A. 
General. This Article provides design guidelines, design standards and construction specifications which shall apply to applications for site plan or subdivision approval.
B. 
New Jersey Residential Site Improvement Standards. The New Jersey Residential Site Improvement Standards shall be considered to be incorporated herein by reference. A copy of the standards shall be available for inspection in the office of the Zoning Officer. The following provisions shall govern the application of the standards (as used in this section, the residential site improvement standards are referred to as "the standards"):
(1) 
Any project for which preliminary subdivision or site plan approval has been given prior to June 3, 1997 shall continue to be subject to the standards and provisions of this Land Use Ordinance which were in effect prior to June 3, 1997.
(2) 
The standards shall apply to all applications for residential subdivision and site plan approval, and shall apply to all site improvement work and appurtenant construction including streets, roads, parking facilities, sidewalks, drainage structures, grading and utilities.
(3) 
The standards shall not apply to driveways on private property held in fee-simple as individual residential lots outside of the public right-of-way, including common driveways established by easements shared by more than one (1) dwelling unit on private property.
(4) 
Where both residential and commercial development are planned in a mixed-use development, the standards shall apply to the residential part or parts of such development where such residential part or parts are discrete and separate from planned commercial parts as evidenced by, for example, separate building(s), separate parking, and separate access features.
(5) 
The standards shall supersede and replace all technical requirements of this Article with regard to streets, parking, water supply, sanitary sewers and storm water management in residential development.
(6) 
The standards shall not supersede, and shall not replace, standards in this Article or in any other Article, concerning:
(a) 
Layout, arrangement, and location of improvements, shade trees, landscaping, or reservation of areas for public use, pursuant to N.J.S.A. 40:55D-38;
(b) 
Preservation of existing natural resources; arrangement of physical elements for safe and efficient vehicular and pedestrian circulation, by, for example, traffic calming measures, parking and loading; screening, landscaping, and location of structures; or conservation of energy and use of renewable resources; pursuant to N.J.S.A. 40:55D-41; or
(c) 
Use, bulk, height, number of stories, orientation and size of buildings and other structures; the percentage of lot or development area that may be occupied by structures, lot sizes and dimensions, floor area ratios, or other measures to control development intensity; or the provision of adequate light and air pursuant to N.J.S.A. 40:55D-65.
(7) 
Choice among options contained in the standards shall be the applicant's unless otherwise specified in the standards.
(8) 
Administration, approval, waivers and exceptions, enforcement and violations concerning the standards shall be as set forth in N.J.A.C. 5:21.
(9) 
Those sections of this Article containing standards that may be superseded by the New Jersey Residential Site Improvement Standards are designated with the letters "RSIS" at the end of the section title.
Site plans and subdivisions, to the maximum extent practicable, shall be designed to:
A. 
Be consistent with the Borough Master Plan, Official Map and with the zoning regulations, Article XI of this chapter, including but not limited to provisions providing for the reservation of streets, drainage-ways, flood control basins or public areas such as parks, school sites, historic sites or similar areas affecting or affected by the development.
B. 
Consider County, regional and State plans for the Borough, and to conform to all applicable regulations of the County, State or Federal governments, as well as any regional entities having jurisdiction.
C. 
Minimize negative impacts to the natural and manmade environment, including wetlands, areas prone to flooding, stream corridors, steep slopes, surface and ground water systems, significant trees and stands of vegetation, wildlife, historical structures and sites, existing structures, neighborhood character and the fiscal stability of the community.
D. 
Advance the purposes of this chapter and the Municipal Land Use Law, as applicable.
A. 
General. The layout of blocks and lots shall be designed to:
(1) 
Be compatible with the lot and block patterns established in the neighborhood, as appropriate.
(2) 
Minimize negative impacts to the natural and manmade environments.
(3) 
Provide for a well-designed system for circulation and access.
(4) 
Provide a suitable amount of land on each lot that will enable appropriate development according to this chapter without undue environmental impact.
B. 
Block length. No block shall exceed one thousand (1,000) feet in length.
C. 
Lots to conform with zoning requirements. Whenever a new lot is formed from a part of any other lot or lots, the assembly or separation shall be effected in such a manner as not to impair any of the requirements of this chapter. No subdivision shall be permitted which results in a change in area, width, or front, side or rear yard that fails to comply in every respect with the required provisions of the district in which it is located.
D. 
Lot shape. Lots shall be shaped to enable proper use, maintenance of and access to the lot, and in keeping with the planned future development of the area, as indicated in the Master Plan and zoning regulations. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
E. 
Lots to front on street. Each lot must front upon an approved street at least fifty (50) feet in width, or such greater width that may be required herein or by the Borough Master Plan, Official Map or by any other law.
F. 
Suitability of lots for development. The Board may, after adequate investigation, withhold approval of any lot which in its opinion is not suitable for its intended use due to factors such as, but not limited to, rock formations, flooding, wetlands, soil conditions, presence of hazardous materials, excessive slopes, lot shape, etc. The Board may require and the applicant may propose, as appropriate, revision to the proposed lot layout to mitigate the above concerns by:
(1) 
Eliminating unsuitable lots and merging same with adjacent lots.
(2) 
Dedicating unsuitable lots to the Borough for conservation and/or recreational purposes.
(3) 
Providing for restrictions on the future development of unsuitable lots by conservation easements, deed restrictions, common open space ownership or other restrictions.
G. 
Numbering of lots. Whenever a lot or lots shall be subdivided or merged, none of the lots shall retain the lot numbers that existed before such subdivision or merger. By way of example and not limitation, the lots resulting from a subdivision of a lot 6 into two (2) lots may be numbered 6.01 and 6.02, but not 6 and 6.01. Similarly, the lot resulting from a merger of lots 5 and 6 into one (1) lot may be numbered lot 5.01 or 6.01, but not 5 or 6.
[Added 12-17-01 by Ord. 2118]
The following standards shall apply for all street improvements which are within the jurisdiction of the Borough of Somerville:
A. 
General. The design, construction and maintenance of streets shall be designed to:
(1) 
Comply with the proposals in the Borough Master Plan and Official Map.
(2) 
Permit the safe, efficient, and orderly movement of vehicular and pedestrian traffic.
(3) 
Discourage high volumes of through traffic or truck traffic on minor streets and in residential areas.
(4) 
Provide for anticipated future volumes and speeds of traffic.
(5) 
Provide for adequate access and movement of emergency and service vehicles, including police and fire-fighting equipment, school buses, street maintenance vehicles, garbage trucks, delivery vehicles, etc.
(6) 
Provide access to adjacent properties without unduly interfering with the flow of traffic.
(7) 
Provide a simple and logical street pattern.
(8) 
Provide an attractive streetscape.
B. 
Street width. The width of street right-of-way and pavement shall be as set forth below, according to the Master Plan street classifications, unless in a particular situation the Master Plan or Official Map require a greater width. Widths shall be measured perpendicular to and equidistant from the centerline of the street right-of-way.
(1) 
Master Plan Street
Classification
Right-of-way
Pavement
Borough arterial
66 feet
30-40 feet*
Borough collector
50-60 feet*
24-36 feet*
Minor
50 feet
30 feet
* Note: exact requirement to be based upon analysis of traffic and street conditions.
New streets not shown or classified in the Master Plan and extensions of existing streets shall be classified by the Board according to their function, and shall be required to conform to the above width requirements.
(2) 
Subdivisions which abut existing streets that do not conform to the width standards of this chapter shall dedicate additional width along one or both sides of such street as may be applicable in order to comply with said standards.
(3) 
Half streets. Half streets shall be prohibited except where essential to the reasonable development of the subdivision in conformity with other requirements of this chapter and where the Board finds that it will be practical to require the dedication of the other half of the street when the adjoining property is subdivided. Wherever a half street is adjacent to a tract to be subdivided, the other half the street shall be platted within such tract.
C. 
Street grades and grading. Streets shall be graded in accordance with the following standards:
(1) 
Minimum grade. All streets shall have a minimum centerline grade of one percent (1%).
(2) 
Maximum grade. No street shall have a centerline grade which exceeds ten percent (10%).
(3) 
The developer shall be required to grade the full width of the street right-of-way, and to grade abutting property as necessary to comply with the design standards of this chapter for streets. Where required by the Board, the developer shall provide slope-right easements on property abutting the street right-of-way.
D. 
Street intersections. The following standards shall apply:
(1) 
Street intersections shall be as nearly at right angles as possible and in no case shall the angle of intersection be less than seventy-five (75) degrees.
(2) 
New intersections created with an existing street shall be aligned with any existing or planned streets on the opposite side of the intersecting street and shall minimize jogs and sharp angles.
(3) 
No horizontal curves or portion thereof shall be permitted on a collector street within one hundred (100) feet of the intersection with another collector street or an arterial street.
(4) 
Sight triangle easements shall be provided at all intersections, when essential for traffic safety. The dimensions of said easements shall be determined by the Board, taking into account existing and future traffic conditions, including traffic speed, number of lanes, vehicle types, angle of intersection, type of intersection control and other factors, but in no case shall the sight triangle easement measure less than thirty (30) feet on any side. The placement or maintenance of any structures or vegetation, and the grading of any slopes, which would exceed thirty (30) inches in height at any point in the line of sight is prohibited, provided that traffic signs and other public safety structures are exempt from this limitation.
(5) 
Property lines at street intersections shall be rounded with a minimum radius of twenty (20) feet, provided that the Board may require a greater radius if warranted due to anticipated traffic conditions, including but not limited to the types and volumes of vehicles expected to use the street, traffic speeds, etc.
E. 
Dead end streets. The following standards shall apply to dead end streets:
(1) 
The maximum length of dead end streets shall be six hundred (600) feet. The length shall be measured along the centerline of the street(s) between the extreme dead end of the right-of-way line at the turning circle to the centerline of the nearest intersecting through street.
(2) 
There shall be a turnaround provided at the end of all dead end streets with a minimum pavement radius of forty (40) feet, and a minimum right-of-way radius of fifty (50) feet. Whenever possible, the turnaround shall be tangent to the right side of the street as one approaches the turnaround.
(3) 
If a dead end street is of a temporary nature, a turnaround shall be provided in accordance with the standards for permanent turnarounds. Provision shall be made for the future extension of the street and the reversion of excess right-of-way to abutting property owners. Removal of the temporary turnaround and installation of permanent improvements, including but not limited to pavement, sidewalks, curbs, topsoil, shade trees, driveway aprons, etc. shall be at the sole expense of the developer proposing the street extension.
F. 
Street pavement. All streets shall be paved to provide a surface course of F.A.B.C. at least two (2) inches thick; a bituminous stabilized base course, Mix I-2, at least four (4) inches thick; a dense graded aggregate base course at least six (6) inches thick; all upon a compacted subgrade. On high volume streets or streets expected to experience higher volumes of truck traffic, the base course shall be at least six (6) inches thick. When poor subsurface conditions exist, the Board may require different pavement specifications, as determined by the Borough Engineer.
[Amended 12-17-01 by Ord. 2118]
G. 
Street curbs. Street curbs shall be designed and constructed in accordance with the following:
(1) 
Curbs shall be constructed on both sides of the pavement.
(2) 
For any new street the developer may select either concrete or granite block, unless said street is a continuation of an existing street containing curbs, in which case the new curbing shall be consistent with the existing curb.
(3) 
In any existing street, the type of curbing shall be consistent with the character of said street. In case of question as to the predominant character of the curbing for the street, the Board shall make the determination.
(4) 
Curbs shall be depressed at driveway openings and at sidewalk street crossings to enable barrier-free access by disabled persons.
(5) 
Curbs shall be designed and constructed in accordance with the standards and specifications set forth in the most recent edition of the Somerset County Traffic, Road and Bridge Handbook.
[Amended 12-17-01 by Ord. 2118]
H. 
Public sidewalks. Sidewalks shall be constructed within the street right-of-way in accordance with the following standards:
(1) 
Sidewalks shall be installed on both sides of streets.
(2) 
Sidewalks shall be at least four (4) feet wide, provided that the Board may require a greater width if warranted by existing or future conditions.
(3) 
Sidewalks shall be designed and constructed to enable access by disabled persons, particularly as they relate to grade, alignment, material, driveway and street crossings, and so forth.
(4) 
Sidewalks shall conform to the construction specifications set forth in the N.J. Residential Site Improvement Standards; provided, however, that in the Special Improvement District, sidewalks shall conform to the specifications of the District Management Corporation.
[Amended 12-17-01 by Ord. 2118]
I. 
Driveway aprons. Flared driveway aprons shall be provided between the street pavement and the sidewalk or, when no sidewalk is required, between the street pavement and the right-of-way line, in accordance with the requirements of the Borough Engineer.
J. 
Street name signs. The following provisions shall apply to the placement of street name signs:
(1) 
Street name signs shall be placed at all street intersections, including those intersections where new streets intersect an existing street.
(2) 
Street name signs shall be of a type and at locations approved by the Borough Engineer.
(3) 
No name applied to any street shall duplicate or so nearly resemble the name of any existing street within the Borough or nearby locations outside the Borough as to cause confusion.
(4) 
When a street is proposed as an extension of an existing street, the proposed street shall use the same name as the existing street, unless the Board directs otherwise.
K. 
Street lighting. Light fixtures and standards shall be installed in accordance with the standards and specifications of the utility company providing the service.
L. 
Street trees. The following standards shall apply to the placement of street trees:
(1) 
Street trees shall be placed on both sides of the street.
(2) 
Street trees shall be located where they will not interfere with curbs, sidewalks or driveways, electric or telephone wires or poles, utility lines or pipes located above or below the ground, where they will not interfere with the proper distribution of light from street lighting fixtures, and where they will not interfere with proper sight distance.
(3) 
Street trees shall be spaced approximately fifty (50) feet on center, depending upon mature height and spread of the tree, and taking into account the location of utility structures, driveways and other structures.
(4) 
The choice of tree species shall be as approved by the Board. Tree species to be used shall be deciduous and shall be appropriate for their neighborhood location, hardiness, soil characteristics, light exposure, and available moisture, and shall not be unusually susceptible to pests or diseases, nor shall they require excessive maintenance.
M. 
Street furniture. All developments shall provide for those elements of street furniture appropriate to the particular use and location, as determined by the Board. These may include, but are not limited to, phone booths, benches, planting boxes, mail and meter boxes, lighting standards, directional signs, bollards (posts), fences and walls, water fountains and pools, drinking fountains, trash receptacles and bicycle racks. The following provisions shall apply:
(1) 
In reviewing a site plan, details of street furniture shall include location size, lighting and design relationship to the principal building(s).
(2) 
Such furniture shall be subordinate to the site plan and arranged in a design-coordinated fashion to the principal use on the lot, i.e., color, scale and style shall be harmonious with the principal building and coordinated with the overall site landscaping plan.
(3) 
Trash and recyclable material receptacles shall be located near recreational activities, at street corners, at entrances and exits to buildings and where people naturally congregate, such as under street lights.
N. 
Private streets. Any private street proposed for any development shall follow the same standards required for public streets.
Buildings shall be designed and placed in accordance with the following provisions:
A. 
General guidelines. The location and design of buildings shall:
(1) 
Encourage the most appropriate use and development of the site and adjacent properties.
(2) 
Preserve and enhance natural features and the physical environment.
(3) 
Promote a desirable visual environment which is harmonious with the character of existing development and which enhances the character of the surrounding neighborhood and the Borough as a whole, and avoids adversely effecting the value of adjacent or nearby properties.
(4) 
Use exterior colors, facade or roof materials or a combination of colors and materials that are harmonious.
(5) 
Create a coordinated and harmonious appearance through the relationship of design features, such as height and mass, building proportions, roof lines, building projections and ornamental features.
(6) 
Use all sides of the building to contribute to the architectural unity of the building by using similar building materials for the front, side and rear walls, and through other methods.
(7) 
Avoid large unbroken building masses.
(8) 
Use attractive and quality building materials.
(9) 
Provide for appropriate access by vehicles, including emergency and service vehicles, and pedestrians, including disabled persons when required by State or Federal regulation.
[Amended 2-04-02 by Ord. 2120]
(10) 
Enable service by the appropriate utilities.
B. 
Durability of materials; prohibited materials. All buildings shall use durable material requiring low maintenance, such as brick, stone, stucco, glass, precast concrete, aluminum or vinyl siding, and wood, when properly treated. Where durability and performance are questionable, the applicant may be asked to provide a manufacturer's guaranty or proof of durability from an independent testing laboratory certification. The use of exposed concrete block is prohibited, unless the same is textured.
C. 
Additional standards for garden apartments, townhouses and similar multi-family developments.
(1) 
Both excessive monotony and excessive variation shall be avoided in the design and layout of buildings. Each building or complex shall have an architectural theme with appropriate variations. Such variations in design shall result from the use of landscaping, the orientation of buildings, varying unit widths, using different exterior materials, changing roof lines and designs, varying building heights, and changing window types, shutters, doors, porches, and exterior colors. Building exteriors shall have vertical and/or horizontal offsets to create visual breaks on the exterior.
(2) 
The site plan should be broken into visually small grouping such as quadrangles, clusters and courts. Townhouses and similar style structures in each cluster should be consistent in terms of architectural style and major design elements such as materials, colors, windows, or roof design.
(3) 
Architectural style and major design elements of each building, such as materials, colors, windows, and roof design, shall be compatible with desirable existing dwelling units in the immediate neighborhood.
(4) 
Accessory structures, including but not limited to garages, carports, gazebos or pavilions, walls, fences, walks, shall be compatible, in both style and materials, with the design of the buildings in the development.
D. 
Design standards for land development and subdivision applications within the B-1 and B-2 zone districts.
[Added 4-6-09 by Ord. 2289]
(1) 
Building facades shall be designed in a manner compatible with the existing historical facades on Main Street, particularly as to building materials, colors and textures, building projections and recesses, fenestration, storefront design and roof design, and as set forth in Special Improvement District design guidelines. Buildings constructed within the B-1 and B-2 zone districts should add character to Somerville and reflect the historic styles found within the Borough and region. High quality materials should be used and these buildings should be designed to achieve a life span at least seventy-five (75) years. Acceptable building materials include wood clapboard siding, brick, and decorative concrete, terra cotta, ceramic/glazed tile as well as other natural materials such as marble, granite and cedar shakes. EIFS and other synthetic stucco materials are prohibited. Vinyl siding is discouraged.
(2) 
Buildings shall be built within fifteen (15) feet of the public (road) right-of-way. This "build to line" results in the creation of "street walls." Street walls are the vertical plane defined by buildings along the street and they reinforce a pedestrian friendly streetscape. The identity of the area shall be shaped by buildings, not parking lots. If the building fronts on a curbed street, the building curb cuts are encouraged to be on side streets. If this is not possible, the building setback shall accommodate the sight triangle for the curb cuts.
(3) 
Horizontal and vertical differentiation of large facade areas shall be broken down so as to appear as a series of different buildings, each building facade should be of scale of buildings found in Somerville. The horizontal facade shall be spaced a maximum of fifty (50) feet. The design and dimensions of bays shall be varied to create interest. A repetitive pattern shall not be used. The base (lower one levels), middle and top of the buildings shall be distinguished from one another by changes is material, masonry, fenestration pattern, trims, cornices, etc. The building facades should have a similar alignment of window sills, building lines, floor line, cornice, rooflines and floor to floor spacing.
(4) 
When it is unavoidable that parking garages be visible from streets and other public spaces, the facades shall be designed in a manner compatible with the existing historical facades on Main Street, particularly as to building materials, colors and textures. Ideally the structured parking should be on the first level and/or upper levels of buildings, within the interior of a block or fully below grade so that the parking is hidden from view of streets and other public areas (parking areas located on the first or upper level of buildings would be in the interior of the building and would be screened by ground floor retail or commercial spaces).
(5) 
Parking garages should be integrated with the buildings that they serve so that access is available on multiple levels. Pedestrian pathways between buildings and parking garages shall be covered and have a minimum width of ten (10) feet, well lit, and be highly visible.
(6) 
Orient buildings and main building entrances to face streets or other important public spaces, and clearly mark and frame these entrances architecturally with columns, lintels, pediments, canopies or other architectural features. Buildings oriented toward parking lots are prohibited.
A. 
General. Driveways providing access between streets, parking and loading areas and other vehicle use areas shall be designed to:
[Amended 06-16-03 by Ord. 2143]
(1) 
Safely accommodate the number and types of vehicles expected to use the facility.
(2) 
To consider the nature of traffic on the adjacent street and the design of street improvements.
(3) 
To provide adequate sight distance.
(4) 
To be compatible with the nature of improvements, including driveways, on nearby properties.
(5) 
Comply with all applicable State or County highway access management codes.
B. 
Number of driveways to and from street. Access shall be provided by the minimum number of driveways necessary, considering the characteristics of the adjacent street traffic and street improvements, anticipated traffic volumes using the site driveway(s), the need for emergency access, site visibility and other factors related to traffic safety. There shall be no more than one (1) driveway on any site providing access to and from a Borough arterial roadway, unless determined by the Board that additional driveways are necessary for traffic safety and convenience.
C. 
Driveway location. Access driveways shall be located as indicated below. Distances shall be measured to the edge of pavement of the driveway, exclusive of curb returns, flaring or other widening of the driveway within the street right-of-way.
(1) 
No driveway shall be located within fifty (50) feet of the point of beginning of any rotary, ramp, interchange, point of tangency of an existing or proposed curb radius for any street intersection.
(2) 
No driveway shall be located within twenty-five (25) feet of a pedestrian crosswalk.
(3) 
No driveway serving nonresidential or multi-family residential uses shall be located within ten (10) feet of any side lot line, except as provided otherwise herein for common access driveways.
[Amended 06-16-03 by Ord. 2143]
(4) 
No driveway serving nonresidential or multi-family residential uses shall be located within ten (10) feet of any property used or zoned for residential use.
[Amended 06-16-03 by Ord. 2143]
(5) 
Where access for any site is provided by more than one (1) driveway from the same arterial street, the driveways shall be located at least two hundred (200) feet apart.
(6) 
Where access for any site is provided by more than one (1) driveway from the same street other than an arterial street, the driveways shall be located at least fifty (50) feet apart.
(7) 
No driveway in any residential zone shall provide access to any property located in a nonresidential zone or to any use prohibited in such residential zone.
(8) 
Driveways serving permitted development in the G-Garden Apartment district shall only be located in said district.
D. 
Driveway width. The width of driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated, and shall not be more or less than necessary. The width shall be measured between the pavement edges of the driveway, perpendicular to the direction of travel, exclusive of curb returns, flaring or other widening of the driveway within the street right-of-way. The following provisions shall apply:
(1) 
One-way driveways shall not be less than ten (10) feet in width, nor more than fifteen (15) feet in width, if only one (1) travel lane is proposed. If two (2) lanes are proposed, driveways shall not be less than twenty (20) feet in width, nor more than thirty (30) feet in width.
(2) 
Two-way driveways shall not be less than twenty (20) feet in width, nor more than thirty-five (35) feet in width, if only two (2) travel lanes are proposed.
(3) 
Driveways with more than two (2) travel lanes may be permitted, if it is demonstrated to the Board's satisfaction that such design is necessary for traffic safety and convenience.
(4) 
Driveways serving low traffic volumes and which are intended for use primarily by passenger vehicles and light trucks shall be designed using minimum widths.
(5) 
Driveways serving high traffic volumes and/or which are intended for use by single-unit trucks, buses, trailer trucks and similar larger vehicles shall be designed using moderate to maximum widths, as appropriate.
E. 
Angle of intersection with street. Driveways shall intersect the street at a ninety (90) degree angle when practicable and in no event at less than a sixty (60) degree angle, provided that one-way driveways permitting right turn only entrance or exit movements may intersect the street at no less than a forty-five (45) degree angle if acceleration and/or deceleration lanes are provided.
F. 
Sight distance. Driveways providing access to/from a street shall be so designed in profile and grading and located to provide the following minimum sight distance at the street measured in each direction. The measurements shall be from the driver's seat of a vehicle standing in that portion of the exit driveway that is immediately outside the edge of the road right-of-way.
Permitted Road Speed
Required Sight
Distance in Feet
25 MPH
150
30 MPH
200
35 MPH
250
40 MPH
300
45 MPH
350
50 MPH
400
G. 
Acceleration and deceleration lanes. Sites abutting arterial streets which are anticipated to have high driveway traffic volumes, including but not limited to sites containing parking areas with at least two hundred (200) parking spaces may be required to have acceleration and/or deceleration lanes in accordance with design criteria established by the American Association of State Highway and Transportation Officials standard manuals. Such determination shall be made by the Board, taking into consideration existing and proposed access driveways and the effect of such acceleration and/or deceleration lanes on traffic safety.
H. 
Common access driveways. In appropriate circumstances, common access driveways may be permitted or shall be required by the Board. Appropriate circumstances shall include instances when such driveways may: 1) serve common parking areas, 2) reduce the number of access driveways that would otherwise be necessary, 3) improve the location of access driveways from what would otherwise be possible, or 4) otherwise provide for improved traffic safety and convenience. In the event that construction of a common access driveway is desirable but not feasible at the time a development application is made, the Board may condition any approval upon the construction of such driveway in the future, and may require the creation of reasonable and necessary access easements to implement such common access driveway.
I. 
Pedestrian access. Access shall be provided between the street right-of-way and buildings, off-street parking areas and other areas intended for use by pedestrians through the construction of walkways. Said walkways shall comply with the standards for public sidewalks and the standards for walkways serving off-street parking areas.
A. 
General. Off-street parking, loading and on-site circulation improvements shall be designed to:
(1) 
Provide adequate space in appropriate locations for vehicles of employees, patrons, and visitors and for shipping and delivery vehicles, including future space needs.
(2) 
Be compatible with the internal circulation system of a site and avoid unusual risks of traffic congestion, public safety or hazards.
(3) 
Avoid substantial negative impacts to adjacent properties.
(4) 
Discourage illegal and improper parking of vehicles.
(5) 
Provide only the minimum area of pavement necessary to meet site needs, and to break up large areas of pavement with landscaping.
(6) 
Ensure that all vehicles may turn around within the parking or loading area, thus preventing the necessity of any vehicle backing into a public street.
(7) 
Ensure proper drainage.
(8) 
Provide for access by disabled persons when required by Federal or State laws pertaining to the same.
(9) 
Enable appropriate property maintenance and security.
B. 
Dimensions of parking and loading spaces. Parking and loading spaces shall be designed to provide an off-street rectangular area with the following minimum dimensions, which shall exclude any street, driveway, access aisle or other right-of-way area adjacent to the parking or loading space; provided that an additional foot of width shall be required when such spaces abut a wall or other barrier on the side of the space:
[Amended 12-17-01 by Ord. 2118]
Type of Space
Space Width
Space Depth
Vertical Clearance
Automobile Parking
Standard-high turnover
9'
18'1
7'
Standard-parking garage
8.5'
18'1
7'
Compact
8'
16'1
7'
Reserved for disabled persons 2
8'
18'1
8.5'
Drive-up lane
9'
20'
8.5'
Light delivery truck
11'
25'
8.5'
Single-unit truck
12'
35'
14'
Tractor trailer
12'
55'
14'
1 When spaces are designed to be parallel to the access aisle, an additional three (3) feet of depth shall be required at each end of the space, with a total of six (6) feet additional depth between two (2) such spaces, in order to provide for maneuvering area in and out of the space. This additional depth shall be striped on the pavement to prohibit parking within such area.
[Amended 06-16-03 by Ord. 2143]
2 Dimensions do not include adjacent passenger loading zone, which shall be at least five (5) feet wide (eight (8) feet for van-accessible spaces). Barrier-free parking spaces shall comply with the Americans with Disabilities Act and the New Jersey Barrier-free Subcode (N.J.A.C. 5:23-7).
C. 
Access aisles for parking spaces.
(1) 
Access aisles serving parking areas shall have the following minimum widths:
Minimum Aisle
Width
Angle of Parking Space
Standard
Compact
0°
12'
12'
30°
12'
11'
45°
13'
13'
60°
18'
15'
75°
22'
17'
90°
24'
21'
(2) 
In the event one side of an access aisle contains compact spaces and the other side contains standard spaces, the aisle width requirement for standard spaces shall apply.
[Amended 06-16-03 by Ord. 2143]
(3) 
In the event one side of an access aisle contains parking spaces at one angle and the other side contains parking space at a different angle, the aisle width requirement for the spaces at the greater angle shall apply.
(4) 
Any access aisle serving parking spaces which are aligned with the aisle at less than a ninety (90) degree angle shall only be permitted if designed for one-way traffic.
D. 
Access aisles for loading spaces.
(1) 
The width of access aisles serving loading spaces shall be not less than the depth of the space required for the longest vehicle expected to use the space, as follows:
Vehicle Type
Required Space
Depth
Required Aisle
Width
Total Space and Aisle
Light delivery truck
25'
25'
50'
Single-unit truck
35'
35'
70'
Tractor trailer (WB-50)
55'
55'
110'
E. 
Parking for compact vehicles. The parking space and access aisle dimensions for compact vehicles permitted herein shall not be permitted unless the following are complied with:
(1) 
Compact car parking shall only be permitted in parking areas containing at least fifty (50) parking spaces.
(2) 
The number of compact car spaces shall not exceed one sixth (1/6) of the total number of spaces in the parking area.
[Amended 06-16-03 by Ord. 2143]
(3) 
The parking spaces shall be located in a manner that does not encourage use of the spaces by full-size vehicles, and so as to be readily visible by users of the parking area, as determined by the Board.
(4) 
Compact car parking spaces shall be identified by suitable signage, striping or other means so as to encourage their use by compact vehicles and to discourage their use by full size vehicles.
F. 
Pavement. All off-street parking areas and driveways, except for single-family detached and two-family dwellings, shall be surfaced with bituminous concrete to meet one of the following specifications; provided, however, that the Board may accept equivalent pavement designs, subject to the recommendation of the Borough Engineer:
[Amended 12-17-01 by Ord. 2118]
(1) 
Light duty (low traffic volume, primarily automobiles). One and one-half (1 1/2) inches wearing surface, FABC Mix No. I-5; three (3) inches bituminous stabilized base course (Mix No. I-2); four (4) inches dense graded aggregate base course, upon a compacted subgrade.
(2) 
Heavy duty (high traffic volume or regular use by heavy trucks). Two (2) inches wearing surface, FABC Mix No. I-5; four (4) inches bituminous stabilized base course, Mix. No. I-2; six (6) inches dense graded aggregate base course, upon a compacted subgrade.
G. 
Curbs. Parking areas, loading areas, driveways and other paved areas required by the Board shall be bounded by curbs constructed according to the Borough street curb standards, provided that paved areas for single-family detached and two-family dwellings are not required to be curbed unless determined by the Board to be necessary for the public health, safety and welfare.
H. 
Striping. Off-street parking and loading areas shall be striped with painted lines in accordance with the following:
(1) 
All spaces within any parking or loading area shall be clearly marked and maintained with four (4) inch painted lines on the pavement to show the arrangement of spaces within said parking and loading areas.
(2) 
All parking spaces permitted to be reduced to less than nine (9) feet in width by this section shall utilize "hairpin" striping as follows:
(a) 
There shall be a double parallel painted line on each side of the parking space.
(b) 
The width of each line shall be four (4) inches.
(c) 
The double lines on each side of the parking space shall be fourteen (14) inches apart, measured from the center of each line.
(3) 
Fire lanes, crosswalks and other areas as determined by the Board shall be striped and/or otherwise painted for identification.
I. 
Pedestrian circulation. Paved walkways will be provided as necessary to insure safe pedestrian circulation throughout parking areas and into building entrances. The following shall apply:
(1) 
Walkways shall have a passable area at least four (4) feet wide, except where conditions warrant additional width, as determined by the Board.
(2) 
If vehicles are able to overhang the walkway, an additional two (2) feet of walkway width shall be provided, except that greater widths may be required by the Board, depending on the type and orientation of the vehicle expected to overhang the space.
(3) 
Where walkways are located near driveways, access aisles or other vehicle use areas, the walkway shall be raised at least six (6) inches above the pavement, except in locations for ramps providing access by disabled persons.
(4) 
Walkways to be used by disabled persons shall be designed to comply with the Americans with Disabilities Act and the New Jersey Barrier-Free Subcode.
[Added 5-16-2022 by Ord. No. 2661]
A. 
Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and Make-Ready parking spaces through municipal parking regulations and other standards. EVSE and Make-Ready parking spaces will support the State's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and storm water runoff contaminants. The goals are to:
(1) 
Provide adequate and convenient EVSE and Make-Ready parking spaces to serve the needs of the traveling public.
(2) 
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
(3) 
Provide the opportunity for non-residential uses to supply EVSE to their customers and employees.
(4) 
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
B. 
Definitions.
CERTIFICATE OF OCCUPANCY
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.
CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
(1) 
Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC circuit.
(2) 
Level 2 operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.
(3) 
Direct-current fast charger (DCFC) operates on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
MAKE-READY PARKING SPACE
The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make Ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment on a "plug and play" basis. "Make-Ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et al.).
PRIVATE EVSE
EVSE that has restricted access to specific users (e.g., single and two-family homes, executive parking fleet parking with no access to the general public).
PUBLICLY ACCESSIBLE EVSE
EVSE that is publicly available (e.g., park & ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multi-family parking lots, etc.).
C. 
Approvals and permits.
(1) 
An application for development submitted solely for the installation of EVSE or Make-Ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(2) 
EVSE and Make-Ready Parking Spaces installed pursuant to Subsection D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in paragraph (1) above.
(3) 
All EVSE and Make-Ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
(4) 
The Zoning Officer shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of Borough of Somerville's land use regulations.
(5) 
An application for development for the installation of EVSE or Make-Ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
(a) 
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
(b) 
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
(c) 
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any State rule or regulation concerning electric vehicle charging stations.
(6) 
An application pursuant to paragraph (5) above shall be deemed complete if:
(a) 
The application, including the permit fee and all necessary documentation, is determined to be complete;
(b) 
A notice of incompleteness is not provided within 20 days after the filing of the application; or
(c) 
A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
(7) 
EVSE and Make-Ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
(8) 
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
D. 
Requirements for new installation of EVSE and make-ready parking spaces.
(1) 
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(a) 
Prepare as Make-Ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least one-third of the 15% of Make-Ready parking spaces;
(b) 
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15% of Make-Ready parking spaces; and
(c) 
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15% of Make-Ready parking spaces.
(d) 
Throughout the installation of EVSE in the Make-Ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
(e) 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.
(2) 
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in paragraph (1) above shall:
(a) 
Install at least one Make-Ready parking space if there will be 50 or fewer off-street parking spaces.
(b) 
Install at least two Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces.
(c) 
Install at least three Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces.
(d) 
Install at least four Make-Ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
(e) 
Install at least 4% of the total parking spaces as Make-Ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(f) 
In lieu of installing Make-Ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(g) 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.
(h) 
Notwithstanding the provisions of Subsection E, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or Make-Ready parking spaces.
E. 
Minimum parking requirements.
(1) 
All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to the Borough's Land Use Ordinance.
(2) 
A parking space prepared with EVSE or Make-Ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
(3) 
All parking space calculations for EVSE and Make-Ready equipment shall be rounded up to the next full parking space.
(4) 
Additional installation of EVSE and Make-Ready parking spaces above what is required in Subsection D above may be encouraged, but shall not be required in development projects.
F. 
Reasonable standards for all new EVSE and make-ready parking spaces.
(1) 
Location and layout of EVSE and Make-Ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
(2) 
Installation:
(a) 
Installation of EVSE and Make-Ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(b) 
Each EVSE or Make-Ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
(c) 
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and Make Ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(d) 
Each EVSE or Make-Ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(3) 
EVSE parking:
(a) 
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.
(b) 
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(c) 
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with paragraph (5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d) 
Private parking. The use of EVSE shall be monitored by the property owner or designee.
(4) 
Safety.
(a) 
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to paragraph (5) below.
(b) 
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with Borough of Somerville's ordinances and regulations.
(c) 
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Non-mountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three feet to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
(d) 
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in paragraph (e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e) 
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(f) 
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(g) 
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, Borough of Somerville shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
(5) 
Signs.
(a) 
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
(b) 
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
(c) 
Wayfinding or directional signs, if necessary, shall be permitting at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with paragraph (b) above.
(d) 
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
[1] 
Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;
[2] 
Usage fees and parking fees, if applicable; and
[3] 
Contact information (telephone number) for reporting when the equipment is not operating or other problems.
(6) 
Usage fees.
(a) 
For publicly accessible municipal EVSE: In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be identified in the parking ordinance.
(b) 
This fee may be amended by a resolution adopted by the governing body.
(c) 
Private EVSE: Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable State and Federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.
All streets and properties shall be designed to safely accommodate anticipated stormwater flows and to protect against flooding and flood damage. The following provisions shall apply:
A. 
General guidelines. The stormwater drainage system for site plans and subdivisions shall be designed to:
(1) 
Prevent the increase of stormwater flows or concentrations above pre-development conditions and/or which would increase the potential for flooding or water-related property damage in the Borough or adjacent municipalities.
(2) 
Minimize the potential for erosion, sedimentation and siltation.
(3) 
Prevent degradation of wildlife habitat, including but not limited to stream, swamp, lake and pond habitats.
(4) 
Consider the impact of the proposed development on the total watershed area.
(5) 
Prevent ponding or icing conditions.
(6) 
Provide for proper maintenance and repair of stormwater facilities.
(7) 
Provide for proper security of storm water facilities and prevent undue hazards.
(8) 
Be aesthetically pleasing.
B. 
Drainage and stormwater easements. If deemed necessary by the Board for the operation, protection or maintenance of any stormwater management structure, channel, watercourse or other feature which is intended to carry stormwater, drainage and/or stormwater easements may be required. The following provisions shall apply:
(1) 
If the property which is the subject of a development application is traversed by a watercourse of any kind, including a channel or a stream, the Board may require that a stormwater and drainage easement and right-of-way be provided, which shall conform in extent substantially with the following standards, whichever is more restrictive:
(a) 
The flood plain of such watercourse.
(b) 
A distance of at least fifteen (15) feet out from the top of the banks of the watercourse, measured perpendicular to the general alignment of the watercourse.
(c) 
Not less than an encroachment line established by a competent higher authority.
Said easement and right-of-way may be required to include provisions assuring preservation of the channel of the watercourse; prohibition of alteration of the contour, topography, or composition of land within the easement and right-of-way; prohibition of construction within the boundaries of the easement and right-of-way which will obstruct or interfere with the natural flow of the watercourse; and reservation to the Public Works Department of a right of entry for the purposes of maintaining the natural flow or drainage of the watercourse, of maintaining any and all structures related to the exercise of the easement and right-of-way and of installing and maintaining storm or sanitary sewer systems or other public utility, and the right to install additional utility lines when needed.
(2) 
Drainage easements provided for the purpose of carrying overland flow or for underground storm drain piping may be required to include provision assuring preservation of the drainage swale or piping systems contained within the easement; prohibition of construction within the easement; and reservation to the Public Works Department of a right of entry for the purpose of maintaining any and all structures related to the exercise of the easement.
C. 
Parking, loading or service areas which accommodate a large number of motor vehicles or which otherwise pose a risk of contamination of stormwater flows through leakage or spillage of oil, grease or other contaminants shall include provisions for an oil or grease trap in the stormwater drainage design.
D. 
Stormwater shall not be directed to flow across public pedestrian walkways.
A. 
General. The grading of land for development shall be designed to:
(1) 
Minimize disturbance of steep slopes and vegetation.
(2) 
Minimize as well as balance the amount of cut and fill, and minimize the transportation of soil and other materials to and from the site.
(3) 
Minimize the potential for erosion, sedimentation, landslides and subsidence.
(4) 
Enable safe and convenient access to properties by avoiding excessive or insufficient slopes for paved areas.
(5) 
Facilitate appropriate maintenance of properties.
B. 
Preservation of topsoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least four (4) inches of cover to all areas of the site. No topsoil shall be removed from the subject property or used as spoil without the permission of the Borough Council.
C. 
Protection of existing vegetation. Desirable existing vegetation shall be preserved to the maximum extent practicable, as determined by the Board. The following shall apply:
(1) 
Appropriate fencing shall be installed at the limits of disturbance as shown on the approved development plans, which shall be at a sufficient distance to prevent disturbance of the root systems or branches of the vegetation to be preserved.
(2) 
When cut or fill near existing trees to be preserved is deemed necessary by the Board, tree wells or retaining walls, as appropriate, shall be provided to maintain the existing grade near the roots of the tree.
(3) 
In the event that a change in the soil surface elevation within the root zone of existing trees is deemed necessary by the Board, the elevation shall not be changed by more than twelve (12) inches, and only then if proper measures are taken to ensure adequate soil aeration and moisture availability.
(4) 
In case the future survival or health of existing trees shown to be preserved on any development plan is questionable, the Board may require performance and/or maintenance guarantees designed to ensure the proper maintenance and/or removal and replacement of any such trees in the event that they do not survive or grow properly.
(5) 
In the event that removal of existing trees is unavoidable, the developer shall be required to provide two (2) replacement trees for each existing tree removed having a trunk caliper of at least six (6) inches. The replacement trees shall comply with the planting specifications set forth in § 102-88E below.
A. 
General. Landscaping for site plans and subdivisions shall be designed to:
(1) 
Preserve and enhance the visual identity of the site, neighborhood and Borough as a whole.
(2) 
Complement the architectural design, mass and proportions of buildings.
(3) 
Provide for variety in appearance by reflecting seasonal changes in the choice of plant material and through careful use of texture, form, color and size.
(4) 
Mitigate the potentially harmful effects of soil and vegetative disturbance, lighting, and noise.
(5) 
Provide shade, windbreaks and other climate control functions where appropriate.
(6) 
Buffer incompatible uses.
(7) 
Screen various improvements, including buildings, parking and loading areas, utilities and drainage structures, storage areas, etc. from streets and adjacent properties.
(8) 
Not conflict or otherwise interfere with vehicular or pedestrian sight distance, travel ways, minimum vertical clearances, light fixtures, electric and telephone lines or other utilities.
(9) 
Use plant material in consideration of hardiness, soil and light conditions, moisture availability, disease and insect resistance, maintenance requirements and other plant characteristics so as to ensure proper plant growth without substantial detriment to individuals or property.
B. 
General site landscaping. Any part or portion of the site which is not used for buildings, accessory structures, loading or parking spaces or aisles, sidewalks and designated storage areas, and which does not contain existing vegetation to remain, shall be landscaped in accordance with an overall landscape planting plan, as approved by the Board. The following provisions shall apply:
(1) 
Except in the B-1 and B-2 zone districts, there shall be provided on the site a minimum of twelve (12) shade trees of mixed species for each acre of the lot not occupied by buildings. The following provisions shall apply:
(a) 
Existing shade trees to be preserved, shade trees in parking areas and buffer areas shall be counted toward meeting the number of trees required, if the Board determines that such trees are distributed adequately throughout the site.
(b) 
Street trees shall not be counted toward the number of on-site shade trees required.
(c) 
Any shade trees to be counted toward meeting the above requirement shall be deciduous.
(d) 
In the event that it is impractical to comply with the foregoing due to exceptional site conditions, the developer may choose to satisfy any deficiency by planting shade trees in the vicinity, either as street trees, except along the frontage of the subject property, or on other properties, either public or private, subject to the permission of the property owner. The location and species of trees to be so planted shall be referred to the Environmental Commission for their review and comment in accordance with the Borough street tree master plan.
(2) 
Landscaping shall be protected from impact or other damage by motor vehicles and from damage by plowed snow through the installation of curbs, bollards, guard rails or fences, and/or through locating plants a sufficient distance from the pavement edge in order to allow for vehicle overhangs, snowplows and storage of plowed snow.
[Amended 02-04-02 by Ord. 2120]
(3) 
All landscaped portions of the site shall be maintained adequately throughout the year.
C. 
Landscaping for parking and loading areas. Parking and loading areas shall be landscaped in accordance with the following provisions:
(1) 
Parking and loading spaces shall be separated from driveways, access aisles and other travel lanes by planted islands at least six (6) feet in width, except when such travel lanes provide direct access to the space. Such planted islands shall be end islands or perimeter islands, depending on the layout of the parking area.
(2) 
Each bay of parking spaces shall be separated by a landscaped island at least six (6) feet in width. A bay of parking is one (1) or two (2) rows of parking spaces using a common access aisle.
(3) 
Landscaped islands in parking areas shall be planted with trees, shrubs and groundcovers so as to provide shade, reduce glare from headlights and to ameliorate the visual impact of large areas of pavement.
(4) 
There shall be provided at least one (1) shade tree for each five (5) parking spaces, exclusive of spaces within a building or parking deck. The shade trees shall be evenly distributed within the interior and around the perimeter of the parking area so as to provide shade to all parking areas.
(5) 
Landscaping shall be provided around the perimeter of parking, loading and refuse storage areas to screen these areas from streets and adjacent properties. Such landscaping shall not be required to completely prevent the view of the parking or loading area, except when such screening also serves as a buffer area, but it shall be sufficient to minimize the view of parked or moving vehicles, and to mitigate the negative effects from vehicle headlights, parking lot lighting fixtures, and other parking and loading area activities or structures during all times of the year. The depth of such perimeter landscaping shall be at least five (5) feet, measured perpendicular to the parking area, unless a greater width is required by the zoning regulations for buffer areas, provided that the Planning Board or Board of Adjustment, as part of its review of any required site plan application, may accept a lesser depth if the objectives of this subsection are accomplished through the construction of a screening wall, fence or other design that does not require such depth.
[Amended 12-29-03 by Ord. 2152]
D. 
Buffers between incompatible uses. Any development of a nonresidential use which abuts a residential property or zone district, and any development of a multi-family residence which abuts a single-family detached or two-family residential property or zone district shall be required to provide a buffer between such uses in accordance with the following requirements:
(1) 
A buffer may be in the form of landscaping, fences, berms and/or walls as determined by the Board.
(2) 
Any buffer provided between properties shall be sufficient to provide visual separation during all seasons and to minimize the effects of headlights from vehicles, light from structures, noise and the movements of pedestrians and vehicles.
(3) 
When topographical conditions, existing vegetation or other conditions provide a sufficient buffer as determined by the Board, no additional buffer shall be required. If existing vegetation to be preserved does not provide a sufficient buffer, it shall be supplemented with additional plantings.
(4) 
Buffer widths shall be sufficient to accommodate the ultimate growth of any plantings in the buffer, but not less than ten (10) feet, unless a greater dimension is required in particular instances by this chapter.
(5) 
Buffers shall not contain any parking spaces, loading spaces, sidewalks or other paved areas, dumpsters or other improvements that would diminish the depth or effectiveness of the buffer.
E. 
Planting specifications.
(1) 
The size of plant material required by the Board for shade, screening or buffering purposes shall not be less than indicated below at the time of installation:
Function
Minimum
Caliper
Minimum
Height
Street tree or on-site shade
3-3 1/2 in.
12-14 ft.
tree (>50 feet mature height)
Street tree or on-site shade
2 1/2-3 in.
11-13 ft.
tree (<50 feet mature height)
Other on-site deciduous tree
8-10 ft.
(except dwarf varieties)
Evergreen tree (buffer or screen)
5-6 ft.
Shrubs used as a buffer between
5 ft.
incompatible uses
Shrubs used for perimeter screening of parking areas, refuse or other storage areas, etc., except for buffer areas
3 foot
(2) 
All plants shall be nursery grown stock and all trees shall be balled and burlapped at the time of transplanting at the nursery, except when the development is permitted by the Board to relocate existing plants on the same site or from an adjacent site that is part of the development.
[Amended 06-16-03 by Ord. 2143]
(3) 
All trees shall be stabilized with stakes and wires for at least one (1) year after planting so as to prevent undue movement of the tree.
(4) 
The hole in which the plant is to be placed shall be at least one-third (1/3) larger in diameter and depth than the ball of earth containing the plant roots, and shall be backfilled with appropriate amounts of topsoil and organic matter.
A. 
Provision of adequate supply. The developer shall make an adequate supply of water available to each property within the development, with the supply subject to the approval of the Board, Borough Engineer and the Borough Water Department, in accordance with the specifications and standards of the Borough of Somerville.
B. 
Fire protection facilities. Fire protection facilities shall be provided for any development connected to a public water system. Hydrants shall be installed and connected in locations approved by the Borough.
C. 
Easements. Easements for water supply and fire protection facilities may be required if deemed necessary by the Board.
The developer shall provide for the installation of sanitary sewers to service the development in accordance with the standards of the Borough of Somerville. Easements for sanitary sewer lines and other facilities may be required if deemed necessary by the Board. Easements shall be of sufficient width and location so as to allow unrestricted access for servicing equipment and personnel.
A. 
The applicant shall arrange with the serving utility for the underground installation of the utility's distribution supply lines, appurtenant equipment and service connections in accordance with the provisions of the applicable standards, terms and conditions incorporated as a part of its tariff as the same are then on file with the Board of Public Utilities.
[Amended 06-16-03 by Ord. 2143]
B. 
Prior to the grant of final approval, the developer shall submit to the Board a written instrument from each serving utility which shall evidence full compliance with the provisions of this Article; provided, however, that lots which abut existing streets where overhead electric or telephone distribution supply lines have theretofore been installed on any portion of the streets involved may be supplied with overhead service, but the service connections must be underground.
Illumination for streets and properties shall be designed in accordance with the following standards:
A. 
General. Site lighting shall be designed to:
(1) 
Provide adequate illumination in appropriate locations for site users and the general public for purposes of traffic and pedestrian safety, security, property and building identification, and aesthetic improvement.
(2) 
Prevent excessive illumination and glare.
(3) 
Provide proper orientation and shielding of fixtures to prevent undue illumination of adjacent properties.
B. 
Site illumination levels. The following provisions set forth the required maintained horizontal illumination for general parking and pedestrian areas, and for other vehicle use areas:
(1) 
General Parking and Pedestrian Areas.
Level of Activity
Footcandles
(minimum on pavement)
Uniformity Ratio
(average: minimum)
High
0.9
4:1
Medium
0.6
4:1
Low
0.2
4:1
(2) 
Vehicle Use Areas (only).
Footcandles Level of Activity
(Minimum on pavement)
Uniformity Ratio
(Average: Minimum)
High
2.0
3:1
Medium
1.0
3:1
Low
0.5
4:1
(3) 
For purposes of administering this subsection, the following definitions shall apply:
GENERAL PARKING AND PEDESTRIAN AREA
An area where pedestrian conflicts with vehicles are likely to occur.
VEHICULAR USE AREA (ONLY)
An area where conflicts with pedestrians are not likely to occur, such as service areas or access roads.
LEVEL OF ACTIVITY
Reflects both vehicular traffic and pedestrian activity and are illustrated by, but not limited to, the following examples. If the level of activity involves a large number of vehicles at night, the examples given below for low and medium levels of activity belong more properly in the next higher level.
High:
Major cultural or civic events
Fast food facilities
Medium:
Community shopping centers
Cultural, civic or recreational events
Office parks
Transportation parking (commuter lots, etc.)
Residential complex parking
Low:
Neighborhood shopping
Industrial employee parking
Educational facility parking
Church parking
C. 
Height of fixtures. No wall-mounted, freestanding or other lighting fixture shall exceed the height of the principal building on the site or twenty-five (25) feet above normal grade in the vicinity of the light fixture, whichever is less; provided, however, that the height of light fixtures located on the top level of a parking deck shall not exceed the level of the parking area pavement by more than fifteen (15) feet. Normal grade shall be construed to be the newly established grade after construction, exclusive of any filling, berming, mounding, excavating or curbing or retaining wall which alters the grade at the base of the light fixture from the grade in the general vicinity of the fixture.
[Amended 06-16-03 by Ord. 2143]
D. 
Shielding and orientation of fixtures. All lighting fixtures shall be directed downward and shall be equipped with the necessary shielding so as to prevent the direct source of light from being visible from adjacent streets, residential zones and residential buildings. The following shall apply:
(1) 
Freestanding lights in parking areas shall provide for non-glare recessed lens light focused downward.
(2) 
All lights shall be arranged and shielded so as to restrict the maximum apex angle of the cone of illumination to seventy-five (75) degrees in each direction of illumination, measured from a vertical line originating at the illumination source, or to such lesser angle as may be required to shield the lights from the view to any nearby residential properties or the traveling public. Where lights along property lines will be visible to adjacent residents, the lights shall be appropriately shielded and/or the mounting heights shall be reduced.
[Amended 06-16-03 by Ord. 2143]
(3) 
There shall be no direct or sky-reflected glare exceeding zero and five-tenths (0.5) foot candles measured at the property line of the lot occupied by such use, provided that light fixtures used to illuminate the intersection of driveways at the street are exempt from this restriction.
(4) 
Spotlight-type fixtures attached to buildings and visible to the public shall be prohibited.
E. 
Duration of illumination. Duration of operation of all lighting and maximum lumen power permitted shall be as determined by the Board with due regard to whether any limitations imposed will deprive the applicant of a reasonable use of his or her property and whether the application will be detrimental to the public health and general welfare or to the property and personal rights of the abutting owners. Site illumination shall be reduced to the minimum needed for security purposes when the facility is not in operation. Lights, other than for security purposes, that are located along residential property lines shall be time-controlled to be turned off at 11:00 p.m.
[Amended 12-17-01 by Ord. 2118]
F. 
Illumination wiring. All wiring for light fixtures shall be laid underground, and not strung between poles or buildings. String lights shall be prohibited.
G. 
Conflicts with vehicles. Freestanding lights shall be so located and protected as to avoid being easily damaged by vehicles.
A. 
Energy conservation. Site plans and subdivisions shall be designed, to the greatest degree practicable, in accordance with the following provisions:
(1) 
Streets and lots shall be oriented in order to permit buildings to be constructed to maximize solar gain. Where possible, streets shall run in an east-west direction, and the long axis of a lot shall run in a north-south direction.
(2) 
Development shall take advantage of topographic conditions in order to permit buildings to be constructed to maximize solar gain and in order to provide protection from winter winds. Where possible, development shall be oriented to south-facing slopes.
(3) 
Existing vegetation shall be preserved, and new landscaping provided, to enable vegetation to provide protection from winter winds and summer sun. Where practical, evergreen trees shall be placed on the north and west sides of buildings, and deciduous trees placed on the south and east sides of buildings.
B. 
Waste removal and recycling. Every site plan shall show an area reserved for storage and removal of trash, refuse and recyclable materials, which shall comply with the following provisions:
(1) 
Exterior refuse storage and pickup areas shall be accessible to solid waste trucks at all times.
(2) 
Areas for storage of trash or refuse shall be screened by an attractive and appropriate wall, fence and/or planting to obscure same from view of adjacent properties, in conformance with the landscaping design standards of this chapter.
(3) 
New multifamily housing developments shall conform with the model ordinance promulgated by the New Jersey Department of Environmental Protection and Department of Community Affairs pursuant to section 2 of P.L. 1993, c.81 (C.13:1E-99.13a) regarding the inclusion of facilities for the collection or storage of source separated recyclable materials.
(4) 
Refuse dumpsters shall not be permitted in the B-1, B-2, B-3, B-4 or PO-R zone districts unless the applicant demonstrates to the Board that no other method of refuse storage and pickup is feasible or that a dumpster is preferable to other feasible methods, on the basis of aesthetics, odors, fire safety and other factors.
[Added 12-17-01 by Ord. 2118]
All survey monuments shall be designed, constructed and located as required by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.