This chapter shall be known and may be cited
as "The Site Plan Review Ordinance of the Borough of Lavallette (2006)."
For the purpose of this chapter, the terms used
herein are defined as follows:
ADDITION
As applied to a building or structure, an addition shall
mean an enlargement of the original structure by an extension of any
side or by increasing the height. An addition must be served by the
same mutual main entrance and be served by the electric, water and
sewer of the original building or structure.
ADMINISTRATIVE OFFICER
The Planning Board Secretary for matters under the jurisdiction
of the Planning Board and to whom the application for development
is submitted; the Zoning Officer for matters concerning application
for permits under the Zoning Ordinance or Land Development Ordinance.
ADVERSE EFFECT
Development designs, situations, or existing features on
a developer's property, or any nearby property, creating, imposing,
aggravating or leading to impractical, unsafe, unsatisfactory or noncomplying
conditions such as insufficient parking spaces; a layout inconsistent
with the zoning regulations; insufficient street width; unsuitable
street grade; unsuitable location; inconvenient street system; unsafe
ingress and egress to property; inadequate utilities such as water,
drainage and sewerage; unsuitable size, shape and location for any
area reserved for public use; infringement upon land designated as
subject to flooding; the creation of conditions leading to pollution
of the bay or potable water supply; soil or beach erosion from wind
or water, from excavation or grading, or other natural and man-made
occurrences, all as set forth in N.J.S.A. 40:55D-38 and measured against
the design and performance standards of this chapter.
ALTERATIONS
As applied to a building or structure, a change or rearrangement
in the structural supports; or a change in height, width or depth;
or moving a building or structure from one location or position to
another; or changing, adding to or removing from or otherwise affecting
the exterior design of a building or structure.
APPROVING AUTHORITY
The Borough Planning Board when acting under the authority
of the Municipal Land Use Law, as amended and supplemented.
APPLICANT
A person, partnership, corporation or public agency requesting
permission to engage in some activity on or in the lands and buildings
in the Borough of Lavallette and submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a site plan, zoning variance or permit
to a structure not related to a street.
BUILDING
Any structure with a roof used or intended for supporting
or sheltering any use or occupancy.
BULKHEAD
An upright structure or retaining wall usually along the
waterfront, constructed of treated lumber, reinforced concrete, marine
alloy steel, fiberglass, PVC or other approved materials.
CERTIFICATE OF COMPLETENESS
A certificate (or letter) issued by the Secretary to the
Planning Board after all required submissions have been made in proper
form certifying that an application for development is complete and
ready for scheduling on the Planning Board agenda.
CERTIFICATE OF OCCUPANCY
A certificate issued upon resale or completion of construction
and/or alteration of any building. Said certificate shall acknowledge
compliance with all requirements of this chapter and the Land Development
Ordinance, such adjustments thereto granted by the Planning Board
and/or all other applicable requirements. The certificate of occupancy
is issued by the Construction Official after he receives a zoning
certificate of occupancy from the Zoning Officer.
CONSTRUCTION OFFICIAL
The official of the Borough of Lavallette appointed pursuant
to the Uniform Construction Code of the State of New Jersey.
COVERAGE
The percentage of the plot or lot area covered by buildings
and structures.
CRITICAL AREA
A.
Any land within a flood zone (floodway or flood
fringe area) as delineated by the Department of Environmental Protection,
State of New Jersey;
B.
Any land that fronts on the ocean or Barnegat
Bay or its lagoons; or
C.
Any land where the water table or surface waters
cause particular problems of development, or where development is
likely to cause damage to the groundwater.
DAYS
Calendar days unless otherwise specified.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT
The process of obtaining site plan review. It may also refer
to the improvement of land and, in proper context, to a subdivision.
DISTRICT
Any part of the territory of the Borough of Lavallette which
is designated on the accompanying Zoning Map and to which certain
uniform regulations and requirements of this chapter apply.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and includes the means necessary for water supply preservation or
prevention or alleviation of flooding.
DRIVEWAY
A private road or way not less than eight feet in width leading
from a public street to a building, structure or parking lot or area.
In the case of a residential driveway, it is the area provided for
the required off-street parking.
EASEMENT
The right of the property owner, Borough, county, state,
or other public or quasi-public agency or their agents, servants and
employees to use the land subject to the easement for the purposes
specified on the plat or in the document granting the easement.
EROSION
The detachment and movement of sand, soil or rock fragments
by water, wind, ice and/or gravity.
ESSENTIAL SERVICES
Underground gas, electrical, telecommunications, water transmission
or distribution systems, including mains, drains, sewers, pipes, conduits
and cables; and including normal aboveground appurtenances, such as
fire alarm boxes, police call boxes, light standards, poles, traffic
signals, hydrants and other similar equipment and accessories in connection
therewith, reasonably necessary for the furnishing of adequate service
by public utilities or municipal or other governmental agencies or
for the public health or safety or general welfare.
FINAL SITE PLAN APPROVAL
The approval required prior to issuance of a zoning permit,
building permit or other permit authorizing the development of land.
GENERAL TERMS AND CONDITIONS
Those as outlined under preliminary approval, including but
not limited to use requirements; layout and design standards for streets,
curbs and sidewalks; lot size; yard dimensions and off-tract improvements;
and any requirements peculiar to site plan approval, except that nothing
herein shall be construed to prevent the municipality from modifying,
by ordinance, such general terms and conditions of preliminary approval
as relate to public health and safety.
LAND
Any ground, soil, sand or earth, including marshes, drainageways
and areas not permanently covered by water, within the municipality.
Includes improvements and fixtures on, above or below the surface.
LANDSCAPING
The arrangement of land for human use and enjoyment. It involves
the placement of accessory structures, vehicular and pedestrian ways,
and plantings or other ground cover such as gravel, stones or other
material, and the modification or altering of such structures, vehicular
and pedestrian ways, and plant or other ground cover.
LOT
A parcel or portion of land separated from other parcels
or portions by description, as on a subdivision or record of survey
map, or by metes and bounds, for purchase or sale, lease or separate
use.
LOT AREA
The area, expressed in square footage, of a lot contained
within the lot lines of the property. Any portion of a lot included
in a street right-of-way shall not be included in calculating lot
area. Portions of lots encumbered by easements shall be included in
calculating lot area. Portions of lots under water shall not be included
in calculating lot area.
MAINTENANCE GUARANTY
The security required for the maintenance of any improvements
required by this chapter, including but not limited to surety bonds,
letters of credit pursuant to N.J.S.A.40:55D-53 and cash.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the Borough of Lavallette as set forth in and adopted
pursuant to Section 19 of P.L. 1975, c. 291.
MINOR SITE PLAN
A development for which site plan approval is required and
for which the following conditions have been met:
A.
The construction of new drainage facilities
is not required nor a change of grades or other alterations or established
drainage patterns.
B.
Exterior facade alterations are proposed and/or
new building construction and/or building additions do not exceed
1,000 square feet of gross floor area or 35% of the gross floor area
of the existing building, whichever is greater.
C.
The proposed development does not increase the
parking requirements by more than five spaces or increase the existing
parking by more than 10%, whichever is greater.
D.
No new or altered public streets or roads are
proposed.
E.
No part of the site is in a "critical area,"
as defined in this chapter.
OFF-SITE
Located outside the lot lines of the lot in question but
within the property of which the lot is a part, which is the subject
of the development application or a contiguous portion of a street
or right-of-way.
OFF-TRACT
Neither located on the property which is the subject of a
development application nor located on contiguous portions of a street
or right-of-way.
OFF-TRACT IMPROVEMENTS
Water, sewer, drainage and street improvements neither located
on the property which is the subject of a development application
nor located on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
OWNER
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be developed to commence and maintain proceedings for site
plan approval for the same under this chapter and, for the purpose
of this chapter, shall include the developer, applicant, agent, engineer
or other person authorized to represent the owner as defined herein.
PERFORMANCE GUARANTY
The security which may be accepted in lieu of a requirement
that certain improvements be made before the reviewing board approves
a final site plan application, including performance bonds, escrow
agreements, other similar collateral or surety agreements and 10%
cash.
PRELIMINARY SITE PLAN APPROVAL
The approval given to a preliminary site plan when the plan as submitted meets all requirements of applicable municipal ordinances and confers upon the applicant all of the rights provided in §
53A-8 of this chapter.
RECYCLING AREA
Space allocated for collection and storage of source-separated
recyclable materials.
RETAINING WALL
A structure more than 18 inches high erected between lands
of different elevation to protect structures and/or to prevent washing
down or erosion of earth from the upper slope level.
SITE
The lot in question which is the subject of the development
application or a contiguous portion of a street or right-of-way.
SITE PLAN
A development plan of one or more lots on which is shown:
A.
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, grading,
vegetation, drainage, utilities, landscaping, easements, floodplains,
marshes and waterways.
B.
The location and elevation of all existing and
proposed buildings, structures, streets, driveways, parking spaces,
loading and unloading areas, walkways, means of ingress and egress,
drainage facilities, utility services, landscaping, signs, lighting
and screening devices.
C.
Any other information that may be reasonably
required to make an informed determination pursuant to the provisions
of this chapter requiring review and approval of site plans by the
Planning Board adopted pursuant to Article 6 (N.J.S.A. 40:55D-37 et
seq.) of the Municipal Land Use Law.
SITE PLAN APPLICATION
An application to the Planning Board requesting site plan
review and approval and accompanied by all of the information required
by this chapter.
STRUCTURE
The word "structure" shall include the word "building" and
shall include anything constructed, assembled or erected, the use
of which requires location on the ground or attachment to something
having location on or in the ground, and shall include, by way of
illustration and not by way of limitation, houses, stores, fences,
steps, decks, tanks, towers, advertising signs or devices, bins, tents,
lunch wagons, trailers, dining cars, camp cars or similar structures
on wheels, or other supports, used for business or living purposes.
The word "structure" shall not apply to service utilities entirely
below ground. The word "structure" shall apply to all patios or decks
constructed of concrete or other impervious materials. All structures
shall be included in the calculation of lot coverage.
SUBDIVISION
A.
The division of a lot, tract or parcel of land
into two or more lots, sites or other divisions of land for the purpose,
whether immediate or future, of sale or building development, except
that the following divisions shall not be considered subdivisions,
provided that no new streets or roads are involved:
(1)
Divisions of property by testamentary or intestate
provisions;
(2)
Divisions of property upon court order;
(3)
Conveyances so as to combine existing lots by
deed or other instrument.
B.
"Subdivision" also includes resubdivision, which
is the further division or relocation of lot lines of any lot or lots
within a subdivision previously made and approved or recorded according
to law, or the alteration of any streets or the establishment of any
new streets within any subdivision previously made and approved or
recorded according to law, but does not include conveyances so as
to combine existing lots by deed or other instruments.
C.
For purposes of this chapter, a subdivision shall not include
the development or redevelopment of property consisting of, or proposed
to consist of, no more than two contiguous lots along, that municipal
right of way now or formerly known as Ocean Avenue as shown on any
prior official tax map of the Borough of Lavallette or the County
of Ocean, and which have one presently existing property line bordering
on the beach and/or boardwalk, provided that lot size, setbacks and
all other zoning requirements of each such contiguous lot presently
are, or are proposed to be, conforming to the requirements of the
Zoning Ordinances of the Borough of Lavallette, regardless of whether
the contiguous lots contain existing dwellings, existing dwellings
which have a foundation on both contiguous lots and are planned to
be demolished, removed or modified, or are vacant.
[Added 8-3-2020 by Ord. No. 2020-06 (1206)]
USE
The specific purpose for which a parcel of land or a building
is designed, arranged, intended or for which it is or may be occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
VARIANCE
Permission granted by the Planning Board to depart from the
literal requirements of the Zoning Ordinance of the Borough of Lavallette
pursuant to the Municipal Land Use Law, (N.J.S.A. 40:55D-60, 40:55D-40b
and 40:55D-70c and d, respectively) and/or the grant of relief from
the requirements of this chapter which permits construction in a manner
that would otherwise be prohibited by this chapter.
ZONING OFFICER
The official appointed to enforce the Zoning Ordinance and
Land Use Ordinance of the Borough of Lavallette, or the deputy of
such official, or other person officially appointed to act in the
place or stead of the Zoning Officer in the event of his or her absence,
disability or disqualification.
ZONING PERMIT (DEVELOPMENT PERMIT)
A document approved and signed by the Zoning Officer, which:
A.
Is required by ordinance as a condition precedent
to the commencement of a use or the issuance of a building permit
for the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building; and
B.
Acknowledges that such use, structure or building
complies with the provisions of the municipal Zoning Ordinance or
variance therefrom and duly authorized by the Planning Board.
Site plan review and approval by the approving
authority shall not be required for development of a single-family
dwelling unit or two-family dwelling unit(s) on individual lots.
All site plans and supporting documents shall
comply with the requirements hereinafter set forth and shall contain
the following information and data:
A. Each site plan submitted shall be drawn to a scale
of one inch equals 20 feet or greater.
B. All plans shall be certified by a New Jersey licensed
architect or engineer and shall include accurate lot lines certified
by a registered land surveyor. Plans shall be submitted on one of
the following standard sheet sizes: 15 inches by 21 inches; 24 inches
by 36 inches; or 30 inches by 42 inches. If one sheet is not sufficient
to contain the entire territory, the map may be divided into sections,
to be shown on separate sheets of equal sizes, with references on
each sheet to the adjoining sheets.
C. Boundaries of the tract, North arrow and graphic scale.
D. Zone districts in which the lot(s) are located.
E. Existing and proposed streets and street names.
F. Existing and proposed contour lines at one-foot intervals
inside the tract and within 50 feet of the tract's boundaries.
G. Existing and proposed buildings and accurate locations
and sizes of all buildings on properties adjacent to and across the
street from the property in question.
H. Title of plans and date of preparation.
I. Existing and proposed streams and easements.
J. Total building coverage in square feet and percent
of lot.
K. Total number of existing and proposed parking spaces.
L. All dimensions needed to confirm conformity with the
Borough's Zoning Ordinance, such as but not limited to buildings,
lot lines, parking spaces, setbacks and yards.
M. A small key map giving the general location of the
parcel to the remainder of the municipality.
N. The site in relation to all remaining lands in the
applicant's ownership.
O. Size, height, location and arrangement of all existing
and proposed buildings, structures and signs in accordance with the
requirements of this chapter and all other applicable ordinances,
including a rendering of each building showing elevations and the
proposed use of all structures.
P. Proposed circulation plans, including access streets,
curbs, aisles and lanes, easements, fire lanes, driveways, parking
spaces, loading areas, loading berths or docks, pedestrian walks and
all related facilities for the movement and storage of goods, vehicles
and persons on the site in accordance with applicable requirements
of this chapter and all other applicable ordinances, including the
location of lights, lighting standards, signs and driveways within
the tract and within 100 feet of the tract. Sidewalks shall be provided
from each building entrance/exit along expected paths of pedestrian
travel, such as but not limited to access to parking lots, driveways,
other buildings on the site and across common yard spaces between
buildings where pedestrian traffic can be expected to be concentrated.
Plans shall be accompanied by cross sections of streets, aisles, lanes,
curbing and driveways which shall adhere to applicable requirements
of this chapter and applicable design standards of the Borough's Subdivision
Ordinance.
Q. Existing and proposed buffer areas and landscaping
shall be shown on the plan. The landscaping plan, including seeded
and/or sodded areas, grading, retaining walls, fencing, signs, recreation
areas, shrubbery, trees and buffer areas shall be in accordance with
applicable requirements of this chapter and all other applicable Borough
ordinances. These plans shall show the location and type of any man-made
improvements and the location, species and caliber of plant material
for all planted and landscaped areas.
R. The proposed location of all drainage, sewage and
water facilities with proposed grades, sizes, capacities and types
of material to be used, including any drainage easements acquired
or required across adjoining properties. Such plans shall be reviewed
by the Planning Board Engineer with recommendations to the approving
authority. Proposed lighting facilities shall be included, showing
the direction and reflection of the lighting.
S. Such other information or data as may be required
by the approving authority in order to determine that the details
of the site plan are in accordance with the standards of the Borough
of Lavallette and all other general laws.
T. Design load.
(1) The design load shall be provided which shall include
all information necessary, including, if applicable, the number, design,
nature and location of tables, chairs, stools and other seating; number,
nature and location of doors and other means of ingress and egress
in order for the Planning Board and/or officials to determine permissible
occupancy loads for the subject site.
(2) The aforesaid design load information shall be provided
to the office of the Ocean County Fire Marshal and the appropriate
Lavallette Construction Official and such other offices and purposes
as the Lavallette Planning Board may from time to time require, simultaneously
with the submission of the site plan application.
(3) A site plan application shall not be deemed complete
until a designated occupancy load based upon the applicable fire and
other codes and provided by the appropriate official is filed with
the Borough of Lavallette Planning Board.
The approving authority, when acting upon an
application for preliminary site plan approval, may grant such exceptions
from the preliminary site plan details and design and performance
standards set forth in this chapter or any other ordinance of the
Borough as may be reasonable and within the general purpose and intent
of the provisions for site plan review and approval if the literal
enforcement of one or more of said provisions will result in exceptional
practical difficulties to or exceptional and undue hardship to the
applicant because of peculiar conditions pertaining to the land in
question.
Preliminary approval shall confer upon the applicant
the following rights for a two-year period from the date of the preliminary
approval:
A. That the general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to:
(2) Layout and design standards for streets, curbs and
sidewalks;
(3) Lot size, yard dimensions and on-site and off-tract
improvements;
(4) Any requirements peculiar to site plan approval; except
that nothing herein shall be construed to prevent the Borough from
modifying by ordinance such general terms and conditions of preliminary
approval as related to public health and safety.
B. That the applicant may submit for final approval on
or before the expiration date of preliminary approval the whole or
a section or sections of the preliminary plat.
C. That the applicant may apply for and the Planning
Board may grant extensions on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years; provided that, if the design standards have been revised
by ordinance, such revised standards may govern.
The final site plan plat shall include all data required on the preliminary site plan plat, drawn to incorporate all changes required as a condition of preliminary approval. The information and design on the final site plan plat shall be in final design condition. Applicants shall follow the same procedures as prescribed in §
53A-11A through
E. Submission of the final plat shall be accompanied by final plans and other relevant supporting materials, including the following:
A. Plans, profiles and cross sections, as appropriate,
for all new streets including all utilities and street improvements;
public utility easements, sanitary sewer plans, site grading and drainage,
including detail plans for stormwater detention facilities, as approved
by the Planning Board Engineer. Where such drainage enters the bay,
approvals by the State Department of Environmental Protection must
also be included.
B. Copies of proposed deeds of conveyance for all new
streets, sight triangles, easements, recreation parcels and/or other
land restrictions.
C. Design calculations for new sanitary sewerage and
storm drainage facilities, signed, dated and sealed by the responsible
project engineer.
Upon final approval of a site plan, the Chairman
and Secretary of the approving authority shall sign the Mylar original
and one paper print. The signed Mylar original shall be filed with
the Secretary to the Planning Board, and the paper print shall be
retained by the approving authority for its files. Immediately upon
final approval, the Secretary of the Planning Board shall forward
a copy of the approved final site plan to the Borough Tax Assessor,
the Tax Collector, Construction Official and the Zoning Officer, respectively.
Any development shall demonstrate conformance
to design standards that will encourage sound development patterns
within the Borough. Where either an Official Map or Master Plan has
been adopted, the development shall conform to the proposals and conditions
shown thereon, and shall conform to the following:
A. The applicant has submitted a complete site plan containing
all of the information and data as provided for in this chapter.
B. The details of the site plan are in accordance with
the standards of the Zoning Ordinance, Land Use Ordinance, Subdivision Ordinance, Stormwater Management Ordinance and any and all other ordinances of the Borough, which
may be in existence at the time of the application and in harmony
with the officially adopted Comprehensive Master Plan of the Borough.
[Amended 10-20-2008 by Ord. No. 2008-24 (1052)]
C. All parking and traffic problems shall be kept at
a minimum by the use of engineering design features, such as acceleration
and deceleration lanes, adequate signage, markings, etc.
D. Adequate provisions are made to prevent drainage problems
and to provide adequate water supply, drainage, shade trees, sewerage
facilities and other utilities necessary for essential services to
residents and occupants of the property subject to the application.
E. All playgrounds, parking and service areas are reasonably
screened from view of adjacent properties and streets at all seasons
of the year where necessary for the purpose of protecting the health,
safety, general welfare, comfort and convenience of the public.
F. The location, power, directions and time of any proposed
outdoor lighting will not have an adverse effect upon any properties
in any adjoining residential districts by impairing the established
character or potential use of the properties in such districts.
G. The details of the site plan for the authorized use
will be such that the operation will not offend the public interest.
H. Should a parking lot be required for any site plan,
the parking lot shall have a minimum pavement of six inches of gravel,
two inches of stabilized base course pavement and one inch of top
course pavement. Land which the Planning Board finds to be in areas
identified in the Natural Resources Inventory as having severe or
moderate soil characteristics, particularly as the land relates to
flooding, improper drainage, soil conditions, land subject to CAFRA
regulations, marshland, utility easements, or other features that
can reasonably be expected to be harmful to the health, safety and
general welfare of the present or future inhabitants of the development,
and/or its surrounding areas, shall not be subdivided, and site plans
shall not be approved unless adequate and acceptable methods are formulated
by the developer to solve the problems by methods meeting this chapter
and all other regulations.
I. Whenever a development abuts or crosses a municipal
boundary, access to those lots within this Borough shall be from within
this Borough as a general rule. Whenever access to a development is
required across land in an adjoining community as the exception, the
Planning Board may require documentation that such access is legally
established, and that the access road is adequately improved.
J. Every property in the B-1 and B-2 Districts shall
have concrete walks and pavers in accordance with the recommendation
of the streetscape plan adopted by the Planning Board. Sidewalks shall
be provided with score joints and expansion joints and shall be constructed
according to the then-current New Jersey State Department of Transportation
Specifications. Sidewalks shall be designed to allow for drainage
into landscaped areas where practical.
[Amended 10-20-2008 by Ord. No. 2008-24 (1052)]
K. Reinforced concrete aprons shall be constructed at
all driveways between the concrete curb and the concrete sidewalk.
Such aprons shall be six inches thick for residential uses and all
drives to parking areas of less than 50 spaces and eight inches for
all other uses and shall be reinforced with welded wire fabric or
an equivalent approved by the Borough Engineer. The width of the apron
at the curbline shall be not less than the width of the driveway plus
sufficient space for turning radii, but not less than 12 feet.
L. At each driveway without curb return radii, the concrete
curb and gutter shall be depressed to form a driveway opening. The
depression shall be equal in length to the width of the driveway,
but not less than 12 feet. At driveways with curb return radii, the
curb depression shall accommodate the exterior limits of the radii.
The depression shall be smoothly formed to maintain a lowered curb
face across the depression of no more than 1 1/2 inch. The bottom
of the curb shall be lowered to maintain full curb depth across the
depression.
M. Storm sewers; drainage.
[Amended 10-20-2008 by Ord. No. 2008-24 (1052)]
(1) Stormwater management strategies outlined in the Stormwater
Management Ordinance shall be utilized to the fullest extent practical.
(2) Storm sewers shall be designed in accordance with
accepted engineering practices and be subject to the approval of the
Borough Engineer.
(3) Pipes shall be considered "flowing full" at maximum
capacity.
(4) The minimum design velocities at the flowing full
condition shall be a minimum of two feet per second and a maximum
of 10 feet per second. Drainage inlets are to have a concrete invert
with pipes cut flush with walls. Inlets shall be self cleaning under
low flow conditions.
(5) All transitions in slope, horizontal direction, and
change in pipe size shall be confined to manholes, catch basins or
similar accessible structures.
N. Where appropriate, provision shall be made for sanitary
sewage in the Borough's sanitary sewer system and/or Dover Municipal
Utility Authority's sewer and treatment facility, and shall be adequate
for all present and probable future development. Sanitary sewers shall
be installed and connected in accordance with all sanitary sewer ordinances
of this Borough and its Board of Health, now or hereafter adopted,
and with the rules and regulations, where applicable, of the Ocean
County Utility Authority and New Jersey Department of Environmental
Protection.
O. Utilities shall be installed in accordance with the
rules and regulations of the Water and Electric Utilities of the Borough
of Lavallette and, where appropriate, the Board of Public Utilities
(BPU) or other utility corporations involved.
P. Appropriate street lighting shall be installed where
recommended by the Planning Board and approved by the Borough Mayor
and Council.
Q. Monuments of the size and shape required by Chapter
141 of the Laws of New Jersey of 1960, as amended and supplemented,
shall be placed in accordance with said statute.
R. No soil shall be removed from the site or used as
spoil. Soil moved during the course of construction shall be redistributed
over all areas of the site without creating drainage problems in the
neighborhood.
S. The proposed system of water supply shall be shown
and shall be one of two types: either by the Lavallette Water Utility,
or, in the event the development is in an area other than that served
by the Lavallette Utility, by a water company operating under the
Board of Public Utilities (BPU).
T. Buffers. Solid fences, six feet in height, or buffers
are required along lot and street lines of all nonresidential lots
where said property lines abut residential uses or residential zoning
district lines. Each permitted use shall provide and maintain attractively
landscaped grounds and suitable screening in order to safeguard the
character of adjacent districts. The width of the buffer area for
each particular zoning district shall be prescribed by the Planning
Board. Buffer areas shall be measured horizontally and shall be either
perpendicular to straight lot and street lines or radial to curved
lot and street lines. Buffer areas shall be maintained and kept clear
of all debris, rubbish, weeds and tall grass. No structure, activity,
storage of materials or parking of vehicles shall be permitted in
the buffer area, and all buffer areas shall be planted and maintained
with grass or ground cover, together with a dense screen of trees,
shrubs or other plant materials meeting the following requirements:
(1) Plant materials used in screen planting shall be at
least four feet in height when planted and shall be of such density
that all the glare of automobile headlights emitted from the premises
is obscured throughout the full course of the year. The plant materials
shall be of a species common to the area, shall be of nursery stock
and shall be free of insects and disease.
(2) Buffer areas shall be permanently maintained, and
plant material which does not live shall be replaced within one year
or one growing season.
(3) The screen planting shall be so placed that at maturity
the plant material will be no closer than three feet from any street
or property line.
(4) The buffer area shall not be broken unless specifically
approved by the approving authority.
U. Electric or electronic equipment shall be shielded
so that there is no interference with any radio or television reception
at the lot line or beyond the operator's dwelling unit, in the case
of multifamily dwellings.
V. Exterior lighting shall be shielded, buffered and
directed so that glare, direct light or reflection will not become
a nuisance to adjoining properties, adjoining dwelling units, adjoining
districts or streets.
W. The sound level of any operation (other than the operation of motor vehicles or other transportation facilities on public highways, operations involved in the construction or demolition of structures or emergency alarm signals or time signals) shall not exceed the levels and operations as specified within Chapter
43, Noise.
X. No materials or wastes shall be deposited upon a lot
in such form or manner that they may be transferred off the lot by
natural causes or forces, nor shall any substance which can contaminate
a stream, watercourse or underground aquifer or otherwise render such
a stream, watercourse or underground aquifer undesirable as a source
of water supply or recreation, or which will destroy aquatic life,
be allowed to enter any stream, watercourse or underground aquifer.
All materials or wastes which might cause fumes or dust or which constitute
a fire or explosion hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored indoors and enclosed in appropriate
containers adequate to eliminate such hazards.
Y. All business establishments shall have a facility
for the storage and pickup of approved materials for recycling.
No improvement shall be accepted, approved or
partially approved by the governing body unless and until all of the
following conditions have been met:
A. The Borough Engineer shall have certified in writing
that the improvement is complete and that it complies fully with the
requirements of this chapter and all other applicable laws and ordinances.
B. A maintenance guaranty is posted with the governing
body for a period of two years after final acceptance of the improvement
in an amount equivalent to 15% of the cost of the improvement, as
determined by the Borough Engineer. In the event that other governmental
agencies or public utilities automatically will own the utilities
to be installed or where the improvements are covered by a performance
or maintenance guaranty to another governmental agency, no performance
or maintenance guaranty, as the case may be, shall be required by
the Borough for such utilities or improvements.
If any section, subsection, sentence, clause,
phrase or portion of this chapter is for any reason held invalid or
unconstitutional by a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions
hereof.