The provisions and performance standards set forth in this article shall apply to all development within the City as provided in the Schedules of District Regulations and this chapter.
The following provisions and standards shall be addressed and satisfied in connection with development review and approval.
No use governed by state and federal air quality regulations shall emit heat, odor, vibrations, noise or any other pollutant into the air which exceeds the most stringent requirements of the applicable state or federal requirements.
A. 
The length, width and acreage of street blocks shall be sufficient to accommodate the size lot required in the zone district in which it is to be located and to provide for convenient access, circulation control, and traffic study.
B. 
Blocks over 1,000 feet in length within residential areas shall be discouraged, but where they are used, pedestrian crosswalks or bikeways between lots may be required in locations deemed necessary by the Planning Beard. No block within a residential area shall exceed 1,500 feet in length.
C. 
Within commercial and industrial areas, block lengths shall be sufficient to meet area and yard requirements for such uses and to provide proper street access and circulation.
Whenever buffers or screening are required as provided by this chapter or as a condition imposed by the Planning Board or Zoning Board of Adjustment, it shall be installed in accordance with the following standards and requirements:
A. 
Buffer areas shall require site plan review and are required along all lot lines and street lines which separate a nonresidential use from either an existing residential use or residential zoning district. Buffer areas shall be developed in an aesthetic manner for the primary purpose of screening views and reducing noise perception beyond the lot. No structure, use, activity, storage of materials, stormwater management facility or parking of vehicles shall be permitted within a buffer area, except as may be permitted within an individual zoning district. This provision shall not be construed to prevent driveways and walkways between the street and the use within the site or utilities providing service to such use.
[Amended 1-16-2007 by Ord. No. 1-2007]
B. 
The standards for the location and design of buffer areas are intended to provide flexibility in order to provide effective buffers. The location and design of buffers shall consider the use of the portion of the property being screened, the distance between the use and the adjoining property line, differences in elevations, the type of buffer such as dense planting, existing woods, a wall or fence, buffer height, buffer width, and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line, or the more intense the activity is to a property line, or the more intense the use, then the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the edges of the lot.
[Amended 1-16-2007 by Ord. No. 1-2007]
C. 
All buffer areas shall be planted and maintained with either grass or ground cover together with a screen of live shrubs or scattered plantings of live trees, shrubs, or other plant material meeting the following standards:
(1) 
The preservation of all natural wooded tracts shall be an integral part of all site plans and may be calculated as part of the buffer area, provided that the growth is of a density and the area has sufficient width to serve the purpose of a buffer. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, the plantings shall conform to the Subsection A herein;
(2) 
Plant material used in screen planting shall be at least three feet in height when planted and be of such density as will obscure, throughout the full course of the year, the glare of vehicle headlights emitted from the premises;
(3) 
The screen planting shall be so placed that at maturity it will not be closer than three feet from any street or property line;
(4) 
Trees shall be at least eight feet in height and 14 inches in caliper when planted, free of disease and insect pests, and approved stock as required by the City Shade Tree Commission;
(5) 
Any plant material which does not live shall be replaced within one year or one growing season; and
(6) 
Screen plantings and landscaping shall be broken at points of vehicle and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections.
D. 
Constructed screening shall consist of a masonry wall or barrier or a uniformly painted fence of one material highly resistant to weather conditions or decay and at least six feet in height, no more than eight feet above finished grade at the point of construction. Such wall, barrier or fence may be opaque or perforated, provided that not more than 50% of its area is open.
E. 
Required minimum buffer widths. The minimum buffer widths shall be determined through the application of the existing and proposed land uses as indicated in the Required Minimum Buffer Widths Table.[1] Buffers shall not be required for uses in the B-3 District; however, walls or fences may be required in accordance with Subsection D at the discretion of the Board of Jurisdiction to meet the purposes of this section.
[Added 1-16-2007 by Ord. No. 1-2007]
[1]
Editor's Note: Said table is included at the end of this chapter.
F. 
Relationship of buffers to pervious coverage and open space. Buffers shall be considered pervious coverage in the determination of lot coverage. Buffers shall count towards any required open space percentage, provided they otherwise meet the dimensional standards for such open space.
[Added 1-16-2007 by Ord. No. 1-2007]
G. 
Reverse frontage buffer for residential uses. Reverse frontage screening shall be required where residential units or lots back onto any arterial or major collector street, as indicated on the Circulation Plan of the City. The following landscape treatments shall be provided in order to screen private residential spaces from the roadway.
[Added 1-16-2007 by Ord. No. 1-2007]
(1) 
A landscape buffer of 25 feet in width shall be provided. Such landscaped buffer width shall be in addition to the required rear yard depth.
(2) 
The preservation of existing trees in excess of eight inches is encouraged. Where existing understory screening does not block at least 60% of the view from the street, supplemental shade-tolerant plantings of shrubs, evergreen and ornamental trees shall be installed to complete screening of residences. Sidewalks shall be designed to avoid mature plantings even if a public access easement outside of the right-of-way is necessary.
A. 
Concrete structures shall conform to the American Society for Testing Materials, cement designations C-150, Type 1 for standard portland cement; C-150, Type 3 for high early strength portland cement; and C-175, Type 1-A for air-entraining portland cement. Vinsol resin or Darex A.E.A. shall be used as the air-entraining agent, and both fine and coarse aggregate shall conform to the requirements therefor of the New Jersey Department of Transportation Standard Specifications, as amended and supplemented.
B. 
The following standards shall be met unless modified by the City Engineer:
(1) 
Unless otherwise specified, all concrete shall be air entrained, having 4% to 7% entrained air.
(2) 
Concrete shall be Class A, B, C or D (see Chart 1).
(3) 
Required reinforcing steel shall be intermediate grade deformed bars conforming to American Society for Testing Materials, designation A-15 and A-305, as amended and supplemented.
(4) 
Required joint filler shall be a cellular compression material conforming to the requirements therefor of the New Jersey Department of Transportation Standard Specifications, as amended and supplemented.
(5) 
In the construction of required concrete structures, the City Engineer will determine the slump range within which the contractor may work. Transit mix concrete may be used if obtained from sources approved by the City Engineer. On-site mixing and proportioning equipment will also be subject to the approval of the City Engineer.
(6) 
Forms shall conform to lines, dimensions and grades shown on plans and may only be omitted when soil conditions and workmanship permit accurate excavation to specifications. Forms shall be firmly braced, tight and capable of resisting movement, bulging or mortar leakage. Forms shall be smooth and clear and shall be completely removed.
(7) 
Soil base for concrete work shall be properly finished to prescribed lines, grades and dimensions and shall be approved by the City Engineer or his representative before concrete is placed. All areas to receive concrete shall be free of frost, foreign matter and excessive water, except that soil surface and forms shall be uniformly damp when concrete is placed. All concrete shall be handled and placed so as to avoid segregation. Concrete that has begun to set or has been contaminated with foreign materials or that has too much water shall not be used. Pouring shall be done in a continuous process until an individual section is completed. All concrete shall be thoroughly compacted with vibrator or suitable equipment. Finished concrete shall have a wood-float finish unless specified by the City Engineer and shall be kept continuously moist for a period of three days. Curing shall be accomplished at the discretion of the City Engineer. Expansion joints shall be provided as prescribed and shall extend the full thickness of the concrete. Concrete shall not be poured when the temperature is below 40º F. or during periods of precipitation unless precautions acceptable to the City Engineer have been taken to prevent damage to the work. Precautions to avoid freezing of the concrete shall be in accordance with the current recommendations of the American Concrete Institute.
A. 
The standard monolithic concrete curb and gutter will be required along the pavement edge of streets in conformance with the improvement standards as defined and shown in Diagrams 1 through 3, Typical Roadway Sections and Details, and Diagram 4, Standard Details — Curb and Gutter, which are hereby made a part of this chapter. At the discretion of the Planning Board upon advice of the City Engineer, roll-type curb may be permitted along local street in conformance with the improvement standards defined and shown in the aforementioned Diagrams 1 through 3, Typical Roadway Sections and Details, and Diagram 4, Standard Detail — Curb and Gutter, which are a part of this chapter. Concrete shall be Class B.[1]
CHART 1
Class
Cement
Sand
Concrete Standards Coarse Aggregate
Void Contract
A
1
1.50
3.0
1.35
B
1
1.75
3.5
1.55
C
1
2.00
4.0
1.80
D
1
2.25
4.5
2.00
[1]
Editor's Note: These diagrams are on file in the office of the City Clerk.
B. 
Expansion joints shall be provided at intervals of 20 feet or when new construction abuts existing construction. The expansion joints shall be filled with one-half-inch thick cellular material conforming to the requirements therefor contained in the Standard Specifications of the New Jersey Department of Transportation, as amended to date, to within 1/2 inch of the top and face of the curb and to within 1/4 inch of the top of the gutter. All joints shall extend the full depth of the structure.
C. 
Finished curbs and gutters shall be true to applicable grades, lines, dimensions, and curvatures. Exposed edges shall be neatly rounded to a one-half-inch radius. Completed work shall be protected from traffic and the elements and shall be kept moist for at least three days. Damaged, broken or cracked work shall be renewed by the contractor at his expense.
Any site plan that provides temporary stopping space for vehicles of customers or patrons seeking service at a roadside business establishment, such as a roadway grocery or farm market produce stand, gasoline service station, drive-in bank, fast food take-out window, or similar uses, shall ensure that the stopping or maneuvering space is at least 10 feet removed from the right-of-way line of the road.
The proposed name of any development shall not duplicate, or too closely approximate, the name of any other development or locality in or in close proximity to the City. The Planning Board shall have final authority to designate the name of the development which shall be determined at the preliminary stage of development review.
A. 
Whenever and wherever feasible, buildings shall be sited so as to make maximum use of sunlight or winds in connection with energy generation and/or conservation. All buildings and structures hereinafter erected or constructed, altered or added onto shall use renewable energy sources, with the limits of practicability and feasibility dependent on the proposed use of the structure and its location. Where an applicant can demonstrate that literal enforcement of the provisions of this chapter will prevent or substantially impair or reduce energy conservation methods or technologies, the approval authority may waive or adjust the standards, including, through variance procedures as set forth in § 30-94, maximum and minimum yard dimensions as shown on the Schedules of District Regulations. In so doing, the approval authority shall determine that the intent and purpose of this chapter and the adopted Master Plan are met, and that adjoining properties and/or their environment will not be adversely affected by the waiver, adjustment or variance.
B. 
In the case of new developments, the majority of all structures in the development shall have their long axis located within 30º of true South.
C. 
Wherever plantings are proposed or required as provided under the provisions of this chapter, no plantings of trees, shrubs or any object shall be permitted which will result in shading or interfering with solar access to the south wall of any proposed or existing building. When reviewing proposed landscaping for any proposed development, the approving authority shall not require or permit, where reasonably able to do so, any planting or the placement of an object or structure which will substantially interfere with solar access to adjacent buildings or existing solar devices or structures.
In order to provide fire protection to new developments the following standards shall apply:
A. 
All dead-end roads will terminate in an area adequate to provide ingress and egress for fire-fighting equipment.
B. 
The rights-of-way of all roads will be maintained so that they provide an effective fire break.
C. 
All proposed developments of 25 units or more will have two accessways to public rights-of-way and the accessways shall be of such width and surface composition sufficient to accommodate and support fire-fighting equipment.
D. 
Wherever a central water supply system will serve a development, provision shall be made for fire hydrants along the streets, driveways and/or on the walls of nonresidential structures as approved by the City Fire Department or other appropriate fire official, the City Engineer and in accordance with fire insurance rating organization standards.
A. 
Every principal building shall be built upon a lot having frontage on a public street, either improved to City specifications and standards, or for which the improvements have been ensured by the posting of a performance guaranty as provided in this chapter.
B. 
Where a building or lot has frontage upon a street which is shown on an adopted Master Plan or Official Map of the City and which street is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line(s).
All uses and/or structures intended for use by the public or to which public access will be permitted shall comply with all state and federal regulations concerning access by and provisions for facilities for the handicapped including provisions of sufficient handicapped parking areas in close proximity to the use(s) they are intended to serve.
A homeowners' association may, or in some cases, be required to be established for the purpose of owning and assuming maintenance responsibilities for the common open space and common lands or property designed within a development, provided that the Planning Board is satisfied that the organization will have a sufficient number of members to reasonably expect a perpetuation of the organization in a manner enabling it to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development. If established, the organization shall incorporate the following provisions:
A. 
Membership by all property owners, condominium owners, stockholders under a cooperative development and other owners of property or interests in the project shall be mandatory. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a convenant with each agreeing to liability for his/her pro rata share of the organization's costs.
B. 
The organization shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the organization, and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space or property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the municipality or municipalities wherein the land is located.
C. 
The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.
D. 
The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and Articles of Incorporation of the organization and the fact that every tenant and property owner shall have the right to use all common properties. These shall be set forth as a condition of approval and shall be submitted prior to the granting of final approval by the Planning Board.
E. 
The Articles of Incorporation, covenants, bylaws, model deeds, and other legal instruments shall ensure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that in the event such organization shall fail to maintain the common open space or common property or lands in reasonable order and condition, the City may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the common open space or common property or lands in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be cured within 15 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the designated municipal body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days within which they shall be cured.
F. 
If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within 15 days, or any permitted extension thereof, the City, in order to preserve the common open space and common property or land and maintain the same for a period of one year, may enter upon and maintain such land. The entry and maintenance shall not vest in the public any rights to use the common open space and common property and land, except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the year, the City shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property of land, call a public hearing upon 15 days written notice to such organization and to the owners of the development, to be held by the City at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the City, continue for a succeeding year.
G. 
If the municipality shall determine that such organization is ready and able to maintain the open space and property or land in reasonable condition, the municipality shall cease to maintain the open space and property or lands at the end of the year. If the City shall determine such organization is not ready and able to maintain the open space and property or land in reasonable condition, the City may, in its discretion, continue to maintain the open space and property or land during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the City in any such case shall constitute a final administrative decision subject to judicial review.
H. 
The cost of such maintenance by the City shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and property of land in accordance with assessed values at the time of imposition of the lien, and shall be a lien and tax on the properties and be added to and be part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
A. 
All shade trees shall have a minimum diameter of 2 1/2 inches measured three feet above the ground and shall be of a species approved by the approval authority or City Shade Tree Commission. Trees shall be planted 40 feet to 60 feet apart and parallel to but not more than 20 feet from the curbline and shall be balled and burlapped, nursery grown, free from insects and disease and true to species and variety. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area to conform with adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season.
B. 
Off-street parking areas located in commercial or industrial zones which comprise parking for 25 or more vehicles shall be provided with living shade trees of a type or types as approved by the City Shade Tree Commission or Planning Board. The shade trees shall be located in a carefully planned manner within the parking lot area and in quantity equal to not less than one shade tree for every eight parking spaces, and they shall be so spaced and planted as to ensure their proper maintenance and full protection for health and continued growth.
C. 
At least 20% of the land area within the perimeter of the parking surface in commercial or industrial zones where 100 or more parking spaces are provided shall be developed as a landscaped divider strip. All such areas shall be planted with grass, shrubs, bushes and shade trees in order to alleviate an otherwise barren expanse of open area and unsightly appearance and as an aid to stormwater disposal. Adequate provisions shall be made to ensure that such landscaping shall be maintained in good condition.
D. 
Where parking islands or dividers are to be planted, they shall be a minimum of 7 1/2 feet wide when planted between rows of parking spaces. Where parking islands at the ends of parking bays are to be planted and landscaped, said islands shall be a minimum of 15 feet wide, and such planting shall be maintained at all times so that proper sight distances are maintained for the safe movement of traffic. All such parking islands shall be protected from intrusion and injury which could result from the movement of vehicles by the use of curbs or other equally effective means as approved by the City Engineer.
E. 
Planting strips shall be provided between adjoining parking lots in commercial zones to achieve safety and better control of vehicular movement from one parking lot to another. In such instances, no parking shall be allowed within five feet of the property line, on either side, thereby providing a total strip or island 10 feet wide sufficient for landscaping and/or screening, consistent with all applicable safety standards as approved by the City Engineer as set forth in this chapter.
F. 
Open space adjacent to buildings not surfaced, such as walkways, driveways, parking areas, utility areas or other required improvements in any apartment or multifamily dwelling project, shall be graded and seeded to provide a thick strand of grass or other ground cover material. Two suitable specimen trees and four evergreen shrubs, exclusive of those used in connection with parking or other open areas, shall be provided and properly planted for each building. All such landscaping shall be subject to the approval of any City Shade Tree Commission or, in the absence of a Commission, the Planning Board.
G. 
In connection with the demolition or removal of a structure from a site, any hole or excavation remaining or resulting from such demolition or removal shall be filled only with clean fill dirt. The dumping of masonry, concrete, wood, debris or rock shall be prohibited. The site of such demolition or removal shall have a layer of topsoil provided for the entire site in sufficient depth and quality to permit the planting, healthy growth and maintenance of a thick strand of grass which shall be planted by the person or firm responsible for the said demolition or removal. The City Engineer shall determine the suitability of the topsoil and seeding to be provided.
H. 
Where deemed appropriate and necessary to maintain the character of the street or neighborhood, the planting of shade trees shall be required. Such trees shall be approved by the City Shade Tree Commission or the Planning Board.
In accordance with good design practice, extreme deviations from rectangular lots shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions acceptable to the approving authority. All lots shall conform to the following requirements:
A. 
Lot dimensions and area shall not be less than the requirements of the minimum and maximum standards set forth on the Schedules of District Regulations which are a part of this chapter.
B. 
Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.
C. 
Each lot must front upon an approved, paved street.
D. 
Through lots with frontage on two streets will be permitted only under the following conditions:
(1) 
Where the length of the lots between both streets is such that future division of the lot into two lots is improbable; and
(2) 
Access shall be to the street with the lower traffic function, and the portion of the lot abutting the other street shall be clearly labeled on the plat, and in any deed, that street access is prohibited.
E. 
Where extra width has either been dedicated or anticipated for widening of existing streets, zoning consideration shall begin at such new street line, and all setbacks shall be measured from such line.
F. 
Whenever land has been dedicated or conveyed to the City by the owner of a lot in order to meet the minimum street width requirement or to implement the Official Map or Master Plan, which lot existed at the effective date of this chapter, the Construction Official shall not withhold a building and/or occupancy permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.
Whenever manholes, inlets or catch basins are proposed and/or required to be constructed, all materials used in said construction shall meet the latest testing standards for the materials involved and shall be subject to the approval of the City Engineer. All such structures shall be designed and constructed in accordance with the approval of the City Engineer.
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12 of the Map Filing Law, as amended, and shall be placed in accordance with said statute and indicated on the final plat. All lot corners shall be marked with a metal alloy pin of permanent character.
In connection with the clearing of any site for a proposed development or in the construction of any proposed development, natural features of the site, such as trees (particularly those trees with a diameter of eight inches at breast height), brooks, streams, wetlands, hilltops and scenic vista or views, shall be preserved whenever possible. On individual lots, care shall be taken to preserve individual trees, to enhance soil stability and landscape treatment of the area.
As a condition of preliminary approval and prior to any construction or the filing of an application for final approval of a subdivision or a site plan, the applicant shall have made case payments, or, with the consent of the City, installed, in the manner provided below with respect to the immediate and ultimate installation of any required off-site and/or off-tract improvements.
A. 
Allocations of costs, criteria in determining allocation. The allocation of costs for off-site and/or off-tract improvements as between the applicant, other property owners and the City, or any one or more of the foregoing, shall be determined by the Planning Board, with the assistance of the appropriate City agencies, on the basis of the total cost of the off-site or off-tract improvements, the increase in market value of the property affected and any other benefits conferred. The needs created by the application, population and land use projections for the general area of the applicant's property and other areas to be served by the off-site or off-tract improvement, the estimated time of construction of the off-site or off-tract improvements and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22. Requirements for off-site or off-tract improvements shall be consistent with Section 30 of P.L. 1975, Chapter 291. In addition, the following criteria may also be considered, as well as any other reasonable criteria the Planning Board feels is necessary to protect the health, safety and general welfare of the City.
(1) 
Street, curb, sidewalk, shade trees, streetlights, street signs and traffic light improvements may also be based upon the anticipated increase of traffic generated by the application. In determining such traffic increase, the Planning Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the application and the anticipated benefit thereto.
(2) 
Drainage facilities may also be based upon or be determined by the drainage created by or affected by a particular land use, considering:
(a) 
The percentage relationship between the acreage of the application and the acreage of the total drainage basin;
(b) 
The use of a particular site and the amount of area to be covered by impervious surfaces on the site itself;
(c) 
The use, condition or status of the remaining area in the drainage basin.
(3) 
Water supply and distribution facilities may be also based upon the added facilities required by the total anticipated water use requirements of the property of the applicant and other properties in the general area benefiting therefrom.
(4) 
Sewerage facilities may be based upon the proportion that the total anticipated volume of sewage effluent of the applicant's property and other properties connected to the new facility bears to the existing capacity of existing sewerage facilities, including but not limited to, lines and other appurtenances leading to and servicing the applicant's property. Consideration may also be given to the types of effluent and particular problems requiring special equipment or added costs for treatment. In the event the applicant's property shall be permitted to be connected to existing sewer facilities, the applicant shall pay a charge or be assessed in accordance with the law.
B. 
Determination of cost of improvements. The cost of installation of the required off-site and/or off-tract improvements shall be determined by the Planning Board with the advice of the Planning Board and/or City Engineer and appropriate City agencies.
C. 
Manner of construction. When those estimates are received, the City Commission shall then decide whether the off-tract improvement(s) is to be constructed:
(1) 
By the City as a general improvement, or
(2) 
By the City as a local improvement, or
(3) 
By the applicant under a formula providing for partial reimbursements by the City for benefits to properties other than the subdivision or site plan subject property.
D. 
Amount of contribution. When the manner of construction has been determined, the applicant may be required to provide a cash deposit to the City of one of the following amounts:
(1) 
If the improvement is to be constructed by the City as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount, if less, by which all properties to be serviced thereby, including the subject property, will be specifically benefited by the off-tract improvement;
(2) 
If the improvement is to be constructed by the City as a local improvement, then in addition to the amount referred to in Subsection D(1) above, the estimated amount by which the subject property will be specifically benefited by the off-tract improvement; or
(3) 
If the improvement is to be constructed by the applicant, an amount equal to the estimated cost of the off-tract improvement, less an offset for benefits to properties other than the subject property.
E. 
Payment of allocated cost.
(1) 
The estimated costs of the off-tract improvement allocated to the applicant if deposited in case shall be paid by the applicant to the City Treasurer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited or improvements serving the same purpose, unless such improvements are not initiated by the City within a period of 10 years from the date of payment, after which time the funds so deposited shall be returned together with accumulated interest or other income thereof, if any.
(2) 
In the event the payment by the applicant to the City Treasurer provided for herein is less than its share of the actual cost of the off-tract improvements then it shall be required to pay its appropriate share of the cost thereof.
(3) 
In the event the payment by the applicant to the City Treasurer provided for above is more than its appropriate share of the actual cost of installation of the off-tract improvements, it or its successors or assigns shall be repaid an amount equal to the difference between the deposit and its share of the actual cost.
(4) 
If the applicant shall deem that any of the amounts so estimated by the Planning Board are unreasonable, it may challenge them and seek to have them revised in appropriate proceedings brought to compel subdivision or site plan approval.
(5) 
If the applicant and the Planning Board cannot agree with respect to the applicant's appropriate share of the actual cost of the off-site improvement, or the determination made by the officer or Board charged with the duty of making assessments as to specific benefits, if the off-tract improvement is to be constructed as a local improvement, no approval shall be granted; provided, however, that the applicant may challenge such determination and seek to have it revised in appropriate judicial proceedings in order to compel subdivision or site plan approval.
F. 
Assessment of properties. Upon receipt from the applicant of its allocated share of the costs of the off-tract improvements, the City may adopt a local improvements assessment ordinance for the purpose of construction and installation of the off-tract improvements based upon the actual cost thereof. Any portion of the cost of the improvements not defrayed by a deposit by the applicant may be assessed against benefiting property owners by the City. Any assessment for benefits conferred made against the applicant or his successors in interest shall be first offset by a pro rata share credit of the allocated costs previously deposited with the City Treasurer pertaining thereto. The applicant or his successors in interest shall not be liable for any part of an assessment for such improvements unless the assessment exceeds the pro rata share credit for the deposit, and then only to the extent of the deficiency.
G. 
Credit for work performed. In the event the applicant, with the City's consent, decides to install and construct the off-tract improvement, or any portion thereof, the certified cost shall be treated as a credit against any future assessment for that particular off-tract improvement, or portion thereof, constructed by the City in the same manner as if the developer had deposited its apportioned cost with the City Treasurer, as provided herein.
H. 
Installation of improvement by applicant.
(1) 
At the discretion and option of the City and with the consent of the applicant, the City may enter into a contract with the applicant, providing for the installation and construction of off-tract improvements by the applicant upon contribution by the City of the remaining unallocated portion of the cost of the off-tract improvement.
(2) 
In the event the City so elects to contribute to the cost and expense of installation of the off-site improvements by the applicant, the portion contributed by the City shall be subject to the possible certification and assessment as a local improvement against benefiting property owners in the manner provided by law, if applicable.
I. 
Compliance to design criteria. Should the applicant and the City enter into a contract for the construction and erection of the off-tract improvements to be done by the applicant, it shall observe all requirements and principals or policies of this chapter in the design of such improvements.
The following standards shall apply to all off-street loading and parking facilities required as per §§ 30-136 and 30-137 of this chapter:
A. 
There shall be appropriate means of access to a street or alley, as well as sufficient area to permit on-site maneuvering and docking.
B. 
The minimum dimensions of stalls and aisles in parking facilities shall be as follows:
(1) 
Parking space width shall be at least nine feet.
(2) 
Parking space depth shall be at least 18 feet, with the dimensions measured on the angle for all angle parking.
(3) 
Minimum width of aisles providing access to parking spaces for one-way traffic only, varying with the angle of the parking, shall be:
Angle of Parking
(degrees)
Minimum Aisle
Width (feet)
Parallel
12
30
12
45
14
60
18
90
24
(4) 
Minimum width of aisles providing access to stalls for two-way traffic shall be 25 feet.
(5) 
Up to 25% of the required parking spaces may be designated for use by compact vehicles with minimum dimensions of eight feet in width and 16 feet in length. Compact parking spaces must be identified with proper signage.
[Added 8-3-2010 by Ord. No. 14-2010]
C. 
Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other vehicle.
D. 
The width of entrance and exit drives shall be:
(1) 
A minimum of 12 feet for one-way use only.
(2) 
A minimum of 20 feet for two-way use.
(3) 
A maximum of 35 feet at the street line and 54 feet at the curbline.
E. 
The maximum width of driveways and sidewalk openings measured at the street lot line shall be 35 feet, and the minimum width shall be 20 feet for loading facilities.
F. 
Parking and loading areas shall be paved with asphalt, bituminous or concrete material to minimize nuisance from dust. Pervious pavement also shall be permitted as long as it complies with the following:
[Amended 8-3-2010 by Ord. No. 14-2010]
(1) 
Pervious pavement shall be located only on soils having a rapid permeability.
(2) 
Pervious pavement shall not be located in soils with a high water table or depth to bedrock of less than 10 feet.
(3) 
Pervious pavement shall not be located on any slope exceeding 10% over 20 feet.
G. 
For the purpose of servicing any property held under single and separate ownership, entrance and exit drives crossing the street line shall be limited to two along the frontage of any single street, and their center lines shall be spaced at least 80 feet apart in the case of loading facilities and 30 feet apart for parking areas. On all corner properties, there shall be spaced a minimum of 60 feet, measured at the curbline, between the center line of any entrance or exit drive and the street line of the street parallel to said access drive.
H. 
All loading spaces and access drives shall be at least five feet from any side or rear lot line.
I. 
All artificial lighting used to illuminate any loading space or spaces shall be so arranged that no direct rays from such lighting shall fall upon any neighboring property.
J. 
The arrangement of the off-street loading spaces shall be such that no vehicle would have occasion to back out onto the street.
K. 
Off-street loading spaces shall be designed and used in a manner as to at no time constitute a nuisance or a hazard or unreasonable impediment to traffic.
L. 
The screening requirements of § 30-155 shall be applicable to all loading areas, including access and maneuvering areas, abutting residential or commercial districts, and in the case of off-street parking areas of greater than 10 spaces, from all lots in an abutting R Residential District, including side lots situated across a street.
M. 
Parking and loading areas shall be properly graded and drained in order to dispose of all surface water and shall be maintained free of weeds, dust, trash and debris.
[Added 8-3-2010 by Ord. No. 14-2010]
N. 
Wheel guards, bumper guards or continuous curbing shall be utilized so that no part of parked vehicles will extend beyond the property line of the parking area. One wheel stop shall be placed at the end of each parking space.
[Added 8-3-2010 by Ord. No. 14-2010]
A. 
In reviewing site plans for freestanding buildings and structures and depending on individual site characteristics, consideration shall be given by the approving authority in its review thereof, to positioning that provides a desirable visual composition, avoids blocking natural scenic vistas or views, provides a desirable space enclosure, does not unnecessarily alter existing topography and natural features and otherwise respects established natural conditions and the character of surrounding buildings and structures, in particular those structures of historic significance as determined by a local, county, state or federal listing of such significance.
B. 
The approving authority shall also give consideration to the positioning of buildings and structures on the site with respect to energy conservation and the avoidance of prevailing winter winds and the maximizing of solar access and gain, both for the proposed structure(s) and any existing ones on adjoining properties.
All on-site streets shall be paved in conformance with the improvement standards as defined in Diagrams 1 through 3, Typical Roadway Sections and Details,[1] which are a part of this chapter, and the standards set forth herein:
A. 
Gravel base course shall be constructed in accordance with the provisions of Article 3.1 of the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation as currently amended. Gravel base course materials shall be soil aggregate, Type 2, Class B.
B. 
Bituminous-stabilized base course materials shall conform to requirements specified in Article 3.2A of the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as currently amended, for bituminous-stabilized base course stone mix. Before construction of the bituminous-stabilized base course, the gravel base course shall be in a properly finished condition conforming to the proper line and grade and free of soft spots or other deficiencies. Within 24 hours prior to the commencement of paving, the gravel base course shall be tested by running a roller of a weight as great or greater than that to be used in the paving operation over the entire pavement area. When, in the opinion of the City Engineer or his representative, such testing results in excess deformation, the developer will be required to stabilize the gravel base course in a manner satisfactory to the City Engineer.
C. 
The method of construction of the bituminous-stabilized base course shall conform to the same State of New Jersey specifications referred to above for base course material. Upon completion, uniformly selected core samples intact for full thickness of base course shall be provided, at the rate of one sample for every 1,000 square yards of base course, at the expense of the developer.
D. 
Where deficiencies in required thickness are noted, at least two additional cores will be required to determine the extent of the deficiency.
E. 
The average thickness of the bituminous-stabilized base course as determined from the core samples shall be not less than the thickness specified in Diagrams 1 through 3, Typical Roadway Sections and Details, which are a part of this chapter. When the thickness of the pavement as indicated by any core sample shall show a deficiency of 1/4 inch or more from the required thickness, the City Engineer, at his option, may direct the developer to:
(1) 
Remove and replace the bituminous-stabilized base course to the correct thickness; or
(2) 
Construct an overlay of bituminous concrete suitable to the Engineer to correct the thickness deficiencies.
F. 
Materials for the surface course, as shown on Diagrams 1 through 3, Typical Roadway Sections and Details, which are part of this chapter, shall be FABC-1, No. 5, as specified in Article 3.10 of the aforementioned New Jersey Department of Transportation Standard Specifications, which shall be placed over a properly installed and, where needed, repaired base course, a track coat as specified in Section 3.10 of the aforementioned New Jersey Department of Transportation's Standard Specifications shall be applied.
[1]
Editor's Note: The diagrams are on file in the office of the City Clerk.
In reviewing site plans, consideration shall be given to building materials, use of color and/or texture, massing, fenestration and advertising features as they relate to site conditions and harmonize with similar elements in surrounding buildings and structures.
A. 
Sanitary sewer facilities shall be provided and installed in accordance with the specifications as set forth in this section and as required by the City Engineer. Sanitary sewer facilities shall be designed and installed for either immediate or future connection with a public or on-site community sanitary sewer system approved by the New Jersey Department of Environmental Protection and the City Commission of the City of Millville. In areas where a public sanitary sewer system does not exist or is not expected to be provided within a reasonable period of time in the opinion of the Planning Board, the Board may waive the requirement that sanitary sewer facilities be installed and connected to public sewer systems.
B. 
In those cases where a public sanitary sewer system is not presently available and the site of the proposed development is unsuitable for individual on-site septic systems as determined by the New Jersey Department of Environmental Protection or other county or local agency, an on-site community sanitary sewer system approved by the New Jersey Department of Environmental Protection and the City Commission shall be installed. On-site septic systems shall be provided in addition to the required installation of sanitary sewer systems (collection lines and other related facilities) for those areas expected to be provided with public sanitary sewers within a reasonable period of time. All individual on-site septic systems shall be installed within the front yard of the lots or in any area approved by the Construction Official in order to facilitate the eventual connection of the system to public facilities.
C. 
The approval authority may also as a condition of preliminary approval require the installation of sanitary sewer facilities necessary to permit connection to a public sanitary sewer system as provided for in connection with § 30-170.
D. 
All sanitary sewer systems shall comply with the rules and regulations established by the Department of Health, State of New Jersey, as amended. Sanitary sewer pipe shall be sized for full flow from the tract. The City may require larger pipe sizes to accommodate future extensions. Minimum grades for sanitary sewer lines shall be 4/10 of 1% for asbestos-cement pipe and 5/10 of 1% for vitrified clay pipe.
E. 
Cast-iron pipe, when used for sanitary sewers, shall be centrifugally cast and shall be provided with mechanical joints, with both pipe and joints conforming to applicable American Standards Association specifications. Cast-iron pipe shall be thickness Class 22 for pipe diameters of 12 inches or less and thickness Class 21 for pipe diameters of 14 inches or more. All cast-iron fittings, including Y-branches, shall conform to the requirements of the current American Waterworks Association's specifications therefor and shall be provided with joints suitable for use with adjoining pipe. Cast-iron fittings shall be Class D for fitting diameters of 12 inches or less and Class B for diameters of 14 inches or more. Cast-iron saddles shall be subject to the approval of the City Engineer.
F. 
Asbestos-cement pipe and fittings shall conform to applicable requirements of the American Society for Testing Materials specifications, as amended. Except where required for special conditions, asbestos-cement type pipe fittings shall be nonpressure Class 1500 for pipe diameters of 12 inches or less and Class 2400 for pipe diameters of 14 inches or more. All asbestos-cement pipe and fittings shall be furnished with sleeve-and-gasket-type couplings designed for use with the size and class of pipe specified.
G. 
Vitrified clay pipe and fittings shall conform to the applicable requirements of the American Society for Testing and Materials specifications, as amended. Except where required for special conditions, such as excessive depth, vitrified clay pipe fittings shall be standard strength. All vitrified clay pipe and fittings shall have factory-fabricated gasket-type couplings which conform to the American Society for Testing and Materials specifications therefor.
H. 
Excavation and backfill shall conform to the requirements set forth for subsurface structure excavations. Applicable requirements for protecting excavations from cave-ins and water accumulations set forth under § 30-179, Stormwater management, shall apply. Pipes shall be laid in straight lines between manholes except where otherwise specifically provided by the City Engineer. When deviation from a straight line is permitted, the deflection of each joint shall not exceed the manufacturer's recommended maximum for the type, joint and size of pipe being installed. All pipes shall be laid to uniform grades between manholes. Each section of pipe shall be solidly bedded in the trench bottom and shall be supported for its full length except where excavation has been made for joints. Before making each joint, the ends of the pipes and all joint members shall be thoroughly cleaned. All jointing shall be done in strict accordance with the manufacturer's recommendations and the directions of the City Engineer. All visible leakage of any description and no matter where located shall be corrected by the contractor in a manner satisfactory to the City Engineer, whether or not the total leakage into the sewer is within the allowable maximum as determined by infiltration tests. Such infiltration tests shall be made when and as directed by the City Engineer, and no connections to flowing lines shall be made until the testing is complete and satisfactory results have been obtained. The contractor shall furnish all labor, material and equipment necessary for the infiltration tests. No section of sanitary sewer between adjacent manholes will be considered satisfactory or acceptable when the rate of infiltration exceeds 1/2 of the above-specified rate. Leakage in excess of the above shall be located and corrected by the contractor. Y-branch and service laterals which are not to be immediately connected to flowing lines shall be securely plugged so as to provide a permanently watertight seal, and the contractor shall accurately record the station and direction of each such stub. These shall also be located on the contractor's copy of the plans and permanently marked with a crosscut on the curb or a hub stake driven at the curbline.
In each land development requiring project approval, the area between the edge of the existing pavement and the proposed or existing curbing along the entire property frontage of the road shall be paved in accordance with the standards and specifications set forth in this chapter and by the City Engineer.
All multifamily, commercial, industrial, recreational and public uses shall provide for centralized collection of solid wastes. Such solid waste disposal areas and facilities shall be sufficient in size to handle anticipated waste generation of the site and use, and be at convenient locations, screened from view. All such areas and facilities, including provisions for source separation and resource recovery, shall conform to any adopted solid waste disposal plan or ordinance applicable to the area involved.
Streetlighting standards and fixtures of a type and number approved by the Planning Board and City Engineer shall be installed at street intersections and elsewhere as deemed necessary by the approving authority to provide light for public safety and welfare along public streets. The developer shall provide for the installation of connection of streetlighting standards and fixtures wherever underground utility service is provided.
A. 
Surface drainage systems adequately designed to accommodate all surface runoff coming to or accumulating on the tract shall be constructed. The determination of pipe sizes and box culverts shall be based on hydraulic computations using the rational method in which the actual watershed area tributary to the structure is measured and a minimum runoff coefficient is used which is based on Table 1 shown below. In cases where dense residential and business development is anticipated by the Planning Board, this coefficient should be increased as conditions require, to be determined by the City Engineer.
TABLE 1
Runoff Coefficients for Drainage Design
Classification
Runoff Factor C
Parklands, golf courses, etc.
0.15 to 0.30
Open residential
0.30 to 0.50
Dense residential and business
0.50 to 0.70
Commercial and industrial
0.70 to 0.90
B. 
In general, it will be the objective of these standards to encourage the retention and disposal of all surface runoff on-site to the greatest extent practical given existing site conditions and the ability of downstream facilities to handle additional runoff to be generated by the site.
C. 
In general, where pipe sizes would be four feet in diameter or larger, open channels will be permitted. Such channels shall be properly cleared and graded, with side slopes not to exceed three feet horizontally to one foot vertically. Maximum design velocities for channels in feet per second shall not exceed three for fine sand to firm loam, five for stiff clay to hardpan and 15 for concrete-lined ditch. Velocity shall be controlled by the use of check dams or ditch banks, which shall be protected by the use of sod, riprap or paving, as design velocity dictates.
D. 
No storm drainage pipes of less than 12 inches in diameter or, if the run exceeds 50 feet, of less than 15 inches in diameter, shall be installed. Inlets shall be spaced so that the run of water in gutters does not exceed 1,000 feet or one block, whichever is less. Manholes or inlets shall be located where a change in grade or alignment or a storm drain occurs, but in any case not more than 500 feet apart. Where pipe sizes are increased, the invert of the larger pipe shall be dropped so the tops of the pipes will be at the same elevation. Outlet pipes shall extend to the edge of existing streams and must be provided with concrete headwalls or suitable end sections. Underdrains with minimum pipe size of six inches must be constructed where groundwater interferes with the stability of the road base or with development construction.
E. 
Where pipe drains a low point from which there can be no surface runoff without flooding curbs and sidewalk areas, the design shall be based on the municipal standard rainfall curves shown in Figure 1 and shall be based on a ten-year storm. In other cases, the pipe size may be based on a two-year storm. Box culverts shall be designed on the basis of a fifteen-year storm. Pipe grades shall be so designed that a minimum velocity of 2 1/2 feet per second will be obtained when the pipe is flowing 1/4 full. All drainage calculations must be preliminary reviewed and approved by the City Engineer.
F. 
Subsurface structure excavations shall be carried out by the contractor and, only where considered necessary by the City Engineer, shall be carried below the required facility installation level to remove and replace unstable soils with thoroughly tamped gravel, crushed stone or crushed slag. Adequate bracing, shoring and sheeting shall be installed to protect workmen, members of the public, public and private property and the work underway. Where deemed necessary by the City Engineer, the contractor shall provide, install and operate an adequate well-point system for dewatering to stabilize excavation bottoms and banks.
G. 
Unless otherwise specified in specific situations by the City Engineer, reinforced concrete pipe, when used, shall be Class III, Wall B. All reinforced concrete pipe shall have flexible rubber-type gasket joints, with both pipe and gasket conforming to the American Society for Testing and Materials specifications therefor, as amended and revised to date. When used, corrugated metal pipe and pipe arch shall conform to the requirements of the American Association of State Highway Officials (AASHO) specifications therefor, as amended and revised to date. All corrugated metal pipe and pipe arch shall be fully bituminous coated in accordance with current New Jersey Department of Transportation specifications therefor.
H. 
When used, corrugated aluminum pipe and pipe arch shall conform to the requirements of AASHO designation M-196-62 or AASHO designation M-211-65. The aluminum alloy sheets shall conform to the requirements of ASTM B209 Alloy Alclad 3004-H34.
I. 
Where used, cast-iron pipe, together with mechanical joints, shall conform to the American Standards Association specifications therefor, and unless otherwise specified by the City Engineer, cast-iron pipe shall be Class 22 for pipe diameter of 12 inches or less and thickness Class 21 for a pipe diameter of 14 inches or more.
J. 
All drainage pipe shall be laid in straight lines between drainage structures except when otherwise specifically provided. When deviation from a straight line is permitted, the deflection of each joint shall not exceed the manufacturer's recommended maximum for the pipe, joint and size of pipe being installed. All pipe shall conform to specified lines, grades and dimensions.
K. 
No deflective or leaking pipes, joints, connections, manholes, inlets or other parts of the work will be acceptable. All visible leakage of any description, no matter where located, shall be corrected by the contractor in a manner satisfactory to the City Engineer.
L. 
All developments may incorporate on-site stormwater detention or impoundment facilities as indicated earlier, in the following manner:
(1) 
Swales may be constructed in which there need be no outlet facilities and which will impound water draining only from other landscaped areas. The water impounded in these areas will be left to evaporate and percolate, the swales shall otherwise be seeded and maintained in lawn area.
(2) 
Impoundment/detention basins along any stream that maintains a steady flow of water throughout the year may be constructed, provided that any improvements designed to provide such impoundment/detention facilities shall meet the standards of, and if required have the approval of, the New Jersey Department of Environmental Protection, and shall have the proper amount of sustained water flow downstream, proper depth of water to control vegetation, and proper design to prevent water stagnation in any part of the pond.
(3) 
Detention of stormwater on roof surfaces may be designed by means of essentially flat but slightly pitched roofs to the edges. Facilities for control of the water runoff from the roof shall be provided in the form of vertical leaders with detention rings around the intake to provide the control of water flow. The spacing and capacity of the vertical leaders and the detention rings shall be approved by the City Engineer and Construction Official, depending on the areas to be drained, the pitch of the roof, the capacity of the impoundment/detention facilities to which the water will eventually drain and the structural strength of the roof. It is recommended that the intakes be protected by a device that will accept the full amount of water passed on to it from the detention rings, but which will act as a strainer for any foreign matter such as leaves, twigs and seedlings. The leader from a roof with water detention design shall direct the stormwater into a detention basin constructed in a manner as outlined above.
M. 
If the drainage characteristics of the soils permit, vegetation can be used as an effective way to reduce stormwater runoff. Bioretention of stormwater integrated into landscaped infiltration areas, swales, or rain gardens can provide temporary storage of runoff as well as on-site infiltration. Such design will be permitted if soil tests indicate a capacity for this design and if drainage calculations demonstrate the capacity of such facilities to accommodate the anticipated stormwater runoff. Indigenous species must be utilized for bioretention strategies. A maintenance plan must also be provided to ensure irrigation and weeding of site.
[Added 8-3-2010 by Ord. No. 14-2010]
Topsoil moved during the course of construction shall be redistributed so as to provide at least three inches of cover to all areas of the development not covered and shall be stabilized by seeding, planting or sodding. In the event that the site does not contain sufficient amounts of topsoil to provide three inches of topsoil to all uncovered areas of the development, the developer shall supply sufficient amounts to meet this requirement. Unless specifically permitted by the Planning Board, no topsoil shall be removed from the site.
The following standards shall apply in connection with all developments in connection with the design and construction of driveways, bikeways, sidewalks or pedestrianways, streets and similar items concerned with traffic and circulation:
A. 
Access.
(1) 
Where a driveway serves right-turning traffic from a parking area providing 200 or more parking spaces and/or the abutting road has a peak-hour traffic volume exceeding 1,000 vehicles per hour, an acceleration lane shall be provided in accordance with "A Policy of Geometric Design of Urban Highways," published by the American Association of State Highway Officials.
(2) 
Where a driveway serves as an entrance to a development providing 50 or more parking spaces, a deceleration lane shall be provided for traffic turning right into the driveway from any collector or arterial road. The deceleration lane is to be at least 200 feet long and at least 13 feet wide, measured from the abutting road curbline. A minimum forty-foot curb return radius will be used from the deceleration lane into the driveway.
B. 
Driveways. Any driveway providing access from a public street or way to any permitted use or structure shall comply with the following regulations:
(1) 
Driveways shall enter the street or road right-of-way at an angle between 75º and 105º.
(2) 
The portion of the roadway lying between the right-of-way of the street and the driveway shall be surfaced as a driveway extension.
(3) 
Any curb opening shall be properly reconstructed to the satisfaction of the City Engineer. Where curbing does not exist and conditions warrant, an adequate drain pipe shall be installed as determined by the City Engineer.
(4) 
Driveway grades shall not exceed 8% by a distance of 40 feet from any street or road right-of-way line, unless otherwise approved by the City Engineer.
(5) 
Driveway widths at the street right-of-way lines shall be a minimum of 10 feet and a maximum of 20 feet in connection with single-family residential uses. All other uses shall conform to the driveway regulations contained herein or as required by the City Engineer.
(6) 
The number of driveways provided from a site directly to any road shall be as follows:
Use
Length of Site Frontage
(feet)
Number of Driveways
Residential
200 or less
1
Commercial
200 or less
1
Commercial or arterial or collector road
200 to 500
2
All other uses
Over 800
To be determined by the Planning Board upon receipt of advice from the City Engineer.
(7) 
All entrance and exit driveways to a road shall be located to afford maximum safety to traffic on the road.
(8) 
Any exit driveway or driveway lane shall be so designed in profile and grading and shall be so located as to permit the following maximum sight distance measured in each direction along any abutting road; the measurement shall be from the driver's seat of a vehicle standing on the portion of the exit driveway that is immediately outside the edge of the road traveled or shoulder:
Allowable Speed on Road
(mph)
Required Sight Distance
(feet)
25
150
30
200
35
250
40
300
45
350
50
400
(9) 
Where a site occupies a corner of two intersecting roads, no driveway entrance or exit may be located within a minimum of 30 feet of tangent of the existing or proposed curb radius of that site.
(10) 
No entrance or exit driveway shall be located on the following portions of any collector or arterial road: on a traffic circle, on a ramp of an interchange, within 30 feet of the beginning of any ramp or other portion of an interchange, nor on any portion of such road where the grade has been changed to incorporate an interchange.
(11) 
Where two or more driveways connect a single site to any one road, a minimum clear distance of 100 feet measured along the right-of-way line shall separate the closest edges of any two such driveways.
(12) 
Driveways used for two-way operation shall intersect any collector or arterial road at an angle as near 90º as site conditions will permit and in no case less than 60º.
(13) 
Driveways used by vehicles in one direction of travel (right turn only) shall not form an angle smaller than 60º with a collector or arterial road unless acceleration and deceleration lanes are provided.
(14) 
The dimensions of driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated to be attracted daily onto the land development for which the site plan is prepared. The required maximum and minimum dimensions for driveways are indicated on the accompanying table. Driveways serving large volumes of daily traffic or traffic over 25% of which is truck traffic shall be permitted to use low-to-minimum dimensions. (See Table 2.)
(15) 
The surface of any driveway subject to City site plan approval shall be constructed with a permanent pavement of a type specified by standards set by the City Engineer. Such pavement shall extend to the paved traveled way or pave shoulder of the road; required driveway dimensions specified in Table 2.
TABLE 2
Type of Development
Type of Development
One-Way Curbline Opening
(feet)
Operation Driveway Width
(feet)
Two-Way Curbline Opening
(feet)
Operation Driveway Width
(feet)
5 to 10 family resident
12-15
10-13
12-30
10-26
10 family or more
12-30
10-26
24-36
20-30
Commercial or industry
24-50
24-34
24-50
24-46
Service station
15-36
12-34
24-36
20-34
(16) 
Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. Any driveway profiles and grades shall be submitted to and approved by the City Engineer. Should a sidewalk be so located with respect to the curb at a depressed-curb driveway that is likely to cause undercarriage drag, the sidewalk should be appropriately lowered to provide a suitable ramp gradient.
C. 
Bikeways.
(1) 
Bikeways shall be required when in the Planning Board's opinion, depending on the probable volume of bicycle traffic, the development's location in relation to other populated areas, or its location with respect to any overall bikeway route or trail adopted by the Planning Board or other applicable agency, provision of the bikeway(s) would be needed and used. Bicycle traffic shall be separated from motor vehicle and pedestrian traffic as much as possible.
(2) 
Bikeways shall generally not exceed a grade of 3%, except for short distances, and they should be a minimum of five feet wide for one-way and eight feet wide for two-way travel. Bikeways shall be designed and constructed in accordance with the specifications and standards of the City Engineer.
D. 
Sidewalks.
(1) 
Sidewalks shall be required along all streets. In reviewing a request for a waiver of this requirement, the Planning Board shall be guided by the probable volume of pedestrian traffic, the street classification in instances where streets are involved, school bus stops, the development's location in relation to other populated areas or pedestrian traffic generators, and the general type of improvement intended. The Planning Board shall further only grant waivers which are in accordance with the provisions of the Master Plan.
(2) 
When required and unless reduced or altered by the Planning Board, all sidewalks shall conform to the following standards:
(a) 
Sidewalks shall be at least four feet wide and located as approved by the Planning Board. Sidewalks shall be at least four inches thick, except at the point of vehicular crossing where they shall be at least six inches thick, of Class C concrete, having a twenty-eight-day compression strength of 4,000 psi, and shall be air-entrained.
(b) 
Finished sidewalks shall be true to specified lines, grades, and curvatures. Completed work shall be adequately protected from traffic and the elements.
E. 
Sight triangles.
(1) 
Sight triangles shall be required at each quadrant of an intersection of streets, and streets and driveways. The area within sight triangles shall be either dedicated as part of the street right-of-way or maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle, no grading, planting or structure shall be erected or maintained more than 30 inches above the street center line or lower then eight feet above the street center line except for street name signs and official traffic regulation signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the developer shall trim such vegetation and trees as well as establish proper excavation and grading to provide the sight triangle.
(2) 
The sight triangle is that area bounded by the intersection of street lines and a straight line which connects "sight" points located on each of two intersecting street lines the following distances away from the intersection of street lines: arterial streets at 130 feet; collector streets at 60 feet; and local streets at 35 feet. Where the intersecting streets are both arterial, both collectors, or one arterial and one collector, two overlapping sight triangles shall be required formed by connecting the sight points noted above with a sight point 35 feet on the intersecting street. Any proposed development requiring site plan approval shall provide sight triangle easements at each driveway with the driveway classified as a local street for purposes of establishing distances. The classification of existing and proposed streets shall be those as defined in the adopted Master Plan or as designated by the Planning Board at the time of the application for approval of the new street, not included in the Master Plan. Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setback required by the zoning provisions.
F. 
Streets.
(1) 
All development shall be served by improved streets with an all-weather base and pavement with an adequate crown. The arrangement of streets now shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets, conform with the topography as far as practical, and allow for continued extension into adjoining undeveloped tracts.
(2) 
When a development adjoins land capable of being developed or subdivided further, suitable provision shall be made for optimum access from the adjoining tract to existing or proposed streets.
(3) 
Local streets shall be designed to discourage through traffic.
(4) 
To conserve energy and permit the greatest potential for buildings to have a southern exposure, all new streets shall have an east/west orientation whenever possible considering topographic features and existing land use patterns.
(5) 
Development bounded by arterial or collector streets.
(a) 
In all residential districts, development bounded by an arterial or collector street shall control access to streets by having all driveways intersect minor streets. Where the size, shape, location, or some other unique circumstance may dictate no other alternative than to have a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities so it is not necessary to back any vehicle onto an arterial or collector road and abutting lots may be required to use abutting driveways with one curb cut. All lots requiring reverse frontage shall have an additional 25 feet of depth to allow for the establishment of the buffers outlined below unless such buffers are established in a reserve strip controlled by the City or county.
(b) 
That portion of the development abutting an arterial or collector street right-of-way shall either be planted with nursery grown trees to a depth of not more than 25 feet as a buffer strip along the right-of-way line and for the full length of the development so that in a reasonable period of time a buffer area will exist between the development and the highway, or, where topography permits, earthen berms may be created at a sufficient height to establish a buffer between the development and the highway. Berms shall not be less than five feet in height; they shall be planted with evergreens and deciduous trees according to a landscaping plan so as to be designed to have no adverse effect on nearby properties. All trees shall be of nursery stock having a caliper of not less than 2 1/2 inches measured three feet above ground level and be of an approved species as determined by the City Shade Tree Commission or Planning Board. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use, and durable under the maintenance contemplated.
(6) 
In all developments the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with Diagrams 1 through 3, Typical Roadway Sections and Details, which is part of this chapter; but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street although a greater width may be required in accordance with the diagram details above referenced. Where an arterial or collector street intersects another arterial or collector street, the right-of-way and cartway requirements shall be increased by 10 feet on the right side of the street(s) approaching intersection of the center lines.
(7) 
No development showing reserve strips controlling access to streets or another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the City Commission under conditions imposed by the Planning Board.
(8) 
In the event that a development adjoins or includes existing City streets that do not conform to widths as shown on the City Master Plan or Official Map or the street width requirements of this chapter, additional land along both sides of the street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design of creating over-sized lots to accommodate the widening at some future date. The additional widening may be offered to the City for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street right-of-way and shall be expressed on the plat or plan as follows: "Street right-of-way easement granted to the City of Millville permitting the City to enter upon these lands for the purposes provided for and expressed in the Development Regulations Chapter of the City of Millville." This statement on an approved plat or plan shall in no way reduce the developer's responsibility to provide, install, repair or maintain any facilities installed in this area dedicated by ordinance or as shown on the plat or plan, or as provided for by any maintenance or performance guaranty. If a development is along one side only, 1/2 of the required extra width shall be anticipated.
(9) 
The actual design and construction of all streets or roads within the City shall be subject to review and approval by the City Engineer in accordance with the provisions of this chapter, any adopted Master Plan or Official Map and any other applicable ordinances of the City of Millville or acceptable engineering standards.
(10) 
Where dead-end (cul-de-sac) streets are utilized, they shall conform to the following standards:
(a) 
Dead-end streets of a permanent nature (where provisions for future extension of the street to the boundary of the adjoining property is impractical or impossible) or of a temporary nature (where provision is made for the future extension of the street to the boundary line of adjoining property) shall provide a turnaround at the end with a right-of-way radius sufficient to permit the maneuvering and turning of emergency vehicles including fire trucks.
(b) 
If a dead-end street is of temporary nature, provisions shall be made for removal of the turnaround and reversion of excess right-of-way to the adjoining properties as off-tract responsibility of the developer creating the street extension when the street is extended.
(c) 
A dead-end street shall serve no more than 14 lots.
(11) 
No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets so as to be confusing therewith. The continuation of an existing street shall have the same name. The names of new streets must be approved by the Planning Board. This subsection shall apply to any street within the City of Millville or surrounding municipalities.
(12) 
Streets shall be constructed in accordance with the standards as shown on Diagrams 1 through 3, Typical Roadway Sections and Details, which are a part of this chapter and the standards contained in this section.
(13) 
Longitudinal grades on all local streets shall not exceed 10%, nor 4% on arterial or collector streets. No street shall have a longitudinal grade of less than 1/2 of 1%. Maximum grades within intersections shall be 4% percent. The cross section of the cartway from the center line to the curbline or edge of the paving shall be parabolic and shall not exceed a slope of 2%. Where the cartway on a collector or arterial street is banked to facilitate a curve in the street alignment, the slope toward the curbline or shoulder shall conform to accepted engineering practice.
(14) 
Local streets should not be part of a four-way intersection. Intersecting street center lines shall be as nearly at right angles as possible, and in no case shall they be less than 75º at the point of the intersection. The curblines shall be parallel to the center line. Approaches to all intersections shall follow a straight line for at least 100 feet measured from the curbline of the intersecting street to the beginning of the curve. No more than two street center lines shall meet or intersect another point. Collector and arterial streets intersecting another street from opposite sides shall not be offset unless, measuring from the point of intersection of the street center line, the two intersections shall be spaced a sufficient distance to permit a minimum two lot depths between two street rights-of-way, but not less than 250 feet between rights-of-way. Any development abutting an existing street which is classified as an arterial or collector street shall be permitted not more than one new street every 800 feet on the same side of the street within the boundaries of the tract being subdivided. In the spacing of streets, consideration will be given to the location of existing intersections on both sides of the development. Intersections shall be rounded on the curbline, with the street having the highest radius requirement as outlined below determining the minimum standard for all street lines:
(a) 
Arterial street at 40 feet.
(b) 
Collector street at 30 feet.
(c) 
Local street at 20 feet.
(15) 
The right-of-way for internal roads and alleys in commercial and industrial development shall be determined on an individual basis by the Planning Board and shall in all cases be sufficient in width and design to safely accommodate parking and loading needs of adjoining uses.
(16) 
A tangent at least 200 feet long shall be introduced between reverse curves on arterial and collector streets. When connecting street lines deflect in any direction they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distance within the curbline shall be 160 feet for a local street, 300 feet for a collector street, and 500 feet for an arterial street.
(17) 
All changes in grade where the difference in grade is 1% or greater shall be connected by a vertical curve having a length of at least 50 feet for each 2% difference in grade, or portion thereof, and providing minimum sight distances of 160 feet for a local street, 300 feet for a collector street and 500 feet for an arterial street. Intersections shall be designed with as flat a grade as practical with the advice of the City Engineer.
(18) 
In the case of local streets within a development where the City Commission determines that the length of the street and the nature of adjacent uses warrant such reduction in the width of the paved surface, the width required in Subsection F(6) of this section may be reduced, but in no case shall the paved width of a local street be less than 26 feet.
(19) 
Street signs shall be installed by the developer in a manner and of a material and design to be approved by the Planning Board as recommended by the City Engineer. All such signs shall be installed so as not to create any visual obstruction and to be free of visual obstruction.
(20) 
The developer of any subdivision or development shall provide for the installation of the underground service for all poles and fixtures for streetlighting. Streetlighting standards of a type and number approved by the Planning Board and the City Engineer shall be installed by all street intersections and elsewhere as deemed necessary by the Planning Board.
(21) 
Whenever a development abuts or crosses municipal boundaries, access to those lots within the City shall be from within the City as the general rule. Wherever access to a development is required across land in an adjoining municipality as the exception, the Planning Board may require documentation that such access is legally established, and that the access road is adequately improved.
Each development requiring off-street loading or parking areas, or where roadways are not dedicated and accepted by the City, shall install and maintain all appropriate traffic and directional signs, markers or pavement markings as approved by the appropriate approval authority. In the case of parking and loading facilities, parking stalls and loading areas, traffic flow directions and areas where is for limited period of time or prohibited shall be clearly marked. In the case of developments where access is provided by driveways or streets not dedicated and accepted by the City, county or state, all traffic signs, directional signs and similar markings shall be installed and maintained in accordance with the requirements of the appropriate approval authority.
New utility distribution lines and telephone or other communication facility lines to locations not presently served by such utilities shall be placed underground, except in those cases where the Planning Board finds that such placement underground would be detrimental to existing land uses such as, but not limited to, active agricultural operations.
[Added 4-21-2020 by Ord. No. 8-2020]
Within the Zoning Districts:
AC
Agricultural Conservation District
LC
Land Conservation District
POS
Public Open Space District
RC
River Conservation District
I-1
General Industry District
I-2
Interchange Mixed Use District
I-3
Air Park Industry District
Public utility generating sub or switching stations may be established in accordance with the provisions of the Schedules of District Regulations[1] and the following conditions:
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
COLLECTOR SURFACE
Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, support and mounting hardware.
PRESERVED OPEN SPACE AND PRESERVED FARMLAND
Land on which a development easement was conveyed to, or retained by, the State Agricultural Development Committee, a board, or a qualifying tax-exempt, nonprofit organization pursuant to the provisions of Section 24 of N.J.S.A. 4:1C-31, Section 5 of N.J.S.A. 4:1C-31:1, Section 1 of N.J.S.A. 4:1C-38, Section 1 of N.J.S.A. 4:1C-43.1, Sections 37 through 40 of N.J.S.A. 13.8C-37 through 13:8C-40, or any other state law enacted for farmland preservation purposes.
RENEWABLE-ENERGY FACILITY
A facility that engages in the production of electric energy from solar technologies, photovoltaic technologies, or other solar-based technology.
SOLAR COLLECTOR
A device, structure or part of a device or structure in which a substantial purpose is used to transform solar energy into thermal, mechanical, chemical or electrical energy.
SOLAR ENERGY
Direct radiant energy received from the sun.
SOLAR PANEL
A structure containing one or more receptive cells or collector devices, the purpose of which is to use solar radiation to create usable electrical energy.
UTILITY-SCALE (PRINCIPAL USE) SOLAR ENERGY SYSTEM
One or more solar panels and all associated equipment involved in the conversion of solar radiation to electrical energy which functions as the only principal use on the land on which such system is situated.
B. 
Utility-scale solar energy system.
(1) 
Where permitted as set forth in the Schedules of District Regulations,[2] solar energy systems shall be permitted as conditional uses on a minimum lot size of 200 acres (lot area includes all land associated with the overall development of the utility-scale solar project).
[2]
Editor's Note: Said regulations are included as an attachment to this chapter.
(2) 
The utility-scale solar system shall constitute the principal use of the lot on which it is located. For all such systems major site plan approval is required.
(3) 
A person who owns a preserved farmland may construct, install and operate solar energy systems on an area less than the ten-acre minimum for such a use on the preserved portions of the farm or on any portion excluded from preservation in accordance with P.L. 2009, c. 213 of New Jersey.
(4) 
A site plan application for a solar energy system shall address, and not be limited to, buffering, care and maintenance of all property associated with the installation, security, visual impacts, drainage, traffic to and from the site and shall include that installations shall be subject to the following requirements, in addition to applicable development application submission, review and performance standards:
(a) 
All solar facilities must meet or exceed the standards and regulations of the Federal Aviation Administration (FAA), Board of Public Utilities (BPU), and any other agency of the local, state, or federal government with the authority to regulate such facilities that are in force at the time of the application.
(b) 
The location of ground-mounted arrays and freestanding collectors shall be set back a distance of 75 feet from all property lines.
(c) 
Ground-mounted arrays shall not exceed 20 feet in height when oriented at maximum tilt.
(d) 
A thirty-foot-wide perimeter landscaped buffer that includes a combination of evergreen trees and shrubs. The landscape buffer shall be required along the road frontages and where visual impact may affect immediately adjacent residential uses. The purpose of the buffer is not to completely screen the solar use, but rather to provide an aesthetic component to the project. A six-foot-tall fence shall be located inside the landscape perimeter. Evergreen trees shall not be a lesser height than that of the perimeter fence, and shall be of a species that will be expected to grow to a height of the solar panels within five years of the time of planting. Natural vegetation or landforms on-site may provide such screening as determined by the Board.
(e) 
No more than 80% of under panel surface of the total lot area shall be utilized for a solar energy system installation, inclusive of 25% maximum impervious coverage exclusive of the panel areas as prescribed by N.J.A.C. 40:55D-38.1.
(5) 
A site plan application submission shall include:
(a) 
Visual impact analysis: discuss the potential visual effects from the projects. Identify any measures to avoid, minimize, or mitigate visual effects.
(b) 
An economic impact and alternative site analysis.
(c) 
Analysis of local electric grid impact and connectivity capacity for accessory solar systems.
(d) 
Proposed stormwater measures: identify specific erosion control, sedimentation control or stabilization measures to address soil limitations during and after project construction.
(e) 
Screening plan: include any site grading and/or landscape plantings proposed along public roads or abutting residential and commercial properties.
(f) 
A maintenance plan for grounds and landscaping buffers.
(g) 
A site plan application shall also include a decommissioning plan, including time line, means and methods with engineering and demolition specifics as well as a plan for cleaning and restoration of the property to its preinstalled condition, including grading and vegetative restabilization to eliminate any negative impacts to surrounding properties.
(6) 
To the extent reasonably possible, solar energy panels, regardless of how they are mounted, shall be oriented and/or screened year round so that glare is directed away from adjoining properties and streets.
(7) 
To the extent reasonably possible, solar energy systems shall be designed using such features as colors, materials, textures, screening and landscaping so as to blend into their settings and avoid visual blight. The solar energy systems shall remain painted or finished in the color or finish that was originally applied by the manufacturer. The exterior surface of any visible components shall be nonreflective, neutral color like white, grey or another nonobtrusive color. Finishes shall be matte or nonreflective.
(8) 
Solar energy systems shall not be used for the display of advertising.
(9) 
All solar energy system collector installations must be performed by a qualified solar installer, and prior to operation the electrical connections must be inspected by the Construction Office or other appropriate electrical inspection agency as determined by the City. In addition, any interconnection to the public utility grid must be inspected by the appropriate public utility.
(10) 
When solar storage batteries are included as part of the solar energy collector system, they must be placed in a secure container or enclosure meeting the requirements of the New Jersey State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of the State of New Jersey and other applicable laws and regulations.
(11) 
Clearing of natural vegetation for the installation of a solar energy system shall be limited to that which is necessary for the construction, operation and maintenance of the system and as otherwise prescribed by § 30-184 as well as any other applicable laws, regulations and ordinances.
(12) 
Any trees to be removed to accommodate the installation of a solar energy system shall be accompanied by a plan demonstrating the need to remove the trees. Any applicant shall locate a solar energy system so that tree removal is not required to the extent practical.
(13) 
Any ancillary buildings and any outside storage associated with a solar energy system shall use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
(14) 
Buffer widths shall meet the requirements of an industrial use to neighboring properties as shown in the 030d Required Minimum Buffer Width Table[3] at the beginning of this chapter and it shall meet all the screening requirements of § 30-155.
[3]
Editor's Note: Said table is included as an attachment to this chapter.
C. 
Decommissioning of utility-scale solar and wind energy systems.
(1) 
The facility owner and operator shall, at its expense, complete decommissioning of the utility-scale solar or wind (including individual wind turbines) system, and all related improvements, within 12 months after the end of the useful life of the facility or individual wind turbines, or when use has been discontinued or abandoned by the facility owner and/or operator. The utility-scale solar or wind (including individual wind turbines) system will be presumed to be at the end of its useful life, discontinued or abandoned if no electricity is generated for a continuous period of 12 months.
(2) 
Decommissioning shall include all the following relevant parts of the system, including removal of the solar panels and support apparatus, both above and below ground, wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.
(3) 
Disturbed earth shall be graded, reseeded and/or reforested to reclaim the site back to its predevelopment condition, based on the subdivision/land development plan or documented predevelopment condition, unless the landowner requests in writing that the access roads or other land surface areas not be restored.
(4) 
An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning ("decommissioning costs") without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs"). Said estimates shall be submitted to the City of Millville after the first year of operation and every fifth year thereafter.
(5) 
Decommissioning funds.
(a) 
The facility owner or operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs; provided that at no point shall decommissioning funds be less than 100% of decommissioning costs.
(b) 
The decommissioning funds shall be posted and maintained with a bonding company or federal or commonwealth chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within New Jersey and is approved by the City.
(c) 
Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the municipality.
(6) 
If the facility owner or operator fails to complete decommissioning within the period prescribed above, then the landowner shall have six months to complete decommissioning.
(7) 
If neither the facility owner or operator, nor the landowner complete decommissioning within the periods described above, then the City of Millville may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to Millville shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns. Millville may take such action as necessary to implement the decommissioning plan.
(8) 
The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated, and the City concurs, that decommissioning has been satisfactorily completed, or upon written approval of Millville in order to implement the decommissioning plan.
[1]
Editor's Note: Said regulations are included as an attachment to this chapter.
No development, site clearing or demolition activity shall be carried out unless it is designed to avoid irreversible adverse impacts on the survival of existing vegetation. The removal of vegetation shall be permitted when such removal is necessary to accommodate the development or maintenance of a permitted structure or to otherwise conduct a permitted use of the property; to eliminate a pedestrian or vehicular safety hazard to a structure; specimen trees will not be cleared or removed; and the area cleared shall be landscaped in accordance with § 30-165 of this article.
In any district, nothing shall be erected, placed, or allowed to grow in such a manner as to materially impede vision between a height of 2 1/2 feet and 10 feet above the center line grade of an abutting street or streets within 30 feet of an intersection of street lines involving a state or county road, within 20 feet of an intersection of street lines involving two municipal streets or within 15 feet of an intersection involving boundary lines of a driveway and a street.
A. 
Where water is accessible from a servicing utility, the developer shall arrange for the construction of water mains in such a manner as to make adequate water service available to each lot, dwelling unit or use within the development. The entire system shall be designed in accordance with the requirements and standards of the City, county and/or state agency having approval authority and shall be subject to its approval. The system shall also be designed with adequate capacity and sustained pressure for present and probable future development. Minimum City specifications shall be as follows:
(1) 
Water supply facilities and systems shall be provided and installed in accordance with the specifications of this section and as required by the City Engineer. Water supply facilities and systems shall be designed and installed for either immediate or future connection with a public or on-site community water supply facility or system approved by the New Jersey Department of Environmental Protection and the City Commission of the City of Millville. In areas where public water supply does not exist or is not expected to be provided within a reasonable period of time in the opinion of the Planning Board, the Board may waive the requirement that water supply facilities be installed to connect with public water supply facilities or systems.
(2) 
In those cases where the public water supply facility or system is not presently available and the site of the proposed development is unsuitable and unsafe in terms of public health for individual on-site water supply facilities as determined by the New Jersey Department of Environmental Protection or Health, or other appropriate local agency, an on-site community water supply system approved by the New Jersey Department of Environmental Protection and the City Commission of the City of Millville shall be installed. On-site water supply system shall be provided in addition to the required installation of water supply facilities for those areas expected to be provided with public water supply facilities or systems within a reasonable period of time.
(3) 
All water supply and treatment facilities shall comply with the rules and regulations established by the New Jersey Department of Health, as amended and supplemented. Water mains shall be sized for adequate delivery of pressure and volume. In general, the size of water mains shall conform to the following: Lines whose primary function is and will be to serve adjacent property shall be six inches, and lines that serve as feeder lines to several other streets in addition to the one in which they are located shall be eight inches and shall be laid out to provide loops with other lines eight inches or larger which enclose areas of not more than 1/4 square mile. Lines that provide the main feed from present or larger lines shall be laid out so as to form loops with other similar lines which enclose not more than one square mile. The system shall be designed so that not more than one hydrant is affected by shutting off any one section, so that hydrants are located within 600 feet along street lines of any property development, so that not more than four valves are necessary to shut off any one section and so that the number of dwelling units affected by shutting off any one section shall be limited to approximately 25.
(4) 
Cast-iron pipe and fittings shall conform to applicable requirements of the American Standards Association's specifications, as amended. Cast-iron pipe shall be thickness Class 22, and flanges shall be Class 125. Mechanical joints conforming to the American Standards Association (ASA) Specifications A-21.11, as amended, or gasket-type joints of Tyton or approved equal, shall be used. Other fittings shall conform to the requirements of the American Standards Association Specifications A-21.10, as amended, and all cast-iron pipe or fittings shall be cement-lined in accordance with ASA A-21.4, as amended. Valves shall conform to the current American Waterworks Association standard for iron-body-disk gate valves with parallel seats. Unless otherwise specified by the City Engineer, valves shall be operated by a two-inch-square operating nut of cast-iron and shall open in a counterclockwise direction. The direction of opening shall be marked by an arrow and the word, "open." All cast-iron surfaces of valves and valve boxes shall be complete with covers, and both valve box and cover shall be of ample strength and dimension to fully sustain the shocks of vehicular traffic and to maintain the upper section and cover to proper grade under heavy traffic conditions. Fire hydrants shall be as required by City specifications. Operating cap nuts shall be one-and-one-half-inch pentagons. They shall be equipped with two hose nozzles and one steamer nozzle, size and treads to be in accordance with local fire company requirements. They shall have a provision for a six-inch connection to the main. Valve opening for the hydrant shall be four inches. Valves shall be installed between all fire hydrants and the supply main.
(5) 
Excavations and backfill shall conform to the requirements for subsurface structure excavations. Requirements relating to protection of the work from cave-ins and accumulation of water shall be as specified under § 30-179, Stormwater management.
(6) 
Water mains shall be laid in straight lines except when otherwise specifically directed by the City Engineer. When deviation from a straight line is permitted, the deflection of each joint shall not exceed the manufacturer's recommended maximum for the type of joint and size of pipe being installed. Water pipes shall be laid with at least 3 1/2 feet of cover over the top of the pipe to the existing or proposed finished grade or to the future finished grade when such is lower. Special care shall be exercised to removal all earth, stones and other materials from each pipe as it is laid and to prevent any such materials from entering the pipelines. The contractor is responsible for the lines being maintained in an absolutely clean condition on the inside and for seeing that all valves and hydrants are clean and in good working order when installed. Open pipe ends shall at all times be adequately protected and shall be securely sealed with dirt-proof plugs whenever work is stopped for any reason. After removing a plug, the interior of the pipeline shall be inspected before resuming pipe laying operations.
(7) 
All fittings and valves shall be set accurately, true to and square with pipelines. Valve stems shall be accurately plumbed. Fittings and valves shall be supported by approved blocking so as to ensure their remaining accurately in position during jointly and in such a manner that their weight will not place undue strain on connection pipe or joints. Pipelines shall be thrust-blocked at all bends greater than 10º and at all T's, plugs, valves and hydrants so as to prevent movement of the lines under pressure.
(8) 
Before new waterlines are put into service, the contractor shall provide necessary equipment for and shall perform a two-hour pressure test, during which time pressure will be maintained at 125 pounds per square inch, and the amount of water that must be added to maintain this pressure will be measured. The maximum leakage which will be permitted for sections of the system up to and including 500 linear feet will be 0.01 gallon per inch of diameter per 24 hours per foot of pipe. Where the length of pipe to be tested exceeds 500 lineal feet, the total amount of leakage allowed for any such section of pipe shall be the amount which would be allowed for 500 feet. In general, every section of pipe which can be isolated by existing or proposed valves shall be individually pressure-tested except where such sections are less than 200 feet in length, in which case they may be tested as part of another section.
(9) 
Before a new waterline is put into service or when any section of a pipeline is drained or emptied of water at any time, it shall be completely sterilized with chlorine according to the directions of the City Engineer.
B. 
Where public water is not available, potable water supply shall be provided to each lot on an individual well basis. Such wells shall be designed in accordance with the requirements and standards of the City and/or state agency having jurisdiction thereof.
A. 
Where, due to natural features or special conditions, a literal enforcement or the provisions of this article will result in unnecessary hardship or be detrimental to the stated goals and objectives of the City's development policy as expressed in the adopted City Master Plan, the Planning Board may, by resolution, grant such waiver from or adjustment to the requirements thereof as will not be contrary to the public interest and will not subvert the objectives of the City Master Plan and this chapter. Financial hardship or disadvantage shall not be sufficient cause or proof of hardship.
B. 
All requests for waivers or adjustments to the design standards contained herein shall be submitted in writing to the approval authority and shall clearly set forth the reason why literal enforcement would cause hardship or be contrary to stated planning objectives or goals.
C. 
In reviewing such requests, the approving authority shall give consideration to the development size, anticipated or recognizable adverse impacts to be created or increased by it, natural and existing conditions at the development or adjacent thereto, the purpose or reason of the development, and reasonable feasibility of design standards to the development proposed.
All improvements to be installed as set forth in this article, when required of a developer, shall be subject to inspection by the approval authority engineer or the City Engineer, who shall be notified by the developer at least seven days prior to the start of construction. No underground installation shall be covered until inspected and approved by the appropriate engineer.