A.
All applications for development, including land subdivision
and site plans, shall observe the following requirements and standards
for improvements wherever applicable to their proposal. The following
detailed requirements and standards shall be used in combination with
the accompanying design standards and apply to streets, sewers, landscaping,
parking lots and other improvements.
B.
This article also includes the Town of West New York's
requirements for on-site and off-tract improvements and for performance
and maintenance bonds. Prior to the granting of final approval to
an applicant for development, the approving board may require full
completion of all improvements as required by the Town's Engineers
or may require the applicant to furnish performance guaranties for
the complete installation of needed on-site and off-tract improvements,
as determined by the town's Engineers, in accordance with the standards,
required by this chapter, of the following.
A.
All streets shall be curbed on both sides and a concrete
sidewalk at least four feet in width and four inches in thickness
shall be constructed on both sides of all streets, except that roadways
in industrial developments need not have sidewalks installed, at the
discretion of the Planning Board. Where a subdivision adjoins an existing
street improved on one side only, the curb and sidewalk shall be constructed
on that side.
B.
All concrete curbs shall be not less than 18 inches
deep and six inches in width at the top and eight inches in width
at the bottom. The concrete shall have a compressive strength of 3,000
pounds per square inch after 28 days and shall be air-entrained. The
minimum length of blocks shall be 10 feet, with a preformed bituminous
expansion joint filler 1/2 inch thick installed every 20 feet. The
finish shall be a float finish with corners rounded.
C.
The minimum requirements for the grading, preparation
and surfacing of any street shall be as follows:
(1)
All streets shall be graded in accordance with the respective standards for longitudinal grade and crown per Article VI of this chapter.
(2)
The subbase for street construction shall be brought
to a firm, unyielding surface by rolling the entire street area with
an approved roller weighing not less than 10 tons. All soft and yielding
material and other portions of the subgrade which do not contain the
required stability, or will not compact readily when rolled or tamped,
shall be removed. All loose rock and boulders found in the earth excavation
shall be removed or broken off to a depth of not less than six inches
below the top surface of the subbase.
(3)
All holes or depressions made by the removal of materials
shall be refilled with suitable subbase material and the surface compacted
uniformly.
(4)
When unsuitable subbase material is found, it shall
be replaced, as required, with stone of not more than three inches
in the largest dimension, crushed rock or slag not less than one inch
in diameter nor more than three inches in diameter, sand or road gravel.
(5)
On top of the subbase there shall be applied Type
5 Class A quarry processed stone base material not less than six inches
in depth after ultimate compaction, on top of which shall be applied
asphaltic oil tack coat, bituminous-stabilized base course, gravel
mix not less than two inches in depth after compaction, on top of
which shall be applied asphaltic oil tack coat and bituminous concrete
type FABC-1 or SM surface course not less than 1 1/2 inches after
ultimate compaction.
D.
Where the subbase conditions of proposed streets are
wet, springy or of such nature that paving would be inadequate or
inadvisable in the opinion of the town's Engineers without first treating
the subbase. The minimum treatment of the subbase shall be made in
the following manner:
(1)
The proposed street shall be excavated to a depth
that should be a minimum of 14 inches below the proposed finished
grade.
(2)
Subbase materials as stated in Subsection C(4) above shall be placed to a depth which, after thorough compaction, shall be not less than six inches from the proposed road surface and shall be adequately compacted with the approval of the town's Engineers.
(3)
After preparation of the subbase, the surface materials
shall be applied to the subbase of the type and in accordance with
the provisions above of this article.
A.
Sidewalks shall be required in locations which are
logical extensions of existing sidewalks and at other locations at
the approving board's discretion depending on the estimated pedestrian
traffic, the street classification, the locations of schools, churches,
parks and playgrounds, bus stops, the development's location in relation
to other populated areas and the general types of improvements intended.
Where required, sidewalks shall be at least four feet wide and located
as approved by the approving board. Sidewalks shall be at least four
inches thick, except at points of vehicular crossing where they shall
be at least six inches thick, with six-inch-by-six-inch No. 10/10
welded wire fabric reinforcement concrete and driveway aprons having
a twenty-eight-day compressive strength of 3,000 pounds per square
inch, and shall be air-entrained. Where sidewalks cross curbs, curb
ramps shall be provided as outlined below.
B.
Subgrade. The subgrade for all sidewalks shall be
constructed smooth and even and at the prescribed grade. It shall
be compacted by not less than three passes of a tandem roller weighing
not less than 3 1/2 and not more than five tons, except that,
if the subgrade soil is preponderantly sand, or sand and gravel, compaction
shall be attained by not less than two passes of a vibrating soil
compactor of a type acceptable to the Engineer. Areas inaccessible
to the rollers or vibrating equipment specified above shall be compacted
by approved flat-surfaced mechanical tampers.
C.
Concrete sidewalk. After being placed, the concrete
shall be tamped, screeded and finished to true grade and surface.
The finish shall be made with a wood float, followed by brushing with
a wet soft-hair brush to a neat and workmanlike surface. Transverse
expansion joints, 1/2 inch wide, shall be provided at intervals of
not more than 20 feet and filled with preformed bituminous cellular
type joint filler. Longitudinal joints, 1/4 inch wide, shall be provided
between curbs and abutting sidewalks and shall be filled with preformed
bituminous type joint filler. The top of all joint filler shall be
1/4 inch below the top of the sidewalk. Transverse surface grooves
shall be cut in the sidewalk between expansion joints at intervals
equal to the sidewalk width. All edges shall be neatly rounded to
one-half inch. Campbell Foundry Co. Pattern No. 2501 or No. 2523,
concave grating with eight-inch curb face or equal. A concrete apron
24 inches wide and six inches thick composed of concrete having a
compressive strength of 3,000 pounds per square inch after 28 days
shall be constructed around catch basins.
A.
There shall be furnished two street signs at each
four-way intersection at diagonally opposite corners and one streetlight
at each T intersection. All signs shall be installed in locations
that will be free of visual obstruction.
B.
In business districts and on major arterial roads,
street signs shall be placed at least on diagonally opposite corners
so that they will be on the far right-hand side of the intersection
for traffic on the major street. Signs naming both streets shall be
placed at each location. They should be mounted with their faces parallel
to the streets they name.
C.
In residential districts, at least one street sign
shall be mounted at each intersection.
D.
Lettering on street name signs shall be at least four
inches high. Supplementary lettering to indicate the type of street
(e.g., street, avenue, road, etc.) may be in smaller lettering, at
least two inches high. Conventional abbreviations are acceptable,
except for the street name itself.
E.
The street name sign shall be reflectorized or illuminated.
The legend and background shall be of contrasting colors and should
have a white message and border on a green background.
F.
Streetlighting shall be provided to ensure the safety
of pedestrian and vehicular movement and the safety of property.
A.
All streets shall be provided with catch basins and
pipes for proper surface drainage. The requirements of this section
shall not be satisfied by the construction of dry wells. Storm drains
shall be located within the curblines of streets with catch basins
located at the end of curb returns wherever possible. All materials
used on projects that will eventually be owned and maintained by the
town shall be manufactured in the United States, whenever available.
B.
Catch basins shall be designed in accordance with
Type B inlet, New Jersey Department of Transportation's Standard Plans
and Specifications. Frames and grates shall be Campbell Foundry Co.
Pattern No. 2501 or No. 2523, concave grating with eight-inch curb
face or equal. A concrete apron 24 inches wide and six inches thick
composed of concrete having a compressive strength of 3,000 pounds
per square inch after 28 days shall be constructed around catch basins.
C.
Storm drain pipes shall be reinforced concrete culvert
pipe. The concrete pipe shall be extra strength conforming to American
Society for Testing and Materials Specifications C76-55 when installed
in streets, and may be reinforced concrete sewer pipe, standard strength
conforming to American Society for Testing and Materials specifications
when installed off-street. Joints shall be bell and spigot properly
caulked with jute or oakum and filled with cement mortar, or shall
be provided with a suitable rubber gasket of a type approved by the
town's Engineers and installed in accordance with the manufacturer's
recommendations. The minimum diameter of storm drain pipes shall be
15 inches.
D.
Manholes shall be either precast reinforced concrete
conforming to American Society for Testing and Materials Designation
C478-68 or designed in accordance with the New Jersey Department of
Transportation standard plans and specifications. Frames and covers
shall be Campbell Foundry Co. Pattern No. 1203 or equal.
E.
Poured concrete headwalls shall be constructed at
the point of discharge of all storm drains in accordance with New
Jersey Department of Transportation's standard plans and specifications,
and shall have a minimum twenty-eight-day compressive strength of
3,000 pounds per square inch and shall be air-entrained and reinforced.
Precast-concrete flared end sections may be installed where deemed
adequate by the town's Engineers.
F.
The minimum basis for storm drainage calculations shall be as previously specified in Article VI of this chapter. Runoff calculations should be made using the rational formula with range of runoff coefficient (c) values as previously established. Rainfall intensity (1) values shall be obtained from curves developed from United States Weather Bureau Technical Paper 40 for the required design storm. Additional standards are as follows:
(1)
Velocity in closed conduit at design flow should be
at least 2.5 feet per second but not more than the velocity which
would cause erosion damage to the conduit.
(2)
Velocity in open channel at design flow shall be not
less than 1/2 foot per second [0.5 feet per second] and not greater
than the velocity which will begin to cause erosion or scouring of
the channel. Sufficient soil testing to determine the character of
the channel shall be made by the developer and shall be made available
to the Planning Board at the time of drainage review.
(3)
The Manning Formula will be used by the town's Engineers
to review the adequacy of the proposed drainage facilities. Other
formulas may be used in particular cases with the agreement of the
Planning Board. A friction factor (n) of 0.012 will be used for nonporous
concrete pipe; a factor of 0.024 will be used for fully coated corrugated
metal pipe. Commensurate factors will be used for other pipe types
or shapes. A friction factor (n) not less than 0.025 will be used
for good earth channels and a factor of not less than 0.05 will be
used for fair to poor natural streams and watercourses. Commensurate
factor will be used for other channel types.
(4)
All drainage facilities carrying runoff from tributary
areas larger than 1/2 square mile or 320 acres must have a stream
encroachment approval of the New Jersey Department of Environmental
Protection, Division of Water Resources. Drainage facilities with
tributary areas of 150 acres or more shall also be submitted to the
New Jersey Department of Environmental Protection for review and a
determination of jurisdiction over the project. Evidence of such approvals
shall be submitted prior to obtaining final approval.
(5)
All nonpipe culverts under roadways shall be designed
for AASHO H20-44 loading. All culverts of any type shall be carried
to the roadway right-of-way and shall terminate with headwalls or
other approved end treatment. All conduits terminating or beginning
in open channels shall be provided with headwalls or other appropriate
end treatment. Riprap aprons or energy dissipation structures shall
be incorporated at all discharge points.
(6)
Responsibility for design. Based on the criteria established
by the Town of West New York and subject to the review and approval
of the Planning Board or Zoning Board of Adjustment, all designs of
a site are the responsibility of the developer, who shall be responsible
for and bear the entire cost of any and all investigations, tests,
reports, surveys, samples, calculations, designs, researches or any
other work necessary for the completion of the site design. The standards
contained in this chapter shall be considered the minimum necessary
to meet its purposes as set forth elsewhere herein. The approving
board may employ professionals in various disciplines to advise and
assist them in their determinations. Any decision of the approving
board regarding the suitability or sufficiency of any design proposal,
based on the advice of the professionals engaged and subject to the
provisions of this section, shall be deemed conclusive.
In all developments where site plan approval
is required, landscaping shall be provided on all parts of the site
that are not covered by buildings or that are not to be used as parking
or loading spaces and parking aisles, driveways or other means of
circulation. Where a nonresidential use abuts a residential zone and
in off-street parking areas, landscaping shall be provided in accordance
with the following requirements. Landscaping includes living trees,
shrubs, grass, ground cover or any other living plant that would serve
the purpose contained herein and that would specifically appropriate
for the function as well as for local topographic and climatological
conditions and have growth habits which fit the circumstances, and
of different species to protect against disease attacking all trees.
A.
The purpose of required landscaping improvements include:
(1)
The enhancement of the appearance of buildings and
other development on a site through the addition of trees, shrubs,
grass and other living plantings.
(2)
A reduction of any deleterious or nuisance effects
that a nonresidential use would exert on an abutting residential one
and/or that any more intensive use would have on a lesser one.
(3)
The improvement of the appearance of on-site parking
and loading areas by buffering and screening them.
(4)
The reduction of air pollution, glare and solar radiation
and the absorption of noise.
(5)
The regulation of wind, assistance in flood control,
prevention of soil erosion and, generally, for the protection of any
site, the development on the site and its users, and the persons and
properties that adjoin such sites.
B.
General design standards for landscaping. Landscaping
plans for all developments shall conform to the following design standards:
(1)
Foundation plantings and yard areas. The yard areas
of a site that will be used for parking, loading, driveways, parking
aisles, paths, etc. shall be landscaped with shrubs, hedges, ground
cover and trees that are appropriate for the local environment, hardy
and will require little maintenance.
(2)
Existing plantings. In all residential subdivisions
and development, the maximum number of existing trees as possible
shall be preserved. Existing healthy trees and existing plantings
on the site may be used in fulfilling the requirements contained herein.
(3)
Berms, the mounding of soil on site, either natural
or man-made, may be used to achieve level changes of grade, provided
that said berms will be properly landscaped with turf or ground cover.
(4)
Evergreen and deciduous shrubs shall have a minimum
height of three feet when planted and shall be varied. The height
of shrubs planted in a buffer area shall be measured from the ground
level around the base of the shrub to the topmost part of the shrub
after the shrub has been planted in the ground.
(5)
Deciduous trees should have at least a two-inch caliper
at planting and evergreens should be at least four feet tall.
C.
Buffer planting standards. Buffers may be landscaping,
berms or mounds that are utilized to minimize any adverse effects
or nuisances on a site and shall be provided in the following circumstances:
(1)
Contiguous buffers shall be provided when a commercial,
industrial or other nonresidential development abuts a residential
zone in order to minimize the impact of the more intensive use on
the less intensive one. The buffer shall have an uninterrupted width
of 10 feet where it abuts the residential property.
(2)
The developer shall provide plantings for the buffer
area that consist of mixed evergreen and deciduous trees, of which
at least 75% of those plantings shall be of evergreen varieties and
planted to form a screen at least six feet in height. Said landscaping
screen may be supplemented with evergreen shrubbery where the trees
do not screen the site from the ground to provide an uninterrupted
visual screen throughout the entire year within a period of two growing
seasons following the planting.
(3)
Where an area required for a buffer contains existing
growth of evergreen and deciduous trees and shrubbery, but not enough
to provide a suitable screen as required above, the existing trees
and shrubbery may remain and can be supplemented by additional evergreen
plantings to provide the required effective landscape screen.
(4)
Buffering shall be located at the perimeter of the
site to minimize glare from the headlights of vehicles, to minimize
noise, to shield the light from other structures, and the movement
of people and vehicles taking place on adjacent property and to shield
activities on the subject site from adjacent properties.
(5)
In any residential zone, any development containing
parking areas having a capacity of more than four vehicles, loading
areas and garbage storage areas shall be screened from adjoining properties
by an evergreen landscaped strip at least five feet in width.
(6)
The height of the landscaped screen shall be measured
in relation to the elevation of the edge of the parking or loading
area.
(7)
A berm may be used as part of a landscaped buffer
screen, in which case the landscaping requirements may be reduced,
provided that a suitable and attractive visual screen will be ensured.
The berm shall not be less than 10 feet horizontally. The berm design
shall be approved by the town's Engineers.
(8)
Within a buffer area, no structure shall be permitted
other than a sign, in accordance with the sign regulations of the
zone in which the property is located or a driveway serving the use
of the site.
D.
Landscaping standards for parking lots. All parking
lots, whether principal or accessory uses of land, that contain 20
or more parking spaces, shall conform to the following standards for
landscaping to improve the appearance of the lot and the site and
to screen such lots from surrounding areas. Appropriate places for
landscaping include the perimeter, walkways, at the end of bays and
in specific planting islands distributed throughout the lots.
(1)
At least 10% of a parking lot's gross area shall be
landscaped. The landscaping should be located at the perimeter, in
center islands, at the end of bays and along walkways.
(2)
Landscaping in parking areas shall be designed not
to obstruct vision of the drivers of the vehicles nor endanger the
safety of pedestrians passing the lots.
(3)
The primary landscaping materials used in parking
lots shall be a combination of flowering and decorative, evergreen
and deciduous trees. Shrubbery, hedges and other planting material
and earth berms may be used to complement the landscaping.
(4)
Landscaping and planting shall be distributed throughout
the parking lots.
(5)
On those sites where plant material exists on a parking
lot site prior to its development, such landscaping may be used if
it meets the requirements of this chapter.
(6)
Peripheral landscaping shall be provided along any
side of a parking lot of 10 or more spaces.
(7)
A landscaping strip at least five feet in width shall
be provided between the paved parking areas and abutting property
lines.
(8)
The dimensions of any planting area or planting median
shall be sufficient to provide for the protection of the landscaping
materials planted therein and to ensure healthy growth.
(9)
Landscaping facing the street shall be provided along
any side of a parking lot of 10 or more spaces that abuts the right-of-way
of any street, road or highway.
(10)
A hedge, wall, shrubs or other durable landscape
barrier of at least three feet in height shall extend the entire length
of the landscaping strip, excluding 25 feet on both sides of any driveway.
(11)
Ground cover shall consist of ivy, creeping
myrtle, pachysandra or wood chips, or other similar materials, at
least three inches deep.
(12)
All parking areas for 20 or more vehicles shall
contain grassed or landscaped island areas of at least eight feet
in width to separate rows of parking spaces. Said landscaped island
area shall contain a minimum of one shade tree for each 10 parking
spaces in the parking area.
(13)
Buffer screens around parking lots and loading
areas may be constructed of wood, cement or other fence material,
provided that not more than 25% of said fence is open. In such cases,
evergreens and deciduous trees and shrubs shall be planted inside
along the fence. Such landscaping may be omitted if it is the finding
of the Planning Board that the type of fence to be erected will be
effective as a screen and aesthetically compatible with attractive
adjoining structures.
(14)
The required height for a landscaping screen
shall be measured at the elevation of the land at the edge of the
adjacent area or structure to be buffered. In those cases where the
ground elevation of the location at which the screen is to be planted
is lower than the elevation of the edge of the adjacent area to be
buffered, the required height of the screen shall be increased in
an amount equal to the difference in elevation, or decreased in equal
amounts where the ground elevation of the location at which the screen
is to be planted is greater than that at the edge of the adjacent
area to be buffered, provided that in no case shall the required height
of any landscaping screen be reduced to less than four feet.
(15)
Sidewalks or other paved walkways shall be provided
from each parking space or area to the buildings which the parking
serves. Parking lots shall be designed as to minimize the crossing
of parking aisles. All pedestrian crosswalks shall be marked with
striping or other means to clearly identify them.
(16)
Grading areas for commercial, and industrial
uses of land that directly abut residential zones shall provide landscaped
buffer screening at least five feet wide on the perimeter of said
loading area.
E.
Standards for new plantings of trees and shrubs.
(1)
In all new developments, shade trees shall be planted
on each side of every street and in parking area islands and buffers,
where provided. All trees shall be one and 3/4 to two inches in diameter
and planted at intervals of not more than 50 feet. The shade trees
planted shall be alive at least one year after planting or be replaced.
(2)
All trees should be of nursery stock of an approved
species grown under the same climatic conditions as at the location
of the development. They shall be of symmetrical growth, free of insects,
pests and disease, suitable for street use and durable under the maintenance
contemplated.
(3)
All planting shall be done in the appropriate season
with plants in a dormant state and in conformance with good nursery
landscape practice.
(4)
All planting strips within street rights-of-way shall
be finished, graded, properly prepared and seeded or sodded with lawn
grass in conformance with the certified soil erosion and sediment
control plan for the project.
(5)
Planting holes must be a minimum of 12 inches larger
in diameter and six inches deeper than the soil ball or root mass,
excluding ground covers, and backfilled with a planting mixture incorporating
a minimum of 25% organic matter, by volume.
(6)
Trees shall be staked in the following manner:
(a)
Two stakes shall be driven a minimum of two
feet into undisturbed soil outside the planting hole.
(b)
Stakes when driven must be 1/2 to 2/3 the height
of the tree measured from ground level.
(c)
Stakes shall be a minimum of two inches in diameter
at the thick end.
(d)
Stakes shall be placed in line with prevailing
winds.
(e)
Stakes shall be attached to the tree with twelve-gauge
galvanized wire covered with rubber or plastic hose. Where wire is
likely to come in contact with a tree trunk, an alternate may be any
of the commercially available materials designed for staking trees,
with the approval of the town's Engineers. The loop in contact with
the tree shall be loose enough to permit growth and prevent girdling
for two years but shall be tightly bound to the stake to prevent slipping.
(7)
Wrapping. Each tree shall be wrapped with an expandable
paper or cloth treated to last at least one year.
(9)
Ground covers.
(a)
All planting beds must be ground covered, and
the type to used shall be noted on the site plan. Where mulches are
used, a layer of black four-milimeter polyethylene or its equivalent
must be used to reduce weed growth. The minimum required depth of
placement is four inches. An approved chemical pre-emergency nonselective
herbicide may be used in lieu of the polyethylene. The chemical to
be used must be specified on the site plan and used according to directions.
(b)
Ground covers are required in place of grass
in small, restricted areas such as tree and shrub planters.
(c)
Sod shall be used in place of seeding for more
rapid establishment and effect, except for areas exceeding two acres.
In any area exceeding two acres, at least two acres must be sodded,
the location of which is to be determined by the town's Engineers.
(d)
Ground cover areas and steep banks greater than
15% shall be planted with an approved ground cover and an approved
mulch.
(10)
Protection of existing trees and shrubs.
(a)
Trees designed to remain on the construction
site are to be protected with a physical barrier. The barrier shall
be installed before a tree removal permit will be granted and/or before
any excavation or construction is begun.
(b)
The grade of land located within six feet of
a tree shall not be raised or lowered more than six inches unless
compensated for by welling or retaining methods.
(c)
Tree wells are to be constructed around each
tree or group of trees before any grades are increased. Wells are
to be constructed of uncemented stone, block or any other suitable
material. This well should be of a minimum of three feet in diameter
for a four inches or less caliper tree from the tree trunk with the
construction starting at existing grade so as not to disturb roots
with foundation construction. For trees of more than four inches,
there shall be added one foot to the diameter for each inch caliper
measured 12 inches above the natural ground level.
(d)
Retaining wells shall be constructed around
each tree or group of trees immediately after the grade is lowered.
The retaining well is to be constructed of railroad ties, or any other
suitable material subject to approval by the town's Engineers.
(e)
Any cleaning within six feet of tree trunks
shall be done by hand. No equipment is to be placed over this area
and no building materials are to be attached against the tree or within
the area of the barrier.
(f)
No tree shall be used to support any scaffolding,
signs, temporary utility or any other device. Topsoil shall be stockpiled
in a location at least eight feet from any tree designated to remain.
F.
Types of trees and shrubs for various uses. The following
is a list of types of trees and shrubs that are considered appropriate
for the northeastern portion of the United States in Urban Planning
and Design Criteria by DeChiara and Koppelman:
All streets shall have installed water mains
not less than six inches in diameter, in strict conformance with the
rules and regulations of the Hackensack Water Company, therein for
the entire length thereof if the subdivision is located within an
area that is served or will be served in the future by a water company,
unless the requirements hereof are expressly waived in whole or in
part by the Planning Board. Fire hydrant locations shall be subject
to the review of the Fire Chief and the town's Engineers.
Monuments shall be provided in the size, dimensions
and locations in accordance with the Map Filing Law (Chapter 141 of
the Laws of 1960)[1] as follows: Monuments shall be of hard, durable material
at least three inches long. The top and bottom shall be a minimum
of four inches square. They shall be firmly set in the ground so as
to be visible at the following control points, provided that in lieu
of installation of the monuments, the town may accept a bond with
sufficient surety in a form and an amount to be determined by the
town's Engineers, conditioned upon the proper installation of said
monuments, upon the completion of the grading of the streets and roads,
shown on the map, to be located as follows:
A.
At each intersection of the outside boundary of the
whole tract, with the right-of-way line of any side of an existing
street.
B.
At the intersection of the outside boundary of the
whole tract, with the right-of-way line on one side of a street being
established by the map under consideration.
C.
At one corner formed by the intersection of the right-of-way
lines of any two streets at a T-type intersection.
D.
At any two corners formed by the right-of-way lines
of any two streets in an X- or Y-type intersection.
E.
F.
At the beginning and ending of all tangents on one
side of any street.
G.
At the point of compound curvature or point of reversed
curvature where either curve has a radius equal to or greater than
100 feet. This requirement shall be applied to only one side of a
street and complete curve data shall be shown on both sides; namely,
radius, length of curve and subtended angle.
H.
At intermediate points in the sidelines of a street
between adjacent street intersections in cases where the street deflects
from a straight line or the line of sight between the adjacent intersections
is obscured by a summit or other obstructions which are impractical
to remove.
I.
In cases where it is impossible to set a monument
at any of the above designated points, a nearby reference monument
shall be set and its relation to the designated point shall be clearly
designated on the map.
J.
In areas where permanency of monuments may be better
ensured by offsetting the monuments from the property line, the town's
Engineers may authorize such procedure, provided that proper instrument
sights may be obtained and complete offset data is recorded on the
map.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
If there is an existing system available, culverts,
storm sewers and sanitary sewers shall be properly connected with
such an approved system and shall be adequate to serve present and
probable future development as determined by the town's Engineers.
No topsoil shall be removed from the site or
used as spoil. Topsoil moved during the course of construction shall
be redistributed to provide at least six inches to all areas of the
subdivision or development site. Topsoil protection and removal, and
soil erosion and sedimentation control shall be in accordance with
the requirements of Chapter 459 of the Laws of 1979.[1]
[1]
Editor's Note: Chapter 459 of the Laws of
1979 amended the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq.
Whenever a plan contains off-street parking
and loading areas, they shall be improved in accordance with the design
standards and improvements standards for drainage, curbs, lighting
and other relevant parts, as contained herein, and the following.
A.
Surfacing shall be installed in accordance with the
standards of this chapter and shall be approved as part of the site
plan approval process. Areas of ingress and egress, loading and unloading,
major interior driveways, aisles and other areas likely to experience
similar heavy traffic shall be paved with not less than four inches
of compacted base course of plant-mixed bituminous stabilized base
course constructed in layers not more than two inches compacted thickness,
or equivalent, and a minimum of two-inch thick compacted wearing surface
of bituminous concrete (FABC), or equivalent. All shall be constructed
in accordance with the Standard Specifications of the New Jersey Department
of Transportation.
B.
Catch basins serving parking areas shall be located
at the perimeter of all on-site paved areas or curbing.
C.
Buffers shall be provided for parking and loading
areas for apartment, townhouse, commercial and industrial developments
to reduce the impact from adjoining streets and to separate them from
single-family residential zoning districts.
D.
Curbing and wheel-blocks shall be provided for off-street
parking areas containing six or more spaces, and all off-street loading
areas shall have concrete curbing around the perimeter of the parking
and loading areas and along major interior driveways. Concrete wheel
blocks shall be located in conjunction with the overall drainage plan
for the site. Curbing installed at crosswalks and bikeways shall have
barrier-free curb ramps constructed in accordance with New Jersey
Department of Treasury's Barrier Free Design Regulations, pursuant
to Chapter 220, Public Laws 1975.[1] The ramps shall be opposite each aisle and no less frequent
than one every 65 feet along the curb.
[1]
Editor's Note: See N.J.S.A. 52:32-4 et seq.
The Planning Board, when acting on applications
for preliminary or minor subdivision approval or preliminary site
plan approval, may grant such exceptions of the requirements as may
be reasonable and when the general purpose and intent of the provisions
of this chapter is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the site under review; the waivers
sought by an applicant under this section shall be made in writing.
When approving or disapproving such applications for exceptions of
requirements of this chapter, the Planning Board shall make findings
setting forth the reasons on which the Board's actions had been based
and note them in minutes of the meeting.
All of the above improvements required herein
shall be subject to inspection and approval by the town's Engineers
who shall be notified by the developer at least 48 hours prior to
the start of construction. The cost of inspection shall be borne by
the applicant in the amount of 5% of the estimated construction cost
of the required improvements. No underground installation shall be
covered until inspected and approved. Inspection by the Town of West
New York of the installation of improvements and utilities by the
subdivider shall not subject the town to claims, suits or liability
of any kind that may at any time arise because of defects or negligence
during construction or at any time thereafter, it being recognized
that the responsibility to maintain safe conditions at all times during
construction and to provide proper utilities and improvements is upon
the subdivider, developer and contractor, if any.
A.
In addition to the improvements previously enumerated
in this chapter, the protection of the public interest may require
the installation of some or all of those same improvements at locations
apart from the subdivided property which shall be referred to as off-tract
or off-site improvements, as applicable. Said improvements shall be
installed in accordance with the regulations and design standards
herein set forth and applicable to on-site and on-tract improvements.
In the event that the approving board shall determine that the protection
of the public interest requires the installation of an off-site or
off-tract improvement, it shall refer the matter to the town's Board
of Commissioners, which shall determine whether said improvement shall
be constructed by the town, as a general or local improvement, or
shall be constructed by the developer.
B.
Off-site or off-tract improvements shall include installation
of new improvements and/or extensions and modifications of existing
improvements.
C.
Prior to referral of the matter to the Board of Commissioners
of the Town of West New York, the approving board shall consider the
total cost of the off-site or off-tract improvements, the benefits
conferred upon the applicant's proposed development, the needs created
by the proposed development, population and land use projections for
the general area in which the proposed development is located and
other areas to be served by the off-site or off-tract improvements;
the estimated timing of construction of off-tract and off-site improvements
and the condition and period of usefulness, which period may be based
upon the criteria of N.J.S.A. 40A:2-22. The approving board may further
consider the criteria set forth below.
(1)
Road, curb, gutter and sidewalk improvements may be
based upon the anticipated increase in pedestrian and vehicular traffic
generated by the proposed development. In determining such traffic
increase, the approving board may consider traffic counts, existing
and projected traffic patterns, quality of roads and sidewalks in
the area and other factors related to the needs created by the proposed
development and existing and planned uses in the area, and the anticipated
benefit thereto.
(2)
Drainage facilities may be based upon the proportion
that the acreage of the proposed development bears to the acreage
of the entire drainage basin, or in areas where substantial development
by other persons have previously occurred along the natural and/or
man-made drainage courses, in the alternative, they may be based on
amount of or density of present and future uses.
(3)
Sewage facilities may be based upon the proportion
that the proposed development's total anticipated volume of sewage
effluent bears to the existing or proposed capacity of existing and
projected sewage disposal and transmission facilities, including but
not limited to sewer mains and other appurtenances leading to and
servicing the proposed development. The approving board may also consider
types of effluent and particular problems requiring special equipment
or added costs of treatment and transmission.
D.
The Board of Commissioners shall make its determination
and shall allocate the cost of such improvements as follows:
(1)
In the event that the off-site or off-tract improvement
shall benefit property in addition to the property being developed,
and such improvement is to be constructed by the town as a general
improvement, then the developer shall be required to provide, as a
condition for approval of his proposed development, a bonded guaranty,
a cash deposit or other security acceptable as to form and execution
by the town's Attorney, to insure payment to the town of an amount
equal to the difference between the total estimated cost of the general
improvement and the estimated total amount by which all properties
to be serviced thereby, including the property of the developer being
developed, will be specifically benefited by the improvement.
(2)
In the event that the off-site or off-tract improvement will benefit property in addition to the property being developed, and such improvement is to be constructed by the town as a local improvement, then in addition to the amount referred to in Subsection D(1) above, the bonded guaranty, cash deposit or other security shall also insure payment to the town of the estimated amount be which the property being developed will be specifically benefited by the improvement.
(3)
In the event that the off-site or off-tract improvement
benefits only the property being developed, then the developer shall
be required, as a condition for approval of his development application,
to install and complete said improvements as part of his development
plan in accordance with the requirements of this chapter generally
applicable to on-site and on-tract improvements.
(4)
The cost estimates previously referred to shall be
made by the approving board with the aid of the town's Engineers and
such other persons possessing pertinent information of expertise as
may be designated by the Planning Board.
(5)
Properties shall be deemed to be specifically benefited
to the extent that the installation of the off-site or off-tract improvement
increase the value of such properties for any lawful use to which
they are or may be put, after deducting the amount the owners of such
properties may reasonably be anticipated to expend to obtain the use
of such improvement.
(6)
In the event that the developer's share of the cost of the off-site or off-tract improvement is to be calculated in accordance with either Subsection D(1) or (2) above, and such improvement is to be constructed by the developer, then subsequent to the completion of the construction of such improvements, he shall be partially reimbursed for the cost of construction in accordance with the allocation of costs as set forth in Subsection D(1) and (2) above, as applicable. Such improvements shall be completed prior to the granting of final approval where the public health, safety or welfare required, unless the developer shall have provided performance and maintenance guaranties in accordance with the requirements of this chapter generally applicable to on-site or on-tract improvements.
(7)
As nearly as may be practicable, the approving board
shall endeavor to allocate the developer's cost of off-site and off-tract
improvements at the time that preliminary approval is granted. Nothing
contained herein, however, shall be deemed to prevent the approving
board from allocating the developer's costs of off-site and off-tract
improvements at the time of final approval as a condition of final
approval.
E.
Any performance guaranty provided in accordance with
the requirements of this section shall be conditioned upon the completion
of the required improvements and for the repair of any damage caused
by the owner or developer to any property, public or private, during
the installation of said improvements and the inspection and acceptance
of the same by the town's Engineers. The release of the developer
from a performance guaranty, including the provision by the developer
of a maintenance guaranty upon completion of all improvements, shall
be governed by the standards set forth for other improvements contained
in this chapter.
F.
Upon completion of the off-site or off-tract improvement,
and prior to acceptance thereof, the approving board shall determine
the actual cost of the improvement. The developer shall be reimbursed
for any amount paid which shall be determined in excess of his appropriate
share of the cost of such improvement.[1]
[1]
Editor's Note: Former § 358-51, Performance guaranties
and maintenance bonds, which immediately followed this subsection,
was repealed 7-13-2022 by Ord. No. 12/22.
