Beachwood City Zoning Code
§ 17-21.2
Specific Requirements.
[Ord. #1/6/78, A XIX, § 2; Ord. No. 2007-13, §§ 6—12]
a.
Accessory buildings. Any accessory building attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building.
b.
Apartments and townhouses.
1.
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 in the overall plans; landscaping techniques; building orientation to the site and to other structures; topography; natural features such as wooded areas, drainage courses, soil conditions, and topographic relief; and building design features such as varying unit widths, staggering five (5') foot unit setbacks, providing different exterior materials, changing roof lines and roof designs, altering building heights, and changing types of windows, shutters, doors, porches, colors, and vertical or horizontal orientation of the facades, singularly or in combination.
2.
The configuration of structures may be any alignment that meets the yard requirements and does not exceed the following overall or component building lengths: (1) two hundred (200') feet on one (1) plane; (2) three hundred forty (340') feet on the second line of any angled building; and (3) five hundred (500') feet. The required passageway between two (2) structures which has a roof attached to both structures shall be included in calculating these lengths. Structures, as measured along the center line, shall provide one (1) opening at ground level, at least every one hundred twenty (120') feet. This opening shall be a minimum of fifteen (15') feet in clear width and a minimum of ten (10') feet in clear height and located so that the floor level is at an elevation not more than eight (8") inches above or below the finished grade of the adjoining ground. The configuration of townhouse structures may be any alignment that meets the yard requirements, but has not less than four (4) nor more than six (6) units in one overall structure.
3.
No dwelling unit shall have a living area level lower than finished grade along the front of the structure.
4.
All required open space shall be improved for the purposes intended as shown on the plan, with fifty (50') feet between facing rear walls.
5.
No development shall exceed the density specified in the zoning provisions. No attached back-to-back units shall be permitted.
6.
Recreational facilities within an apartment or townhouse development may be located either in the designated open space or within the yard areas of each structure, notwithstanding the fact that the recreational facilities may overlap imaginary yard lines used to establish the minimum distance between structures under this chapter. The specific location of any recreational facilities shall give consideration to the proximity of structures, type of recreational facility proposed, expected noise level and evening illumination which may create a possible nuisance for residents, and expected pedestrian and bicycle traffic across major interior roads and driveways.
c.
Blocks.
1.
Block length, width and acreage shall be sufficient to accommodate the size lot required in that zoning district and to provide for convenient access, circulation control, and traffic safety.
2.
Blocks of one thousand (1,000') feet long in residential areas shall be discouraged, but where they are used, pedestrian crosswalks and/or bikeways between lots may be required in locations deemed necessary by the approving authority, and shall be at least eight (8') feet wide and be straight from street to street. Blocks over one thousand (1,000') feet in residential areas shall be prohibited. For commercial and industrial uses, block lengths shall be sufficient to meet area and yard requirements for such uses and to provide proper street access and circulation patterns.
d.
Buffers.
1.
Buffer areas shall require site plan approval and are required along all lot lines and street lines which separate a nonresidential use from either an existing residential use or residential zoning district. Buffer areas shall be developed in an aesthetic manner for the primary purposes of screening views and reducing noise perception beyond the lot. Buffer widths shall be measured horizontally and perpendicularly to lot and street lines. No structure, activity, storage of materials or parking of vehicles shall be permitted in a buffer area except that a buffer area may be utilized for Stormwater Management by disconnecting impervious surfaces and treating run offs from impervious surfaces. The standards for the location and design of buffer areas are intended to provide flexibility in order to provide effective buffers. The location and design of buffers shall consider the use of the portion of the property being screened, the distance between the use and the adjoining property line, differences in elevations, the type of buffer such as dense planting, existing woods, a wall or fence, buffer height, buffer width, and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line, or the more intense the use, the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the lot, as determined by the administrating board.
2.
A minimum of one-half (1/2) of the periphery that requires a buffer shall have a buffer at least ten (10') feet wide which shall be designed, planted, graded, landscaped, and developed to obscure the activities of the site from view. In addition, the periphery that requires a buffer shall consist of at least the following: (1) fencing or walls in a landscaped area not less than ten (10') feet wide; (2) a landscaped area with at least five (5') foot high growth.
A building with a setback of at least two hundred (200') feet with a grade of less than twenty (20%) percent shall have groups of plantings and trees located within this setback area to enhance some architectural feature(s) of the structure as well as offer a break to large open areas, but with no other use permitted in this yard area. A parking area setback shall be landscaped as required under the off-street parking provisions of this chapter. If in the judgment of the approving authority any of these alternate provisions will not provide sufficient buffers for the portion of the site proposed, the approving authority may require the site plan to be modified to show the extension of the ten (10') foot buffer area outlined above, require that the proposed alternatives be landscaped differently, or be relocated until, in the approving authority's judgment, they provide the desired buffering effect.
3.
All buffer areas shall be planted and maintained with either grass or ground cover together with a screen of live shrubs or scattered planting, live trees, shrubs, or other plant material meeting the following requirements: (1) the preservation of all natural wooded tracts shall be an integral part of all site plans and may be calculated as part of the required buffer area provided the growth is of a density and the area has sufficient width to serve the purpose of a buffer. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, the plantings may be required; (2) plant materials used in screen plantings shall be at least three (3') feet in height when planted and be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises; (3) the screen planting shall be so placed that at maturity it will not be closer than three (3') feet from any street or property line; (4) trees shall be at least eight (8') feet in height and one and one-half (1 1/2") inches in caliper when planted and be of species common to the area, be of balled and burlapped nursery stock, and be free of insect and disease; (5) any plant material which does not live shall be replaced within one (1) year or one (1) growing season; (6) screen plantings and landscaping shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections.
e.
Churches. Churches may be permitted in those districts designated in this chapter upon application for a permit and upon determination by the approving authority that the following standards and conditions are met:
1.
A set of plans, specifications and plot plans shall be filed with the approving authority, showing overall dimensions, topographic conditions, the location and intended use of existing and proposed buildings, the relationship of the proposed use to streets and adjacent properties and other physical features which might act as a deterrent to the general welfare.
2.
Before issuing a permit, the approving authority shall determine that the following standards are met:
(a)
The minimum lot area shall be forty thousand (40,000) square feet and the minimum frontage shall be two hundred (200') feet.
(b)
Off-street parking shall be provided at the ratio of one (1) off-street parking space for each eight (8) seats in the church.
(c)
Driveways shall cross the sidewalk at right angles, and shall be no more than twenty-four (24') feet wide at any point. Driveways must be at least ten (10') feet from any side lot line and twenty-five (25') feet from the intersection of the street lines. No more than two (2) driveways shall be permitted for each two hundred fifty (250') feet of street frontage.
(d)
The approving authority shall determine that the site plan is appropriate to the adjacent area. It may require buffers of foliage if necessary to protect surrounding properties from the effect of light or noise generated in connection with the use of the property. Such buffer area shall be constructed in conformance with the provisions of this chapter.
f.
Corner lots. Any principal or accessory building located on a corner lot shall have a minimum setback for one (1) street line equal to the required front yard, with the second front yard provided in accordance with the prevailing yard pattern in the block. The remaining two (2) yards shall be considered side yards for the purpose of this chapter.
g.
Curbs. Concrete curb shall be installed along every street within the development and at intersections with local roads, County roads and State Highways. The standard curb section to be used shall be not more than ten (10') feet in length, shall be set in accordance with approved lines and grades, and radial curbs shall be formed in an arc segment, in a smooth curve. Chord segments are prohibited. Concrete curbs shall be nine (9") inches x six (6") inches by twenty (20") inches (eight (8") inch exposed face), using Class B concrete having a twenty-eight (28) day compressive strength of four thousand five hundred (4,500) p.s.i. and shall be air entrained. At locations specified by the approving authority, the curbing shall be designed to provide a ramp for bicycles and/or wheelchairs. Curb sections may deviate from the above section requirements when the development abuts upon a County or State road and then shall meet the requirements of the specific authority. The Municipal requirements of this section may allow for curb cuts or flush curbs with curb stops to allow vegetated swales to be used for stormwater conveyance and to allow the disconnection of impervious.
h.
Drainage. All streets shall be provided with stormwater inlets and pipes where same may be necessary for proper surface drainage. The system shall be adequate to carry off and/or store the stormwater and natural drainage water which originates beyond the development boundaries and passes through the development calculated on the basis of maximum potential development as permitted under this chapter. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other lands without proper and approved provisions being made for taking care of these conditions, including off-tract improvements. All drainage design and computation factors shall be submitted to the Borough Engineer for review and approval.
1.
The duration of a storm used in computing stormwater runoff shall be the equivalent of the time required for water falling at the most remote point of the drainage area to reach the point in the drainage system under consideration.
2.
The pipe size determined to be adequate for the runoff computed shall be increased by a safety factor of at least one (1) standard pipe size for the type of pipe being used in order to provide adequate allowance for the normal accumulation of sediment and debris in the storm drainage system but no less than fifteen (15") inches in diameter.
3.
Inlets shall be located at intersections where possible and located in streets with inlets on both sides of the street at intervals of not more than four hundred (400') feet or such shorter distances as required to prevent the flow of surface water from exceeding 5.0 cubic feet per second at the inlet. Access manholes shall be placed at maximum five hundred (500') foot intervals throughout the system and at pipe junctions where there are no inlets, and at each pipe direction change, either horizontally or vertically.
4.
Dished gutters shall not be permitted.
5.
Storm drain pipes running longitudinally along streets shall not be located under curbing and/or sanitary sewers.
6.
Storm drain pipes shall be reinforced concrete pipe in all cases and shall be of the size specified and laid to the exact lines and grades approved by the Borough Engineer. Reinforced concrete pipe shall conform to A.S.T.M. specifications C76-61 Class IV. Joints shall be made with "O-rings" rubber gaskets or as approved by the Borough Engineer.
7.
For all developments, blocks and lots shall be graded to secure proper drainage away from all buildings and to prevent the collection of stormwater in pools and to avoid concentration of stormwater from each lot to adjacent lots.
8.
Land subject to periodic or occasional flooding as identified by Flood Hazard Boundary Map produced by U.S. HUD shall not be designed for residential occupancy nor for any other purposes which may endanger life or property or aggravate the flood hazard. Such land within a lot shall be considered for open spaces, yards, or other similar uses in accordance with floodplain regulations.
9.
Where any development is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement to the Municipality conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the Municipality and, in addition thereto, a minimum of fifteen (15') feet beyond the bank top on at least one (1) side for access to the drainage right-of-way and, in any event, meeting any minimum widths and locations shown on any adopted Official Map or Master Plan or as required elsewhere in this chapter.
10.
All grates located within roadways, parking lots and pedestrian areas shall be bicycle safe. All curb inlets shall be of the "N-ECO" type, limiting curb opening to no larger than two (2") inches. The use of natural vegetated swales in lieu of pipe inlets, where feasible, shall be encouraged.
i.
Easements. Easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least fifteen (15') feet for one (1) utility and five (5) additional feet for each additional utility and be located in consultation with the companies or Municipal departments concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines.
The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines. Such easement dedication shall be expressed on the plat as follows:"________________ easement granted to this Municipality as provided for in this Development Chapter."
j.
Fences, walls, hedges. Fences and walls shall not be located in any required sight triangle. Fences may be erected, altered or reconstructed in accordance with the following regulations and in accordance with all other provisions of this chapter.
1.
Hedges running parallel to the front property line may be erected, altered or reconstructed to a height not to exceed two and one-half (2-1/2') feet above ground level toward which the front entrance of any dwelling in a residential zone faces.
2.
Fences and walls running parallel to the front property line may not be erected, altered or reconstructed except that fences, walls and hedges located parallel to the front property line and on or behind the front building line may be erected to a height not to exceed six (6') feet above ground level.
3.
Fences, walls and hedges running parallel to side or rear yard lines may be erected, altered or reconstructed to a height not to exceed six (6') feet when located in the side or rear yards of any dwelling in a residential zone.
4.
The foregoing restrictions shall not be applied so as to prevent the erection of any open wire fence not exceeding eight (8') feet above ground level anywhere within a public park, public playground or school premises.
5.
All fences, walls, and hedges must be erected within the property lines, and no fence, wall or hedge shall be erected so as to encroach upon a public right-of-way.
6.
All fences, walls, and hedges shall be maintained in a safe, sound and upright condition and presenting a uniform appearance.
7.
If the Construction Code Official, upon inspection, determines that any fence, wall or hedge or portion of any fence, wall or hedge is not being maintained in a safe, sound or upright condition he shall notify the owner of such fence, wall or hedge in writing of his findings and state briefly the reasons for such findings and order such fence, wall or hedge or portion of such fence, wall or hedge repaired or removed within fifteen (15) days of the date of the written notice.
k.
Fire protection. Provision shall be made for fire hydrants along streets together with connections, standpipe, and sprinkler on the outside walls of nonresidential structures as approved by the Borough Fire Department and Borough Engineer and in accordance with Insurance Services Office Standards. Maximum lineal distance between fire hydrants on or in the vicinity of the subject site shall be five hundred (500') feet. Such facilities shall be constructed to the satisfaction of the Borough Engineer and Fire Department and in accordance with Insurance Services Office Standards.
Fire lanes, twelve (12') feet in width, shall be required across the front and rear of all new commercial and industrial uses with gross floor area in excess of ten thousand (10,000) square feet. Similar fire lanes are recommended for design along the sides of all new commercial and industrial uses. Parking shall be strictly prohibited in all FIRE LANE areas.
l.
Flood hazard area considerations. Any proposal for a development on a tract where any part of the tract contains a flood hazard area as identified on the most recent Flood Hazard Boundary Map prepared by U.S. HUD shall comply with the Floodplain Regulations of this chapter in addition to the following standards. No building or structure shall be erected, moved, or enlarged, nor shall any material or equipment be stored, fill be placed, nor shall the elevation of any land be substantially changed in the flood hazard area except in accordance with a permit issued by the New Jersey Department of Environmental Protection, Division of Water Resources; provided, however, that accepted practices of soil husbandry, and the harvesting of crops in connection with farming, lawns, gardens and recreational usage that do not include structures, are not included in the foregoing prohibitions. Primary consideration shall be given to preserving the floodway so as to assure maximum capacity for, and minimum velocity of the passage of flood flows without aggravating flood conditions upstream and downstream. No building or structure shall be erected, moved, or enlarged in the flood fringe area if the elevation of any floor, including the cellar, shall be less than one (1') foot above the flood hazard design elevation except in accordance with a permit issued by the New Jersey Department of Environmental Protection, Division of Water Resources. As to developments in the flood fringe area, primary consideration shall be given to the protection of persons and property involved in the development and such considerations shall not be avoided by a waiver from the applicant.
m.
Grading and filling. All lots where fill material is deposited shall have clean fill and/or topsoil deposited which shall be graded to allow complete surface draining of the lot into local storm sewer systems or natural drainage courses. No regrading of a lot shall be permitted which would create or aggravate water stagnation or a drainage problem onsite or on adjacent properties, or which will violate any other provisions of this chapter. Grading shall be limited to areas shown on an approved site plan or subdivision. Any topsoil disturbed during approved excavation and grading operations shall be redistributed throughout the site.
n.
Hotel, motel. These uses where and if permitted in this chapter as specified herein shall comply with the following minimum standards:
3.
Appropriate areas shall be set aside for the recreational needs of the guests.
5.
All garbage receptacles for storage and pick-up shall be centrally located and easily accessible within a screened aboveground enclosure.
6.
Such other performance standards as may be required by the approving authority.
o.
Height. The height limitations of this chapter shall not apply to church spires, firewalls, belfries, cupolas, chimneys, ventilators, skylights, water tanks, bulkheads, and similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose that they are to serve. Provisions of this chapter shall permit the erection of parapet walls or cornices for ornament without windows above the building height limit by not more than three (3') feet. Quasi-public buildings and public buildings, schools, and churches may exceed the height limit herein established providing that such uses shall increase the front, rear, and side yards one (1') foot for each foot by which such building exceeds the height limit established for the district within which the use is located.
p.
Lighting. All area lighting shall provide translucent fixtures with shields around the light source. The light intensity provided at ground level shall average a maximum of one footcandle over the entire area. For each fixture and lighted sign, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed seven and one-half percent of the total quantity of light emitted from the light source. Any other 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 shall shine directly or reflect into windows, or onto streets and driveways in such a manner as to interfere with driver vision. No lighting shall be of a yellow, red, green or blue beam nor be of a rotating, pulsating, beam, or other intermittent frequency. The intensity of such light sources, light shielding, the direction and reflection of the lighting, and similar characteristics shall be subject to site plan approval by the approving authority. The objective of these specifications is to minimize undesirable offsite effects.
q.
Lots.
1.
Lot dimensions and area shall not be less than the requirements of the Zoning Bulk Schedule requirements of this chapter.
2.
Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.
3.
Each lot must front upon an approved, paved street with a right-of-way of at least fifty (50') feet, or as deemed sufficient by the approving authority.
4.
Through lots with frontage on two (2) streets will be permitted only under the following conditions: (1) where the length of the lot between both streets is such that future division of the lot into two (2) lots is improbable; and (2) access shall be to the street with the lower traffic function and the portion of the lot abutting the other street shall be clearly labeled on the plat, and in any deed, that street access is prohibited.
5.
Where extra width has either been dedicated or anticipated for widening of existing streets, zoning considerations shall begin at such new street line and all setbacks shall be measured from such line.
6.
Whenever land has been dedicated or conveyed to the municipality by the owner of a lot in order to meet the minimum street width requirements or to implement the Official Map or Master Plan, and which lot existed at the effective date of this chapter, the Construction Code Official shall not withhold a building and/or occupancy permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.
r.
Monuments. Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12 of the Map Filing Law, as amended, and shall be placed in accordance with said statute and indicated on the final plat. All lot corners of each lot shall be marked with a metal alloy pin of permanent character.
s.
Natural features. Natural features such as trees, brooks, swamps, hilltops and views, shall be preserved whenever possible. This shall include forested areas to ensure that leaf litter and other beneficial aspects of the forest are maintained in addition to trees. When individual lots, care shall be taken to preserve selected trees to enhance soil stability and the landscape treatment of the area.
t.
Nonconforming uses, structures, or lots. The lawful use of land, buildings, or structures existing when this chapter was adopted may be continued on the lot or in the structure although they may not conform to this chapter and any such structure may be restored or repaired in the event of partial destruction thereof provided, however, that none shall be enlarged, extended, relocated, converted to another use, or altered, except in conformity with this chapter, except as permitted below. Land on which a nonconforming use or structure is located and any nonconforming lot shall not be subdivided or resubdivided so as to be made more nonconforming in any manner.
1.
Abandonment. A nonconforming use shall be considered abandoned: (1) if it is terminated by the owner; (2) if a nonconforming use involving a structure is discontinued for twelve (12) consecutive months; or (3) if a nonconforming use of land without structure(s) ceases for a period of six (6) months. The subsequent use of the abandoned building, structure, and/or land shall be in conformity with this chapter.
2.
Conversion to permitted use. Any nonconforming building, structure, or use may be changed to conform to this chapter, but shall not be changed back to a nonconforming status.
3.
Maintenance may be made to a nonconforming use, structure, or lot provided the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose, or increase the nonconformity in any manner.
4.
Nonconforming lots and structures. Any existing structure on a nonconforming lot, or any existing structure on a conforming lot which violates any yard requirements, may have additions to the principal building and/or construct an accessory building without an appeal for a variance, provided the total permitted building coverage is not exceeded and the accessory building and/or the addition to the principal building do not violate any other requirements of this chapter. Mitigation of the impact of additional impervious surfaces shall be required unless the Stormwater Management Plan for the development of which the lot is a part provided for these increases in impervious surfaces.
5.
Restoration and repairs.
(a)
Any nonconforming building, structure or use which has been condemned or damaged by fire, explosion, flood, windstorm or act of God, shall be examined by the following three (3) people: (1) the Construction Code Official; (2) the owner or an architect or engineer selected by the owner; and (3) a third person agreed to by the Construction Code Official and the owner whose fee shall be agreed to and shall be paid in equal portions by the Municipality and the owner. If, in the opinion of the majority of the above three (3) people, the value of repairing the condition is greater than fifty (50%) percent of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a use variance as provided in the Act.
(b)
Where the value of repairing the condition is determined to be less than fifty (50%) percent of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided it does not exceed the height, area and bulk of the original structure.
(c)
The percent damaged or condemned shall be the current replacement costs of the portion damaged or condemned computed as a percentage of the current replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is damaged or condemned.
6.
Sale. Any nonconforming use, structure or lot may be sold and continue to function in the same nonconforming manner.
u.
Nursing homes for children or aged, philanthropic or charitable uses. Treatment, nursing homes for children or aged, philanthropic or charitable structures, except correctional institutions, may be permitted in those districts designated in this chapter if in compliance with the following standards and conditions:
1.
A set of plans, specifications, and a statement setting forth full particulars on the operation of the structure or use must be filed with the approving authority in triplicate showing dimensions, topography, location and use of intended buildings etc.; and any other physical features which might act as a deterrent to the general welfare.
2.
Front, rear, and side yards shall be increased one (1') foot for each foot by which such proposed building exceeds the height limit herein established for the district in which it is to be located. In no case shall any building exceed the height of thirty (30') feet nor located on a lot less than two (2) acres in size with a minimum frontage of two hundred (200') feet.
3.
Off-street parking space shall be provided in side and rear yards only, at the rate of one (1) space for each one (1) bed in a treatment or nursing home, and one (1) space for each two (2) beds or one (1) space for each four hundred (400) square feet of gross floor area, whichever is greater, for philanthropic or charitable uses. The approving authority shall then decide the manner in accordance with the procedure provided for in this chapter.
4.
All off-street parking provided within thirty (30') feet of any property line shall be protected from adverse impact upon adjacent properties through a visual screen of planting, not less than four (4') feet at center of a type or types of planting approved by the approving authority.
5.
In addition to all other requirements, there shall be provided one (1) square foot of open space for every one (1) square foot of building area, in plan, at the ground level.
v.
Offsite and off-tract improvements. Before final approval of a subdivision or site plan the approving authority may require, in accordance with the standards of this chapter and adopted Circulation Plan and Utility Plan, the installation, or the furnishing of a performance guarantee in lieu thereof, of any or all of the following offsite and off-tract improvements which are necessary or appropriate for the protection of the public interest by reason of the development's effect on land other than the developer's property: street improvements, water system, sewerage, drainage facilities and easements therefor:
Where such improvements are required, the approving authority shall refer the requirements to the Borough Council for concurrence and for approval of a performance guarantee, if any. If the Borough Council does not take action on the improvements and the applicable performance guarantees within the time the approving authority must act, the approving authority may grant conditional approval of the plan.
The Borough Council shall determine as to each required improvement whether they are to be paid for: (a) entirely by the Municipality; (b) entirely by the developer; or (c) cooperatively by the developer and the Municipality in accordance with fair and reasonable standards to determine the proportionate or pro-rata amount of the cost of such facilities that shall be borne by each developer or owner within a related or common area.
The financing and construction of the improvements shall be arranged in one of the following manners:
1.
If constructed by the Municipality and all or a portion of the improvements are the financial responsibility of the developer, the developer's share shall be paid to the Municipality in cash prior to final approval of the plan.
2.
If constructed by the developer and all or a portion of the improvements are the financial responsibility of the Municipality, the developer shall be paid the Municipal share in accordance with the terms of the construction contract and the completion of the work shall be guaranteed in an amount and under the terms set forth in Section 17-18 entitled "Guarantees and Inspections."
w.
Off-street parking and loading.
1.
Access to and from lots.
(a)
Drives shall be limited to a maximum of two (2) to any street, except when the frontage of a property along any one (1) street exceeds five hundred (500') feet, the number of drives to that street may be based on one (1) drive for each two hundred fifty (250') feet of property frontage. Each drive shall be at least three (3) parking aisles from any other drive on the same property. Each drive shall handle no more than one (1) lane of traffic in each direction; be at least fifty (50') feet or one-half (1/2) the lot frontage, whichever is greater, from the street line of any intersecting street; and be at least thirty-one (31') feet from any property line. The width of the curb cut shall be determined by the type traffic to be handled and the limitation to the number of lanes of traffic. Driveways with widths exceeding twenty-four (24') feet shall be reviewed by the approving authority giving consideration to the width, curbing, direction of traffic flow, radii of curves, and traffic lane divider. Curbing shall be either depressed at the driveway or have the curbing rounded at the corners with the access drive connected to the street in the same manner as another street.
(b)
Any exit driveway or driveway lane shall be so designed in profile and grading and shall be so located to permit a safe, clear sight distance measured in each direction along the roadway. Such measurements shall be from the drivers seat of a vehicle standing on that portion of the exit driveway that is immediately outside the edge of the road traveled way or shoulder. The following distances are recommended.
Allowable Speed | Sight Distances in Feet |
|---|---|
25 m.p.h. | 150 |
30" | 200 |
35" | 250 |
40" | 300 |
45" | 350 |
50" | 400 |
(c)
Where a site occupies a corner of two (2) intersecting roads, no driveway entrance or exit may be located within a minimum of ten (10') feet of the point of tangent of the existing or proposed curb radius of that site, but not less than fifty (50') feet from the street line of the intersecting streets.
(d)
No entrance or exit driveway shall be located on the following portions of a road: on a circle; on a ramp of an interchange; or within twenty (20') feet of the beginning of any ramp or other portion of an interchange.
(e)
Where two (2) or more driveways connect a single site to any one (1) road, a minimum clear distance of twenty-five (25') feet measured along the right-of-way line shall separate the closest edges of any two (2) such driveways.
(f)
Depending upon the intensity of their use, the following angles shall be required for driveways opening into streets.
(1)
Two-way operation. Driveways used for two-way operation will intersect the road at an angle to as near ninety (90°) degrees as site conditions will permit and in no case will be less than seventy-five (75°) degrees.
(2)
One-way operation. Driveways used by vehicles in one (1) direction of travel (right turn only) shall not form an angle smaller than forty-five (45°) degrees with a road, unless acceleration and deceleration lanes are provided.
(g)
The dimensions of driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated to be attracted daily onto the land development for which a site plan is prepared. Driveways serving large volumes of daily traffic or traffic over twenty-five (25%) percent of which is truck traffic shall be required to utilize the maximum dimensions. Driveways serving low daily traffic volumes or traffic less than twenty-five (25%) percent of which is truck traffic shall be permitted to use the minimum dimensions. The maximum and minimum required dimensions for driveways shall be as follows:
One-Way Operation | Two-Way Operation | |||
|---|---|---|---|---|
Curbline opening (in feet) | Driveway Width (in feet) | Curbline opening (in feet) | Driveway Width (in feet) | |
5-10 Family Residence | 12-15 | 10-13 | 12-30 | 10-26 |
10 Family or over | 12-30 | 10-26 | 24-36 | 20-30 |
Commercial & Industrial | 24-50 | 14-34 | 24-50 | 24-46 |
Service Stations | 15-36 | 12-34 | 24-36 | 20-34 |
(h)
Driveway surfacing and profiles.
(1)
The surface of any driveway subject to site plan approval shall be constructed with a permanent pavement of a type specified by standards set by the Borough Engineer. Such pavement shall extend to the paved traveled way or paved shoulder of the road; and such pavement shall extend throughout the area defined by the required driveway dimensions.
(2)
Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage.
(3)
Should the sidewalk be so close to the curb at a depressed curb driveway as to cause the ramp to be too steep and be likely to cause undercarriage drag, the sidewalk shall be appropriately lowered to provide a suitable ramp gradient.
(4)
Pervious paving materials may be used to minimize stormwater runoff and provide groundwater recharge.
(i)
Acceleration and deceleration lanes.
(1)
Acceleration lanes. Where a driveway serves right turning traffic from a parking area providing five hundred (500) or more parking spaces, an acceleration lane shall be provided in accordance with "A Policy of Geometric Design of Rural Highways" c. 1965 American Association of State Highway Officials.
(2)
Deceleration lanes. Where a driveway serves as an entrance to a land development providing fifty (50) or more parking spaces, a deceleration lane shall be provided for traffic turning right into the driveway from the road. The deceleration lane is to be at least two hundred (200') feet long and at least thirteen (13') feet wide measured from the road curbline. A minimum forty (40') foot curb return radius will be used from the deceleration lane into the driveway.
A deceleration lane may be omitted when the roadway pavement is a minimum of forty (40') feet wide and the road peak hour traffic does not exceed five hundred (500) vehicles per hour.
(j)
Special turn lanes. The conveyance of land for jughandles, or left turn lanes may be required by the Planning Board with the approval of the Borough Engineer under one (1) or more of the following conditions:
2.
Access to parking and loading spaces. Individual parking and loading spaces shall be served by onsite aisles designed to permit each motor vehicle to proceed to and from each parking and loading space without requiring the moving of any other motor vehicle. Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.
3.
Buffers. Parking and loading areas for commercial and industrial uses shall be buffered from adjoining streets, existing residential use, or any residential zoning district in a manner meeting the objectives of the buffer section of this chapter.
4.
Curbing. All off-street parking areas containing ten (10) or more spaces and all off-street loading areas shall have concrete or Belgian block curbing around the perimeter of the parking and loading areas and to separate major interior driveways to separate them from the parking and loading spaces. Curbing may also be installed within the parking or loading areas to define segments of the parking or loading areas. Concrete wheel blocks may be located within designated parking or loading spaces. All curbing shall be located in conjunction with an overall drainage plan. Curbing installed at locations requiring pedestrian access over the curbing shall be designed to have ramps from the street grade to the sidewalk. The breaks shall be opposite each aisle. Flush curbs with curb stops or curbing with curb cuts to encourage the discharge of impervious areas into landscaped areas for Stormwater Management as deemed appropriate by the Board Engineer. Additionally, naturally vegetated swales for water quality design storm, with overflow for larger storm events into storm sewers may be allowed.
(a)
Each land development requiring site plan approval shall be required to install curbs along the entire property frontage of a municipal road. Where such curbing is required it shall be located and constructed in accordance with standards and specifications set forth by the Municipal Engineer.
(b)
At all intersections the minimum curb radii shall be thirty (30') feet. Radii beyond this minimum may be required by the Borough Engineer.
(c)
Where a proposed driveway is to serve any land development providing fifty (50) or more parking spaces, curbing need not be carried across the driveway opening as a depressed curb; rather it may be swept back as curb returns as in the case of a street intersection.
(d)
If the driveway serves a facility having less than fifty (50) parking spaces, a depressed curb driveway shall be used.
Where depressed curbs are used at driveways, the following specifications shall apply:
(1)
Existing curb. To construct a depressed curb where curbing exists, the existing curb shall be modified in accordance with the requirements given by the Borough Engineer.
(2)
New depressed curb. New depressed curb shall be constructed in accordance with specifications as set forth by the Borough Engineer.
(3)
Height of depressed curb above street pavement or shoulder. The top of the depressed curb shall be no greater than one and one-half (1 1/2") inches higher than the gutter grade.
(4)
The horizontal transition of depressed curb from full curb height to depressed curb height shall not exceed eighteen (18") inches except where the sidewalk is so narrow and close to the curb that a portion of the sidewalk four (4') feet or less from its outer edge has a slope exceeding 6:1. In this case, the depressed curb transition may be modified to prevent the outer four (4') feet of sidewalk from exceeding a slope of 6:1.
(5)
Each land development requiring site plan approval may be required to install paving in the area between the edge of existing pavement and curbing along the entire property frontage. Where such paving is required it shall be in accordance with standards and specifications as set forth by the Borough Engineer.
5.
Dimensions. Off-street parking space shall be nine (9') feet wide (depending on the angle of parking) and a minimum of eighteen (18') feet in length in accordance with the following schedule: Handicapped parking spaces must meet the latest ADA rules and regulations.
Angle of Parking Space | One-Way Aisle | Two-Way Aisle |
|---|---|---|
90° | 22' | 25' |
60° | 18' | 20' |
45° | 15' | 18' |
30° | 12' | 18' |
parallel | 12' | 18' |
Off-street loading spaces shall have fifteen (15') feet of vertical clearance and be designed in accordance with the following schedule: |
Loading Space | Apron/Aisle Length | ||
|---|---|---|---|
Length | Width | 90' | 60' |
60' | 10' | 72' | 66' |
60' | 12' | 63' | 57' |
60' | 14' | 60' | 54' |
6.
Drainage. All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice as approved by the Municipal Engineer and in accordance with the "Drainage" provisions of subsection 17-20.1 of this chapter. Where subbase conditions are wet, or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least six (6") to twelve (12") inches below the proposed finished grade and filled with a suitable subbase material as determined by the Borough Engineer. Where required by the Borough Engineer, a system of porous concrete pipe, sub-surface 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. Where feasible, the use of natural vegetated swales in lieu of pipe and inlets shall be allowed where deemed appropriate by the Board Engineer. Additionally, pervious paving materials may be allowed to minimize stormwater runoff and provide groundwater recharge and native vegetation shall be required in landscaped areas.
7.
Surfacing shall be approved as part of the plan approval.
(a)
Areas of ingress and egress, loading and unloading areas, major interior driveways, aisles, and other areas likely to experience similar heavy traffic shall be paved with not less than five (5") inches of compacted base course of plant-mixed bituminous stabilized base course constructed in layers not more than two (2") inches compacted thickness, or equivalent, and prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey Department of Transportation Standard Specifications for Roads and Bridge Construction (1961) and amendments thereto. A minimum two (2") inch thick compacted wearing surface of bituminous concrete (FABC), or equivalent, shall be constructed thereon in accordance with Division 3, Section 10, of the New Jersey Department of Transportation Specifications and amendments thereto.
(b)
Parking space areas and other areas likely to experience light traffic shall be paved with not less than three (3") inches of compacted base course of plant-mixed bituminous stabilized base course, or equivalent, prepared and constructed in accordance with Division 3, Section 2A of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (1961) and amendments thereto. At least one and one-half (1-1/2") inch compacted wearing surface of bituminous concrete (FABC), or equivalent, shall be constructed thereon in accordance with Division 3, Section 10, of the New Jersey Department of Transportation Specifications and amendments thereto.
8.
Landscaping in parking and loading areas shall be shown on the site plan. Trees shall be staggered and/or spaced so as not to interfere with driver vision, have branches no lower than six (6') feet, and placed at the rate of at least one (1) tree for every twenty (20) parking spaces. All areas between the parking area and the building shall be landscaped with trees, shrubs and ground cover. Any plantings which do not live shall be replaced within one (1) year or one (1) season. A majority of the parking areas for more than fifty (50) cars shall be obscured from streets by buildings, landscaped berms, natural ground elevation, or plantings, singularly or in combination. Native vegetation shall be required in landscaped areas.
9.
Minimum loading requirements. Adequate off-street loading and maneuvering space shall be provided for every use. The minimum number of spaces shall be based on the Off-Street Parking and Loading requirements in Section 17-22. Those uses not listed shall provide sufficient spaces as determined under site plan review.
(a)
A minimum of one (1) space for use except that where more than one (1) use shall be located in one (1) building or where multiple uses are designed as part of a shopping center or similar self-contained complex, the number of loading spaces based on the number of square feet within the building or complex; dispersed throughout the site to best serve the individual uses; and have site plan approval.
(b)
There shall be a minimum of one (1) trash/garbage pickup location separate from the parking and loading areas and located either within or outside a building in steel-like, totally enclosed container(s) located and screened to be obscured from view from parking areas, streets and adjacent residential uses or residential zoning districts. If located within the building, the doorway(s) may serve both the loading and trash/garbage collection functions. If a container used for trash/garbage collection functions is located outside the building, it may be located adjacent to or within the general loading area(s) provided the container(s) in no way interferes with or restricts the loading and unloading functions.
10.
Minimum parking requirements. The number of off-street parking spaces for each use shall be based on the "Off-Street Parking and Loading Requirements" in each zone. Where a particular function contains more than one (1) use, the total parking requirements shall be the sum of the component parts.
11.
Location of parking and loading areas.
(a)
Loading spaces shall be located on the same lot as the use being served, and shall be located to directly serve the building for which the space is being provided. Parking spaces shall be located at least twenty (20') feet from any building.
(b)
No loading and parking spaces shall be located in any required buffer area.
(c)
Parking spaces located to serve residential uses shall be within one hundred fifty (150') feet of the entrance of the building and within three hundred (300') feet of commercial/industrial uses.
(d)
No parking shall be permitted in fire lanes, streets, driveways, aisles, sidewalks, or turning areas.