Beachwood City Zoning Code
§ 17-21.3
Performance Standards; General.
[Ord. #1/6/78, A XIX, § 3; Ord. #91-09, §§ 2, 3; Ord. #94-12, §§ 2,3; Ord. No. 2007-13 § 13; Ord. #2008-08, § 5]
a.
Electricity. Electronic equipment shall be shielded so there is no interference with any radio or television reception beyond the operator's property as the result of the operation of such equipment.
b.
Glare. No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and 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 section entitled "Lighting" in this section.
c.
Heat. Sources of heat, including but not limited to, steam, gases, vapors, products of combustion or chemical reaction shall not discharge onto or directly contact structures, plant life or animal life on neighboring uses or impair the function or operation of a neighboring use. No use, occupation, activity, operation or device shall cause an increase in ambient temperature, as measured on the boundary between neighboring uses.
d.
Radioactivity. No use, activity, operation or device concerned with the utilization or storage of radioactive materials shall be established, modified, constructed or used without having first obtained valid permits and certificates from the Office of Radiation Protection, N.J.D.E.P. Proof of compliance with this requirement shall be the submission of duplicate copies of the permits and certificates.
e.
Vibrations.
1.
Standard: Ground-transmitted vibrations shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency in the three (3) mutually perpendicular directions, simultaneously.
2.
Vibration level restrictions: Vibration levels shall not exceed a particle velocity of five-tenths (.05") inches per second in any district. During the hours of 9:00 p.m. to 7:00 a.m. in residential districts, vibration levels shall not exceed a particle velocity of two-tenths (.02") inches per second. Measurements shall be made at the points of maximum vibration intensity and on or beyond adjacent lot lines or neighboring uses, whichever is more restrictive.
f.
Airborn emissions. In all districts, no use, activity, operation or device shall be established, modified, constructed or used without having first obtained valid permits and certificates from the Bureau of Air Pollution Control, N.J.D.E.P. pursuant to N.J.A.C. 7:27-8. Specifically, no use, activity, operation or device shall be established, modified or constructed without a valid "Permit to Construct." No use, activity, operation or device shall be operated, occupied or used without a valid "Certificate to Operate Control Apparatus or Equipment." Proof of compliance with this requirement shall be the submission of duplicate copies of the Permit to Construct and Certificate to Operate.
In addition to the requirements of N.J.D.E.P., the following shall also apply:
1.
Steam emissions: No visible emissions of steam, having an equivalent opacity greater than sixty (60%) percent and excepting direct results of combustion shall be permitted within five hundred (500') feet of a residential district.
2.
Toxic matter: Emissions of chemicals, gases, components or elements, listed as being toxic matter by the American Conference of Governmental Hygienists, N.J. Department of Labor and Industry or the U.S.E.P.A. shall not exceed the threshold level, as determined in accordance with A.S.T.M.D. 1391. The emission of concentrations, levels or mass loadings in excess of the threshold value shall be permitted only if the emissions of said toxic matter comply with the applicable regulations of the N.J.D.E.P., N.J. Department of Labor and Industry, and U.S.E.P.A. Proof of compliance shall require the submission of duplicate copies of certifications or permits from N.J.D.E.P. and N.J. Department of Labor and Industry approving the concentrations, level, or loading proposed by the applicant.
g.
Odorous matter: No odor shall be emitted that is detectable by the human olfactory sense at or beyond an adjacent lot line.
h.
Noise emissions.
1.
Standard: Noise shall be measured with a sound level meter complying with the standards of The American National Standards Institute, "American Standards Specifications for General Purpose Sound Level Meters" (A.N.S.I.S.1.4-1961 or its latest revisions). The instrument shall be set to the A-weighted response scale and the metering to the slow response. Measurements shall be conducted in accordance with the "American Standard Method for the Physical Measurements of Sound" (A.N.S.I.S.1.2-1961 or its latest revision).
2.
Noise level restrictions: Noises shall not exceed the maximum sound levels specified in the table, except as designated below:
NOISE LEVEL RESTRICTIONS | ||
|---|---|---|
Performance Category | Maximum Level Permitted | Where Measured |
Residential districts | 55 dBA | On or beyond the neighboring use or lot line |
Agricultural districts | 60 dBA | On or beyond the neighboring use |
All other districts | 65 dBA | On or beyond the district boundaries |
In any residential district, the A-weighted sound levels shall not exceed forty-five (45) dBA during the hours of 9:00 p.m. to 7:00 a.m. Whenever a residential district abuts any other district, the most restrictive of the limitations shall apply. |
3.
Exclusions and permitted variations:
(a)
The levels specified in the table may be exceeded once by ten (10) dB in a single period of fifteen (15) minutes, during one (1) day.
(b)
Peak values of short duration also known as impact noises may exceed the values specified in the table by twenty (20) dB or have a maximum noise level of eighty (80) dBA, whichever is more restrictive.
(c)
Noises such as alarms, sirens, emergency warning devices, motor vehicles and other sources not under the direct control of a use are excluded from the above limitations.
i.
Storage and waste disposal.
1.
In all districts permitting such an operation use or any activity involving the manufacture, utilization, or storage of flammable, combustible and/or explosive materials, such storage shall be conducted in accordance with the regulations promulgated by the Department of Labor and Industry of New Jersey or the Fire Code of the National Fire Protection Association, whichever is more restrictive.
2.
All flammable, explosive and/or combustible material shall be stored in accordance with the National Fire Protection Association Department of Labor and Industry Codes, whichever is more restrictive.
3.
All outdoor storage facilities for fuel, raw materials and products stored outdoors wherever permitted shall be enclosed by an approved safety fence and visual screen and shall conform to all yard requirements imposed upon the principal buildings in the district and storage regulations of NFPA.
4.
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
5.
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers that are adequate to eliminate such hazards.
6.
No bulk storage shall take place within fifty (50') feet of a Stormwater Management basin/facility.
j.
Quasi-public buildings and recreational areas. Quasi-public buildings and recreational areas such as club houses, parks, schools, colleges, universities, playgrounds, swimming pools, tennis courts, etc., and other such activities operated by nonprofit membership organizations may be permitted in the districts designated, provided that they comply 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 Articles of Incorporation, trade name certificate, if any, required to be filed with the approving authority.
2.
It is ascertained by the approving authority that the proposed use is a bona fide, nonprofit organization operated solely for the recreation and enjoyment of the members of the organization and the approving authority may require names and addresses of all character members.
3.
It is ascertained by the approving authority that the proposed use in the proposed location will not adversely affect the sale and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent properties, that the design of any structures erected in connection with such use is in keeping with the general character of the district and that sufficient landscaping, including shrubs, trees, and lawns, is provided to serve as a buffer between the use and the adjoining properties and in order to assure an attractive appearance for the use.
4.
No building, structure, or active recreation facility shall be located within fifty (50') feet of the lot line of a residentially zoned lot. The maximum lot coverage shall be fifty (50%) percent.
5.
The maximum membership limit of the organization shall be fixed at the time of application and shall be commensurate to the amount of land to be used and the exact nature of the use. No further expansion of the membership shall be made unless additional land is acquired and supplementary applications are made to the approving authority.
6.
The membership roles shall be certified by affidavit annually on the first day of January, and an updated tally of all members shall be filed with the Borough Clerk within thirty (30) days signed by the secretary.
7.
Off-street parking space shall be provided at a ratio of one (1) space for each four (4) memberships permitted under the terms of this special permit or one (1) space per one thousand (1,000) square feet of floor space whichever is greater.
8.
The approving authority shall then decide the manner in accordance with the procedure provided for under this chapter.
k.
Principal use. No lot shall have erected upon it more than one (1) principal permitted use. No more than one (1) principal building shall be permitted on one (1) lot except that shopping centers, apartment and condominium projects, and industrial complexes, all receiving site plan approval, may be permitted to have more than one (1) building on a lot in accordance with standards of the zoning district in which it is located.
l.
Public utilities. All public services shall be connected to an approved public utilities system.
1.
The developer shall arrange with the servicing utility for the installation of the utilities 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 Public Utility Commissioners.
2.
The developer shall submit to the approving authority, prior to the granting of final approval, a written instrument from each servicing utility which shall evidence full compliance or intended full compliance with the provisions of this subsection.
3.
Any installation under this subsection to be performed by a servicing utility shall be exempt from requiring performance guarantees, but shall be subject to inspection and certification by the Borough Engineer.
m.
Railroad spurs. The side and rear yard requirements of the Bulk Schedule shall not apply to those portions of a lot immediately adjoining and bounded by the right-of-way of a railroad where a railroad track or spur line forms the boundary line between two (2) lots for onsite use in the industrial district.
n.
Sanitary sewers. All elements of the sanitary sewer system design and flow volume computations shall be submitted to the Borough Engineer for review and approval. Alignments outside streets shall require easements or rights-of-way in accordance with the section entitled "Easements."
o.
Service stations, public garages, filling stations.
1.
All storage areas, trash facilities, pits, lifts, and working areas shall be within a building. All lubrication, repair or similar activities shall be performed in an enclosed building and no dismantled parts shall be placed outside.
2.
All gasoline pumps, air pumps, and the pump islands shall be set back from the street line at least thirty-five (35') feet or from any other property line. A minimum space of twenty-five (25') feet shall exist between any two (2) pump islands and between any island and the service station building.
3.
No junked motor vehicle or part thereof and no unregistered motor vehicle shall be permitted outside an enclosed service station building.
4.
The proposed use shall be located on a lot of not less than twenty thousand (20,000) square feet in an area which is not located at a corner of any dangerous street intersection, and the lot lines of which are located not less than five hundred (500') feet from any school, church or library, and not less than one thousand, two hundred (1,200') feet from an existing gasoline filling station. Minimum lot width shall be two hundred (200') feet.
5.
All filling station storage tanks shall be placed in a six (6") inch-thick concrete cradle. All filler spouts, events and gauging and venting areas shall be covered by a six (6") inch-thick concrete plate. Emergency shutoff and venting equipment shall conform to the most recent federal and state requirements. The number, location, capacity and depth of all pumps and tanks shall be portrayed.
6.
Ingress and egress turning movements shall be designed and coordinated with the access points required for nearby uses, frequency of intersecting side streets, minimizing left turns off collector and arterial streets, and maintaining building setbacks compatible with the required setbacks and landscaping. The entire area of the station or garage traversed by motor vehicles shall be paved with seven (7") inches of bituminous concrete, or an approved equal.
p.
Shade trees. All shade trees shall have a minimum diameter of two and one-half (2-1/2") inches measured three (3') feet above the ground and be of a species approved by the approving authority. Trees shall be planted forty (40') feet to sixty (60') feet apart and parallel to but no more than twenty (20') feet from the curbline 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 around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to re-establish the tone of the area and to conform with adjacent lots.
Dead or dying trees shall be replaced by the developer during the next recommended planting season. Parking lots shall be planted as required in the subsection entitled "Off-Street Parking and Loading."
q.
Sidewalks. Sidewalks shall be required depending on the probable volume of pedestrian traffic, the street classification in instances where streets are involved, school bus stops, the development's location in relation to other populated areas, and the general type of improvement intended. Where required, sidewalks shall be at least four (4') feet wide and located as approved by the approving authority. Sidewalks shall be at least four (4") inches thick, except at points of vehicular crossing where they shall be at least six (6") inches thick, of Class C concrete having a twenty-eight (28) day compressive strength of four thousand (4,000) p.s.i., shall be air-entrained. The approving authority may require the replacement or repair of existing sidewalk areas consistent with the above standards. Sidewalks shall be placed on a four (4") inch layer of type 1, class A bankrun sand. Sidewalks shall not be required on streets with thirty-three (33') feet street R.O.W. Developers shall design sidewalks to discharge stormwater to neighboring lawns, where feasible, to disconnect these impervious surfaces, as well as use permeable materials, where appropriate.
r.
Sight triangles. Sight triangles shall be required at each quadrant of an intersection of streets, and streets and driveways. The area within sight triangles shall be 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 thirty (30") inches above the center line grade of either intersecting street or driveway or lower than eight (8') feet above their center lines including utility poles but 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. The sight triangle is that area bounded by the intersecting street lines and a straight line which connects "sight points" located on each of the two (2) intersecting street lines the following distances away from the intersecting street lines: arterial streets at one hundred thirty (130') feet; collector streets at sixty (60') feet; and primary and secondary local streets at thirty-five (35') feet. Where the intersecting streets are both arterial, both collectors, or one (1) arterial and one (1) collector, two (2) overlapping sight triangles shall be required formed by connecting the sight points noted above with a sight point thirty-five (35') feet on the intersecting street. 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 classification of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the Planning Board 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 Development Chapter." 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.
s.
Signs.[1] No billboards shall be erected. No sign of any type shall be permitted to obstruct driving vision, traffic signals, sight triangles, and traffic direction and identification signs.
1.
Animated, flashing, and illusionary signs. Signs using mechanical and/or electrical devices to revolve, flash, or display movement or the illusion of movement are prohibited.
2.
Attached signs. Attached signs shall be affixed parallel to the wall to which they are attached and the face of the sign shall project no more than fifteen (15") inches from the surface of the wall, and in no case shall any overhang violate or extend beyond a property line.
3.
Height. The uppermost part of an attached sign shall not exceed the base of the second floor window sill in a two (2) or more story structure, or the base of the roof or twenty-five (25') feet, whichever is lower, in either a one (1) story structure or a structure without windows. The uppermost part of a free-standing sign shall not exceed twenty-five (25') feet. The lowest portion of any sign which projects above an area traversed either by motor vehicles or pedestrians shall be at least fifteen (15') feet and ten (10') feet respectively.
4.
Illuminated signs. Illuminated signs shall be arranged to reflect the light and glare away from adjoining lots and streets. No sign shall be permitted beam, beacon or flashing illumination. All signs lighted exteriorly shall have the light source shielded from adjoining lots, streets, and interior drives. All lights shall be either shielded or have translucent fixtures to reduce off-site effects. No illuminated sign shall be of such color, location, shape or size as to cause confusion of driver perception and traffic safety.
5.
Location. Attached signs may only be located so as not to conflict with any height, obstruction to vision, and similar regulations of this chapter. Free-standing signs shall be located only in the front yard and shall be no closer to a side lot line than the minimum side yard for the principal building, but in any event no closer to a street right-of-way than twenty-five (25') feet and not located in any sight triangle.
6.
Maintenance. Signs shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.
7.
Real estate signs. One (1) non-flashing, non-illuminated, temporary sign pertaining to the lease or sale of the same lot or building upon which it is placed, situated within the property lines and the premises to which it relates and not exceeding four (4) square feet in area on any one (1) side. The sign must be removed from the premises within two (2) days after the property has been sold. Real estate signs do not require a building permit. No more than one (1) sign shall be permitted along each street on which the building has frontage. Real estate signs shall be permitted only on the lot which the sign is advertising.
8.
Sign area and dimension. Sign area shall include all lettering, wording, coloring and accompanying designs and symbols, together with the background, whether open or enclosed, but not including any supporting framework and bracing incidental to the display itself. A free-standing sign with two (2) exposures shall have a total sign area consisting of the area of one (1) side of the sign, but both sides may be used. Street number designations, postal boxes, family names on residences, onsite traffic directional and parking signs, signs posting property as "private property," "no hunting," or similar purposes, and "danger" signs around utility and other danger areas are permitted, but are not to be considered in calculating the sign area. The maximum dimension in any direction along the surface of a sign shall be as stated in each individual zone schedule.
9.
Temporary signs. No more than one (1) sign advertising the name of the building under construction, general contractor, subcontractor, financing institution, any public agencies or officials, and the professional personnel who worked on the project are permitted on a construction site beginning with the issuance of a building permit and terminating with the issuance of a Certificate of Occupancy for the structure or the expiration of the building permit, whichever comes first. Such signs shall not exceed a gross area of sixteen (16) square feet.
10.
Gasoline service stations, filling stations, and public garages where permitted only, may display, in addition, the following signs which are deemed customary and necessary to their respective business:
(a)
Directional signs or letter displayed over individual entrance doors or bays, consisting only of the words "washing," "lubrication," "import," provided that there shall be not more than one (1) such sign over each entrance or bay. The letters thereof shall not exceed twelve (12") inches in height and the total of each sign shall not exceed six (6) square feet.
(b)
Customary lettering on or other insignia which are a structural part of a gasoline pump, consisting only of the brand name or gasoline sold, lead warning sign, a price indicator and any other sign required by law and not exceeding a total of three (3) square feet on each pump.
t.
Soil erosion and sediment control. All site plans and major subdivisions shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surfaces in order to promote the safety, public health, convenience and general welfare of the community.
1.
No building permit shall be issued for any development application until all provisions of the State of New Jersey Soil Erosion and Sediment Control Act, Chapter 251, P.L. 1975 have been satisfied or waived.
2.
Development applicants shall submit to the approving authority and Municipal Engineer copies and documentation of the approval and certification of the "Soil Erosion and Sediment Control Plan" by the Regional Soil Conservation District or proof of waiver of same.
u.
Soil removal and redistribution. The excavation and grading for completion of a development shall be done in accordance with the approved plat which contains soil erosion and sediment control provisions. Excavation of soil, other than required for the construction of approved structures and supporting facilities such as but not limited to streets, driveways and parking areas, shall be prohibited. Regrading of property so as to redistribute topsoil throughout the site from areas excavated for such approved structures and supporting facilities shall be permitted, but shall be done to minimize or eliminate the erosion of soil. Any application proposing the disturbance of more than five thousand (5,000) square feet of surface area of land as defined in the Soil Erosion and Sediment Control Act (Ch 251, P.L. 1975) shall include on its plan the following: the means to control or prevent erosion, provide for sedimentation basin(s) for soil that does erode due to water, and control drainage, dust, and mud on the premises as well as abutting lands; the preservation of soil fertility and the resulting ability of the area affected to support plant and tree growth by maintenance of adequate topsoil consisting of at least six (6") inches of the original layer; maintenance of necessary lateral support and grades of abutting lands, structures and other improvements; prevention of pits and gorges which are hazardous or which provide insect breeding locations; the physical limitations and characteristics of the soil shall not be altered to prevent the use to which the land may lawfully be put; and such other factors as may reasonably bear upon or relate to the public health, safety and general welfare.
v.
Stormwater runoff.
1.
All developments shall incorporate onsite, stormwater facilities that will encourage the slowing down of the rate stormwater leaves the site. All measures used to control the rate of stormwater runoff shall comply with the Grading and Filling, Soil Erosion and Sediment Control, and Soil Removal and Redistribution provisions in this section.
2.
Where, in the opinion of the Borough Engineer, the amount of runoff from the proposed development is sufficient to justify detention basin(s), one (1) or more detention basins shall be required. The determination of the amount of stormwater runoff and whether the amount of runoff is sufficient for detention basin(s) shall be made by the approving authority upon the advice of the Borough Engineer, Environmental Commission, or Soil Conservation District. Each detention basin shall contain a primary water depth capacity which will accept all surface water directed to it from a twenty-five (25) year statistical storm. The detention basin shall have a secondary water depth capacity, which together with the primary water depth capacity will accept all surface water directed to it from a one hundred (100) year statistical storm. All stormwater runoff from the property shall be directed through one (1) or more detention basins. The primary water depth capacity shall have one (1) or more outlets permitting complete draining of the maximum capacity of the detention basin at the primary water depth in not less than twenty-four (24) hours. The same outlet(s) shall provide for draining the detention basin capacity of the primary and the secondary water depth capacity in not less than forty-eight (48) hours.
3.
Vertical holes, filled with coarse rock, may be provided within the detention basin for percolation into the soil.
4.
Impoundment/detention basins along any stream that maintains a steady flow of water throughout the year may be constructed provided any improvements designed to provide such impoundment/detention facilities shall be designed to meet the standards of the Borough Engineer and have the approval of the New Jersey Department of Environmental Protection, and shall have the proper amount of sustained water flow downstream, proper depth of water to control vegetation, and a proper design to prevent water stagnation in any part of the pond.
5.
Where storm drains are installed outside streets, easements or rights-of-way may be required.
6.
Notwithstanding the above, Stormwater Management shall be per the Residential Site Improvement Standards for all residential development and per the Stormwater Management Rules, N.J.A.C. 7:8, "All Major Development" which is currently described as disturbing one (1) or more acres.
w.
Streetlighting. Streetlighting standards of a type and number approved by the approving authority and Borough Engineer shall be installed at street intersections and elsewhere as deemed necessary by the approving authority.
x.
Streets.
1.
All development 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 Master Plan shall be such as to provide for the appropriate extension of existing streets, conform with the topography as far as practicable, and allow for continued extension into adjoining undeveloped tracts.
2.
When a development adjoins land capable of being developed or subdivided further, suitable provisions shall be made for optimum access from the adjoining tract to existing or proposed streets.
3.
Local streets shall be designed to discourage through traffic.
4.
In all residential zones, development bounded by any arterial or collector street shall control access to said streets by having all driveways intersect minor 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 onsite turnaround facilities so it is not necessary to back any vehicle onto an arterial or collector street and abutting lots shall share a common access drive. All lots requiring reverse frontage shall have an additional twenty-five (25') feet of depth to allow for the establishment of the buffers outlined below unless such buffers are established in a reserve strip controlled by the Municipality or County. That portion of the development abutting an arterial or collector street right-of-way shall either be planted with nursery grown trees to a depth of not more than the twenty-five (25') foot buffer strip along the right-of-way line and for the full length of the development so that in a reasonable period of time a buffer area will exist between the development and the highway, or, where topography permits, earthen berms may be created at a sufficient height to establish a buffer between the development and the highway. Berms shall not be less than five (5') feet in height, 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 shall be of nursery stock having a caliper of not less than two and one-half (2-1/2") inches measured three (3') feet above ground level and 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.
5.
In all developments the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street although a greater width may be required in accordance with the following schedule. Where any arterial or collector street intersects another arterial or collector street, the right-of-way and cartway requirements shall be increased by ten (10') feet on the right side of the street(s) approaching the intersection for a distance of 300 feet from the intersection of the center lines.
Classification | ROW Width | Traffic Lanes | Width Between Curbs | Total Utility and Right-of-Way Outside the Curb[2] |
|---|---|---|---|---|
Arterial | 86' | 4 @ 12' | 64' | 22' |
Collector | 60' | 2 @ 12' | 40' | 20' |
Primary Local | 56' | 2 @ 10' | 36' | 14' |
Secondary Local | 50' | 2 @ 10' | 30' | 20' |
[2]
Shall be grass stabilized topsoil, minimum four (4") inches deep.
6.
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 the Borough Council.
7.
In the event that a development adjoins or includes existing Municipal streets that do not conform to widths as shown on either the Master Plan or the street width requirements of this chapter, additional land along both sides of the street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design by creating oversized lots to accommodate the widening at some future date. The additional widening may be offered to the Municipality for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way, and shall be expressed on the plat as follows: "Street right-of-way easement granted to the Municipality permitting the Municipality locality to enter upon these lands for the purposes provided for and expressed in the Development Chapter." 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 area dedicated by ordinance or as shown on the plat or as provided for by any maintenance or performance guarantees. If the subdivision is along one (1) side only, one-half (1/2) of the required extra width shall be anticipated.
8.
Longitudinal grades on all local streets shall not exceed ten (10%) percent, nor four (4%) percent on arterial and collector streets. No street shall have a longitudinal grade of less than three-fourths of one (0.75%) percent. Maximum grades within intersections shall be four (4%) percent. The slope of the cartway from the center line to the curbline or edge of the paving shall be two (2%) percent. Where the cartway is banked to facilitate a curve in the street in the street alignment, the slope toward the curbline or shoulder shall conform to accepted engineering practice.
9.
Intersecting street center lines shall be as nearly at right angles as possible and in no case shall they be less than seventy-five (75') degrees at the point of intersection. The curblines shall be parallel to the center line. Approaches to all intersections shall follow a straight line for at least one hundred (100') feet measured from the curbline of the intersecting street to the beginning of the curve. No more than two (2) street center lines shall meet or intersect at any one (1) point. Streets intersecting another street from opposite sides shall have at least two hundred and fifty (250') feet between the two street center lines. Any development abutting an existing street which is classified as an arterial or collector street shall be permitted not more than one (1) new street every eight hundred (800') feet on the same side of the street within the boundaries of the tract being subdivided. 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 highest radius requirement as outlined below determining the minimum standard for all curblines: arterial at forty (40') feet; collector at thirty (30') feet; and local streets at twenty (20') feet. No local streets shall be part of a four (4) way intersection.
10.
Sight triangles shall be provided as required in the section entitled "Sight Triangles."
11.
A tangent at least two hundred (200') feet long shall be introduced between reverse curves on arterial and collector streets. 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 one hundred sixty (160') feet for a local street, three hundred (300') feet for a collector street, and five hundred fifty (550') feet for an arterial street.
12.
All changes in grade where the difference in grade is one (1%) percent or greater shall be connected by a vertical curve having a length of at least fifty (50') feet for each two (2%) percent difference in grade, or portion thereof, and providing minimum sight distances of one hundred sixty (160') feet for a local street, three hundred (300') feet for a collector street, and five hundred fifty (550') feet for an arterial street. Intersections shall be designed with as flat a grade as practical with the advice of the Borough Engineer.
13.
Where dead-end (cul-de-sac) streets are utilized, they shall conform to the following standards:
(a)
Dead-end streets of a permanent nature (where provision for the future extension of the street to the boundary of the adjoining property is impractical or impossible) or of a temporary nature (where provision is made for the future extension of the street to the boundary line of adjoining property) shall provide a turnaround at the end with a right-of-way radius of not less than sixty (60') feet and a cartway radius of not less than fifty (50') feet. The center point for the radius shall be on the center line of the associated street or, if offset, to a point where the cartway radius also becomes a tangent to the right of the center lines of the street, facilitating the turnaround movement.
(b)
If a dead-end street is of temporary nature, provisions shall be made for removal of the turnaround and reversion of the excess right-of-way to the adjoining properties as off-tract responsibility of the developer creating the street extension when the street is extended.
14.
No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets so as to be confusing therewith. The continuation of an existing street shall have the same name. The names of new streets must be approved by the Borough Council.
15.
Streets shall be constructed in accordance with the following standards and specifications:
(a)
Arterial streets:
Six (6") inch quarry blend stone subbase
Six (6") inch bituminous stabilized base course
Two (2") inch FABC-1 surface course
(b)
Collector and local streets:
Six (6") inch soil aggregate base course NJDOT Mix 1-5
Three (3") inch bituminous stabilized base course NJDOT Mix 1-2
One and one-half (1-1/2") inch surface course NJDOT Mix 1-5
(c)
Streets presently constructed within the Borough of Beachwood are to be considered conforming to the Borough's road specification requirements as long as they have a minimum of six (6") inch soil aggregate base course and three (3") inch bituminous stabilized base course. On or after December 1st, 1992, said streets shall be considered substandard unless they at that time meet the additional requirement of one and one-half (1-1/2") inch surface course NJDOT Mix 1-5.
16.
Notwithstanding the above provisions, the developer shall be required to follow the most current Capital Residential Improvement Standards RSIS for street classification and construction.
y.
Street signs. Street signs shall be metal on metal posts of the type, design and standard required in the street ordinance or, if there is no street ordinance in effect at the time, then as approved by the approving authority on advice of the Borough Engineer. The location of the street signs shall be determined by the Engineer but there shall be at least two (2) street signs furnished at each four-way intersection and one (1) street sign at each "T" intersection. All signs shall be installed free of visual obstruction.
z.
Swimming pools.
1.
No private residential pool shall be installed on any lot unless the lot shall contain a residence and the pool shall be accessory to the residence. The pool shall meet the side and rear yard requirements for uses in the district in which it is located. No pool shall be located in the front yard.
2.
A pool shall occupy no more than the equivalent of fifty (50%) percent of the yard area in which it is located. For purposes of calculating the area of a pool, the area shall include the water surface, the patio adjoining the pool, and any pumping, circulation, and other mechanical equipment required to operate the pool.
3.
Pools shall otherwise be installed, operated and used in accordance with other health and safety ordinances regarding water filtration, circulation and treatment, fencing, noise, and lighting.
aa.
Trailers. No trailer, auto-trailer, trailer coach, travel trailer, recreational vehicle or camper shall be used for storage or dwelling purposes or as sleeping quarters for one (1) or more persons, nor shall any such trailer or camper be used for storage or space for the conduct of any business profession, occupation or trade except that such facility may be used for temporary residence for the temporary replacement of a damaged dwelling unit and for temporary use as a construction office located on a site during construction provided a temporary permit has been issued for its use by the Construction Code Official. This paragraph shall not be construed so as to prohibit the parking or storage of such trailers, recreational vehicles and campers on private premises shall be permitted to be stored at any time within residential zones. Additionally, all motor vehicles stored upon residential property shall be in conformity with the latest edition of the International Property Maintenance Code as adopted by the Borough.
bb.
Yards. No open space provided around any principal building for the purpose of complying with front, side, or rear yard provisions shall be considered as providing the yard provisions of another principal building. On a lot which extends through a block in a manner resulting in frontage on two (2) or more streets including corner lots.
No front yard shall be used for open storage of boats, machinery or any other equipment, except upon a conforming driveway. In the event that said items are stored upon the driveway, they should not go beyond the required length and width of said driveway. Additionally, any items kept upon said property shall be in good repair and shall not be in the state of major disassembly, disrepair or in the process of being stripped or dismantled.
cc.
Water supply. The developer shall arrange for the construction of water mains in such a manner as to make adequate water service available to each lot, dwelling unit or use within the development. The entire system shall be designed in accordance with the requirements and standards of the Borough Water Department and State agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure for the present and probable future development.
dd.
Inspection, materials, testing and costs.
1.
All improvements, except electric, gas, private utility lines and telephone lines, shall be subject to the inspection and approval of the Municipal Engineer and the Utility Company shall do their own inspection.
2.
The office of the Borough Engineer shall be notified in writing at least seventy-two (72) hours prior to commencement of any phase of the project.
3.
No underground installation shall be covered until inspected and approved by the Borough Engineer.
4.
Where, in the opinion of the Borough Engineer, materials shall be tested for conformance with specifications, the property owner or developer (in the case of a subdivision) shall be responsible for all costs charged by the testing agency selected by the Borough Engineer.
5.
In the case of a subdivision, the developer shall pay all inspection fees. The developer shall deposit with the Borough Clerk five (5%) percent of the estimated cost of the improvements in the performance bond in the form of cash or certified check to cover the cost of inspections.
6.
Inspections shall be made by the Borough Engineer at the following times as a minimum. The developer shall be responsible for notifying in writing the Borough Engineer's office at least twenty-four (24) hours in advance of each of the following stages or phases of each stage:
(a)
Site clearing.
(f)
Landscaping.
(1)
Prior to installation of trees and shrubs.
(2)
Prior to sowing grass seed.
Note: | |
|---|---|
1. | No minor changes can be made to the approved site plan unless granted in writing by the Borough Engineer. Any major changes may necessitate another review by the Planning Board. |
2. | Final approval by the Borough Engineer will not be given until the project is one hundred (100%) percent completed, inspected and certified in writing by the Borough Engineer that the project has been built in accordance with the plans and specifications of the approved project. |
ee.
As-built plans.
1.
Prior to the acceptance by the Municipality of any improvement in a subdivision and the release of a performance guarantee covering same, there shall be filed with the Borough Engineer one (1) clothbacked plus one (1) transparency on cloth plus five (5) prints of "as-built" plans and profiles drawn to a suitable scale. Such drawings shall show how the improvements were actually constructed and installed and certified as to accuracy.
2.
Whenever in the opinion of the Borough Engineer as-built plans are required for improvements other than subdivisions this shall be made a condition of approval and included in the resolution. The specific requirements of the as-built plans shall be provided in writing by the Borough Engineer.