to be supplied shall be in accordance with the recommendations of the Borough Engineer and the standards of Jersey Central Power and Light Company or its successor in interest. The light intensity provided at ground level shall average at least 0.5 footcandle at intersections and 0.3 footcandle for other streetlighting. High-pressure sodium lighting shall be prohibited on all streets in the Borough.

(3) Wherever electric utility installations are required to be underground, the applicant shall provide for underground service for required streetlighting.

B. On-site lighting.

(1) All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, multiple-family or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes. As much lighting as possible should be automatically turned off within one hour after the close of business for commercial properties or 10:00 p.m., whichever is later, unless otherwise needed for security and safety reasons.

(2) The lighting plan in and around the parking areas shall provide for nonglare, recessed lights focused downward. The light intensity provided at ground level shall be indicated in footcandles on the submitted plans and shall average at least 0.5 footcandle at intersections and 0.3 footcandle elsewhere in the area to be illuminated. Lighting shall be provided by fixtures with a mounting height of not more than 20 feet or the height of the building, whichever is less, measured from the ground level to the center of the light source.

(3) Any outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs, and ornamental lighting shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead skyglow. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine into windows or onto streets and driveways in such a manner as to interfere with or distract driver vision and no light shall be directed off the premises. Light shields may be required wherever necessary to prevent the transmission of light off site. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval. The Planning Board retains the right to direct applicants to contact the New Jersey Astronomical Association for prior approval in order to protect the telescope situated in their observatory located in Lebanon Township, adjacent to the Borough of High Bridge.

§ 145-805 Lot configuration.

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

B. Each lot must front upon a county or municipal street or highway, except in instances where private streets and/or other driftways are provided and approved as part of a site plan and/or subdivision submission.

C. All lots shall be suitable for their intended use(s). Where there is a question as to the suitability of a lot or lots for their intended use(s) due to factors such as poor drainage conditions or flood conditions, percolation tests or test borings indicating the ground conditions to be inadequate for proper sewage disposal for on-lot sewage treatment, or similar circumstances, the Board, after adequate investigation and receipt of a written report by the Borough Board of Health, if applicable, may withhold approval of such lots. If approval is withheld, the Board shall give reasons and notify the applicant and enter the same in the minutes.

D. Concrete monuments shall be installed in accordance with the requirements of the New Jersey Map Filing Law.[1] In any case, all corners shall be set with markers in accordance with N.J.A.C. 13:40-5.1.

[1] Editor's Note: See N.J.S.A. 46:26B-1 et seq.

§ 145-806 Natural features.

A. Natural features such as trees, hilltops and views, natural topography, open waters, critical areas and natural drainage features shall be preserved to the maximum extent possible in the design of any development on land containing such features.

B. No topsoil shall be removed from areas intended for lawns, buffer areas and any undisturbed land. Topsoil moved during the course of construction shall be redistributed on the lot so as to provide at least four inches of cover on all undeveloped areas, which cover shall be stabilized by seeding and/or planting in accordance with an approved landscaping plan (see § 145-808). No topsoil shall be exported from the development site.

C. No soil shall be removed from or imported to any site in excess of 20 cubic yards per year without the prior approval of the Board. For this purpose, a plan shall be submitted showing the quantity and source of the soil and how the soil or underlaying material is to be distributed and stabilized, including grading contours. An approved soil erosion and sediment control plan in accordance with § 145-813 is also required. If the soil is to be imported, a plan shall be submitted describing methodology and frequency of testing the soil to ensure that the soil is not contaminated per NJDEP standards. No hazardous materials shall be buried on site without the knowledge and consent of the Board. Finally, the plan shall describe the size and number of vehicles that are proposed for hauling the removed or imported soil, and the proposed hauling route.

D. The existing vegetation on the site must be preserved outside of the limits of development. All trees or groups of trees having a diameter of four inches or more, measured four feet off the ground, which are not required to be removed by the proposed construction and which are located within 50 feet or the radius of the drip line of the tree(s), whichever is greater, from any construction area shall be protected with snow fencing prior to the commencement of and during construction. Tree removal may only be done in accordance with a permit issued under the Tree Protection Ordinance, Chapter 183[1] of the Code of the Borough of High Bridge. The limits of disturbance together with the locations and species of the trees to be preserved shall be indicated on the site plan and/or subdivision submission, along with the proposed means of protection.

[1] Editor's Note: See Ch. 380, Trees, Art. II, Tree Protection.

E. All areas with existing vegetation to be preserved, whether trees, shrubs, or fields, must be clearly demarcated on the construction plans and, where required by the Board, fencing or other appropriate methods to prevent unauthorized disturbance must be erected in the field. Other areas where access is restricted, including critical areas, buffers, and easements, shall also be shown on the construction plans and barriers to access erected in the field.

F. For the continued protection and enjoyment of natural features, the developer shall place such features as directed by the Board into conservation easements.

G. See also § 145-808, Landscaping.

§ 145-807 Design of off-street parking, loading areas and driveways.

A. Nonresidential landscaping.

[Amended 12-18-2014 by Ord. No. 2014-16]

(1) Where off-street parking is located in the front yard a buffer shall be installed which conforms to the following parameters:

(a) The landscape buffer shall be a minimum of five feet wide.

(b) Said buffer shall be planted with a staggered mixture of evergreens, deciduous shade trees and shrubs. When planted, evergreens shall be a minimum of four feet in height, deciduous trees shall be a minimum of three inches in caliper and shrubs shall be a minimum of three feet in height.

(c) The requirement to provide a sight triangle set forth in § 145-803 shall not preclude compliance with this section, and the landscape buffer shall be provided outside of the required sight triangle(s).

(2) All service and loading areas as well as off-street parking located in the side and/or rear yard in the C Zone and MUC Zone shall be screened from abutting properties as follows:

(a) A minimum of a six-foot-high, architecturally solid fence shall be erected to screen adjacent properties; or

(b) A landscape buffer, which is a minimum five feet wide. Said buffer shall be planted with a staggered mixture of evergreens, deciduous shade trees and shrubs. When planted, evergreens shall be a minimum of four feet in height, deciduous trees shall be a minimum of three inches in caliper and shrubs shall be a minimum of three feet in height.

(3) Each off-street parking area shall provide a minimum of one tree for every 10 parking spaces. Trees shall be planted in an area measuring no less than five feet in width and 18 feet in length. Trees shall be supplemented with ground cover and shrubs. Trees shall be distributed throughout the parking area in order to break the view of parked cars in a manner that does not impair visibility.

(4) See also § 145-808, Landscaping.

B. Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and public streets and shall be in accordance with § 145-804B of this chapter. The lighting of all off-street parking areas, including any deferred parking areas that may be approved by the Board as provided in § 145-807C, shall be shown on the plan. All lighting sources must be adequately shielded to avoid any glare. A lighting plan shall be provided that shows on-site footcandles and footcandles within 25 feet of the property line.

[Amended 12-18-2014 by Ord. No. 2014-16]

C. Paving and curbing.

(1) All parking and loading areas and access drives shall be paved as provided below, except that the Board, at the request of the applicant and in consideration of the specific and documented parking needs of the applicant, may permit a reduction in the paved area devoted to parking provided:

(a) The submitted plan shall include all the parking spaces required by this chapter and shall include those spaces to be paved and those requested not to be paved.

(b) All parking areas not to be paved shall be suitably landscaped and such landscaping shall be indicated on the submitted plan and be in addition to landscaping otherwise required or necessary.

(c) The drainage system for the site shall be designed to accommodate the surface water runoff from all parking and driveways areas, considering all areas to be paved, whether initially or at a possible future date.

(d) The applicant shall agree in writing on the submitted plan to pave any or all of the nonpaved parking areas should the paved parking areas prove to be inadequate to accommodate the on-site parking needs of the premises.

(2) Parking areas may be covered with pavers or pervious pavement in lieu of impervious pavement when appropriate to reduce the volume of stormwater runoff from a site at the discretion of the Board.

(3) All other parking and loading areas and access drives for nonresidential uses shall be paved as outlined below unless otherwise specified by the Board and approved as part of the development application approval. All parking areas, regardless of size and location, shall be suitably drained and maintained.

(a) Areas of ingress and egress, parking stalls, loading and unloading areas, major interior driveways or access aisles and other areas likely to experience heavy traffic shall be paved with not less than six inches of compacted base course of plant-mixed bituminous, stabilized base course (Mix No. 1-2), constructed in layers of not more than two inches compacted thickness and prepared and constructed in accordance with the "Standard Specifications" and any amendments thereto. A minimum of two inches compacted wearing surface of bituminous concrete mixture (Mix No. 1-5) shall be constructed thereon in accordance with the aforesaid specifications.

(b) Where subgrade conditions of proposed paved areas are wet, yielding or of such a nature that surfacing would be inadvisable without first treating the subgrade, the areas shall be excavated to a suitable depth below the proposed grade and filled with dense grade aggregate stone or a suitable subbase material as approved by the Borough Engineer. Such wet areas must be assessed to determine whether they are wetlands as defined by the NJDEP and whether a permit for crossing of the area is required. Where permitted under the Freshwater Wetlands Protection Act (N.J.A.C. 7:7A) and required by the Borough Engineer, a system of subsurface drains or an alternate solution approved by the Borough Engineer shall be constructed beneath the surface of the paved area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the surfacing material, as described heretofore, shall be constructed thereon.

(4) Curbing is required along all paved parking and loading areas and access drives. Where overland drainage is desirable this requirement may be waived.

(5) All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.

(6) All construction shall be in accordance with the "Standard Specifications," unless otherwise specified by the Board with the knowledge and written consent of the Borough Engineer.

D. Access. The center lines of any separate access points to a single lot shall be spaced at least 125 feet apart, shall handle no more than three lanes of traffic and, on a corner lot, shall have a setback of at least 25 feet, or 1/2 the lot frontage, whichever is greater, from the point of tangency of the existing or proposed curb radius of either of the intersecting streets. Driveways into nonresidential developments shall have a minimum setback of 25 feet from the side property line unless a further distance is required due to buffer areas. Continuous open driveways having a width in excess of 16 feet at the street line shall be prohibited except that two-way driveways serving nonresidential uses and multiple-family developments shall be at least 24 feet wide. In all instances, due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes shall be given. Curbing shall be depressed at the driveway or the curbing may be rounded at the corners and the driveway connected with the street in the same manner as another street. All points of access to nonresidential and multifamily residential developments shall be graded and adequate drainage facilities installed to minimize the surface discharge of stormwater runoff entering the public road. No use shall have its access from a driveway originating in a different zone than the zone in which the use itself is located and no driveway shall be constructed or used to give access to a use in a zone other than the zone in which the driveway is located.

E. Barrier-free access. All parking areas shall be designed in conformance with N.J.A.C. 5:23-7.1 et seq., the Barrier-Free Subcode, as well as the Americans with Disabilities Act.

F. Location of parking and loading. No parking or loading of vehicles shall be permitted in fire lanes, streets, driveways, landscaped areas, aisles, buffer areas, sidewalks, or turning areas. All parking and loading areas shall have a minimum setback of 25 feet from a property line unless a further distance is required due to buffer areas. Internal roads, parking access aisles, parking and loading areas, curbs and landscaping shall be designed to reasonably accommodate the turning movements of emergency vehicles regularly and routinely serving High Bridge Borough without requiring the mounting of curbs or interference with landscaping. Where there is a row of perpendicular or angled parking stalls contiguous to a building, there shall be a gap of at least nine feet in width defined by mountable curbing to allow access by emergency vehicles to the facade of each building facing such parking. Where a parking space abuts a landscaped area or walkway at one end, a wheelstop or bumper shall be placed within the parking space, two feet from the end, to keep vehicles from overhanging the sidewalk or planted area.

G. Type of facility.

(1) When parking spaces are provided within a garage or other structure, said structure shall adhere to the required principal or accessory building setbacks, as applicable.

(2) The provision of parking spaces shall include adequate driveways and necessary turning areas for handling the vehicles for which parking is provided. All single-family residential lots having direct driveway access to other than a minor street shall be provided with an on-site turnaround to permit vehicular access to the road in a head-on direction.

(3) Except for a driveway providing access to a garage, all parking areas shall be designed to permit a motor vehicle to proceed to and from a parking space without requiring the moving of any other motor vehicle(s). Aisles providing access to parking areas for nonresidential uses shall have minimum dimensions in accordance with those specified in the RSIS.

(4) Parking spaces shall be dimensioned in accordance with § 145-306A of this chapter.

§ 145-808 Landscaping.

A. Landscaping shall be provided as part of each overall site plan design and integrated into building arrangements, topography, parking and buffering requirements. Landscaping shall include trees, shrubs, ground covers, perennials, grasses, sculpture, art and the use of building and paving materials in an imaginative manner.

B. The existing sense and appearance of the rural village and natural scenic qualities of the Borough should be encouraged in site development. Retention of existing, native vegetation is required to the maximum extent possible.

C. Landscaping plan.

(1) A detailed landscaping plan shall be submitted with each preliminary site plan application. The plan shall identify existing and proposed trees, shrubs, herbaceous plants and ground covers, and natural features such as waterways, boulders and rock outcroppings. It shall show where they are or will be located and the proposed planting details and specifications, including a planting schedule and maintenance plan for new plantings to ensure their continued growth. Planting must only be conducted at the appropriate time of year, generally fall or spring.

(2) Landscaping plans shall be specific as to the location, size, spacing, quantity, and species (botanical and common name) of all plants, as well as the location, perimeter outline, type and thickness of all mulches. Size, quantity, species and other pertinent information shall also be listed in the form of a schedule on the landscaping plan. Where turf is anticipated, topsoiling, seeding or sodding, fertilizing, liming and watering specifications shall be provided. Planting details (staking, fertilizing, watering, soil mixture, etc.) specific to existing soil conditions and the exposure of the site shall also be provided.

(3) Where existing natural growth is proposed to remain, the applicant shall include in the plans the proposed methods to protect the existing vegetation from disturbance and injury during and after construction. These methods shall include fences, berms, curbing, tree wells and similar devices.

D. The following design principles shall be followed:

(1) Landscaping shall be located to ameliorate temperature and wind effects on buildings and outdoor use areas. For example, shade trees may be planted on the south side of buildings to shield the hot summer sun, and evergreens planted on the north and northwest for windbreaks when warranted.

(2) Landscaping shall be used to accent and complement buildings and should be in scale to the building. For example, long, low buildings may warrant only foundation plantings while trees can help scale down taller buildings.

(3) Landscaping shall be provided in public areas, at recreation sites and adjacent to buildings. On residential lots, rear yardscapes should afford privacy with special consideration being given to the screening of second story views from neighboring units.

(4) If vines and climbing plants are used along large expanses of walls, a removable trellis must be used for the plants to anchor to.

(5) Trees shall be grouped with other trees and shrubs, except along streets where they shall be planted in a straight line at the quantity equivalent to planting them at thirty-foot intervals. Types of trees shall vary within a neighborhood. At least three types of trees shall be used in each neighborhood for environmental diversity. The use of native species of trees is encouraged.

(6) Vegetative ground covers shall be used extensively to reduce erosion and are encouraged on slopes. All plantings should be mulched to conserve soil moisture; however, in no case should the mulch exceed four inches in depth and must taper to zero inches at the bases of trees and shrubs.

(7) A variety and mixture of landscaping shall be provided on each site. The mixture shall consider susceptibility to disease, colors, seasonal performance, texture, shapes, blossoms, foliage, and whether the species is endemic to this portion of New Jersey.

(8) Local soil conditions and water availability shall be considered in the choice of landscaping.

(9) The landscaping plan must consider the mature size of the proposed plants. Mature plants must be proportional to nearby buildings and located so as to not infringe on accessways or sight triangles.

(10) When the extent of landscaping is constrained, it is preferable to have a few large specimen trees than more small ones.

(11) Deciduous trees shall be at least 2 1/2 inches caliper at planting, and evergreens shall be at least six feet tall. Shrubs shall be at least three to four feet tall at planting. It is preferable to plant some trees that are four inches to six inches diameter at breast height (dbh) when site conditions permit, such as with street trees. All plantings shall be balled and burlapped unless otherwise approved by the Board. Plants less than four feet tall must be protected from herbivory by deer until they have grown sufficiently to withstand browsing.

(12) Entrances to sites deserve special landscaping treatment.

(13) Existing large trees shall be saved by maintaining the grade around each tree, by construction of tree wells and walls, and by erecting protective fences during construction activities. Maximum effort shall be made to save groups of trees rather than individual ones. Natural communities such as fields must also be protected and preserved wherever possible.

(14) Parking lots shall be landscaped as provided in § 145-807A and in accordance with the following additional requirements:

(a) Parking lots shall be canopied with trees for shade.

(b) Landscaping in or near parking areas shall be designed and located to withstand the effects of snowplowing.

(c) All landscaping in or near parking areas and access drives shall be located so as not to obstruct driver vision. A variety of different types of trees and shrubs shall be grouped to break up views of the massed cars.

(d) Trees shall be selected that can withstand an urban environment.

(e) Common parking areas shall be appropriately landscaped to balance personal safety with screening of parked vehicles.

(15) Plantings shall be chosen to match the particular microclimate and space restrictions to which they will be exposed. For example, drought-tolerant plants shall be located in areas surrounded by pavement, and maples and other trees shall be located where their roots will not raise sidewalks. Street trees shall be selected to fit the space provided when they are at maturity, with wide spreading trees planted where there is room, and small or narrow trees in restricted areas. Street trees must be pruned so that there are no branches below seven feet in height that extend into the street or over a sidewalk.

(16) Whenever possible, street trees should be located on the farthest side of the sidewalk, if one exists, from the roadway and preferably outside of the right-of-way. Only when no practical alternative exists can street trees be planted between the sidewalk and the curbline or edge of pavement.

(17) Landscaping used in a buffer area or for screening, alone or in combination with other screening devices, shall be a minimum of four feet in height or 2 1/2 inches caliper at time of planting and shall consist of a mixture of evergreen and deciduous trees and shrubs. In buffer areas, all added plant material must be of native species. Plantings shall be spaced in accordance with the types of plantings utilized. Evergreen plantings should be used to shield vehicular lights from windows in residential buildings. See also § 145-308.

(18) A minimum of six shade trees per acre shall be planted on single-family residential lots, and a minimum of six shade trees per acre of tract shall be planted in open space areas unless the open space is already densely wooded or encompasses a natural field community. A minimum of six shade trees per acre of tract shall be planted throughout the tract in the case of nonresidential or multifamily residential development, except in naturally vegetated areas that do not need supplemental planting. All newly planted shade trees shall be of nursery stock, shall have a minimum caliper of 2 1/2 inches, measured four feet from the ground, include at least three different species, and shall be species indigenous to the area, approved by the High Bridge Environmental Commission and reviewed by the Planning Board.

(19) No landscaping plan can include species that have been documented to be invasive in the States of New Jersey or Pennsylvania.

E. Maintenance guarantee. The landscaper or developer shall guarantee that all plantings will survive for a minimum of two years after the date of completion of the project. During such time, any tree, shrub or perennial plant that dies or is severely browsed so as to hinder its future growth must be replaced in-kind. The cost of the landscaping shall be included in the performance bond for the entire project (see § 145-702D). During the project construction, the developer shall be responsible for maintaining all plantings including supplemental watering, deer protection, weeding, mulching, and any other measures that may be required to ensure survival of the plants.

§ 145-809 Public utilities.

A. All public services shall be connected to an approved public utilities system where one exists. The developer shall arrange with the servicing utility for the underground installation of the distribution supply lines and service connections, in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff, as the same are on file with the New Jersey State Board of Public Utility Commissioners. However, lots not part of a new major subdivision or site plan which abut existing streets where overhead electric, CATV or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric, CATV and telephone service from these overhead lines, but any new service connections from the utilities' overhead lines shall be installed underground. In cases where extension or replacement of service is needed for existing or new buildings in established subdivisions or developments, the present method of service may be continued. In the case of existing overhead utilities, however, should a road widening or an extension of service or such other condition occur as a result of the development and necessitate the replacement or relocation of such utilities, the developer shall cause the replacement or relocation to be underground. All underground utility lines shall be placed in conduits to facilitate access for maintenance purposes.

(1) Prior to the preconstruction meeting preceding the commencement of construction, the developer shall furnish the Board's administrative officer with a copy of the agreements with the applicable public utility companies certifying the jurisdiction of the public utility company to serve the property; indicating agreement with the proposed utility installation design; and stating who will construct the facility so that service will be available prior to occupancy. The form of such agreement(s) shall be reviewed and approved by the Borough Attorney prior to the commencement of construction.

(2) The developer shall provide the Borough with four copies of a final "as-built" plan showing the installed locations of all utility facilities.

B. Easements along property lines or elsewhere for utility installations may be required. Such easements shall be at least 15 feet wide and located in consultation with the utility concerned and, to the fullest extent possible, shall be centered on or adjacent to lot lines. Such easement dedication shall be expressed on the plat or plan as follows: "Utility right-of-way easement granted for the purposes provided for and expressed in the Land Use and Development Ordinance of the Borough of High Bridge." Utility easements along street right-of-way lines shall be a minimum of 10 feet in width. Where a utility easement is located on or along a side lot line, the affected side yard(s) shall be increased by the width of the easement or portion thereof on the lot(s) but shall not be required to be greater than 25 feet in the R-3 and R-4 Zones. No increase in width of the side yard is required in all other zones.

§ 145-810 Sanitary sewers and septic systems.

A. Where a public wastewater treatment plant and collection system is accessible, or where such facilities are to be constructed as a condition of approval of any application for development, the developer shall construct such wastewater treatment facilities and/or sanitary sewer lines and building connections in accordance with the High Bridge Borough Wastewater Management Plan and NJDEP permit requirements and in such a manner as to make adequate sewage treatment available to each lot and building within the development.

B. Where the use of subsurface sewage disposal systems is proposed, the same may be approved if all requirements of the NJDEP and County and Borough Boards of Health or their assigns are met.

C. In the event of approval of the use of individual subsurface disposal systems, the Board additionally may require the installation of sewer lines, including lateral connections to each building up to the right-of-way line (i.e., street line), for future use when public sewage treatment facilities are provided to serve the realty improvements to be constructed in the development.

D. The end fitting of all dry sanitary sewer building connection lines shall have a "tamper proof" plug or cap, temporarily sealed with a material that can be removed to utilize the fitting when the system is to be activated. The Plumbing Subcode Official or the Plumbing Inspector shall affix an adhesive-backed disc on the cap or plug bearing a preprinted message and instructions related to tampering and future use, that will be sufficient to alert and warn the original and subsequent occupants of the building. The capping and plugging shall be performed by the developer at his expense and the message disc shall be provided and attached by a Borough representative.

E. All sanitary sewer lines shall be air and mandrel tested. Additionally, all lines shall be video recorded and a videotape of the lines shall be provided to the Borough Engineer immediately prior to the activation of the sewer lines or acceptance of the streets in which the lines are constructed, whichever occurs earlier.

F. All sanitary sewers and individual subsurface disposal systems shall comply with the provisions of Chapter 171,[1] Sewers, of the Code of the Borough of High Bridge and, for residential development projects, the Residential Site Improvement Standards, as applicable.

[1] Editor's Note: See Ch. 303, Sewers.

§ 145-811 Streets, curbs and sidewalks. [1]

A. Streets.

(1) All developments shall be served by paved streets in accordance with the approved subdivision and/or site plan. The arrangements of such streets not shown on the Master Plan or Official Map, as adopted by the Borough, shall be such as to provide for the appropriate extension of such streets and conform with the topography of the land as far as practicable. Minor streets shall be planned so as to discourage through traffic.

(2) When a new development adjoins land susceptible to being subdivided or developed, suitable provisions shall be made for access to adjoining lands.

(3) In subdivisions that abut arterial streets and such other streets or portions of streets as the Board may designate on the Master Plan, the Board may require provisions for marginal access roads, reverse frontage lots with buffer strips for planting, or other design methods for the purpose of separating through and local traffic.

(4) The right-of-way width of a street shall be measured from lot line to lot line and shall not be less than 50 feet unless a greater width is shown on the Master Plan or Official Map.

(5) No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of the land comprising such strip has been placed with the Borough Council under conditions approved by the Board.

(6) Subdivisions or site plans that adjoin or include existing streets that do not conform to the widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall provide for the dedication of additional right-of-way, if necessary to accommodate the required roadway width, along either one or both sides of said road. If the subdivision abuts one side of the road only, 1/2 of the required extra width shall be conveyed to the Borough. Actual widening of the roadway to the required width is not required but may be done in the future if warranted. If improvements are necessary to the existing street(s) on which the property that is the subject of the proposed subdivision or site plan has frontage, then the developer shall be responsible for 100% of the cost of such improvements along said frontage.

(7) Residential street hierarchy and standards for the design and construction of residential streets shall be in accordance with the Residential Site Improvement Standards, as amended.

(8) No street shall have a name which will duplicate or so nearly duplicate the name of an existing street that confusion results. The continuation of an existing street shall have the same name. Curvilinear streets shall change their name only at street intersections. The Board reserves the right to approve or name streets within a proposed development.

(9) Where a tract is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow the opening of future streets and logical subdivisions.

(10) The pavement width of streets and the quality of subsurface and base materials shall adhere to the minimum standards set forth by the county or state when said paving concerns roads under their jurisdiction and where such standards exist. Concerning streets under the jurisdiction of the Borough, the following standards shall apply:

(a) All construction shall be in accordance with the New Jersey State Highway Standards and Specifications for Road and Bridge Construction (1983) and any amendments thereto.

(b) On all public and private streets, the subbase course shall be a minimum of four inches compacted thickness of quarry process stone, Type 5, Class A, applied over the compacted subgrade.

(c) On all minor Borough streets, the base course shall be four inches of bituminous concrete mixture (Mix No. 1-2), constructed in two layers each of not less than two inches of compacted thickness.

(d) On all collector Borough streets, the base course shall be five inches of bituminous concrete mixture (Mix No. 1-2), constructed in two layers each of not less than 2.5 inches of compacted thickness.

(e) On all arterial Borough streets, the base course shall be six inches of bituminous concrete mixture (Mix No. 1-2), constructed in two layers each of not less than three inches of compacted thickness.

(f) The surface course for all Borough streets shall consist of two inches of bituminous concrete mixture (Mix No. 1-5), applied according to state highway specifications.

(g) Where subgrade conditions are yielding or otherwise unsatisfactory in the opinion of the Borough Engineer, all unsuitable material shall be removed, and suitable material shall be applied to the satisfaction of the Borough Engineer.

B. Curbs. Curbing, either granite block or concrete, shall be installed at all street intersections, where stormwater velocities exceed the erosion velocities specified in the Standards for Soil Erosion and Sedimentation Control in New Jersey Manual, where necessary for traffic channelization and control, for public safety reasons, and/or bordering streets or other areas where on-street parking is permitted and/or is likely to occur. Curbing on all Borough streets shall be granite block or concrete. All curbing shall be laid in the manner approved by the Borough Engineer or the County Engineer in the case of county roads. Depressed curb ramps for the handicapped shall be installed at all radii in accordance with the laws of the State of New Jersey.

C. Sidewalks and/or pedestrian-bikeway corridors.

(1) Sidewalks (and related aprons) and/or pedestrian-bikeway corridors shall be constructed by the developer in accordance with the following criteria:

(a) Existing sidewalks shall be extended throughout all areas of the Borough when the roads upon which they are located are extended.

(b) Sidewalk linkages and/or pedestrian-bikeway corridors shall be provided throughout all areas of the Borough between existing and/or previously approved sidewalks and/or pedestrian-bikeway corridors, unless specifically waived in specific locations by the Board for good cause, such as the existence of, or proposal for, alternate linkages for pedestrian and bicycle movement and/or a determination that such specific linkages will not be utilized and/or other specified reasons.

(2) Sidewalks may be located in the traditional manner between the proposed edge of pavement and street line or, in the alternative, the Board may require that the sidewalks be set back further from the proposed edge of pavement and be constructed in a meandering pattern. In such instances, the sidewalks ordinarily will be located both within the street right-of-way and an additional five feet of the ten-foot strip of land adjacent to the street right-of-way provided for the location of underground utilities and known as the "utility easement."

(3) When the sidewalks are required to be constructed in a meandering pattern, the underground utilities will be located within the five-foot portion of the ten-foot utility easement furthest from the street center line. The meandering sidewalk will be located within the remainder of the utility easement and the portion of the street right-of-way between the roadway and the utility easement.

(4) Sidewalks and sidewalks at aprons shall be concrete, shall be at least four feet wide, and shall be appropriately reinforced. Sidewalks shall be constructed of Class B concrete four inches thick, six inches thick at driveways, on a bed of clean stone at least four inches thick. Expansion joints shall be constructed every 20 feet and shall extend the full depth and width of the concrete. All sidewalks shall be laid in a manner approved by the Borough Engineer. Additionally, where subgrade is yielding or otherwise unsatisfactory in the opinion of the Borough Engineer, all unsuitable material shall be removed and suitable material shall be applied until the subgrade is nonyielding to the satisfaction of the Borough Engineer.

(5) Where concrete sidewalks are not possible to construct because of environmental constraints, stone pathways may be permitted instead at the discretion of the Board based upon testimony by the applicant. Stone pathways shall be at least four feet wide. Additionally, where subgrade is yielding or otherwise unsatisfactory in the opinion of the Borough Engineer, all unsuitable material shall be removed and suitable material shall be applied until the subgrade is nonyielding to the satisfaction of the Borough Engineer. Pathways placed in wetlands or wetland transition areas are subject to the NJDEP regulations of the Freshwater Wetlands Protection Act (N.J.A.C. 7:7A).

(6) All concrete shall be protected and cured as specified in the Standard Specifications.

[1] Editor's Note: See also Ch. 343, Streets and sidewalks.

§ 145-812 Water supply.

A. Where public water is available, water mains shall be constructed in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the applicable water utility and all local and/or state agencies having approval authority; shall comply with the provisions of Chapter 194,[1] Water, of the Code of the Borough of High Bridge; and shall be subject to their approvals. The system shall also be designed with adequate capacity and sustained pressure and shall be a looped system with no dead-end lines, whenever possible.

[1] Editor's Note: See Ch. 407, Water, Art. I, Nonpublic Well Systems.

B. Where no public water is available, all water requirements shall be stated in the development application, and shall be furnished on an individual lot basis. Water shall be supplied from wells only after an approved or accepted geologic study is furnished by the applicant and certified by a professional geologist that the underground water supply and levels will not be appreciably altered in such a way as to endanger the water level and supply for other properties. If a well is installed on a lot which also contains its own sewage disposal facilities, the well shall be of the drilled type with a minimum 50 feet of casing where possible or, where such minimum footage of casing is not possible, the well shall be drilled at least 20 feet into unweathered rock. Well installation, sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954), as amended, and in accordance with all applicable ordinances of the Borough of High Bridge and all regulations of the County and Borough Boards of Health. Prior to the issuance of a certificate of occupancy for any building served by an individual well, the developer shall certify to the Borough Board of Health and Planning Board that he has complied with all applicable state and local regulations.

§ 145-813 Soil erosion and sediment control.

A. Purpose. The purpose of this section is to control soil erosion and the resulting sedimentation within the Borough by requiring proper provisions for water disposal and the protection of soil surfaces during and after construction. Land disturbance and lot grading in areas undergoing housing construction, industrial and commercial development, and highway and utility construction cause stormwater runoff, soil disturbance, destruction or removal of ground cover or plant life, all of which result in off-site sediment damage. Such protection is deemed essential and necessary to protect the public health, convenience, safety and welfare of the citizens of the Borough of High Bridge to accomplish the following objectives:

(1) To maintain the useful life of reservoirs by preventing sedimentation.

(2) To prevent dangers to life and property from flooding resulting from excessive water runoff and clogging of drainage structures.

(3) To preserve the recreational use of water bodies for swimming and fishing by preventing sedimentation and maintaining oxygen levels.

(4) To enhance the recycling of stormwater by promoting soil infiltration to maintain base flows in rivers and streams.

(5) To prevent toxic materials, nitrates and pesticides from entering public water supplies and streams.

(6) To reduce public expenditures for repair of public facilities resulting from soil erosion and sedimentation.

(7) To conserve the taxable value of property by enhancing the environmental character of the Borough.

B. Definitions. The following definitions shall apply specifically to the interpretation and enforcement of this section, notwithstanding a similar term defined in Article I:

APPLICANT

A person, partnership, corporation or public agency requesting permission to engage in a land disturbance activity.

APPROVED PLAN

A plan to control soil erosion and sedimentation that has been approved by the Borough Engineer.

CERTIFICATION

A signed, written endorsement of a soil erosion and sediment control plan or grading plan, where applicable, which indicates that the plan meets or exceeds the standards of this section.

CRITICAL EROSION AREA

A sediment-producing, highly erodible or severely eroded area.

DIVERSION

A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope.

EMBANKMENT

A man-made deposit of soil, rock or other materials.

FARM CONSERVATION PLAN

A plan that provides for the use of land, within its capabilities, and treatment, within practical limits, according to chosen use to prevent further deterioration of soil and water resources.

LAND DISTURBANCE

The excavation or filling of land or grading activity that alters the existing grade of the ground surface.

NATURAL GROUND SURFACE

The ground surface in its original state before any grading, excavation or filling.

PERMIT

A certificate issued to perform work under this section.

PERMITTEE

Any person to whom a permit is issued in accordance with this section. See also "Applicant."

REGULATED GRADING

Any grading performed with the approval of and in accordance with criteria established by the Borough Engineer.

SEDIMENT BASIN

A barrier or dam built across a waterway or at any other suitable location to retain rock, sand, gravel or silt or other material.

SOIL CONSERVATION DISTRICT

The governmental subdivision of this state, which encompasses this municipality, organized in accordance with the provisions of Chapter 24 of Title 4 of the New Jersey Statutes Annotated (N.J.S.A. 4:24-1 et seq.).

STANDARDS

Standards for Soil Erosion and Sediment Control in New Jersey, as promulgated by the State Soil Conservation Committee.

STATE SOIL CONSERVATION COMMITTEE

An agency of the state established in accordance with the provisions of Chapter 24 of Title 4 of the New Jersey Statutes Annotated.

TEMPORARY PROTECTION

Stabilization of erosive or sediment-producing areas for a set period of time until permanent measures can be established.

VEGETATIVE PROTECTION

Stabilization of erosive or sediment-producing areas by covering soil with:

(1) Permanent seeding, producing long-term vegetative cover;

(2) Short-term seeding, producing temporary vegetative cover, or;

(3) Sodding, producing areas covered with a turf of perennial sod-forming grass.

C. Applicability.

(1) Exemptions. The following activities are specifically exempt from this section:

(a) Use of the land for gardening primarily for home consumption or ornamentation.

(b) Landscape plantings, such as trees and shrubs, on residential lots with existing dwellings.

(c) The construction or modification of accessory structures on an existing developed lot or additions to existing residential dwellings when the area to be disturbed is on a slope of less than 8% and the land disturbance is limited to the footprint of the proposed structure.

(d) Agricultural use of lands, when operated in accordance with a farm conservation plan approved by the Hunterdon County Soil Conservation District or when it is determined by the Hunterdon County Soil Conservation District that such use will not cause erosion and sedimentation.

(e) Percolation tests and/or soil borings.

(2) Exempted activity compliance. All exempted soil disturbance activities must comply with the following requirements:

(a) Any soil disturbed for any purpose, except gardening, must be seeded and mulched within 30 days according to Hunterdon County Soil Conservation District standards.

(b) All existing bare soil associated with present or previous construction or cut and fill activity must be stabilized according to Hunterdon Soil Conservation District standards within 30 days of the enactment of this section.

(3) Subdivision and site plan requirements.

(a) Site grading plans and soil erosion and sediment control plans (see below) shall be required for all major and minor subdivisions and site plan applications regardless of the total square feet of disturbance.

(b) In the case of major and minor subdivisions, in lieu of submitting a detailed site grading plan [see Subsection D(6)(c) below], the applicant may submit a conceptual site grading plan [see Subsection D(6)(b)] for the purposes of preliminary and final subdivision approval. Notwithstanding the above, prior to the issuance of a building permit, a detailed site grading plan conforming to this section shall be submitted for each lot to the Borough Engineer for review and approval. If the applicant fails to meet the requirements of this section, a building permit shall not be issued.

(c) The fees for soil erosion and sediment control (see § 145-701) shall be submitted at the time of submission of the detailed site grading plan.

(4) Requirements for variance applications. A detailed site grading plan and soil erosion and sediment control plan may be required for all applications for a "c" variance unless the project is exempt under Subsection C(1) above. For projects that require minimal land disturbance or are located on a slope of less than 8%, the applicant may request a waiver of part or all of this requirement from the Board of Adjustment. The Board of Adjustment shall consult with the Borough Engineer in determining whether to grant the waiver. Notwithstanding the above, any applicant proposing construction of a new single- or two-family dwelling on an isolated lot (i.e., not part of a current subdivision application) must submit the grading plan and soil erosion and sediment control plan with the variance application and is not entitled to a waiver from this requirement.

(5) Requirement for existing lots. Any applicant proposing activities regulated under this section on a lot, including construction of single- and two-family dwellings, that is not the subject of an application before the Planning Board or Board of Adjustment or exempt under Subsection C(1) above, must obtain a grading permit from the Zoning Officer prior to the land disturbance.

D. Application procedure.

(1) Application for development. No application for development submitted to the Planning Board or Board of Adjustment, as described in Subsection C(3) and (4) above, shall be conditioned upon certification by the Borough Engineer of a plan for soil erosion and sediment control, and no such plan shall be accepted by the Planning Board or Board of Adjustment for review unless such application includes a soil erosion and sediment control plan and grading plan as defined herein. Such plans must be submitted to and reviewed by the Borough Engineer. This plan must receive approval and written certification from the Borough Engineer prior to any approval of the aforementioned plats or application.

(2) Waivers for variance applications. In accordance with Subsection C(4) above, applicants that are only applying for a "c" variance may request a waiver from some or all of the requirements for a soil erosion and sediment control plan and detailed grading plan. The applicant must request the waiver at the time of submission of the variance application. The administrative officer shall forward the variance application with the waiver request to the Borough Engineer for review. The Borough Engineer shall submit his recommendation on approval or denial of the waiver to the Board prior to the meeting to determine completeness of the application. The Board of Adjustment shall grant or deny the waiver along with the determination of completeness of the variance application. Should the waiver be denied, the applicant must submit all required items for the soil erosion and grading plans before the variance application will be heard. The Borough Engineer shall review the application in accordance with Subsection D(4) below and submit his comments to the Board prior to the scheduled hearing on the application.

(3) Building permit.

(a) No building permit shall be issued by the Construction Official for any proposed structure unless and until the Borough Engineer has approved a detailed site grading plan or grading permit submitted in accordance with this section.

(b) A grading permit must be issued if the project meets the conditions set forth in Subsection C(5) above. The application for the grading permit shall be submitted to the Zoning Officer who will then forward it to the Borough Engineer for review and approval. The application for the grading permit shall include the fees specified in § 145-701, the appropriate application form, a detailed site grading plan prepared in accordance with Subsection D(6)(c) below as well as Subsection D(6)(a)[3] and [6] from the requirements for soil erosion and sediment control plans. The applicant may request a waiver from certain plan requirements at the time of submission of the application. The Zoning Officer may make the determination whether to waive the requirements for small projects when warranted and may consult with the Borough Engineer if necessary to make this determination. Upon approval or denial of any grading permit required by this section, the Borough Engineer shall forthwith notify the Zoning Officer and the Construction Official.

(c) No certificate of occupancy shall be issued by the Construction Official unless and until proof has been submitted to him or her that all conditions of the grading permit approval have been fully met and complied with. The Borough Engineer shall issue a letter to the Construction Official and Zoning Officer indicating same.

(4) Approval by Borough Engineer.

(a) The soil erosion and sediment control plan or any major amendment shall be approved by the Borough Engineer in the manner and form according to the regulations herein set forth.

(b) Minor amendments to a soil erosion and sediment control plan or site grading plan required as a result of conditions arising in the field during construction may be certified and approved by the Borough Engineer upon written request to him.

(c) The Borough Engineer, in approving said soil erosion and sediment control plan, may impose lawful conditions or requirements designed or specified on or in connection therewith and may require that such conditions or requirements and the satisfaction thereof be made a part of all improvement and maintenance agreements to be executed with the Borough and the securities be posted in connection therewith. These conditions and requirements shall be provided and maintained as a condition to the establishment, maintenance and continuance of any use or occupancy of any land or structure thereon.

(d) Copies of all communications from the Borough Engineer shall be directed to the Borough Council, Planning Board/Board of Adjustment and Hunterdon County Soil Conservation District.

(5) The applicant may consult the Hunterdon County Soil Conservation District in the development of the plan and the selection of appropriate erosion and sediment control measures. The applicant shall bear the final responsibility for the installation and construction of all required soil erosion and sediment control measures according to the provisions of this section including activities in accordance with Subsection C(2) above.

(6) Data required:

(a) Soil erosion and sediment control plans. The applicant shall submit to the Planning Board a separate soil erosion and sediment control plan for each application for development. Such plan shall be prepared at a scale of not less than one inch equals 30 feet by a professional engineer licensed in the State of New Jersey, and shall contain:

[1] The location and description of existing natural and man-made features on and surrounding the site, including general topography and soil characteristics, and a copy of the Soil Conservation District Soil Survey, where available.

[2] The location and description of proposed changes to the site, including contours and spot elevations showing existing and postconstruction conditions.

[3] Plans and specifications for soil erosion and sediment control prepared in accordance with the standards of this section.

[4] A timing schedule indicating the anticipated starting and completion dates of the development sequence and the time exposure of each area prior to the completion of effective erosion and sediment control measures.

[5] A schedule of the sequence of installation of planned erosion and sediment control measures as related to the progress of the project, including starting and completion dates.

[6] A description of means of maintenance of erosion and sediment control measures and facilities during and after construction.

(b) Conceptual site grading plans. The conceptual site grading plan shall be drawn by a licensed or certified landscape architect or professional engineer at a scale of not less than one inch equals 30 feet, and contain:

[1] Location of all proposed buildings and the first floor elevation.

[2] The existing and proposed contours at a contour interval of two feet or less.

[3] The proposed elevations of the levels of land above and below retaining walls, as well as top-of-wall elevations.

[4] The location of proposed vehicular facilities, including roads, drives or parking areas.

[5] The location of all existing wooded areas and individual trees greater than four inches in diameter at four feet above the ground.

[6] The plans for any proposed retaining walls, fences or other protective structures.

[7] The location of any existing or approved potable water or sanitary sewage disposal facilities on or within 100 feet of the lot.

[8] A slope map showing existing slope areas and limits of grading.

[9] The location of any proposed drywells or seepage pits which may be proposed to control runoff.

(c) Detailed site grading plans. The detailed site grading plan shall be drawn and certified by a professional engineer licensed in the State of New Jersey at a scale of not less than one inch equals 30 feet and contain:

[1] The Tax Map sheet, block and lot number, date, graphic scale, North arrow and the names and address of the owner(s) of the tract, the applicant, if other than the owner, and of the engineer who prepared the site grading plan.

[2] All lot dimensions.

[3] Front, side and rear yard setback dimensions.

[4] Location of all proposed buildings, dimensions thereof, and the first floor elevations.

[5] Location of all buildings on adjoining lots.

[6] The existing and proposed contours at a contour interval of two feet or less.

[7] The proposed elevations of the ground at the corners of the foundation of any structures and the bottom and top-of-wall elevations of any retaining walls.

[8] The layout of existing and proposed public streets and public utilities.

[9] The location of any existing or approved potable water or sanitary sewage disposal facilities on or within 100 feet of the lot.

[10] The location of proposed vehicular facilities, including roads, drives or parking areas.

[11] The location of all existing landscaping, including trees, shrubs and ground cover, with type and size of trees and shrubs.

[12] The disposition and extent of topsoil to be removed or backfilled.

[13] The disposition and extent of all other soil to be removed or backfilled.

[14] The plans and specifications for any proposed retaining walls, fences or other protective structures.

[15] The location, plans and specifications for any proposed drywells or seepage pits which may be proposed to control runoff.

E. Standards.

(1) General standards. In the preparation of a soil erosion and sediment control plan, in accordance with the standards, the following general principles of design shall be adhered to. All control measures shall apply to all aspects of the proposed site development involving land disturbance and shall be in operation during all stages of the disturbance activity.

(a) The smallest practical area of land shall be exposed at any one time during development, and when feasible, natural vegetation shall be retained and protected.

(b) Temporary protection shall be used to protect critical erosion areas during development.

(c) Temporary diversions and outlets shall be constructed or installed to accommodate the increased runoff caused by the changed soil and surface conditions during development.

(d) Sediment basins, desilting basins or silt traps shall be installed to remove sediment from runoff waters and to retain sediment on site.

(e) Permanent plant cover, lawn or ground cover shall be installed on any site prior to the issuance of a certificate of occupancy. In the event that such permanent plant cover cannot be installed because of weather conditions, the installation thereof shall be enforced by appropriate provisions in the bond or other security and improvement agreements and shall be installed within such time limits as may be reasonable at the direction of the Borough Engineer.

(f) Permanent improvements, such as roads, catch basins, curbs and the like, shall be installed or constructed and completed as soon as possible.

(g) Stripping of vegetation, grading or other soil disturbance shall be done in a manner that will minimize soil erosion.

(h) Water runoff shall be minimized and retained on site whenever possible to facilitate groundwater recharge.

(2) Detailed standards. The detailed plans, specifications and standards in any soil erosion and sediment control plan shall be dictated by the characteristics of the site to be developed and the nature of the development. All such plans shall utilize the standards and specifications set forth in the Standards for Soil Erosion and Soil Control in New Jersey, or any state or county specifications and standards which may in the future supersede these standards.

(3) Lot grading design standards.

(a) General grading required. The land on every lot shall be graded to ensure proper drainage away from buildings and dispose of runoff without ponding. Minimum 2% slopes and maximum 10% slopes within 20 feet of structures shall generally be required.

(b) Grading goals. Site grading shall be designed to establish building floor elevations and ground surface grades which:

[1] Allow drainage of surface water away from buildings.

[2] Minimize earth settlement problems.

[3] Avoid concentrating runoff onto neighboring properties.

[4] Keep earthwork to a practical minimum.

[5] Provide usable outdoor space.

[6] Minimize erosion.

[7] Relate aesthetically with the terrain and buildings on adjacent properties.

(c) Excavations and fills.

[1] No excavation shall be made with a cut face steeper in slope than two horizontal to one vertical in wooded areas, or three horizontal to one vertical in nonwooded or lightly wooded areas except as approved by the Borough Engineer when handled under special conditions.

[2] No fill shall be placed which creates any exposed surface steeper in slope than two horizontal to one vertical in wooded areas, or three horizontal to one vertical in nonwooded areas, except as approved by the Borough Engineer when handled under special conditions.

[3] Adequate provisions shall be made to prevent surface water from eroding the cut face of excavations or the sloping surfaces of fills.

[4] Retaining walls or cribbing shall be required where needed to prevent the surface excavations or fills from exceeding at any point the maximum allowable slope.

[5] Excavations shall not be made so close to property lines as to endanger adjoining property without supporting and protecting the face of the excavation.

[6] No fill or excavation shall be made closer than five feet to a property line or proposed property line.

(d) Retaining walls.

[1] All walls shall be designed in conformance with generally accepted design principles. A detailed plan and specifications shall be submitted.

[2] Retaining walls located parallel to each other and stepped shall be spaced horizontally at least two times the height of the lower wall.

[3] No retaining wall shall be closer than the height of the wall to any lot line or proposed lot line. Retaining walls shall not be constructed within any public street right-of-way or across property lines. When maintaining or replacing a retaining wall that does cross a property line, the owner should attempt to match the construction material of the remaining wall, except that railroad tie walls should be replaced with a more durable material, if possible.

[4] Concrete modular retaining walls shall be designed and constructed in accordance with manufacturer's specifications. All timber used for retaining wall construction shall be southern yellow pine treated with preservative, copper chromated arsenate (CCA) 0.40 retention. Timber shall be marked indicating the preservation retention.

[5] Fences may be required along the tops of retaining walls at the discretion of the Borough Engineer.

[6] Retaining walls erected as part of an approved site plan or grading permit shall not require a zoning permit as per § 145-304.

(e) Driveways. Driveways to be constructed or modified as part of a site grading permit application shall conform to the provisions of § 145-307, Driveways, of this chapter.

(f) Reasons for soil disturbance. Proposed disturbance of soil shall be for purposes consistent with the intent of this chapter, and shall be executed in a manner that will not cause excessive erosion or other unstable conditions.

(g) Surface water runoff. Provision shall be made for the proper disposition of surface water runoff so that it will not create unstable conditions. Appropriate storm drainage facilities shall be constructed as deemed necessary, and adequate protective measures shall be provided for downstream properties.

(h) Public safety. Provision shall be made for any structures or protective measures that proposed slopes may require for the protection of the public safety, including but not limited to retaining walls, headwalls and fences.

(i) Water and sewerage. Proper facilities shall be provided for a safe water supply and for the disposal of sanitary sewage as approved by the Borough Council or Hunterdon County Health Department.

(j) Impeding flow of surface water. No proposed building, structure or attendant protective measures shall impede the flow of surface waters through any watercourse or cause an increase in flood heights or velocities.

(k) Building supports. Any proposed building or structure shall be of sound engineering design with footings designed to extend to stable soil and/or rock, with proper lateral support, and when built, may be occupied without peril to the health or safety of the occupants.

(l) Roads and parking areas. Any proposed vehicular facilities, including roads, driveways or parking areas, shall be so designed that any land disturbance shall not cause excessive erosion. Both the vertical and horizontal alignment of vehicular facilities shall be so designed that hazardous circulation conditions will not be created.

(m) Removal of trees. Removal of trees shall be in accordance with Chapter 183[1] of the Code of the Borough of High Bridge.

[1] Editor's Note: See Ch. 380, Trees.

F. Implementation of proposed measures. Since considerable soil erosion can take place during land disturbance, development plans shall contain proposed soil erosion and sediment control measures and shall be incorporated into any final construction drawings that are prepared. Soil erosion and sediment control measures shall conform to the standards as defined in Subsection E above. The measures shall apply to all features of the construction site, including street and utility installations, as well as to the protection of individual lots.

(1) Timing. The Borough Engineer shall require the construction or installation, or both, of improvements or such other measures necessary to prevent soil erosion and sedimentation prior to any site development work or start of construction.

(2) Bonding. Improvements or other such measures on an approved soil erosion and sedimentation control plan, which may be required subsequent to the start of construction or site development work, may be deferred until such appropriate time as required. The Planning Board shall provide for the posting of performance guaranties and maintenance bonds in the same manner as provided in § 145-813I and § 145-702 of this chapter.

G. Maintenance of soil erosion and sediment control measures. Individuals or developers carrying out soil erosion and sediment control measures under this section and all subsequent owners of property on which such measures have been installed must adequately maintain all permanent soil erosion control measures, devices and plantings in effective working condition for a minimum period of two years after implementation. The Borough Engineer shall give the applicant, upon request, a certificate indicating the date on which the measures called for in the approved plan were completed.

H. Inspection and enforcement.

(1) The requirements of this section shall be enforced by the Borough Engineer, who shall inspect or require adequate inspection of the work. The applicant shall notify the Borough Engineer at least 24 hours prior to the start of construction. No underground installation done for the purpose of this section shall be covered until inspected and approved. If the Borough Engineer finds conditions not as stated in the applicant's soil erosion and sediment control plan, or site grading plan, or if he finds that the provisions of the certified plan are not being followed by the applicant, he may refuse to approve further work and may issue a stop order of the construction of such improvements listed under § 145-702F(2) of this chapter. The Borough Engineer shall notify the Planning Board, in writing, of the reason for the refusal or the stop order, and he may require additional necessary erosion and sediment control measures to be promptly installed. The applicant shall have the certified plan on site during construction. The Borough Engineer shall provide the Planning Board, Environmental Commission, the Construction Official or Zoning Officer, and the Hunterdon County Soil Conservation District with a report of compliance upon completion of the project.

(2) Revocation of building permit or certificate of occupancy. In the event of a failure to comply with any condition of the soil erosion and sediment control plan or site grading permit, the Construction Official shall cause the revocation of the building permit, or certificate of occupancy, as the case may be, and seek to enjoin the violation or take such steps looking to the enforcement of any such conditions as may be lawful. The Construction Official shall notify the Borough Engineer and Zoning Officer immediately of the failure to comply and proceed to enforce the plan's requirements in accordance with the directives of the Borough Engineer.

I. Maintenance bonds. The Planning Board may require a cash amount to be deposited in an escrow account in favor of the Borough of High Bridge in an amount not to exceed 15% of the estimated cost of improvements called for in the approved soil erosion and sediment control plan or grading plan. The amount of the maintenance guaranty shall be determined by the Borough Engineer based on a review and approval of an estimate of quantities and costs prepared by the applicant's engineer. Said maintenance bond/account shall run for a period of two years. Said two-year period shall run from the date of the issuance of the last certificate of occupancy for a site plan or for the last home in the development as shown on the preliminary plat in the case of a subdivision. Such maintenance guaranty may be made part of the maintenance bond required by this chapter.

J. Liability insurance. Prior to final approval of any site plan or any section of a major or minor subdivision, the applicant shall have filed with the Borough of High Bridge a certificate of liability insurance of at least $50,000 to cover damage to surrounding properties or watercourses.

K. Fees. Application and escrow fees required for the plan reviews, inspections and permits described herein shall be posted in accordance with § 145-701.

L. Violations and penalties.

(1) In the event of a failure to comply with any condition or regulation or provision of an approved plan or permit, the Construction Official or the Zoning Officer of the Borough of High Bridge, upon recommendation of the Borough Engineer, shall issue such stop order or orders, as the case may be, or issue a summons, as appropriate. Additionally, the Construction Official shall revoke any building permit(s) or certificate(s) of occupancy, upon recommendation of the Borough Engineer.

(2) If any person violates any of the provisions of this section or standard promulgated pursuant to the provisions of this section or fails to comply with the provisions of a certified plan or approved permit, the Borough may institute a civil action in the Superior Court for injunctive relief to prohibit and prevent such violation or violations, and said court may proceed in a summary manner. Any person who violates any of the provisions of this section or any standard promulgated pursuant to this section or fails to comply with the provisions of a certified plan or approved permit shall be liable for a penalty of not less than $500 nor more than $3,000 to be collected in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.). The Superior Court, County Court, County District Court and Municipal Court shall have jurisdiction to enforce said Penalty Enforcement Law. If the violation is of a continuing nature, each day during which it continues shall constitute an additional separate and distinct offense.

§ 145-814 Waivers.

All of the design requirements specified in this article, except for those also required by federal, state or county law or regulation, may be waived by the Board if the deviation or alternative design is found to be reasonable and within the general purpose and intent of this chapter and its provisions, and if the literal enforcement of the specific provision from which a waiver is requested is found to be impracticable or will exact undue hardship upon the developer because of peculiar conditions pertaining to the land in question.