Borough of Spotswood, NJ Article 600 Land Development Regulations

§ 120-601 Off-street parking, loading and driveways.

A. General provisions.

(1) Off-street parking, unloading and service requirements of this section shall apply and govern in all present and future zoning districts within the Borough. Except as provided in this section, no application for a building permit shall be approved unless there is included with the plan for such building, improvement or use a plot plan showing the required space reserved for off-street parking, unloading and service purposes. An occupancy permit shall not be given unless the required off-street parking, unloading and service facilities have been provided in accordance with those shown on the approved plan.

(2) No land shall be used or occupied, no structure shall be designed, created, altered, used or occupied, and no use shall be operated unless off-street parking and loading facilities are provided in at least the amount and maintained in the manner required by this section. No other standard shall be applied. If this chapter does not provide a parking standard for a particular use, the Board may be guided by an alternative parking standard for comparative purposes only.

(3) For residential developments, the number of required parking spaces shall be determined by the number of bedrooms per dwelling unit based on the current Residential Site Improvement Standards issued by the State of New Jersey. For all nonresidential uses, minimum number of spaces shall be based on the requirements of this chapter. If no specific requirement is provided, the Board may be guided by the standards of the Institute of Transportation Engineers, the Urban Land Institute, American Planning Association or other recognized planning sources for informational purposes.

(4) All properties in the Borough of Spotswood shall be subject to all design requirements contained in this subsection, except single-family and two-family residential dwellings, which shall be exempt from site plan review. Driveway and parking requirements for single-family and two-family residential dwellings shall be subject to the "General Regulations" section of this chapter, § 120-301.

B. Parking lot design standards.

(1) The minimum parking space requirement shall be provided. No off-street parking area shall be reduced in size or encroached upon by any building, vehicle storage, loading or unloading space or any other use where such reduction or encroachment will reduce the off-street parking and loading spaces below that required by these regulations.

(2) Off-street parking spaces for all uses shall be provided on the same lot as the main building to be served by such parking.

(3) All off-street parking, off-street loading and service areas shall be separated from walkways, sidewalks, streets or alleys by curbing or other protective device.

(4) Each off-street parking, loading or service area shall be connected to a public street right-of-way by means of a driveway or accessway.

(5) No parking of vehicles shall be permitted in fire lanes, streets, driveways, landscaped areas, aisles, buffer areas, sidewalks or turning areas. Where sidewalks occur in parking areas, parked vehicles shall not overhang or extend over the sidewalk unless an additional two feet of sidewalk width is provided to accommodate such overhang. The arrangement of off-street parking and loading spaces shall be such that no vehicle shall have occasion to back into any street.

(6) Internal roads, parking access aisles, parking areas, curbs and landscaping shall be designed to comply with Borough and/or RSIS standards and reasonably accommodate the turning movements of emergency vehicles regularly and routinely serving the Borough of Spotswood without requiring the mounting of curbs or interference with landscaping. Moreover, where required by the Planning Board and/or Borough Fire Official or other such designated Borough official, there shall be a designated fire lane at least 18 feet in width in front of the primary entrance into the principal building where the parking of vehicles shall not be permitted.

(7) Where there is a row of contiguous parking stalls facing the facade of a building, there shall be a distance of at least 10 feet in width between the building facade and the parking stalls, defined by curbing, to allow access of emergency personnel to the facade of each building facing such parking.

(8) A private walk, if provided adjacent to a building, shall be not less than four feet in width and shall be in addition to the other requirements of this section.

(9) All off-street parking spaces shall be not less than nine feet wide nor less than 18 feet deep. Parallel spaces shall be nine feet wide by 22 feet deep.

(10) Access driveways shall be at least 24 feet wide where used with ninety-degree-angle parking, at least 20 feet wide where used with sixty-degree-angle parking and at least 18 feet wide where used with forty-five-degree-angle parking and at least 15 feet wide where used with thirty-degree-angle parking or parallel parking.

(11) Two-way traffic is only permitted with a driveway at least 24 feet wide. Interior driveways shall be at least 12 feet wide for one-way traffic movement and at least 24 feet wide for two-way traffic movement. A one-way access driveway, exclusive of curb return radii, shall be not less than 12 feet or more than 36 feet in width.

(12) All parking areas and driveways shall be set back minimum five feet from all property lines.

(13) At the intersection of streets, except lanes and alleys, a curb cut shall be set back not less than 25 feet from the intersection of two curblines or such lines extended and shall be set back not less than five feet from the intersection of two property lines or such lines extended. Between the curb returns for any two driveways serving the same property, there shall be at least 25 feet of curb, except that this distance may be reduced to as little as five feet where it is demonstrated that restricted frontage makes this necessary in order to provide not more than two adequate driveways for the property.

(14) For nonresidential uses and all multiple-family developments, all parking and loading areas, maneuvering spaces or access aisles shall be set back at least 10 feet from any street line.

(15) Each off-street parking space shall be clearly marked, with four-inch-to-six-inch painted lines and pavement directional arrows or signs shall be provided wherever necessary.

(16) The off-street parking requirements for two or more nonresidential neighboring uses of the same or different types located on the same lot or on contiguous lots and within the same zoning district may be satisfied by the allocation of the required number of spaces for each use in a common parking facility, provided that the number of off-street parking spaces is not less than the sum of individual requirements, except that any use whose peak attendance will be at night or on Sundays, such as churches, theaters and assembly halls, may be assigned to a use which will be closed at night or on Sundays.

(17) Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a multilevel garage or other structure, said structure shall be considered a building and adhere to the principal building setbacks of the zone in which it is located.

(18) For the purpose of this section, the number of employees shall be computed on the basis of the maximum number of persons to be employed at any one time, taking into consideration day, night and seasonal variations.

(19) When units of measurement determining the number of required off-street parking spaces and off-street loading spaces result in the requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded and any fraction over 1/2 shall require one off-street parking or loading space.

(20) Parking for the physically handicapped shall comply with the requirements of the Barrier-Free Subcode of the New Jersey Uniform Construction Code, N.J.A.C. 5:23-7.13 and 5:23-7:14, and/or its successors.

C. Street access and circulation.

(1) Access to parking lots shall be designed so as not to induce queues on travel ways and to provide adequate pedestrian circulation and safety. There shall be adequate provision for ingress to and egress from all parking spaces to ensure ease of mobility, ample clearance, and the safety of vehicles and pedestrians.

(2) The center lines of any separate access points to a single lot shall be spaced at least 100 feet apart, shall handle no more than three lanes of traffic, and shall be set back from the street line of any intersecting street at least 50 feet.

(a) Only one driveway access shall be permitted for any lot with 150 feet or less of frontage; for lots with 150 feet to 300 feet of frontage, two driveways shall be permitted; and for lots with greater than 300 feet of frontage, the number of driveways shall be determined during the development application review and approval process.

(b) Continuous open driveways having a width exceeding 16 feet at the street line shall be prohibited, except that two-way driveways serving nonresidential uses and multiple-family developments shall be at least 24 feet wide but no greater than 36 feet wide. The minimum width of any driveway shall be 12 feet. In all instances, due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes shall be given.

(3) All points of access to nonresidential and multifamily development shall be graded, and adequate drainage facilities shall be installed to prevent stormwater runoff from entering the public road. Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. All driveway profiles and grades shall be submitted to and approved by the Borough Engineer. Should a sidewalk be so located with respect to the curb at a driveway opening that a vehicle undercarriage is likely to drag, the sidewalk involved shall be adequately depressed or elevated to avoid such a result.

(4) No driveway access on any nonlocal road shall be located on the following: on a traffic circle; on a ramp of an interchange; within 50 feet of the beginning of any ramp or other portion of an interchange; or on any portion of such road where the grade has been changed to accommodate an interchange.

(5) Driveways used for two-way operation shall intersect any road at an angle as near 90° as site conditions will permit and in no case less than 75°. Driveways used by vehicles in one direction of travel (right turn only) may form an angle smaller than 75°, but only with a nonlocal road and when acceleration and deceleration lanes are provided.

(6) Where a driveway serves right-turning traffic from a parking area containing 200 or more parking spaces and the abutting road is classified as an non-local road, an acceleration lane shall be provided in accordance with "A Policy of Geometric Design of Rural Highways," American Association of State Highway and Transportation Officials. Where a driveway serves as an entrance to a development containing 50 or more parking spaces, a deceleration lane shall be provided for traffic turning right into the driveway from any collector, secondary or arterial road. The deceleration lane shall be at least 200 feet long and 13 feet wide measured from the abutting roadway curbline. A minimum forty-foot curb return radius shall be used from the deceleration lane into the driveways.

(7) Any curb opening shall be properly reconstructed to the satisfaction of the Borough Engineer. Where curbing does not exist and conditions warrant, an adequate drainpipe shall be installed by the owner, at the owner's expense, as determined by the Borough Engineer and prior to the issuance of a building permit on the abutting lot.

(8) Driveway grades shall not exceed 10%.

D. Construction details for paving and curbing.

(1) All parking and loading areas and access drives shall be paved as provided below except that the Board, at the request of the applicant and in consideration of the specific parking needs of the applicant, may permit a reduction in the paved area devoted to parking, provided that:

(a) The submitted plan shall include all the parking spaces required by this chapter, and shall include those spaces to be paved and those requested not to be paved;

(b) The drainage system for the site shall be designed to accommodate the surface water runoff from all parking and driveway areas, considering all such areas to be paved, whether proposed to be paved as part of the application approval or deferred to a possible future date; and

(c) The applicant shall provide in writing on the submitted plan the conditions upon which banked, nonpaved parking areas should be paved.

(2) All parking and loading areas and access drives shall be paved as outlined below unless otherwise specified by the Board and approved as part of the development application approval. All parking areas, regardless of size and location, shall be suitably drained and maintained.

(a) Areas of ingress and egress, parking stalls, loading and unloading areas, major interior driveways or access aisles and other areas likely to experience heavy traffic shall be paved with not less than six inches of compacted base course of plant mixed bituminous, stabilized base course (Mix No. I-2), constructed in layers of not more than three inches compacted thickness and prepared and constructed in accordance with New Jersey State Highway Standard Specifications for Road and Bridge Construction (1989) and any amendments thereto. A minimum two inches compacted wearing surface of bituminous concrete mixtures (Mix No. I-5) shall be constructed thereon in accordance with the aforesaid New Jersey Highway Department specifications and amendments thereto.

(b) Where subgrade conditions of proposed paved areas are wet, yielding or of such a nature that surfacing would be inadvisable without first treating the subgrade, the areas shall be excavated to a suitable depth below the proposed grade and filled with dense graded aggregate base materials as approved by the Borough Engineer. Where required by the Borough Engineer, a system of subsurface drains or an alternate solution approved by the Borough Engineer shall be constructed beneath the surface of the paved area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the surfacing material, as described heretofore, shall be constructed thereon.

(3) All paved parking and loading areas and access drives shall be curbed, except single-family residential driveways. Curbing shall be depressed at the driveway or the curbing may be rounded at the corners and the driveway connected with the street in the same manner as another street.

(4) All construction shall be in accordance with the standard construction and detail sheets,[1] as may be promulgated by the Borough Engineer and adopted by the Borough according to law, and the New Jersey Standard Specifications for Road and Bridge Construction (1989), latest edition, and any amendments thereto.

[1] Editor's Note: Detail sheets are included as an attachment to this chapter.

(5) All off-street parking, off-street loading and service facilities shall be so drained as to prevent damage to abutting properties or public streets and shall be constructed of materials which will assure a surface resistant to erosion. Such drainage and materials shall be installed as required by the engineer. All such areas shall be at all times maintained at the expense of the owners thereof in a clean, orderly and dust-free condition.

E. Minimum number of parking spaces. Minimum space requirements for off-street parking area shall be as follows:

(1) Retail sales, drugstores, convenience stores and all other personal service uses not specified: one parking space per 150 square feet of gross floor area.

(2) Barber shops, beauty salons, day spas: one parking space per 100 square feet of gross floor area.

(3) Grocery stores, supermarkets: one parking space per 200 square feet of gross floor area.

(4) Mixed-use strip malls and shopping centers greater than 15,000 square feet: four parking spaces per 1,000 square feet of gross floor area of the entire facility.

(5) General offices: one parking space per 250 square feet of gross floor area.

(6) Medical or dental offices: one parking space per 100 square feet of gross floor area.

(7) Hospitals, veterinary clinics or walk-in medical centers: one space per 100 square feet of gross floor area.

(8) Banks: one parking space per 200 square feet of gross floor area. Additionally, all drive-in banks shall provide vehicle stacking for at least 10 automobiles per drive-in window for queuing purposes, and one by-pass lane for the drive-through facility.

(9) Restaurant, tavern, bakery, deli, coffee shop, cafes or similar sit-down eating establishments: one parking space per 75 square feet of gross floor area.

(10) Drive-in or drive-through restaurants and similar eating establishments shall provide one parking space per 50 square feet of gross floor area. Additionally, drive-in restaurants shall provide stacking room for at least 15 automobiles per drive-in window for queuing purposes.

(11) Automotive repair, service, sales, or washing uses shall provide four spaces, plus one parking space per refueling position, plus one space per service bay, plus one space per vehicle wash lane, plus one space per vacuum station, plus one space per 1,600 square feet of vehicle display space.

(12) Indoor recreation, dancing, bowling, skating, climbing, gymnastics, karate, art studios or similar places of assembly: one parking space per 150 square feet of gross floor area.

(13) Movie theatres: one parking space per two seats.

(14) Hotels or motel: one parking space per room, plus one per employee at maximum shift, plus one per 200 square feet of meeting, conference or banquet hall space.

(15) Mortuary or funeral homes: one parking space per 25 square feet of chapel or assembly space, plus one space per funeral vehicle, which may be kept inside.

(16) Fraternal clubs, lodges, social halls, nonprofit service foundations: one parking space per 150 square feet of gross floor area.

(17) All houses of worship: one space per every three seats in a sanctuary or chapel space or part thereof, plus shall satisfy any additional requirement for office, social gathering, classroom, or other spaces. One seat shall be considered 24 inches in calculating the capacity of pews or benches. For faiths not customarily using formal seating in prayer, the requirement shall be one space per three persons permitted by building/fire code occupancy (whichever is more restrictive) in the prayer room space.

(18) All school buildings, public or private (grades K-6) shall provide one space per employee; intermediate schools (grades 7-9) shall provide 1.5 spaces per employee; secondary schools (grades 10-12) shall provide 2.5 spaces per employee; and in all cases, sufficient space for school bus loading and unloading shall be provided.

(19) Industrial, laboratory, warehouse, manufacturing, self-storage and similar uses shall provide one space for every 3,000 square feet or fraction thereof of gross floor area for inside storage or warehousing, plus one space for every 800 square feet or fraction thereof of gross floor area used for research laboratories or manufacturing.

(20) All other uses not listed shall provide adequate on-site parking to accommodate the permitted activities and shall be subject to the review and approval of the Planning Board during site plan review.

F. Parking lot landscaping, screening and buffering.

(1) For parking lots of more than five vehicles, an evergreen planting row, fence, wall or combination thereof, no less than three feet or more than seven feet in height, shall be provided surrounding the parking lot and between any lot lines, street lines and any other exposed sides of the parking lot. In locations where a sight triangle or corner vision clearance area is required, such plantings may have their height reduced accordingly.

(2) In addition to all other landscaping requirements, parking lots containing more than five parking spaces shall be subject to the parking landscaping requirements found in the landscaping section, § 120-603, of this chapter.

(3) All parking, loading, HVAC equipment, transformers, dumpster enclosures, donation bin enclosures and similar utilitarian compounds shall be screened with solid fencing and shall be surrounded with a five-foot-deep landscape buffer area. Such screening shall be by an extension of the building, a fence, berm, wall, planting or combination thereof and shall not be less than six feet in height. Landscape areas shall be heavily planted with a mix of all season screening plantings, minimum six feet high, designed in order to obscure their view from any public street and adjacent property throughout the year.

(4) Where a parking lot in any zone abuts a residential zone or a residential use on an abutting lot, a fifteen-foot-deep buffer area shall be provided between the parking lot and the abutting zone or use. The buffer area shall provide a solid eight-foot-high fence and rows of all-season trees, shrubs and plantings to screen and buffer the uses from each other.

G. Loading.

(1) Minimum. Each principal building or use greater than 1,000 square feet used for commercial, institutional or other uses similarly involving the receipt or distribution of vehicles, materials or merchandise shall provide at minimum one off-street loading space at the side or rear of the building or within the building. Each loading space shall be at least 15 feet in width by 48 feet in length with adequate ingress and egress from a public street and with adequate space for maneuvering. Additional spaces may be necessary and required dependent upon the specific activity. Loading and unloading areas shall be permitted only in the side and rear yards. There shall be no loading or unloading from the street.

(2) Additional spaces. Loading and unloading shall be provided according to the following schedule:

Gross Floor Area: (square feet)	Spaces Required:
0 to 1,000	Exempt
1,001 to 25,000	1
25,001 to 50,000	2
50,001 to 75,000	3
75,001 to 100,000	4
100,000 or greater	4 plus 1 space per each additional 50,000 square feet

(3) Screening. All loading areas shall be screened in order to obscure their view from any public street and adjacent property throughout the year.

H. Special vehicle parking regulations for residential zones.

(1) Parking of commercial vehicles. One registered commercial vehicle, with one rear axle, of a rated capacity not exceeding eight tons, eight feet in width, 20 feet in length, or nine feet in height (excluding any radio antennae) owned or used by a resident of the premises, shall be permitted to be regularly parked or garaged on any residential lot. One registered commercial vehicle of a rated capacity not exceeding 1 1/2 tons on four wheels, owned or used by a resident of the premises, shall be permitted to be regularly parked or garaged on any residential lot, provided that said vehicle is kept in a private garage and shall not be permitted to be regularly parked or stored on or in the vicinity of any such premises in the open air. For purposes of this chapter, a commercial vehicle is a bus and/or vehicle containing advertising matter intending to promote the interest of any business, whether or not said vehicle is registered as a commercial vehicle with the New Jersey or other State Division of Motor Vehicles, except that this provision shall not be deemed to limit the number of commercial trucks or cars used on a farm or construction equipment which is used on the site for construction purposes.

(2) Parking of recreational vehicles. Travel trailers, campers, motor homes, horse trailers, boat trailers, ATV, and motorcycle trailers may be parked or stored on any residential lot only on a paved driveway or in a rear or side yard area. The dimensions of such vehicles and trailers shall not be used for temporary or permanent living quarters while situated on the lot. Such vehicles shall be annually licensed with a valid registration and shall be capable of use on a public road; no junked vehicles shall be permitted under this subsection.

§ 120-602 Lighting requirements.

A. Lighting requirements for all zones.

(1) All parking, loading and driveway areas and walkways thereto and appurtenant passageways serving commercial, public, office, multiple-family or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes.

(2) The light intensity provided at ground level shall be indicated in foot-candles on the submitted plans and shall average at least 0.5 foot-candles at intersections and a minimum of 0.3 foot-candles in all areas to be illuminated.

(3) The lighting plan in and around the parking areas shall provide for nonglare, recessed lens lights focused downward so as to prevent light from spilling onto adjacent properties. The foot-candle level at beyond property lines shall not exceed 0.0 foot-candles.

(4) Lighting shall be provided by building or pole fixtures with a mounting height not more than 18 feet high measured from the ground level to the center line of the light source.

(5) All existing and proposed outdoor lighting shall be shown on a lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead skyglow. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine into windows or onto streets and driveways in such a manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval.

§ 120-603 Landscaping requirements.

A. General regulations for all zones.

(1) All areas in a development not used for construction of buildings, roads, access ways, parking or sidewalks shall be fully landscaped.

(2) Natural site features, such as existing trees, streams, rock outcroppings, etc., shall be preserved wherever possible. Whenever such natural features are absent or insufficient or have been destroyed during the development of the site, additional new plantings of a sufficient size as determined by the municipal agency shall be established to provide environmental protection to beautify the buildings and grounds and to provide privacy, shade and the screening out of objectionable features created on the site. Landscaping provided as part of any development plan should provide for a variety and mixture of plantings. The selection should consider susceptibility to disease, colors, growing season, textures, shapes, blossoms, and foliage as well as local soil conditions and water availability. The site plan and/or subdivision plan shall show the location, species, size at planting and quantity of each plant. All plant material shall be guaranteed for at least two years from the date of planting, and any plant material which does not survive within that time period shall be replaced by plant material of the same size and species at the expense of the developer.

(3) Landscape plans shall be required, except for existing single- and two-family homes, where no plan is required. All landscape plans shall have a schedule of the Latin and common name, the quantity, the size, spacing and method of planting of each plant material. The Board, at its discretion, may consult with a landscape architect regarding the appropriateness of the landscaping plan as it relates to the physical characteristics of the site and the proposed use of the land.

(4) A foundation planting on three sides of all buildings shall be required for all new construction.

(5) For the protection and enjoyment of natural features, the Board may require conservation area easements or conservation area deed restrictions, and may require that such areas be delineated by monuments.

B. Soil removal. Topsoil or rock shall be removed from or be imported to any site within the Borough without prior approval of the Director of Public Works and in accordance with Chapter 171, Soil Removal. Additionally, regarding applications for major subdivision or major site plan development only, the applicant shall provide the Planning Board with an estimate of the total amount of soil or rock to be excavated from the site and the total amount of soil or rock to be imported to the site. The Planning Board shall review the data as part of its review of the application for development. The information provided by the applicant also shall include an addressment as to how the soil is to be distributed and stabilized, including grades and contours. Moreover, if soil is to be imported to the site, the applicant shall describe, to the satisfaction of the Borough Engineer, the method and frequency of the testing of the imported soil in order to ensure its quality. Finally, the applicant shall describe the size and number of vehicles that are anticipated to haul the removed or imported soil or rock together with proposed truck routes.

C. Buffer regulations for non-single-family zones.

(1) A minimum landscaped area of five feet in width shall be provided along all property lines in all zones unless otherwise restricted.

(2) All buffers and landscaped areas shall be protected from adjacent parking areas by curbs, or concrete, metal or wood bumpers at least six inches in height and securely anchored into the ground.

(3) Retaining walls shall not be permitted within buffer areas unless approved as part of site plan approval.

(4) In all zones where non-single-family zone lines abut an R-10, R-7.5 or R-5 Single-Family Residential Zone or use, a buffer shall be established in the above non-single-family zone as follows:

Zone	Buffer (feet)
C or PE	5
MH	20
TH	20
APT	20
SC	20
MSR	10
NC	15
GC	20
LI	25

(5) In all zones where a multifamily use abuts an existing commercial zone or use, a twenty-five-foot buffer must be established and maintained by the multifamily developer, unless such buffer is already established along the common boundary of that zone or use.

(6) In all zones where a multifamily use abuts an office or industrial zone or use, a twenty-five-foot buffer shall be established and maintained unless a greater buffer is already established and maintained along the common boundary of that zone or use.

(7) In all zones where a commercial zone line abuts a multifamily residential use, a twenty-five-foot buffer must be established and maintained unless such buffer is already established and maintained along the common boundary of that use.

D. Landscape coverage.

(1) Minimum landscape coverage requirements for lots shall be as follows:

Zone	Coverage Minimum
C and PE	90%
R	50%
AR-MHP	50%
TH and APT	40%
SC	40%
MSR	10%
NC	30%
GC	40%
LI	20%

E. Street trees.

(1) In addition to all other trees required to be replaced by this chapter, street trees shall be required for all streets and there shall be planted at a rate of one shade tree for every 50 feet of frontage, or fraction thereof. Street trees shall be planted along both sides of all streets and shall be of a hardy species approved by the Planning Board and/or Borough Engineer. All street trees and on-site shade trees shall not be less than 2 1/2 caliper inches in diameter, measured one foot above the root crown and planted in accordance with the all other requirements of the Borough. All trees shall be brought to the site balled and burlapped, free of insects and disease and true to species and variety.

(2) At intersections, trees shall not be located closer than 30 feet from the intersection of the street right-of-way lines, except when the sight triangle easements increase the distance for sight line purposes.

(3) The types and locations of shade trees to be planted shall be shown in the plans submitted to the Planning Board in conjunction with the application for development.

(4) Dead or dying trees which have been planted by virtue of the requirements of this section of the chapter shall be replaced by the developer during the next recommended planting season.

(5) All trees shall be installed in accordance with the American Nurserymen Guide.

(6) For residential subdivision or site plan development, a minimum of two shade or evergreen trees per dwelling unit shall be planted in the rear or side yard area of each lot, or in the case of shared property developments, in a common area near the rear yard or rear/side entrance to each unit. All newly planted shade trees shall be of nursery stock and shall have a minimum caliper size of 2 1/2 inches.

F. Parking lot landscaping.

(1) For parking lots with five spaces or more, parking lot landscaping shall be provided and consist of:

(a) An evergreen screen planting row, berm, fence, wall or combination thereof, no less than three feet or more than seven feet in height, shall be provided surrounding the parking lot and between any lot lines, street lines and any other exposed sides of the parking lot. In locations where a sight triangle or corner vision clearance area is required, such plantings may have their height reduced accordingly.

(b) In addition to all other trees required to be replaced by this chapter, deciduous shade trees shall be required around the perimeter of all parking lots and shall be planted at a rate of one shade tree for every 50 linear feet of parking lot perimeter, or fraction thereof.

(c) In addition to all other trees required by this chapter, interior parking lot shade trees shall be provided and planted within protected landscape islands at a rate of one shade tree per 10 parking spaces.

(d) All street trees and on-site shade trees shall not be less than 2 1/2 caliper inches in diameter, measured one foot above the root crown and planted in accordance with the all other requirements of the Borough. All trees shall be brought to the site balled and burlapped, free of insects and disease and true to species and variety. All parking lot shade trees shall be planted in accordance with the same specifications for street trees listed above and all other standards of the Borough.

G. Tree removal and replacement.

(1) Whenever an application has been made for site plan or subdivision approval, planned unit development or multiresidential development which requires the approval of the Planning Board, the developer shall be required to submit plans indicating the current location, size and species of all existing trees on the site. Trees to be removed and trees to remain on the site shall be identified on the plan. In cases of wooded areas in excess of one acre in area, a sample area of 100 feet by 100 feet may be used to calculate and extrapolate calculations for tree removal and replacement.

(2) All trees removed from a site shall be replaced and provided on-site based on the following formulas:

(a) For trees with a DBH equal to or greater than four inches and less than 16 inches, replacement shall be based upon the total number of caliper inches removed. Tree replacement for said trees shall be one inch caliper replacement for every one inch caliper removed.

(b) For trees with a DBH equal to or greater than 16 inches, the removed tree shall be replaced based upon the following schedule:

Existing Tree (inches)	Number of Replacement Trees
18 or less	3
21 or less	4
24 or less	5
27 or less	6
29 or less	7
31 or less	8
33 or less	9
35 or less	10
37 or less	11
39 or less	12

(3) The species or type of replacement tree and the mix of replacement tree types (deciduous, coniferous) shall be selected from the species removed from the tract under consideration or from the tree species recommendations of the Borough. Replacement deciduous trees shall be a minimum of 2.5 inches caliper at the time of planting. Replacement evergreen trees shall be a minimum of six feet to eight feet high at the time of planting. If Arborvitae species are proposed, minimum tree height shall be a minimum 10 feet high at the time of planting to count toward tree replacement.

(4) The applicant may provide replacement trees on-site, or via a voluntary contribution to the Borough of Spotswood Tree Replacement Fund at a rate of $150 per tree.

H. Utility equipment, dumpster, collection bin screening and landscaping. All parking, loading, HVAC equipment, transformers, dumpster enclosures, donation bin enclosures and similar utilitarian compounds shall be screened with solid fencing and shall be surrounded with a five-foot-deep landscape buffer area. Such screening shall be by an extension of the building, a fence, berm, wall, planting or combination thereof and shall not be less than six feet in height. Landscape area shall be heavily planted with a mix of all season screening plantings, minimum six feet high, designed in order to obscure their view from any public street and adjacent property throughout the year.

I. Recreation and open space requirements for all multifamily uses.

(1) Recreation.

(a) An active or passive recreation area shall be provided and improved by the developer for each multiple-family development. All active recreation areas shall be no closer to any residential structure than the minimum yard area for the residential structure.

(b) All active recreation areas shall be cleared as required, graded for proper drainage, leveled, topsoiled, limed, fertilized and seeded with athletic field and general purpose mixture in accordance with the specifications contained in Lofts, Inc. Guide Seed and Sod In U.S. and Canada, current edition, and must be suitable for playing games, such as touch football and softball on an informal basis. In addition to such multipurpose field, the active recreation area shall include such recreational facilities as needed to serve the residents of the development. The recreation area shall meet all design standards as set forth in this chapter.

(c) The recreation area shall not include any wetlands, wetlands transition areas of any kind, streets, drives or space occupied for off-street parking or loading purposes for other facilities. The recreation area shall be contained within the subject development and be entirely within Spotswood Borough and readily accessible to all dwelling units proposed within the subject development.

(d) The development shall provide for a homeowners' association in accordance with the Municipal Code of the Borough of Spotswood for the ownership and maintenance of the recreation area(s) for the benefit of the owners and residents of the development, unless the Borough accepts dedication of the recreation area.

(2) Open space.

(a) In the designation of the required open space and the uses proposed thereon, the developer shall be guided by the following:

[1] Any lands proposed as open space shall be located, shall be of the size, and shall be improved to best suit the purpose(s) for which the open space is intended.

[2] Common open space to be administered by a homeowners' association or other open space organization shall be distributed throughout the proposed development so that as many residential dwelling units or buildings as is practicable abut and have direct access to the common open space.

[3] The protection of environmentally fragile and important resource land areas such as aquatic buffer areas, five-hundred-year floodplains, wetlands and treed acreage is a high priority.

(b) The Planning Board shall review the submitted open space plan in the context of the particular development proposal, the particular characteristics of the subject land area, and the ability, desirability and practicality of relating the proposed open space to adjacent and nearby lands.

(c) Should the proposed development consist of a number of development stages, the Board may require the set aside of open space acreage proportionate in size to the development stage being considered for final approval, even though these lands may be located in a different section of the overall development.

(d) Open space may be offered by deed to the Borough or dedicated as common open space to a homeowners' association or other open space organization.

[1] If the applicant proposes that the open space shall be dedicated to the Borough, then the Board shall forward such request with its recommendation to the Borough Council prior to the granting of preliminary approval of any development application containing the subject open space.

[2] All open space not offered to and/or not accepted by the Borough shall be common open space owned and maintained by a homeowners' association as provided in N.J.S.A. 40:55D-43 of this chapter. Such organization shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise.

§ 120-604 Sign regulations.

A. General provisions. The erection of any sign shall require a zoning permit and certificate of occupancy unless specifically exempted herein.

(1) General prohibitions.

(a) No sign shall be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises unless specifically permitted herein;

(b) No billboards shall be erected or replaced;

(c) No signs shall be erected, altered, enlarged or replaced which are not in accordance with the standards established in this chapter;

(d) No portion of any sign shall be located within or suspended over a public right-of-way or pedestrian walkway;

(e) No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs, other places of business, or other signs or windows of the building on which they are located;

(f) No sign shall be erected, used or maintained which in any way simulates official, directional or warning signs erected or maintained by the State of New Jersey, by any county or municipality thereof or by any public utility or similar agency concerned with the protection of the public health or safety;

(g) No sign shall be erected, constructed or maintained so as to obstruct or be attached to any fire escape, window, door or opening that is intended to provide light or a means of ingress or egress, or for fire-fighting purposes, or placed so as to interfere with any opening required for legal ventilation; and

(h) No sign, other than exempt signs, shall be permitted within 50 feet of the property line of any historical site or monument.

(2) Animated, flashing and illusionary signs. Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited. This shall include LED style signs, variable message signs and electronic billboard signs.

(3) Height. Unless otherwise specifically specified to the contrary in this chapter, no freestanding sign in any district shall be higher than 15 feet, measured to the top of the sign from grade.

(4) Freestanding signs. Freestanding signs shall be supported by one or more columns or uprights which are firmly embedded in the ground. Exposed guy wires, chains or other connections shall not be a support of a freestanding sign.

(5) Illuminated signs. Illuminated signs shall be arranged to reflect the light and glare away from adjoining streets and properties. All lighting shall be placed and shielded to prevent the lighting from shining into neighboring properties or approaching vehicles. No sign with red, green, blue or amber illumination in a beam, beacon or flashing form resembling an emergency light, safety or warning device or traffic signal shall be erected in any location. No sign lighting or control mechanism that interferes with radio or television reception shall be permitted.

(6) Information, direction and nameplate signs. Street number designations, postal boxes and "private property," "no hunting," on-site directional and parking signs and warning signs are permitted in all zone districts, but are not considered in calculating sign area. No such sign shall exceed one square foot in area, nor do such signs require a zoning permit. Moreover, residential nameplate signs situated within the property lines and not exceeding 72 square inches shall be permitted, but are not considered in calculating sign area and do not require a zoning permit.

(7) Maintenance. Signs and, in the case of permitted freestanding signs, the mounting area on the ground level beneath the sign, must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated or unsightly.

(a) Any sign that is or is becoming dangerous or unsafe in any manner whatsoever shall be repaired and made safe in conformity with this chapter, or such sign shall be removed by the owner, tenant, agent or occupant of the building, property or land upon which such dangerous or unsafe sign is located.

(b) Should notice be given by the Zoning Officer or Construction Official to an owner, tenant, agent or occupant of a building that a sign is or is becoming dangerous or unsafe, said notice shall require appropriate remedial action to be taken within 10 days from the date of service of the notice, or within a lesser time as shall be specified in the notice in cases where the danger to the public health, safety and general welfare is more imminent.

(8) Nonprofit organization event signs. Upon written application to the Zoning Officer by a Spotswood-Borough-based nonprofit organization, the Zoning Officer shall issue zoning permits, with optional fee, for the erection of up to three temporary signs announcing an event sponsored by said nonprofit organization, provided that the following requirements and regulations are met:

(a) One sign may be located on the property owned by the nonprofit organization, if and wherever such property exists, and up to two signs may be located on properties other than that which may be owned by the nonprofit organization, provided said properties are situated within nonresidential zoning district.

(b) The written application to the Zoning Officer by the nonprofit organization shall include a written representation by the owner of the property upon which a sign is to be located, giving permission for the display of said sign.

(c) The written application to the Zoning Officer by the nonprofit organization shall include a sketch indicating the proposed location of the sign(s) and the graphic material to be placed on the sign(s).

(d) Permitted signs may be freestanding or attached. Each sign shall not exceed eight square feet in area. If freestanding, the sign shall not exceed five feet in height and shall be set back from all street, driveway and property lines a distance equivalent to one linear foot for each 2 1/2 square feet of sign area.

(e) The permitted sign(s) shall not be illuminated and shall be located so as not to interfere with driver vision.

(f) All signs shall be constructed of wood, be neatly painted and be adequately secured for aesthetic and safety purposes.

(g) No more than one sign for any particular nonprofit organization shall be permitted on any particular property at the same time, and no more than two nonprofit organization event signs shall be permitted on any particular property at the same time.

(h) Permitted signs may be displayed for a period not to exceed four weeks, and the specific time period for the display of all signs shall be indicated on the written application to the Zoning Officer unless the advertised event occurs earlier, in which instance the sign shall be removed within 24 hours after the event.

(i) It shall be the responsibility of the nonprofit organization to remove all permitted signs prior to the expiration of the specified time period for their display.

(9) Political signs. Political signs temporarily giving notice of political campaigns shall be set back at least 15 feet from all street and property lines and shall not exceed 16 square feet in area. Signs shall be permitted within 30 days prior to any municipal, county, state or national election and shall be removed within 10 days after election. All such signs do not need a zoning permit.

(10) Portable signs. No sign shall be exhibited which is portable; i.e., fixed on a movable stand, self-supporting without being firmly imbedded in the ground, supported by other objects, mounted on wheels or movable vehicles, or made easily movable in some other manner.

(11) Real estate signs. Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall conform to the following requirements:

(a) All real estate signs shall be nonilluminated, shall not exceed four square feet in area and shall not require a zoning permit. Only one real estate sign may be erected on the property to be sold or rented.

(b) All real estate signs, if not attached to the building, shall be set back at least 10 feet from any street line and shall comply with all applicable side yard requirements for the zoning district in which it is located.

(c) For approved site plans or major subdivisions at the start-up of construction, one sign not exceeding 32 square feet in area shall be permitted during construction.

(d) All real estate signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter of business being advertised or, in the case of residential subdivisions, when 95% of the lots have been initially sold. Further, in the case of a subdivision or site plan undergoing construction, the sign shall be removed if construction activity ceases for a period of three consecutive months.

(e) "Sold" signs shall be permitted between the signing of the contract of sale and the date of legal closing.

(12) Sign area. The area of a sign shall be measured around the edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the display itself.

(13) Signs with two exposures. Such signs shall be measured for area by using the surface of one side of the sign only; however, both sides of the sign may be used.

(14) Wall fascia or attached signs. Wall fascia or attached signs shall be firmly attached to the exterior wall of a building and shall not project more than six inches from the building.

(15) Window signs. Temporary interior window signs shall be considered in computing the allowable sign area. Temporary window signs shall not require a zoning permit.

(16) The flag of the United States of America or the State of New Jersey. The flag of the United States of America or the State of New Jersey may be displayed in all zoning districts and do not require a zoning permit.

(17) Nonconforming signs. Nonconforming signs may be continued in use, but may not be enlarged, relocated, altered, rebuilt, extended or made less conforming. Failure to keep signs in good repair for a period of 12 consecutive calendar months shall constitute abandonment, and such sign may not then be replaced or reused but must be removed.

(18) Zoning permit for signs. An application for a zoning permit to erect, hang or place a sign shall be submitted on forms obtainable from the Zoning Officer, unless such sign has been specifically approved by the Planning Board or Zoning Board of Adjustment, as the case may be, as part of an approved application for development. Each application for any required zoning permit shall be accompanied by plans showing the area of the sign; the size and character of the sign; the method of illumination, if any; the exact location proposed for the sign; and, in the case of a projecting sign, the proposed method of fastening the sign to the building, the distance between the sign and the building, the vertical distance between the sign and the curb; and the distance between the sign and the street right-of-way.

(19) Directional or wayfinding signs shall be approved by the Planning Board in all locations and shall not exceed four feet in height and two square feet in area. Such signs shall include directional arrows and information and shall not include any advertising information beyond basic site and directional identification.

B. Signs in the R-10, R-7.5 and R-5 Zones:

(1) Nameplate signs, not to exceed two square feet in area indicating the name and/or address of the occupant of the dwelling unit.

(2) Political signs and signs expressing (noncommercial) free speech as protected under the First Amendment.

(3) Churches or fraternal organizations shall be permitted one freestanding sign not exceeding 25 square feet in area, 10 feet in height and set back at least 25 feet from all property lines, plus one attached sign not exceeding eight square feet in area.

C. Signs in the TH, APT, AR-MHP and SC Zones:

(1) Nameplate signs, not to exceed two square feet in area indicating the name and/or address of the occupant of the dwelling unit.

(2) Political signs and signs expressing (noncommercial) free speech as protected under the First Amendment.

(3) Each development of 50 units or more may have one monument sign along an arterial or collector road which the tract in question abuts, provided that there exists at least 250 feet of unbroken frontage on that road. No such sign shall be permitted on a local street. Such signs shall not exceed five feet in height, shall be set back from the street rights-of-way and driveways at least 30 feet, and shall be set back from any property line a minimum of 50 feet, and shall not exceed an area of 25 square feet and shall be used to display the development's name.

D. Signs in the NC and GC Zones:

(1) Churches shall be permitted one freestanding sign not exceeding 25 square feet in area, 10 feet in height and set back at least 25 feet from all property lines, plus one attached sign not exceeding eight square feet in area.

(2) Each principal commercial building not part of a shopping center, or, each shopping center may have one major attached sign and one freestanding sign, provided that the total area of both signs does not exceed 75 square feet and that the following additional provisions are met:

(a) Both the attached sign and the freestanding sign each shall not exceed an area equivalent to 5% of the front facade of the subject principal commercial building;

(b) The maximum height dimension the attached sign shall not exceed 10% of the height of the front facade of the subject principal commercial building, measured from ground level to the top of the upper story, excluding the roof area; and

(c) The freestanding sign shall not exceed 15 feet in height and shall be set back at least 25 feet from all street and property lines.

(3) Where a principal commercial use occupying at least 500 square feet of segregated area has direct access from the outside, an additional sign not exceeding eight square feet in area identifying the name of the activity shall also be permitted but shall not be counted in the overall permitted sign area. Such additional sign(s) shall be either attached flat against the building at the entrance to the activity or suspended in perpendicular fashion from a roof over a common walkway. Suspended signs shall be no closer than 10 feet at their lowest point to the finished grade below.

E. Signs in the MSR Zone:

(1) No ground signs shall be permitted. Only facade signs are permitted in this district.

(2) The maximum permitted sign area shall be 10% of the front facade. On corner lots, signs may increase to account for both facade areas. There shall be a limit of one sign per use or tenant.

(3) When a ground sign is proposed such signs shall be monument style signs with a height no greater than four feet. A planter base shall be provided around the base of the sign. Such signs shall require relief from the appropriate Board.

(4) Shingle signs are permitted on the first and second floors. The maximum area should not exceed four square feet, the materials should be either painted wood or painted metal, and they should include ornamental metal brackets of some kind. They should only be externally illuminated and the message should only give the symbol or the name of the business.

(5) Surface-mounted signs on the first floor cornice/sign band shall contain individually mounted letters or symbols and not be a large board sign that obscures the cornice and its details. They should be externally illuminated and the message should only contain the name or the symbol of the business.

(6) Surface-mounted signs are not permitted above first floor.

(7) Awning signs shall be limited by the size of the fringe or the main area of the awning, depending on the location of the sign.

(8) All billboard signs are prohibited.

(9) Cloth and canvas awnings are encouraged over building entrances and shall provide a minimum of eight feet of clearance and shall not extend more than four feet from the building facade.

(10) If an awning is so steeply sloped that it serves as a sign rather than as shelter, the sign must meet all the criteria (size, message, lighting, etc.) for wall signs that could be above the first floor.

(11) All types of colors and patterns are acceptable if they meet the criteria for colors and signs: plain, striped, patterned, decorative, and so on. They must, however, be compatible with the overall building.

(12) If a single building contains more than one shop front and more than one commercial space, the several awnings can either be identical to complement the building, or they can differ, to add variety and to express the identity of the individual shops. If a single shop occupies the ground floor of two adjacent buildings, the awnings in each building shall be identical, since the objective of maintaining the identity of the two buildings is met by the building designs.

(13) Churches shall be permitted one freestanding sign not exceeding 25 square feet in area, 10 feet in height and set back at least 25 feet from all property lines, plus one attached sign not exceeding eight square feet in area.

F. Signs in the LI Zone:

(1) Each principal building may have one major attached sign and one freestanding sign, provided that the total area of both signs does not exceed 75 square feet and that the following additional provisions are met:

(a) Both the attached sign and the freestanding sign each shall not exceed an area equivalent to 5% of the front facade of the subject principal building;

(b) The maximum height dimension the attached sign shall not exceed 10% of the height of the front facade of the subject principal building, measured from ground level to the top of the upper story, excluding the roof area; and

(c) The freestanding sign shall not exceed 15 feet in height and shall be set back at least 25 feet from all street and property lines.

(2) Where a principal use occupying at least 500 square feet of segregated area has direct access from the outside, an additional sign not exceeding eight square feet in area identifying the name of the activity shall also be permitted but shall not be counted in the overall permitted sign area. Such additional sign(s) shall be attached flat against the building at the entrance to the activity.

G. Signs in the C and PE Zones:

(1) No signs shall be permitted in the Conservation or Parks and Education Zone except the for schools and public park facilities, which shall be permitted one freestanding sign not exceeding 25 square feet in area, 10 feet in height and set back at least 25 feet from all property lines.

§ 120-605 Design standards for right-of-way improvements.

A. Streets.

(1) All developments shall be served by paved streets in accordance with the approved subdivision and/or site plan. The arrangement of such streets not shown on the Master Plan or Official Map, as may be adopted by the Borough, shall provide for the appropriate extension of such streets and shall conform with the topography as far as practicable. Local streets shall be planned so as to discourage through traffic.

(2) When a new development adjoins land susceptible of being subdivided or developed, suitable provisions shall be made for access to adjoining lands. Two means of access from existing streets to a new development shall be provided, where feasible. Where only one means of access is provided, future extension(s) into adjacent, adjoining lands may be required, unless existing physical conditions prohibit such connections.

(3) In general, local residential streets shall be designed to discourage through traffic, and proposed larger traffic generators shall not be permitted through local residential streets. Streets and roadways shall be located to blend with the topographic and aesthetic features of the site. Local residential roads shall be curved wherever possible to avoid conformity of lot appearance and to discourage through traffic. The grade of the streets shall run with the site topography wherever possible and in a manner that provides most of the lots to be at or above the grade of the road.

(4) In the event that a development adjoins or includes existing streets that do not conform to the street widths as shown on the adopted Master Plan or Official Map and/or the street width requirements of this chapter, additional land along either or both sides of the street, sufficient to conform to the right-of-way requirements, shall be dedicated for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way, provided the following:

(a) The necessary deeds of ownership shall be furnished and the dedication shall be expressed as follows: "Street right-of-way granted for the purposes provided for and expressed in the Land Development Ordinance of Spotswood Borough."

(b) If the development is along one side only, 1/2 of the required extra width shall be dedicated and shall be improved, including excavation, base course and surfacing, in accordance with the approved application.

(c) Final approval of a development application shall not be construed as the acceptance of a street or portion thereof dedicated to public use.

(5) If the subdivision or site plan abuts a major arterial road, the proposed plan shall include provisions to minimize the number of curb cuts or entrances onto and exits from same.

(6) Streets shall be of sufficient width and of suitable design to accommodate prospective traffic, but in all cases shall have a right-of-way width, measured from lot line to lot line, of not less than 50 feet for minor or marginal access streets and not less than 60 feet for collector and arterial streets.

(7) The paved surface width of a municipal street shall be as measured between the face of curbs and shall as follows:

(a) Arterial and collector streets: 36 feet minimum.

(b) Minor and marginal streets: 30 feet.

(8) The width of the right-of-way of internal roads, alleys and serviceways in multifamily, commercial and industrial developments shall be determined on an individual basis, and in all cases shall be of sufficient width and of suitable design to comply with all applicable municipal requirements and to safely accommodate the anticipated peak traffic, parking and loading needs and to provide sufficient access and turnaround space for fire-fighting equipment.

(9) Street grades of local neighborhood streets shall not exceed 12%, street grades of minor collector streets shall not exceed 10%, and the minimum street grade permitted shall be 1/2 of 1%. The maximum grade within 50 feet of an intersection, measured from the nearest right-of-way level, shall be 5%. Intersections shall be designed with a flat grade where practical. All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.

(10) Street intersections shall be as nearly at right angles as possible and in no case shall be less than 75°. Approaches to all intersections involving nonlocal roads shall follow a straight line, or a curve with a radius of not less than 700 feet, for at least 100 feet. No more than two streets shall meet or intersect at any one point, and the center lines of both intersecting streets shall pass through a common point. Use of "T" intersections in subdivisions shall be encouraged. Street jogs with center line offsets of less than 150 feet are prohibited.

(a) Ordinarily, any development abutting an existing street classified as a nonlocal street shall be permitted only one new street connecting with the same side of the existing nonlocal street; except that where the frontage is sufficient, more than one street may intersect with the nonlocal street, provided that the streets shall not intersect with the same side of the existing street at intervals less than 800 feet.

(b) The block corners of intersections shall be rounded at the curbline, with the street having the highest radius requirement as outlined below determining the minimum standards for all curblines:

[1] County streets: 35 feet;

[2] Minor collectors: 30 feet; and

[3] Local neighborhood streets: 25 feet.

(11) A tangent of at least 100 feet long shall be introduced between reverse curves on nonlocal streets; for local streets, a tangent of at least 50 feet shall be required between reverse curves. When connecting street lines deflect from each other at any one point, they shall be connected by a curve with a radius conforming to standard engineering practice as contained in the "Transportation and Traffic Engineering Handbook," ITE, latest edition. The minimum center line radius shall be 100 feet for local streets and 150 feet for minor collector streets.

(12) Vertical and horizontal curves and the sight easements on such vertical and horizontal curves shall be designed in accordance with the 1990 American Association of State Highway And Transportation Officials (AASHTO) street standards.

(13) Subdivisions abutting county roads shall provide a marginal service road or reverse frontage lots with planted buffer strips or such other means of separation of through and local traffic as the Board may determine appropriate.

(14) The right-of-way for internal roads in nonresidential developments shall be determined on an individual basis by the Board, and shall in all cases be of sufficient width and design to safely accommodate the expected traffic movements and parking and loading needs.

(15) Connecting streets shall be planned wherever possible and culs-de-sac shall be no more than 750 feet in length, excluding the turnaround, but, in any case, shall provide access to no more than 20 dwelling units where such access is to single-family detached dwellings only, or to no more than 60 dwelling units where access is to other than single-family detached dwellings.

(a) A turnaround shall be provided at the end of the cul-de-sac with a radius of 50 feet on the curbline, plus a utility and planting strip of 10 feet around the entire cul-de-sac.

(b) The center point for the radius shall be offset to a point where the radius becomes tangent to the right curbline of the associated street wherever possible; otherwise, the center point shall be the center line of the associated street.

(c) If a cul-de-sac is temporary, the turnaround shall be provided temporarily, with provisions for the future extension of the street and the reversion of the excess right-of-way to adjoining properties.

(16) No street shall have a name which duplicates or so nearly duplicates the name of an existing street name that confusion will result. The continuation of an existing street shall have the same name. Curvilinear streets shall change their name only at street intersections. The Board reserves the right to approve the name(s) of any street(s) within a proposed development.

(17) The pavement width of streets and the quality of subsurface and base materials shall adhere to the minimum standards set forth by the county or state engineers when said paving concerns roads under their jurisdiction and where such standards exist. Concerning streets under the jurisdiction of the Borough of Spotswood, the following standards shall apply:

(a) All streets as defined herein are to be constructed in accordance with plans and specifications which have been prepared by a New-Jersey-licensed professional engineer and which have been approved by the Borough Planning Board or Zoning Board of Adjustment, as the case may be, and Borough Engineer. The plans and specifications shall include information, both in profile and cross-section, regarding the existing topographic conditions within the proposed right-of-way and the final finished road grades. The plans and specifications shall provide for a road design that complies with the requirements of this chapter.

(b) All streets shall be constructed in accordance with the standard construction and detail sheets,[1] as adopted by the Borough in accordance with law, and the New Jersey Department of Transportation's Standard Specifications for Road and Bridge Construction (1989), as amended from time to time.

[1] Editor's Note: Detail sheets are included at the end of this chapter.

(c) Unstable subbase or subgrade conditions, including areas which develop prior to or ahead of the placement of the base course, shall be corrected by scarifying, reshaping and recompacting, or by replacement; all as determined to be required by the Borough Engineer in order to rectify the unstable conditions. Subgrade categories are shown in the standard construction and detail sheets as adopted by the Borough in accordance with law.

(d) If substitutions of paving material are proposed, the relative strength rates in the standard construction and detail sheets should be consulted to ensure appropriate substitutions.

(18) The location and terminal of any street right-of-way must not interfere with other streets of the Borough and shall be so constructed as not to constitute a traffic hazard or to seriously interfere with the access of any abutting property owner to a through street. In all cases where a proposed street or driveway will intersect a street which is within the jurisdiction of the New Jersey Department of Transportation or Middlesex County, written approval of such intersection by the appropriate jurisdictional authority shall be submitted to the Borough Council.

(19) When a street within a major subdivision intersects with a nonlocal street, or where a driveway serves as an entrance to a development providing 50 or more parking spaces, a deceleration lane shall be provided for traffic turning right into the street or driveway from the nonlocal street. The deceleration lane is to be at least 200 feet long and at least 13 feet wide measured from the proposed edge of the pavement of the nonlocal street.

(20) When a local street is proposed within a development which either ends in a cul-de-sac or loops through the development to provide two intersections with streets in Spotswood Borough, said local street shall not extend across municipal boundaries.

B. Curbs and gutters.

(1) Curbs or curbs and gutters shall be used for drainage purposes, safety, and delineation and protection of the pavement edge. Curbs or curbs and gutters shall be installed on both sides of all streets except on minor collector streets in the single-family residential districts. Generally, curbs shall be required on streets with on-street parking.

(2) Flexibility regarding curb type shall be permitted provided that the curb type accommodates the system of drainage proposed. Generally, curbs should be constructed of concrete or granite block. Curbs, either granite blocks or concrete and gutters, shall be constructed in accordance with the standard construction and detail sheets, as adopted by the Borough in accordance with law.

(a) The standard concrete curb section shall be a maximum of 10 feet in length, with an expansion joint, and shall be prepared in accordance with the requirements of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition.

(b) Where bituminous concrete pavement is used for the road surface, the curb and/or gutter shall be constructed first.

(c) Where drainage inlets are constructed but curbs are not required, curbing shall be provided at least 10 feet on each side of the inlet, set back one foot from the extension of the pavement edge.

(3) The curbing shall be designed to provide depressed barrier-free curb ramps for bicycles and/or wheelchairs in accordance with the Design Standards for Curb Ramps for the Physically Handicapped of the New Jersey Department of Transportation and the Americans with Disabilities Act.

(4) In those cases where a developer requests a waiver from the chapter requirements for curbs and/or gutters and proposes shoulders and/or drainage swales instead, the Board, in reviewing the waiver request, shall consider the following guidelines:

(a) Curbs or gutters should be required at all street intersections and throughout any development generating large volumes of vehicular traffic or lying within close proximity to such development.

(b) Curbs or curbs and gutters should be required throughout any multifamily residential development.

(c) Curbs or curbs and gutters shall be required in conjunction with all single-family subdivisions.

(d) Curbs or curbs and gutters shall be required in any case where, in the opinion of the Borough Engineer, low gradients, unusual soil, structural problems or other conditions indicate susceptibility to poor surface water flow or lack of uniformity in shoulder grades.

(e) Curbs or curbs and gutters shall be required along existing or proposed municipal streets or roads in conjunction with any proposed development that would otherwise, in the opinion of the Borough Engineer, contribute to an adverse drainage condition, soil erosion or watercourse siltation.

(5) Where curbing is not required, pavement edge definition and stabilization shall be provided for safety reasons and to prevent pavement unraveling. However, curbing ordinarily always shall be required for stormwater management, road stabilization and the delineation of parking areas, and at locations 10 feet on each side of all drainage inlets, at intersections, at corners, and where tight radii exist.

C. Sidewalks.

(1) Sidewalks and walkways (and related aprons) shall be required along all streets, and shall be constructed by the developer, in accordance with the following criteria:

(a) Existing sidewalks shall be extended throughout all areas of the Borough when the roads upon which they are located are extended;

(b) Sidewalk and walkway linkages shall be provided throughout all areas of the Borough between existing and/or previously approved sidewalks, unless specifically waived in specific locations by the reviewing Board based upon good cause, such as the existence or proposal of alternate linkages for pedestrian movement, and/or a determination that such specific linkages will not be utilized, and/or other specific reasons;

(c) In all residential districts, sidewalks shall be provided on both sides of all local neighborhood streets, excepting that permanent culs-de-sac not more than 500 feet in length (measured from the center line of the intersecting street to the center of the cul-de-sac bulb) and not providing access to more than 10 dwelling units shall not require sidewalks, but shall provide a paved area at both corners of the intersection for pedestrian waiting off-street.

(d) In all residential districts, sidewalks shall be provided on one side of all minor collector streets and a graded area shall be provided on the other side, except that sidewalks shall be provided on both sides where the development or a portion thereof lies in close proximity to pedestrian movement generators.

(e) No developments in the LI Districts shall be required to provide sidewalks, except in locations determined by the Board to be necessary and/or desirable for safety purposes or for other good cause purposes.

(f) In those cases where a developer requests a waiver from the requirements of sidewalks as set forth in this section of the chapter, the Board, in considering such waiver, shall take into account the guidelines that sidewalks should be required in the case of any development or portion thereof lying in close proximity to school sites and other pedestrian movement generators including, but not limited to, recreational facilities, churches, clubs, eating establishments and retail shopping centers.

(2) Sidewalks may be located in the traditional manner between the proposed edge of pavement and parallel to the right-of-way line of the street or, in the alternative, the Board may permit the sidewalks to be set back from the proposed edge of pavement and be constructed in a meandering pattern in order to preserve topographical and other natural features and to provide visual interest.

(a) Regarding landscaping, when sidewalks are constructed in the traditional manner set back approximately five feet from and parallel to the street right-of-way line, street trees shall be required between the edge of pavement and the sidewalk.

(b) However, when the meandering pattern of sidewalk construction is approved, trees and shrubs shall be planted in concentrated areas at locations where the sidewalk turns as well as at other locations required and approved by the Board.

(3) Sidewalks, aprons, and sidewalks at aprons shall be concrete and shall be constructed in accordance with the standard construction details as adopted by the Borough in accordance with law.

(a) Sidewalks shall be at least four feet wide; wider widths may be necessary near pedestrian generators and employment centers. Where sidewalks abut the curb and cars overhang the sidewalk, sidewalks shall be at least six feet wide. In high-density residential areas when sidewalks abut the curb, a sidewalk or graded area of at least six feet in width also shall be required.

(b) 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 with reinforcement of welded wire fabric mesh or an equivalent. Concrete air-entrained sidewalks shall be of concrete having a twenty-eight-day compressive strength of 4,500 pounds per square inch.

(c) Blacktop or sidewalks of other approved materials may be permitted, depending upon the design of the development and as approved by the approving authority upon the advice of the Borough Engineer.

(d) Where sidewalks cross curbs, curb ramps shall be provided as outlined in § 120-605B(3) of this chapter hereinabove.

(e) Where subgrade is yielding or otherwise unsatisfactory in the opinion of the Borough Engineer, all unsuitable material shall be removed and suitable material shall be applied until the subgrade is nonyielding to the satisfaction of the Borough Engineer.

(4) Finished sidewalks shall be true to specified lines, grades, dimensions and curvatures. Completed work shall be adequately protected from traffic and the elements.

(5) Graded areas, where required, shall be planted with grass or treated with other suitable ground cover, and the width and cross slope shall correspond to that required of sidewalks.

D. Sight triangles. Sight triangle easements shall be required at intersections of a street with another street and at intersections of a street with a driveway providing ingress and/or egress to nonresidential developments. The sight triangle easement shall be in addition to the specified right-of-way width of a street and cartway width of a driveway and shall not contain any grading, planting or structure more than 30 inches above the center line of the street and/or driveway that would obstruct the clear sight across the area of the easements, except that street signs, fire hydrants and light standards may be located within a sight triangle easement. A public right-of-entry shall be reserved for the purpose of removing any object, material or other such obstruction to the clear sight.

(1) The sight triangle is that area outside of the street right-of-way or driveway cartway, bounded by the intersecting street right-of-way or driveway cartway lines and the straight line connecting sight points, one each located on the two intersecting street or driveway center lines.

(2) Sight triangles shall be provided in accordance with the 1990 street standards established by the American Association of State Highway and Transportation Officials (AASHTO). Additional lands may be required to be included within the sight triangle easement in order to provide an unobstructed view for the entirety of the required minimum distances.

(3) The dedication of sight triangle easements shall be expressed on a subdivision plat or site plan as follows: "Sight triangle easement deeded for purposes provided for and expressed in the Land Development Ordinance of Spotswood Borough."

E. Street trees. Regarding any land development, along all streets of a development and along proposed roads and street rights-of-way where natural woods are not present the following provisions shall apply:

(1) Shade trees shall be planted along both sides of all streets and shall be of a hardy species approved by the Planning Board or Zoning Board of Adjustment, as the case may be.

(2) Trees shall be planted at forty-foot to sixty-foot intervals, or an equivalent number shall be planted in an informal arrangement.

(3) At intersections, trees shall not be located closer than 30 feet from the intersection of the street right-of-way lines, except when the sight triangle easements increase the distance for sight line purposes.

(4) The caliper of the trees shall be a minimum of 2 1/2 inches measured six inches above the ground. The standing height shall be a minimum of 10 feet. All trees shall be brought to the site balled and burlapped, free of insects and disease and true to species and variety.

(5) Stripping existing trees or filling more than six inches around existing trees shall not be permitted unless it can be shown that construction requirements necessitate the removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area and to conform with adjacent lots.

(6) Dead or dying trees which have been planted by virtue of the requirements of this section of the chapter shall be replaced by the developer during the next recommended planting season.

(7) All trees shall be installed in accordance with the American Nurserymen Guide.

F. Street signs.

(1) The design and placement of traffic signs shall follow the requirements specified in the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the United States Department of Transportation and adopted by the New Jersey Department of Transportation.

(2) At least two street signs shall be placed at each four-way street intersection and at least one street sign shall be placed at each "T" intersection. All street signs shall be placed so as not to obstruct sight distances and shall be located under light standards, if present, so that the street name is clearly visible. The design of street signs shall be consistent; shall be of the style found throughout the Borough of Spotswood; shall be of a uniform size and color; and shall be erected as approved by the Borough Engineer.

(3) At signalized intersections, street signs shall be located on the overhead arm supporting the traffic signal or otherwise suitably suspended over the intersection. Roadway clearance shall be a minimum of 15 feet from the bottom of any sign or supporting equipment and the top of the paved surface.

(4) If street signs are designed differently than those installed elsewhere in the Borough and are approved, at the request of an applicant, as part of a subdivision or site plan application for development, provision must be made by the applicant for the maintenance and/or replacement of said signs by an entity other than the Borough of Spotswood.

(5) Directional signs and other markings shall be of a size, color and design specified in the current edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways," published by the Federal Highway Administration, United States Department of Transportation. Unless otherwise approved by the Borough of Spotswood, all off-street signs, including traffic directional signs, shall be located on the same property as the use to which they are related.

G. Street lighting.

(1) Street lighting shall be provided for all street intersections. Moreover, additional street lighting may be required for specific locations as deemed necessary for safety reasons and determined by the Borough Engineer: e.g., in locations with limited or hampered sight distance due to existing vegetation; a sharp curve of the street; or an obtuse or sharply angled intersection.

(2) The type of required street lighting to be supplied shall be specified by the Borough Engineer. The light intensity provided at ground level shall average at least 0.5 foot-candles at intersections and 0.3 foot-candles for other street lighting, as required.

(3) Wherever electric utility installations are required to be underground, the applicant shall provide for underground service for the required street lighting.

(4) Street lighting in addition to that required in Subsection G(1) hereinabove may be provided in planned residential developments at the discretion of the developer and subject to the approval of the Borough Engineer and Board, provided the following:

(a) Such additional street lighting is optional and shall be maintained and operated by a homeowners' association established for the planned residential development. Optional street lighting shall adhere to the standards set forth in § 120-602 hereinbelow, and all fixtures shall be of the standard type otherwise normally approved by the Borough.

(b) In cases where the developer proposes and receives approval for a type of light fixture consistent with the overall lighting plan for the planned residential development but different than the standard type of light fixture normally approved by the Borough for the required lighting, the homeowners' association also shall maintain and operate the nonstandard type of lighting.

(5) In the event that the developer elects either to install more street lighting than required by the provision of Subsection G(1) of this section hereinabove and/or nonstandard lighting fixtures, agreements between the Borough and the developer, together with its successors and assigns, shall be entered into memorializing the perpetual obligation of the homeowners' association to operate and maintain said lighting.

§ 120-606 Recycling facilities and design standards.

A. Multifamily and townhouse dwellings. Recycling facilities shall be provided for multifamily and townhouse dwellings in accordance with the following:

(1) Each multifamily and townhouse dwelling unit shall be designed to provide a location containing at least 12 cubic feet of space per unit for the storage of designated recyclable materials. The location shall be clearly marked as such on floor plans of the dwelling unit.

(2) There shall be included in any new multifamily housing development which requires subdivision or site plan approval one or more indoor or outdoor recycling areas for the collection and storage of residentially generated recyclable materials. At a minimum, there shall be one recycling area for each 75 units or portion thereof. The dimensions of the recycling areas shall be sufficient in size 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. Outdoor recycling areas shall include a concrete pad of the same minimum size. The dimensions of the recycling areas and the bins or containers shall be determined in consultation with the recycling coordinator and shall be consistent with the district recycling plan, as adopted according to law; any applicable requirements of the Township Master Plan, as adopted according to law; and this chapter.

(3) The recycling areas shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, refuse containers.

(4) The recycling areas 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 areas without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling areas and the bins or containers placed therein against theft of recyclable materials, bins or containers.

(5) The recycling areas or the bins and 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.

(6) Signs clearly identifying the recycling areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

(7) Each recycling area shall be enclosed on three sides by a solid fence six feet in height and landscaping shall be provided around the fence.

(8) The garden apartment or mobile home park owner or the incorporated homeowners' or condominium association shall be responsible for providing general maintenance of the recycling areas, including but not limited to removal of snow and ice, pad and pavement maintenance, and fence and landscaping maintenance.

(9) If the Borough determines that curbside collection shall be applicable to any multifamily housing development, the developer, for new construction, or the garden apartment or mobile home park owner or the incorporated homeowners' or condominium association shall provide a designated area for curbside collection at each unit. For new construction, access for such collection shall be designed so as to provide an adequate turning radius for collection vehicles without interference from parked cars or other obstacles.

B. Nonresidential developments. Nonresidential developments shall provide recycling facilities in accordance with the following:

(1) All nonresidential developments shall submit a recycling plan that includes the following information:

(a) A description of the type of business expected to occupy the building. If, during site plan or subdivision review, the business type is unknown, a recycling plan shall be submitted as part of the tenancy review process prior to issuance of a certificate of occupancy.

(b) A list of recyclable materials, as defined in Chapter 174, expected to be generated.

(c) The approximate amount of each recyclable material expected to be generated, in cubic yards or tons, monthly or annually.

(d) Material separation and handling practices, which shall include the following:

[1] A list of areas where material is expected to be generated.

[2] A method, in a manner acceptable to the recycling coordinator, of storing material at the point of generation, where applicable.

[3] A method of moving material from the generation area to the storage area, where applicable.

[4] The location of the designated storage area.

[5] The size of the storage area. An explanation of the method used to determine the size of the storage area shall be provided.

[6] The size and type of container used to store each material, both at the point of generation and storage prior to vendor pickup. An explanation shall be provided concerning how the determination was made for the sizing of storage containers.

[7] The method of screening the recycling container, where applicable.

[8] The method of material removal, including frequency of pickup and the type of vehicle expected to be used for pickup.

[9] Safeguards to minimize confusion between recycling areas and collection procedures.

(2) Site and space requirements for designated materials listed in the master plan recycling element.

C. Storage areas. Storage areas, both indoors and outdoors, shall meet all fire, building and health codes and requirements of the Borough.

§ 120-607 Public utilities.

A. All public services shall be connected to an approved public utilities system where one exists. In general, 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.

B. The developer shall arrange with the servicing utility for the underground installation of the distribution supply lines and service connections, in accordance with the prevailing standards and practices of the utility or other companies providing such services; provided, however, that lots abutting existing easements or public right-of-way, where overhead electric, CATV or telephone distribution supply lines and service connections have heretofore been installed, may be supplied with electric, CATV and telephone service from these overhead lines, but the service connections from the utilities' overhead lines shall be installed underground.

(1) In cases where extension or replacement of service is needed to existing or new buildings in established subdivisions or developments, the present method of service may be continued.

(2) In the case of existing overhead utilities, however, should a road widening, or an extension of service, or other such condition occur as a result of the subdivision or site plan and necessitate the replacement or relocation of such utilities, the developer shall cause the replacement or relocation to be underground.

(3) Upon submission of preliminary plats or plans for approval, the developer shall present a statement of interest, setting forth all public utility companies to serve the tract and a letter from each company stating that service will be available to the development. The preliminary plans shall recite all public utilities that will serve the development. Any deviation from the statement of interest shall make null and void any approval granted by the Borough.

(4) Prior to the preconstruction meeting preceding the commencement of construction, the developer shall furnish the Administrative Officer a copy of the agreements with the applicable public utility companies certifying the jurisdiction of the public utility company for the particular portion of the Borough; indicating agreement with the proposed utility installation design; and stating who will construct the facility so that service will be available prior to occupancy. The form of such agreement(s) shall be reviewed and approved by the Borough Attorney prior to the commencement of construction.

(5) The developer shall provide the Borough with four copies of a final as-built plan showing the installed location of the facilities. Utility areas shall be planted with grass, ground covers, and/or treated with other suitable cover material.

C. Easements along property lines or elsewhere for utility installation may be required. Such easements shall be at least 20 feet wide and located in consultation with the companies or Borough departments concerned and, to the fullest extent possible, shall be centered on or adjacent to lot lines. Such easement dedication shall be expressed on the plat or plan as follows: "Utility right-of-way easement granted for the purposes provided for and expressed in the Land Development Ordinance of Spotswood Borough." Utility easements along street right-of-way lines shall be a minimum of 10 feet in width.

D. 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.

E. On any lot where soil conditions, rock formulations, woods or other special conditions exist, and the Board deems it a hardship to the developer to comply with the provisions of this section, the developer may apply to the Board 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, to avoid the clearing of swaths through treed areas by selective cutting and staggered alignments, to minimize the views of the poles and alignments by planting trees in open areas at key locations, and to lessen the visual impact of the overhead lines by following rear lot lines and other interior locations.

§ 120-608 Sanitary sewers.

A. Sewers.

(1) All subdivisions and site plans shall be provided with sanitary sewer facilities in such a manner as to provide adequate sewerage within the development to transport all sewerage from each lot and the total development to said collection system.

(2) Any sanitary sewer collection system shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements or rights-of-way in accordance with § 120-610 of this chapter, entitled "Easements."

(3) Any collection system shall be designed in accordance with the requirements of the New Jersey Department of Environmental Protection, the regional utility authority and all applicable Borough ordinances.

(4) The following sanitary sewer standards are required for all developments in the immediate vicinity of sanitary sewerage facilities:

(a) A complete engineer's report, setting forth the basis of design, shall be submitted to the approving authority. The report shall demonstrate the proposed collection system is designed to handle flows as specified elsewhere in these standards and shall demonstrate the downstream collection system can handle the additional flows without surcharging or creating adverse conditions.

(b) All sewer mains shall be extended along the entire frontage of the tract from the existing sewer main.

(c) All sanitary sewers shall be designed to carry the avenge flow estimated 25 years in advance with a peaking factor of four, unless otherwise determined by the Borough Engineer, determined by utilizing the Harman Equation (ASCE Manual No. 37.) Average flow shall be assumed to be 75 gallons per person, per day, with each house unit being occupied by four persons.

(d) All trunk and interceptor sewers shall conform generally to the Borough's Sanitary Sewer Master Plan where applicable.

(e) Gravity sewers shall be designed to flow with a minimum velocity of not less than two feet per second at full flow based on Kutter's Formula with n = 0.013. Inverted siphons and force mains shall be designed for a minimum velocity of three feet per second. The minimum gravity sewer size shall be eight inches in diameter. The minimum sewer lateral and force main size shall be four inches in diameter.

(f) All residential units shall be connected to a sanitary sewer by a four-inch (minimum) diameter sewer lateral. The lateral shall include connecting fitting and cleanout and shall be in accordance with the Borough's standard details. No lateral shall be accepted if the line has not been tested for water tightness. No connection shall be made without the approval of the Borough Engineer or Sewer Utility Superintendent and receipt of all required Borough permits and connection fees.

(g) Commercial and industrial units shall utilize a sewer lateral size in accordance with estimated sewerage flow from the particular unit with a minimum size of four inches.

(h) Materials used in construction of sewers, force mains, and outfalls shall be as follows:

[1] Gravity sewers shall be constructed of reinforced concrete pipe with steel and rubber joints, PVC pipe SDR-35, or cement-lined ductile iron pipe. Sewer laterals shall be constructed of PVC pipe or materials as approved by the State Uniform Construction Code. Cleanouts shall be of cast iron, soil pipe or PVC construction with brass caps.

[2] Inverted siphons and outfalls shall be constructed of cement-lined ductile iron pipe. Force mains shall be constructed of cement-lined ductile iron pipe, or PVC pressure pipe.

[3] Inverted siphons shall consist of a minimum of two pipes with provision for flushing.

[4] Flow control gates shall be provided in the chambers.

[5] Construction details are specified under "Detailed Information on Sewers" below.

(5) A general map of the entire project shall be furnished showing sewers, pumping stations and appurtenances. Plans shall show sanitary sewers and shall be of uniform size, 24 inches by 36 inches, with a one-half-inch border on top, bottom and right side, and a two-inch border on the left side, the last one for binding. The plans shall show the following:

(a) Details. The plans shall show contours of all existing and proposed streets, surface elevations of all breaks in grade and street intersections, tributary areas with population per acre, the true or magnetic meridian, boundary line, title, date and scale. Any area from which the sewerage is to be pumped shall be indicated clearly. All sheets shall be numbered.

(b) Symbols. Sewers to be built now and to be constructed later shall be shown by solid and dashed lines respectively. Existing sanitary sewers shall be shown by special designation. All topographical symbols and conventions shall be the same as the ones of the United States Geological Survey.

(c) Elevations. All permanent bench marks of New Jersey Coast and Geodetic Survey shall be shown. Elevations of streets shall be placed outside the street lines. The elevations of sewer inverts, shown as street intersections, ends of lines and at changes of grades, shall be written parallel with the sewer lines and between the street lines. The elevation of street surfaces and manhole rims shall be shown to the nearest 0.01 foot, the sewer inverts to the nearest 0.01 foot.

(d) Distances, grades and sizes. The distances and stationing between manholes, grades in decimals and sewer sizes and material shall be shown on the plans. Arrows shall show the direction of the flow.

(e) Profiles. Profiles shall show all manholes, siphons, pumping stations, and elevations of stream crossings, gradients and sizes of sewers, surface elevations and sewer inverts shall be shown at each manhole. They shall be drawn to standard engineering scale, and the scales shall also be shown on each street.

(f) Details of construction of manholes, etc. The standard details of the Borough for manholes, building service connections, siphons, etc., shall accompany the plans. Details shall be drawn to standard scales to show clearly the nature of design.

(g) Detailed plans for sewerage pumping stations and appurtenant odor control devices of a type acceptable to the Borough Engineer shall be provided.

(6) Complete specifications for the construction of the proposed sewerage system and appurtenances, including sewage pumping stations shall accompany the plans.

(7) A detailed estimate of the entire cost of construction shall be furnished. This estimate shall include cost of right-of-way, inspections, as-built plans, etc.

(8) Construction standards.

(a) Sewer connections shall be made to a street main only under the inspection of the Borough Engineer, Sewer Utility Superintendent or Borough Plumbing Subcode Inspector. Connection to the sewer shall be made through an approved wye, wye saddle or manhole-stub. Connections shall be watertight and shall be in accordance with the Borough's standard details. Connection to an existing manhole shall be made with a coring machine where a stub or knockout bulkhead has not been provided.

(b) Concrete pipe shall meet all requirements of ASTM Specifications C 76, latest revisions. All pipe shall be Class III strength except where stronger pipe is required.

[1] For depths less than three feet, measured from the top or the pipe, installed under traffic areas, Class IV or V pipe shall be utilized, as required.

[2] Pipes shall not be installed at depths in excess of the manufacturer's recommendation.

(c) PVC pipe shall meet ASTM D3034 — SDR 35, latest revision. PVC force main shall comply with AWWA C-900, latest revision and pressure class required by the Borough Engineer.

(d) Cement lined ductile iron pipe shall be Class 52 and must meet AWWA C104 and C151, latest revision.

(e) When the cover above the sewer pipe is three feet or less, a higher strength pipe, ductile iron pipe or concrete cradle or encasement shall be required.

(f) Joints for sewer pipes shall be as specified below:

[1] Reinforced concrete pipe. Push-on rubber gasket and steel joint for nonpressure pipe complying with ASTM C361, latest revision.

[2] PVC pipe. Push-on rubber gasket complying with ASTM D1869, latest revision.

(g) Ordinary bedding shall be required as per the appropriate section contained in the water distribution requirements of these standards.

(h) Concrete cradle bedding shall be as specified in the appropriate section contained in the water distribution system.

(i) Concrete encased pipe bedding shall be as specified in the water distribution system standards.

(j) Manholes shall be provided at ends of sewer lines, at intersections and at changes of grade or alignment. Distances shall not exceed 400 feet for sizes 18 inches or less. Where sewers enter manholes at elevations two feet or more above the invert, an external drop line shall be constructed, and comply with ASTM C478-64T, latest revision.

(k) Manhole frames and covers shall be of cast iron conforming to specifications ASTM A-48, latest revision. Manholes in roadways shall have nonpenetrating pickholes. Manholes in all areas subject to flooding shall be watertight. Manhole covers shall be cast with Borough designation as shown on the detail sheet.

(l) Pumping stations. The type of sewage pumping station to be utilized shall be determined on an individual basis by the Borough Engineer. The following general criteria will be applicable to all sewage pumping stations:

[1] The wet well shall have at least a 1:1 slope toward the pump intake. Raw sewage shall be screened before pumping. At least two pumps shall be designed, each capable of handling the total peak flow. If more than two pumps are used, their capacity shall be such that upon the failure of the largest pump, the others will handle the peak flow.

[2] Force main velocities shall be not less than three feet per second at normal pumping rates.

[3] All pump stations shall have watertight and lockable access covers. The detention time of the wet well shall not exceed 10 minutes at average daily flow.

[4] All pumping stations shall be provided with odor control devices, approved by the Borough Engineer, for control of odors emanating from the raw sewage received at the station.

[5] Pump controls and alarm conditions shall utilize encapsulated mercury switches designed for use with sewage.

[6] All pump stations shall be provided with an emergency power source housed in a masonry building approved by the Engineer.

[7] All force main headers shall have sewage-type gate and swing check valves.

[8] A cleanout/emergency bypass chamber shall be provided.

[9] Automatic audible and visual alarms shall be installed independently of station power and they shall give warning of illegal entry, lag pump on, high water and power failure conditions. Telemetry equipment shall be provided to transmit the alarm conditions to the receiving point designated by the Borough. All pump stations shall be enclosed in a six-foot chain link fence. Complete repair tools, accessories, and four bound sets of complete operation and maintenance manuals shall be provided with the pump station.

[10] Separate gates must be provided for pedestrian and truck use.

[11] Detailed estimates of operating and maintenance costs of the proposed pumping station must be submitted.

(m) Approval of plans by state agencies and others. Approval of plans, a permit to construct, and a permit to operate by the Regional Utilities Authority and/or the New Jersey State Department of Environmental Protection must be obtained by the applicant before the Borough's final approval will be given. The applicant shall obtain permits for all stream crossings or encroachments from the New Jersey Department of Environmental Protection. Permits to construct sewers and/or other structures within the right-of-way limits of state, county and municipal roads and all railroads must be secured and paid for by the applicant.

(n) The applicant must secure any necessary clearance from any public utility involved.

(o) Testing of completed sewerage. All sewers shall be subjected to an infiltration and/or exfiltration test as may be determined by the Borough Engineer. Exfiltration tests shall be constructed in lieu of infiltration tests when the pipe has been laid above the groundwater level. The tests shall be performed between two manholes or as otherwise directed by the Borough Engineer and shall include all related system components including the house connection.

(p) The contractor shall furnish all labor, material and equipment necessary for the testing.

(q) Exfiltration tests shall be under at least a four-foot head or a pressure corresponding to a head equal to the depth of the lower manhole of the section under test.

(r) Allowable infiltration or exfiltration shall not exceed a rate of 10 gallons per mile per inch of diameter of sewer per 24 hours for gravity sewers. Allowable exfiltration for force mains shall not exceed:

L	=	Allowable leakage (GPH)
N	=	Number of joints tested
P	=	Average test pressure
D	=	Nominal diameter of pipe

(s) All gravity sewers, siphons and force mains with infiltration or exfiltration in excess of the permissible limit shall be repaired, or removed and replaced, before proceeding with construction.

(t) Use of system.

[1] During construction and before final acceptance, the Borough shall have the right to use any portion completed without waiving their right to order correction of any defects.

[2] Use of the system for the discharge of sump pumps, or drainage from cellar drains, leaders, downspout, drainage tile, developers cellar pits or other criteria set forth in Chapter 205, Water and Sewers, shall not be permitted.

[3] Sewage delivered into the facilities shall comply with the requirements of Regional Utilities Authority treating the sewage from the site and specifically shall not:

[a] Be of such a nature and in such quantity as to impair the hydraulic capacity of such facilities, normal and reasonable wear and usage expected.

[b] Be of such a nature as to, by either chemical or mechanical action, impair the strength or the durability of the sewer structures;

[c] Be of such a nature as to create explosive conditions in such facilities;

[d] Have a flash point lower than 187° F., as determined by the Tagliabue (Tag.) close up method;

[e] Have a pH index value lower than 5.0 or higher than 9.0;

[f] Include any radioactive substances, unless the municipality and Regional Utilities Authority shall have given written consent to its inclusion;

[g] Include any garbage than that received directly into public sewers from residences, after proper shredding, unless the municipality and Regional Utilities Authority consent to its inclusion.

(u) Within 30 days after construction and before final acceptance by the Borough, the applicant is to furnish the Borough one Mylar tracing of as-built drawings in ink, acceptable to the Borough Engineer, and six sets of prints (black on white) of each drawing showing the sewers, connections, etc., as constructed.

(v) The as-built plans shall accurately show the completed sewer system in sufficient detail to permit the future location and determination of all components of the system, including sewer lines, manholes, wyes or connections, service lines, clean outs and other pertinent features. The size and type of the components shall be indicated and shall be dimensioned and tied to existing physical features such as manholes, curbs, and buildings as may be appropriate. The plan and profile shall indicate invert in and out elevations of all pipes at manholes and as-built slopes of all pipelines.

(w) Preliminary as-builts may be required by the Borough Engineer prior to paving in order to insure facilities locations, beneath paved area.

B. It is the developer's responsibility to expand any on-tract public sanitary sewers to the limits of the tract boundary line to service future development and to conform to the Borough's Master Plan. Moreover, it is the developer's responsibility to maintain all sanitary sewer improvements within partially completed developments.

(1) Assume full responsibility for adequate and regular collection and removal of all refuse, except to the extent such services are provided by the Borough, in which case the property owner shall assume full responsibility for compliance with all regulations governing the provision of those services.

(2) Comply with all applicable regulations of the New Jersey Department of Environmental Protection.

(3) Permit no accumulation on the property of any solid waste, junk or refuse.

(4) Comply with all provisions of the State Sanitary Code, Chapter VIII, Refuse Disposal, Public Health Council of the New Jersey Department of Health.

(5) Provide adequate, covered solid waste containers, except where provided by the Borough, which are not to be stored within the public view and which are to be secured from vandalism. Compactor units shall afford completely sealed operation and shall be provided efficient vehicular access by collection vehicles.

C. Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless they comply with the minimum building setback requirements of this chapter and are equipped with baffles to deflect the discharged air away from the adjacent use.

D. Vibration. There shall be no vibration which is discernible to the human senses of feeling beyond the immediate lot.

E. Dust. Dust due to nonagricultural operations shall not be permitted to escape beyond the immediate lot.

F. Radiation. No use shall produce levels of radiation in excess of the level established by the Radiation Protection Act, L. 1958, c. 116 (N.J.S.A. 26:2D-1 et seq.) and any standards promulgated pursuant thereto by the New Jersey Department of Environmental Protection.

G. Air, water and environmental pollution. No use shall emit any pollutant into the ground, water or air that exceeds the most stringent applicable federal, state or local statute, regulation and ordinance.

H. Nuisance. No use shall produce any nuisance, any identifiable source of injury or sickness, foul or noxious waters, gases or vapors which may be hazardous or injurious to the public health, safety and welfare.

§ 120-609 Water distribution system.

A. All subdivisions, site plans and dwelling units shall be provided with water distribution facilities in such a manner as to provide adequate and continuous potable water to each buildable lot within the development or site. The water system shall be so designed to provide a minimum of 20 psi on the highest floors of proposed structures in accordance with the State Uniform Construction Code.[1]

[1] Editor's Note: See Ch. 72, Construction Codes, Uniform.

B. All water distribution systems shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements or right-of-way in accordance with § 120-610 of this chapter, entitled "Easements."

C. All potable water distribution systems shall be designed in accordance with the recommendations of the American Water Works Association, Inc. (AWWA), and the requirements of the New Jersey Department of Environmental Protection, Division of Water Resources and applicable Borough ordinances.

D. The following potable water system standards are required for all developments to be served.

(1) A complete engineer's report, setting forth the basis of design, average daily, peak daily and peak hourly demands shall be submitted.

(2) All water distribution mains shall conform to the Borough's Water System Master Plan where applicable.

(3) Depending upon existing system and pressure gradient, all water mains shall be designed for a minimum working pressure of 150 psi unless higher pressure ratings are required. Water main size shall be a minimum of eight inches in diameter and provide a minimum flow rate of 1,000 gpm at all hydrants unless otherwise approved. Water mains shall be designed with Hazen-Williams coefficient C of 120. All water main sizes, flow rates and hydrant locations shall be subject to change and approval by the Borough Fire Subcode Official. Water mains shall be looped to avoid dead ends. Six-inch diameter water mains may be approved when deemed acceptable by the Engineer.

(4) Materials and details of construction shall comply with other applicable sections of these requirements.

(5) A general map of the entire project shall be furnished showing water mains, hydrants, main valves, lateral locations, etc.

(6) Plans shall show all water distribution, sanitary sewer and drainage facilities and shall be of a uniform size, 24 inches by 36 inches, with a one-half-inch border on top, bottom and right side, and a two-inch border on the left side, the last one for binding. The placement of electric lines within water sanitary, or storm sewer trenches is strictly prohibited.

(7) The plans shall show the following.

(a) Details. The plans shall show contours of all existing and proposed streets, and surface elevations of all breaks in grade and street intersections, the true or magnetic meridian, boundary line, title, date and scale. All sheets shall be numbered.

(b) Symbols. Water mains to be built now and to be constructed later shall be shown by solid and dashed lines respectively. Existing water mains shall be shown by special designation. All topographical symbols and conventions shall be the sane as the ones of the United States Geological Survey.

(c) Profiles. Profiles shall show all water mains, valves, hydrants, stream crossings, and clearance between sanitary and storm sewers and other underground utilities. The size and material of the water mains and the inverts of the water mains to the nearest 0.1 foot using a USGS datum shall be shown. They shall be drawn to standard engineering scale and the scale shall be shown on each sheet. An index of streets shall also be shown on each sheet.

(d) Details of construction. The standard details of the Borough for hydrants, valves, valve boxes, individual water service, sanitary sewer-water main clearances, etc., shall accompany the plans. Details shall be drawn to standard scales to show clearly the nature of design.

(8) Construction standards.

(a) Water connections shall be made to a street main only under the supervision and inspection of the Borough Engineer or Water Utility Superintendent. Connection to the main shall be made with a wet tap machine and AWWA approved service saddles, tapping sleeves, valves and other appurtenances.

(b) All underground components of the water distribution system shall be installed with a minimum cover of four feet or below the most severe frost line, whichever is greater.

(c) Pipe.

[1] Cement lined ductile iron pipe and fittings shall meet the standards of AWWA C150, AWWA C151, AWWA C110 and AWWA C104 1A test revisions. The minimum allowable pipe class shall be Class 52.

[2] All joints for the water main, shall be of the push-on joints type utilizing a neoprene rubber gasket with bronze conductivity wedges or mechanical joints using lead tipped gaskets. Joints shall meet the standards of AWWAC 111, latest revision.

(d) Valves shall meet AWWA Standard C509, latest revision, for resilient-seated nonrising stem gate valves. All valves should open counterclockwise.

(e) Valve boxes, curb boxes, and meter boxes shall be constructed of the finest quality gray cast iron and meet all applicable AWWA standards.

(f) Corporation cocks and curb stops shall be constructed of the finest quality red brass and meet all applicable AWWA standards.

(g) Service piping.

[1] All service line one-inch through two inches shall be soft temper type K meeting standard ASTM B88, latest revision. Copper piping may be used to a nominal size of four inches.

[2] Cement lined ductile iron pipe shall meet AWWA standards C150, C151, C110, C111, and C104, latest revisions.

[3] Other service piping shall be permitted as specified in the State Uniform Construction Code. Nonmetallic pipe shall be wrapped with magnetic tracer wire or tape.

(h) The service saddle shall meet ASTM A536 and A307, latest revisions, when required.

(i) The fire hydrant shall be installed in accordance with the Borough's standard detail, and shall be model Centurian as manufactured by Mueller Company.

(j) Water meters on water services shall be subject to approval by the Water Utility Superintendent and meet the latest standards of AWWA Sections C700-C708. Turbine meters shall not be permitted.

(k) Ordinary bedding shall be utilized for the installation of mains except where subsurface conditions require special stone bedding or concrete cradle bedding, by the Borough Engineer. Ordinary bedding shall be defined as that method of bedding mains in which the main is bedded, on approved granular material, with ordinary care in an earth foundation shaped to fit the lower part of the main exterior with reasonable closeness for a width of at least 50% of the main diameter; and in which the remainder of the main is surrounded to a height of at least 0.5 feet above its top with approved granular material, shovel placed and shovel tamped to completely fill all spaces under and adjacent to the main; all under the general direction of the Borough Engineer or Water Utility Superintendent during the course of construction. In all cases the type and amount of granular material shall be approved by the Borough Engineer.

(l) Concrete cradle bedding is that method of bedding mains in which the lower part of the main exterior is bedded in two-thousand-pound concrete without reinforcement, having a minimum thickness under the pipe of 1/4 its nominal internal diameter and extending upward to a height equal to 1/2 of the nominal inside diameter and same shall be utilized where so ordered by the Borough Engineer.

(m) Concrete encased pipe bedding is that method of bedding main in which the entire exterior is encased in three-thousand-pound concrete or better and same shall be utilized where ordered by the Borough Engineer.

(n) All water mains shall be extended along the entire frontage of the site to the farthest property limit from the existing main.

(o) Valves shall be provided at the intersection of each street and shall be a maximum of 1,000 feet apart. Accordingly, three gate valves are required at T-type intersections. Valves shall be provided between the water main and fire hydrant, upstream of all wet taps for water main extensions, at all wyes, tees and crosses in the mains, and at other locations recommended by the Borough Engineer or Water Utility Superintendent.

(p) Thrust blocks to resist any movement in mains and fittings shall be placed at valves, fittings, reducers, tees, crosses, bends, hydrants and dead ends.

(q) All thrust blocks shall be cast-in-place concrete, 3,000 psi strength. All bearings surfaces of thrust blocks shall be against undisturbed soil. The use of epoxy coated anchor rods and fittings or mechanical joint retainer glands may be required at the discretion of the Borough Engineer or Water Utility Superintendent.

(r) Fire hydrants shall be located as directed by the Borough Engineer and/or Fire Subcode Official and shall be required at the end of all dead-end mains and a maximum of 500 feet apart as measured along the curbline of the roadway. Hydrants shall be provided at all high spots as a means of air release and at low spots as a point of flushing/blow off. Fire hydrants shall be equipped with six-inch gate valves and shall be constructed with the Borough's standard details.

(9) Approval of plans by state agencies and others. In the event that required approval(s) from a governmental agency other than the Borough reviewing agency is pending, the approving agency may, in appropriate instances and upon good cause demonstrated by the applicant, condition its final approval upon the subsequent approval of such governmental agency.

(a) Conditional approval shall not be granted without evidence confirming that required applications have been properly submitted and pursued.

(b) Conditional approval granted by the Borough reviewing agency shall be for an initial period not to exceed 65 days. In the event that the pending approval or permit has not been obtained upon the expiration of the conditional period, the approval granted by the reviewing agency shall be null and void.

(c) The approving authority may, upon application and for good cause demonstrated, extend the conditional approval for additional period, each not exceeding 65 days.

(10) Testing of the completed water system. The water distribution system shall be subject to a hydrostatic test in accordance with Section 4 of AWWA Standard C-600, latest revision, with a pressure between 150 psig and 250 psig as directed by the Borough Engineer or Water Utility Superintendent. Any joint or component of the distribution system having a visible leak during testing shall be repaired or replaced prior to continuing construction.

(11) Disinfection of water system. After completion of the public water supply (including transmission and distribution mains and distribution system tanks), all surfaces with which adequately protected water may come into contact shall be effectively disinfected in accordance with AWWA C601, and/or NJDEP Safe Drinking Water Act requirements, latest revisions, and tested for the presence of bacteria by an NJDEP certified laboratory, before being placed into service.

(12) Use of system.

(a) During construction and before final acceptance, the Borough shall have the right to use any portion completed without waiving their right to order correction of any defects.

(b) The water supplied through the distribution system shall be properly chlorinated and treated to meet the potable water standards of the New Jersey Department of Environmental Protection, latest revision.

(c) The water distribution system shall be protected from contamination by sewage, radioactive, toxic, biological and other materials which may pose a hazard to public health and welfare by air-gap or backflow prevention devices meeting AWWA 506, latest revision.

(13) Within 30 days after construction, and before final acceptance by the Borough, the applicant is to furnish the Borough one Mylar tracing of as-built drawings in ink, acceptable to the Borough Engineer, and six sets of prints (black on white) of each drawing showing the water mains, connections, etc., as constructed.

(14) The as-built drawings shall accurately show the completed water system in sufficient detail to permit the future location and determination of all components of the system including water mains, valves, fittings, wet taps, corporations, services, curb stops and boxes, hydrants and other pertinent features. The size and type of the components shall be indicated and be dimensioned and tied to existing physical features such as manholes, curbs, buildings, hydrants and other major items acceptable to the Borough Engineer where blowup details are required for clarity they shall be provided.

(15) Preliminary as-builts may be required by the Borough Engineer prior to paving in order to insure facilities locations beneath paved areas.

(16) All new residential and commercial units shall be equipped with remote readout water meters installed in accordance with the Borough's Utility Department.

§ 120-610 Easements.

A. Easements along rear property lines or elsewhere for utility installation shall be required. Such easements shall be at least 20 feet wide for one utility and five additional feet for each additional utility and be located in consultation with the companies or Borough Departments concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines.

B. Floodplains and conservation easements shall be indicated on the preliminary and final plats and shown in such a manner that their boundaries can be accurately determined.

C. The removal of fir trees and ground cover shall be prohibited in a conservation easement or floodplain except for the following purposes: the removal of dead and diseased trees; limited thinning of trees and growth to encourage the most desirable growth; and the removal of trees to allow for structure designed to impound water or in areas to be flooded in the creation of ponds or lakes.

D. The boundary line of any easement shall be monumented along one side at its intersection with all existing or proposed street lines. Such easement dedication shall be expressed on the plat as follows: "__________ easement granted to the Borough of Spotswood as provided for in the ordinances of the Borough of Spotswood and a deed of easement shall be provided for all easement to the Borough of Spotswood."

§ 120-611 Refuse containers and dumpster maintenance.

A. Purpose: A section requiring dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibiting the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Spotswood and/or the waters of the state so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

B. Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

MUNICIPAL SEPARATE STORM SEWER SYSTEM

A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Spotswood or other public body, and is designed and used for collecting and conveying stormwater.

PERSON

Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

REFUSE CONTAINER

Any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.

STORMWATER

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow-removal equipment.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

C. Covering of containers and dumpsters; prevention of leaks and discharges.

(1) Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.

(2) Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Borough of Spotswood.

D. Exceptions.

(1) Permitted temporary demolition containers;

(2) Litter receptacles (other than dumpsters or other bulk containers);

(3) Individual homeowner trash and recycling containers;

(4) Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit;

(5) Large bulky items (e.g., furniture, bound carpet and padding, white goods) placed curbside for pickup.

E. Enforcement. This section shall be enforced by the Code Enforcement Officer of the Borough of Spotswood.

F. Penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,250.

§ 120-612 Private storm drain inlet retrofitting.

A. Purpose: A section requiring the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough of Spotswood so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

B. Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Spotswood or other public body, and is designed and used for collecting and conveying stormwater.

PERSON

Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

STORM DRAIN INLET

An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

C. Prohibited conduct. No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:

(1) Already meets the design standard below to control passage of solid and floatable materials; or

(2) Is retrofitted or replaced to meet the standard in Subsection D below prior to the completion of the project.

D. Design standard. Storm drain inlets identified in Subsection C above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this Subsection D, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection D(3) below.

(1) Grates.

(a) Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

[1] The New Jersey Department of Transportation (NJDOT) bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or

[2] A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension.

(b) Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.

(2) Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.

(3) This standard does not apply:

(a) Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;

(b) Where flows are conveyed through any device (e.g., end-of-pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

[1] A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or

[2] A bar screen having a bar spacing of 0.5 inches.

(c) Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars; or

(d) Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register-listed historic property.

E. Enforcement. This section shall be enforced by the Code Enforcement Officer of the Borough of Spotswood.

F. Penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,250 for each storm drain inlet that is not retrofitted to meet the design standard.

§ 120-613 Floodplain areas.

A. Basis of floodplain areas.

(1) The basis for the delineation of floodplain areas within Spotswood Borough was the Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency and dated February 16, 1990. The mapping of the one-hundred-year floodplain areas is indicated on the map entitled "One-Hundred-Year Flood Hazard and Freshwater Wetlands Map," which is found in the Borough's 1994 Land Use Plan Update, although it is recognized that more floodplain areas exist in the Borough than those mapped. Any mapping of the flood hazard areas by the New Jersey Department of Environmental Protection shall take precedence.

(2) Additionally, while information depicted on the map has been prepared as accurately as possible, nevertheless, it must be understood that detailed information mapped at such a large scale may not represent the actual conditions on any particular parcel of land. Therefore, the information is not intended to take the place of specific on-site engineering data presented to and subjected to independent verification by the Borough at the time applications are submitted for approval of a subdivision, site plan, construction permit, and/or any other application which considers floodplain information.

B. Purpose of regulations for floodplain and stream corridor areas. The purpose of these regulations is:

(1) To protect floodplains and stream corridors so that floodwater may have a natural course to follow and so that the watercourse is not constricted or altered in a manner that will increase water velocities or create a dam.

(2) To allow water levels to rise without danger to persons, animals or property and cover larger land surfaces for the purposes of greater water percolation and recharge of the underground water supply.

(3) To promote the development of a park-like network throughout the Borough of Spotswood along stream corridors.

(4) To permit only that development of flood-prone areas and stream corridors within Spotswood Borough which:

(a) Is appropriate in light of the probability of flood damage and the need to reduce flood losses;

(b) Represents an acceptable social and economic use of the land in relation to the hazards involved;

(c) Does not increase the danger to human, plant or animal life; and

(d) Provides that no decrease in the amount of available storage for floodwaters within the floodplain results from any development.

(5) To prohibit any other types of development including, without limitation, the dumping of solid or hazardous waste, the construction of subsurface sewage disposal systems, the storage of any petroleum products, the addition or removal of fill and the altering of watercourses, temporary roadways and grading, and to retain areas adjacent to streams free from structures and other obstructions.

(6) To protect property from the adverse effects of flooding, erosion, loss of vegetation, seepage, and downstream deposits of silt, gravel and stone, and to prevent burdensome costs to the public arising from such damage and its repair.

(7) To protect other municipalities within the same watersheds from improper stream corridor development and the increased potential for flooding or for reduced stream flows in dry weather.

(8) To prevent disturbance to the ecological balance between wildlife, plant and marine life, which are dependent upon watercourses and their protective floodplains and slopes.

C. Applicability and interpretation.

(1) This section of the chapter regulates development in the following two ways:

(a) By protecting stream corridors, as defined in § 120-613 hereinbelow, from the type and intensity of development which would be destructive to their special environmental importance and harmful to the health and general welfare and to properties downstream; and

(b) By mitigating flood hazards within flood hazard areas pursuant to the requirements of the National Flood Insurance Program. These regulations are, in part, intended to satisfy federal requirements in order to make flood insurance available within Spotswood Borough.

(2) Except in limited cases, the stream corridor requirements of § 120-613 do not permit structures within the stream corridor as defined in § 120-613D hereinbelow which, by that definition, includes flood hazard areas. The flood hazard mitigation requirements in § 120-613F apply only in those limited cases where structures or substantial improvements to structures are permitted.

D. Definitions.

APPEAL

A request for the review of the Borough Construction Official's interpretation of any provision of this section or a request for a variance from the Planning Board.

AREA OF SHALLOW FLOODING

A designated AO or VO Zone on the Flood Insurance Rate Map (FIRM.) The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

AREA OF SPECIAL FLOOD HAZARD

Land in the floodplain within the Borough subject to a 1% or greater chance of flooding in any given year.

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year.

BASEMENT

The area of any building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALL

A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

CHANNEL

The bed and banks of the watercourses located within the boundaries of the Borough of Spotswood which convey the normal flow of said watercourses most of the time.

DELINEATED STREAM

A stream that has a delineated floodway officially adopted by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:13.

DESIGN FLOOD PROFILE

The elevations of the water surface of the floodway design flood and the flood hazard area design flood.

DEVELOPMENT

Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, or storage of equipment or materials filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

ELEVATED BUILDING

A nonbasement building built to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. "Elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

FLOOD ELEVATION DETERMINATION

The determination of the water surface elevations of the design flood, i.e., the flood level that has a 1% or greater chance of occurrence in any given year.

FLOOD FRINGE AREA

The portion of the flood hazard area not designated as the floodway.

FLOOD HAZARD AREA

The floodway and the flood fringe area of a delineated stream.

FLOOD HAZARD AREA DESIGN FLOOD

The one-hundred-year storm in nondelineated areas and the one-hundred-year storm plus 25% in delineated areas.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY

The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry areas from:

(1) Inland or tidal waters; and

(2) The unusual and rapid accumulation of runoff of surface water from any source.

FLOODPLAIN

The relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by floodwater.

FLOODPLAIN MANAGEMENT REGULATIONS

State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY

The channel of a natural stream and portions of the flood hazard area adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream without accumulatively increasing the water surface elevation any more than 0.2 feet.

FREEBOARD

A factor of safety usually expressed in feet above the base flood elevation. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the base flood elevation.

HISTORIC STRUCTURE

Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places:

(a) Approved by a state program as authorized by the Secretary of the Interior; or

(b) Directly approved by the Secretary of the Interior.

LOWEST FLOOR

The lowest floor of the lowest enclosed area, including a basement. An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable nonelevation design requirements.

MANUFACTURED HOME

A structure, transportable in one or more sections which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For the purposes of floodplain management, the term "manufactured home" includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers or other similar recreation vehicles.

MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured homes lots for rent or sale.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of this chapter.

RECREATION VEHICLE

A vehicle which is built on a single chassis; 400 square feet or less when measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

START OF CONSTRUCTION

Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement commenced within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STREAM

A watercourse having a drainage area of over 50 acres.

STREAM CORRIDOR

Includes the area within a floodway, floodplain, flood hazard area and buffer strips 100 feet from the top of the channel banks of the stream. If the floodplain or flood hazard area extends for more than 100 feet from the top of the channel bank, said larger area shall be the stream corridor.

STRUCTURE

For floodplain management purposes, a walled or roofed building, a manufactured home, including without limitation gas or liquid storage tanks, that is principally aboveground. For insurance purposes, "structure" means a walled and roofed building, other than a gas or liquid storage tank, that is principally aboveground and affixed to a permanent site. For the latter purpose, the term includes a building while in the course of construction, alteration or repair but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such material or supplies are within an enclosed building on the premises.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which is solely necessary to assure safe living conditions; or

(2) Any alteration of a structure listed on the National Register of Historic Places or the State Register of Historic Places.

VARIANCE

A grant of relief by the Planning Board from the requirements of this section permitting construction in a manner otherwise prohibited by this section because the literal enforcement would result in unnecessary hardship.

E. Site plan review.

(1) All proposals for any development within a floodplain or stream corridor area shall require site plan approval by the Planning Board in accordance with Article 900 of this chapter; provided, however, that when a plan does not include the construction of permanent buildings or structures but, instead, includes such work as grading, landscaping, work associated with agricultural uses and similar uses, and where, upon the recommendation of the Borough Construction Official, the proposed work is of such a minor nature that Planning Board review is not required, the need for site plan approval by the Planning Board may be waived by the Board. In any case, all other requirements of this section shall apply, and before the work actually begins, the Borough Construction Official shall have issued, in writing, his approval to proceed with the work.

(2) Review of proposal by Construction Official.

(a) When a proposal for development within a floodplain or stream corridor is made to the Borough, initially the Borough Construction Official shall review the proposal to:

[1] Determine that the requirements of this section have been satisfied;

[2] Determine that all necessary approvals have been obtained from those federal, state or other local governmental agencies from which prior approval is required;

[3] Determine if the proposed development is located in the floodway, and, if so, assure that the encroachment provisions pertaining to floodway are met; and

[4] Determine whether any plans for walls to be used to enclose space below the base flood level comply with applicable requirements.

(b) After the review is completed, the Borough Construction Official shall inform the Planning Board of the findings.

(3) Fees shall be provided for site plans in § 120-1001 of this chapter and public notice of public hearings shall be given as stipulated for site plans in § 120-805D of this chapter.

(4) In addition to the applicable information required for site plan approval stipulated in either § 120-903 or 120-904 of this chapter, as applicable, the following additional information shall be provided:

(a) Proposed finished grade elevations at the corners of any structure or structures on U.S.G.S. datum.

(b) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures, existing and proposed.

(c) Elevation in relation to mean sea level to which any structure, existing or proposed, has been or will be floodproofed.

(d) Certification by a New-Jersey-registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria established by this section.

(e) Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. Where alteration or relocation of a watercourse is proposed, notification of the proposed alteration or relocation must be provided to adjacent municipalities and proof of such notification submitted to the Federal Insurance Administration and the New Jersey Department of Environmental Protection.

(f) The extent of proposed or previous filling, cutting or regrading of the land, if any.

(g) The location, type and size of all existing and proposed erosion and siltation control measures, such as slope protection soil stabilization, sedimentation basins, sediment trap headwalls and aprons.

(h) Proof of stream encroachment lines (floodway) obtained from the New Jersey Department of Environmental Protection. Where stream encroachment lines have not been established by the New Jersey Department of Environmental Protection, the following rules shall be utilized to determine the floodway delineation:

[1] Concerning hydrology methods that are acceptable are those outlined in "Technical Manual For Stream Encroachment" August, 1984, Section 3.1, published by the State of New Jersey, Division of Coastal Resources, Bureau of Floodplain Management, as amended.

[2] Concerning hydraulics:

[a] Water surface profiles shall be computed using the Step-Backwater method of analysis;

[b] Computations shall begin at a suitable control point at least 500 feet downstream from a project;

[c] Normal depth computed using Manning equation may be used as the starting elevation if the channel is of uniform cross section and slope, and it can be demonstrated that flow is not affected by backwater caused by downstream obstructions;

[d] Water surface profiles shall be computed based upon existing topography, proposed structures, and changes of topography proposed by the applicant; and

[e] Encroachment lines shall be set at or outside the floodway.

(5) The applicant should be prepared to present evidence that the proposal:

(a) Has an inherently low flood damage potential.

(b) Either acting alone or in combination with the existing or future uses will not obstruct flood flows or increase flood heights and/or velocities or reduce ground absorption or storage volume of stormwater.

(c) Does not affect adversely the water-carrying or storage capacity of the channel, floodway or flood fringe areas.

(d) Does not increase local runoff and erosion and provides proper drainage of the area to an existing adequate watercourse or drainage system.

(e) Does not unduly stress or degrade the natural environment of the floodplain or degrade the quality of surface water or the quality or quantity of groundwaters.

(f) Does not require channel modification or relocation.

(g) It is set forth in this chapter as a permitted use.

(h) It is not a prohibited use in that portion of the floodway, floodplain or stream corridor where proposed to be located.

(6) Where required by the Planning Board, the applicant shall furnish information relating to subsurface conditions based on percolation tests and soil borings or probes. Test borings or probes shall be performed by a licensed professional engineer and shall be in accordance with acceptable engineering standards and practices. Written notification of intention to conduct such tests shall be forwarded to and received by the Borough Engineer at least two working days prior to testing. A detailed report of the test shall be submitted to the Planning Board and the Borough Engineer for review.

(7) When base flood elevation data has not been provided by the Borough, its agents and employees shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source to administer this chapter.

(8) The reasons the use cannot be located totally outside the stream corridor area.

F. Uses in floodway flood fringe and stream corridor areas.

(1) Prohibited uses. No person shall hereafter engage in, cause or permit other persons to engage in prohibited uses in the floodway, flood-fringe, floodplain and stream corridor areas, unless specifically approved by the New Jersey Department of Environmental Protection. All uses not specifically permitted by § 120-613F(2) and (3) hereinbelow shall be prohibited.

(2) Permitted uses in floodway. The following uses shall be permitted in the floodway provided the requirements of § 120-613F(2)(e) and § 120-613G of this chapter are satisfied:

(a) Channel improvements or changes may be permitted only in connection with stream improvements and stabilization, which improvements or changes have the approval of the New Jersey Department of Environmental Protection, the Middlesex County Planning Board and the Spotswood Borough Planning Board.

(b) The accepted practices of soil husbandry and farming as well as recreational uses in the nature of parks, wildlife preserves, undeveloped common open space, play yards, provided that no play equipment is located in the floodway, picnic areas, boat landings and golf courses, provided that a maintenance program to promote stabilization of stream banks is established.

(c) Installation, repairs or replacement of sanitary sewers and appurtenances, and other utility lines and appurtenances.

(d) Culverts, bridges, road or driveway crossings where no other locations are feasible.

(e) No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless a technical evaluation demonstrates that encroachment shall not result in any increase in floodlands during the occurrence of a flood having a one-percent chance of being equaled or exceeded in any given year, unless specifically approved by the New Jersey Department of Environmental Protection. Any proposed use involving the removal of trees shall be undertaken in accordance with the approval of the Spotswood Borough Planning Board. Material, equipment or vehicles related to and used in conjunction with a permitted use shall not be parked or stored in the floodway area.

(f) Stormwater management facilities.

(3) Permitted uses in the stream corridor areas. Except for within the floodway, the following uses shall be permitted in stream corridor areas:

(a) The accepted practices of soil husbandry and farming as well as recreational uses in the nature of parks, wildlife preserves, undeveloped open space, play yards provided no play equipment is located in the stream corridor, picnic areas and golf courses, provided a maintenance program to promote stabilization of stream banks is established.

(b) Rebuilding existing structures provided the requirements of § 120-613G hereinbelow are met.

(c) Additions to preexisting structures not to exceed 25% of the gross floor area of the structure preexisting the adoption of this chapter.

(d) Farm fences allowing free passage of floodwaters and debris.

(e) Installation, repairs or replacement of sanitary sewers and appurtenances and other utility lines and appurtenances.

(f) Stormwater management facilities.

(g) Culverts, bridges, road or driveway crossings where no other locations are feasible.

G. Conditions of approval. The Planning Board may impose such conditions on permitted uses as it deems appropriate in order to promote the public safety, health and welfare to protect public and private property, wildlife and fisheries and to preserve and enhance the natural environment of the stream corridor. No certificate of occupancy shall be issued unless all conditions of approval have been complied with. In all flood hazard areas, the following conditions are specified in any case:

(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(2) All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.

(3) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(4) All new and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into the floodwaters.

(5) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(6) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(7) All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, the use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

(8) All subdivision proposals shall be consistent with the need to minimize flood damage.

(9) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(10) All new construction shall have electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities designed and/or located as to prevent water from entering or accumulating within the components during conditions of flooding.

(11) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

(12) Appropriate and adequate controls on operations, sureties, deed restrictions and maintenance bonds shall be provided.

(13) The construction of stormwater detention and/or retention facilities, channel modifications, dikes, levees and other protective measures shall be required.

(14) The installation of an adequate flood warning system shall be required.

(15) The postponement of development until such a time as any necessary and required preconstruction protective measures are installed or implemented shall be required.

(16) New construction or substantial improvement of any residential structure shall have the lowest habitable floor, including a cellar or basement, elevated to one foot above the flood hazard area design flood elevation (a one-foot freeboard.)

(17) All new construction and substantial improvements with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls, by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect and must meet or exceed the following minimum criteria: a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the unimpeded gravity flow entry and exit of floodwater.

(18) New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including a cellar or basement, elevated to one foot above the design flood elevation (a one-foot freeboard) or, together with the attendant utility and sanitary facilities, be floodproofed so that below the design flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A licensed professional engineer or architect shall certify that the standards and methods of construction of this section are satisfied. Such certification shall be provided to the Planning Board. Any or all of the following floodproofing measures may be required:

(a) Installation of watertight doors, bulkheads and shutters, or similar devices.

(b) Reinforced walls to resist water pressure.

(c) Use of paints, membranes or mortars to reduce seepage of water through walls.

(d) Addition of weights to structures to resist flotation.

(e) Installation of pumps to lower water levels of structures.

(f) Pumping facilities or comparable measures for the subsurface drainage systems of the building to relieve external foundation wall and basement flood pressures. Over the sidewalk and under the sidewalk gravity or sump pump drains are not permitted. All such drains shall outlet into an existing adequate watercourse or drainage system.

(g) Construction that resists rupture or collapse caused by water pressure or floating debris.

(h) Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewerage or stormwaters into the structure; gravity drainage of basements may be eliminated by mechanical devices.

(i) Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure that they are not subject to inundation and flooding.

(j) Annual inspection and recertification of all nonresidential structures which have been floodproofed to assure that floodproofed structures and attendant facilities have been properly maintained.

(19) Where and when permitted, fill shall be no lower than one foot above the flood hazard area design flood elevation and shall extend at such height for a distance of at least 15 feet beyond the limits of any structure erected thereon.

(20) Where and when permitted, structures on fill shall be so built that the lowest floor is at a minimum of one foot above the flood hazard design elevation.

(21) All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the finished floor elevation of the lowest floor is at or above the base flood elevation.

(22) All necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

(23) Adequate maintenance shall be provided within any altered or relocated portion of a watercourse so that the flood-carrying capacity is not diminished.

H. Variances from conditions. Variances from the conditions of this section may only be issued by the Spotswood Borough Planning Board in conformance with the following provisions:

(1) For the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Register of Historic Places.

(2) Variances shall not be issued within any designated floodway, flood fringe area or stream corridor if an increase in flood levels during the design flood would occur.

(3) Variances may only be issued upon a determination that the variance is the minimum necessary to afford relief considering the flood hazards.

(4) Variances may only be issued upon a determination that failure to grant the variance would result in exceptional hardship to the applicant and a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

I. Flood insurance. Flood insurance in accordance with the Federal Insurance Agency shall be required for all developments in the floodplain.

J. Warning and disclaimer. The degree of flood protection required herein is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside flood hazard areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the Borough of Spotswood or by any other officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

K. Flood hazard area searches.

(1) Official designated to make flood hazard searches. The Borough Council shall, annually, designate an official of the Borough and/or a number of private consulting firms who are authorized to make and prepare flood hazard area searches.

(2) Issuance of certificates. The official appointed to make such searches shall issue certificates with respect to flood hazard areas on behalf of the Borough within a reasonable time after receipt of the following:

(a) A written request for a flood hazard area search containing a diagram or description showing the location and dimensions of the tract of land to be covered by the certificate, and the name of the owner of the tract of land; and

(b) The total fees as herein provided.

(3) Fees for certificates. The following fees shall be received prior to the issuance of any certificate:

(a) Where the property described in the application is shown on the Tax Map as consisting of five acres or less, a fee of $5.

(b) Where the property described in the application is shown on the Tax Map as consisting of more than five acres but less than 20 acres, a fee of $10.

(c) Where the property described in the application is shown on the Tax Map as consisting of 20 acres or more, a fee of $20.

§ 120-614 (Reserved)