A.
Where an Official Map or Master Plan has been adopted,
the development shall conform to said map or plan.
B.
Suitability of lots. Any lot(s) or portions of a lot
which, in the judgment of the approving authority, are undevelopable
or in some manner may create or generate conditions inimical to the
public health, safety, morals or welfare may be denied either subdivision
or site plan approval, in whole or in part. The reason(s) for denial
shall be related to such matters as, but not limited to, deficient
street access or street design standards such as grade, width or construction
standards; improper drainage; noncompliance with Pinelands, soil erosion,
wetlands, stream encroachment, or flood hazard requirements; insufficient
lot area, lot dimensions, buildable area, or setbacks; inadequate
water or sewer service; insufficient on-site traffic circulation,
parking or loading; insufficient stormwater control; or conditions
related to unsafe sight distances, hazardous or toxic materials, air/water/ground
pollution or excessive off-site impacts related to lights, noise,
odors, traffic congestion or unsafe ingress and egress. Where one
or more lots in a subdivision are denied or where development plans
for portion(s) of a lot are denied, those areas shall be redesigned
to either serve some other permitted activity or use or be attached
to an approvable lot, or be deed restricted to open space until the
deficiencies are remedied.
C.
Plats straddling Borough boundaries. Access to lots
within the Borough shall be from within the Borough. New lots shall
also use the Borough boundary as the lot line to avoid new lots straddling
the boundary.
D.
All work and material shall be in accordance with
the Standard Specifications of the New Jersey Department of Transportation,
latest edition.
A.
Apartments and townhouses shall have site plan approval
and be served by public water and sanitary sewers.
B.
Each overall development shall have a compatible architectural
and landscaping theme with variations in design to provide attractiveness
to the development. Each project shall specify how each of the following
considerations has been incorporated into the overall plans: landscaping
and natural features such as wooded areas, drainage courses, soil
conditions and topographic relief. The plans shall indicate how building
design features have been considered and selectively used within the
project such as varying unit widths, staggering unit setbacks, providing
different exterior materials, changing roof lines and floor designs,
altering building heights and changing types of windows, shutters,
doors, porches, colors and vertical or horizontal orientation of the
facades, singly or in combination.
C.
The configuration of structures may be any alignment
that meets the yard requirements and does not exceed a length of 200
feet when measured through the center line of the building. Any passageway
between two structures which has a roof attached to both structures
shall be included in calculating these lengths. Townhouse structures
shall have not less than three nor more than eight units in one overall
structure.
D.
No dwelling unit shall have a living area lower than
the finished grade along the front of the structure, except that on
side hill locations the number of stories above ground on the uphill
side shall not exceed two with a third story permitted above ground
on the downhill side. The height of the building measured from the
foundation on the downhill side shall not exceed 40 feet.
E.
All required open space shall be improved for the
purposes intended as shown on the plan.
F.
The location of any recreational facilities shall
consider the proximity of structures, type of recreational facility,
noise level and evening illumination which may create nuisances for
residents. The periphery of any recreation area shall be no closer
to a residential structure than the minimum yard for that structure.
[Added 10-4-2010 by Ord. No. 2010-12]
A.
Applicability. This section shall apply to all buildings located
in the Central Business District (C-1) and to any building located
in an Institutional District (INST) fronting on the White Horse Pike
between Berlin-Cross Keys Road and Taunton/E. Taunton Avenues, collectively
called the CBD in this section.
B.
Purpose. The CBD is the traditional center of commerce in Berlin
Borough and is the location of municipal government and other important
institutions. As is common with other traditional centers, it was
developed over time into a compact, pedestrian-oriented shopping district.
This is contrasted with the highway-oriented commercial development
developed at a later period along Route 73 and other portions of Route
30. The CBD has a unique character that with inappropriate development
or redevelopment will result in unproductive and ineffective land
use. The design guidelines have two purposes. The first is to underscore
and reinforce the existing character of the district. This section
acts as a guide for applicants to ensure that new construction and
the rehabilitation of buildings and structures occur in a manner consistent
with the character of the CBD. Second, it functions as a business
development tool to assist in the preservation of property values,
prevention of blight and community support for its improvement.
C.
General principles of the CBD design standards.
(1)
New development shall resemble existing buildings in the district
in terms of roof shape, massing, orientation, proportion, scale, and
rhythm of openings (including, but not limited to, windows, doors,
and vents).
(2)
Buildings, unless they are institutional buildings, shall be
located at or near the front property line.
(3)
Parking lots shall be located to the rear of buildings or appropriately
screened side yards. Common parking lot cross-easements among property
owners in a block are encouraged. Pedestrian connections from the
parking lots to the White Horse Pike are encouraged. Rear entrances
from parking lots for customers are encouraged.
(4)
The exterior of buildings shall be clad in traditional building materials as indicated under Subsection E, Building materials, below.
(5)
Street and site furnishings shall be incorporated into developments
within the Central Business District, such as flower boxes, arbors,
planters, benches, and waste receptacles.
(6)
Where construction within the right-of-way occurs, the completed
work shall match the streetscape elements as constructed in front
of Borough Hall.
E.
Building materials.
(1)
Of the total amount of glass on the first-story facade, a minimum
of 85% shall be transparent. The remaining 15% may be transparent
or nontransparent glass. Reflective glass shall not be used.
(2)
Recommended materials (other than glass) include metal, brick,
stone, stucco, and wood trim. Precast stone may be used for the window
or door architrave or below the first-floor fenestration or watercourse.
Materials shall be highly durable, attractive, and easily maintained,
especially at street level where pedestrians may come into contact
with the building. Exterior materials shall not create glare.
(3)
Discouraged materials include vinyl siding, pressed wood siding,
and exterior insulated finishing systems (EIFS, or synthetic stucco).
(4)
Materials shall not cover over the original architectural features
of the building.
F.
Facade articulation.
(1)
A minimum of 35% of each upper story shall be windows.
(2)
Large unarticulated walls are discouraged, and shall have a
window or functional public access (such as a door or passageway)
at least every 10 feet. Facades exceeding 50 feet in length shall
be visually broken down into bays through the use of architectural
elements such as pilasters, reveals, or other three-dimensional surface
modulations.
(3)
Building facade designs shall respect the historical context
of the White Horse Pike. Designs shall be contextual to adjacent buildings,
including their cornice lines and horizontal banding. The use of traditional
facade components is encouraged and includes parapet caps, cornices,
transoms, awnings, mansard roofs, storefronts, kick plates, recessed
entries, and sign bands.
(4)
The articulation of the facade shall be designed to appear more
vertical than horizontal. This shall be expressed in architectural
elements such as joints, projections, recesses, openings, windows,
etc. Windows shall be proportioned to appear vertical, even when combined
to form horizontal bands.
(5)
Building corners that face an intersection shall strive for
a distinctive form and a high level of articulation.
(6)
A minimum of 60% of the first-story facade for retail sales
and service uses and 40% of office uses shall be windows. First-story
windows shall be located a maximum of three feet above the adjacent
sidewalk excepting institutional and residential uses.
(7)
Windows shall be used to display products and services and maximize
visibility into storefronts. Windows shall not be obscured with elements
that prevent pedestrians from seeing inside.
(8)
The level of architectural detail shall be most intense at street
level, within view of pedestrians on the sidewalk. Examples of detail
include relief in building materials to create shadows, decorative
elements such as moldings, and textured building materials.
(9)
If ceilings must be lowered below the height of ground-level
windows, provide an interior, full-height, three-foot minimum deep
space immediately adjacent to the window before the drop in the ceiling.
This space may be used to form a display zone at the storefront to
establish an area for unique merchandising.
G.
Building entrances.
(1)
Building entrances shall be emphasized with architectural features,
changes in the roofline, different massing, or unique materials and
finishes.
(2)
Street addresses shall be clearly displayed with numbers that
are a minimum of four inches high. Numbers greater than six inches
high must comply with all applicable sign regulations.
(3)
The primary pedestrian building entrances shall be located along
the street front. For buildings that front on two streets, the primary
pedestrian entrances shall be located along the White Horse Pike or
the corner if the building is located at an intersection. Loading
and service entrances shall be located to the side or rear of a building.
(4)
Building entries shall be at grade.
(5)
The use of solid, roll-down security grates is discouraged.
Alternatives to solid roll-down grates include ornamental wrought-iron
doors, interior roll-down grates, or other security devices that can
be completely concealed during regular business hours.
(6)
Doors shall be at least 50% transparent.
H.
Awnings, mansard and pent roofs.
(1)
Retractable and fixed awnings shall be affixed to the building
a minimum of eight feet above grade but at no point less than seven
feet six inches in height.
(2)
Mansard/pent roofs shall be a minimum of nine feet above grade
at their lowest point.
(3)
Awnings and mansard/pent roofs may extend into the right-of-way
three feet.
(4)
Awnings and mansard/pent roofs must be mounted and supported
by the building. No portion of the projection may touch the ground.
(5)
Use of one long awning or mansard/pent roofs across more than
one building is encouraged.
(6)
Awnings should be designed with a straight slope from their
attachment to the building combined with a shorter vertical section.
Curved awnings should not be used.
(7)
Attached signs may be placed on the lower portion of mansard
or pent roofs, provided their location is in between the first and
second story or between the first story and parapet/cornice line of
the building.
(8)
Awnings shall be constructed of metal, canvas, or fire-resistant
acrylic in a matte finish.
(9)
Mansard/pent roofs should be constructed in accordance with
the following illustration:
 |
I.
Building lighting.
(1)
Where buildings are renovated with mansard/pent roofs, lighting
shall be installed in the soffit to illuminate the sidewalk and building
entrances. Other building-mounted light fixtures shall not extend
more than 24 inches beyond the building facade. If a fixture projects
more than six inches from the building facade, a minimum ground clearance
of eight feet above grade shall be maintained. Fixtures shall be mounted
no lower than five feet above grade.
(2)
Light fixtures shall be shielded to prevent glare for pedestrians,
motorists, adjacent businesses, residents, or tenants.
(3)
The use of moving, blinking, or strobe lights is prohibited.
(4)
The combined minimum luminance level for the sidewalk area is
0.4 footcandles, based upon a luminance uniformity criterion of a
ratio of 3:1, average: minimum footcandles. This uniformity ratio
applies only to horizontal footcandle levels on the walkway.
J.
Fences, railings and walls.
(1)
Fences, railings, and walls are discouraged along the White
Horse Pike except to screen surface parking lots and unimproved lots,
to protect pedestrians against grade changes, and to delineate a private
forecourt.
(2)
Fences and railings shall be a minimum of 36 inches and a maximum
of 42 inches tall, except as may be required by the Barrier Free Sub-Code
(N.J.A.C. 5:23-7).
(3)
Fences, railings, and walls shall be constructed of metal, brick,
stone or wood. Plastic and chain-link fences are discouraged.
(4)
Fences, railings, and walls shall be designed to complement
the adjacent architecture through the use of similar materials, colors,
finishes, and architectural details.
(5)
Fences shall be a minimum of 70% open.
(6)
Solid walls shall be a minimum of 30 inches and a maximum of
36 inches tall, except for piers. Piers shall be a minimum of eight
inches and a maximum of 12 inches taller than the rest of the wall.
(7)
A masonry wall is the preferred method of concealing parked
motor vehicles. The following detail shall be followed unless the
Planning Board approves an alternate design:
 |
(8)
Walls within the CBD may be placed with their outer edge on
the right-of-way line but in no instance shall be located within any
clear sight distance requirement. The preferred treatment at corners
is to indent the wall at 90° to the right-of-way line to avoid
interference with motorists' vision. An additional acceptable means
is for the solid portion of the wall to be 30 inches or lower in height
with an eighteen-inch-high wrought iron or equivalent fence on top
of the wall, provided that the fencing is 90% open.
K.
Site furniture.
(1)
Site furniture located in private outdoor spaces contiguous
with the right-of-way (i.e., recessed entries) is restricted to planters
and pots, public art, tables and chairs used for outdoor cafes, and
tables used for outdoor merchandise.
(2)
The design and material must complement the building or storefront
architecture and the context of the design.
(3)
Pots, planters and public art may not block visibility or pedestrian
access to storefronts or building entrances and shall be movable for
periodic maintenance.
(4)
All exterior site furniture shall be durable. Treated wood is
discouraged, and any plastic shall be high density and of superior
quality.
(5)
Site furniture shall not damage streetscape materials, such
as pavers or landscaping, in any way.
L.
Sidewalk and pedestrian circulation.
(1)
Whenever an application for development requires the reconstruction
of a sidewalk within the right-of-way, the following detail shall
be followed unless the Planning Board approves an alternate design:
 |
(2)
Pedestrian walkways shall be provided between all commercial
buildings. Such walkways may be brick, edged in brick, exposed aggregate
concrete, patterned concrete, or a combination of these. The color
of concrete sidewalks shall match the color of the closest existing
sidewalk.
(3)
Parking lots and pedestrian walkways shall be designed as attractive
elements of the site by their own right with the use of trees, landscaping,
pedestrian walkways, and various building materials and textures.
(4)
Sidewalks shall be connected where there are gaps or missing
links.
(5)
Locations for the parking of bicycles shall be provided at the
direction of the Planning Board where there is anticipated use within
the community.
M.
Utilities and equipment screening.
(1)
Mechanical equipment located on the ground is discouraged on
the White Horse Pike side of a building. Such equipment shall not
be visible from the White Horse Pike right-of-way.
(2)
Mechanical equipment located on the ground shall be screened
by a structure that complements the design of the building through
the use of similar materials, colors, finishes, and architectural
details.
(3)
Mechanical equipment located on the roof of a building shall
be screened by a structure that complements the design of the building
through the use of similar materials, colors, finishes, and architectural
details.
(4)
Elevator penthouses shall be screened by a structure that complements
the design of the building through the use of similar materials, colors,
finishes, and architectural details.
N.
Landscaping. In addition to the requirements of §§ 335-45 and 335-77C for street trees and the landscaping of parking lots and sites, the lower portion of vehicles shall be visually blocked from view from public rights-of-way. Landscaping may be required in front of any wall used for the screening of parking lots or unimproved lots or behind the wall to provide additional screening of parked vehicles at the direction of the Planning Board.
O.
Loading dock screening.
(1)
Loading docks are prohibited on the White Horse Pike side of
any building, but are allowed on cross streets. On these streets,
the width of the street frontage necessary for loading docks shall
be minimized.
(2)
Loading docks shall be screened from pedestrian view. Opaque
doors or gates shielding the loading docks from view are required.
P.
Site-specific standards. The following illustrations shall be utilized
in the review of facade improvements to the CBD. Developers required
to submit an application for development in the CBD shall conform
to the standards specific to the block, lot and street addresses as
indicated on the illustrations or shall propose an alternative design
that is consistent with the intent and purpose of this section as
determined by the Planning Board. In the event that the illustrations
do not depict existing conditions, the applicant shall propose a building
design that meets the intent and purpose of this section and standards
herein.[1]
[1]
Editor's Note: The design standards illustrations are included
at the end of the chapter.
A.
The purpose of this section is to provide two methods
of preserving land for private open spaces, common property, conservation
areas, floodplains and/or a variety of public uses such as school
sites, recreation areas, parks and other public purposes. These areas
are able to be created by permitting a reduction in lot sizes without
increasing the permitted number of lots or dwelling units. In cluster
designs, all lots are reduced in size and concentrated in selected
areas in order to generate other areas that are to be dedicated to
open space and retained in common ownership. In lot size averaging,
some lots are reduced in size while others are increased in size in
order to maintain the average lot size required in the zoning district.
Under lot size averaging, none of the lots created is intended for
common property, but one or more of the larger lot(s) can be for open
space or public purposes and/or provide a mix of lot sizes to serve
the permitted uses.
B.
Developments using either cluster or lot size averaging
may be approved in accordance with the following standards where cluster
and lot size averaging are permitted under the zoning regulations:
(1)
All uses shall be connected to public water and sanitary
sewer systems.
(2)
The maximum number of lots or dwelling units or gross
floor area shall be as set forth for the zoning district(s) in which
the property is located. The number of permitted lots and dwelling
units shall be determined by the applicant first preparing a concept
plan for a standard subdivision design (noncluster or nonlot size
averaging design) where the lots all conform to the requirements of
the zoning district in which it is located and the layout provides
proper access and avoidance of wetlands and similar constraints on
the property. Once the concept plan for a standard design is accepted,
the number of lots and dwelling units is to be counted. Using that
number of lots and dwelling units, the applicant may then redesign
the project under either the cluster or lot size averaging requirements.
In the event that the number of lots and dwelling units cannot be
agreed upon in a concept plan, the applicant may proceed with the
more detailed preliminary plat for the standard subdivision design.
After the preliminary plat design, the number of lots and dwelling
units can be counted and thereafter the applicant may proceed with
the cluster or lot size averaging design using that number of lots
and dwelling units.
(3)
When using cluster zoning, the minimum percent of
the total tract to be set aside for either open space, common property
or public areas, excluding street rights-of-way and stormwater basins
up to the top of berm, shall be 25% of the original tract.
[Amended 5-4-2006 by Ord. No. 2006-6]
C.
Lands offered to the Borough shall meet the following
requirements:
(1)
The minimum size shall be three acres with no dimension
less than 250 feet.
(2)
The property shall be an integral part of the development
located to best suit the purpose(s) for which it is intended, and
its primary access shall be from a public street which abuts at least
30% of the perimeter of the lot.
(3)
Every parcel accepted by the Borough shall be conveyed
by deed at the time of final plat approval.
(4)
Lands offered to the Borough shall be subject to approval
by the governing body or school board after recommendation by the
approving authority. The approving authority shall be guided by the
Master Plan, the accessibility and potential utility of such lands
to serve the intended purpose and such existing features as topography,
soils, wetlands and tree cover as these features may enhance or detract
from the intended use of lands. The approving authority may request
an opinion from other agencies or individuals as to the advisability
of accepting any lands being offered.
All work and material shall be in accordance
with the Standard Specifications of the New Jersey Department of Transportation,
latest edition.
A.
Monolithic concrete curb and gutter or concrete curb, as directed by the approving authority, shall be installed along every street within the development and along all abutting existing roadways where curbing does not exist. Curbs shall be set in accordance with approved lines and grades. Radial curbs shall be formed in an arc segment on a smooth curve, except as set forth in Subsection D below. Chord segments are prohibited. Standard sections shall be 10 feet in length. An applicant may submit an alternative curb design using Belgian block, provided that the design is consistent with the requirements of this section. Details of a Belgian block curb alternative shall be submitted for review and approval by the Engineer and acceptance by the approving authority.
B.
At street intersections and all other locations designated
by the approving authority, ramps for bicycles and/or wheelchairs
shall be provided in accordance with the Design Standards for Curb
Ramps for the Physically Handicapped, prepared by the New Jersey Department
of Transportation.
C.
Materials. All work and material shall be in accordance
with the Standard Specifications of the New Jersey Department of Transportation,
latest edition.
D.
Methods of construction.
(1)
Joints; concrete curb and gutters. Expansion joints
shall be provided at intervals of 20 feet or when new construction
abuts existing construction. The expansion joints shall be filled
with one-half-inch-thick cellular compression material to within 1/2
inch of the top and face of the curb and to within 1/4 inch of the
top of the gutter. Dummy joints shall be provided at alternate twenty-foot
intervals.
(2)
Concrete work in cold weather. No concrete shall be
poured between December 1 and March 1 of each year without the prior
expressed permission of the Engineer. Where such written permission
is obtained, the Engineer shall specify the appropriate procedures
to be followed from the State Specifications, which requirements shall
also apply from March to November in cold weather conditions.
(3)
Concrete curb. Concrete curb shall be constructed
in accordance with Division 5, Section 5, of the State Specifications,
except that the mixture shall be as designated in these specifications.
True joints shall be placed on curb at twenty-foot intervals. Backfilling
for curbs shall be made within 72 hours after construction. Curb dimensions
shall be six inches wide at the top, nine inches wide at the bottom
and 18 inches deep. Unless otherwise required by the Engineer, the
reveal shall be six inches, except at driveways where a one-and-one-half-inch
reveal shall be used. Where the curb is to be constructed along lines
having a radius of 250 feet or less, securely anchored curved forms
shall be used. Multiple ten-foot-long tangent straight forms will
be permitted for curved curb where the radius exceeds 250 feet, provided
that the ends of the tangent are finished to prevent the appearance
of sharp angles. At street intersections the curb corners shall have
a minimum radius of 25 feet unless conditions are such that a minimum
radius of 25 feet is not practical. Curb radii shall be 30 feet for
collector streets and 35 feet for arterial streets. Where such conditions
may occur, the owners shall obtain written permission from the Engineer
to decrease the radius. All curbing shall have depressed radii to
accommodate handicapped persons.
[Amended 5-4-2006 by Ord. No. 2006-6]
A.
Residential site improvement standards. As part of
and as a condition for approval for each application for all development
or site plans, other than applications for variances, signs, minor
site plans, and conditional uses, the applicant shall comply with
the residential site improvement standards promulgated at N.J.A.C.
5:21-7.1 through 5:21-7.6, as amended, and except as otherwise listed
herein.
B.
General.
(1)
Over-the-sidewalk, under-the-sidewalk and/or through-the-curb
drains for the purpose of disposing sump pump runoff is prohibited.
These facilities must outlet into an adequate watercourse or drainage
system.
(2)
The developer shall be responsible for acquiring all
state and/or federal permits related to stream encroachment, wetlands,
etc. as may be necessary for the project and for providing the appropriate
municipal agencies copies of the approvals and permits.
C.
Underdrains.
(1)
Where perimeter underdrains are required, they shall
be connected into a sump pit approved by the Borough Engineer and
piped to a storm drainage system or shall be tied into a separate
underdrain system. In no case shall perimeter underdrains be tied
into the underdrain beneath the sanitary sewers nor to the sanitary
system.
(2)
Where sump pumps are used on individual lots, they
shall discharge into a pipe which shall run from the structure to
the underdrain or drainage system in the street. A sump pump may only
be used to supplement the underdrain system around the structure.
No underdrains in streets shall be less than six inches in diameter.
The size of the underdrains shall be increased not less than 10% in
cross-section areas for each 1,000 feet of longitudinal drain. Cleanouts
shall be provided at all changes in line or grade; however, the distance
between cleanouts shall not exceed 400 feet. Cleanouts in paved areas
shall have a traffic-bearing cover. In no case shall cleanouts be
permitted in sanitary manholes. One cleanout with a screw-type cap
shall also be provided in each basement floor to drain to the underdrain
in the street. Underdrains in the street shall be separated from the
sanitary sewer by a horizontal and vertical distance of at least one
foot zero inches.
D.
Pipes.
(1)
Materials shall comply with the residential site improvement
standards except in nonresidential developments, where the materials
listed below shall be used:
(a)
Reinforced concrete pipe. Reinforced concrete
pipe shall conform to the requirements of the American Society for
Testing Materials Specifications, as amended. Unless otherwise specified
herein, reinforced concrete pipe shall be Class III, Wall B. Where
a cover of a pipe is less than two feet, Class IV pipe shall be required.
(b)
Concrete. Four-thousand-pounds-per-square-inch
concrete conforming to the requirements set forth elsewhere herein
shall be used for the construction of concrete cradles and in making
connections to existing drainage structures.
(2)
Methods of construction shall be in accordance with
NJDOT requirements, latest edition.
E.
All major bridges and culverts shall be designed for
one-hundred-year-storm flow capacities.
F.
Land designated as a flood hazard area shall not be
designed for residential occupancy nor for any minimum yard areas
nor for any other purpose which may endanger life or property or aggravate
the flood hazard. Such land shall be considered for open spaces, extended
yards or other similar uses in accordance with the floodplain regulations.
G.
Where any development is traversed by a watercourse, a drainageway or drainage system or a channel or stream, a drainage easement shall be provided and dedicated to the Borough conforming substantially with the lines of such watercourse with such further width as will be adequate to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the Borough. A minimum of 15 additional feet beyond the bank top on at least one side of the drainage easement shall be provided for access to the drainage easement. The easement shall meet the minimum widths and locations shown on any adopted Official Map or Master Plan or as required under § 335-41, Easements.
H.
Lots shall be graded to secure proper drainage away
from the buildings. Additionally, drainage shall be provided in a
manner which will prevent the collection of stormwater in pools or
other unauthorized concentrations of flow, and, to the greatest extent
possible, water shall not flow across adjacent property lines.
J.
Approval of drainage structures shall be obtained
from the appropriate municipal, county, state and federal agencies
and offices. Final approval shall not be effective until letters of
approval from the proper governmental authorities are furnished to
the secretary of the approving authority with a copy of each letter
forwarded to the Borough Engineer.
K.
When required by the Borough and as indicated on an
approved development plan, a drainage right-of-way easement shall
be provided to the Borough where the tract or lot is traversed by
a watercourse, surface or underground drainageway or drainage system,
channel or stream. The drainage right-of-way easement shall conform
substantially to the lines of such watercourses and, in any event,
shall meet any minimum widths and locations as shown on any adopted
Official Map or Master Plan. Such easement shall be expressed on the
plat as follows: "Drainage easement granted for the purposes provided
and expressed in the Zoning Ordinance of Berlin Borough."
L.
All construction shall be in accordance with the construction
standards promulgated by the Borough Engineer.
M.
Developments and site plans that are granted variances
or exceptions from the stormwater management design and performance
standards shall be required to perform off-site improvements for the
purposes of increasing water quality, increasing groundwater recharge,
and/or reducing flooding. The effect of off-site improvements shall
be equal to or greater than the shortfall granted as a variance or
exception, as determined by the Planning Board. The off-site improvements
shall be performed within the same HUC-14 zone as the proposed development
or site plan. If no off-site improvements are necessary within the
same HUC-14 zone, then off-site improvements shall be in another HUC-14
zone within the municipality. The list of HUC-14 mitigation plans
is available through the Planning and Zoning Department. In order
to grant a variance or exception, the Borough must submit a written
report to the Camden County Stormwater Management Coordinator and
the NJDEP Division of Watershed Management describing the variance
or exemption and the required mitigation, in accordance with N.J.A.C.
7:8-4.6.
See also § 335-53, Off-street parking and loading, and § 335-62, Sight triangles. No driveway shall be constructed or maintained which does not meet the following regulations, except that access to a state highway shall be subject to NJDOT approval in accordance with the State Highway Access Management Code:
A.
The entrance to the street shall be at an angle between
75º and 105º with the intersecting street.
B.
The portion of the driveway between the street right-of-way
and the cartway (including the apron and sidewalk) shall be paved
with concrete (four-thousand-two-hundred-pounds-per-square-inch strength
and six inches thick).
C.
Curbing shall be either depressed at the driveway
or have the curbing rounded at the corners with the driveway connected
to the street in the same manner as another street.
D.
The grade of a driveway shall not exceed 10%.
E.
Driveway pavement widths, exclusive of any parking
bay, turnaround and curb return, shall be as follows:
|
Minimum Width
(feet)
|
Maximum Width
(feet)
| |||
|---|---|---|---|---|
|
Industrial
|
25
|
40
| ||
|
Commercial
|
25
|
40
| ||
|
Multifamily
|
25
|
35
| ||
|
One- and two-family
|
10
|
20
| ||
|
Public and quasi-public
|
25
|
35
|
F.
The minimum distance to street intersection shall
be 50 feet.
G.
There shall be a maximum of one driveway per single-family
lot unless the lot is greater than 150 feet wide, in which case the
maximum is two driveways. Nonresidential uses shall be limited to
no more than two to any one street, and they shall be at least 300
feet apart and located no closer than 200 feet to a street intersection
or adjacent property line.
H.
Driveways shall be located the following distances
from lot lines other than street rights-of-way, except that where
two lots share a driveway, the driveway may either abut or overlap
the common lot line:
I.
Residential driveways exiting onto collector and arterial
streets or streets with posted speeds above 25 miles per hour, shall
have a turnaround area on site so vehicles can exit onto the street
in a forward direction and will not back out onto the street.
J.
Driveways to nonresidential sites are to be constructed
to accommodate the type and frequency of expected delivery vehicles.
Where the type of vehicle is not known, the WB-50 design vehicle (i.e.,
tractor-trailer with a fifty-foot wheelbase) shall be used.
A.
All easements affecting the property which is the
subject of an application for development shall be plotted on the
preliminary and final plat and shall be clearly labeled as to the
type of easement. These may include, but are not limited to, easements
for shade trees, wetlands, wetland transition areas, drainageways,
streams, flood hazard areas, conservation, cross easements for access,
walkways, utilities, sight triangles and stormwater management.
B.
Utility and drainage installations not located in
public or utility rights-of-way and all easements shall be located
along side and/or rear lot lines where possible. Such easements shall
be of sufficient width to accommodate the facilities, including access
and work space for maintenance vehicles. No easement, for whatever
purpose, shall be less than 15 feet in width.
C.
The removal of trees and ground cover shall be prohibited
in a conservation easement or floodplain, except for the following
purposes: the removal of dead or diseased trees, limited thinning
of trees and growth to encourage the most desirable growth and the
removal of trees to allow for structures designed to impound water
or areas to be flooded as a result of the creation of ponds or lakes.
D.
All easements shall be dimensioned to allow an accurate
location of the easement. Each type of easement shall be identified
in a note on the plat as to the purposes, restrictions and conditions
applicable within the easement, which language shall be placed in
each property deed.
E.
Internal grading of a lot as by swale, berm or other
topographical feature designed to intercept or direct waters shall
either be designated as an easement on the plat or be dedicated by
recorded instrument in such a way as to notice future owners of said
easement and ensure continued maintenance of the drainage feature.
A.
Fire hydrants shall be installed along all streets
as shown on the approved preliminary plat and as approved by the Borough
Fire Marshal and/or Fire Department.
B.
Fire hydrants shall be as manufactured by the Mueller
Valve Companies, or equivalent. Operating and cap nuts shall be one-and-one-half-inch
pentagons. They shall be equipped with two hose nozzles and one steamer
nozzle, size and threads to be in accordance with local fire company
requirements. They shall have a provision for a six-inch connection
to the main. The minimum valve opening for the hydrant shall be 4
1/4 inches.
Also see the sections entitled "Drainage," "Easements," "Soil erosion and sediment control" and "Stormwater runoff" in Article V.[1]
A.
Where state or federal agencies have or will publish
any reports which clearly delineate by contours the one-hundred-year
flood hazard design elevation of a watercourse, said report shall
be the officially delineated flood hazard area as if said report were
published in this chapter. Where no such delineation has been mapped,
the one-hundred-year floodplain shall be as delineated by a developer's
engineer and approved by the Borough Engineer and the New Jersey Department
of Environmental Protection, Division of Water Resources.
B.
On any lot containing a floodway or a flood-fringe
on which it is proposed to regrade and/or construct an improvement,
the regrading and/or construction shall not be permitted unless the
proposed development and use are permitted by this chapter, plat approval
has been granted and the required permit has been issued by the New
Jersey Department of Environmental Protection, Division of Water Resources.
A homeowners' association may be established
to own and maintain common open space and other common property designed
within a development. If established, the organization shall incorporate
the following provisions:
A.
Membership shall be mandatory by all property owners,
condominium owners, stockholders under a cooperative development and
other owners of property or interests in the project. Membership responsibilities
shall be in writing between the organization and each member in the
form of a covenant with each agreeing to liability for a pro rata
share of the organization's costs.
B.
The organization shall be responsible for liability
insurance (with the Borough carried as a named insured), taxes, maintenance
and any other obligations assumed by the organization and shall hold
the Borough harmless from any liability. The organization shall not
be dissolved and shall not dispose of any common open space or common
property by sale or otherwise, except to an organization conceived
and established to own and maintain such open space or property for
the benefit of such development. Thereafter, such organization shall
not be dissolved or dispose of any of its open space or property without
first offering to dedicate the same to the Borough.
C.
The organization shall be allowed to adjust the assessment
upon each member's property in order to meet changing needs.
D.
The organization shall clearly describe in its bylaw the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and articles of incorporation of the organization. The master deed shall state that every tenant and property owner shall have the right to use all common properties. These rights and obligations shall be set forth as a condition of approval and shall be submitted to the approving authority prior to the granting of final approval. These documents shall contain a clause indicating the rights of the Borough to maintain common properties at the expense of the property owners as set forth in Subsections E and F below.
E.
The articles of incorporation, covenants, bylaws,
model deeds and other legal instruments shall ensure that control
of the organization shall be transferred to the members based on a
percentage of the dwelling units sold and/or occupied and shall clearly
indicate that in the event that such organization shall fail to maintain
the common open space or common property in reasonable order and condition,
the Borough Council may serve written notice upon such organization
or upon the owners of the development setting forth the manner in
which the organization has failed to maintain the common open space
or common property in reasonable condition. Said notice shall include
a demand that such deficiencies of maintenance be cured within 35
days thereof. In the event that the deficiencies are not cured within
35 days, a hearing shall be held on the matter by the Borough Council.
The Borough Council shall schedule the hearing after the expiration
of the thirty-five-day period. The notice of the hearing shall state
the date and place of a hearing thereon, which shall be held within
15 days of the notice. At such hearing, the designated Borough body
or officer, as the case may be, may modify the terms of the original
notice as to deficiencies and may give a reasonable extension of time,
not to exceed 65 days, within which the deficiencies shall be cured.
If the deficiencies set forth in the original notice or in the modification
thereof shall not be cured within said 35 days or any permitted extension
thereof, the Borough, in order to preserve the common open space and
common property and maintain the same for a period of one year, may
enter upon and maintain such land. Said entry and maintenance shall
not vest in the public any rights to use the common open space and
common property, except when and if the same might be voluntarily
dedicated to the public by the owners. Before the expiration of said
year, the Borough Council shall, upon its initiative or upon the request
of the organization theretofore responsible for the maintenance of
the common open space and common property, call a public hearing upon
15 days' written notice to such organization and the owners of the
development to be held by the Borough Council, at which hearing such
organization and the owners of the development shall show cause why
such maintenance by the Borough shall not, at the election of the
Borough Council, continue for a succeeding year. If the Borough Council
shall determine that such organization is ready and able to maintain
said open space and property in reasonable condition, the Borough
shall cease to maintain said open space and property at the end of
said year. If the Borough Council shall determine that such organization
is not ready and able to maintain said open space and property in
a reasonable condition, the Borough Council may, in its discretion,
continue to maintain said open space and property during the next
succeeding year, subject to a similar hearing and determination in
each year thereafter. The decision of the Borough Council in any such
case shall constitute a final administrative decision subject to judicial
review.
F.
The cost of any maintenance by the Borough shall be
assessed pro rata against the properties within the development that
have a right of enjoyment of the common open space and common property
in accordance with the assessed value at the time of imposition of
the lien and shall become a lien and tax on said properties and be
added to and be a part of the taxes to be levied and assessed thereon
and shall be enforced and collected with interest by the same officers
and in the same manner as other taxes.
A.
A landscaping plan prepared by a landscaping architect
shall accompany every major subdivision and site plan. Landscape plantings
shall be as listed on the document entitled “Recommended Trees
for Berlin Borough Streets and Recommended Plantings for Landscaped
Areas within Developments,” which is available through the Planning
and Zoning Department.
[Amended 5-4-2006 by Ord. No. 2006-6]
B.
All lot areas not covered by structures or paving
shall be seeded or sodded, or stabilized by other ground cover or
plantings as approved on the landscape plan.
C.
Requirements for planting in the buffer area.
(1)
A solid and continuous landscaped screen shall be
planted and maintained to conceal a parking and loading area, eliminate
the glare of vehicle lights throughout the year and camouflage nonresidential
building(s) from the abutting residential areas. The landscape screen
shall consist of evergreen trees, such as hemlock, Douglas fir, Norway
spruce, etc. Evergreen trees shall be planted in an area five to 20
feet from the residential line in a zigzag pattern and not more than
eight feet apart, except where otherwise authorized by the approving
authority. Evergreen trees shall not be less than five feet high when
planted and the lowest branches shall be not more than one foot above
the ground. In the event that the existing evergreen trees do not
cover the required area from the ground, said landscaping screen shall
be supplemented with evergreen shrubbery. Any plant material that
does not live beyond the period of the maintenance bond shall be replaced
by the developer.
(2)
In addition to the landscaped screen, shade trees,
such as sugar maples, scarlet oaks, pin oaks, willow oaks, Norway
maples, sweet gum, ash, etc., shall be planted by the applicant at
a distance of not more than 40 feet from each other.
(3)
The height of the landscaped screen shall be measured
in relation to the elevation of the edge of the parking and loading
area. Where the landscaped screen is lower than the elevation of the
adjacent area, either the required height of the screen shall be increased
equal to the difference in elevation, or the area to be screened shall
be moved.
(4)
If the buffer area includes existing growth of evergreen
and deciduous trees and shrubbery but not enough to provide a suitable
screen as required above, existing trees and shrubbery may be required
to be retained and shall be supplemented by additional evergreen plantings
to provide the required landscape screen.
D.
Parking and loading areas for apartment and townhouse developments and for commercial, office, industrial and other nonresidential uses shall be buffered from adjoining streets and single-family residential zoning districts in a manner meeting the objectives of § 335-77C, Buffers.
E.
Parking and loading areas shall be landscaped.
(1)
Trees shall be staggered and/or spaced inside the
parking lot and around the perimeter of the parking lot, but shall
be located so as not to interfere with driver vision, have no part
of branches lower than six feet above grade and be placed in the interior
of the parking lot at the rate of at least one tree for every 30 parking
spaces. All areas between the parking lot and the building shall be
landscaped with trees, shrubs and ground cover. Parking lots with
more than 50 spaces shall be screened from streets by buildings, landscaped
berms, natural ground elevation or plantings, singly or in combination.
The minimum height of a tree shall be 12 feet after planting. Any
plantings which do not live shall be replaced within one year or one
season. The minimum setback between streets and parking lots shall
be planted according to an approved landscape plan that shall include
deciduous shade trees spaced 40 feet on center.
(2)
The use of vegetated islands to disconnect impervious
areas is encouraged. Islands should have flush curb and be designed
in a way to allow the parking lot runoff to drain over them, thereby
promoting increased water quality and groundwater recharge. Landscaped
parking stall dividers and radius curbing at parking islands shall
have full reveal curb to protect the landscaped areas from traffic.
[Added 5-4-2006 by Ord. No. 2006-6[1]]
[1]
Editor’s Note: This ordinance also renumbered
former Subsection E(2) as E(3).
F.
The approving authority shall have the power to waive
any of the requirements or details specified above if it determines
an adequate buffer can be provided in less than 20 feet while maintaining
the purposes of this section. The approving authority, when considering
waiving any of the buffer requirements, shall review the proposed
plat and the standards and purposes of N.J.S.A. 40:55D-1 et seq. and,
to these ends, shall consider the location of buildings, parking areas,
outdoor illumination and other features such as topography; trees;
streams; the efficiency, adequacy and safety of the proposed layout
of driveways, streets, sidewalks and paths; the adequacy and location
of existing green areas and buffer areas; the adequacy and location
of screening and parking areas; structures and uses; and such other
matters as may be found to have a material bearing on these standards
and objectives.
G.
Buffer areas, parking and loading areas, and other
green areas shall use attractive low-maintenance native vegetation,
which requires less fertilizing and watering, or landscaping stones.
Planting areas and green areas shall also be used, where feasible,
to disconnect impervious areas for the purpose of providing increased
water quality benefits.
[Added 5-4-2006 by Ord. No. 2006-6]
H.
All plans for landscape areas shall address postconstruction
restoration and maintenance. Maintenance shall include, but not be
limited to, an inspection schedule, weeding, and/or mowing.
[Added 5-4-2006 by Ord. No. 2006-6]
All area lighting shall provide translucent
fixtures with shields around the light source that will provide a
cutoff of the light at the property line. The light intensity provided
at ground level in parking lots shall average a maximum of 2.0 footcandles
over the entire area. Spillover across residential property lines
shall not exceed 0.25 footcandle. For each fixture and lighted sign,
the total quantity of light radiated above a horizontal plane passing
through the light source shall not exceed 7.5% of the total quantity
of light emitted from the light source. All outdoor lighting shall
be shown on the site plan in sufficient detail to allow determination
of the effects at the property line and on nearby streets, driveways,
residences and overhead sky glow. No lighting source (the bulb) shall
be a nuisance by shining directly into or reflecting into windows
or onto streets and driveways where the light may interfere with driver
vision. Light fixtures shall be of a type that cut off the light at
defined limits so as to control off-site effects, minimize nuisances
or safety hazards for drivers or similar purposes. No lighting shall
be of a yellow, red, green or blue beam nor be a rotating, pulsating
or other intermittent frequency. The intensity of light and the shielding,
direction and reflection of lighting and similar characteristics shall
be subject to site plan approval by the approving authority. The objective
is to minimize undesirable off-site effects and avoid unsafe lighting
and nuisances from lighting. Wherever possible, signs such as traffic
directional and other on-site signs shall be lettered with reflecting
paint or other reflecting material in order to eliminate the need
to consume electrical energy and at the same time reduce the potential
for glare and light nuisances.
See definitions of "yards." For other requirements and corner lots, see § 335-77H, Lots.
A.
Each lot shall abut a paved public street. Insofar
as is practical, side lot lines shall be either at right angles or
radial to street lines. Extreme deviations from rectangular lot shapes
and straight lot lines shall not be allowed unless made necessary
by special topographical conditions or other special conditions acknowledged
and approved by the approving authority.
B.
Through lots with frontage on two streets are permitted,
provided that:
(1)
The length of the lot between both streets is such
that future division of the lot into two lots is improbable.
(2)
Driveway access shall be to the street with the lower
traffic function with the portion abutting the other street clearly
labeled on the plat and, in any deed, that street access is prohibited.
C.
Extra width for street widening in accordance with an adopted Master Plan or Official Map shall either be dedicated or, if not dedicated, be anticipated by increasing the setback and lot size of each abutting lot in anticipation of future right-of-way acquisition. (See § 335-77H, Lots).
D.
Whenever land is dedicated to the Borough in order
to meet the minimum street width requirements or to implement the
Official Map or Master Plan, and the lot existed on the effective
date of this chapter, the Construction Official shall not withhold
a construction and/or occupancy permit when one or more lot dimensions
and/or area might have been rendered substandard due to such dedication
and the owner has no adjacent lands to meet the minimum requirements.
E.
Lots shall be required to have such additional area
or dimensions as may be necessary to assure meeting the minimum lot
area as well as the minimum front, side and rear yards all located
in contiguous areas as identified in the definitions of "lots" and
"yards" in order to assure the suitability of the lot for its intended
purpose.
See § 335-36, Cluster development and lot size averaging.
[Amended 12-27-2012 by Ord. No. 2012-20]
A.
Purpose. The purpose of this section is to assist in the implementation
of the Housing Element and Fair Share Plan of the Borough of Berlin
in meeting its constitutional obligation to provide the realistic
opportunity for low- and moderate-income housing.
B.
Required participation; percentages of lower-income housing.
(1)
Whenever a specific site is identified for inclusionary development
in the Housing Element of the Master Plan, the Zoning Map shall be
so amended to notate that the construction of lower-income housing
is a requirement of any residential development. Each site so selected
in the Master Plan has been subsequently rezoned following adoption
of the Housing Element from a lower intensity of development to a
higher density in order to provide a sufficient incentive to develop
lower-income housing as a percentage of the total number of dwellings
constructed.
(2)
Residential zones without an inclusionary component. In any residential development that does not contain lower-income dwellings, the developer shall pay a development fee in accordance with Chapter 193, Affordable Housing.
(3)
For-sale housing. The minimum percentage of lower-income dwellings
for sale within an inclusionary development shall be at least 20%
of the total number of dwellings constructed.
(4)
Rental housing. The minimum percentage of lower-income dwellings
for rent within an inclusionary development shall be at least 15%
of the total number of dwellings constructed.
C.
(Reserved)
D.
(Reserved)
Monuments shall be the size and shape required
by N.J.S.A. 46:23-9.9 et seq. (the Map Filing Law, as amended)[1] and shall be placed in accordance with said statute and
indicated on the final plat. All lot corners shall be permanently
marked with a metal alloy pin capable of being detected by a metal
detector.
[1]
Editor's Note: N.J.S.A. 46:23-9.7 through 46:23-9.16 was repealed
by L.2011, c. 217, § 2, effective 6-1-2012. See now N.J.S.A.
46:26B-1 et seq.
[Amended 5-4-2006 by Ord. No. 2006-6]
A.
Wooded areas and specimen trees. In areas proposed for new development, care shall be taken to preserve wooded areas, selected specimen trees and trees greater than twelve-inch caliper. All tree clearing shall be limited to a critical area of 20 feet beyond the driveway and building footprint. (See also § 335-60, Shade trees, and § 335-63, Soil erosion and sediment control.)
B.
In areas of proposed new development including individual
residential lots, the proposed grading shall generally conform to
the existing surrounding areas. Development shall not adversely affect
adjacent properties or sensitive areas and features on the site. If
the Borough Engineer determines that excessive filling is proposed,
the permit application will be referred to the Planning Board and
the applicant shall apply for a design waiver.
A.
Before the final approval of a major subdivision or
major site plan, the approving authority shall require, in accordance
with the standards of the Borough's land development regulations,
the Borough Master Plan land use, circulation, utility service or
recreation plan elements, the Borough Official Map or Borough redevelopment
plan, the payment of the developer's pro rata share of any or all
of the following off-site and off-tract improvements which are necessary
or appropriate for the protection of the public interest by reason
of the development's impact on property beyond the boundaries of the
developer's property: street improvements, water systems, sewerage,
drainage facilities, and recreation facilities and any easements and
appurtenances associated with said improvements. The pro rata share
for off-site and off-tract improvements shall be determined as follows:
[Amended 4-23-2003 by Ord. No. 2003:4]
(1)
Street improvements. The pro rata share for street
improvements shall be calculated as the proportionate share of the
street improvements required as a result of the trip generation attributable
to the development as determined by a traffic impact study prepared
by a licensed professional traffic engineer.
(2)
Water systems. The pro rata share for water system
improvements shall be calculated as the proportionate share of the
water supply demand attributable to the development in accordance
with water allocation standards of the New Jersey Department of Environmental
Protection.
(3)
Sewerage. The pro rata share for sewerage shall be
calculated as the proportionate share of the sewage flows attributable
to the development in accordance with the standards for wastewater
treatment of the New Jersey Department of Environmental Protection
for the use or uses proposed by the development.
(4)
Drainage. The pro rata share for drainage system improvements
shall be calculated as the proportionate share of off-site or off-tract
drainage system improvements attributable to the development in accordance
with the drainage calculations determining the off-site and off-tract
drainage impacts of the project.
(5)
Recreation.
(a)
The pro rata share for recreation facilities
shall be calculated in accordance with the following schedule:
|
Unit of Development
|
Per Unit Cost
| |
|---|---|---|
|
Single-family detached dwellings
|
$750.00 per dwelling unit
| |
|
Single-family attached dwellings
|
$500.00 per dwelling unit
| |
|
Multifamily dwellings
|
$300.00 per dwelling unit
| |
|
Age-restricted dwellings
|
$250.00 per dwelling unit
| |
|
Nonresidential development
|
$1.25 per square foot of gross floor area
|
(b)
In lieu of payment for all or part of the development's
pro rata share of Borough recreation facilities, the developer may
elect to construct recreational facilities of equal value as part
of the development or an off-tract site within the Borough subject
to the review and approval of the appropriate Borough authorities.
(c)
Payment of the contribution required pursuant
hereto shall be made prior to the signing of the final plans by the
Planning Board Chairman, Planning Board Secretary, or the Borough
Clerk and shall be equal to the proportionate share attributable to
the section of the development shown on said final plans.
B.
Essential off-site and off-tract improvements. The
approving authority may require the developer to install the following
essential improvements or furnish a performance guaranty in lieu thereof,
with the total cost of the necessary improvements borne by the developer:
(1)
The developer shall acquire land and/or easements,
improve and dedicate public street access that connect to existing
improved public street(s) and shall arrange for water and sanitary
sewer connections, all designed and constructed to meet the required
specifications.
(2)
Where a development creates a demand for water supply
and/or sewage treatment beyond the capacity of the present facilities
and causes the need for new or expanded water lines, well, pump, storage
tank for water supply, sewage collection system and/or other ancillary
equipment, the developer shall acquire land for, improve and dedicate
such water and sewer facilities, all as approved by the approving
authority, governing body and serving utility company.
(3)
Stormwater diverted into inadequate off-site and off-tract
drainage or stormwater systems shall be extended, enlarged or additional
drainage facilities shall be created off-site or off-tract and dedicated
to the Borough as approved by the approving authority and the county
or local governing body, as appropriate.
(4)
The manner of guaranteeing off-site and off-tract
improvements and their dedication to the Borough or some other public
entity shall be subject to the approval of the Borough Attorney as
to form. In lieu of the developer's performing such off-site and off-tract
work, the developer and the governing body may enter into an agreement
for such work to be performed by the Borough, its contractors or the
associated utility at the expense of the developer. The provisions
of this subsection shall be applicable only upon the request and with
the consent of the developer.
(5)
Where the approving authority determines that certain
off-site and off-tract improvements are essential to the development
so that the development cannot proceed without them being completed
as part of the development but the developer does not request and
consent as set forth above, the application shall be denied without
prejudice to a future application when changed conditions no longer
make the off-site and off-tract improvements essential.
C.
Advisable off-site and off-tract improvements. Where
the approving authority finds that off-site and off-tract improvements
would be advisable to promote the objectives of this chapter, and
the improvements can be most appropriately accomplished in connection
with the development, particularly where they would be a local improvement
by the Borough with the costs assessed against all properties specially
benefited thereby, including the property of the developer, then the
following provisions shall apply:
(1)
The approving authority shall refer its recommendations
on the matter of off-site and off-tract improvements to the governing
body prior to taking action on the preliminary plat.
(2)
If the governing body agrees the matters should be
considered, the Borough Engineer shall determine the nature of the
off-site and off-tract improvements required in the area, including:
(3)
The Borough Engineer shall estimate the costs of such
work, including all costs which would be in any Borough improvement
ordinance, including costs for construction, engineering, any easement
or right-of-way acquisition, legal work, advertising, contingencies,
bonding and assessments.
(4)
The Borough Engineer shall estimate the amount the
applicant's development would be expected to be assessed under local
improvement procedures pursuant to N.J.S.A. 40:56-21 et seq., as amended.
(5)
The Borough Engineer shall file a report with the
governing body outlining the entire project with the estimated total
costs and the developer's share.
(6)
Based upon the Borough Engineer's report and the recommendations
of the approving authority, the governing body shall determine whether
to undertake some or all of the improvements as a local improvement,
the cost of which will be specially assessed against properties benefited
thereby in proportion to and not in excess of the benefits received
pursuant to Chapter 56 of Title 40 of the Revised Statutes of New
Jersey.
(7)
If the governing body does not adopt a local improvement
ordinance for said project(s), the applicant's development shall be
designed accordingly and the approving authority shall base its further
proceedings upon such determination.
(8)
If the governing body adopts a local improvement ordinance,
it shall proceed as follows:
(a)
If sufficient funds are available for the initial
appropriation required for said ordinance, the governing body may
appropriate such funds and adopt such ordinance. All subsequent proceedings
for making and assessing costs shall be in accordance with the ordinance.
(b)
If sufficient funds are not available for the
initial appropriation required for said ordinance, the governing body
may determine the anticipated amount the applicant would be assessed
based on the reports and testimony presented to it.
[1]
The amount determined by the governing body
shall be deposited by the applicant with the Borough Treasurer prior
to final approval of the development and prior to introduction of
the local improvement ordinance.
[2]
The deposit shall be made concurrent with the
execution of an agreement between the applicant and the Borough concerning
the uses of the deposit which shall include the following:
[a]
Said funds shall be used by the
Borough solely for the construction of the improvements, expenses
incidental thereto and the acquisition of any related easements or
rights-of-way.
[b]
Such deposit may be appropriated
and commingled with other funds of the Borough and expended by the
Borough in connection with such purposes.
[c]
If the deposit is not used by the
Borough within the time specified in the agreement with the applicant,
said funds shall be returned to the applicant.
[d]
Upon completion of the work by
the Borough or its contractor, the properties specially benefited
thereby shall be assessed as provided by law, including the property
of the applicant.
[e]
The applicant's deposit shall be
credited against the assessment made upon applicant's property (whether
or not applicant is then the owner thereof), and if such deposit is
less than the amount assessed, the then-owner(s) of said property
shall pay the difference, or if the deposit exceeds the amount assessed,
the excess shall be refunded to the applicant without interest.
[3]
Where off-site and off-tract improvements are
found by the approving authority to be important to the sound development
of the site, even though they may not be essential improvements, and
the governing body determined to proceed with a local improvement
ordinance, but the developer is unwilling to make the required deposit,
then there shall be no final approval of the development until funds
become available for the initial appropriation that is required to
adopt the local improvement ordinance.
(9)
The governing body shall decide to adopt, or not adopt,
a local improvement ordinance within 30 days after the referral and
recommendation of the approving authority unless such time shall be
extended by the consent of the applicants. If no determination is
made within the allotted time, the approving authority may proceed
as if the governing body had determined not to adopt a local improvement
ordinance.
D.
All off-site and off-tract improvements shall conform
to the same design and performance standards as the on-tract improvements.
[Added 5-4-2006 by Ord. No. 2006-6]
See also § 335-77J.
B.
Access to parking and loading spaces. Individual parking
and loading spaces shall be served by on-site aisles or driveways
to permit each motor vehicle to proceed to and from each space without
moving another vehicle. No parking or loading space shall have direct
access to or from a major driveway or aisle. Where the angle of parking
is different on both sides of the aisle, the wider aisle width shall
be required. Intersecting driveways, aisles and access drives shall
be as nearly at right angles as possible but in no case less than
75º. Intersecting driveways, aisles and access drives on-site
shall be set back a minimum of 50 feet from a public street right-of-way
if the intersection is a four-way intersection and a minimum of 20
feet if the intersection is a T-intersection.
D.
Curbing. Off-street parking areas containing six or
more spaces and all off-street loading areas shall be curbed. Curbing
installed at crosswalks and bikeways shall have barrier-free curb
ramps constructed in accordance with the Design Standards for Curb
Ramps for the Physically Handicapped of the New Jersey Department
of Transportation. The use of flush curbs that allow overland flow
to vegetated swales or landscaped areas is encouraged. In areas where
parking stalls are perpendicular to flush curb, anchored wheelstops
shall be installed. Landscaped parking stall dividers and radius curbing
at parking islands shall have full reveal curb to protect the landscaped
areas from traffic.
[Amended 5-4-2006 by Ord. No. 2006-6]
E.
Dimensions.
(1)
Off-street parking spaces shall be nine feet wide,
except that in retail commercial use the space shall be either 10
feet wide or be nine feet wide and be delineated by double-lined,
hairpin striping. Parking spaces shall be a minimum 18 feet in length,
except around the perimeter of a parking lot, or where parking spaces
face a sidewalk or other open space, they may be paved 16.5 feet in
length, provided that there is a curb at the end of the parking space
and at least 1.5 feet of open space beyond the curb to allow for the
overhang of the vehicle. Said area for vehicle overhang shall not
overhang the minimum width of a sidewalk nor shall it be planted with
anything other than grass or low ground cover in order to assure the
space for the vehicle overhang. Parking for the handicapped shall
be provided in number, design and location as required by the requirements
of the American Disability Act. These wider spaces shall be located
in areas conveniently related to major entrances to buildings, located
so that access does not require wheeling or walking behind parked
cars, and be designated as parking for the handicapped.
|
Aisle Widths for Parking Spaces
| |||
|---|---|---|---|
|
Angle of Parking Space
|
One-Way
(feet)
|
Two-Way
(feet)
| |
|
90º
|
24
|
24
| |
|
60º
|
20
|
22
| |
|
45º or fewer
|
18
|
20
| |
|
Parallel
|
12
|
18
| |
(2)
Off-street loading spaces where tractor-trailers can
be expected shall have 14 feet of vertical clearance, be at least
60 feet in length and be 12 feet in width. Other loading spaces where
there is no possibility of any tractor-trailer deliveries shall have
spaces at least 20 feet in length and 10 feet in width. All loading
spaces shall be separate from and in addition to off-street parking
spaces and shall be clearly signed and have an area adjacent to the
loading space for access and maneuvering that is sufficient to assure
that vehicle maneuvering is done off public street(s), away from interior
private streets and does not interfere with the traffic circulation
system associated with the parking lot. No loading space shall be
designed so a parked vehicle extends into a public street or on-site
private street, aisle or driveway.
F.
Drainage. All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice as approved by the Borough Engineer and in accordance with the drainage provisions in § 335-39, Drainage. Where subbase conditions are wet, springy or of such nature that surfacing would be inadvisable without first treating the subbase, soil borings shall be taken and these areas shall be excavated to a depth of at least six to 12 inches below the proposed subgrade and filled with a suitable subbase material as determined by the Borough Engineer. Where required by the Engineer, a system of porous pipe subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material shall be applied.
G.
Surfacing. All parking and loading areas shall be
paved. Surfacing shall be approved as part of the plan and be not
less than four inches of compacted base course of plant-mixed bituminous
stabilized base course constructed in layers not more than two-inches
compacted thickness, or equivalent, and a minimum two-inch-thick compacted
wearing surface of hot mix asphalt, or equivalent. All shall be constructed
in accordance with the Standard Specifications of the New Jersey Department
of Transportation. Where heavy traffic can be anticipated, a separate
paving cross section shall be submitted and approved as part of the
plat approval. To provide increased groundwater recharge, the use
of pervious paving materials is encouraged, especially in overflow-parking
areas. The stormwater runoff calculations will treat pervious paving
areas as impervious.
[Amended 5-4-2006 by Ord. No. 2006-6]
All permitted uses and accessory activities
shall be confined within completely enclosed buildings with the exception
of off-street parking, loading and delivery areas, accessory fuel
storage, parking for vehicles and construction equipment and the outdoor
storage of lumber and building supplies. Visible storage of any kind
shall not be permitted on the premises in any residential district.
A.
Electricity. Electrical equipment shall be shielded
so there is no interference with any radio or television reception
beyond the operator's property. Electric transmission lines between
substations and other major equipment within the utility company's
power grid, as opposed to service lines to individual homes and consumers,
shall be located and/or configured to minimize electric and magnetic
fields upon neighboring homes and businesses having concentrations
of people. New developments shall be set back from transmission lines
as set forth in the zoning regulations.
B.
Glare and vibration. No use shall direct or reflect a steady or flashing light or an impact or steady vibration that is detectable beyond its lot lines. Where such conditions might exist on site, proper shielding shall be provided, such as but not limited to fixtures designed to cut off the light at certain limits, berms, vegetative screens, walls, fences or locating a businesses light-generating operation inside a building. Exterior lighting and any lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light, flashes or reflection will not interfere with the normal use of nearby properties, dwelling units and streets. Also, see § 335-46, Lighting.
C.
Air, water and environmental pollution. No use shall
emit heat, odor, fumes, smoke, dust, vibrations, noise or any other
pollutant into the ground water or air that exceeds the most stringent
applicable state and federal regulation. No construction permit or
certificate of occupancy shall be issued for any use where a state
permit is required until the state has ascertained and approved the
level of emission, quality of emission, type and quality of emission
control, level of monitoring to be conducted by the state and such
other state regulations governing the emission of pollutants into
the ground, water or air.
D.
Storage and waste disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they can be transferred off the lot, or into the ground, directly or indirectly, by natural forces such as precipitation, surface water, evaporation or wind. All materials or wastes which might create a pollutant, be a safety hazard or be a health hazard shall be stored indoors and/or be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property, except under conditions approved by the Fire Department. Liquid wastes and effluents shall be discharged into an approved existing sewage treatment plant in accordance with that plant's regulations, or such industrial use shall treat its own wastes and effluents in a treatment plant or process which is in compliance with the state statutes and with the requirements of the State Department of Health and § 261-18, Permit required; application requirements, of the Code of the Borough of Berlin.
E.
Hazardous/toxic materials. The applicant shall provide the data required in § 335-30B(2)(b) and shall incorporate in the site plan the appropriate means for handling, storage, cleanup and emergency responses consistent with the type and amount of hazardous and/or toxic materials to be on site and any approvals required of NJDEP or other regulatory agencies.
F.
Microwave transmissions. Microwave transmission devices
shall be located, angled, shielded, elevated or otherwise positioned
so persons cannot intercept and interfere with the transmission signal.
In the case of a proposed development which
contemplates construction over a period of years, a phasing plan shall
be approved as part of the preliminary subdivision and/or preliminary
site plan application. The phasing plan shall divide the development
into logical sections and be approved with such terms and conditions
that will protect the interests of the public and of the residents,
occupants and owners of the proposed development. Each phase or section
shall be located and designed to function as if no further development
will occur with respect to a safe and convenient circulation system,
stormwater control, utility services, fire hydrants, the required
number of low- and moderate-income housing or cash contributions (if
applicable) and off-site/off-tract improvements (if any).
A.
All public services shall be connected to approved
public utilities' systems and shall be adequate to handle all present
and probable future development.
B.
The developer shall arrange with each servicing utility
for the underground installation of electric, telephone and cable
television distribution supply lines and service connections in accordance
with the provisions of the applicable standard terms and conditions
incorporated as a part of its tariff as the same are then on file
with the State of New Jersey Board of Regulatory Commissioners. In
the event that existing overhead distribution lines are moved, they
shall be installed underground. Electric distribution lines are distinguished
from electric transmission lines (see definitions).[1]
C.
Subdivisions of three or more lots or developments
resulting in more than 15,000 square feet of new floor area, which
abut existing overhead electric, telephone or cable television distribution
supply lines may be served from the overhead lines, but the service
connections from these overhead lines shall be placed underground.
In the event that the existing overhead lines are required to be relocated,
the relocated portion of the lines shall be placed underground.
D.
Where existing year-round screening of a utility apparatus
appearing above ground is not adequate, other than utility poles,
the applicant shall provide sufficient live screening and fencing
to conceal the apparatus year round.
A.
In any nonresidential development there shall be either
an indoor or outdoor area for the collection and storage of recyclable
materials and other solid wastes. The dimensions of this area shall
be sufficient to accommodate recycling bins or containers of adequate
size and number to be consistent with the anticipated usage and the
methods of collection in the Borough.
B.
The recycling area shall be conveniently located.
Each recycling site should be near but clearly identified and separated
from the area intended for the collection of solid waste.
C.
All collection areas shall be well lit for convenience
and safety and shall be designed and sized to accommodate collection
vehicles. Collection vehicles shall be able to access the collection
areas without interference from parked vehicles or other obstacles.
Reasonable measures shall be taken to protect all collection areas,
bins and containers against theft.
D.
The collection areas, bins and containers shall be
designed to provide protection from the weather and avoid having material
blow around the site. Any bins or containers used for recyclable paper
or cardboard shall be equipped with a lid or be indoors or otherwise
covered so as to keep the paper and cardboard dry.
E.
Signs identifying the materials to be accepted shall
be posted adjacent to the recycling area. Individual bins or containers
shall be marked to indicate the materials to be placed in them. The
area designated for the collection of all other solid waste shall
have a separate sign.
F.
Landscaping and/or fencing shall be provided around
all collection areas.
A.
The developer shall provide the necessary facilities
required by the Camden County Municipal Utilities Authority to connect
each use to the Borough of Berlin sewage collection system.
B.
If any part of the collection system must be installed outside streets or other existing public rights-of-way, the developer shall provide the necessary rights-of-way or easements (see § 335-41, Easements).
C.
Sanitary sewer pipe shall be sized for full flow from
the tract. The Borough Engineer may require larger pipe, sized to
accommodate future extensions.
D.
Minimum grades at terminal runs of all sanitary sewer
lines shall be 7%.
E.
Manholes shall be placed at every point where the
sanitary sewer line changes direction. In no instance shall the spacing
exceed 300 feet.
F.
Prior to final approval, the Borough Engineer shall
inspect and, in writing, approve all sanitary sewer designs which
will become a part of the Borough facilities.
G.
Materials.
(1)
Cast-iron pipe and fittings. Cast-iron pipe shall
be centrifugally cast, cement-lined and shall conform to the requirements
of the American Standards Association Specifications, as amended.
In general, cast-iron pipe shall be thickness Class 22 for nominal
pipe diameters of 12 inches and less and Class B for sizes 14 inches
and greater. Cast-iron saddles shall be subject to the approval of
the Borough Engineer.
(2)
Polyvinyl chloride pipe (PVC pipe). Polyvinyl chloride
pipe (PVC pipe) shall conform to the requirements of ASTM D 3034 for
sizes $" to 15" and to ASTM F 679 with minimum wall thickness T-1
for sizes 18" to 27". PVC fittings shall conform to ASTM F 1336. Wall
thickness shall be SDR 35 unless otherwise indicated.
(3)
Ductile iron pipe. Ductile iron shall conform to AWWA
Class 50 with bitumastic lining. Pipe shall not be cement-lined.
(4)
Concrete. Any concrete required for cradles, pads,
drop connections at manholes and any other miscellaneous items shall
be 4,000 pounds per square inch conforming to the requirements set
forth elsewhere herein.
H.
Methods of construction.
(1)
Excavation and backfill shall conform to the requirements set forth for subsurface structure excavation in § 335-39I. The contractor shall provide adequate equipment and so operate it as to maintain an essentially dry excavation, stable trench bottom, suitable working conditions and protection from water damage throughout and until the completion of the work.
(2)
Pipes shall be laid in straight lines between manholes,
except when otherwise specifically provided or directed by the Engineer.
When deviation from a straight line is permitted, the deflection of
each joint shall not exceed the manufacturer's recommended maximum
for the type of joint and size of pipe being installed. All pipe shall
be laid to uniform grades between manholes.
(3)
Before making each joint, the end of the pipes and
all joint members shall be thoroughly cleaned. All jointing shall
be done in strict accordance with the manufacturer's recommendations
and directions of the Engineer.
(4)
No defective or leaking pipe, fittings, joints, connections,
manholes or other parts of the work shall be acceptable. All visible
leakage of any description, no matter where located, shall be corrected
by the contractor in a manner satisfactory to the Engineer, whether
or not the total leakage into the sewer is within the allowable maximum
as determined by infiltration tests. Internal inspection by the Television
Inspection Unit shall be made after heavy construction traffic has
ceased and before top course of paving is installed.
(5)
Infiltration tests shall be made when and as directed
by the Engineer, and no connections to the flowing lines shall be
made until the testing is complete and satisfactory results have been
obtained. The contractor shall furnish all labor, material and equipment
necessary for the infiltration tests.
(6)
No section of sanitary sewer between adjacent manholes
will be considered satisfactory or acceptable when the rate of infiltration
there into exceeds 50 gallons per inch of internal diameter per mile
of sewer per day, and no section of sanitary sewer one mile or more
in length will be considered satisfactory or acceptable when the rate
of infiltration there into exceeds 1/2 of the above-specified rate.
Leakage in excess of the above shall be located and corrected by the
contractor. Where deemed necessary by the Borough Engineer, exfiltration
tests by use of air or water may be required in lieu of infiltration
tests.
(7)
Y-branches and service laterals which are not to be
immediately connected to flowing lines shall be securely plugged with
an approved type of plug which will provide a permanently watertight
seal.
(8)
The contractor shall accurately record the station
of each Y-branch placed and direction of the "wye." He shall also
show the location of each Y-branch on his copy of the plans and permanently
mark each location with a crosscut on the curb or a hub stake driven
at the curbline. Tie measurements to three permanent features or structures
shall be provided.
(9)
Drop connections at manholes and concrete pads at
service risers shall be constructed as shown on the detail sheet of
the plans and at the locations shown on the plans or as directed by
the Engineer. All concrete work shall conform to the requirements
as set elsewhere herein.
(10)
When so required by the Engineer, the contractor
shall flush such newly completed sewers as may be designated by the
Engineer in order to remove any foreign matter which may have accumulated
therein during construction. The contractor shall furnish all labor,
material, equipment and water necessary for flushing and shall provide
for the disposal of water used for flushing.
I.
Pumping stations. The following are the minimum standards
that are required for the sanitary sewer pumping stations that are
to be dedicated to the Borough:
(1)
All pump stations are to have submersible pumps with
a separate valve vault.
(2)
A source of backup energy shall be supplied for the
event of a power failure.
(3)
An alarm system compatible with the Borough's current
alarm system is to be supplied.
(4)
The pump station is to be screened from the surrounding
neighborhood with a fence and appropriate live plantings.
A.
All shade trees to be planted shall have a minimum
diameter of three inches measured at breast height above the ground
and shall be as listed on the document entitled “Recommended
Trees for Berlin Borough Streets and Recommended Plantings for Landscaped
Areas within Developments,” which is available through the Planning
and Zoning Department. Trees shall be planted at a distance of not
more than 40 feet from each other and parallel to and at a distance
of 12.5 feet from the curbline or edge of pavement and shall be balled
and burlapped, nursery-grown, free from insects and disease and true
to species and variety. Stripping trees from a lot or filling soil
around trees on a lot shall not be permitted unless it can be shown
that grading requirements necessitate removal of trees. Dead or dying
trees shall be removed and dead limbs trimmed by the developer prior
to the issuance of a certificate of occupancy.
[Amended 5-4-2006 by Ord. No. 2006-6]
B.
Shade tree easement. An exclusive shade tree easement
dedicated to the Borough shall be recorded on the subdivision deed
or the final subdivision plat. The easement shall be five feet wide
along all streets. The deed or final plat shall contain a statement
that provides for the planting of shade trees within the easement
at a distance of not more than 40 feet from each other along the right-of-way,
that the trees shall be the property of the Borough of Berlin and
that the property owner is prohibited from relocating or purposefully
causing damage to or trimming the trees other than routine maintenance.
Routine maintenance shall be the responsibility of the property owner
and shall commence once the developer’s maintenance period has
been completed. The statement shall further state that no other easement(s)
shall be allowed in the same area.
[Amended 5-4-2006 by Ord. No. 2006-6]
C.
Guaranties. The developer shall guarantee that each
tree shall fully survive for two years after it is planted. Upon request
for release of the performance guaranty, the Borough Engineer shall
inspect the shade trees and shall require that the dead or dying trees
be replaced unless the developer can prove that the tree(s) was planted
over two years prior to the inspection and that it was alive and not
dying two years after it was planted. No maintenance guaranty shall
be required for those trees planted and surviving prior to two years
from the posting of the maintenance guaranty.
[Amended 12-14-2017 by Ord. No. 2017-15]
Sidewalks shall be installed along both sides of all residential streets and in other locations determined by the approving authority to be in the interest of public safety and proper pedestrian circulation considering the probable volume of pedestrian traffic, the adjoining street classification, school bus stops, recreation areas, schools, retail centers, jobs and the general type of improvement intended. Where required, sidewalks shall be at least four feet wide but may be increased to six feet, eight feet or 10 feet as concentrations of pedestrian activity can be expected to increase. Concrete sidewalks shall be constructed in accordance with § 335-38C and D. If constructed of brick, sidewalks shall have a two-inch base of crushed stone, two inches of Class B concrete as required above, and paver brick at least one inch in thickness. Where any sidewalk crosses curbs, curb ramps shall be provided as outlined in § 335-38, Curbs and gutters. Preformed expansion joint material shall be placed on concrete sidewalks at maximum twenty-foot intervals and where sidewalks abut either curbing or a structure. Sidewalks shall be required in all zones within the Borough of Berlin, if none exist, when any improvements are proposed for a lot in said zones.
A.
Sight triangles shall be required at each quadrant
of an intersection of streets and at intersections of streets and
driveways. The area within sight triangles shall be either dedicated
as part of the street right-of-way or maintained as part of the lot
adjoining the street and set aside on any subdivision or site plan
as a sight triangle easement. Within a sight triangle, no grading,
planting or structure shall be erected or maintained more than three
feet above curb level or lower than eight feet above the same curb
level, excluding street name signs and official traffic regulation
signs. Where any street or driveway intersection involves earth banks
or vegetation, including trees, the developer shall trim such vegetation
and trees as well as establish proper excavation and grading to provide
the sight triangle.
B.
Sight triangle dimensions.
(1)
Sight triangle easements shall be in addition to the
specified rights-of-way widths and are areas in which no grading,
planting or structure shall be erected or maintained in such a manner
as to obscure the vision above the height of 3.5 feet and below 10
feet, except for street signs, fire hydrants and light standards.
(2)
The "sight triangle" is defined as that area outside
the street right-of-way which is bounded by the intersecting street
lines and the straight line connecting sight points, one each located
on the two intersecting street center lines: arterial streets at 300
feet, collector streets at 200 feet and local streets and driveways
at 90 feet. Such easement dedication shall be expressed on the plat
as follows: "Sight triangle easement subject to grading, planting
and construction restrictions and deeded for the purposes provided
for and expressed in the Zoning Ordinance of Berlin Borough."
(3)
In addition to the sight triangle easement(s), the
applicant shall demonstrate a safe sight distance for the stopped
vehicle at all driveway entrances or intersections. Safe sight distances
shall be in accordance with either New Jersey Department of Transportation
or American Association of State Highway and Transportation Officials
(AASHTO) standards for a vehicle turning left or right without being
overtaken by a vehicle traveling in the same direction. Measurement
shall be from a point 10 feet behind the proposed edge of pavement
or curbline and shall assume an eye height of 3.5 feet and an abject
height of 4.25 feet. Vehicle speed shall be five miles per hour above
the posted speed. The following safe sight distance shall apply to
ninety-degree intersections:
|
Through Street Posted Speed
(mph)
|
Safe Sight Distance
(feet)
| ||
|---|---|---|---|
|
25
|
350
| ||
|
30
|
500
| ||
|
35
|
650
| ||
|
40
|
830
| ||
|
45
|
1,020
| ||
|
50
|
1,240
|
C.
Any proposed development requiring site plan approval
shall provide sight triangle easements at each driveway with the driveway
classified as a local street for purposes of establishing distances.
The classifications of existing and proposed streets shall be those
shown on the adopted Master Plan or as designated by the approving
authority at the time of the application for approval for a new street
not included on the Master Plan. A sight triangle easement dedication
shall be expressed on the plat as follows: "Sight triangle easement
subject to grading, planting and construction restrictions as provided
for in the Berlin Zoning Ordinance." Portions of a lot set aside for
the sight triangle may be calculated in determining the lot area and
may be included in establishing the minimum setbacks required by the
zoning provisions.
All site plans and major subdivisions shall
incorporate soil erosion and sediment control programs consistent
with and approved by the Soil Conservation District.
[Amended 5-4-2006 by Ord. No. 2006-6]
See also § 335-39, Drainage.
A.
General.
(1)
The Storm Water Management Act, P.L. 1981, c. 32,[1] which amends and supplements the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq., at N.J.S.A. 40:55D-4, 40:55D-6 and 40:55D-93
et seq., requires municipalities to prepare and adopt a stormwater
management plan and implementing ordinance.
[1]
Editor's Note: See N.J.S.A. 40:55D-93 et seq.
(2)
It is hereby determined that water bodies, roadways,
structures and other property within the Borough are at times subject
to flooding and that flooding is a danger to lives, property and natural
resources. Development tends to accentuate flooding by increasing
the rate of stormwater runoff which may contribute increased quantities
of waterborne pollutants and channel erosion. Increased runoff, erosion
and pollution constitute deterioration of the water resources which
can be controlled to some extent by the regulation of stormwater runoff.
It is, therefore, in the public interest to regulate additional discharge
of stormwater runoff from developments as provided in this chapter.
(3)
In order to minimize the impact of stormwater from
new developments, all new developments shall incorporate on-site stormwater
facilities that comply with the residential site improvement standards
promulgated at N.J.A.C. 5:21-7.1 through 5:21-7.6, as amended.
(4)
All subdivisions and site plans shall be designed
to take advantage of the natural drainage features of the land. In
considering an application for development, the approving authority
shall use the following criteria:
(a)
Utilize, improve and maintain the natural drainage
system to the extent possible.
(b)
When drainage channels are required, wide, shallow
swales with natural vegetation will be preferred over other types
of channels.
(c)
Construct flow-retarding devices, detention
areas and recharge berms to minimize runoff.
(d)
Maintain the base flows in streams, reservoirs
and ponds.
(e)
Minimize interference with natural grading and
drainage patterns and preserve existing and proposed vegetation on
the site.
(5)
The best available technology shall be employed in
all instances including measures such as porous paving and piping,
contour terraces, swales and other techniques designed to provide
necessary control of stormwater runoff.
(6)
The construction of any facility shall be designed
to minimize maintenance and create an aesthetic and pleasing environment.
All stormwater detention basins shall be attractively landscaped with
plants native to the area and compatible with the proposed environment
to stabilize the soil, retard erosion and runoff and promote infiltration
of surface waters.
(7)
A landscaping plan must be submitted with each detention
basin showing the size of the area to be cleared, soil condition,
a description of the existing vegetation and a description of the
vegetation proposed. Soil stabilization shall follow immediately after
site clearing is completed with permanent vegetation to await the
appropriate planting season.
B.
Applicability. This chapter shall apply to all major developments as defined in § 335-2, Definitions and word usage, as amended.
C.
Compatibility with other permit and ordinance requirements. Borough approvals of stormwater management facilities are an integral part of development approvals but do not relieve the applicant of the responsibility to secure other required permits and approvals for activities regulated by any other applicable code, rule, act or ordinance. These provisions are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. Where this chapter imposes restriction(s) different from those imposed by any other ordinance, rule, regulation, statute or other provision of law, those provisions which are the more restrictive or impose higher standards shall control. For related Pinelands requirements, see Subsection H below.
D.
General design considerations. Each project not exempted from the implementation of this chapter shall meet the stormwater management standards outlined in § 335-39, Drainage, and the following standards:
(1)
Any major agricultural development as defined in this
chapter shall be submitted to the Camden County Soil Conservation
District for review and comment in accordance with this chapter and
any Soil Conservation District guidelines. The approving authority
may condition approval of such stormwater control measures on approval
from the Camden County Soil Conservation District.
(2)
Soil erosion and sediment control shall be provided
in accordance with Standards for Soil Erosion and Sediment Control
promulgated by the State Soil Conservation Committee pursuant to N.J.A.C.
4:24-42 and administered by the Camden County Soil Conservation District.
(3)
If detention facilities are provided through which
water passes at times other than after a rainfall, the Borough Engineer
shall be consulted concerning design criteria. It will become necessary
for detention requirements to be met despite the necessity of passing
certain low flows. This applies to all on-stream or on-line detention
basins.
(4)
Detention basins located in freshwater wetlands may
be allowed only in accordance with the Freshwater Wetlands Protection
Act, N.J.S.A. 13:9B-1 et seq., and any rules adopted pursuant thereto.
(5)
Any detention facility that impounds water through
the use of an artificial dike, levee or other barrier and raises the
water level five feet or more above the usual mean low-water height
when measured from the downstream toe-of-dam to the emergency spillway
crest is classified as a dam and subject to the New Jersey Dam Safety
Standards, N.J.A.C. 7:20. All such dams must be designed, constructed,
operated and maintained in compliance with the rules of N.J.A.C. 7:20.
(6)
Vegetated swales may be constructed but they shall
not be designed to accommodate any stormwater detention. The minimum
gradient of swales shall be 2.0%. The minimum side slopes of a swale
shall be a ratio of three to one when there is a hydraulic depth of
one-foot or less and four to one when depths are greater than one-foot.
E.
Design specifications. The related design parameters
and basin dimensions shall be shown on the drawings.
(1)
If the basin is designed to retain water on a permanent
basis (wet basin), adequate aeration shall be provided to prevent
stagnation, or the depth of water shall exceed six feet.
(2)
Where the approving authority deems necessary, the
detention basin shall be enclosed by a four-foot-high fence. In such
event, a fourteen-foot-wide gate shall be provided to gain access
to the basin for maintenance purposes. The fence shall be a three-rail,
split-rail fence of either locust or cedar with a forty-two-inch-high
galvanized chain link mesh, 11-gauge, attached to the outside face
of the fence. The gate shall be constructed of eleven-gauge galvanized
mesh and galvanized one-and-five-eighths-inch-diameter Schedule 40
pipe.
(4)
No consideration shall be given to groundwater recharge
for reducing the size of the basin, and total recharge (total infiltration)
basins shall not be allowed, except as may be permitted or required
in the Pinelands Area.
(5)
Where the seasonal high-water table is less than two
feet from the lowest point, an underdrain system below the low-flow
channel shall be provided with a positive outlet into the outfall
control structure. The seasonal high-water table shall be shown in
relation to the bottom of the basin in all cases.
(6)
Basins shall have a tapered bottom. No flat-bottomed
basins will be permitted.
(7)
Access roads to basins shall be a minimum of 10 feet
wide and a minimum of six inches of DGA on well prepared subgrade
suitable for a ten-ton truck.
F.
Detention basin location.
(1)
Residential developments.
(a)
Detention basins shall be constructed so as
to take advantage of natural features to the greatest extent possible.
Maintenance access shall be provided to the basin from either the
surrounding right-of-way or from within the site driveway or parking
areas. If access is provided from within the site, appropriate easement(s)
shall be provided.
(b)
Detention basins shall be constructed on a lot
solely utilized for the purpose of the basin or on a lot dedicated
for the purpose of open space. If the basin is to be constructed on
its own lot, the lot may vary from the bulk requirements of the zone
in which it is located; however, a minimum 20 feet of lot frontage
on an improved street shall be provided. The lot shall be of sufficient
size to contain the basin and all outfall structures entirely within
a minimum twenty-five-foot distance from the top of the slope to any
property line in any direction.
(2)
Nonresidential developments. Detention basins shall
be constructed so as to take advantage of natural features to the
greatest extent possible. Maintenance access shall be provided to
the basin from either the surrounding right-of-way or from within
the site driveway or parking areas. If access is provided from within
the site, appropriate easement(s) shall be provided. Basins shall
not be screened from view from the developed portions of the site.
G.
Detention basin maintenance responsibility.
(1)
Maintenance schedule. Where detention basins are to
be constructed as shown on the approved subdivision and/or site plan
drawings, the applicant's engineer shall provide on the preliminary
subdivision or preliminary site plan drawings an anticipated schedule
of maintenance of the basin over a twenty-year period. This schedule
shall include items such as, but not limited to, removal of siltation
at an interval of a minimum of once every 10 years; annual inspection,
cleaning and repairs to inflow and outfall structures; periodic routine
maintenance such as grass cutting and maintenance of the low-flow
channel; and fence repairs and cleaning of trash racks and small outfall
orifices. Also included shall be the itemization of any permits from
the New Jersey Department of Environmental Protection which will be
required to perform the maintenance. In the case of wet detention
basins, a cost associated with the lowering or emptying of the basin
shall be included. The applicant's engineer shall estimate the present-day
costs associated with each item of maintenance and submit that to
the Board for review by the Borough Engineer.
(2)
Detention basins within residential developments.
(a)
Homeowners' associations. Where a detention
basin is constructed within a common area of a residential development,
the maintenance of the basin and all drainage structures and collection
systems outside of Borough-owned rights-of-way shall be the sole responsibility
of the homeowner's association. The maintenance of the basins and
associated structures shall be clearly identified within the homeowner's
association documents submitted to the attorney for the approving
authority for review and approval.
(b)
Residential development without a homeowner's
association. Detention basins shall be constructed on a separate lot
and the developer shall submit a proposal for the continued maintenance
of the detention basin for a period of 15 years assuming the expenditure
of the principal and interest. Such proposal shall be submitted to
the attorney and engineer for the approving authority for review and
approval. If approved, the developer shall pay the approved amount
into a Borough detention basin escrow fund, and the Borough shall
thereafter be responsible for the maintenance of the basin and shall
use the funds to maintain the basin.
(3)
Nonresidential detention basins. All nonresidential detention basins shall be maintained by the property owner. In the event that the basin also controls stormwater from off-site runoff from Borough-owned property, rights-of-way and/or easements, the owner of the property may request that the Borough maintain the basin only if a prorated cash contribution has been deposited with the Borough as provided in § 335-64G(4) below.
(4)
Request for waiver. A developer may petition Borough Council for a waiver from the requirements of establishing a homeowner's association or having an individual homeowner maintain detention facilities. Said petition may propose a method of maintaining the detention facilities over a period of at least 20 years whereby the developer will establish with the Borough a maintenance fund acceptable to Borough Council for such purpose. The maintenance fund shall be funded in an amount equal to the cost estimated in Subsection G(1) above. After a maintenance fund has been established, the Borough shall maintain the detention facilities which were funded. Any such petition for waiver shall be in writing to the Borough Clerk prior to the approving authority granting or denying final site plan or subdivision approval. The Borough Council shall grant or deny any such request for waiver within 45 days from the date the Borough Clerk receives the written petition for waiver supported by the developer's maintenance plan, including estimated costs. Failure on the part of the Borough Council to take action on the request within the said forty-five-day period shall be deemed a denial of the request unless the developer shall have granted an extension of time, in writing.
A.
Streetlighting shall be provided by the developer
at no cost to the Borough at intersections and other areas determined
by the approving authority to be necessary for vehicular and/or pedestrian
safety. Consideration shall be given to driver visibility and sight
distance when vehicles enter and exit driveways and street intersections
as well as potential glare to adjacent uses.
B.
The developer shall arrange for the streetlighting,
at his expense, in such manner that the Borough will not be amortizing
the capital cost of the streetlight in the electric company's regular
billing for electric service.
C.
Electrical service for streetlights shall be underground,
and streetlights installed as part of development applications shall
be at the sole expense of the developer.
D.
The type of streetlighting to be installed shall be
a maximum of 30 feet high. The style of pole and fixture shall be
submitted as part of the development application to be approved by
the approving authority. The lights shall be located at each street
intersection and at major driveways as determined by the approving
authority. Streetlights shall be located on the same side of the street.
The lights shall be one-hundred-watt mercury vapor luminaire unless
otherwise specified by the approving authority. Streetlights located
between intersections shall be located at crests of hills, bottom
of hills, the beginning and end of curves having a radius of less
than 350 feet or an internal angle greater than 30º, and such
other locations as may be determined by the approving authority as
necessary for public safety.
E.
Upon notification, in writing, by the developer to
the approving authority and Borough Council that the streetlighting
on a dedicated public street has been installed and accepted for service
by the public utility and that certificates of occupancy have been
issued for at least 50% of the dwelling units and/or 50% of any floor
area of nonresidential uses in the development, the Borough shall,
within 30 days following receipt of the notification, make appropriate
arrangements with the public utility for and assume the responsibility
of the costs of the streetlighting on a continuing basis. Compliance
by the Borough with the provisions of this section shall not be deemed
to constitute acceptance of the street by the Borough.
A.
All developments shall be served by paved streets
with an all-weather base and pavement with an adequate crown. The
arrangement of streets not shown on the Circulation Element of the
Master Plan or Official Map shall be such as to provide for the appropriate
extension of existing streets, conform to the topography as far as
practicable and allow for continued extension into adjoining undeveloped
tracts.
B.
When a development adjoins land capable of being developed
or subdivided further or where it would be appropriate to have street
connections as part of a convenient street system or where the implementation
of the Circulation Plan of the Master Plan is intended, stub streets
shall be constructed up to the appropriate lot line(s) or to the abutting
street in order to provide an interconnected street system for future
access between developments, more efficient public services and alternate
means of emergency access.
C.
Local streets shall be designed to discourage through
traffic.
D.
In all residential zones, development bounded by any arterial or collector street shall control access to said streets by having all driveways intersect local streets. Where the size, shape, location or some other unique circumstance may dictate no other alternative than to have a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities so it is not necessary to back any vehicle onto an arterial or collector street, and abutting lots may be required to use abutting driveways with one curb cut. All lots requiring reverse frontage shall have an additional 25 feet of depth to allow for the establishment of a buffer area. The buffer area shall be planted with nursery-grown trees and evergreens for the full length of the development. Where topography permits, earthen berms may be constructed. Berms shall not be less than four feet in height and side slopes shall be no steeper than three to one; they shall be stabilized by ground cover to prevent soil erosion and shall be planted with evergreens and deciduous trees according to a landscaping plan so as to be designed to have no adverse effect on nearby properties. All trees and evergreens planted in the buffer area shall be balled and burlapped nursery stock. Trees shall have a caliper of not less than three inches as measured at breast height. Evergreens shall be six to eight feet high. All material shall be of an approved species grown under the same climatic conditions as at the location of the development. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated. Any fencing along reverse frontage lots shall be on the development side of the buffer area so the planted material screens the fence from view when viewed from the street. Unless an alternative planting plan is approved, the buffer area shall conform to § 335-77C.
E.
Rights-of-way. Street rights-of-way shall be measured
from lot line to lot line. The continuation of an existing street
shall be at the same width as the existing street unless a greater
width may be required in accordance with the following schedule. Where
arterial or collector streets intersect another arterial or collector
street, the right-of-way and cartway shall be increased by 10 feet
on the right side of the street approaching the intersection for a
distance of 300 feet from the intersection of the center lines.
|
Type of Street
|
Minimum Right-of-Way
(feet)
|
Minimum Paving Width
(feet)
| |
|---|---|---|---|
|
Arterial
|
86
|
46
| |
|
Collector
|
60
|
40
| |
|
Local
|
50
|
30*
| |
|
* NOTE: The pavement width on residential streets
may be reduced to 26 feet provided that an ordinance is adopted by
Borough Council prohibiting curbside parking along that street, no
apartment or townhouse unit fronts on the street and all detached
single-family homes have at least a two-car garage set back at least
40 feet, plus a paved area off either one side or the end of the driveway
measuring at least 18 feet by 18 feet.
| |||
F.
No development showing reserve strips controlling
access to streets or another area, either developed or undeveloped,
shall be approved, except where the control and disposal of land comprising
such strips has been given to Borough Council.
G.
In the event that a development adjoins or includes
existing streets that do not conform to widths as shown on the Master
Plan or Official Map or the street width requirements of this chapter,
additional land along both sides of said street sufficient to conform
to the right-of-way requirements shall be anticipated in the development's
design by either dedicating the additional width or creating oversized
lots to accommodate the widening at some future date. The additional
widening shall be for the location, installation, repair and maintenance
of streets, drainage facilities, utilities and other improvements
customarily located in street rights-of-way. Where the land is not
dedicated but oversized lots are created, the intention for the street
widening shall be expressed on the plat as follows: "Street right-of-way
easement granted to the Borough of Berlin (or county or state) to
enter upon these lands for street improvement purposes provided for
and expressed in the Zoning Ordinance of the Borough of Berlin." This
statement on an approved plat shall in no way reduce the subdivider's
responsibility to provide, install, repair or maintain any facilities
installed in this dedicated area or as shown on the plat or as provided
for by any maintenance or performance guaranties. If the subdivision
is along only one side of a street, 1/2 the required extra width shall
be anticipated.
H.
Longitudinal grades on all local streets shall not
exceed 8% and on arterial and collector streets shall not exceed 4%.
The minimum longitudinal gradient shall be 0.75%. Maximum gradients
of any street within 50 feet of an intersection shall be 2%.
I.
No local street shall be part of a four-way intersection.
Intersecting street center lines shall be as nearly at right angles
as possible and in no case shall they be less than 75º at the
point of intersection. The curblines shall be equal distances from
and parallel to the center line. Approaches to all intersections shall
follow a straight line for at least 100 feet measured from the curbline
of the intersecting street to the beginning of the curve. No more
than two street center lines shall meet or intersect at any one point.
Collector and arterial streets intersecting another street from opposite
sides shall be either directly opposite each other without offset
or have an offset distance between center lines of at least 250 feet.
Any development abutting an existing street which is classified as
an arterial or collector street shall be permitted not more than one
new street intersection every 800 feet on the same side of the street.
In the spacing of streets, consideration will be given to the location
of existing intersections on both sides of the development. Intersections
shall be rounded at the curbline with the street having the following
highest radius requirement determining the minimum standard for all
curblines: arterial at 35 feet, collector at 25 feet and local streets
at 20 feet.
K.
When connecting street lines deflect in any direction,
they shall be connected by a curve with a radius conforming to standard
engineering practice so that the minimum sight distance within the
curbline shall be 160 feet for a local street, 300 feet for a collector
street and 550 feet for an arterial street.
L.
All changes in center-line gradient shall conform
to AASHTO standards for vertical curves and be based on a design speed
five miles per hour higher than the posted speed.
M.
Culs-de-sac and dead-end streets.
(1)
Permanent dead-end streets (culs-de-sac) shall be
avoided, except where no practical alternative exists. The intent
is to maximize interconnecting local streets for more efficient and
economical public services and to more reasonably assure alternate
means of access by emergency vehicles.
(2)
Dead-end streets (culs-de-sac) of a permanent nature,
where they might be approved as an exception, shall serve no more
than 12 single-family lots or 40 townhouse or apartment units and
shall provide a turnaround at the end with a right-of-way radius of
not less than 50 feet and a curbline radius of not less than 40 feet.
The center point for the radius shall be offset so the right-of-way
and curbline are tangent to the right side of the street as one enters
the cul-de-sac. No cul-de-sac shall exceed a length of 600 feet.
(3)
If a dead-end street is of a temporary nature and
a turnaround is required, provisions shall be made for removal of
the turnaround and reversion of the excess right-of-way to the adjoining
property(ies) as an off-tract responsibility of the developer creating
the street extension when the street is extended. The reversion of
the right-of-way to the abutting lot shall be a condition established
in the deed to the lot which will receive the excess right-of-way.
N.
No street shall have a name which will duplicate or
so nearly duplicate in spelling or phonetic sound the names of existing
streets in the Borough and surrounding communities served by emergency
services, so as to be confusing therewith. The continuation of an
existing street shall have the same name. The names of new streets
shall be a determination of and be approved by the approving authority.
O.
Street construction.
(1)
General. Unless otherwise specified by the Borough,
all work shall be performed in accordance with New Jersey State Highway
Department Standard Specifications for Road and Bridge Construction,
latest revision. These specifications shall govern the installation
and construction of improvements in all sections of subdivisions whose
final plats have not received formal Borough approval prior to the
effective date of this chapter and to all construction work hereafter
performed on previously approved final plats where adherence to the
new specifications will not impose unnecessary hardships by reasons
of prior commencement of such construction, prior commitments of contracts
or prior delivery of materials.
(2)
Pavement subbase and subdrainage. After the roadway
site has been cleared, the Borough Engineer (hereinafter referred
to as the "Inspector"), together with the engineering representative
of the owner, shall test the natural subsoil material and subsoil
drainage conditions by borings and soil analysis. Borings shall be
no farther apart than 400 feet. On the basis of the analysis and determination
of this professional judgment as to the minimum standards for fully
satisfactory results, the Borough Engineer shall specify the requirements
for subbase, subdrainage, roadway base and pavement from among the
alternatives below. Such requirements shall then be incorporated by
the owner in the final cross sections, profiles and utility plants
submitted to the Planning Board as part of the development application.
The Borough Engineer shall also submit a written report as to the
conformance of the final plans to the requirements he has specified.
(a)
If the natural subsoil contains 15% or less
of material passing a No. 200 sieve and has adequate subsurface drainage,
the owner shall be permitted to construct, directly upon the graded
natural subsoil, pavement of a kind hereinafter specified.
(b)
If the natural subsoil contains more than 15%
of material passing a No. 200 sieve and has adequate subsurface drainage,
a subbase of a thickness determined by the Engineer, but in no case
less than six inches thick, shall be constructed. The subbase shall
be of road gravel or similar material containing not more than 12%
of material passing a No. 200 sieve and shall be constructed in accordance
with Division 2, Section 9, of the State Specifications.
(c)
If the natural subbase contains more than 15%
of material passing a No. 200 sieve and does not have adequate subsurface
drainage, underdrains of such size, location and number together with
access facilities as determined by the Engineer shall be constructed
in addition to the required subbase. Such underdrains may be constructed
longitudinally on the side of the street and transverse to the street.
Where constructed in the center of the street, underdrains shall be
located with a minimum clearance of 18 inches from the sanitary sewer.
The trench in which underdrains specified for roadway subsurface drainage
purposes are laid shall be filled with crushed stone or washed pebbles
(from 3/8 inch to 3/4 inch in size) for a minimum of six inches below,
on both sides and above the pipe, and the balance of the trench from
the top of the stone or washed pebbles to the subbase shall be filled
with approved porous material for a width at least equal to the bottom
of the trench with a two-inch layer of salt, hay or untreated paper
being placed upon the top of the stone or washed pebbles. Underdrains
shall be Type F, constructed in accordance with Division 5, Section
1, of the State Specifications.
(3)
Pavement.
(a)
Materials.
[1]
Bituminous stabilized base course. Materials
shall conform to the requirements specified therefor in Section 2A
of the Standard Specifications of the New Jersey Highway Department
for bituminous stabilized base course, Stone Mix, Mix No. 1, except
that the minimum bitumen content shall be 5%.
[2]
Surface course. The paving materials shall be
FABC Mix No. 5 as specified in the New Jersey State Highway Department
Standard Specifications, except that the minimum percentage of bitumen
shall be 6%.
(b)
Methods of construction.
[1]
Subgrade. Before construction of the pavement,
the subgrade shall be in a properly finished condition conforming
to the proper line and grade and free of any soft spots or other deficiencies.
Not more than 24 hours prior to commencing operations on any subgrade,
the subgrade shall be tested by running a roller or a weight at least
equal to that to be used in the paving operation over the entire subgrade
area. When permitted by the Engineer, testing may be performed by
other equipment, such as loaded trucks. When, in the opinion of the
Engineer or his representative, the deformation of the subgrade under
such tests is excessive, the subdivider will be required to stabilize
the subgrade in a manner satisfactory to the Engineer. The subgrade
shall not be prepared during freezing weather or when frozen or when
it is unstable.
[2]
Bituminous stabilized base course, the method
of construction indicated for materials above. The base course shall
be laid on a properly prepared subgrade approved by the Borough Engineer.
Upon completion of base course construction, the contractor shall
cut samples from the pavement with a jackhammer, coring machine or
other means suitable to the Engineer. The sample shall be intact for
the full thickness of the base course and shall be of a size suitable
to the Engineer. At least one sample shall be cut for every 1,000
square yards of base course. Where deficiencies in the required minimum
thickness are noted, at least two additional cores will be required
to determine the extent of such deficiency. The average thickness
of the base course as determined by any five or more samples representing
continuous areas of pavement shall be not less than five inches or
six inches, and the minimum thickness permitted at any location will
be 4 1/2 inches or 5 1/2 inches. The deficiency shall be made up by
increasing the thickness of the surface course.
[3]
Surface course.
[a]
Prior to placing the surface course,
the contractor shall repair any defects in the base course. Where
cracking or any other type of failure has occurred in the base course,
the contractor shall completely remove the base course, stabilize
the subgrade, if necessary, and construct a new base course. Where
the deficiency involves depressions or raveling in the surface of
the base course, the repair may be made by skin-patching with a suitable
bituminous material.
[b]
For checking gutter drainage, the
subdivider shall supply sufficient water at the high points of the
streets and shall run said water into gutters in order to determine
whether or not gutter grades are satisfactory. Wherever puddles occur,
he shall skin-patch the base course to achieve proper grades in the
gutters. After repair of the base course, a tack coat shall be applied
as specified in Section 3.10 of the New Jersey State Highway Department
Standard Specifications.
[c]
In the event of any deficiency
in the surface course such as raveling, depressions, cracking, etc.,
such deficiencies shall be repaired by removing the surface course
and replacing with new material.
[4]
All equipment and methods of construction shall
conform to the New Jersey State Highway Department Standard Specifications
of 1961, except that one roller may be used where the area to be paved
is sufficiently small, in the opinion of the Engineer, to make the
second roller unnecessary.
(c)
Thickness.
[1]
Paving sections shall be as shown below:
|
Street Classification
|
FABC-1 Mix I-5
(inches)
|
Stabilized Base Mix I-2
(inches)
|
Dense Graded Aggregate
(inches)
| |
|---|---|---|---|---|
|
Industrial
|
3
|
5
|
8
| |
|
Arterial
|
3
|
5
|
6
| |
|
Collector, local and other minor streets
|
2
|
4
|
6
|
[2]
The applicant may propose alternate paving sections
if laboratory CBR tests warrant such a change and the revision is
acceptable to the Borough Engineer. However, in no instance shall
less than four inches total asphalt thickness be permitted.
P.
Applicants for retail and multifamily developments,
where the general public travels private roads, aisles, and driveways,
shall consent, in writing, to the Borough Council to the enforcement
of New Jersey Statutes Title 39, Motor Vehicles and Traffic Regulation,
on the property.
A.
Street signs shall be installed prior to issuing a
certificate of occupancy.
B.
The location of the street sign shall be determined
by the Engineer, but there shall be at least two street signs furnished
at each four-way intersection and one street sign at each T-intersection.
All signs shall be installed free of visual obstruction and show both
street names.
C.
Each sign unit shall consist of high early Type 3
portland cement with two No. 3 reinforcing bars running the full length
of the unit. Each sign unit shall be seven feet long and with 30 inches
implanted in the ground. The sign unit shall be six inches by six
inches the entire length of the unit, except that the last one inch
shall be slightly tapered. All letters for the street names shall
be 2.5 inches high. The sign shall be an aluminum plate, five inches
by 36 inches in size with rounded corners. The sign background shall
be 3M green reflective while the letters shall be white reflective.
The signs are to be predrilled and use stainless steel hardware. The
developer shall be responsible for the cost of labor and materials
for installation as well as the cost of each sign unit.
See § 335-57, Public utilities.
The developer shall arrange for the construction of a looped and interconnected water distribution system to assure adequate water service to each lot, dwelling unit or other use within the development. The system shall have adequate capacity and pressure for fire hydrants located in accordance with § 335-42, Fire protection; meet the requirements and standards as to size, material and construction of the Borough Department of Public Works, approved by the Borough Engineer; and have adequate capacity and sustained pressure for present and probable future development. If any part of the system must be installed outside streets or other public rights-of-way, the developer shall provide the necessary rights-of-way or easements (see § 335-41, Easements). The water mains installed shall meet the requirements of the New Jersey Department of Environmental Protection. All water mains are to be pressure-tested and disinfected in accordance with American Water Works Association (AWWA) standards prior to acceptance. As-built drawings shall be submitted showing the location of all valves, fittings, changes of direction and laterals with location dimensions to three permanent features.
