[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:
(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.
All work and material shall be in accordance
with the Standard Specifications of the New Jersey Department of Transportation,
latest edition.
[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.
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.
Also see the sections entitled "Drainage," "Easements," "Soil erosion and sediment control" and "Stormwater runoff" in Article
V.
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.
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.
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.
See §
335-36, Cluster development and lot size averaging.
[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.
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.
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) 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.
[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.
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.
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).
[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.
All site plans and major subdivisions shall
incorporate soil erosion and sediment control programs consistent
with and approved by the Soil Conservation District.
[Amended 5-4-2006 by Ord. No. 2006-6]
A. General.
(1) The Storm Water Management Act, P.L. 1981, c. 32, 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.
(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]
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.