Berlin City Zoning Code

Where an Official Map or Master Plan has been adopted, the development shall conform to said map or plan.

Suitability of lots. Any lot(s) or portions of a lot which, in the judgment of the approving authority, are undevelopable or in some manner may create or generate conditions inimical to the public health, safety, morals or welfare may be denied either subdivision or site plan approval, in whole or in part. The reason(s) for denial shall be related to such matters as, but not limited to, deficient street access or street design standards such as grade, width or construction standards; improper drainage; noncompliance with Pinelands, soil erosion, wetlands, stream encroachment, or flood hazard requirements; insufficient lot area, lot dimensions, buildable area, or setbacks; inadequate water or sewer service; insufficient on-site traffic circulation, parking or loading; insufficient stormwater control; or conditions related to unsafe sight distances, hazardous or toxic materials, air/water/ground pollution or excessive off-site impacts related to lights, noise, odors, traffic congestion or unsafe ingress and egress. Where one or more lots in a subdivision are denied or where development plans for portion(s) of a lot are denied, those areas shall be redesigned to either serve some other permitted activity or use or be attached to an approvable lot, or be deed restricted to open space until the deficiencies are remedied.

Plats straddling Borough boundaries. Access to lots within the Borough shall be from within the Borough. New lots shall also use the Borough boundary as the lot line to avoid new lots straddling the boundary.

All work and material shall be in accordance with the Standard Specifications of the New Jersey Department of Transportation, latest edition.

Apartments and townhouses shall have site plan approval and be served by public water and sanitary sewers.

Each overall development shall have a compatible architectural and landscaping theme with variations in design to provide attractiveness to the development. Each project shall specify how each of the following considerations has been incorporated into the overall plans: landscaping and natural features such as wooded areas, drainage courses, soil conditions and topographic relief. The plans shall indicate how building design features have been considered and selectively used within the project such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing roof lines and floor designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singly or in combination.

The configuration of structures may be any alignment that meets the yard requirements and does not exceed a length of 200 feet when measured through the center line of the building. Any passageway between two structures which has a roof attached to both structures shall be included in calculating these lengths. Townhouse structures shall have not less than three nor more than eight units in one overall structure.

No dwelling unit shall have a living area lower than the finished grade along the front of the structure, except that on side hill locations the number of stories above ground on the uphill side shall not exceed two with a third story permitted above ground on the downhill side. The height of the building measured from the foundation on the downhill side shall not exceed 40 feet.

All required open space shall be improved for the purposes intended as shown on the plan.

The location of any recreational facilities shall consider the proximity of structures, type of recreational facility, noise level and evening illumination which may create nuisances for residents. The periphery of any recreation area shall be no closer to a residential structure than the minimum yard for that structure.

Applicability. This section shall apply to all buildings located in the Central Business District (C-1) and to any building located in an Institutional District (INST) fronting on the White Horse Pike between Berlin-Cross Keys Road and Taunton/E. Taunton Avenues, collectively called the CBD in this section.

Purpose. The CBD is the traditional center of commerce in Berlin Borough and is the location of municipal government and other important institutions. As is common with other traditional centers, it was developed over time into a compact, pedestrian-oriented shopping district. This is contrasted with the highway-oriented commercial development developed at a later period along Route 73 and other portions of Route 30. The CBD has a unique character that with inappropriate development or redevelopment will result in unproductive and ineffective land use. The design guidelines have two purposes. The first is to underscore and reinforce the existing character of the district. This section acts as a guide for applicants to ensure that new construction and the rehabilitation of buildings and structures occur in a manner consistent with the character of the CBD. Second, it functions as a business development tool to assist in the preservation of property values, prevention of blight and community support for its improvement.

General principles of the CBD design standards.

Prohibited design elements. The following design elements shall not be used in the CBD:

Building materials.

Facade articulation.

Building entrances.

Awnings, mansard and pent roofs.

Building lighting.

Fences, railings and walls.

Site furniture.

Sidewalk and pedestrian circulation.

Utilities and equipment screening.

Landscaping. In addition to the requirements of §§ 335-45 and 335-77C for street trees and the landscaping of parking lots and sites, the lower portion of vehicles shall be visually blocked from view from public rights-of-way. Landscaping may be required in front of any wall used for the screening of parking lots or unimproved lots or behind the wall to provide additional screening of parked vehicles at the direction of the Planning Board.

Loading dock screening.

Site-specific standards. The following illustrations shall be utilized in the review of facade improvements to the CBD. Developers required to submit an application for development in the CBD shall conform to the standards specific to the block, lot and street addresses as indicated on the illustrations or shall propose an alternative design that is consistent with the intent and purpose of this section as determined by the Planning Board. In the event that the illustrations do not depict existing conditions, the applicant shall propose a building design that meets the intent and purpose of this section and standards herein.[1]

The purpose of this section is to provide two methods of preserving land for private open spaces, common property, conservation areas, floodplains and/or a variety of public uses such as school sites, recreation areas, parks and other public purposes. These areas are able to be created by permitting a reduction in lot sizes without increasing the permitted number of lots or dwelling units. In cluster designs, all lots are reduced in size and concentrated in selected areas in order to generate other areas that are to be dedicated to open space and retained in common ownership. In lot size averaging, some lots are reduced in size while others are increased in size in order to maintain the average lot size required in the zoning district. Under lot size averaging, none of the lots created is intended for common property, but one or more of the larger lot(s) can be for open space or public purposes and/or provide a mix of lot sizes to serve the permitted uses.

Developments using either cluster or lot size averaging may be approved in accordance with the following standards where cluster and lot size averaging are permitted under the zoning regulations:

Lands offered to the Borough shall meet the following requirements:

Monolithic concrete curb and gutter or concrete curb, as directed by the approving authority, shall be installed along every street within the development and along all abutting existing roadways where curbing does not exist. Curbs shall be set in accordance with approved lines and grades. Radial curbs shall be formed in an arc segment on a smooth curve, except as set forth in Subsection D below. Chord segments are prohibited. Standard sections shall be 10 feet in length. An applicant may submit an alternative curb design using Belgian block, provided that the design is consistent with the requirements of this section. Details of a Belgian block curb alternative shall be submitted for review and approval by the Engineer and acceptance by the approving authority.

At street intersections and all other locations designated by the approving authority, ramps for bicycles and/or wheelchairs shall be provided in accordance with the Design Standards for Curb Ramps for the Physically Handicapped, prepared by the New Jersey Department of Transportation.

Materials. All work and material shall be in accordance with the Standard Specifications of the New Jersey Department of Transportation, latest edition.

Methods of construction.

Residential site improvement standards. As part of and as a condition for approval for each application for all development or site plans, other than applications for variances, signs, minor site plans, and conditional uses, the applicant shall comply with the residential site improvement standards promulgated at N.J.A.C. 5:21-7.1 through 5:21-7.6, as amended, and except as otherwise listed herein.

General.

Underdrains.

Pipes.

All major bridges and culverts shall be designed for one-hundred-year-storm flow capacities.

Land designated as a flood hazard area shall not be designed for residential occupancy nor for any minimum yard areas nor for any other purpose which may endanger life or property or aggravate the flood hazard. Such land shall be considered for open spaces, extended yards or other similar uses in accordance with the floodplain regulations.

Where any development is traversed by a watercourse, a drainageway or drainage system or a channel or stream, a drainage easement shall be provided and dedicated to the Borough conforming substantially with the lines of such watercourse with such further width as will be adequate to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the Borough. A minimum of 15 additional feet beyond the bank top on at least one side of the drainage easement shall be provided for access to the drainage easement. The easement shall meet the minimum widths and locations shown on any adopted Official Map or Master Plan or as required under § 335-41, Easements.

Lots shall be graded to secure proper drainage away from the buildings. Additionally, drainage shall be provided in a manner which will prevent the collection of stormwater in pools or other unauthorized concentrations of flow, and, to the greatest extent possible, water shall not flow across adjacent property lines.

Stormwater management features and structures.

Approval of drainage structures shall be obtained from the appropriate municipal, county, state and federal agencies and offices. Final approval shall not be effective until letters of approval from the proper governmental authorities are furnished to the secretary of the approving authority with a copy of each letter forwarded to the Borough Engineer.

When required by the Borough and as indicated on an approved development plan, a drainage right-of-way easement shall be provided to the Borough where the tract or lot is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream. The drainage right-of-way easement shall conform substantially to the lines of such watercourses and, in any event, shall meet any minimum widths and locations as shown on any adopted Official Map or Master Plan. Such easement shall be expressed on the plat as follows: "Drainage easement granted for the purposes provided and expressed in the Zoning Ordinance of Berlin Borough."

All construction shall be in accordance with the construction standards promulgated by the Borough Engineer.

Developments and site plans that are granted variances or exceptions from the stormwater management design and performance standards shall be required to perform off-site improvements for the purposes of increasing water quality, increasing groundwater recharge, and/or reducing flooding. The effect of off-site improvements shall be equal to or greater than the shortfall granted as a variance or exception, as determined by the Planning Board. The off-site improvements shall be performed within the same HUC-14 zone as the proposed development or site plan. If no off-site improvements are necessary within the same HUC-14 zone, then off-site improvements shall be in another HUC-14 zone within the municipality. The list of HUC-14 mitigation plans is available through the Planning and Zoning Department. In order to grant a variance or exception, the Borough must submit a written report to the Camden County Stormwater Management Coordinator and the NJDEP Division of Watershed Management describing the variance or exemption and the required mitigation, in accordance with N.J.A.C. 7:8-4.6.

The entrance to the street shall be at an angle between 75º and 105º with the intersecting street.

The portion of the driveway between the street right-of-way and the cartway (including the apron and sidewalk) shall be paved with concrete (four-thousand-two-hundred-pounds-per-square-inch strength and six inches thick).

Curbing shall be either depressed at the driveway or have the curbing rounded at the corners with the driveway connected to the street in the same manner as another street.

The grade of a driveway shall not exceed 10%.

Driveway pavement widths, exclusive of any parking bay, turnaround and curb return, shall be as follows:

The minimum distance to street intersection shall be 50 feet.

There shall be a maximum of one driveway per single-family lot unless the lot is greater than 150 feet wide, in which case the maximum is two driveways. Nonresidential uses shall be limited to no more than two to any one street, and they shall be at least 300 feet apart and located no closer than 200 feet to a street intersection or adjacent property line.

Driveways shall be located the following distances from lot lines other than street rights-of-way, except that where two lots share a driveway, the driveway may either abut or overlap the common lot line:

Residential driveways exiting onto collector and arterial streets or streets with posted speeds above 25 miles per hour, shall have a turnaround area on site so vehicles can exit onto the street in a forward direction and will not back out onto the street.

Driveways to nonresidential sites are to be constructed to accommodate the type and frequency of expected delivery vehicles. Where the type of vehicle is not known, the WB-50 design vehicle (i.e., tractor-trailer with a fifty-foot wheelbase) shall be used.

All easements affecting the property which is the subject of an application for development shall be plotted on the preliminary and final plat and shall be clearly labeled as to the type of easement. These may include, but are not limited to, easements for shade trees, wetlands, wetland transition areas, drainageways, streams, flood hazard areas, conservation, cross easements for access, walkways, utilities, sight triangles and stormwater management.

Utility and drainage installations not located in public or utility rights-of-way and all easements shall be located along side and/or rear lot lines where possible. Such easements shall be of sufficient width to accommodate the facilities, including access and work space for maintenance vehicles. No easement, for whatever purpose, shall be less than 15 feet in width.

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

All easements shall be dimensioned to allow an accurate location of the easement. Each type of easement shall be identified in a note on the plat as to the purposes, restrictions and conditions applicable within the easement, which language shall be placed in each property deed.

Internal grading of a lot as by swale, berm or other topographical feature designed to intercept or direct waters shall either be designated as an easement on the plat or be dedicated by recorded instrument in such a way as to notice future owners of said easement and ensure continued maintenance of the drainage feature.

Fire hydrants shall be installed along all streets as shown on the approved preliminary plat and as approved by the Borough Fire Marshal and/or Fire Department.

Fire hydrants shall be as manufactured by the Mueller Valve Companies, or equivalent. Operating and cap nuts shall be one-and-one-half-inch pentagons. They shall be equipped with two hose nozzles and one steamer nozzle, size and threads to be in accordance with local fire company requirements. They shall have a provision for a six-inch connection to the main. The minimum valve opening for the hydrant shall be 4 1/4 inches.

Where state or federal agencies have or will publish any reports which clearly delineate by contours the one-hundred-year flood hazard design elevation of a watercourse, said report shall be the officially delineated flood hazard area as if said report were published in this chapter. Where no such delineation has been mapped, the one-hundred-year floodplain shall be as delineated by a developer's engineer and approved by the Borough Engineer and the New Jersey Department of Environmental Protection, Division of Water Resources.

On any lot containing a floodway or a flood-fringe on which it is proposed to regrade and/or construct an improvement, the regrading and/or construction shall not be permitted unless the proposed development and use are permitted by this chapter, plat approval has been granted and the required permit has been issued by the New Jersey Department of Environmental Protection, Division of Water Resources.

Membership shall be mandatory by all property owners, condominium owners, stockholders under a cooperative development and other owners of property or interests in the project. Membership responsibilities shall be in writing between the organization and each member in the form of a covenant with each agreeing to liability for a pro rata share of the organization's costs.

The organization shall be responsible for liability insurance (with the Borough carried as a named insured), taxes, maintenance and any other obligations assumed by the organization and shall hold the Borough harmless from any liability. The organization shall not be dissolved and shall not dispose of any common open space or common property by sale or otherwise, except to an organization conceived and established to own and maintain such open space or property for the benefit of such development. Thereafter, such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the Borough.

The organization shall be allowed to adjust the assessment upon each member's property in order to meet changing needs.

The organization shall clearly describe in its bylaw the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and articles of incorporation of the organization. The master deed shall state that every tenant and property owner shall have the right to use all common properties. These rights and obligations shall be set forth as a condition of approval and shall be submitted to the approving authority prior to the granting of final approval. These documents shall contain a clause indicating the rights of the Borough to maintain common properties at the expense of the property owners as set forth in Subsections E and F below.

The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that in the event that such organization shall fail to maintain the common open space or common property in reasonable order and condition, the Borough Council may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the common open space or common property in reasonable condition. Said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof. In the event that the deficiencies are not cured within 35 days, a hearing shall be held on the matter by the Borough Council. The Borough Council shall schedule the hearing after the expiration of the thirty-five-day period. The notice of the hearing shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice. At such hearing, the designated Borough body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which the deficiencies shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Borough, in order to preserve the common open space and common property and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the common open space and common property, except when and if the same might be voluntarily dedicated to the public by the owners. Before the expiration of said year, the Borough Council shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property, call a public hearing upon 15 days' written notice to such organization and the owners of the development to be held by the Borough Council, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough Council, continue for a succeeding year. If the Borough Council shall determine that such organization is ready and able to maintain said open space and property in reasonable condition, the Borough shall cease to maintain said open space and property at the end of said year. If the Borough Council shall determine that such organization is not ready and able to maintain said open space and property in a reasonable condition, the Borough Council may, in its discretion, continue to maintain said open space and property during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Borough Council in any such case shall constitute a final administrative decision subject to judicial review.

The cost of any maintenance by the Borough shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and common property in accordance with the assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.

A landscaping plan prepared by a landscaping architect shall accompany every major subdivision and site plan. Landscape plantings shall be as listed on the document entitled “Recommended Trees for Berlin Borough Streets and Recommended Plantings for Landscaped Areas within Developments,” which is available through the Planning and Zoning Department.

All lot areas not covered by structures or paving shall be seeded or sodded, or stabilized by other ground cover or plantings as approved on the landscape plan.

Requirements for planting in the buffer area.

Parking and loading areas for apartment and townhouse developments and for commercial, office, industrial and other nonresidential uses shall be buffered from adjoining streets and single-family residential zoning districts in a manner meeting the objectives of § 335-77C, Buffers.

Parking and loading areas shall be landscaped.

The approving authority shall have the power to waive any of the requirements or details specified above if it determines an adequate buffer can be provided in less than 20 feet while maintaining the purposes of this section. The approving authority, when considering waiving any of the buffer requirements, shall review the proposed plat and the standards and purposes of N.J.S.A. 40:55D-1 et seq. and, to these ends, shall consider the location of buildings, parking areas, outdoor illumination and other features such as topography; trees; streams; the efficiency, adequacy and safety of the proposed layout of driveways, streets, sidewalks and paths; the adequacy and location of existing green areas and buffer areas; the adequacy and location of screening and parking areas; structures and uses; and such other matters as may be found to have a material bearing on these standards and objectives.

Buffer areas, parking and loading areas, and other green areas shall use attractive low-maintenance native vegetation, which requires less fertilizing and watering, or landscaping stones. Planting areas and green areas shall also be used, where feasible, to disconnect impervious areas for the purpose of providing increased water quality benefits.

All plans for landscape areas shall address postconstruction restoration and maintenance. Maintenance shall include, but not be limited to, an inspection schedule, weeding, and/or mowing.

Each lot shall abut a paved public street. Insofar as is practical, side lot lines shall be either at right angles or radial to street lines. Extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions acknowledged and approved by the approving authority.

Through lots with frontage on two streets are permitted, provided that:

Extra width for street widening in accordance with an adopted Master Plan or Official Map shall either be dedicated or, if not dedicated, be anticipated by increasing the setback and lot size of each abutting lot in anticipation of future right-of-way acquisition. (See § 335-77H, Lots).

Whenever land is dedicated to the Borough in order to meet the minimum street width requirements or to implement the Official Map or Master Plan, and the lot existed on the effective date of this chapter, the Construction Official shall not withhold a construction and/or occupancy permit when one or more lot dimensions and/or area might have been rendered substandard due to such dedication and the owner has no adjacent lands to meet the minimum requirements.

Lots shall be required to have such additional area or dimensions as may be necessary to assure meeting the minimum lot area as well as the minimum front, side and rear yards all located in contiguous areas as identified in the definitions of "lots" and "yards" in order to assure the suitability of the lot for its intended purpose.

Purpose. The purpose of this section is to assist in the implementation of the Housing Element and Fair Share Plan of the Borough of Berlin in meeting its constitutional obligation to provide the realistic opportunity for low- and moderate-income housing.

Required participation; percentages of lower-income housing.

(Reserved)

(Reserved)

Administering and monitoring costs of lower-income units shall be in accordance with Chapter 193, Affordable Housing, of the Code of the Borough of Berlin.

Wooded areas and specimen trees. In areas proposed for new development, care shall be taken to preserve wooded areas, selected specimen trees and trees greater than twelve-inch caliper. All tree clearing shall be limited to a critical area of 20 feet beyond the driveway and building footprint. (See also § 335-60, Shade trees, and § 335-63, Soil erosion and sediment control.)

In areas of proposed new development including individual residential lots, the proposed grading shall generally conform to the existing surrounding areas. Development shall not adversely affect adjacent properties or sensitive areas and features on the site. If the Borough Engineer determines that excessive filling is proposed, the permit application will be referred to the Planning Board and the applicant shall apply for a design waiver.

See also in Article V, § 335-39, Drainage; § 335-43, Floodplain regulations; § 335-64, Stormwater runoff; and in Article VI, § 335-77K, Pinelands.

Before the final approval of a major subdivision or major site plan, the approving authority shall require, in accordance with the standards of the Borough's land development regulations, the Borough Master Plan land use, circulation, utility service or recreation plan elements, the Borough Official Map or Borough redevelopment plan, the payment of the developer's pro rata share of any or all of the following off-site and off-tract improvements which are necessary or appropriate for the protection of the public interest by reason of the development's impact on property beyond the boundaries of the developer's property: street improvements, water systems, sewerage, drainage facilities, and recreation facilities and any easements and appurtenances associated with said improvements. The pro rata share for off-site and off-tract improvements shall be determined as follows:

Essential off-site and off-tract improvements. The approving authority may require the developer to install the following essential improvements or furnish a performance guaranty in lieu thereof, with the total cost of the necessary improvements borne by the developer:

Advisable off-site and off-tract improvements. Where the approving authority finds that off-site and off-tract improvements would be advisable to promote the objectives of this chapter, and the improvements can be most appropriately accomplished in connection with the development, particularly where they would be a local improvement by the Borough with the costs assessed against all properties specially benefited thereby, including the property of the developer, then the following provisions shall apply:

All off-site and off-tract improvements shall conform to the same design and performance standards as the on-tract improvements.

Access to parking lots. (See § 335-40, Driveways.)

Access to parking and loading spaces. Individual parking and loading spaces shall be served by on-site aisles or driveways to permit each motor vehicle to proceed to and from each space without moving another vehicle. No parking or loading space shall have direct access to or from a major driveway or aisle. Where the angle of parking is different on both sides of the aisle, the wider aisle width shall be required. Intersecting driveways, aisles and access drives shall be as nearly at right angles as possible but in no case less than 75º. Intersecting driveways, aisles and access drives on-site shall be set back a minimum of 50 feet from a public street right-of-way if the intersection is a four-way intersection and a minimum of 20 feet if the intersection is a T-intersection.

Buffers and landscaping. See § 335-45, Landscaping.

Curbing. Off-street parking areas containing six or more spaces and all off-street loading areas shall be curbed. Curbing installed at crosswalks and bikeways shall have barrier-free curb ramps constructed in accordance with the Design Standards for Curb Ramps for the Physically Handicapped of the New Jersey Department of Transportation. The use of flush curbs that allow overland flow to vegetated swales or landscaped areas is encouraged. In areas where parking stalls are perpendicular to flush curb, anchored wheelstops shall be installed. Landscaped parking stall dividers and radius curbing at parking islands shall have full reveal curb to protect the landscaped areas from traffic.

Dimensions.

Drainage. All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice as approved by the Borough Engineer and in accordance with the drainage provisions in § 335-39, Drainage. Where subbase conditions are wet, springy or of such nature that surfacing would be inadvisable without first treating the subbase, soil borings shall be taken and these areas shall be excavated to a depth of at least six to 12 inches below the proposed subgrade and filled with a suitable subbase material as determined by the Borough Engineer. Where required by the Engineer, a system of porous pipe subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material shall be applied.

Surfacing. All parking and loading areas shall be paved. Surfacing shall be approved as part of the plan and be not less than four inches of compacted base course of plant-mixed bituminous stabilized base course constructed in layers not more than two-inches compacted thickness, or equivalent, and a minimum two-inch-thick compacted wearing surface of hot mix asphalt, or equivalent. All shall be constructed in accordance with the Standard Specifications of the New Jersey Department of Transportation. Where heavy traffic can be anticipated, a separate paving cross section shall be submitted and approved as part of the plat approval. To provide increased groundwater recharge, the use of pervious paving materials is encouraged, especially in overflow-parking areas. The stormwater runoff calculations will treat pervious paving areas as impervious.

Minimum parking and loading requirements. See § 335-77J.

Electricity. Electrical equipment shall be shielded so there is no interference with any radio or television reception beyond the operator's property. Electric transmission lines between substations and other major equipment within the utility company's power grid, as opposed to service lines to individual homes and consumers, shall be located and/or configured to minimize electric and magnetic fields upon neighboring homes and businesses having concentrations of people. New developments shall be set back from transmission lines as set forth in the zoning regulations.

Glare and vibration. No use shall direct or reflect a steady or flashing light or an impact or steady vibration that is detectable beyond its lot lines. Where such conditions might exist on site, proper shielding shall be provided, such as but not limited to fixtures designed to cut off the light at certain limits, berms, vegetative screens, walls, fences or locating a businesses light-generating operation inside a building. Exterior lighting and any lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light, flashes or reflection will not interfere with the normal use of nearby properties, dwelling units and streets. Also, see § 335-46, Lighting.

Air, water and environmental pollution. No use shall emit heat, odor, fumes, smoke, dust, vibrations, noise or any other pollutant into the ground water or air that exceeds the most stringent applicable state and federal regulation. No construction permit or certificate of occupancy shall be issued for any use where a state permit is required until the state has ascertained and approved the level of emission, quality of emission, type and quality of emission control, level of monitoring to be conducted by the state and such other state regulations governing the emission of pollutants into the ground, water or air.

Storage and waste disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they can be transferred off the lot, or into the ground, directly or indirectly, by natural forces such as precipitation, surface water, evaporation or wind. All materials or wastes which might create a pollutant, be a safety hazard or be a health hazard shall be stored indoors and/or be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property, except under conditions approved by the Fire Department. Liquid wastes and effluents shall be discharged into an approved existing sewage treatment plant in accordance with that plant's regulations, or such industrial use shall treat its own wastes and effluents in a treatment plant or process which is in compliance with the state statutes and with the requirements of the State Department of Health and § 261-18, Permit required; application requirements, of the Code of the Borough of Berlin.

Hazardous/toxic materials. The applicant shall provide the data required in § 335-30B(2)(b) and shall incorporate in the site plan the appropriate means for handling, storage, cleanup and emergency responses consistent with the type and amount of hazardous and/or toxic materials to be on site and any approvals required of NJDEP or other regulatory agencies.

Microwave transmissions. Microwave transmission devices shall be located, angled, shielded, elevated or otherwise positioned so persons cannot intercept and interfere with the transmission signal.

All public services shall be connected to approved public utilities' systems and shall be adequate to handle all present and probable future development.

The developer shall arrange with each servicing utility for the underground installation of electric, telephone and cable television distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Regulatory Commissioners. In the event that existing overhead distribution lines are moved, they shall be installed underground. Electric distribution lines are distinguished from electric transmission lines (see definitions).[1]

Subdivisions of three or more lots or developments resulting in more than 15,000 square feet of new floor area, which abut existing overhead electric, telephone or cable television distribution supply lines may be served from the overhead lines, but the service connections from these overhead lines shall be placed underground. In the event that the existing overhead lines are required to be relocated, the relocated portion of the lines shall be placed underground.

Where existing year-round screening of a utility apparatus appearing above ground is not adequate, other than utility poles, the applicant shall provide sufficient live screening and fencing to conceal the apparatus year round.

Any installation under this section to be performed by a servicing utility shall be exempt from the requirement of performance guaranties, except as noted in § 335-14H, but shall be subject to inspection and certification by the Borough Engineer.

In any nonresidential development there shall be either an indoor or outdoor area for the collection and storage of recyclable materials and other solid wastes. The dimensions of this area shall be sufficient to accommodate recycling bins or containers of adequate size and number to be consistent with the anticipated usage and the methods of collection in the Borough.

The recycling area shall be conveniently located. Each recycling site should be near but clearly identified and separated from the area intended for the collection of solid waste.

All collection areas shall be well lit for convenience and safety and shall be designed and sized to accommodate collection vehicles. Collection vehicles shall be able to access the collection areas without interference from parked vehicles or other obstacles. Reasonable measures shall be taken to protect all collection areas, bins and containers against theft.

The collection areas, bins and containers shall be designed to provide protection from the weather and avoid having material blow around the site. Any bins or containers used for recyclable paper or cardboard shall be equipped with a lid or be indoors or otherwise covered so as to keep the paper and cardboard dry.

Signs identifying the materials to be accepted shall be posted adjacent to the recycling area. Individual bins or containers shall be marked to indicate the materials to be placed in them. The area designated for the collection of all other solid waste shall have a separate sign.

Landscaping and/or fencing shall be provided around all collection areas.

The developer shall provide the necessary facilities required by the Camden County Municipal Utilities Authority to connect each use to the Borough of Berlin sewage collection system.

If any part of the collection system must be installed outside streets or other existing public rights-of-way, the developer shall provide the necessary rights-of-way or easements (see § 335-41, Easements).

Sanitary sewer pipe shall be sized for full flow from the tract. The Borough Engineer may require larger pipe, sized to accommodate future extensions.

Minimum grades at terminal runs of all sanitary sewer lines shall be 7%.

Manholes shall be placed at every point where the sanitary sewer line changes direction. In no instance shall the spacing exceed 300 feet.

Prior to final approval, the Borough Engineer shall inspect and, in writing, approve all sanitary sewer designs which will become a part of the Borough facilities.

Materials.

Methods of construction.

Pumping stations. The following are the minimum standards that are required for the sanitary sewer pumping stations that are to be dedicated to the Borough:

All shade trees to be planted shall have a minimum diameter of three inches measured at breast height above the ground and shall be as listed on the document entitled “Recommended Trees for Berlin Borough Streets and Recommended Plantings for Landscaped Areas within Developments,” which is available through the Planning and Zoning Department. Trees shall be planted at a distance of not more than 40 feet from each other and parallel to and at a distance of 12.5 feet from the curbline or edge of pavement and shall be balled and burlapped, nursery-grown, free from insects and disease and true to species and variety. Stripping trees from a lot or filling soil around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees. Dead or dying trees shall be removed and dead limbs trimmed by the developer prior to the issuance of a certificate of occupancy.

Shade tree easement. An exclusive shade tree easement dedicated to the Borough shall be recorded on the subdivision deed or the final subdivision plat. The easement shall be five feet wide along all streets. The deed or final plat shall contain a statement that provides for the planting of shade trees within the easement at a distance of not more than 40 feet from each other along the right-of-way, that the trees shall be the property of the Borough of Berlin and that the property owner is prohibited from relocating or purposefully causing damage to or trimming the trees other than routine maintenance. Routine maintenance shall be the responsibility of the property owner and shall commence once the developer’s maintenance period has been completed. The statement shall further state that no other easement(s) shall be allowed in the same area.

Guaranties. The developer shall guarantee that each tree shall fully survive for two years after it is planted. Upon request for release of the performance guaranty, the Borough Engineer shall inspect the shade trees and shall require that the dead or dying trees be replaced unless the developer can prove that the tree(s) was planted over two years prior to the inspection and that it was alive and not dying two years after it was planted. No maintenance guaranty shall be required for those trees planted and surviving prior to two years from the posting of the maintenance guaranty.

Parking lots shall be planted as required in § 335-77J, Off-street parking and loading requirements. (See also § 335-51, Natural features, and § 335-63, Soil erosion and sediment control.)

Pinelands; development within the Pinelands Area. See also § 335-77K.

Sight triangles shall be required at each quadrant of an intersection of streets and at intersections of streets and driveways. The area within sight triangles shall be either dedicated as part of the street right-of-way or maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle, no grading, planting or structure shall be erected or maintained more than three feet above curb level or lower than eight feet above the same curb level, excluding street name signs and official traffic regulation signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the developer shall trim such vegetation and trees as well as establish proper excavation and grading to provide the sight triangle.

Sight triangle dimensions.

Any proposed development requiring site plan approval shall provide sight triangle easements at each driveway with the driveway classified as a local street for purposes of establishing distances. The classifications of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the approving authority at the time of the application for approval for a new street not included on the Master Plan. A sight triangle easement dedication shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Berlin Zoning Ordinance." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the zoning provisions.

General.

Applicability. This chapter shall apply to all major developments as defined in § 335-2, Definitions and word usage, as amended.

Compatibility with other permit and ordinance requirements. Borough approvals of stormwater management facilities are an integral part of development approvals but do not relieve the applicant of the responsibility to secure other required permits and approvals for activities regulated by any other applicable code, rule, act or ordinance. These provisions are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. Where this chapter imposes restriction(s) different from those imposed by any other ordinance, rule, regulation, statute or other provision of law, those provisions which are the more restrictive or impose higher standards shall control. For related Pinelands requirements, see Subsection H below.

General design considerations. Each project not exempted from the implementation of this chapter shall meet the stormwater management standards outlined in § 335-39, Drainage, and the following standards:

Design specifications. The related design parameters and basin dimensions shall be shown on the drawings.

Detention basin location.

Detention basin maintenance responsibility.

Notwithstanding any other provisions of this section, in the Pinelands Area the provisions of Chapter 336, Article II shall apply.

Streetlighting shall be provided by the developer at no cost to the Borough at intersections and other areas determined by the approving authority to be necessary for vehicular and/or pedestrian safety. Consideration shall be given to driver visibility and sight distance when vehicles enter and exit driveways and street intersections as well as potential glare to adjacent uses.

The developer shall arrange for the streetlighting, at his expense, in such manner that the Borough will not be amortizing the capital cost of the streetlight in the electric company's regular billing for electric service.

Electrical service for streetlights shall be underground, and streetlights installed as part of development applications shall be at the sole expense of the developer.

The type of streetlighting to be installed shall be a maximum of 30 feet high. The style of pole and fixture shall be submitted as part of the development application to be approved by the approving authority. The lights shall be located at each street intersection and at major driveways as determined by the approving authority. Streetlights shall be located on the same side of the street. The lights shall be one-hundred-watt mercury vapor luminaire unless otherwise specified by the approving authority. Streetlights located between intersections shall be located at crests of hills, bottom of hills, the beginning and end of curves having a radius of less than 350 feet or an internal angle greater than 30º, and such other locations as may be determined by the approving authority as necessary for public safety.

Upon notification, in writing, by the developer to the approving authority and Borough Council that the streetlighting on a dedicated public street has been installed and accepted for service by the public utility and that certificates of occupancy have been issued for at least 50% of the dwelling units and/or 50% of any floor area of nonresidential uses in the development, the Borough shall, within 30 days following receipt of the notification, make appropriate arrangements with the public utility for and assume the responsibility of the costs of the streetlighting on a continuing basis. Compliance by the Borough with the provisions of this section shall not be deemed to constitute acceptance of the street by the Borough.

All developments shall be served by paved streets with an all-weather base and pavement with an adequate crown. The arrangement of streets not shown on the Circulation Element of the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets, conform to the topography as far as practicable and allow for continued extension into adjoining undeveloped tracts.

When a development adjoins land capable of being developed or subdivided further or where it would be appropriate to have street connections as part of a convenient street system or where the implementation of the Circulation Plan of the Master Plan is intended, stub streets shall be constructed up to the appropriate lot line(s) or to the abutting street in order to provide an interconnected street system for future access between developments, more efficient public services and alternate means of emergency access.

Local streets shall be designed to discourage through traffic.

In all residential zones, development bounded by any arterial or collector street shall control access to said streets by having all driveways intersect local streets. Where the size, shape, location or some other unique circumstance may dictate no other alternative than to have a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities so it is not necessary to back any vehicle onto an arterial or collector street, and abutting lots may be required to use abutting driveways with one curb cut. All lots requiring reverse frontage shall have an additional 25 feet of depth to allow for the establishment of a buffer area. The buffer area shall be planted with nursery-grown trees and evergreens for the full length of the development. Where topography permits, earthen berms may be constructed. Berms shall not be less than four feet in height and side slopes shall be no steeper than three to one; they shall be stabilized by ground cover to prevent soil erosion and shall be planted with evergreens and deciduous trees according to a landscaping plan so as to be designed to have no adverse effect on nearby properties. All trees and evergreens planted in the buffer area shall be balled and burlapped nursery stock. Trees shall have a caliper of not less than three inches as measured at breast height. Evergreens shall be six to eight feet high. All material shall be of an approved species grown under the same climatic conditions as at the location of the development. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated. Any fencing along reverse frontage lots shall be on the development side of the buffer area so the planted material screens the fence from view when viewed from the street. Unless an alternative planting plan is approved, the buffer area shall conform to § 335-77C.

Rights-of-way. Street rights-of-way shall be measured from lot line to lot line. The continuation of an existing street shall be at the same width as the existing street unless a greater width may be required in accordance with the following schedule. Where arterial or collector streets intersect another arterial or collector street, the right-of-way and cartway shall be increased by 10 feet on the right side of the street approaching the intersection for a distance of 300 feet from the intersection of the center lines.

No development showing reserve strips controlling access to streets or another area, either developed or undeveloped, shall be approved, except where the control and disposal of land comprising such strips has been given to Borough Council.

In the event that a development adjoins or includes existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this chapter, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be anticipated in the development's design by either dedicating the additional width or creating oversized lots to accommodate the widening at some future date. The additional widening shall be for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other improvements customarily located in street rights-of-way. Where the land is not dedicated but oversized lots are created, the intention for the street widening shall be expressed on the plat as follows: "Street right-of-way easement granted to the Borough of Berlin (or county or state) to enter upon these lands for street improvement purposes provided for and expressed in the Zoning Ordinance of the Borough of Berlin." This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain any facilities installed in this dedicated area or as shown on the plat or as provided for by any maintenance or performance guaranties. If the subdivision is along only one side of a street, 1/2 the required extra width shall be anticipated.

Longitudinal grades on all local streets shall not exceed 8% and on arterial and collector streets shall not exceed 4%. The minimum longitudinal gradient shall be 0.75%. Maximum gradients of any street within 50 feet of an intersection shall be 2%.

No local street shall be part of a four-way intersection. Intersecting street center lines shall be as nearly at right angles as possible and in no case shall they be less than 75º at the point of intersection. The curblines shall be equal distances from and parallel to the center line. Approaches to all intersections shall follow a straight line for at least 100 feet measured from the curbline of the intersecting street to the beginning of the curve. No more than two street center lines shall meet or intersect at any one point. Collector and arterial streets intersecting another street from opposite sides shall be either directly opposite each other without offset or have an offset distance between center lines of at least 250 feet. Any development abutting an existing street which is classified as an arterial or collector street shall be permitted not more than one new street intersection every 800 feet on the same side of the street. In the spacing of streets, consideration will be given to the location of existing intersections on both sides of the development. Intersections shall be rounded at the curbline with the street having the following highest radius requirement determining the minimum standard for all curblines: arterial at 35 feet, collector at 25 feet and local streets at 20 feet.

Sight triangles shall be provided as required in § 335-62, Sight triangles.

When connecting street lines deflect in any direction, they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distance within the curbline shall be 160 feet for a local street, 300 feet for a collector street and 550 feet for an arterial street.

All changes in center-line gradient shall conform to AASHTO standards for vertical curves and be based on a design speed five miles per hour higher than the posted speed.

Culs-de-sac and dead-end streets.

No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets in the Borough and surrounding communities served by emergency services, so as to be confusing therewith. The continuation of an existing street shall have the same name. The names of new streets shall be a determination of and be approved by the approving authority.

Street construction.

Applicants for retail and multifamily developments, where the general public travels private roads, aisles, and driveways, shall consent, in writing, to the Borough Council to the enforcement of New Jersey Statutes Title 39, Motor Vehicles and Traffic Regulation, on the property.

Street signs shall be installed prior to issuing a certificate of occupancy.

The location of the street sign shall be determined by the Engineer, but there shall be at least two street signs furnished at each four-way intersection and one street sign at each T-intersection. All signs shall be installed free of visual obstruction and show both street names.

Each sign unit shall consist of high early Type 3 portland cement with two No. 3 reinforcing bars running the full length of the unit. Each sign unit shall be seven feet long and with 30 inches implanted in the ground. The sign unit shall be six inches by six inches the entire length of the unit, except that the last one inch shall be slightly tapered. All letters for the street names shall be 2.5 inches high. The sign shall be an aluminum plate, five inches by 36 inches in size with rounded corners. The sign background shall be 3M green reflective while the letters shall be white reflective. The signs are to be predrilled and use stainless steel hardware. The developer shall be responsible for the cost of labor and materials for installation as well as the cost of each sign unit.

Each principal building shall attach a street number in size and location as required in Chapter 111, Buildings, Numbering of, of the Code of the Borough of Berlin.