A.
All developments shall conform to design standards encouraging sound
development patterns within the Borough. Where an Official Map or
Master Plan has been adopted, the development shall conform to same.
B.
Character of land. Lands identified in the Master Plan as critical
areas or having severe or moderate soil characteristics, particularly
as the lands relate to flooding, improper drainage, shallow depth
to water table, steep slopes, rock formations, utility easements or
similar features, shall not be used as buildable areas unless adequate
and acceptable methods meeting the regulations of this chapter, and
all other regulations, are incorporated.
Nothing in this chapter shall require any changes in a building
permit, site plan or zoning variance which was approved before the
enactment of this chapter, provided that construction shall have been
started within one year from the effective date of this chapter, and
the project shall be continuously pursued to completion. Otherwise,
said approvals and permits shall be void.
A.
Loading spaces shall be required for all buildings occupied by a
nonresidential use and for any residential development containing
30 or more dwelling units and for large-scale public and quasi-public
uses, in accordance with the requirements of Table 7 below.
B.
Each such loading space shall not be less than 12 feet in width and
35 feet or more in length, depending upon the functions to be performed.
The overall floor-to-ceiling height or clear height distance shall
not be less than 14 feet, which may be increased where required.
|
Table 7
Off-Street Loading Requirements
| |||
|---|---|---|---|
|
Land Use**
|
Floor Area at Which First Berth Is Required
(square feet)
|
Floor Area at Which Second Berth Is Required*
(square feet)
| |
|
Industrial, manufacturing
|
5,000
|
40,000
| |
|
Laboratory, research or commercial
|
5,000
|
40,000
| |
|
Retail
|
5,000
|
20,000
| |
|
Service establishments
|
5,000
|
40,000
| |
|
Commercial recreation
|
5,000
|
100,000
| |
|
Restaurant
|
2,000
|
25,000
| |
|
Office buildings
|
5,000
|
100,000
| |
|
Funeral home
|
10,000
|
100,000
| |
|
Residential apartment building, including senior housing complexes
|
10,000
|
100,000
| |
|
Institutional, public schools
|
10,000
|
100,000
| |
|
Hospitals, nursing homes, congregate care facilities
|
10,000
|
100,000
| |
|
Auditoriums, arenas
|
10,000
|
100,000
| |
|
NOTES:
| ||
|---|---|---|
|
*
|
An additional berth shall be required for each additional amount
of square feet as indicated and as required between the need for one-
and two-berth intervals.
| |
|
**
|
In the case of a multiple-use building, the amount of off-street
loading required shall be equal to the sum of the parts, unless same
can be demonstrated to be in excess, and shall be subject to determination
by the approving authority.
| |
C.
Except for required buffer areas, each such loading space may occupy
any required side or rear yard but shall not be located in any required
front yard. When adjoining a residential use, institutional use or
place of general assembly, a suitably screened or landscaped buffer
shall be provided.
D.
Off-street loading spaces shall not be located within any fire prevention
zone, within 25 feet of any fire hydrant or within 10 feet of any
stairway, doorway, elevator or other general means of entry to and
from a building for the general public, nor shall it block, or in
any way interfere, with the free flow of pedestrians from any means
of ingress or egress, nor shall it interfere with the free flow of
pedestrians or vehicles. All such loading spaces shall be appropriately
indicated by a sign or other visual communication as to said location.
E.
All loading and unloading shall be conducted entirely within the
boundaries of the lot concerned, and no vehicle or conveyance shall,
in any manner, use public streets, sidewalks or rights-of-way for
loading or unloading operations other than ingress or egress to the
lot.
A.
Curbs for nonresidential and mixed-use developments. Unless waived
by the approving authority, concrete or granite (Belgian) block curbs
shall be installed along all streets according to the following standards:
(1)
Construction of all curbs shall conform to NJDOT Standards and Specifications
for Road and Bridge Construction, 1989, Section 605, and supplements
thereto, and shall meet the Borough Engineer's approval. All concrete
to be used shall be Class B, as specified in NJDOT Standards and Specifications,
and supplements thereto.
(2)
Granite curbs shall have a ten-inch to twelve-inch vertical height.
(3)
Curbs shall be set in a Class B concrete base, at least four inches
thick, in front and rear of the granite block and at least six inches
thick below the block. The combined block and concrete base shall
have a minimum vertical dimension of 18 inches.
(4)
Curbs shall have a six-inch exposed vertical face above the finished
pavement surface.
(5)
Joints shall measure 3/8 inch to 1/2 inch in width.
(6)
The curb height at all driveway openings shall be lowered to a point
two inches above the finished pavement.
(7)
The curbing shall be designed to provide 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.
B.
Curbs for residential developments.
(1)
Curb requirements shall vary according to street hierarchy and intensity
of development, in accordance with the requirements set forth in Appendix
B (N.J.A.C. 5:21-4.2).[1] Generally, curbs shall be required on streets with on-street
parking.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
(2)
Where curbing is not required, edge definition and stabilization
shall be furnished for safety reasons and to prevent pavement unraveling.
Curbing may be required for stormwater management, road stabilization,
delineation of parking areas, 10 feet on each side of drainage inlets,
intersections, corners, and tight radii.
(3)
Curb requirements may be waived by the appropriate municipal approving
agency, and shoulders and/or drainage swales used, when it can be
shown that soil and/or topography make the use of shoulders and/or
drainage swales preferable, and/or the community desires to preserve
its rural character by using shoulders and/or drainage swales instead
of curbs. In cases of medium development intensity, the curbing requirement
may be waived where front setbacks exceed 40 feet, and it can be demonstrated
that sufficient on-site parking exists.
(4)
Curbs shall be constructed according to the specifications set forth
in N.J.A.C. 5:21-4.17.
(5)
Curbing shall be designed to provide a curb ramp in compliance with
the Americans with Disabilities Act or the Barrier Free Subcode of
the New Jersey Uniform Construction Code (N.J.A.C. 5:23-7) at street
intersections, as applicable.
A.
Shoulders and/or drainage swales should be used instead of curbs
in residential developments when soil and/or topography make the use
of shoulders and/or drainage swales preferable and/or to preserve
community character.
B.
Shoulders shall be provided in accordance with the requirements in
Table 4.3 in Appendix B.[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
C.
Shoulders shall be four feet wide, except for minor collector streets
of high intensity with off-street parking, and major collector streets
of medium and high intensity shall be six feet and eight feet wide,
respectively, on each side for all streets and located within the
right-of-way as shown in the street illustrations in Appendix B.[2]
[2]
Editor's Note: Appendix B is included at the end of this chapter.
D.
Shoulders shall be constructed of materials such as stabilized earth,
gravel, crushed stone, bituminous treatment, or other forms of pavement
which provide for vehicle load support.
A.
Nonresidential development. Sidewalks shall be installed in locations determined by the approving authority to be in the interest of public safety considering the probable volume of pedestrian traffic, the adjoining street classification, school bus stops, the development's location in relation to other populated areas and the general type of improvement intended. Where required, sidewalks should be at least four feet wide and located as approved by the approving authority. Sidewalks shall be placed upon a compacted subgrade, overlaid with at least four inches of porous material, such as sand or gravel. Concrete sidewalks shall be at least four inches thick, except at points of vehicular crossing, where they shall be at least six inches thick, of Class B concrete having a twenty-eight-day compressive strength of 4,000 pounds per square inch and shall be air-entrained. Blacktop or sidewalks of other approved materials shall be constructed as approved by the approving authority upon the advice of the Borough Engineer. Where sidewalks cross curbs, curb ramps shall be provided as outlined in § 195-88, Curbs. Preformed expansion joint material shall be placed at twenty-foot maximum intervals where sidewalks abut curbing or a structure.
B.
Residential development.
(1)
Sidewalks and/or graded areas shall be required, depending on the
road classification and intensity of development, in accordance with
the requirements set forth in Table 4.3 in Appendix B.[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
(2)
Sidewalks shall be provided where graded areas are specified in Table
4.3 when the following conditions exist:
(a)
The net density of the development project exceeds one dwelling unit
per acre, and the development or project is located within 2,500 feet
of a train station or a public or school bus route, the development
or project is located within 2,500 feet of an existing recreational,
business or retail use, or a site where such use is permitted by existing
zoning, or where the proposed streets connect to or extend existing
streets which have sidewalks on both sides; or
(b)
The net density of the development exceeds 0.5 dwelling unit per
acre, and the development is located within two miles of a school.
(3)
Notwithstanding Subsection B(2) above, sidewalks shall only be required on one side of rural streets or rural lanes and shall not be required in alleys.
(4)
Sidewalks shall be placed parallel to the street, as shown in the
street profile figures, unless an exception has been permitted to
preserve topographical or natural features, or if required to provide
visual interest, or unless the applicant shows that an alternative
pedestrian system provides safe and convenient circulation (e.g.,
in planned developments).
(5)
Pedestrianway easements at least 10 feet wide may be required by
the municipal approving authority through the center of blocks more
than 600 feet long. In providing circulation or access to schools,
playgrounds, shopping, adjoining residential areas, or other community
facilities, the municipality shall consider and may require pedestrianway
easements.
(6)
Sidewalk width shall be four feet; wider widths may be necessary
near pedestrian generators and employment centers. Where sidewalks
abut the curb and cars overhang the sidewalk, widths shall be six
feet. In high-density residential areas, when sidewalks abut the curb,
a sidewalk/graded area of at least six feet in width shall be required.
(7)
Sidewalks and graded areas shall be constructed according to the
specifications set forth in N.J.A.C. 5:21-4.18, as follows:
(a)
Sidewalks of concrete shall be four inches thick except at points
of vehicular crossing, where they shall be at least six inches thick.
At vehicular crossings, concrete sidewalks shall be reinforced with
welded wire fabric mesh or an equivalent.
(b)
Concrete air-entrained sidewalks shall be Class C concrete,
having a twenty-eight-day verification strength of 4,000 psi. Other
materials may be permitted, depending on the design of the development.
(c)
Graded areas shall be planted with grass or treated with other
suitable ground cover, and their width and cross slope shall correspond
to that of sidewalks.
A.
Easements shall be along side and/or rear property lines where possible
and shall not be less than 20 feet wide.
B.
All easements shall be dimensioned on the plat and shall be identified
as follows: "(insert purpose of easement) easement granted to the
Borough of Westwood as provided for in the Land Use and Development
Regulations Ordinance of the Borough of Westwood."
A.
At the Board's discretion, an environmental impact report may be
required to accompany preliminary site plans.
B.
The environmental impact report shall comply with the following unless,
as a result of data submitted prior to the preliminary plat, the approving
authority shall have waived or modified certain portions of these
requirements:
(1)
A description of the development specifying what is to be done during
construction and operation, how it is to be done, and practical alternate
plans to achieve the objective(s), all with the intent of minimizing
environmental impacts.
(2)
An inventory of the following on-site environmental conditions and
an assessment of the probable impact of the development upon them:
water supply; water quality; air quality; geology; soils; rock and
properties thereof, including erosion capabilities and limitations;
floodplain protection; sewage disposal; topography, including slopes
in excess of 15%; vegetation protection; wetlands; noise characteristics
and levels; land use; site aesthetics; and historic landmarks. Air
and water quality shall be described with reference to the standards
of the Department of Environmental Protection of the State of New
Jersey, and soils shall be described with reference to Soil Conservation
Service categories and characteristics as they relate to such things
as erosion, sewage capability, floodplains and the seasonal high water
table.
(3)
A list and the status of the approvals needed from federal, state
or county agencies, including comments of these governmental agencies.
(4)
An evaluation of any adverse environmental impacts which cannot be
avoided, including air and water pollution, noise, sedimentation and
siltation, increase in Borough services or capital needs and consequences
to the Borough tax structure.
(5)
A description of steps to be taken to avoid or minimize adverse environmental
impacts during construction and operation, including shipping, receiving,
storage and the methods of handling the identified quantities of chemical,
corrosive, toxic and hazardous materials anticipated in all aspects
of the operation, as well as attaching appropriate maps, schedules
and other explanatory data.
C.
Notwithstanding the foregoing, the approving authority may waive
all or part of an environmental impact report if sufficient evidence
is submitted to support a conclusion that the development will have
a slight or negligible environmental impact or that the complete report
need not be prepared to evaluate the environmental impact of the development.
A.
Wherever a central water supply system exists, provision shall be
made for fire hydrants along streets and/or on the walls of nonresidential
buildings as approved by the servicing Fire Department or Municipal
Engineer and in accordance with the Insurance Services Offices of
New Jersey. The midpoint of all lots served by a central water supply
shall be within 500 feet of a functioning fire hydrant. Hydrants shall
have fire hose threads conforming to the fire company equipment, with
no less than two two-and-five-tenths-inch pumper nozzles. Hydrants
shall be set plumb with nozzles 18 inches above grade. The system
shall be pressure-tested to assure its capability of sustaining the
required pressure at each hydrant.
B.
Where streams or ponds exist on the site, or are proposed, and there
is no central water supply, easements and facilities shall be provided
to draft water for fire-fighting purposes, including access suitable
for fire-fighting equipment, designed and constructed in accordance
with the Insurance Services Office of New Jersey.
A.
Floodplains shall be preserved and not be built upon. Where a property
containing a floodplain is proposed for development or other improvements,
no proposed structures shall be located within the one-hundred-year
floodplain. The uses permitted in the one-hundred-year floodplain
shall be limited to general farming, overflow parking or areas serving
the peak parking and loading demands, lawns and yard space, gardens,
detention basins, ponds and open space/recreation areas not requiring
structures. No septic systems shall be located in the one-hundred-year
floodplain. The one-hundred-year floodplain shall be at least as designated
on the streams identified on the Floodway Maps prepared by the National
Flood Insurance Program, or such broader areas on those streams as
might result from an on-site evaluation. On streams not identified
by the National Flood Insurance Program, the one-hundred-year floodplain
shall be as delineated by a developer's engineer and approved by the
Borough Engineer.
B.
The purposes shall be to:
(1)
Prevent
the encroachment of development into flood hazard areas in order to
protect human life and health;
(2)
Implement
the rules and regulations of the New Jersey Department of Environmental
Protection;
(3)
Guide
construction, regrading and other encroachments that might otherwise
occur in flood hazard areas to other locations outside flood hazard
areas through cluster zoning, transfer of development credits, and
other planned developments;
(4)
Prevent
pollution during low- or high-water periods by eliminating unsanitary
or dangerous substances in flood hazard areas;
(5)
Minimize
public expenditures for flood-control projects, repairs to public
facilities and utility services and rescue and relief efforts; and
(6)
Minimize
disruption in homes, businesses and places of employment.
A.
A lighting plan prepared by a qualified individual shall be provided
with site plan applications. The intensity, shielding, direction and
reflecting of lighting shall be subject to site plan approval by the
approving authority.
B.
All parking areas, walkways, building entrances, loading areas and
driveways required for nonresidential or multifamily uses shall be
adequately illuminated during the hours of operation which occur after
sunset. Any adjacent residential zone or use shall be shielded from
the glare of illumination from site lighting and automobile headlights.
C.
The light intensity at ground level shall average 0.5 footcandles.
However, variations are permitted depending upon the intensity of
the use. The light intensity shall not exceed 0.3 footcandles along
any property line and shall be so arranged and shielded to reflect
the light away from adjoining streets or properties.
D.
The lighting plan shall indicate the proposed light intensity (including
existing fixtures to remain) at ground level where 0.5 footcandles
occur. Manufacturer's lighting detail and specifications, including
footcandle distributions, shall be provided. All lights shall be concealed-source
nonglare lighting and shall be focused downward so that the direct
source of light is not visible from adjoining streets or properties.
The minimum footcandle in the areas used by the public shall be 0.5.
The maximum footcandle is 1.0.
E.
The mounting height of lighting fixtures shall be not more than 20
feet or the height of the building, whichever is less, measured from
the ground level to the center line of the light source.
F.
Shade trees shall be planted a minimum of 10 feet from any freestanding
light fixture.
G.
No lighting source shall be visible from windows, streets and driveways,
nor shall lighting shine directly into or reflect into windows or
onto streets and driveways to interfere with driver vision.
H.
No lighting shall be of a rotating, pulsating or other intermittent
frequency.
Natural features, such as trees, brooks, swamps, hilltops and
views, shall be preserved whenever possible. On individual lots, care
shall be taken to preserve selected trees to enhance soil stability
and the landscape treatment of the area.
A.
Before
final approval, the approving authority may require the payment of
the developer's pro rata share of the following off-site and off-tract
improvements: street improvements, water system, sewerage, drainage
facilities and easements therefor.
B.
Essential off-site and off-tract improvements may be required to
be installed, or a performance guaranty furnished in lieu thereof,
with the total cost borne by the developer.
(1)
Where a development has no direct access to an improved street or
public or private central water supply or central sanitary sewer and
does not qualify for individual sewage disposal systems, the approving
authority may nevertheless grant final approval if the developer shall
acquire and improve such street between the development and an existing
improved street and, in the case of water/sewer system(s), if the
developer shall acquire and improve such water and sanitary sewer
connections between the development and existing facilities as approved
by the approving authority, Governing Body and serving utility company.
(2)
Where drainage waters are diverted from the development into other
drainage systems or onto other lands or streets, and they are not
adequate to accommodate the additional waters, the approving authority
may grant final approval if the developer shall acquire, improve and
dedicate to the Borough such enlarged, additional or new drainage
facilities as approved by the approving authority and Governing Body.
(3)
Such off-site and off-tract improvements shall be subject to the
design standards of this chapter. In lieu of the developer's performance
of such off-site and off-tract work, the developer may request and
the Governing Body may enter into an agreement for such work to be
performed by the Borough or its contractors at the cost of the developer.
(4)
Where the approving authority determines that off-site and off-tract
improvements are essential to the development, and the developer does
not consent to the improvements, the application shall be denied without
prejudice to a future application at such time as the conditions no
longer apply.
C.
Advisable off-site and off-tract improvements. Where the approving
authority determines that off-site and off-tract improvements would
be advisable, although not essential, and the improvements would promote
the objectives of this chapter and can be most appropriately accomplished
in connection with the development, and particularly where the off-site
and off-tract improvements would be required to be made as a local
improvement by the Borough, with the costs thereof to be assessed
against all properties specially benefited thereby, including the
property of the developer, the following provisions shall apply:
(1)
During the processing of the application, the approving authority
shall refer its recommendations for off-site and off-tract improvements
to the Governing Body.
(2)
If the Governing Body concurs, the Municipal Engineer or other authority
retained by the Borough shall determine the nature of the off-site
and off-tract improvements, including:
(3)
The Municipal Engineer or other authority shall estimate and report
the costs of such work, including all costs to be in any local improvement
ordinance and those to be assessed to the developer, and including
costs for construction, engineering, any easement or right-of-way
acquisition, legal work, advertising, contingencies, bonding and assessments.
(4)
Based upon the above report and the recommendations of the approving
authority, the Governing Body shall determine whether to undertake
such off-site and off-tract improvements as a local improvement.
(5)
If the Governing Body will not adopt such ordinance, the final development
shall be designed accordingly, and the approving authority shall proceed
on that basis.
(6)
If the determination shall be to adopt such local improvement ordinance,
the Governing Body shall proceed in the following manner:
(a)
If sufficient funds are available for the initial appropriation,
the Governing Body may appropriate such funds and adopt such ordinance.
All subsequent proceedings for the making and assessment of the cost
of the off-site and off-tract improvements shall be in accordance
with such ordinance.
(b)
If sufficient funds are not available for the initial appropriation,
the Governing Body may determine the anticipated amount that the lands
of the applicant would be expected to be assessed.
[1]
The amount determined by the Governing Body shall then be deposited
by the applicant with the Borough Treasurer prior to final approval
and prior to introduction of such local improvement ordinance.
[2]
Such deposit shall be made concurrent with an agreement between
the applicant and the Borough concerning the uses of the deposit,
which shall include the following stipulations: that said funds shall
be used by the Borough solely for the construction of such off-site
and off-tract improvements as specified in said agreement and for
the other expenses incidental thereto and the acquisition of any easements
or rights-of-way in connection therewith; that such deposit may be
appropriated by the Borough, with other funds of the Borough, toward
the accomplishment of such purposes and may be commingled with other
appropriated funds and expended by the Borough in connection with
such purposes; that if such deposit is not used by the Borough within
a specified time agreed upon by the applicant, said funds shall be
returned to the applicant; that, upon completion of the work by the
Borough or its contractors, the properties specially benefited by
such improvements shall be assessed as provided by law, including
the property of applicant; and that the applicant's deposit shall
be credited against the assessment made upon the applicant's property,
whether or not the applicant is then the owner thereof, and if such
deposit was less than the amount ultimately assessed against such
property, then the owner(s) of said property shall pay the difference
between the deposit and the amount assessed, and the excess shall
be refunded to the applicant without interest.
[3]
Where said off-site and off-tract improvements are found by
the approving authority to be advisable and important to the sound
development of the site, although the off-site and off-tract improvements
may not be found to be the type of essential off-site and off-tract
improvements as defined above, but the developer is unwilling to make
such deposit as specified above, then there shall be no final approval
until funds become available for the initial appropriation required
to adopt the local improvement ordinance.
(7)
The determination of the Governing Body whether or not to proceed
toward the adoption of a local improvement ordinance shall be made
within 30 days after the referral by the approving authority unless
such time shall be extended with the consent of the applicant. If
the determination is not made within the designated period, the approving
authority may proceed as if the Governing Body had determined that
it would not adopt such local improvement ordinance.
All public services shall be connected to approved public utilities
systems where they exist. Utilities shall be located within the right-of-way
on both sides of and parallel to the cartway or within utility easements
outside the right-of-way.
A.
The distribution supply lines and service connections shall be installed
underground, except that lots which abut streets with existing overhead
electric or telephone distribution supply lines and service connections
may be supplied with electric and telephone service from those overhead
lines, but the service connections shall be installed underground.
In the case of existing overhead utilities, should a road widening
or an extension of service or other such condition occur as a result
of the development and necessitate the replacement, relocation or
extension of such utilities, such replacement, relocation or extension
shall be underground.
B.
The developer shall submit to the approving authority, prior to final
approval, a written instrument from each serving utility indicating
full compliance or intended full compliance with the provisions of
this section.
C.
Utility areas shall be planted with grass, ground cover, or treated
with other suitable cover material. Where natural foliage is not sufficient
to provide year-round screening of any utility apparatus appearing
above the surface of the ground, other than utility poles, the applicant
shall provide sufficient live screening to conceal such apparatus
year round.
D.
On any lot where soil conditions, rock formations, woods or other
special conditions exist and the developer deems it a hardship to
comply with the provisions of this section, the developer may apply
to the approving authority for an exception from the terms of this
section. Where overhead lines are permitted as the exception, the
alignments and pole locations shall be routed to avoid locations along
horizons and to avoid the clearing of swaths through treed areas by
selective cutting and a staggered alignment, by planting trees in
open areas at key locations to minimize the views of the poles and
alignments, by following rear lot lines and other interior locations
and similar design and location considerations to lessen the visual
impact of overhead.
A.
All portions of the property not utilized by buildings or paved surfaces shall be landscaped. The proposed landscaping should consider the use of the following: shade trees, ornamental trees, evergreen trees, shrubbery, perennials, annuals, ground cover, lawn areas, fencing, trellises, gravel and rock arrangements. The landscape plan should consider the planting of plant material native to the area in order to maintain or reestablish the vegetation in the area and lessen the visual impact of the structures and paved areas and improve infiltration of stormwater. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and siltation as outlined under the soil erosion and sediment control regulations (§ 195-101) and the floodplain regulations (§ 195-94), as well as to assure that the capacity of any natural or man-made drainage system is sufficient to handle the water from the site and contributing upstream areas.
B.
All trees shall have a minimum diameter of 2 1/2 inches, measured six inches above the ground, and shall be of a species approved by the approving authority. Trees shall be planted 25 feet to 40 feet apart and parallel to, but no more than 20 feet from, the curbline. A minimum of two shade trees shall be provided along the frontage of each lot. The shade trees shall be balled and burlapped, nursery-grown, free from insects and disease and true species and variety in accordance with the American Association of Nurseryman Standards. Dead or dying trees, within the preceding two years from the date of installation, shall be replaced by the developer during the next recommended planting season. Parking lots shall be planted as required in Article XX, Off-Street Parking Requirements, of this chapter.[1]
C.
Stripping trees from a lot or filling around trees on a lot shall
not be permitted unless it can be shown that grading requirements
necessitate removal of trees, in which case those lots shall be replanted
with trees to reestablish the character of the area and to conform
to adjacent lots.
D.
A landscape plan prepared by a certified landscape architect, certified
by the New Jersey Board of Landscape Architects, or other qualified
individual, shall be submitted with each major site plan application.
Landscaping shall be provided to promote a desirable visual environment,
to screen parking and loading areas, to provide windbreaks for winter
winds and summer cooling for buildings, streets and parking and to
mitigate adverse visual impacts. The landscape plan shall provide
the following information:
(1)
Existing wooded areas, rock outcroppings and existing and proposed
water bodies;
(2)
Existing and proposed topography and location of all landscaped berms;
(3)
Location, species sizes and quantity of all proposed shade trees,
ornamental trees, evergreen trees, shrubs and areas for lawns or any
other ground cover;
(4)
A plant schedule indicating botanical name, common name, size at
time of planting, quantity, spacing and any special remarks for all
plant material proposed;
(5)
Planting and construction details and specifications.
Sight triangles shall be required at each quadrant of an intersection
of streets, and streets and driveways. The area within sight triangles
shall be either dedicated as part of the street right-of-way or maintained
as part of a 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 24 inches above the center-line grade of either intersecting
street or driveway or lower than 10 feet above their center lines,
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 and grade to
provide the sight triangle. The sight triangle is that area outside
the right-of-way bounded by the intersecting street lines and a straight
line which connects sight points located on each of the two intersecting
street center lines: arterial streets at 300 feet, collector streets
at 200 feet and local streets at 90 feet. Where the intersecting streets
are both arterial and one collector, two overlapping sight triangles
shall be required, formed by connecting the sight points noted above
with a sight point 90 feet on the intersecting street. Any development
requiring site plan approval shall provide sight triangles 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 where a new street is not included on the
Master Plan. A sight triangle easement shall be expressed on the plat
as follows: "Sight triangle easement subject to grading, planting
and construction restrictions as provided for in the Westwood Land
Use and Development Regulations Ordinance." Portions of a lot set
aside for the sight triangle may be calculated in determining the
lot area and minimum setbacks required by the zoning provisions.
A.
No topsoil shall be removed from the site or used as spoil. Topsoil
moved during the course of construction shall be redistributed so
as to provide at least six inches of cover to all areas of the subdivision
and shall be stabilized by seeding or planting.
B.
All applications for site plan approval shall be designed in accordance
with the requirements of the Bergen County Soil Conservation District.
C.
Any application proposing disturbance of more than 5,000 square feet
of surface area of land as defined in the Soil Erosion and Sediment
Control Act (P.L. 1975, c. 251)[1] shall include on its plans the following:
(1)
The
means to control or prevent erosion, provide for sediment control
basin(s) for soil that does not erode due to water, and control drainage,
dust and mud on the premises as well as abutting lands;
(2)
The
preservation of soil fertility and the resulting ability of the area
affected to support plant and tree growth by maintenance of necessary
lateral support and grades of abutting lands, structures and other
locations;
(3)
The
prevention of pits and declivities which are hazardous or which provide
insect breeding locations;
(4)
That
the physical limitations and characteristics of the soil shall not
be altered to prevent the use to which the land may lawfully be put;
and
(5)
Such
other factors as may reasonably bear upon or relate to the public
health, safety and general welfare.
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
A.
CHANNEL
CONSERVATION EASEMENT
DRAINAGEWAY
ENVIRONMENTALLY CRITICAL AREA
LAND DISTURBANCE
NATURAL DRAINAGE FLOW
NONPOINT RUNOFF
SURFACE WATER
SURFACE WATER MANAGEMENT PLAN
SURFACE WATER RUNOFF
SURFACE WATER RUNOFF DAMAGE
TEN-, TWENTY-FIVE-, OR ONE-HUNDRED-YEAR STORM
WATERCOURSE
WATERSHED
As used in this section, the following terms shall have the meanings
indicated:
A watercourse with a definite bed and banks which confine
and conduct continuously or intermittently flowing water.
An agreement or covenant running with the land which prohibits
all land or vegetation disturbance in favor of a permanent dedication
to natural open space, such agreement to be entered into between the
applicant and the municipality.
Any watercourse, trench, ditch, depression or other hollow
space in the ground, either natural or artificial, which collects
or disperses surface water from land.
Any area which should not be disturbed by uses incompatible
with the paramount public interest in the prevention of surface water
runoff and attendant environmental damage. Examples of environmentally
critical impact areas include but are not limited to lakes, ponds,
floodplains and flood hazard areas, designated stream corridors, steep
slopes, highly erodible soils, wetlands, swamps, marshes, bogs, aquifer
recharge and discharge areas and heavily wooded areas.
Any activity involving the clearing, grading, transporting
or filling of land, and any other activity other than gardening which
alters land, topography or vegetative cover, having a material impact
on surface water drainage or runoff.
The topographical pattern or system of drainage of surface
water runoff from a particular site, including the various drainageways
and watercourses which carry surface waters only during periods of
heavy rains, storms or floods.
Surface water entering a channel from no definable discharge
source.
All water produced by rain, flood drainage, springs and seeps
flowing over the land or contained within a natural or artificial
watercourse.
A plan consistent with the purposes and policies of this
section which fully indicates necessary land treatment measures and
techniques, including a schedule for implementation and maintenance.
The dispersion or drainage of surface water by natural or
artificial means; any overland flow of water across the ground surface
to the nearest conduit.
All damage or harm to property values, land, vegetation and
water supplies, including but not limited to flooding, soil erosion,
siltation and other pollution of watercourses and diminished recharge
of groundwater supply, which damage results or is likely to result
when the dispersion of surface water typical of the land in a meadow
of good hydroponic condition is increased in rate, velocity or quantity.
The most intense probable precipitation to occur in a given
region in a twenty-four-hour period, with a frequency of once in 10,
25, or 100 years.
Rivers, streams, brooks, waterways, lakes, ponds, marshes,
swamps, bogs, and all other bodies of water, natural or artificial,
public or private, other than swimming pools, which are contained
within, flow through or border on the Borough of Westwood.
An area of surface water runoff related to a point of concentration
(such as the topographically determined confluence with another body
of water or a man-made culvert, etc.).
B.
Submission of plan required.
(1)
No person shall engage in any land disturbance activity on any
property within the Borough without having submitted a surface water
runoff management plan, together with erosion and sediment control
plans, to the Planning Board and obtaining approval of such plan or
written waiver of necessity from the Planning Board.
(2)
A surface water management plan shall be approved by the Planning
Board prior to or as a part of site plan approval, conditional use,
zoning variance, issuance of building permit, preliminary subdivision
approval or any other land disturbance activity, as the case may be.
C.
Exemption. Site plans for development where the vegetative cover
of the land will not be disturbed are exempt from the provisions of
this section.
D.
Waiver. The Planning Board may waive, pursuant to a resolution adopted
at a public meeting, the need for a surface water management plan
for applications involving lots of three acres or less upon written
recommendation of the Borough Engineer, certifying that there is no
appreciable increase anticipated in rate or velocity of runoff based
on the plans submitted.
E.
Approval authority; amendments and enforcement of plan.
(1)
Planning Board approval.
(a)
The surface water management plan or any major amendment thereof
shall be approved by the Planning Board in the manner and form and
according to the regulations hereafter set forth.
(b)
The Planning Board, in approving said surface water management
plan, may impose lawful conditions or requirements designated or specified
on or in connection therewith. These conditions and requirements shall
be provided and maintained as a condition to the establishment, maintenance
and continuance of any use or occupancy of any structure or land.
(2)
Minor amendments. Minor amendments to a surface water management
plan may be approved by the Borough Engineer, who shall notify the
Planning Board of the nature and reason for the change.
(3)
Enforcement. If at any time the Borough Engineer finds existing
conditions not as stated on the applicant's approved plan, the Planning
Board or its designated agent shall order cessation of any work and
seek to enjoin the violation or take such steps looking to the enforcement
of the plan as may be lawful.
F.
General standards in preparing plan.
(1)
The amount of runoff generated from the site following completion
of the development shall not exceed that which was generated from
the site prior to said proposed improvement and/or development. Acceptable
engineering practices shall be utilized in determining runoff.
(2)
Maximum use shall be made of presently existing surface water
runoff control devices, mechanisms or areas, such as existing berms,
terraces, grass waterways, favorable hydrologic soils, swamps, swales,
watercourses, woodlands, floodplains, as well as any proposed retention
structures.
(3)
Evaluation shall be made of the nature of the subwatershed of
which the site is part, the receiving stream channel capacities and
point of concentration structure.
(4)
Surface water runoff shall not be transferred from one watershed
to another unless justification for same is presented and acceptable
to the Borough Engineer.
(5)
To the greatest possible extent, the plan shall avoid the concentration
of flow and shall provide for dissipation of velocities at all concentrated
discharge points.
(6)
Reestablishing vegetative cover shall be in accordance with
the Standards for Soil Erosion and Sediment Control in New Jersey,
adopted by the local Soil Conservation District, latest edition.
(7)
Timing for the plan shall establish permanent surface water
management measures prior to construction or other land disturbance,
to include seeding and establishing sod or grass waterways.
G.
Design standards. For calculating runoff and controls, either of
the following methods may be used in computing runoff: the Soil Conservation
Service Method under the United States Department of Agriculture or
the Rational Method.
H.
Data required on plan.
(1)
The applicant shall submit a separate surface water management
plan for any proposed lot, subdivision, site plan review, conditional
use, zoning variance or any land disturbance activity, except for
an exempted activity.
(2)
The plan shall contain the following information:
(a)
Lot and block numbers of the site, as shown on current Borough
Tax Maps.
(b)
Name and address of the owner of the land.
(c)
Size of the watershed and location of the site within a subwatershed(s).
(d)
Location, description and quantification of significant natural
and man-made features on and surrounding the site, including topography,
all impervious surfaces, soil and drainage characteristics, with particular
attention to the location and description of presently existing surface
water runoff control devices, mechanisms or areas, swamps, floodplains,
swales, woods and vegetation, steep slopes and other features critical
to the purposes of this section.
(e)
The size of the nearest culvert or bridge downstream of the
discharge area, profiles and cross sections of stream channels upstream
of that structure, as well as profiles and cross sections of stream
channels at all points of proposed surface water discharge from the
site, as required by the Borough Engineer.
(f)
The location, description and quantification of proposed changes
to the site, whether of a permanent or temporary nature, with particular
attention to impervious surfaces and interception of presently dispersed
flow which may impact upon the capacity of the soil, vegetation cover
and drainageways to absorb, retard, contain or control surface water
runoff.
(g)
Designation of critical or other areas to be left undisturbed
shall be shown in sufficient detail to be accurately marked on the
land. The location and types of barriers to damage during construction
shall be shown.
(h)
Computation of the total surface water runoff before, during
and after the disturbance of land and/or construction of impervious
surfaces.
(i)
Proposed measures for surface water management.
(j)
A schedule of the sequence of installation of the surface water
management structures, stipulating current maintenance, continued
maintenance and responsibility for same.
(k)
The proposed maintenance schedule for all surface water management
structures, stipulating current maintenance, continued maintenance
and responsibility for same.
(l)
All proposed revisions of required data, as well as such additional
data as the Planning Board may require.
I.
Plan implementation.
(1)
Limit of disturbance. Critical impact areas and other areas
to be left undisturbed shall be physically marked with survey stakes
or protected with a temporary snow fence prior to any land disturbance.
(2)
Timing. The Planning Board shall require the construction and/or
installation of surface water management improvements in accordance
with the schedule of sequence of installation, as approved.
(3)
Bonding. The Planning Board shall require the posting of performance
guarantees and maintenance bonds as provided in this chapter.
(4)
Inspection.
(a)
The applicant shall bear full and final responsibility for the
installation and construction of all required surface water runoff
and control measures according to the provisions of the approved plan
and this section. The Borough Engineer shall inspect the site during
its preparation and development and certify that all surface water
management measures have been constructed in accordance with the approved
plan.
(b)
During the 12 months subsequent to completion, the Borough Engineer
shall periodically inspect the site to ascertain that the provisions
of the approved plan are complied with, including the limits of disturbance.
The Borough Engineer shall provide upon request a certificate indicating
the date the required measures were completed and/or accepted.
(5)
Maintenance.
(a)
At the time of approval of the plan, responsibility for continued
maintenance of surface water runoff control structures and measures
shall be stipulated and properly recorded.
(b)
The Borough shall retain the right to enter and make repairs
and improvements where necessary to ensure that all control measures
as well as areas dedicated to surface water retention or groundwater
recharge are adequately maintained and preserved. The Borough may
charge the owner for these costs if such maintenance is the owner's
responsibility.
J.
Nonresidential developments.
(1)
All developments shall incorporate on-site stormwater facilities
that will encourage the recharging of underground aquifers and/or
the slowing down of the rate stormwater leaves the site so that the
rate of stormwater runoff post development will be reduced by 50%
for the two-year storm, 25% for the ten-year storm and 25% for the
one-hundred-year storm.
(2)
Where the amount of runoff determined by the Municipal Engineer
is sufficient to justify detention of peak flow, one or more detention
basins shall be required. Each detention basin shall have a capacity
to accept all surface water directed to it from a one-hundred-year
storm event, with outlets to permit complete draining of the maximum
capacity of the detention basin in not more than 36 hours.
(3)
Developments may incorporate other on-site stormwater detention
or impoundment facilities in the following manner:
(a)
Swales to retard water runoff. Water velocity shall not exceed
three feet per second. The water may be directed to impact-still basins
to evaporate and percolate. The swales shall be seeded and maintained
in lawn areas as appropriate.
(b)
Impoundment/detention basins along streams that maintain steady
flows of water may be constructed, provided that they meet the standards
and have the approval of the New Jersey Department of Environmental
Protection.
(c)
Detention of stormwater on roof surfaces may be designed.
K.
Residential. All installations regarding stormwater management shall
be in accordance with N.J.A.C. 5:21-7.
Topsoil available at the site and moved during the course of
construction shall be redistributed to all areas uncovered in the
course of construction. Whenever sufficient topsoil is not available
at the site, additional topsoil shall be obtained and distributed
in such a manner as to provide a cover of at least six inches of topsoil
or other approved cover to prevent soil erosion on the areas uncovered
during the course of construction or excavation. No topsoil shall
be removed from the site of the development or used as spoil.
A.
Nonresidential.
(1)
Where water is accessible from a servicing utility, the developer
shall arrange for the construction of water mains in a manner and
of material as approved by the Borough Engineer as to make adequate
water service available to each lot, dwelling unit or use. The system
shall be designed with adequate capacity and sustained pressure for
present and probable future development.
(2)
Where public water is not available, potable water supply shall
be provided to each lot or dwelling unit by wells from groundwater
supply. Such wells shall be designed in accordance with the requirements
and standards of the Borough and/or state agency having jurisdiction.
(3)
Where water distribution systems are installed outside streets, easements or rights-of-way shall be required in accordance with § 195-91, Easements.
(4)
Where no municipal consent for a public utility franchise for
water has been granted, upon completion of the water plant and distribution
system, these public facilities shall, at the option of the Borough,
be transferred to the Borough.
(5)
All sanitary sewers and storm sewers will be of a material and
installed in a manner approved by the Borough Engineer.
B.
Residential. All installations regarding water supply and sanitary
sewers shall be in accordance with N.J.A.C. 5:21-5.
A.
There shall be included in any new multifamily housing development
that requires subdivision or site plan approval an indoor or outdoor
recycling area for the collection and storage of residentially generated
recyclable materials. The dimensions of the recycling area shall be
sufficient to accommodate recycling bins or containers which are of
adequate size and number and which are consistent with anticipated
usage and with current methods of collection in the area in which
the project is located. The dimensions of the recycling area and the
bins or containers shall be determined in consultation with the Municipal
Recycling Coordinator and shall be consistent with the district recycling
plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A.
13:1E-99.13), and any applicable requirements of the municipal Master
Plan, adopted pursuant to N.J.S.A. 40:55D-28, as amended by Section
26 of P.L. 1987, c. 102.[1]
B.
The recycling area shall be conveniently located for the residential
disposition of source-separated recyclable materials, preferably near,
but clearly separated from, a refuse dumpster.
C.
The recycling area shall be well lit and shall be safely and easily
accessible by recycling personnel and vehicles. Collection vehicles
shall be able to access the recycling area without interference from
parked cars or other obstacles. Reasonable measures shall be taken
to protect the recycling area and the bins or containers placed therein
against theft of recyclable materials, bins or containers.
D.
The recycling area or the bins or containers placed therein shall
be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recyclable
paper or cardboard, and which are located in an outdoor recycling
area, shall be equipped with a lid, or otherwise covered, so as to
keep the paper or cardboard dry.
E.
Signs clearly identifying the recycling area and the materials accepted
therein shall be posted adjacent to all points of access to the recycling
area. Individual bins or containers shall be equipped with signs indicating
the materials to be placed therein.
F.
Landscaping and/or fencing shall be provided around any outdoor recycling
area and shall be developed in an aesthetically pleasing manner.
