A. 
Where an Official Map or Master Plan has been adopted, the development shall conform to said map or plan.
B. 
Suitability of lots. Any lot(s) or portions of a lot which, in the judgment of the approving authority, are undevelopable or in some manner may create or generate conditions inimical to the public health, safety, morals or welfare may be denied either subdivision or site plan approval, in whole or in part. The reason(s) for denial shall be related to such matters as, but not limited to, deficient street access or street design standards such as grade, width or construction standards; improper drainage; noncompliance with Pinelands, soil erosion, wetlands, stream encroachment, or flood hazard requirements; insufficient lot area, lot dimensions, buildable area, or setbacks; inadequate water or sewer service; insufficient on-site traffic circulation, parking or loading; insufficient stormwater control; or conditions related to unsafe sight distances, hazardous or toxic materials, air/water/ground pollution or excessive off-site impacts related to lights, noise, odors, traffic congestion or unsafe ingress and egress. Where one or more lots in a subdivision are denied or where development plans for portion(s) of a lot are denied, those areas shall be redesigned to either serve some other permitted activity or use or be attached to an approvable lot, or be deed restricted to open space until the deficiencies are remedied.
C. 
Plats straddling Borough boundaries. Access to lots within the Borough shall be from within the Borough. New lots shall also use the Borough boundary as the lot line to avoid new lots straddling the boundary.
D. 
All work and material shall be in accordance with the Standard Specifications of the New Jersey Department of Transportation, latest edition.
A. 
Apartments and townhouses shall have site plan approval and be served by public water and sanitary sewers.
B. 
Each overall development shall have a compatible architectural and landscaping theme with variations in design to provide attractiveness to the development. Each project shall specify how each of the following considerations has been incorporated into the overall plans: landscaping and natural features such as wooded areas, drainage courses, soil conditions and topographic relief. The plans shall indicate how building design features have been considered and selectively used within the project such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing roof lines and floor designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singly or in combination.
C. 
The configuration of structures may be any alignment that meets the yard requirements and does not exceed a length of 200 feet when measured through the center line of the building. Any passageway between two structures which has a roof attached to both structures shall be included in calculating these lengths. Townhouse structures shall have not less than three nor more than eight units in one overall structure.
D. 
No dwelling unit shall have a living area lower than the finished grade along the front of the structure, except that on side hill locations the number of stories above ground on the uphill side shall not exceed two with a third story permitted above ground on the downhill side. The height of the building measured from the foundation on the downhill side shall not exceed 40 feet.
E. 
All required open space shall be improved for the purposes intended as shown on the plan.
F. 
The location of any recreational facilities shall consider the proximity of structures, type of recreational facility, noise level and evening illumination which may create nuisances for residents. The periphery of any recreation area shall be no closer to a residential structure than the minimum yard for that structure.
[Added 10-4-2010 by Ord. No. 2010-12]
A. 
Applicability. This section shall apply to all buildings located in the Central Business District (C-1) and to any building located in an Institutional District (INST) fronting on the White Horse Pike between Berlin-Cross Keys Road and Taunton/E. Taunton Avenues, collectively called the CBD in this section.
B. 
Purpose. The CBD is the traditional center of commerce in Berlin Borough and is the location of municipal government and other important institutions. As is common with other traditional centers, it was developed over time into a compact, pedestrian-oriented shopping district. This is contrasted with the highway-oriented commercial development developed at a later period along Route 73 and other portions of Route 30. The CBD has a unique character that with inappropriate development or redevelopment will result in unproductive and ineffective land use. The design guidelines have two purposes. The first is to underscore and reinforce the existing character of the district. This section acts as a guide for applicants to ensure that new construction and the rehabilitation of buildings and structures occur in a manner consistent with the character of the CBD. Second, it functions as a business development tool to assist in the preservation of property values, prevention of blight and community support for its improvement.
C. 
General principles of the CBD design standards.
(1) 
New development shall resemble existing buildings in the district in terms of roof shape, massing, orientation, proportion, scale, and rhythm of openings (including, but not limited to, windows, doors, and vents).
(2) 
Buildings, unless they are institutional buildings, shall be located at or near the front property line.
(3) 
Parking lots shall be located to the rear of buildings or appropriately screened side yards. Common parking lot cross-easements among property owners in a block are encouraged. Pedestrian connections from the parking lots to the White Horse Pike are encouraged. Rear entrances from parking lots for customers are encouraged.
(4) 
The exterior of buildings shall be clad in traditional building materials as indicated under Subsection E, Building materials, below.
(5) 
Street and site furnishings shall be incorporated into developments within the Central Business District, such as flower boxes, arbors, planters, benches, and waste receptacles.
(6) 
Where construction within the right-of-way occurs, the completed work shall match the streetscape elements as constructed in front of Borough Hall.
D. 
Prohibited design elements. The following design elements shall not be used in the CBD:
(1) 
Arcades.
(2) 
Colonnades.
(3) 
Galleries.
(4) 
Porte cocheres.
(5) 
Any drive-through that accesses the White Horse Pike directly.
E. 
Building materials.
(1) 
Of the total amount of glass on the first-story facade, a minimum of 85% shall be transparent. The remaining 15% may be transparent or nontransparent glass. Reflective glass shall not be used.
(2) 
Recommended materials (other than glass) include metal, brick, stone, stucco, and wood trim. Precast stone may be used for the window or door architrave or below the first-floor fenestration or watercourse. Materials shall be highly durable, attractive, and easily maintained, especially at street level where pedestrians may come into contact with the building. Exterior materials shall not create glare.
(3) 
Discouraged materials include vinyl siding, pressed wood siding, and exterior insulated finishing systems (EIFS, or synthetic stucco).
(4) 
Materials shall not cover over the original architectural features of the building.
F. 
Facade articulation.
(1) 
A minimum of 35% of each upper story shall be windows.
(2) 
Large unarticulated walls are discouraged, and shall have a window or functional public access (such as a door or passageway) at least every 10 feet. Facades exceeding 50 feet in length shall be visually broken down into bays through the use of architectural elements such as pilasters, reveals, or other three-dimensional surface modulations.
(3) 
Building facade designs shall respect the historical context of the White Horse Pike. Designs shall be contextual to adjacent buildings, including their cornice lines and horizontal banding. The use of traditional facade components is encouraged and includes parapet caps, cornices, transoms, awnings, mansard roofs, storefronts, kick plates, recessed entries, and sign bands.
(4) 
The articulation of the facade shall be designed to appear more vertical than horizontal. This shall be expressed in architectural elements such as joints, projections, recesses, openings, windows, etc. Windows shall be proportioned to appear vertical, even when combined to form horizontal bands.
(5) 
Building corners that face an intersection shall strive for a distinctive form and a high level of articulation.
(6) 
A minimum of 60% of the first-story facade for retail sales and service uses and 40% of office uses shall be windows. First-story windows shall be located a maximum of three feet above the adjacent sidewalk excepting institutional and residential uses.
(7) 
Windows shall be used to display products and services and maximize visibility into storefronts. Windows shall not be obscured with elements that prevent pedestrians from seeing inside.
(8) 
The level of architectural detail shall be most intense at street level, within view of pedestrians on the sidewalk. Examples of detail include relief in building materials to create shadows, decorative elements such as moldings, and textured building materials.
(9) 
If ceilings must be lowered below the height of ground-level windows, provide an interior, full-height, three-foot minimum deep space immediately adjacent to the window before the drop in the ceiling. This space may be used to form a display zone at the storefront to establish an area for unique merchandising.
G. 
Building entrances.
(1) 
Building entrances shall be emphasized with architectural features, changes in the roofline, different massing, or unique materials and finishes.
(2) 
Street addresses shall be clearly displayed with numbers that are a minimum of four inches high. Numbers greater than six inches high must comply with all applicable sign regulations.
(3) 
The primary pedestrian building entrances shall be located along the street front. For buildings that front on two streets, the primary pedestrian entrances shall be located along the White Horse Pike or the corner if the building is located at an intersection. Loading and service entrances shall be located to the side or rear of a building.
(4) 
Building entries shall be at grade.
(5) 
The use of solid, roll-down security grates is discouraged. Alternatives to solid roll-down grates include ornamental wrought-iron doors, interior roll-down grates, or other security devices that can be completely concealed during regular business hours.
(6) 
Doors shall be at least 50% transparent.
H. 
Awnings, mansard and pent roofs.
(1) 
Retractable and fixed awnings shall be affixed to the building a minimum of eight feet above grade but at no point less than seven feet six inches in height.
(2) 
Mansard/pent roofs shall be a minimum of nine feet above grade at their lowest point.
(3) 
Awnings and mansard/pent roofs may extend into the right-of-way three feet.
(4) 
Awnings and mansard/pent roofs must be mounted and supported by the building. No portion of the projection may touch the ground.
(5) 
Use of one long awning or mansard/pent roofs across more than one building is encouraged.
(6) 
Awnings should be designed with a straight slope from their attachment to the building combined with a shorter vertical section. Curved awnings should not be used.
(7) 
Attached signs may be placed on the lower portion of mansard or pent roofs, provided their location is in between the first and second story or between the first story and parapet/cornice line of the building.
(8) 
Awnings shall be constructed of metal, canvas, or fire-resistant acrylic in a matte finish.
(9) 
Mansard/pent roofs should be constructed in accordance with the following illustration:
I. 
Building lighting.
(1) 
Where buildings are renovated with mansard/pent roofs, lighting shall be installed in the soffit to illuminate the sidewalk and building entrances. Other building-mounted light fixtures shall not extend more than 24 inches beyond the building facade. If a fixture projects more than six inches from the building facade, a minimum ground clearance of eight feet above grade shall be maintained. Fixtures shall be mounted no lower than five feet above grade.
(2) 
Light fixtures shall be shielded to prevent glare for pedestrians, motorists, adjacent businesses, residents, or tenants.
(3) 
The use of moving, blinking, or strobe lights is prohibited.
(4) 
The combined minimum luminance level for the sidewalk area is 0.4 footcandles, based upon a luminance uniformity criterion of a ratio of 3:1, average: minimum footcandles. This uniformity ratio applies only to horizontal footcandle levels on the walkway.
J. 
Fences, railings and walls.
(1) 
Fences, railings, and walls are discouraged along the White Horse Pike except to screen surface parking lots and unimproved lots, to protect pedestrians against grade changes, and to delineate a private forecourt.
(2) 
Fences and railings shall be a minimum of 36 inches and a maximum of 42 inches tall, except as may be required by the Barrier Free Sub-Code (N.J.A.C. 5:23-7).
(3) 
Fences, railings, and walls shall be constructed of metal, brick, stone or wood. Plastic and chain-link fences are discouraged.
(4) 
Fences, railings, and walls shall be designed to complement the adjacent architecture through the use of similar materials, colors, finishes, and architectural details.
(5) 
Fences shall be a minimum of 70% open.
(6) 
Solid walls shall be a minimum of 30 inches and a maximum of 36 inches tall, except for piers. Piers shall be a minimum of eight inches and a maximum of 12 inches taller than the rest of the wall.
(7) 
A masonry wall is the preferred method of concealing parked motor vehicles. The following detail shall be followed unless the Planning Board approves an alternate design:
(8) 
Walls within the CBD may be placed with their outer edge on the right-of-way line but in no instance shall be located within any clear sight distance requirement. The preferred treatment at corners is to indent the wall at 90° to the right-of-way line to avoid interference with motorists' vision. An additional acceptable means is for the solid portion of the wall to be 30 inches or lower in height with an eighteen-inch-high wrought iron or equivalent fence on top of the wall, provided that the fencing is 90% open.
K. 
Site furniture.
(1) 
Site furniture located in private outdoor spaces contiguous with the right-of-way (i.e., recessed entries) is restricted to planters and pots, public art, tables and chairs used for outdoor cafes, and tables used for outdoor merchandise.
(2) 
The design and material must complement the building or storefront architecture and the context of the design.
(3) 
Pots, planters and public art may not block visibility or pedestrian access to storefronts or building entrances and shall be movable for periodic maintenance.
(4) 
All exterior site furniture shall be durable. Treated wood is discouraged, and any plastic shall be high density and of superior quality.
(5) 
Site furniture shall not damage streetscape materials, such as pavers or landscaping, in any way.
L. 
Sidewalk and pedestrian circulation.
(1) 
Whenever an application for development requires the reconstruction of a sidewalk within the right-of-way, the following detail shall be followed unless the Planning Board approves an alternate design:
(2) 
Pedestrian walkways shall be provided between all commercial buildings. Such walkways may be brick, edged in brick, exposed aggregate concrete, patterned concrete, or a combination of these. The color of concrete sidewalks shall match the color of the closest existing sidewalk.
(3) 
Parking lots and pedestrian walkways shall be designed as attractive elements of the site by their own right with the use of trees, landscaping, pedestrian walkways, and various building materials and textures.
(4) 
Sidewalks shall be connected where there are gaps or missing links.
(5) 
Locations for the parking of bicycles shall be provided at the direction of the Planning Board where there is anticipated use within the community.
M. 
Utilities and equipment screening.
(1) 
Mechanical equipment located on the ground is discouraged on the White Horse Pike side of a building. Such equipment shall not be visible from the White Horse Pike right-of-way.
(2) 
Mechanical equipment located on the ground shall be screened by a structure that complements the design of the building through the use of similar materials, colors, finishes, and architectural details.
(3) 
Mechanical equipment located on the roof of a building shall be screened by a structure that complements the design of the building through the use of similar materials, colors, finishes, and architectural details.
(4) 
Elevator penthouses shall be screened by a structure that complements the design of the building through the use of similar materials, colors, finishes, and architectural details.
N. 
Landscaping. In addition to the requirements of §§ 335-45 and 335-77C for street trees and the landscaping of parking lots and sites, the lower portion of vehicles shall be visually blocked from view from public rights-of-way. Landscaping may be required in front of any wall used for the screening of parking lots or unimproved lots or behind the wall to provide additional screening of parked vehicles at the direction of the Planning Board.
O. 
Loading dock screening.
(1) 
Loading docks are prohibited on the White Horse Pike side of any building, but are allowed on cross streets. On these streets, the width of the street frontage necessary for loading docks shall be minimized.
(2) 
Loading docks shall be screened from pedestrian view. Opaque doors or gates shielding the loading docks from view are required.
P. 
Site-specific standards. The following illustrations shall be utilized in the review of facade improvements to the CBD. Developers required to submit an application for development in the CBD shall conform to the standards specific to the block, lot and street addresses as indicated on the illustrations or shall propose an alternative design that is consistent with the intent and purpose of this section as determined by the Planning Board. In the event that the illustrations do not depict existing conditions, the applicant shall propose a building design that meets the intent and purpose of this section and standards herein.[1]
[1]
Editor's Note: The design standards illustrations are included at the end of the chapter.
A. 
The purpose of this section is to provide two methods of preserving land for private open spaces, common property, conservation areas, floodplains and/or a variety of public uses such as school sites, recreation areas, parks and other public purposes. These areas are able to be created by permitting a reduction in lot sizes without increasing the permitted number of lots or dwelling units. In cluster designs, all lots are reduced in size and concentrated in selected areas in order to generate other areas that are to be dedicated to open space and retained in common ownership. In lot size averaging, some lots are reduced in size while others are increased in size in order to maintain the average lot size required in the zoning district. Under lot size averaging, none of the lots created is intended for common property, but one or more of the larger lot(s) can be for open space or public purposes and/or provide a mix of lot sizes to serve the permitted uses.
B. 
Developments using either cluster or lot size averaging may be approved in accordance with the following standards where cluster and lot size averaging are permitted under the zoning regulations:
(1) 
All uses shall be connected to public water and sanitary sewer systems.
(2) 
The maximum number of lots or dwelling units or gross floor area shall be as set forth for the zoning district(s) in which the property is located. The number of permitted lots and dwelling units shall be determined by the applicant first preparing a concept plan for a standard subdivision design (noncluster or nonlot size averaging design) where the lots all conform to the requirements of the zoning district in which it is located and the layout provides proper access and avoidance of wetlands and similar constraints on the property. Once the concept plan for a standard design is accepted, the number of lots and dwelling units is to be counted. Using that number of lots and dwelling units, the applicant may then redesign the project under either the cluster or lot size averaging requirements. In the event that the number of lots and dwelling units cannot be agreed upon in a concept plan, the applicant may proceed with the more detailed preliminary plat for the standard subdivision design. After the preliminary plat design, the number of lots and dwelling units can be counted and thereafter the applicant may proceed with the cluster or lot size averaging design using that number of lots and dwelling units.
(3) 
When using cluster zoning, the minimum percent of the total tract to be set aside for either open space, common property or public areas, excluding street rights-of-way and stormwater basins up to the top of berm, shall be 25% of the original tract.
[Amended 5-4-2006 by Ord. No. 2006-6]
C. 
Lands offered to the Borough shall meet the following requirements:
(1) 
The minimum size shall be three acres with no dimension less than 250 feet.
(2) 
The property shall be an integral part of the development located to best suit the purpose(s) for which it is intended, and its primary access shall be from a public street which abuts at least 30% of the perimeter of the lot.
(3) 
Every parcel accepted by the Borough shall be conveyed by deed at the time of final plat approval.
(4) 
Lands offered to the Borough shall be subject to approval by the governing body or school board after recommendation by the approving authority. The approving authority shall be guided by the Master Plan, the accessibility and potential utility of such lands to serve the intended purpose and such existing features as topography, soils, wetlands and tree cover as these features may enhance or detract from the intended use of lands. The approving authority may request an opinion from other agencies or individuals as to the advisability of accepting any lands being offered.
All work and material shall be in accordance with the Standard Specifications of the New Jersey Department of Transportation, latest edition.
A. 
Monolithic concrete curb and gutter or concrete curb, as directed by the approving authority, shall be installed along every street within the development and along all abutting existing roadways where curbing does not exist. Curbs shall be set in accordance with approved lines and grades. Radial curbs shall be formed in an arc segment on a smooth curve, except as set forth in Subsection D below. Chord segments are prohibited. Standard sections shall be 10 feet in length. An applicant may submit an alternative curb design using Belgian block, provided that the design is consistent with the requirements of this section. Details of a Belgian block curb alternative shall be submitted for review and approval by the Engineer and acceptance by the approving authority.
B. 
At street intersections and all other locations designated by the approving authority, ramps for bicycles and/or wheelchairs shall be provided in accordance with the Design Standards for Curb Ramps for the Physically Handicapped, prepared by the New Jersey Department of Transportation.
C. 
Materials. All work and material shall be in accordance with the Standard Specifications of the New Jersey Department of Transportation, latest edition.
D. 
Methods of construction.
(1) 
Joints; concrete curb and gutters. 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 compression material 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. Dummy joints shall be provided at alternate twenty-foot intervals.
(2) 
Concrete work in cold weather. No concrete shall be poured between December 1 and March 1 of each year without the prior expressed permission of the Engineer. Where such written permission is obtained, the Engineer shall specify the appropriate procedures to be followed from the State Specifications, which requirements shall also apply from March to November in cold weather conditions.
(3) 
Concrete curb. Concrete curb shall be constructed in accordance with Division 5, Section 5, of the State Specifications, except that the mixture shall be as designated in these specifications. True joints shall be placed on curb at twenty-foot intervals. Backfilling for curbs shall be made within 72 hours after construction. Curb dimensions shall be six inches wide at the top, nine inches wide at the bottom and 18 inches deep. Unless otherwise required by the Engineer, the reveal shall be six inches, except at driveways where a one-and-one-half-inch reveal shall be used. Where the curb is to be constructed along lines having a radius of 250 feet or less, securely anchored curved forms shall be used. Multiple ten-foot-long tangent straight forms will be permitted for curved curb where the radius exceeds 250 feet, provided that the ends of the tangent are finished to prevent the appearance of sharp angles. At street intersections the curb corners shall have a minimum radius of 25 feet unless conditions are such that a minimum radius of 25 feet is not practical. Curb radii shall be 30 feet for collector streets and 35 feet for arterial streets. Where such conditions may occur, the owners shall obtain written permission from the Engineer to decrease the radius. All curbing shall have depressed radii to accommodate handicapped persons.
[Amended 5-4-2006 by Ord. No. 2006-6]
A. 
Residential site improvement standards. As part of and as a condition for approval for each application for all development or site plans, other than applications for variances, signs, minor site plans, and conditional uses, the applicant shall comply with the residential site improvement standards promulgated at N.J.A.C. 5:21-7.1 through 5:21-7.6, as amended, and except as otherwise listed herein.
B. 
General.
(1) 
Over-the-sidewalk, under-the-sidewalk and/or through-the-curb drains for the purpose of disposing sump pump runoff is prohibited. These facilities must outlet into an adequate watercourse or drainage system.
(2) 
The developer shall be responsible for acquiring all state and/or federal permits related to stream encroachment, wetlands, etc. as may be necessary for the project and for providing the appropriate municipal agencies copies of the approvals and permits.
C. 
Underdrains.
(1) 
Where perimeter underdrains are required, they shall be connected into a sump pit approved by the Borough Engineer and piped to a storm drainage system or shall be tied into a separate underdrain system. In no case shall perimeter underdrains be tied into the underdrain beneath the sanitary sewers nor to the sanitary system.
(2) 
Where sump pumps are used on individual lots, they shall discharge into a pipe which shall run from the structure to the underdrain or drainage system in the street. A sump pump may only be used to supplement the underdrain system around the structure. No underdrains in streets shall be less than six inches in diameter. The size of the underdrains shall be increased not less than 10% in cross-section areas for each 1,000 feet of longitudinal drain. Cleanouts shall be provided at all changes in line or grade; however, the distance between cleanouts shall not exceed 400 feet. Cleanouts in paved areas shall have a traffic-bearing cover. In no case shall cleanouts be permitted in sanitary manholes. One cleanout with a screw-type cap shall also be provided in each basement floor to drain to the underdrain in the street. Underdrains in the street shall be separated from the sanitary sewer by a horizontal and vertical distance of at least one foot zero inches.
D. 
Pipes.
(1) 
Materials shall comply with the residential site improvement standards except in nonresidential developments, where the materials listed below shall be used:
(a) 
Reinforced concrete pipe. Reinforced concrete pipe shall conform to the requirements of the American Society for Testing Materials Specifications, as amended. Unless otherwise specified herein, reinforced concrete pipe shall be Class III, Wall B. Where a cover of a pipe is less than two feet, Class IV pipe shall be required.
(b) 
Concrete. Four-thousand-pounds-per-square-inch concrete conforming to the requirements set forth elsewhere herein shall be used for the construction of concrete cradles and in making connections to existing drainage structures.
(2) 
Methods of construction shall be in accordance with NJDOT requirements, latest edition.
E. 
All major bridges and culverts shall be designed for one-hundred-year-storm flow capacities.
F. 
Land designated as a flood hazard area shall not be designed for residential occupancy nor for any minimum yard areas nor for any other purpose which may endanger life or property or aggravate the flood hazard. Such land shall be considered for open spaces, extended yards or other similar uses in accordance with the floodplain regulations.
G. 
Where any development is traversed by a watercourse, a drainageway or drainage system or a channel or stream, a drainage easement shall be provided and dedicated to the Borough conforming substantially with the lines of such watercourse with such further width as will be adequate to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the Borough. A minimum of 15 additional feet beyond the bank top on at least one side of the drainage easement shall be provided for access to the drainage easement. The easement shall meet the minimum widths and locations shown on any adopted Official Map or Master Plan or as required under § 335-41, Easements.
H. 
Lots shall be graded to secure proper drainage away from the buildings. Additionally, drainage shall be provided in a manner which will prevent the collection of stormwater in pools or other unauthorized concentrations of flow, and, to the greatest extent possible, water shall not flow across adjacent property lines.
I. 
Stormwater management features and structures.
(1) 
The submitted drawings are to show all topographical features and structures downstream of all basin discharges for a sufficient distance to elevate the impact of discharge.
(2) 
Outfall structures shall be designed for easy access for maintenance.
J. 
Approval of drainage structures shall be obtained from the appropriate municipal, county, state and federal agencies and offices. Final approval shall not be effective until letters of approval from the proper governmental authorities are furnished to the secretary of the approving authority with a copy of each letter forwarded to the Borough Engineer.
K. 
When required by the Borough and as indicated on an approved development plan, a drainage right-of-way easement shall be provided to the Borough where the tract or lot is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream. The drainage right-of-way easement shall conform substantially to the lines of such watercourses and, in any event, shall meet any minimum widths and locations as shown on any adopted Official Map or Master Plan. Such easement shall be expressed on the plat as follows: "Drainage easement granted for the purposes provided and expressed in the Zoning Ordinance of Berlin Borough."
L. 
All construction shall be in accordance with the construction standards promulgated by the Borough Engineer.
M. 
Developments and site plans that are granted variances or exceptions from the stormwater management design and performance standards shall be required to perform off-site improvements for the purposes of increasing water quality, increasing groundwater recharge, and/or reducing flooding. The effect of off-site improvements shall be equal to or greater than the shortfall granted as a variance or exception, as determined by the Planning Board. The off-site improvements shall be performed within the same HUC-14 zone as the proposed development or site plan. If no off-site improvements are necessary within the same HUC-14 zone, then off-site improvements shall be in another HUC-14 zone within the municipality. The list of HUC-14 mitigation plans is available through the Planning and Zoning Department. In order to grant a variance or exception, the Borough must submit a written report to the Camden County Stormwater Management Coordinator and the NJDEP Division of Watershed Management describing the variance or exemption and the required mitigation, in accordance with N.J.A.C. 7:8-4.6.
See also § 335-53, Off-street parking and loading, and § 335-62, Sight triangles. No driveway shall be constructed or maintained which does not meet the following regulations, except that access to a state highway shall be subject to NJDOT approval in accordance with the State Highway Access Management Code:
A. 
The entrance to the street shall be at an angle between 75º and 105º with the intersecting street.
B. 
The portion of the driveway between the street right-of-way and the cartway (including the apron and sidewalk) shall be paved with concrete (four-thousand-two-hundred-pounds-per-square-inch strength and six inches thick).
C. 
Curbing shall be either depressed at the driveway or have the curbing rounded at the corners with the driveway connected to the street in the same manner as another street.
D. 
The grade of a driveway shall not exceed 10%.
E. 
Driveway pavement widths, exclusive of any parking bay, turnaround and curb return, shall be as follows:
Minimum Width
(feet)
Maximum Width
(feet)
Industrial
25
40
Commercial
25
40
Multifamily
25
35
One- and two-family
10
20
Public and quasi-public
25
35
F. 
The minimum distance to street intersection shall be 50 feet.
G. 
There shall be a maximum of one driveway per single-family lot unless the lot is greater than 150 feet wide, in which case the maximum is two driveways. Nonresidential uses shall be limited to no more than two to any one street, and they shall be at least 300 feet apart and located no closer than 200 feet to a street intersection or adjacent property line.
H. 
Driveways shall be located the following distances from lot lines other than street rights-of-way, except that where two lots share a driveway, the driveway may either abut or overlap the common lot line:
(1) 
Single-family and two-family lots:
(a) 
Five feet for lots with widths greater than 50 feet.
(b) 
Zero feet for lots with widths of 50 feet or fewer.
(2) 
Other residential: 20 feet.
(3) 
Nonresidential: 20 feet.
I. 
Residential driveways exiting onto collector and arterial streets or streets with posted speeds above 25 miles per hour, shall have a turnaround area on site so vehicles can exit onto the street in a forward direction and will not back out onto the street.
J. 
Driveways to nonresidential sites are to be constructed to accommodate the type and frequency of expected delivery vehicles. Where the type of vehicle is not known, the WB-50 design vehicle (i.e., tractor-trailer with a fifty-foot wheelbase) shall be used.
A. 
All easements affecting the property which is the subject of an application for development shall be plotted on the preliminary and final plat and shall be clearly labeled as to the type of easement. These may include, but are not limited to, easements for shade trees, wetlands, wetland transition areas, drainageways, streams, flood hazard areas, conservation, cross easements for access, walkways, utilities, sight triangles and stormwater management.
B. 
Utility and drainage installations not located in public or utility rights-of-way and all easements shall be located along side and/or rear lot lines where possible. Such easements shall be of sufficient width to accommodate the facilities, including access and work space for maintenance vehicles. No easement, for whatever purpose, shall be less than 15 feet in width.
C. 
The removal of trees and ground cover shall be prohibited in a conservation easement or floodplain, except for the following purposes: the removal of dead or diseased trees, limited thinning of trees and growth to encourage the most desirable growth and the removal of trees to allow for structures designed to impound water or areas to be flooded as a result of the creation of ponds or lakes.
D. 
All easements shall be dimensioned to allow an accurate location of the easement. Each type of easement shall be identified in a note on the plat as to the purposes, restrictions and conditions applicable within the easement, which language shall be placed in each property deed.
E. 
Internal grading of a lot as by swale, berm or other topographical feature designed to intercept or direct waters shall either be designated as an easement on the plat or be dedicated by recorded instrument in such a way as to notice future owners of said easement and ensure continued maintenance of the drainage feature.
A. 
Fire hydrants shall be installed along all streets as shown on the approved preliminary plat and as approved by the Borough Fire Marshal and/or Fire Department.
B. 
Fire hydrants shall be as manufactured by the Mueller Valve Companies, or equivalent. Operating and cap nuts shall be one-and-one-half-inch pentagons. They shall be equipped with two hose nozzles and one steamer nozzle, size and threads to be in accordance with local fire company requirements. They shall have a provision for a six-inch connection to the main. The minimum valve opening for the hydrant shall be 4 1/4 inches.
Also see the sections entitled "Drainage," "Easements," "Soil erosion and sediment control" and "Stormwater runoff" in Article V.[1]
A. 
Where state or federal agencies have or will publish any reports which clearly delineate by contours the one-hundred-year flood hazard design elevation of a watercourse, said report shall be the officially delineated flood hazard area as if said report were published in this chapter. Where no such delineation has been mapped, the one-hundred-year floodplain shall be as delineated by a developer's engineer and approved by the Borough Engineer and the New Jersey Department of Environmental Protection, Division of Water Resources.
B. 
On any lot containing a floodway or a flood-fringe on which it is proposed to regrade and/or construct an improvement, the regrading and/or construction shall not be permitted unless the proposed development and use are permitted by this chapter, plat approval has been granted and the required permit has been issued by the New Jersey Department of Environmental Protection, Division of Water Resources.
[1]
Editor's Note: See §§ 335-39, 335-41, 335-63 and 335-64, respectively.
A homeowners' association may be established to own and maintain common open space and other common property designed within a development. If established, the organization shall incorporate the following provisions:
A. 
Membership shall be mandatory by all property owners, condominium owners, stockholders under a cooperative development and other owners of property or interests in the project. Membership responsibilities shall be in writing between the organization and each member in the form of a covenant with each agreeing to liability for a pro rata share of the organization's costs.
B. 
The organization shall be responsible for liability insurance (with the Borough carried as a named insured), taxes, maintenance and any other obligations assumed by the organization and shall hold the Borough harmless from any liability. The organization shall not be dissolved and shall not dispose of any common open space or common property by sale or otherwise, except to an organization conceived and established to own and maintain such open space or property for the benefit of such development. 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 Borough.
C. 
The organization shall be allowed to adjust the assessment upon each member's property in order to meet changing needs.
D. 
The organization shall clearly describe in its bylaw the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and articles of incorporation of the organization. The master deed shall state that every tenant and property owner shall have the right to use all common properties. These rights and obligations shall be set forth as a condition of approval and shall be submitted to the approving authority prior to the granting of final approval. These documents shall contain a clause indicating the rights of the Borough to maintain common properties at the expense of the property owners as set forth in Subsections E and F below.
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 that such organization shall fail to maintain the common open space or common property in reasonable order and condition, the Borough Council 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 in reasonable condition. Said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof. In the event that the deficiencies are not cured within 35 days, a hearing shall be held on the matter by the Borough Council. The Borough Council shall schedule the hearing after the expiration of the thirty-five-day period. The notice of the hearing 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 Borough 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 the deficiencies shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Borough, in order to preserve the common open space and common property and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the common open space and common property, except when and if the same might be voluntarily dedicated to the public by the owners. Before the expiration of said year, the Borough Council shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property, call a public hearing upon 15 days' written notice to such organization and the owners of the development to be held by the Borough Council, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough Council, continue for a succeeding year. If the Borough Council shall determine that such organization is ready and able to maintain said open space and property in reasonable condition, the Borough shall cease to maintain said open space and property at the end of said year. If the Borough Council shall determine that such organization is not ready and able to maintain said open space and property in a reasonable condition, the Borough Council may, in its discretion, continue to maintain said open space and property during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Borough Council in any such case shall constitute a final administrative decision subject to judicial review.
F. 
The cost of any maintenance by the Borough shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and common property in accordance with the assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.
A. 
A landscaping plan prepared by a landscaping architect shall accompany every major subdivision and site plan. Landscape plantings shall be as listed on the document entitled “Recommended Trees for Berlin Borough Streets and Recommended Plantings for Landscaped Areas within Developments,” which is available through the Planning and Zoning Department.
[Amended 5-4-2006 by Ord. No. 2006-6]
B. 
All lot areas not covered by structures or paving shall be seeded or sodded, or stabilized by other ground cover or plantings as approved on the landscape plan.
C. 
Requirements for planting in the buffer area.
(1) 
A solid and continuous landscaped screen shall be planted and maintained to conceal a parking and loading area, eliminate the glare of vehicle lights throughout the year and camouflage nonresidential building(s) from the abutting residential areas. The landscape screen shall consist of evergreen trees, such as hemlock, Douglas fir, Norway spruce, etc. Evergreen trees shall be planted in an area five to 20 feet from the residential line in a zigzag pattern and not more than eight feet apart, except where otherwise authorized by the approving authority. Evergreen trees shall not be less than five feet high when planted and the lowest branches shall be not more than one foot above the ground. In the event that the existing evergreen trees do not cover the required area from the ground, said landscaping screen shall be supplemented with evergreen shrubbery. Any plant material that does not live beyond the period of the maintenance bond shall be replaced by the developer.
(2) 
In addition to the landscaped screen, shade trees, such as sugar maples, scarlet oaks, pin oaks, willow oaks, Norway maples, sweet gum, ash, etc., shall be planted by the applicant at a distance of not more than 40 feet from each other.
(3) 
The height of the landscaped screen shall be measured in relation to the elevation of the edge of the parking and loading area. Where the landscaped screen is lower than the elevation of the adjacent area, either the required height of the screen shall be increased equal to the difference in elevation, or the area to be screened shall be moved.
(4) 
If the buffer area includes existing growth of evergreen and deciduous trees and shrubbery but not enough to provide a suitable screen as required above, existing trees and shrubbery may be required to be retained and shall be supplemented by additional evergreen plantings to provide the required landscape screen.
D. 
Parking and loading areas for apartment and townhouse developments and for commercial, office, industrial and other nonresidential uses shall be buffered from adjoining streets and single-family residential zoning districts in a manner meeting the objectives of § 335-77C, Buffers.
E. 
Parking and loading areas shall be landscaped.
(1) 
Trees shall be staggered and/or spaced inside the parking lot and around the perimeter of the parking lot, but shall be located so as not to interfere with driver vision, have no part of branches lower than six feet above grade and be placed in the interior of the parking lot at the rate of at least one tree for every 30 parking spaces. All areas between the parking lot and the building shall be landscaped with trees, shrubs and ground cover. Parking lots with more than 50 spaces shall be screened from streets by buildings, landscaped berms, natural ground elevation or plantings, singly or in combination. The minimum height of a tree shall be 12 feet after planting. Any plantings which do not live shall be replaced within one year or one season. The minimum setback between streets and parking lots shall be planted according to an approved landscape plan that shall include deciduous shade trees spaced 40 feet on center.
(2) 
The use of vegetated islands to disconnect impervious areas is encouraged. Islands should have flush curb and be designed in a way to allow the parking lot runoff to drain over them, thereby promoting increased water quality and groundwater recharge. Landscaped parking stall dividers and radius curbing at parking islands shall have full reveal curb to protect the landscaped areas from traffic.
[Added 5-4-2006 by Ord. No. 2006-6[1]]
[1]
Editor’s Note: This ordinance also renumbered former Subsection E(2) as E(3).
(3) 
See § 335-77C, Buffers.
F. 
The approving authority shall have the power to waive any of the requirements or details specified above if it determines an adequate buffer can be provided in less than 20 feet while maintaining the purposes of this section. The approving authority, when considering waiving any of the buffer requirements, shall review the proposed plat and the standards and purposes of N.J.S.A. 40:55D-1 et seq. and, to these ends, shall consider the location of buildings, parking areas, outdoor illumination and other features such as topography; trees; streams; the efficiency, adequacy and safety of the proposed layout of driveways, streets, sidewalks and paths; the adequacy and location of existing green areas and buffer areas; the adequacy and location of screening and parking areas; structures and uses; and such other matters as may be found to have a material bearing on these standards and objectives.
G. 
Buffer areas, parking and loading areas, and other green areas shall use attractive low-maintenance native vegetation, which requires less fertilizing and watering, or landscaping stones. Planting areas and green areas shall also be used, where feasible, to disconnect impervious areas for the purpose of providing increased water quality benefits.
[Added 5-4-2006 by Ord. No. 2006-6]
H. 
All plans for landscape areas shall address postconstruction restoration and maintenance. Maintenance shall include, but not be limited to, an inspection schedule, weeding, and/or mowing.
[Added 5-4-2006 by Ord. No. 2006-6]
All area lighting shall provide translucent fixtures with shields around the light source that will provide a cutoff of the light at the property line. The light intensity provided at ground level in parking lots shall average a maximum of 2.0 footcandles over the entire area. Spillover across residential property lines shall not exceed 0.25 footcandle. For each fixture and lighted sign, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7.5% of the total quantity of light emitted from the light source. All outdoor lighting shall be shown on the site plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residences and overhead sky glow. No lighting source (the bulb) shall be a nuisance by shining directly into or reflecting into windows or onto streets and driveways where the light may interfere with driver vision. Light fixtures shall be of a type that cut off the light at defined limits so as to control off-site effects, minimize nuisances or safety hazards for drivers or similar purposes. No lighting shall be of a yellow, red, green or blue beam nor be a rotating, pulsating or other intermittent frequency. The intensity of light and the shielding, direction and reflection of lighting and similar characteristics shall be subject to site plan approval by the approving authority. The objective is to minimize undesirable off-site effects and avoid unsafe lighting and nuisances from lighting. Wherever possible, signs such as traffic directional and other on-site signs shall be lettered with reflecting paint or other reflecting material in order to eliminate the need to consume electrical energy and at the same time reduce the potential for glare and light nuisances.
See definitions of "yards." For other requirements and corner lots, see § 335-77H, Lots.
A. 
Each lot shall abut a paved public street. Insofar as is practical, side lot lines shall be either at right angles or radial to street lines. Extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions acknowledged and approved by the approving authority.
B. 
Through lots with frontage on two streets are permitted, provided that:
(1) 
The length of the lot between both streets is such that future division of the lot into two lots is improbable.
(2) 
Driveway access shall be to the street with the lower traffic function with the portion abutting the other street clearly labeled on the plat and, in any deed, that street access is prohibited.
C. 
Extra width for street widening in accordance with an adopted Master Plan or Official Map shall either be dedicated or, if not dedicated, be anticipated by increasing the setback and lot size of each abutting lot in anticipation of future right-of-way acquisition. (See § 335-77H, Lots).
D. 
Whenever land is dedicated to the Borough in order to meet the minimum street width requirements or to implement the Official Map or Master Plan, and the lot existed on the effective date of this chapter, the Construction Official shall not withhold a construction and/or occupancy permit when one or more lot dimensions and/or area might have been rendered substandard due to such dedication and the owner has no adjacent lands to meet the minimum requirements.
E. 
Lots shall be required to have such additional area or dimensions as may be necessary to assure meeting the minimum lot area as well as the minimum front, side and rear yards all located in contiguous areas as identified in the definitions of "lots" and "yards" in order to assure the suitability of the lot for its intended purpose.
[Amended 12-27-2012 by Ord. No. 2012-20]
A. 
Purpose. The purpose of this section is to assist in the implementation of the Housing Element and Fair Share Plan of the Borough of Berlin in meeting its constitutional obligation to provide the realistic opportunity for low- and moderate-income housing.
B. 
Required participation; percentages of lower-income housing.
(1) 
Whenever a specific site is identified for inclusionary development in the Housing Element of the Master Plan, the Zoning Map shall be so amended to notate that the construction of lower-income housing is a requirement of any residential development. Each site so selected in the Master Plan has been subsequently rezoned following adoption of the Housing Element from a lower intensity of development to a higher density in order to provide a sufficient incentive to develop lower-income housing as a percentage of the total number of dwellings constructed.
(2) 
Residential zones without an inclusionary component. In any residential development that does not contain lower-income dwellings, the developer shall pay a development fee in accordance with Chapter 193, Affordable Housing.
(3) 
For-sale housing. The minimum percentage of lower-income dwellings for sale within an inclusionary development shall be at least 20% of the total number of dwellings constructed.
(4) 
Rental housing. The minimum percentage of lower-income dwellings for rent within an inclusionary development shall be at least 15% of the total number of dwellings constructed.
(5) 
All lower-income housing shall be developed, constructed and occupied in accordance with Chapter 193, Affordable Housing.
C. 
(Reserved)
D. 
(Reserved)
E. 
Administering and monitoring costs of lower-income units shall be in accordance with Chapter 193, Affordable Housing, of the Code of the Borough of Berlin.
[1]
Editor's Note: See also Ch. 193, Housing, Affordable.
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.9 et seq. (the Map Filing Law, as amended)[1] and shall be placed in accordance with said statute and indicated on the final plat. All lot corners shall be permanently marked with a metal alloy pin capable of being detected by a metal detector.
[1]
Editor's Note: N.J.S.A. 46:23-9.7 through 46:23-9.16 was repealed by L.2011, c. 217, § 2, effective 6-1-2012. See now N.J.S.A. 46:26B-1 et seq.
[Amended 5-4-2006 by Ord. No. 2006-6]
A. 
Wooded areas and specimen trees. In areas proposed for new development, care shall be taken to preserve wooded areas, selected specimen trees and trees greater than twelve-inch caliper. All tree clearing shall be limited to a critical area of 20 feet beyond the driveway and building footprint. (See also § 335-60, Shade trees, and § 335-63, Soil erosion and sediment control.)
B. 
In areas of proposed new development including individual residential lots, the proposed grading shall generally conform to the existing surrounding areas. Development shall not adversely affect adjacent properties or sensitive areas and features on the site. If the Borough Engineer determines that excessive filling is proposed, the permit application will be referred to the Planning Board and the applicant shall apply for a design waiver.
C. 
See also in Article V, § 335-39, Drainage; § 335-43, Floodplain regulations; § 335-64, Stormwater runoff; and in Article VI, § 335-77K, Pinelands.
A. 
Before the final approval of a major subdivision or major site plan, the approving authority shall require, in accordance with the standards of the Borough's land development regulations, the Borough Master Plan land use, circulation, utility service or recreation plan elements, the Borough Official Map or Borough redevelopment plan, the payment of the developer's pro rata share of any or all of the following off-site and off-tract improvements which are necessary or appropriate for the protection of the public interest by reason of the development's impact on property beyond the boundaries of the developer's property: street improvements, water systems, sewerage, drainage facilities, and recreation facilities and any easements and appurtenances associated with said improvements. The pro rata share for off-site and off-tract improvements shall be determined as follows:
[Amended 4-23-2003 by Ord. No. 2003:4]
(1) 
Street improvements. The pro rata share for street improvements shall be calculated as the proportionate share of the street improvements required as a result of the trip generation attributable to the development as determined by a traffic impact study prepared by a licensed professional traffic engineer.
(2) 
Water systems. The pro rata share for water system improvements shall be calculated as the proportionate share of the water supply demand attributable to the development in accordance with water allocation standards of the New Jersey Department of Environmental Protection.
(3) 
Sewerage. The pro rata share for sewerage shall be calculated as the proportionate share of the sewage flows attributable to the development in accordance with the standards for wastewater treatment of the New Jersey Department of Environmental Protection for the use or uses proposed by the development.
(4) 
Drainage. The pro rata share for drainage system improvements shall be calculated as the proportionate share of off-site or off-tract drainage system improvements attributable to the development in accordance with the drainage calculations determining the off-site and off-tract drainage impacts of the project.
(5) 
Recreation.
(a) 
The pro rata share for recreation facilities shall be calculated in accordance with the following schedule:
Unit of Development
Per Unit Cost
Single-family detached dwellings
$750.00 per dwelling unit
Single-family attached dwellings
$500.00 per dwelling unit
Multifamily dwellings
$300.00 per dwelling unit
Age-restricted dwellings
$250.00 per dwelling unit
Nonresidential development
$1.25 per square foot of gross floor area
(b) 
In lieu of payment for all or part of the development's pro rata share of Borough recreation facilities, the developer may elect to construct recreational facilities of equal value as part of the development or an off-tract site within the Borough subject to the review and approval of the appropriate Borough authorities.
(c) 
Payment of the contribution required pursuant hereto shall be made prior to the signing of the final plans by the Planning Board Chairman, Planning Board Secretary, or the Borough Clerk and shall be equal to the proportionate share attributable to the section of the development shown on said final plans.
B. 
Essential off-site and off-tract improvements. The approving authority may require the developer to install the following essential improvements or furnish a performance guaranty in lieu thereof, with the total cost of the necessary improvements borne by the developer:
(1) 
The developer shall acquire land and/or easements, improve and dedicate public street access that connect to existing improved public street(s) and shall arrange for water and sanitary sewer connections, all designed and constructed to meet the required specifications.
(2) 
Where a development creates a demand for water supply and/or sewage treatment beyond the capacity of the present facilities and causes the need for new or expanded water lines, well, pump, storage tank for water supply, sewage collection system and/or other ancillary equipment, the developer shall acquire land for, improve and dedicate such water and sewer facilities, all as approved by the approving authority, governing body and serving utility company.
(3) 
Stormwater diverted into inadequate off-site and off-tract drainage or stormwater systems shall be extended, enlarged or additional drainage facilities shall be created off-site or off-tract and dedicated to the Borough as approved by the approving authority and the county or local governing body, as appropriate.
(4) 
The manner of guaranteeing off-site and off-tract improvements and their dedication to the Borough or some other public entity shall be subject to the approval of the Borough Attorney as to form. In lieu of the developer's performing such off-site and off-tract work, the developer and the governing body may enter into an agreement for such work to be performed by the Borough, its contractors or the associated utility at the expense of the developer. The provisions of this subsection shall be applicable only upon the request and with the consent of the developer.
(5) 
Where the approving authority determines that certain off-site and off-tract improvements are essential to the development so that the development cannot proceed without them being completed as part of the development but the developer does not request and consent as set forth above, the application shall be denied without prejudice to a future application when changed conditions no longer make the off-site and off-tract improvements essential.
C. 
Advisable off-site and off-tract improvements. Where the approving authority finds that off-site and off-tract improvements would be advisable to promote the objectives of this chapter, and the improvements can be most appropriately accomplished in connection with the development, particularly where they would be a local improvement by the Borough with the costs assessed against all properties specially benefited thereby, including the property of the developer, then the following provisions shall apply:
(1) 
The approving authority shall refer its recommendations on the matter of off-site and off-tract improvements to the governing body prior to taking action on the preliminary plat.
(2) 
If the governing body agrees the matters should be considered, the Borough Engineer shall determine the nature of the off-site and off-tract improvements required in the area, including:
(a) 
The needs created by the applicant's proposed development.
(b) 
The then-existing needs in the area, notwithstanding any work of the applicant.
(3) 
The Borough Engineer shall estimate the costs of such work, including all costs which would be in any Borough improvement ordinance, including costs for construction, engineering, any easement or right-of-way acquisition, legal work, advertising, contingencies, bonding and assessments.
(4) 
The Borough Engineer shall estimate the amount the applicant's development would be expected to be assessed under local improvement procedures pursuant to N.J.S.A. 40:56-21 et seq., as amended.
(5) 
The Borough Engineer shall file a report with the governing body outlining the entire project with the estimated total costs and the developer's share.
(6) 
Based upon the Borough Engineer's report and the recommendations of the approving authority, the governing body shall determine whether to undertake some or all of the improvements as a local improvement, the cost of which will be specially assessed against properties benefited thereby in proportion to and not in excess of the benefits received pursuant to Chapter 56 of Title 40 of the Revised Statutes of New Jersey.
(7) 
If the governing body does not adopt a local improvement ordinance for said project(s), the applicant's development shall be designed accordingly and the approving authority shall base its further proceedings upon such determination.
(8) 
If the governing body adopts a local improvement ordinance, it shall proceed as follows:
(a) 
If sufficient funds are available for the initial appropriation required for said ordinance, the governing body may appropriate such funds and adopt such ordinance. All subsequent proceedings for making and assessing costs shall be in accordance with the ordinance.
(b) 
If sufficient funds are not available for the initial appropriation required for said ordinance, the governing body may determine the anticipated amount the applicant would be assessed based on the reports and testimony presented to it.
[1] 
The amount determined by the governing body shall be deposited by the applicant with the Borough Treasurer prior to final approval of the development and prior to introduction of the local improvement ordinance.
[2] 
The deposit shall be made concurrent with the execution of an agreement between the applicant and the Borough concerning the uses of the deposit which shall include the following:
[a] 
Said funds shall be used by the Borough solely for the construction of the improvements, expenses incidental thereto and the acquisition of any related easements or rights-of-way.
[b] 
Such deposit may be appropriated and commingled with other funds of the Borough and expended by the Borough in connection with such purposes.
[c] 
If the deposit is not used by the Borough within the time specified in the agreement with the applicant, said funds shall be returned to the applicant.
[d] 
Upon completion of the work by the Borough or its contractor, the properties specially benefited thereby shall be assessed as provided by law, including the property of the applicant.
[e] 
The applicant's deposit shall be credited against the assessment made upon applicant's property (whether or not applicant is then the owner thereof), and if such deposit is less than the amount assessed, the then-owner(s) of said property shall pay the difference, or if the deposit exceeds the amount assessed, the excess shall be refunded to the applicant without interest.
[3] 
Where off-site and off-tract improvements are found by the approving authority to be important to the sound development of the site, even though they may not be essential improvements, and the governing body determined to proceed with a local improvement ordinance, but the developer is unwilling to make the required deposit, then there shall be no final approval of the development until funds become available for the initial appropriation that is required to adopt the local improvement ordinance.
(9) 
The governing body shall decide to adopt, or not adopt, a local improvement ordinance within 30 days after the referral and recommendation of the approving authority unless such time shall be extended by the consent of the applicants. If no determination is made within the allotted time, the approving authority may proceed as if the governing body had determined not to adopt a local improvement ordinance.
D. 
All off-site and off-tract improvements shall conform to the same design and performance standards as the on-tract improvements.
[Added 5-4-2006 by Ord. No. 2006-6]
See also § 335-77J.
A. 
Access to parking lots. (See § 335-40, Driveways.)
B. 
Access to parking and loading spaces. Individual parking and loading spaces shall be served by on-site aisles or driveways to permit each motor vehicle to proceed to and from each space without moving another vehicle. No parking or loading space shall have direct access to or from a major driveway or aisle. Where the angle of parking is different on both sides of the aisle, the wider aisle width shall be required. Intersecting driveways, aisles and access drives shall be as nearly at right angles as possible but in no case less than 75º. Intersecting driveways, aisles and access drives on-site shall be set back a minimum of 50 feet from a public street right-of-way if the intersection is a four-way intersection and a minimum of 20 feet if the intersection is a T-intersection.
C. 
Buffers and landscaping. See § 335-45, Landscaping.
D. 
Curbing. Off-street parking areas containing six or more spaces and all off-street loading areas shall be curbed. Curbing installed at crosswalks and bikeways shall have barrier-free curb ramps constructed in accordance with the Design Standards for Curb Ramps for the Physically Handicapped of the New Jersey Department of Transportation. The use of flush curbs that allow overland flow to vegetated swales or landscaped areas is encouraged. In areas where parking stalls are perpendicular to flush curb, anchored wheelstops shall be installed. Landscaped parking stall dividers and radius curbing at parking islands shall have full reveal curb to protect the landscaped areas from traffic.
[Amended 5-4-2006 by Ord. No. 2006-6]
E. 
Dimensions.
(1) 
Off-street parking spaces shall be nine feet wide, except that in retail commercial use the space shall be either 10 feet wide or be nine feet wide and be delineated by double-lined, hairpin striping. Parking spaces shall be a minimum 18 feet in length, except around the perimeter of a parking lot, or where parking spaces face a sidewalk or other open space, they may be paved 16.5 feet in length, provided that there is a curb at the end of the parking space and at least 1.5 feet of open space beyond the curb to allow for the overhang of the vehicle. Said area for vehicle overhang shall not overhang the minimum width of a sidewalk nor shall it be planted with anything other than grass or low ground cover in order to assure the space for the vehicle overhang. Parking for the handicapped shall be provided in number, design and location as required by the requirements of the American Disability Act. These wider spaces shall be located in areas conveniently related to major entrances to buildings, located so that access does not require wheeling or walking behind parked cars, and be designated as parking for the handicapped.
Aisle Widths for Parking Spaces
Angle of Parking Space
One-Way
(feet)
Two-Way
(feet)
90º
24
24
60º
20
22
45º or fewer
18
20
Parallel
12
18
(2) 
Off-street loading spaces where tractor-trailers can be expected shall have 14 feet of vertical clearance, be at least 60 feet in length and be 12 feet in width. Other loading spaces where there is no possibility of any tractor-trailer deliveries shall have spaces at least 20 feet in length and 10 feet in width. All loading spaces shall be separate from and in addition to off-street parking spaces and shall be clearly signed and have an area adjacent to the loading space for access and maneuvering that is sufficient to assure that vehicle maneuvering is done off public street(s), away from interior private streets and does not interfere with the traffic circulation system associated with the parking lot. No loading space shall be designed so a parked vehicle extends into a public street or on-site private street, aisle or driveway.
F. 
Drainage. All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice as approved by the Borough Engineer and in accordance with the drainage provisions in § 335-39, Drainage. Where subbase conditions are wet, springy or of such nature that surfacing would be inadvisable without first treating the subbase, soil borings shall be taken and these areas shall be excavated to a depth of at least six to 12 inches below the proposed subgrade and filled with a suitable subbase material as determined by the Borough Engineer. Where required by the Engineer, a system of porous pipe subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material shall be applied.
G. 
Surfacing. All parking and loading areas shall be paved. Surfacing shall be approved as part of the plan and be 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 two-inch-thick compacted wearing surface of hot mix asphalt, or equivalent. All shall be constructed in accordance with the Standard Specifications of the New Jersey Department of Transportation. Where heavy traffic can be anticipated, a separate paving cross section shall be submitted and approved as part of the plat approval. To provide increased groundwater recharge, the use of pervious paving materials is encouraged, especially in overflow-parking areas. The stormwater runoff calculations will treat pervious paving areas as impervious.
[Amended 5-4-2006 by Ord. No. 2006-6]
H. 
Minimum parking and loading requirements. See § 335-77J.
All permitted uses and accessory activities shall be confined within completely enclosed buildings with the exception of off-street parking, loading and delivery areas, accessory fuel storage, parking for vehicles and construction equipment and the outdoor storage of lumber and building supplies. Visible storage of any kind shall not be permitted on the premises in any residential district.
A. 
Electricity. Electrical equipment shall be shielded so there is no interference with any radio or television reception beyond the operator's property. Electric transmission lines between substations and other major equipment within the utility company's power grid, as opposed to service lines to individual homes and consumers, shall be located and/or configured to minimize electric and magnetic fields upon neighboring homes and businesses having concentrations of people. New developments shall be set back from transmission lines as set forth in the zoning regulations.
B. 
Glare and vibration. No use shall direct or reflect a steady or flashing light or an impact or steady vibration that is detectable beyond its lot lines. Where such conditions might exist on site, proper shielding shall be provided, such as but not limited to fixtures designed to cut off the light at certain limits, berms, vegetative screens, walls, fences or locating a businesses light-generating operation inside a building. Exterior lighting and any lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light, flashes or reflection will not interfere with the normal use of nearby properties, dwelling units and streets. Also, see § 335-46, Lighting.
C. 
Air, water and environmental pollution. No use shall emit heat, odor, fumes, smoke, dust, vibrations, noise or any other pollutant into the ground water or air that exceeds the most stringent applicable state and federal regulation. No construction permit or certificate of occupancy shall be issued for any use where a state permit is required until the state has ascertained and approved the level of emission, quality of emission, type and quality of emission control, level of monitoring to be conducted by the state and such other state regulations governing the emission of pollutants into the ground, water or air.
D. 
Storage and waste disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they can be transferred off the lot, or into the ground, directly or indirectly, by natural forces such as precipitation, surface water, evaporation or wind. All materials or wastes which might create a pollutant, be a safety hazard or be a health hazard shall be stored indoors and/or be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property, except under conditions approved by the Fire Department. Liquid wastes and effluents shall be discharged into an approved existing sewage treatment plant in accordance with that plant's regulations, or such industrial use shall treat its own wastes and effluents in a treatment plant or process which is in compliance with the state statutes and with the requirements of the State Department of Health and § 261-18, Permit required; application requirements, of the Code of the Borough of Berlin.
E. 
Hazardous/toxic materials. The applicant shall provide the data required in § 335-30B(2)(b) and shall incorporate in the site plan the appropriate means for handling, storage, cleanup and emergency responses consistent with the type and amount of hazardous and/or toxic materials to be on site and any approvals required of NJDEP or other regulatory agencies.
F. 
Microwave transmissions. Microwave transmission devices shall be located, angled, shielded, elevated or otherwise positioned so persons cannot intercept and interfere with the transmission signal.
In the case of a proposed development which contemplates construction over a period of years, a phasing plan shall be approved as part of the preliminary subdivision and/or preliminary site plan application. The phasing plan shall divide the development into logical sections and be approved with such terms and conditions that will protect the interests of the public and of the residents, occupants and owners of the proposed development. Each phase or section shall be located and designed to function as if no further development will occur with respect to a safe and convenient circulation system, stormwater control, utility services, fire hydrants, the required number of low- and moderate-income housing or cash contributions (if applicable) and off-site/off-tract improvements (if any).
A. 
All public services shall be connected to approved public utilities' systems and shall be adequate to handle all present and probable future development.
B. 
The developer shall arrange with each servicing utility for the underground installation of electric, telephone and cable television distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Regulatory Commissioners. In the event that existing overhead distribution lines are moved, they shall be installed underground. Electric distribution lines are distinguished from electric transmission lines (see definitions).[1]
[1]
Editor's Note: See § 335-2, Definitions and word usage.
C. 
Subdivisions of three or more lots or developments resulting in more than 15,000 square feet of new floor area, which abut existing overhead electric, telephone or cable television distribution supply lines may be served from the overhead lines, but the service connections from these overhead lines shall be placed underground. In the event that the existing overhead lines are required to be relocated, the relocated portion of the lines shall be placed underground.
D. 
Where existing year-round screening of a utility apparatus appearing above ground is not adequate, other than utility poles, the applicant shall provide sufficient live screening and fencing to conceal the apparatus year round.
E. 
Any installation under this section to be performed by a servicing utility shall be exempt from the requirement of performance guaranties, except as noted in § 335-14H, but shall be subject to inspection and certification by the Borough Engineer.
A. 
In any nonresidential development there shall be either an indoor or outdoor area for the collection and storage of recyclable materials and other solid wastes. The dimensions of this area shall be sufficient to accommodate recycling bins or containers of adequate size and number to be consistent with the anticipated usage and the methods of collection in the Borough.
B. 
The recycling area shall be conveniently located. Each recycling site should be near but clearly identified and separated from the area intended for the collection of solid waste.
C. 
All collection areas shall be well lit for convenience and safety and shall be designed and sized to accommodate collection vehicles. Collection vehicles shall be able to access the collection areas without interference from parked vehicles or other obstacles. Reasonable measures shall be taken to protect all collection areas, bins and containers against theft.
D. 
The collection areas, bins and containers shall be designed to provide protection from the weather and avoid having material blow around the site. Any bins or containers used for recyclable paper or cardboard shall be equipped with a lid or be indoors or otherwise covered so as to keep the paper and cardboard dry.
E. 
Signs identifying the materials to be accepted shall be posted adjacent to the recycling area. Individual bins or containers shall be marked to indicate the materials to be placed in them. The area designated for the collection of all other solid waste shall have a separate sign.
F. 
Landscaping and/or fencing shall be provided around all collection areas.
A. 
The developer shall provide the necessary facilities required by the Camden County Municipal Utilities Authority to connect each use to the Borough of Berlin sewage collection system.
B. 
If any part of the collection system must be installed outside streets or other existing public rights-of-way, the developer shall provide the necessary rights-of-way or easements (see § 335-41, Easements).
C. 
Sanitary sewer pipe shall be sized for full flow from the tract. The Borough Engineer may require larger pipe, sized to accommodate future extensions.
D. 
Minimum grades at terminal runs of all sanitary sewer lines shall be 7%.
E. 
Manholes shall be placed at every point where the sanitary sewer line changes direction. In no instance shall the spacing exceed 300 feet.
F. 
Prior to final approval, the Borough Engineer shall inspect and, in writing, approve all sanitary sewer designs which will become a part of the Borough facilities.
G. 
Materials.
(1) 
Cast-iron pipe and fittings. Cast-iron pipe shall be centrifugally cast, cement-lined and shall conform to the requirements of the American Standards Association Specifications, as amended. In general, cast-iron pipe shall be thickness Class 22 for nominal pipe diameters of 12 inches and less and Class B for sizes 14 inches and greater. Cast-iron saddles shall be subject to the approval of the Borough Engineer.
(2) 
Polyvinyl chloride pipe (PVC pipe). Polyvinyl chloride pipe (PVC pipe) shall conform to the requirements of ASTM D 3034 for sizes $" to 15" and to ASTM F 679 with minimum wall thickness T-1 for sizes 18" to 27". PVC fittings shall conform to ASTM F 1336. Wall thickness shall be SDR 35 unless otherwise indicated.
(3) 
Ductile iron pipe. Ductile iron shall conform to AWWA Class 50 with bitumastic lining. Pipe shall not be cement-lined.
(4) 
Concrete. Any concrete required for cradles, pads, drop connections at manholes and any other miscellaneous items shall be 4,000 pounds per square inch conforming to the requirements set forth elsewhere herein.
H. 
Methods of construction.
(1) 
Excavation and backfill shall conform to the requirements set forth for subsurface structure excavation in § 335-39I. The contractor shall provide adequate equipment and so operate it as to maintain an essentially dry excavation, stable trench bottom, suitable working conditions and protection from water damage throughout and until the completion of the work.
(2) 
Pipes shall be laid in straight lines between manholes, except when otherwise specifically provided or directed by the 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. All pipe shall be laid to uniform grades between manholes.
(3) 
Before making each joint, the end 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 directions of the Engineer.
(4) 
No defective or leaking pipe, fittings, joints, connections, manholes or other parts of the work shall be acceptable. All visible leakage of any description, no matter where located, shall be corrected by the contractor in a manner satisfactory to the Engineer, whether or not the total leakage into the sewer is within the allowable maximum as determined by infiltration tests. Internal inspection by the Television Inspection Unit shall be made after heavy construction traffic has ceased and before top course of paving is installed.
(5) 
Infiltration tests shall be made when and as directed by the Engineer, and no connections to the 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.
(6) 
No section of sanitary sewer between adjacent manholes will be considered satisfactory or acceptable when the rate of infiltration there into exceeds 50 gallons per inch of internal diameter per mile of sewer per day, and no section of sanitary sewer one mile or more in length will be considered satisfactory or acceptable when the rate of infiltration there into exceeds 1/2 of the above-specified rate. Leakage in excess of the above shall be located and corrected by the contractor. Where deemed necessary by the Borough Engineer, exfiltration tests by use of air or water may be required in lieu of infiltration tests.
(7) 
Y-branches and service laterals which are not to be immediately connected to flowing lines shall be securely plugged with an approved type of plug which will provide a permanently watertight seal.
(8) 
The contractor shall accurately record the station of each Y-branch placed and direction of the "wye." He shall also show the location of each Y-branch on his copy of the plans and permanently mark each location with a crosscut on the curb or a hub stake driven at the curbline. Tie measurements to three permanent features or structures shall be provided.
(9) 
Drop connections at manholes and concrete pads at service risers shall be constructed as shown on the detail sheet of the plans and at the locations shown on the plans or as directed by the Engineer. All concrete work shall conform to the requirements as set elsewhere herein.
(10) 
When so required by the Engineer, the contractor shall flush such newly completed sewers as may be designated by the Engineer in order to remove any foreign matter which may have accumulated therein during construction. The contractor shall furnish all labor, material, equipment and water necessary for flushing and shall provide for the disposal of water used for flushing.
I. 
Pumping stations. The following are the minimum standards that are required for the sanitary sewer pumping stations that are to be dedicated to the Borough:
(1) 
All pump stations are to have submersible pumps with a separate valve vault.
(2) 
A source of backup energy shall be supplied for the event of a power failure.
(3) 
An alarm system compatible with the Borough's current alarm system is to be supplied.
(4) 
The pump station is to be screened from the surrounding neighborhood with a fence and appropriate live plantings.
A. 
All shade trees to be planted shall have a minimum diameter of three inches measured at breast height above the ground and shall be as listed on the document entitled “Recommended Trees for Berlin Borough Streets and Recommended Plantings for Landscaped Areas within Developments,” which is available through the Planning and Zoning Department. Trees shall be planted at a distance of not more than 40 feet from each other and parallel to and at a distance of 12.5 feet from the curbline or edge of pavement 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 soil around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees. Dead or dying trees shall be removed and dead limbs trimmed by the developer prior to the issuance of a certificate of occupancy.
[Amended 5-4-2006 by Ord. No. 2006-6]
B. 
Shade tree easement. An exclusive shade tree easement dedicated to the Borough shall be recorded on the subdivision deed or the final subdivision plat. The easement shall be five feet wide along all streets. The deed or final plat shall contain a statement that provides for the planting of shade trees within the easement at a distance of not more than 40 feet from each other along the right-of-way, that the trees shall be the property of the Borough of Berlin and that the property owner is prohibited from relocating or purposefully causing damage to or trimming the trees other than routine maintenance. Routine maintenance shall be the responsibility of the property owner and shall commence once the developer’s maintenance period has been completed. The statement shall further state that no other easement(s) shall be allowed in the same area.
[Amended 5-4-2006 by Ord. No. 2006-6]
C. 
Guaranties. The developer shall guarantee that each tree shall fully survive for two years after it is planted. Upon request for release of the performance guaranty, the Borough Engineer shall inspect the shade trees and shall require that the dead or dying trees be replaced unless the developer can prove that the tree(s) was planted over two years prior to the inspection and that it was alive and not dying two years after it was planted. No maintenance guaranty shall be required for those trees planted and surviving prior to two years from the posting of the maintenance guaranty.
D. 
Parking lots shall be planted as required in § 335-77J, Off-street parking and loading requirements. (See also § 335-51, Natural features, and § 335-63, Soil erosion and sediment control.)
E. 
Pinelands; development within the Pinelands Area. See also § 335-77K.
[Amended 12-14-2017 by Ord. No. 2017-15]
Sidewalks shall be installed along both sides of all residential streets and in other locations determined by the approving authority to be in the interest of public safety and proper pedestrian circulation considering the probable volume of pedestrian traffic, the adjoining street classification, school bus stops, recreation areas, schools, retail centers, jobs and the general type of improvement intended. Where required, sidewalks shall be at least four feet wide but may be increased to six feet, eight feet or 10 feet as concentrations of pedestrian activity can be expected to increase. Concrete sidewalks shall be constructed in accordance with § 335-38C and D. If constructed of brick, sidewalks shall have a two-inch base of crushed stone, two inches of Class B concrete as required above, and paver brick at least one inch in thickness. Where any sidewalk crosses curbs, curb ramps shall be provided as outlined in § 335-38, Curbs and gutters. Preformed expansion joint material shall be placed on concrete sidewalks at maximum twenty-foot intervals and where sidewalks abut either curbing or a structure. Sidewalks shall be required in all zones within the Borough of Berlin, if none exist, when any improvements are proposed for a lot in said zones.
A. 
Sight triangles shall be required at each quadrant of an intersection of streets and at intersections of 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 three feet above curb level or lower than eight feet above the same curb level, excluding 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.
B. 
Sight triangle dimensions.
(1) 
Sight triangle easements shall be in addition to the specified rights-of-way widths and are areas in which no grading, planting or structure shall be erected or maintained in such a manner as to obscure the vision above the height of 3.5 feet and below 10 feet, except for street signs, fire hydrants and light standards.
(2) 
The "sight triangle" is defined as that area outside the street right-of-way which is bounded by the intersecting street lines and the straight line connecting sight points, one each located on the two intersecting street center lines: arterial streets at 300 feet, collector streets at 200 feet and local streets and driveways at 90 feet. Such easement dedication shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions and deeded for the purposes provided for and expressed in the Zoning Ordinance of Berlin Borough."
(3) 
In addition to the sight triangle easement(s), the applicant shall demonstrate a safe sight distance for the stopped vehicle at all driveway entrances or intersections. Safe sight distances shall be in accordance with either New Jersey Department of Transportation or American Association of State Highway and Transportation Officials (AASHTO) standards for a vehicle turning left or right without being overtaken by a vehicle traveling in the same direction. Measurement shall be from a point 10 feet behind the proposed edge of pavement or curbline and shall assume an eye height of 3.5 feet and an abject height of 4.25 feet. Vehicle speed shall be five miles per hour above the posted speed. The following safe sight distance shall apply to ninety-degree intersections:
Through Street Posted Speed
(mph)
Safe Sight Distance
(feet)
25
350
30
500
35
650
40
830
45
1,020
50
1,240
C. 
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 classifications of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the approving authority at the time of the application for approval for a new street not included on the Master Plan. A sight triangle easement dedication shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Berlin Zoning Ordinance." 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 setbacks required by the zoning provisions.
[Amended 5-4-2006 by Ord. No. 2006-6]
See also § 335-39, Drainage.
A. 
General.
(1) 
The Storm Water Management Act, P.L. 1981, c. 32,[1] which amends and supplements the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., at N.J.S.A. 40:55D-4, 40:55D-6 and 40:55D-93 et seq., requires municipalities to prepare and adopt a stormwater management plan and implementing ordinance.
[1]
Editor's Note: See N.J.S.A. 40:55D-93 et seq.
(2) 
It is hereby determined that water bodies, roadways, structures and other property within the Borough are at times subject to flooding and that flooding is a danger to lives, property and natural resources. Development tends to accentuate flooding by increasing the rate of stormwater runoff which may contribute increased quantities of waterborne pollutants and channel erosion. Increased runoff, erosion and pollution constitute deterioration of the water resources which can be controlled to some extent by the regulation of stormwater runoff. It is, therefore, in the public interest to regulate additional discharge of stormwater runoff from developments as provided in this chapter.
(3) 
In order to minimize the impact of stormwater from new developments, all new developments shall incorporate on-site stormwater facilities that comply with the residential site improvement standards promulgated at N.J.A.C. 5:21-7.1 through 5:21-7.6, as amended.
(4) 
All subdivisions and site plans shall be designed to take advantage of the natural drainage features of the land. In considering an application for development, the approving authority shall use the following criteria:
(a) 
Utilize, improve and maintain the natural drainage system to the extent possible.
(b) 
When drainage channels are required, wide, shallow swales with natural vegetation will be preferred over other types of channels.
(c) 
Construct flow-retarding devices, detention areas and recharge berms to minimize runoff.
(d) 
Maintain the base flows in streams, reservoirs and ponds.
(e) 
Minimize interference with natural grading and drainage patterns and preserve existing and proposed vegetation on the site.
(5) 
The best available technology shall be employed in all instances including measures such as porous paving and piping, contour terraces, swales and other techniques designed to provide necessary control of stormwater runoff.
(6) 
The construction of any facility shall be designed to minimize maintenance and create an aesthetic and pleasing environment. All stormwater detention basins shall be attractively landscaped with plants native to the area and compatible with the proposed environment to stabilize the soil, retard erosion and runoff and promote infiltration of surface waters.
(7) 
A landscaping plan must be submitted with each detention basin showing the size of the area to be cleared, soil condition, a description of the existing vegetation and a description of the vegetation proposed. Soil stabilization shall follow immediately after site clearing is completed with permanent vegetation to await the appropriate planting season.
B. 
Applicability. This chapter shall apply to all major developments as defined in § 335-2, Definitions and word usage, as amended.
C. 
Compatibility with other permit and ordinance requirements. Borough approvals of stormwater management facilities are an integral part of development approvals but do not relieve the applicant of the responsibility to secure other required permits and approvals for activities regulated by any other applicable code, rule, act or ordinance. These provisions are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. Where this chapter imposes restriction(s) different from those imposed by any other ordinance, rule, regulation, statute or other provision of law, those provisions which are the more restrictive or impose higher standards shall control. For related Pinelands requirements, see Subsection H below.
D. 
General design considerations. Each project not exempted from the implementation of this chapter shall meet the stormwater management standards outlined in § 335-39, Drainage, and the following standards:
(1) 
Any major agricultural development as defined in this chapter shall be submitted to the Camden County Soil Conservation District for review and comment in accordance with this chapter and any Soil Conservation District guidelines. The approving authority may condition approval of such stormwater control measures on approval from the Camden County Soil Conservation District.
(2) 
Soil erosion and sediment control shall be provided in accordance with Standards for Soil Erosion and Sediment Control promulgated by the State Soil Conservation Committee pursuant to N.J.A.C. 4:24-42 and administered by the Camden County Soil Conservation District.
(3) 
If detention facilities are provided through which water passes at times other than after a rainfall, the Borough Engineer shall be consulted concerning design criteria. It will become necessary for detention requirements to be met despite the necessity of passing certain low flows. This applies to all on-stream or on-line detention basins.
(4) 
Detention basins located in freshwater wetlands may be allowed only in accordance with the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq., and any rules adopted pursuant thereto.
(5) 
Any detention facility that impounds water through the use of an artificial dike, levee or other barrier and raises the water level five feet or more above the usual mean low-water height when measured from the downstream toe-of-dam to the emergency spillway crest is classified as a dam and subject to the New Jersey Dam Safety Standards, N.J.A.C. 7:20. All such dams must be designed, constructed, operated and maintained in compliance with the rules of N.J.A.C. 7:20.
(6) 
Vegetated swales may be constructed but they shall not be designed to accommodate any stormwater detention. The minimum gradient of swales shall be 2.0%. The minimum side slopes of a swale shall be a ratio of three to one when there is a hydraulic depth of one-foot or less and four to one when depths are greater than one-foot.
E. 
Design specifications. The related design parameters and basin dimensions shall be shown on the drawings.
(1) 
If the basin is designed to retain water on a permanent basis (wet basin), adequate aeration shall be provided to prevent stagnation, or the depth of water shall exceed six feet.
(2) 
Where the approving authority deems necessary, the detention basin shall be enclosed by a four-foot-high fence. In such event, a fourteen-foot-wide gate shall be provided to gain access to the basin for maintenance purposes. The fence shall be a three-rail, split-rail fence of either locust or cedar with a forty-two-inch-high galvanized chain link mesh, 11-gauge, attached to the outside face of the fence. The gate shall be constructed of eleven-gauge galvanized mesh and galvanized one-and-five-eighths-inch-diameter Schedule 40 pipe.
(3) 
Every detention basin shall be thoroughly landscaped. However, the street side of the basin shall be landscaped with low-lying vegetation as required for sight triangle easements as set forth in §§ 335-62 and 335-66. It is intended that the street side of the basin be visible for security purposes.
(4) 
No consideration shall be given to groundwater recharge for reducing the size of the basin, and total recharge (total infiltration) basins shall not be allowed, except as may be permitted or required in the Pinelands Area.
(5) 
Where the seasonal high-water table is less than two feet from the lowest point, an underdrain system below the low-flow channel shall be provided with a positive outlet into the outfall control structure. The seasonal high-water table shall be shown in relation to the bottom of the basin in all cases.
(6) 
Basins shall have a tapered bottom. No flat-bottomed basins will be permitted.
(7) 
Access roads to basins shall be a minimum of 10 feet wide and a minimum of six inches of DGA on well prepared subgrade suitable for a ten-ton truck.
F. 
Detention basin location.
(1) 
Residential developments.
(a) 
Detention basins shall be constructed so as to take advantage of natural features to the greatest extent possible. Maintenance access shall be provided to the basin from either the surrounding right-of-way or from within the site driveway or parking areas. If access is provided from within the site, appropriate easement(s) shall be provided.
(b) 
Detention basins shall be constructed on a lot solely utilized for the purpose of the basin or on a lot dedicated for the purpose of open space. If the basin is to be constructed on its own lot, the lot may vary from the bulk requirements of the zone in which it is located; however, a minimum 20 feet of lot frontage on an improved street shall be provided. The lot shall be of sufficient size to contain the basin and all outfall structures entirely within a minimum twenty-five-foot distance from the top of the slope to any property line in any direction.
(2) 
Nonresidential developments. Detention basins shall be constructed so as to take advantage of natural features to the greatest extent possible. Maintenance access shall be provided to the basin from either the surrounding right-of-way or from within the site driveway or parking areas. If access is provided from within the site, appropriate easement(s) shall be provided. Basins shall not be screened from view from the developed portions of the site.
G. 
Detention basin maintenance responsibility.
(1) 
Maintenance schedule. Where detention basins are to be constructed as shown on the approved subdivision and/or site plan drawings, the applicant's engineer shall provide on the preliminary subdivision or preliminary site plan drawings an anticipated schedule of maintenance of the basin over a twenty-year period. This schedule shall include items such as, but not limited to, removal of siltation at an interval of a minimum of once every 10 years; annual inspection, cleaning and repairs to inflow and outfall structures; periodic routine maintenance such as grass cutting and maintenance of the low-flow channel; and fence repairs and cleaning of trash racks and small outfall orifices. Also included shall be the itemization of any permits from the New Jersey Department of Environmental Protection which will be required to perform the maintenance. In the case of wet detention basins, a cost associated with the lowering or emptying of the basin shall be included. The applicant's engineer shall estimate the present-day costs associated with each item of maintenance and submit that to the Board for review by the Borough Engineer.
(2) 
Detention basins within residential developments.
(a) 
Homeowners' associations. Where a detention basin is constructed within a common area of a residential development, the maintenance of the basin and all drainage structures and collection systems outside of Borough-owned rights-of-way shall be the sole responsibility of the homeowner's association. The maintenance of the basins and associated structures shall be clearly identified within the homeowner's association documents submitted to the attorney for the approving authority for review and approval.
(b) 
Residential development without a homeowner's association. Detention basins shall be constructed on a separate lot and the developer shall submit a proposal for the continued maintenance of the detention basin for a period of 15 years assuming the expenditure of the principal and interest. Such proposal shall be submitted to the attorney and engineer for the approving authority for review and approval. If approved, the developer shall pay the approved amount into a Borough detention basin escrow fund, and the Borough shall thereafter be responsible for the maintenance of the basin and shall use the funds to maintain the basin.
(3) 
Nonresidential detention basins. All nonresidential detention basins shall be maintained by the property owner. In the event that the basin also controls stormwater from off-site runoff from Borough-owned property, rights-of-way and/or easements, the owner of the property may request that the Borough maintain the basin only if a prorated cash contribution has been deposited with the Borough as provided in § 335-64G(4) below.
(4) 
Request for waiver. A developer may petition Borough Council for a waiver from the requirements of establishing a homeowner's association or having an individual homeowner maintain detention facilities. Said petition may propose a method of maintaining the detention facilities over a period of at least 20 years whereby the developer will establish with the Borough a maintenance fund acceptable to Borough Council for such purpose. The maintenance fund shall be funded in an amount equal to the cost estimated in Subsection G(1) above. After a maintenance fund has been established, the Borough shall maintain the detention facilities which were funded. Any such petition for waiver shall be in writing to the Borough Clerk prior to the approving authority granting or denying final site plan or subdivision approval. The Borough Council shall grant or deny any such request for waiver within 45 days from the date the Borough Clerk receives the written petition for waiver supported by the developer's maintenance plan, including estimated costs. Failure on the part of the Borough Council to take action on the request within the said forty-five-day period shall be deemed a denial of the request unless the developer shall have granted an extension of time, in writing.
H. 
Notwithstanding any other provisions of this section, in the Pinelands Area the provisions of Chapter 336, Article II shall apply.
[Amended 10-13-2022 by Ord. No. 2022-10]
A. 
Streetlighting shall be provided by the developer at no cost to the Borough at intersections and other areas determined by the approving authority to be necessary for vehicular and/or pedestrian safety. Consideration shall be given to driver visibility and sight distance when vehicles enter and exit driveways and street intersections as well as potential glare to adjacent uses.
B. 
The developer shall arrange for the streetlighting, at his expense, in such manner that the Borough will not be amortizing the capital cost of the streetlight in the electric company's regular billing for electric service.
C. 
Electrical service for streetlights shall be underground, and streetlights installed as part of development applications shall be at the sole expense of the developer.
D. 
The type of streetlighting to be installed shall be a maximum of 30 feet high. The style of pole and fixture shall be submitted as part of the development application to be approved by the approving authority. The lights shall be located at each street intersection and at major driveways as determined by the approving authority. Streetlights shall be located on the same side of the street. The lights shall be one-hundred-watt mercury vapor luminaire unless otherwise specified by the approving authority. Streetlights located between intersections shall be located at crests of hills, bottom of hills, the beginning and end of curves having a radius of less than 350 feet or an internal angle greater than 30º, and such other locations as may be determined by the approving authority as necessary for public safety.
E. 
Upon notification, in writing, by the developer to the approving authority and Borough Council that the streetlighting on a dedicated public street has been installed and accepted for service by the public utility and that certificates of occupancy have been issued for at least 50% of the dwelling units and/or 50% of any floor area of nonresidential uses in the development, the Borough shall, within 30 days following receipt of the notification, make appropriate arrangements with the public utility for and assume the responsibility of the costs of the streetlighting on a continuing basis. Compliance by the Borough with the provisions of this section shall not be deemed to constitute acceptance of the street by the Borough.
A. 
All developments shall be served by paved streets with an all-weather base and pavement with an adequate crown. The arrangement of streets not shown on the Circulation Element of the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets, conform to the topography as far as practicable and allow for continued extension into adjoining undeveloped tracts.
B. 
When a development adjoins land capable of being developed or subdivided further or where it would be appropriate to have street connections as part of a convenient street system or where the implementation of the Circulation Plan of the Master Plan is intended, stub streets shall be constructed up to the appropriate lot line(s) or to the abutting street in order to provide an interconnected street system for future access between developments, more efficient public services and alternate means of emergency access.
C. 
Local streets shall be designed to discourage through traffic.
D. 
In all residential zones, development bounded by any arterial or collector street shall control access to said streets by having all driveways intersect local 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 street, 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 a buffer area. The buffer area shall be planted with nursery-grown trees and evergreens for the full length of the development. Where topography permits, earthen berms may be constructed. Berms shall not be less than four feet in height and side slopes shall be no steeper than three to one; they shall be stabilized by ground cover to prevent soil erosion and 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 and evergreens planted in the buffer area shall be balled and burlapped nursery stock. Trees shall have a caliper of not less than three inches as measured at breast height. Evergreens shall be six to eight feet high. All material shall be 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 insect pests and disease, suitable for street use and durable under the maintenance contemplated. Any fencing along reverse frontage lots shall be on the development side of the buffer area so the planted material screens the fence from view when viewed from the street. Unless an alternative planting plan is approved, the buffer area shall conform to § 335-77C.
E. 
Rights-of-way. Street rights-of-way shall be measured from lot line to lot line. The continuation of an existing street shall be at the same width as the existing street unless a greater width may be required in accordance with the following schedule. Where arterial or collector streets intersect another arterial or collector street, the right-of-way and cartway shall be increased by 10 feet on the right side of the street approaching the intersection for a distance of 300 feet from the intersection of the center lines.
Type of Street
Minimum Right-of-Way
(feet)
Minimum Paving Width
(feet)
Arterial
86
46
Collector
60
40
Local
50
30*
* NOTE: The pavement width on residential streets may be reduced to 26 feet provided that an ordinance is adopted by Borough Council prohibiting curbside parking along that street, no apartment or townhouse unit fronts on the street and all detached single-family homes have at least a two-car garage set back at least 40 feet, plus a paved area off either one side or the end of the driveway measuring at least 18 feet by 18 feet.
F. 
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 Borough Council.
G. 
In the event that a development adjoins or includes existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this chapter, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be anticipated in the development's design by either dedicating the additional width or creating oversized lots to accommodate the widening at some future date. The additional widening shall be for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other improvements customarily located in street rights-of-way. Where the land is not dedicated but oversized lots are created, the intention for the street widening shall be expressed on the plat as follows: "Street right-of-way easement granted to the Borough of Berlin (or county or state) to enter upon these lands for street improvement purposes provided for and expressed in the Zoning Ordinance of the Borough of Berlin." This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain any facilities installed in this dedicated area or as shown on the plat or as provided for by any maintenance or performance guaranties. If the subdivision is along only one side of a street, 1/2 the required extra width shall be anticipated.
H. 
Longitudinal grades on all local streets shall not exceed 8% and on arterial and collector streets shall not exceed 4%. The minimum longitudinal gradient shall be 0.75%. Maximum gradients of any street within 50 feet of an intersection shall be 2%.
I. 
No local street shall 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 intersection. The curblines shall be equal distances from and 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 at any one point. Collector and arterial streets intersecting another street from opposite sides shall be either directly opposite each other without offset or have an offset distance between center lines of at least 250 feet. Any development abutting an existing street which is classified as an arterial or collector street shall be permitted not more than one new street intersection every 800 feet on the same side of the street. 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 at the curbline with the street having the following highest radius requirement determining the minimum standard for all curblines: arterial at 35 feet, collector at 25 feet and local streets at 20 feet.
J. 
Sight triangles shall be provided as required in § 335-62, Sight triangles.
K. 
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 550 feet for an arterial street.
L. 
All changes in center-line gradient shall conform to AASHTO standards for vertical curves and be based on a design speed five miles per hour higher than the posted speed.
M. 
Culs-de-sac and dead-end streets.
(1) 
Permanent dead-end streets (culs-de-sac) shall be avoided, except where no practical alternative exists. The intent is to maximize interconnecting local streets for more efficient and economical public services and to more reasonably assure alternate means of access by emergency vehicles.
(2) 
Dead-end streets (culs-de-sac) of a permanent nature, where they might be approved as an exception, shall serve no more than 12 single-family lots or 40 townhouse or apartment units and shall provide a turnaround at the end with a right-of-way radius of not less than 50 feet and a curbline radius of not less than 40 feet. The center point for the radius shall be offset so the right-of-way and curbline are tangent to the right side of the street as one enters the cul-de-sac. No cul-de-sac shall exceed a length of 600 feet.
(3) 
If a dead-end street is of a temporary nature and a turnaround is required, provisions shall be made for removal of the turnaround and reversion of the excess right-of-way to the adjoining property(ies) as an off-tract responsibility of the developer creating the street extension when the street is extended. The reversion of the right-of-way to the abutting lot shall be a condition established in the deed to the lot which will receive the excess right-of-way.
N. 
No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets in the Borough and surrounding communities served by emergency services, so as to be confusing therewith. The continuation of an existing street shall have the same name. The names of new streets shall be a determination of and be approved by the approving authority.
O. 
Street construction.
(1) 
General. Unless otherwise specified by the Borough, all work shall be performed in accordance with New Jersey State Highway Department Standard Specifications for Road and Bridge Construction, latest revision. These specifications shall govern the installation and construction of improvements in all sections of subdivisions whose final plats have not received formal Borough approval prior to the effective date of this chapter and to all construction work hereafter performed on previously approved final plats where adherence to the new specifications will not impose unnecessary hardships by reasons of prior commencement of such construction, prior commitments of contracts or prior delivery of materials.
(2) 
Pavement subbase and subdrainage. After the roadway site has been cleared, the Borough Engineer (hereinafter referred to as the "Inspector"), together with the engineering representative of the owner, shall test the natural subsoil material and subsoil drainage conditions by borings and soil analysis. Borings shall be no farther apart than 400 feet. On the basis of the analysis and determination of this professional judgment as to the minimum standards for fully satisfactory results, the Borough Engineer shall specify the requirements for subbase, subdrainage, roadway base and pavement from among the alternatives below. Such requirements shall then be incorporated by the owner in the final cross sections, profiles and utility plants submitted to the Planning Board as part of the development application. The Borough Engineer shall also submit a written report as to the conformance of the final plans to the requirements he has specified.
(a) 
If the natural subsoil contains 15% or less of material passing a No. 200 sieve and has adequate subsurface drainage, the owner shall be permitted to construct, directly upon the graded natural subsoil, pavement of a kind hereinafter specified.
(b) 
If the natural subsoil contains more than 15% of material passing a No. 200 sieve and has adequate subsurface drainage, a subbase of a thickness determined by the Engineer, but in no case less than six inches thick, shall be constructed. The subbase shall be of road gravel or similar material containing not more than 12% of material passing a No. 200 sieve and shall be constructed in accordance with Division 2, Section 9, of the State Specifications.
(c) 
If the natural subbase contains more than 15% of material passing a No. 200 sieve and does not have adequate subsurface drainage, underdrains of such size, location and number together with access facilities as determined by the Engineer shall be constructed in addition to the required subbase. Such underdrains may be constructed longitudinally on the side of the street and transverse to the street. Where constructed in the center of the street, underdrains shall be located with a minimum clearance of 18 inches from the sanitary sewer. The trench in which underdrains specified for roadway subsurface drainage purposes are laid shall be filled with crushed stone or washed pebbles (from 3/8 inch to 3/4 inch in size) for a minimum of six inches below, on both sides and above the pipe, and the balance of the trench from the top of the stone or washed pebbles to the subbase shall be filled with approved porous material for a width at least equal to the bottom of the trench with a two-inch layer of salt, hay or untreated paper being placed upon the top of the stone or washed pebbles. Underdrains shall be Type F, constructed in accordance with Division 5, Section 1, of the State Specifications.
(3) 
Pavement.
(a) 
Materials.
[1] 
Bituminous stabilized base course. Materials shall conform to the requirements specified therefor in Section 2A of the Standard Specifications of the New Jersey Highway Department for bituminous stabilized base course, Stone Mix, Mix No. 1, except that the minimum bitumen content shall be 5%.
[2] 
Surface course. The paving materials shall be FABC Mix No. 5 as specified in the New Jersey State Highway Department Standard Specifications, except that the minimum percentage of bitumen shall be 6%.
(b) 
Methods of construction.
[1] 
Subgrade. Before construction of the pavement, the subgrade shall be in a properly finished condition conforming to the proper line and grade and free of any soft spots or other deficiencies. Not more than 24 hours prior to commencing operations on any subgrade, the subgrade shall be tested by running a roller or a weight at least equal to that to be used in the paving operation over the entire subgrade area. When permitted by the Engineer, testing may be performed by other equipment, such as loaded trucks. When, in the opinion of the Engineer or his representative, the deformation of the subgrade under such tests is excessive, the subdivider will be required to stabilize the subgrade in a manner satisfactory to the Engineer. The subgrade shall not be prepared during freezing weather or when frozen or when it is unstable.
[2] 
Bituminous stabilized base course, the method of construction indicated for materials above. The base course shall be laid on a properly prepared subgrade approved by the Borough Engineer. Upon completion of base course construction, the contractor shall cut samples from the pavement with a jackhammer, coring machine or other means suitable to the Engineer. The sample shall be intact for the full thickness of the base course and shall be of a size suitable to the Engineer. At least one sample shall be cut for every 1,000 square yards of base course. Where deficiencies in the required minimum thickness are noted, at least two additional cores will be required to determine the extent of such deficiency. The average thickness of the base course as determined by any five or more samples representing continuous areas of pavement shall be not less than five inches or six inches, and the minimum thickness permitted at any location will be 4 1/2 inches or 5 1/2 inches. The deficiency shall be made up by increasing the thickness of the surface course.
[3] 
Surface course.
[a] 
Prior to placing the surface course, the contractor shall repair any defects in the base course. Where cracking or any other type of failure has occurred in the base course, the contractor shall completely remove the base course, stabilize the subgrade, if necessary, and construct a new base course. Where the deficiency involves depressions or raveling in the surface of the base course, the repair may be made by skin-patching with a suitable bituminous material.
[b] 
For checking gutter drainage, the subdivider shall supply sufficient water at the high points of the streets and shall run said water into gutters in order to determine whether or not gutter grades are satisfactory. Wherever puddles occur, he shall skin-patch the base course to achieve proper grades in the gutters. After repair of the base course, a tack coat shall be applied as specified in Section 3.10 of the New Jersey State Highway Department Standard Specifications.
[c] 
In the event of any deficiency in the surface course such as raveling, depressions, cracking, etc., such deficiencies shall be repaired by removing the surface course and replacing with new material.
[4] 
All equipment and methods of construction shall conform to the New Jersey State Highway Department Standard Specifications of 1961, except that one roller may be used where the area to be paved is sufficiently small, in the opinion of the Engineer, to make the second roller unnecessary.
(c) 
Thickness.
[1] 
Paving sections shall be as shown below:
Street Classification
FABC-1 Mix I-5
(inches)
Stabilized Base Mix I-2
(inches)
Dense Graded Aggregate
(inches)
Industrial
3
5
8
Arterial
3
5
6
Collector, local and other minor streets
2
4
6
[2] 
The applicant may propose alternate paving sections if laboratory CBR tests warrant such a change and the revision is acceptable to the Borough Engineer. However, in no instance shall less than four inches total asphalt thickness be permitted.
P. 
Applicants for retail and multifamily developments, where the general public travels private roads, aisles, and driveways, shall consent, in writing, to the Borough Council to the enforcement of New Jersey Statutes Title 39, Motor Vehicles and Traffic Regulation, on the property.
A. 
Street signs shall be installed prior to issuing a certificate of occupancy.
B. 
The location of the street sign shall be determined by the Engineer, but there shall be at least two street signs furnished at each four-way intersection and one street sign at each T-intersection. All signs shall be installed free of visual obstruction and show both street names.
C. 
Each sign unit shall consist of high early Type 3 portland cement with two No. 3 reinforcing bars running the full length of the unit. Each sign unit shall be seven feet long and with 30 inches implanted in the ground. The sign unit shall be six inches by six inches the entire length of the unit, except that the last one inch shall be slightly tapered. All letters for the street names shall be 2.5 inches high. The sign shall be an aluminum plate, five inches by 36 inches in size with rounded corners. The sign background shall be 3M green reflective while the letters shall be white reflective. The signs are to be predrilled and use stainless steel hardware. The developer shall be responsible for the cost of labor and materials for installation as well as the cost of each sign unit.
D. 
Each principal building shall attach a street number in size and location as required in Chapter 111, Buildings, Numbering of, of the Code of the Borough of Berlin.
The developer shall arrange for the construction of a looped and interconnected water distribution system to assure adequate water service to each lot, dwelling unit or other use within the development. The system shall have adequate capacity and pressure for fire hydrants located in accordance with § 335-42, Fire protection; meet the requirements and standards as to size, material and construction of the Borough Department of Public Works, approved by the Borough Engineer; and have adequate capacity and sustained pressure for present and probable future development. If any part of the system must be installed outside streets or other public rights-of-way, the developer shall provide the necessary rights-of-way or easements (see § 335-41, Easements). The water mains installed shall meet the requirements of the New Jersey Department of Environmental Protection. All water mains are to be pressure-tested and disinfected in accordance with American Water Works Association (AWWA) standards prior to acceptance. As-built drawings shall be submitted showing the location of all valves, fittings, changes of direction and laterals with location dimensions to three permanent features.
[1]
Editor's Note: Former § 335-70, Stormwater Control Ordinance for Pinelands Area, added 2-26-2008 by Ord. No. 2008-01, was repealed 4-13-2023 by Ord. No. 2023-02. See now Ch. 336, Stormwater Control, Art. II, Stormwater Control in Pinelands Area