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.
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)
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORM DRAIN INLET
WATERS OF THE STATE
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.
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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.
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:
(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:
[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.
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).
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.
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.
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.
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.
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.
(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.
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.
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.
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.
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.
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.
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.
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.
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.
APPLICANT
APPROVED PLAN
CERTIFICATION
CRITICAL EROSION AREA
DIVERSION
EMBANKMENT
FARM CONSERVATION PLAN
LAND DISTURBANCE
NATURAL GROUND SURFACE
PERMIT
PERMITTEE
REGULATED GRADING
SEDIMENT BASIN
SOIL CONSERVATION DISTRICT
STANDARDS
STATE SOIL CONSERVATION COMMITTEE
TEMPORARY PROTECTION
VEGETATIVE PROTECTION
Definitions. The following definitions shall apply specifically to the interpretation and enforcement of this section, notwithstanding a similar term defined in Article I:
A person, partnership, corporation or public agency requesting
permission to engage in a land disturbance activity.
A plan to control soil erosion and sedimentation that has
been approved by the Borough Engineer.
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.
A sediment-producing, highly erodible or severely eroded
area.
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
A man-made deposit of soil, rock or other materials.
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.
The excavation or filling of land or grading activity that
alters the existing grade of the ground surface.
The ground surface in its original state before any grading,
excavation or filling.
A certificate issued to perform work under this section.
Any person to whom a permit is issued in accordance with
this section. See also "Applicant."
Any grading performed with the approval of and in accordance
with criteria established by the Borough Engineer.
A barrier or dam built across a waterway or at any other
suitable location to retain rock, sand, gravel or silt or other material.
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 for Soil Erosion and Sediment Control in New Jersey,
as promulgated by the 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.
Stabilization of erosive or sediment-producing areas for
a set period of time until permanent measures can be established.
Stabilization of erosive or sediment-producing areas by covering
soil with:
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.
(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.
(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.
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.
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.
