Franklin Lakes City Zoning Code
ARTICLE VIII
Design Standards for Site Plans
§ 300-69 General statement.
A.
All developments shall conform to design standards encouraging sound development patterns within the Borough. Where an Official Map or Master Plan has been adopted, the development shall conform to same.
B.
Character of land. Lands identified in the Master Plan as critical areas or having severe or moderate soil characteristics, particularly as the lands relate to flooding, improper drainage, shallow depth to water table, steep slopes, rock formations, utility easements or similar features, shall not be used as buildable areas unless adequate and acceptable methods meeting the regulations of this chapter and all other regulations are incorporated.
C.
No building permit shall be issued for a new building until engineering approval and a soil permit have been approved by the approving authority in accordance with the terms of this chapter.
D.
No building permit shall be issued for an addition to an existing building until engineering approval and a soil permit have been approved by the approving authority in accordance with the terms of this chapter.
§ 300-70 Existing permits, approvals and variances.
Nothing in this chapter shall require any changes in a building permit, site plan or zoning variance which was approved before the enactment of this chapter, provided that construction shall have been started within one year from the effective date of this chapter and the project shall be continuously pursued to completion; otherwise said approvals and permits shall be void.
§ 300-71 Off-street parking requirements.
A.
Number of parking spaces required. The number of off-street parking spaces required shall be as set forth in Table 1. If determination of the number of required parking spaces results in a fractional space, a fraction of 0.5 or higher shall require one additional parking space.
B.
Location of parking spaces.
(1)
The approving authority shall approve the location of all proposed parking spaces on the site and shall take into consideration the size and topography of the site, visibility from the site to the adjoining street as well as within the parking area, conditions of safety relating to the movement of people and vehicles and the elimination of nuisance factors, including glare, noise, dust and other similar considerations. Off-street parking shall not be located closer than 10 feet from any front yard lot line, nor closer than five feet from any side or rear lot line. These conditions shall apply to all surface and above-grade parking facilities. All parking facilities shall not be located closer than 25 feet from any two intersecting streets or within the sight triangle of any driveway and the street right-of-way, provided parking shall be setback 30 feet from any lot line where a property abuts a residential zone.
(2)
Parking spaces located to serve residential uses shall be within 150 feet of the entrance of the building and within 300 feet of commercial/industrial uses subject to site plan approval.
Table 1 Off-Street Parking Requirements [Amended 4-9-2003 by Ord. No. 1247; 2-15-2011 by Ord. No. 1512; 10-20-2015 by Ord. No. 1645; 10-16-2018 by Ord. No. 1757] | ||||
|---|---|---|---|---|
Land Use | Required Off-Street Parking Spaces (GFA = Gross Floor Area) | |||
Auto service stations | 3 spaces per bay or 1 per gas pump and 1 per bay, whichever is greater. Where a retail convenience store is located as part of a gas station property, the retail portion of the use shall provide parking in addition to that required by the gas station use at 1 space per 400 square feet of gross floor area utilized for the retail convenience store. | |||
Banks and savings institutions | 1 per 250 square feet of GFA | |||
Child-care centers | 1 per 6 children plus 1 per employee at maximum shift | |||
Flexible office/warehouse | Utilize component standards | |||
Funeral home | 1 per 150 square feet GFA | |||
House of worship | 1 per 3 seats. For benches, 1 seat equals 3 feet of linear space | |||
Industrial | 1 per 1,000 square feet of GFA | |||
Manufacturing and assembly operations | 1 per 1,000 square feet of GFA | |||
Mortuaries | 1 per seats, but no less than 25 spaces | |||
Medical or dental offices | 1 per 150 square feet of GFA | |||
Office | 1 per 250 square feet of GFA | |||
Office: HOB-RL | 1 per 400 square feet of GFA | |||
Office OB-RL | 1 per 320 square feet of GFA | |||
Restaurants | 1 per 3 seats based on maximum capacity, plus 1 per each 2 employees | |||
Residential (per N.J.A.C. 5:21-4.14) | ||||
1. | For single-family and multifamily units | Per Residential Site Improvement Standards, New Jersey Administrative Code, Title 5, Chapter 21 | ||
2. | Retirement community, senior housing, nursing home, assisted living | (See Notes 8 and 9.) | ||
Retail store, and personal service establishments | 1 per 200 square feet of GFA | |||
Schools | ||||
Elementary (K through 8) | 2 per classroom; but not less than 1.5 per teacher and staff | |||
Storage areas (primary use) | 1 per 5,000 square feet of GFA of storage area and 1 per 250 square feet of GFA of related offices | |||
Warehouse | 1 per 1,000 square feet of GFA | |||
Other uses not provided herein shall be determined by the approving authority. | ||||
Notes relating to parking requirements: | ||||
1. | Whenever there is more than one use conducted on any one premises, parking spaces shall be provided in accordance with the combined requirements of each use as shown in the above schedule or as approved by the Planning Board or Zoning Board of Adjustment or as otherwise indicated in this chapter. | |||
2. | Drive-through lanes and windows for banks and other uses, where permitted, shall be provided with room for queuing of 10 automobiles for each drive-through lane and/or window. | |||
3. | The inclusion of any use in this table is not meant to imply it is a permitted use in the Borough. See the applicable sections of this chapter for the enumeration of permitted uses. | |||
4. | Alternative residential parking standards shall be accepted if the applicant demonstrates these standards better reflect local conditions. Factors affecting minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location, and available off-site parking resources. (N.J.A.C. 5:21-4.14c) | |||
5. | A one-car garage and driveway combination shall count as 2.0 off-street parking spaces, provided that the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way. A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided that a minimum parking area width of 20 feet is provided for a minimum length of 18 feet as specified for a one-car garage and driveway combination. (N.J.A.C. 5:21-4.14d) | |||
6. | When housing is included in mixed-use development, a shared parking approach to the provision of parking shall be permitted. (N.J.A.C. 5:21-4.14e) | |||
7. | For residential uses only: When, in the judgement of the local approving authority, on-street parking is available, then only that proportion of the parking requirement which is not available on the street shall be provided in off-street parking facilities. A length of 23 feet per on-street parking space shall be used in calculating the number of available on-street parking spaces. (N.J.A.C. 5:21-4.14f) | |||
8. | The Borough recommends the following parking requirements for nursing home/congregate-care facilities. These uses are not specifically identified in the State Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.): 0.5 space for each nursing bed; 0.75 space for each independent living and assisted living unit. | |||
9. | The Borough recommends the following standards for senior citizen housing. This use is not specifically identified in the State Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.): 0.75 spaces for each one-bedroom unit and 1.25 spaces for each two-bedroom unit. | |||
C.
Parking regulations for the disabled.
(1)
In any nonresidential parking lot, designated parking spaces for disabled persons shall be required as follows (these spaces shall be considered part of the total number of required spaces):
Table 2 Required Parking For the Disabled | ||
|---|---|---|
Total Parking Spaces In Lot | Required Number of Spaces | |
Up to 25 | 1 | |
26 to 100 | 2 | |
Over 100 | 2% of total spaces in lot | |
(2)
Parking spaces for the disabled shall be located in one area and designated as parking for the handicapped. They shall be located so that access does not require wheeling or walking behind parked cars. Parking spaces for the disabled shall be at least eight feet wide with a five-foot access area located adjacent to the driver's side.
D.
Parking area design standards.
(1)
Aisle width. Provisions shall be made for the safe and adequate circulation of vehicles and pedestrians within and adjoining the subject property. Aisle widths providing direct access to individual parking stalls shall be in accordance with the standards in Table 3. Only one-way traffic shall be permitted in aisles of less than 24 feet in width.
Table 3 Minimum Aisle Width | ||
|---|---|---|
Parking Space Angle (degrees) | Minimum Aisle Width (feet) | |
0 (parallel parking) | 12 | |
30 | 12 | |
45 | 13 | |
60 | 18 | |
90 (perpendicular parking) | 24 | |
(2)
Parking stalls shall be 10 feet by 20 feet in dimension, except that parking stalls may be nine feet by 18 feet in dimension in the HOB-RL District and the RB-2 District. Notwithstanding, where reduced-size parking stalls are permitted, they are encouraged to be reserved for employees.
[Amended 2-15-2011 by Ord. No. 1512; 4-5-2016 by Ord. No. 1668]
(3)
Circulation within parking area.
(a)
All parking spaces shall be designed free and clear of any obstruction to individual parking stalls.
(b)
Parking spaces shall be located in such a fashion as to permit all vehicles to exit in a safe and orderly manner. Under no condition shall vehicles be permitted to back out of a parking lot driveway or otherwise block the free movement of traffic within the parking area or specific points of safety control, such as fire hydrants, doorways, elevators or other similar locations.
(c)
Pedestrian circulation within a parking area shall be, to as great an extent as possible, separated from vehicular traffic. Safety zones, crossing points and sidewalk areas, where warranted, shall be provided.
(4)
Driveway design criteria.
(a)
Location of driveways. All entrance and exit driveways to a public or private street shall be located so as to afford maximum safety to said roadway, to provide for safe and convenient ingress and egress and to minimize conflict with the free flow of traffic. In no case shall unrestricted access along the length of the street or streets upon which the parking area abuts be permitted.
(b)
Sight distances.
[1]
The minimum sight distances established in Table 4 shall be adhered to between a driveway and the adjoining street in accordance with the site triangle definition. Said driveway shall be designed in profile and grading shall be reviewed by the Borough Engineer.
[2]
For the purpose of this chapter, sight distance measurement shall be measured from the driver's seat of a standing vehicle, located on that portion of the exit driveway that is immediately contiguous to the traveled way, with the front of the vehicle 10 feet behind the right-of-way line of the road, with the height of the eye 3.75 feet to the top of the object 4.5 feet above the pavement.
Table 4 Minimum Sight Distance From a Driveway and Adjoining Street | ||
|---|---|---|
Maximum Allowable Speed on Roadway (miles per hour) | Minimum Sight Distance (feet) | |
25 | 175 | |
30 | 250 | |
35 | 325 | |
40 | 400 | |
45 | 450 | |
50 or More | 500 | |
(c)
Where a site is located at the intersection of two streets, no driveway entrance or exit shall be located within 50 feet of the point where the curb return of the street intersection and the curbline meet.
(d)
No part of any driveway shall be located closer than 10 feet to any side property line between the front property line and the fifty-foot building setback line, at which point the driveway must be 20 feet from the side property line. No two driveways located on the same property shall be closer than 40 feet at the front property line.
(e)
No entrance or exit drive shall be located on a traffic circle or on a ramp of an interchange or within 50 feet of the beginning of any ramp or other portion of an interchange.
(f)
Geometric design. The geometric design of a driveway connection to a public or private street shall be governed by sound traffic engineering principles. The following guidelines are utilized in preparing a geometric design, but some deviation may be necessitated from time to time due to the many variables encountered in the course of preparing a design. The applicant should be aware, therefore, that although the driveway layout may conform to these guidelines, conditions may dictate deviation from them and that the requirements of the Borough Engineer shall be final.
[1]
Two-way operation. Driveways used for two-way operation will intersect a public or private street at an angle to as near 90º as site conditions will permit and in no case will be less than 60º.
[2]
One-way operation. Driveways used for vehicles in one direction of travel (right turn only) shall not form an angle smaller than 45º with a public street.
[3]
The dimensions of driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated to be attracted daily onto the land development for which a site plan is prepared. The required maximum and minimum dimensions for driveways connecting to a public or private street at 90º are indicated in Table 5. Driveways serving large volumes of daily traffic, or traffic over 25% of which is truck traffic, shall be required to utilize high to maximum dimensions. Driveways serving low daily traffic volumes, or traffic less than 25% of which is truck traffic, shall be permitted to use low to minimum dimensions.
Table 5 Driveway Widths, Depressed Curbs and | ||||||
|---|---|---|---|---|---|---|
Curb Return Radius Standards | ||||||
One-Way Operation | Two-Way Operation | |||||
Use | Driveway Width (feet) | Depressed Curb (feet) | Curb Return Radius (feet) | Driveway Width (feet) | Depressed Curb (feet) | Curb Return Radius (feet) |
Three- to ten-family residence | 12 to 15 | 22 to 25 | 20 min./30 max. | 24 to 30 | 44 to 50 | 20 min./30 max. |
Over ten-family residence | 18 to 20 | 35 to 38 | 20 min./30 max. | 24 to 30 | 46 to 52 | 25 min./35 max. |
Commercial and industrial | 18 to 30 | 35 to 50 | 35 min./45 max. | 30 to 50 | 50 to 70 | 35 min./45 max. |
Service stations | 20 to 30 | 35 to 50 | 20 min./35 max. | 40 to 50 | 50 to 60 | 20 min./35 max. |
[4]
Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage.
[5]
Should the sidewalk be so close to the curb or a depressed curb driveway as to cause the ramp to be too steep and be likely to cause undercarriage drag, the sidewalk shall be appropriately lowered to provide a suitable ramp gradient.
[6]
The surface of any driveway shall be constructed with a permanent pavement of a type specified by standards set by the Borough Engineer. Such pavement shall extend to the paved portion of the public or private sidewalk
(g)
Guide rail breakaway cable terminals (BCT), wheel stops and parking lot striping.
[1]
Guide rail breakaway cable terminals (BCT) shall be provided in appropriate locations where required for safety purposes.
[2]
Wheel stops, permanently anchored to the ground, may be required in appropriate locations. Parked vehicles shall not overhang or extend over the sidewalk area, unless an additional sidewalk width of 2 1/2 feet is provided to accommodate such overhang.
[3]
Parking stalls, driveways and aisles shall be clearly marked and delineated. The approving authority may require that certain areas be maintained for fire-fighting purposes or other emergency purposes. These areas, as well as other pavement signage, shall be appropriately designated
(h)
Minimum and maximum grades in parking area. The minimum and maximum parking grades shall be in accordance with the following requirements:
Table 6 Minimum and Maximum Grades of Parking Areas | |||
|---|---|---|---|
Use | MaximumGrade (%) | Minimum Grade (%) | |
Parking stalls and service aisles | 6 | 1/2 | |
Main approach walkways to buildings | 4 | 1/2 | |
Swales | 10 | 2 | |
Principal circulation aisles | 8 | 1/2 | |
Driveways: entrances and exits | 6* | 1/2* | |
(*) NOTE: For a distance of 100 feet from the street right-of-way line. | |||
(i)
Maintenance of off-street parking and loading area. Every parcel of land used as a public or private off-street parking or loading area shall be maintained in good condition, free of hazards and deterioration. All pavement areas, sidewalks, curbs, drainage facilities, lighting, bumpers, guardrails, markings, signs, landscaping and other improvements shall be maintained in workable, safe and good condition.
(j)
Driveways on single-family residential lots shall be setback minimally 10 feet from side lot lines, provided that the driveway shall be set back 20 feet from side lot lines at the point where the driveway extends beyond the fifty-foot setback line; and further provided that in the A-22.5 Zone the driveway setback shall be a minimum of 10 feet and a minimum 15 feet beyond the fifty-foot setback line. No minimum driveway setback shall apply to the A-5 Zone.
(k)
Other off-street parking requirements:
[1]
Limitation as to use. All off-street parking areas shall be used solely for the parking of passenger automobiles, and no commercial repair work or service of any kind shall be conducted within the parking lot.
[2]
Nonavailability. At any time that the required off-street parking facilities cease to be available as required, the certificate of occupancy for the building or buildings built in conjunction with such parking areas shall be canceled and become null and void.
[3]
Charges. There shall be no charge made for the use of off-street parking facilities, and no cars other than self-propelled passenger vehicles shall be permitted to use any of the off-street parking facilities herein required, and no service of any kind shall be extended to the vehicle occupying such off-street parking facilities except for emergency purposes.
(5)
Off-street parking construction.
(a)
All off-street parking areas shall be graded and drained so as to dispose of all surface water in a manner so as not to unreasonably impair the surroundings.
(b)
All off-street parking areas, aisles and driveways shall be surfaced with asphalt, bituminous or cement binder pavement according to specifications established for this purpose by the Borough Engineer.
(c)
All parking areas and access drives shall be edged by a concrete or Belgian block not exceeding six inches above the paved surface or ground level.
E.
Landscaping in parking and loading areas shall be provided as follows:
(1)
Loading areas shall be screened with landscaping, fencing, berms, walls or any combination thereof and shall not be less than six feet in height. The screening shall be sufficient to obscure the view of parked vehicles, loading platforms and loading activities.
(2)
Parking areas with 20 or greater parking spaces shall be screened from the street with landscaping, fencing or a wall, and interior parking lot landscaping shall be required. Landscaped areas should be located in protected areas such as along walkways, in center islands, or at the end of parking bays and shall be distributed throughout the parking area to mitigate the view of the parked vehicles without interfering with adequate sight distance for vehicles or pedestrians. The landscaping shall consist of hardy, low-maintenance varieties of trees, and shrub plantings no higher than three feet.
(3)
Parking areas with less than 20 spaces shall be screened from the street with landscaping, fencing or a wall but no interior parking lot landscaping is required.
(4)
One shade tree, with a minimum diameter of 2 1/2 inches measured three feet above the ground, shall be provided for every 10 parking spaces. Trees shall be staggered and/or spaced so as not to interfere with driver vision and shall have branches no lower than six feet.
(5)
Any plantings which do not live shall be replaced within one year or one season of their initial planting.
(6)
Landscaping shall not cast excessive shade on adjacent properties, interfere with existing vegetation, interfere with light fixtures or interfere with adequate sight distance for vehicles or pedestrians.
§ 300-72 Off-street loading, delivery and pickup.
[Amended 2-15-2011 by Ord. No. 1512; 11-23-2021 by Ord. No. 1855]
A.
Loading spaces shall be required for all buildings occupied by nonresidential use, and for any residential development containing 30 or more dwelling units and for large-scale public and quasi-public uses, in accordance with the requirements in the accompanying table.
B.
Each such loading space shall not be less than 12 feet in width and 35 feet or more in length, depending upon the functions to be performed. The overall floor to ceiling height or clear height distance shall not be less than 14 feet, which may be increased where required.
Table 7 Off-Street Loading Requirements | |||
|---|---|---|---|
Land Use** | Floor Area at Which First Berth Is Required (square feet) | Floor Area at Which Second Berth Is Required (square feet) | |
Industrial, manufacturing | 5,000 | 40,000 | |
Laboratory, research or commercial | 5,000 | 40,000 | |
Retail | 5,000 | 20,000 | |
Service establishments | 5,000 | 40,000 | |
Commercial recreation | 5,000 | 100,000 | |
Restaurant | 2,000 | 25,000 | |
Office buildings*** | 5,000 | 100,000 | |
Funeral home | 10,000 | 100,000 | |
Residential apartment building, including senior housing complexes | 10,000 | 100,000 | |
Institutional, public schools | 10,000 | 100,000 | |
Hospitals, nursing homes, congregate-care facilities | 10,000 | 100,000 | |
Auditoriums, arenas | 10,000 | 100,000 | |
NOTES: | |
|---|---|
* An additional berth shall be required for each additional amount of square feet as indicated, and as required between the need for one- and two-berth intervals. | |
** In the case of a multiple-use building, the amount of off-street loading required shall be equal to the sum of the parts, unless same can be demonstrated to be in excess, and shall be subject to determination by the approving authority. | |
*** A total of one berth per 200,000 square feet shall be required for the HOB-RL District. |
C.
Except for required buffer areas, each such loading space may occupy any required side or rear yard but shall not be located in any required front yard. When adjoining a residential use, institutional use or place of general assembly, a suitably screened or landscaped buffer shall be provided.
D.
Off-street loading spaces shall not be located within any fire prevention zone, within 25 feet of any fire hydrant or within 10 feet of any stairway, doorway, elevator or other general means of entry to and from a building for the general public, nor shall it block, or in any way interfere with, the free flow of pedestrians from any means of ingress or egress nor shall it interfere with the free flow of pedestrians or vehicles. All such loading spaces shall be appropriately indicated by a sign or other visual communication as to said location.
E.
All loading and unloading shall be conducted entirely within the boundaries of the lot concerned, and no vehicle or conveyance shall, in any manner, use public streets, sidewalks or rights-of-way for loading or unloading operations other than ingress or egress to the lot.
F.
Nonresidential development is permitted to designate one or more locations for pickup of items sold on site. Such locations shall not interfere with any designated fire zone and shall not impede the flow of movement for vehicles, pedestrians, or bicycles. Vehicle parking spaces may be utilized for a pickup location(s), provided the utilized parking spaces constitute 10% or less than the minimum required parking on site pursuant to § 300-71B. Loading spaces may also be designated as pickup locations, provided they are located proximate to the building entrance(s) to be used for item pickup. Pickup locations shall have a minimum dimension of that required for a parking space in § 300-71D.
G.
Townhouse and multifamily development shall provide package delivery parking at a rate of one parking space each 50 housing units. Such locations shall not interfere with any designated fire zone and shall not impede the flow of movement for vehicles, pedestrians, or bicycles. Vehicle parking spaces may be utilized for delivery location(s), provided the utilized parking spaces constitute 10% or less than the minimum required parking on site pursuant to § 300-71B. Loading spaces may also be designated as delivery locations, provided they are located proximate to the building entrance(s) to be used for deliveries. Delivery locations shall have a minimum dimension of that required for a parking space in § 300-71D.
§ 300-73 Shoulders.
A.
Shoulders and/or drainage swales should be used instead of curbs in residential developments when soil and/or topography make the use of shoulders and/or drainage swales preferable and/or to preserve community character.
B.
Shoulders shall be provided in accordance with the requirements in Table 4.3 in Appendix B.[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
C.
Shoulders shall be four feet wide, except for minor collector streets of high intensity with off-street parking; and major collector streets of medium and high intensity shall be six feet and eight feet wide respectively on each side for all streets, and located within the right-of-way as shown in the street illustrations in Appendix B.
D.
Shoulders shall be constructed of materials such as stabilized earth, gravel, crushed stone, bituminous treatment, or other forms of pavement which provide for vehicle load support.
§ 300-74 Easements and natural features.
[Amended 3-18-2025 by Ord. No. 1979]
A.
Easements shall be along side and/or rear property lines where possible and shall not be less than 15 feet wide.
B.
All easements shall be dimensioned on the plat and shall be identified as follows: "(Insert purpose of easement) easement granted to the Borough of Franklin Lakes as provided for in the Franklin Lakes Land Use and Development Regulations Ordinance."
C.
Natural features, such as trees, brooks, swamps, hilltops and views, shall be preserved whenever possible. On individual lots, care shall be taken to preserve selected trees to enhance soil stability and the landscape treatment of the area.
D.
Grading shall be limited to the following:
(1)
Grade change for principal and accessory buildings shall be limited to not more than one foot of change from the existing average grade abutting the building perimeter to final average grade abutting the building perimeter. The existing average grade shall be based upon the existing grade at the time of the preliminary subdivision or site plan approval or at the time of the issuance of a building permit, whichever is lower.
(2)
Grading is limited to that which is necessary for the construction of permitted buildings, driveways, other permitted improvements, and permitted private outdoor enjoyment areas (i.e., the backyard, not the front yard unless necessary to accommodate the driveway, building, etc.).
§ 300-75 Environmental impact report.
A.
At the Board's discretion an environmental impact report may be required to accompany preliminary site plans.
B.
The environmental impact report shall comply with the following unless, as a result of data submitted prior to the preliminary plat, the approving authority shall have waived or modified certain portions of these requirements.
(1)
A description of the development specifying what is to be done during construction and operation, how it is to be done, and practical alternate plans to achieve the objective(s), all with the intent of minimizing environmental impacts.
(2)
An inventory of the following on-site environmental conditions and an assessment of the probable impact of the development upon them: water supply; water quality; air quality; geology; soils; rock and properties thereof, including erosion capabilities and limitations; floodplain protection; sewage disposal; topography, including slopes in excess of 15%; vegetation protection; wetlands; noise characteristics and levels; land use; site aesthetics; and historic landmarks. Air and water quality shall be described with reference to standards of the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to Soil Conservation Service categories and characteristics as they relate to such things as erosion, sewage capability, floodplains and seasonal high-water table.
(3)
A list and the status of the approvals needed from federal, state or county agencies, including comments of these governmental agencies.
(4)
An evaluation of any adverse environmental impacts which cannot be avoided, including air and water pollution, noise, sedimentation and siltation, increase in Borough services or capital needs and consequences to the Borough tax structure.
(5)
A description of steps to be taken to avoid or minimize adverse environmental impacts during construction and operation, including shipping, receiving, storage and the methods of handling the identified quantities of chemical, corrosive, toxic and hazardous materials anticipated in all aspects of the operation, as well as attaching appropriate maps, schedules and other explanatory data.
C.
Notwithstanding the foregoing, the approving authority may waive all or part of an environmental impact report if sufficient evidence is submitted to support a conclusion that the development will have a slight or negligible environmental impact or that the complete report need not be prepared to evaluate the environmental impact of the development.
§ 300-76 Fire protection.
A.
Wherever a central water supply system exists, provision shall be made for fire hydrants along streets and/or on the walls of nonresidential buildings as approved by the servicing Fire Department or Borough Engineer and in accordance with the Insurance Services Offices of New Jersey. The midpoint of all lots served by a central water supply shall be within 500 feet of a functioning fire hydrant. Hydrants shall have fire hose threads conforming to the fire company equipment with no less than two two-and-five-tenths-inch pumper nozzle. Hydrants shall be set plumb with nozzles 18 inches above grade. The system shall be pressure-tested to assure its capability of sustaining the required pressure at each hydrant.
B.
Where streams or ponds exist on the site, or are proposed, and there is no central water supply, easements and facilities shall be provided to draft water for fire-fighting purposes, including access suitable for fire-fighting equipment, designed and constructed in accordance with the Insurance Services Office of New Jersey.
§ 300-77 Off-site and off-tract improvements.
Before final approval the approving authority may require the payment of the developer's pro rata share of the following off-site and off-tract improvements: street improvements, water system, sewerage, drainage facilities and easements therefor.
A.
Essential off-site and off-tract improvements may be required to be installed or a performance guaranty furnished in lieu thereof, with the total cost borne by the developer.
(1)
Where a development has no direct access to an improved street or public or private central water supply or central sanitary sewer and does not qualify for individual sewage disposal systems, the approving authority may nevertheless grant final approval if the developer shall acquire and improve such street between the development and an existing improved street and, in the case of water/sewer system(s), if the developer shall acquire and improve such water and sanitary sewer connections between the development and existing facilities as approved by the approving authority, governing body and serving utility company.
(2)
Where drainage waters are diverted from the development into other drainage systems or onto other lands or streets and they are not adequate to accommodate the additional waters, the approving authority may grant final approval if the developer shall acquire, improve and dedicate to the Borough such enlarged, additional or new drainage facilities as approved by the approving authority and governing body.
(3)
Such off-site and off-tract improvements shall be subject to the design standards of this chapter. In lieu of the developer's performing such off-site and off-tract work, the developer may request and the governing body may enter into an agreement for such work to be performed by the Borough or its contractors at the cost of the developer.
(4)
Where the approving authority determines that off-site and off-tract improvements are essential to the development and the developer does not consent to the improvements, the application shall be denied, without prejudice, to a future application at such time as the conditions no longer apply.
B.
Advisable off-site and off-tract improvements. Where the approving authority determines that off-site and off-tract improvements would be advisable, although not essential and the improvements would promote the objectives of this chapter and can be most appropriately accomplished in connection with the development, and particularly where the off-site and off-tract improvements would be required to be made as a local improvement by the Borough with the costs thereof to be assessed against all properties specially benefitted thereby, including the property of the developer, the following provisions shall apply.
(1)
During the processing of the application, the approving authority shall refer its recommendations for off-site and off-tract improvements to the governing body.
(2)
If the governing body concurs, the Borough Engineer or other authority retained by the Borough shall determine the nature of the off-site and off-tract improvements, including:
(3)
The Borough Engineer or other authority shall estimate and report the costs of such work, including all costs to be in any local improvement ordinance and those to be assessed to the developer, and including costs for construction, engineering, any easement or right-of-way acquisition, legal work, advertising, contingencies, bonding and assessments.
(4)
Based upon the above report and the recommendations of the approving authority, the governing body shall determine whether to undertake such off-site and off-tract improvements as a local improvement.
(5)
If the governing body will not adopt such ordinance, the final development shall be designed accordingly, and the approving authority shall proceed on that basis.
(6)
If the determination shall be to adopt such local improvements ordinance, the governing body shall proceed in the following manner:
(a)
If sufficient funds are available for the initial appropriation, the governing body may appropriate such funds and adopt such ordinance. All subsequent proceedings for the making and assessment of the cost of the off-site and off-tract improvements shall be in accordance with such ordinance.
(b)
If sufficient funds are not available for the initial appropriation, the governing body may determine the anticipated amount that the lands of the applicant would be expected to be assessed.
[1]
The amount determined by the governing body shall then be deposited by the applicant with the Chief Financial Officer prior to final approval and prior introduction of such local improvement ordinance.
[Amended 12-20-2011 by Ord. No. 1532]
[2]
Such deposit shall be made concurrent with an agreement between the applicant and the Borough concerning the uses of the deposit, which shall include the following stipulations: that said funds shall be used by the Borough solely for the construction of such off-site and off-tract improvements as specified in said agreement and for the other expenses incidental thereto and the acquisition of any easements or rights-of-way in connection therewith; that such deposit may be appropriated by the Borough, with other funds of the Borough, toward the accomplishment of such purposes and may be commingled with other appropriated funds and expended by the Borough within a specified time agreed upon by the applicant, said funds shall be returned to the applicant; that, upon completion of the work by the Borough or its contractors, the properties specially benefitted by such improvements shall be assessed as provided by law, including the property of applicant; and that the applicant's deposit shall be credited against the assessment made upon the applicant's property, whether or not the applicant is then the owner thereof, and if such deposit was less than the amount ultimately assessed against such property, then the owner(s) of said property shall pay the difference between the deposit, the amount assessed, and the excess shall be refunded to the applicant, without interest.
[3]
Where said off-site and off-tract improvements are found by the approving authority to be advisable and important to the sound development of the site, although the off-site and off-tract improvements may not be found to be the type of essential off-site and off-tract improvements as defined above, but the developer is unwilling to make such deposit as specified above, then there shall be no final approval until funds become available for the initial appropriation required to adopt the local improvement ordinance.
(7)
The determination of the governing body whether or not to proceed toward the adoption of a local improvement ordinance shall be made within 30 days after the referral by the approving authority unless such time shall be extended with the consent of the applicant. If the determination is not made within the designated period, the approving authority may proceed as if the governing body had determined that it would not adopt such local improvement ordinance.
§ 300-78 Public utilities.
See § 300-63 for the applicable provisions.
§ 300-79 Shade trees and landscaping.
A.
All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of coniferous and/or deciduous trees native to the area in order to maintain or reestablish the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and siltation as outlined under the soil erosion and sediment control regulations (§ 300-64), as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water from the site and contributing upstream areas.
B.
Shade trees shall be provided in all plans where deemed appropriate by the Planning Board. All shade trees shall have a minimum diameter of 2.5 inches measured three feet above the ground and shall be of a species approved by the approving authority. Trees shall be balled and burlapped, nursery grown, free from insects and disease and true 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 reestablish the character of the area and to conform to 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 § 300-71E, Off-street parking requirements.
C.
Street trees shall be planted 40 to 60 feet apart, and parallel to, and 10 to 15 from, the curbline. All street trees shall be balled and burlapped, nursery grown, free from insects and disease and true species and variety.
D.
A landscape plan prepared by a certified landscape architect, certified by the New Jersey Board of Landscape Architects, or other qualified individual, shall be submitted with each site plan application, exclusive of single-family dwellings. Landscaping shall be provided to promote a desirable visual environment, screen parking and loading areas, provide windbreaks for winter winds and summer cooling for buildings, streets and parking, and to mitigate adverse visual impacts. The landscape plan shall be submitted to both the Borough Engineer and the Borough Shade Tree Commission for review and comment.
§ 300-80 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 either dedicated as part of the street right-of-way or maintained as part of a 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 36 inches above the center-line grade of either intersecting street or driveway or lower than eight feet above their center lines, 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 and grade to provide the sight triangle. The sight triangle is that area outside the right-of-way bounded by the intersecting street lines and a straight line which connects sight points located on each of the two intersecting street center lines: arterial streets at 300 feet, collector streets at 200 feet and local streets at 90 feet. Where the intersecting streets are both arterial and one collector, two overlapping sight triangles shall be required, formed by connecting the sight points noted above with a sight point 90 feet on the intersecting street. Any development requiring site plan approval shall provide sight triangles 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 where a new street is not included on the Master Plan. A sight triangle easement shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Franklin Lakes Land Use and Development Regulations Ordinance." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and minimum setbacks required by the zoning provisions.
§ 300-81 Soil removal.
See Section § 300-64 for requirements.
§ 300-82 Stormwater runoff.
A.
Nonresidential developments.
(1)
All developments shall incorporate on-site stormwater facilities that will encourage the recharging of underground aquifers and/or the slowing down of the rate stormwater leaves the site.
(2)
Where the amount of runoff determined by the Borough Engineer is sufficient to justify detention of peak flow, one or more detention basins shall be required. Each detention basin shall have a capacity to accept all surface water directed to it from a one-hundred-year-year storm event with outlets to permit complete draining of the maximum capacity of the detention basin in not more than 36 hours.
(3)
Developments may incorporate other on-site stormwater detention or impoundment facilities in the following manner:
(a)
Swales to retard water runoff. Water velocity shall not exceed three feet per second. The water may be directed to impact-still basins to evaporate and percolate. The swales shall be seeded and maintained in lawn area as appropriate.
(b)
Impoundment/detention basins along streams that maintain steady flows of water may be constructed, provided that they meet the standards and have the approval of the New Jersey Department of Environmental Protection.
(c)
Detention of stormwater on roof surfaces may be designed.
B.
Residential. All installations regarding stormwater management shall be in accordance with N.J.A.C. 5:21-7.
§ 300-83 Topsoil redistribution.
Topsoil available at the site and moved during the course of construction shall be redistributed to all areas uncovered in the course of construction. Whenever sufficient topsoil is not available at the site, additional topsoil shall be obtained and distributed in such a manner as to provide a cover of at least six inches of topsoil or other approved cover to prevent soil erosion on the areas uncovered during the course of construction or excavation. No topsoil shall be removed from the site of the development or used as spoil.
§ 300-84 Water supply.
A.
Nonresidential.
(1)
Where water is accessible from a servicing utility, 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. The system shall be designed with adequate capacity and sustained pressure for present and probable future development.
(2)
Where public water is not available, potable water supply shall be provided to each lot or dwelling unit by wells from groundwater supply. Such wells shall be designed in accordance with the requirements and standards of the Borough and/or state agency having jurisdiction.
(3)
Where water distribution systems are installed outside streets, easements or rights-of-way shall be required in accordance with § 300-74.
(4)
Where no municipal consent for a public utility franchise for water has been granted, upon completion of the water plant and distribution system, these public facilities shall, at the option of the Borough, be transferred to the Borough.
B.
Residential. All installations regarding water supply shall be in accordance with N.J.A.C. 5:21-5.
§ 300-85 Recycling.
A.
There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator, and shall be consistent with the district recycling plan adopted pursuant to Section 3 of the P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the Municipal Master Plan, adopted pursuant to Section 26 of P.L. 1987, c. 102.
B.
The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
C.
The recycling area shall be well lit, and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
D.
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
E.
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
F.
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.