Arrangement. The arrangement of streets not shown on 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 practical, and allow for continued extension into adjoining undeveloped tracts with a minimum right-of-way of 50 feet. When a development adjoins land capable of being developed further, suitable provisions shall be made for future street access.

Street classifications. The classifications of existing and proposed streets shall be those shown on the Master Plan or Official Map, or as designated by the approving authority where a new street is not included on the Master Plan or Official Map.

Minimum right-of-way width. The right-of-way width shall be measured from lot line to lot line.

Pavement width. The pavement width of public streets shall be measured from curb to curb and shall not be less than 30 feet in any case, except when shown at a greater width on the Master Plan or Official Map.

Grades. Grades of all streets in general shall conform to topography and shall not be less than 1% nor greater than 10% for local and collector streets and 5% for arterial streets.

Reserve strips. No subdivision showing reserve strips controlling access to streets shall be approved, except where the control and disposal of land comprising such strips has been placed in the governing body under conditions approved by the Planning Board.

Substandard street right-of-way and pavement width. Subdivisions that adjoin or include existing streets that do not conform to the widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate and improve additional right-of-way or pavement width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated and improved.

Intersections. Street intersections shall be at right angles where possible and intersection of less than 60° (measured at the center line of streets) shall not be permitted.

Crosswalks. Crosswalks shall be required at intersections along established pedestrian routes within 1,000 feet of schools and other public facilities, and where otherwise deemed necessary by the approving authority. All crosswalks shall comply with the Manual of Uniform Traffic Control Devices (MUTCD), latest edition, and the Americans with Disabilities Act (ADA) guidelines.

Street jogs. Collector and/or arterial streets intersecting another street from opposite sides shall either be directly opposite each other without offset, or shall have at least 250 feet offset distance between center lines. Street jogs with center-line offsets on local streets of less than 125 feet shall be prohibited.

Tangents. A tangent at least 50 feet long on local streets, 100 feet long on collector streets and 300 feet long on arterial streets shall be introduced between reverse curves.

Street line deflection. When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 100 feet for local streets and 300 feet for collector and arterial streets.

Changes in grade. All changes in grade shall be connected by vertical curves of sufficient length to provide a smooth transition and proper sight distance, as established in the American Association of State Highway and Transportation Officials (AASHTO) publication, "A Policy on Geometric Design of Highways and Streets."

Cul-de-sac streets. Cul-de-sac streets are discouraged, but where unavoidable or determined to be necessary for public safety, shall not be longer than 1,000 feet nor serve more than 10 lots. A turnaround shall be provided at the end of the cul-de-sac with a right-of-way radius of not less than 50 feet and a curbline radius of not less than 40 feet. Whenever possible, the turnaround shall be tangent to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for the future extension of the street and reversion of the excess right-of-way to the adjoining properties. The removal of excess improvements shall be the responsibility of any future developer.

Half streets. Half streets shall be prohibited except where essential to the reasonable development of the subdivision in conformity with other requirements of these regulations and where the Planning Board finds it will be practical to require the dedication of the other half when the adjoining property is subdivided, and the other half of the street shall be plotted within such tract.

Private streets. Private streets shall not be approved nor shall public improvements be approved for any private street.

Sight triangles.

Railroad crossings. Access to a subdivision by means of a railroad grade crossing is prohibited.

Curbs. Curbs shall be constructed along both sides of all streets, in accordance with the standards set forth in Schedule A.[1]

Design and placement of traffic signs included in all development applications shall follow the requirements specified in "Manual on Uniform Traffic Control Devices for Streets and Highways," published by the United States Department of Transportation and adopted by the New Jersey Department of Transportation.

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 shall show the name of both intersecting streets. Street name signs shall be designed and erected in accordance with Borough standards.

At signalized intersections, street signs shall be located on the overhead arm supporting the traffic signal, or otherwise suitably suspended over the intersection. Roadway clearance shall be a minimum of 15 feet from the bottom of the sign or supporting equipment to the top of the paved surface.

Street names. No new street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets. The continuation of an existing street shall have the same name. All street names shall be approved by the Borough Council. In general, the following may be used as a guide for names:

Separate bicycle paths and lanes shall be required where deemed appropriate and safe by the Planning Board.

Bicycle lanes, where provided, shall be placed in the outside lane of a roadway, adjacent to the curb or shoulder. When on-street parking is permitted, the bicycle lane shall be located between the parking lane, if provided, and the outer lane of moving vehicles. Lanes shall be delineated with markings, preferably striping. Raised reflectors or curbs shall not be used.

The construction of bikeways shall comply with the specifications set forth in N.J.A.C. 5:21-4.18, as well as the following:

Culverts, storm sewers and storm drainage collection and detention and/or retention basins. The storm drainage collection system and the detention and/or retention basin system installed shall include storm sewers located within the beds of streets, culverts and inlets and storm sewers running through designated easement areas and drainage pipes attached thereto, as well as dry wells and swales, regrading, excavation, detention, retention and/or recharge basins which are required by this chapter to meet the objectives thereof, all in accordance with the Residential Site Improvement Standards at N.J.A.C. 5:21 for residential developments and Stormwater Management Requirements at Articles XI and XII of this chapter for nonresidential developments. Aspects of major residential developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21 shall conform to the Stormwater Management Requirements at Article XI of this chapter. The Borough Engineer may require of the developer additional, reasonable, drainage improvements in order to correct a drainage problem which develops during the course of construction of single-family dwellings in a subdivision. All such drainage problems shall be rectified to the satisfaction of the Borough prior to the final release of any performance guarantee posted as a condition of final subdivision approval.

Major developments under this section shall provide a dedicated contribution to the Borough to finance future maintenance of stormwater management facilities if they are accepted by the Borough.

Block length and width or acreage within bounding roads shall be of such size and shape as to accommodate the size of lots required in the area by the zoning regulations. Consideration of topography and street layout shall provide for convenient access, circulation control and safety of street traffic.

In blocks of 600 or more feet in length, pedestrian footpaths or access may be required in locations deemed necessary by the approving authority, as permitted in N.J.A.C. 5:21-4.5(f). Such walkway shall be at least 10 feet wide in right-of-way with a five-foot-wide improved pavement surface. Said walkway may also include other improvements, including street lighting.

Dimensions. Lot dimensions and area shall be not less than the requirements of the Zoning Ordinance (see Part 4 of this chapter).

Side lines. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.

Frontage. Each lot must front upon an approved and improved street with a right-of-way width in accordance with the Passaic County Land Development Standards or RSIS, as applicable.

Setbacks. Where extra width has been dedicated or is proposed in the Master Plan for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.

Suitability. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, drainage conditions, watercourses, historic sites, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots. All lots shall be so arranged that, to the greatest extent possible, each lot can reasonably be developed without intruding into areas of physical and environmental constraint, especially areas of steep slope and wetland areas.

Corner lots. The intersection of the two property lines adjoining the street shall be rounded to a radius of 25 feet.

Further subdivision. Where a tract is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow the opening of future streets and logical further subdivision.

Driveways.

All new electric and telephone wires shall be installed underground. In addition, underground community antenna television service lines shall be installed if the Borough has executed a franchise agreement with a community antenna television company. All such utility installations shall be made in accordance with the following provisions:

Each lot within the subdivision area shall be provided with public water by the required extension of water mains and connections thereto. The cost thereof shall be borne by the subdivider inclusive of any connection fee required for such interconnection. All such installations of water mains and connections shall be subject to the inspection and approval of the Department of Public Works.

Firefighting facilities. Whenever a central water system services a development, fire hydrants shall be installed along all streets. Fire hydrants shall be of the type approved by the Department of Public Works, shall be placed and installed in accordance with its standards and shall also be subject to inspection by and approval of the Bureau of Fire Prevention.

In addition to the provisions above, all water supply systems in residential developments shall be installed in accordance with the Residential Site Improvement Standards at N.J.A.C. 5:21-5. In the event of a conflict between this section and the Residential Site Improvement Standards (RSIS), the RSIS shall govern.

Each lot within the subdivision area shall be provided with sewage disposal facilities by the required extension of sewer mains and connections thereto. The cost thereof shall be borne by the subdivider inclusive of any connection fee required for such interconnection. All such installations of sewer mains and connections thereto shall be subject to the inspection and approval of the Department of Public Works.

In addition to the provisions above, all sanitary sewer systems in residential developments shall be installed in accordance with the Residential Site Improvement Standards at N.J.A.C. 5:21-5. In the event of a conflict between this section and the Residential Site Improvement Standards (RSIS), the RSIS shall govern.

Topsoil specifications. No topsoil shall be removed from any site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least four compacted inches of spread cover to all seeding and planting areas of the subdivision and shall be stabilized by seeding or planting. In the event that the quantity of topsoil at the site is insufficient to provide four inches of cover for all seeding and planting areas, the developer shall provide and distribute a sufficient quantity of topsoil to provide such a cover. Topsoil so provided shall meet the following specifications:

Fertilizer, seed and mulch specifications.

Conceptual grading plans shall be required for all subdivisions and a final grading plan shall be required for all individual lots. All grading plans shall include the following information:

Design standards for grading plans.

Gravel driveways shall be considered impervious, provided that credit shall be given for the impervious calculation, up to 25% of the area devoted to gravel, for that portion of a driveway that is comprised of gravel.

Shade trees shall be provided and installed by developers, along Borough roads, as required by this chapter.

Shade trees shall be placed within a shade tree easement to benefit the Borough, which shall be located 10 feet from the face of the curb.

The planting distance between trees shall be a maximum of 50 feet, except that ornamental trees may be planted a maximum distance of 30 feet apart. No shade trees shall be placed in the sight triangle easement required per § 540-54Q, nor within 25 feet of the intersection of two street rights-of-way.

The minimum caliper of shade trees shall be 2 1/2 inches, measured at one foot above the ground.

The minimum height of shade trees shall be 12 feet, except ornamental trees, which shall be a height of not less than eight feet.

All trees shall be balled and burlapped (B&B); shall be of nursery stock; shall be of symmetrical growth; shall be free of disease, insects, and mechanical injury; shall be straight of stem with a well-balanced top; shall be of vigorous growth; and shall have a well-developed root system. The trunks of the shade trees (except ornamental trees) are to be free of branches to a height of at least seven feet from the ground and the first branch shall be not over nine feet from the ground.

The planting hole shall be one foot in diameter greater than the root ball and a six-inch trench around the outer edge of the bottom of the planting pit with the soil directly under the new tree to be undisturbed ground to avoid settlement over time. The planted depth of the top of the shade tree shall be placed flush with the adjacent ground and only a two-inch layer of mulch (no soil), is permitted on the top of the root ball of the shade tree.

The soil for backfilling the hole shall be a mixture of three parts loamy soil, two parts coarse sand and one part humus. This planting mixture shall be adjusted as required pending an analysis of the parent soil on the property. Drainage material should be installed as needed should high groundwater levels be encountered.

After backfilling, the surface of the planting hole shall be mulched with wood chips, hay, straw or other suitable material.

After planting, tree trunks shall be wrapped with approved tree wrap manufactured for this purpose from the ground level to the lowest branches. The wrapping is to be removed after two years.

Each tree shall be staked with three stakes. Stakes shall be locust, oak, cedar or other material that will last two years. Stakes shall be two inches by two inches and six feet to eight feet long.

Fastening and support shall be by means of tape 1 1/2 inches to two inches wide or material that will not harm the tree.

Species of shade trees shall be as required by the Shade Tree Commission.

Easements. Easements along rear property lines or elsewhere for utility installations may be required if deemed necessary by the Borough Engineer. Such easements shall be at least 20 feet wide and located in consultation with the Borough Engineer.

Riparian zones. Where a subdivision is traversed by a watercourse, drainageway, channel, stream or other surface water body, said subdivision shall comply with the riparian zone requirements set forth in the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, and Article XI of this chapter.

Natural features.

Preservation of landscape. The landscape shall be preserved in its natural state, insofar as practicable and where desirable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas. Landscape treatment that is appropriate to the area and the terrain and which will enhance the overall appearance of the site shall be employed.

Relation of proposed buildings to environment. Proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity that have a visual relationship to the proposed buildings. Such relationship shall be achieved by:

Design of building walls. All four sides of a building should contribute to the architectural unity of the building. The use of large, unbroken masses is discouraged. All walls are to be constructed of durable material requiring low maintenance. Desirable materials such as brick, stone, glass, precast concrete and wood, when properly treated, are encouraged. Metal siding should not be used to such an extent that it will be a dominant architectural feature. In addition, metal siding with exposed fastenings shall not be allowed.

Open space, circulation and parking. Open spaces, access driveways and the location and design of parking areas shall be in scale with the project as a whole. Special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement of parking areas that are safe and convenient and, insofar as practicable, do not detract from the design of proposed buildings and structures and the neighboring properties.

Special features. Exposed storage areas; exposed machinery installations, including roof installations; service areas, truck loading areas; utility buildings and structures; and similar accessory areas and structures shall be so located and screened with plantings or by other methods to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.

Utility service. Electric and telephone lines shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and the site. The proposed method of sanitary sewage disposal from all buildings shall be indicated.

Advertising features. The size, location, design, color, texture, lighting and materials of all permanent signs and outdoor advertising structures or features shall not detract from the design of proposed buildings and structures and the surrounding properties nor create confusion or hazards with traffic or any other signs. Included are off-site directional signs. There shall be no building or feature in-the-round which is representational, e.g., brown derbies, ice cream cones, polar bears, etc. There shall be no ragged outlines of buildings clearly used as eye-catchers in lieu of internal function.

Pavement. All parking and loading areas shall be paved in accordance with the specifications in Schedule A, included as an attachment to this chapter, for nonresidential developments or Residential Site Improvement Standards at N.J.A.C. 5:21 for residential developments.

Curbing. Curbing shall be installed in the street right-of-way where required in § 540-54S for nonresidential developments or Residential Site Improvement Standards at N.J.A.C. 5:21 for residential developments. Parking areas and driveways shall be enclosed by concrete or granite block curbing, six inches above the paved surface and located in accordance with Subsection E below. Where a parking area services a stormwater management facility, flush curbing enclosing such parking area shall be permitted.

Drainage. All parking and loading areas shall be graded and equipped with storm drainage collection and detention facilities as required in Article XI of this chapter.

Parking service aisles.

Location. All traffic aisles, off-street parking and loading areas, except for parking which is accessory to one-family dwellings, shall, unless otherwise provided by this chapter, meet the location requirements prescribed in the following schedule:[1]

Marking and size. All parking and loading spaces shall be appropriately marked with painted lines and shall be of the sizes specified below:

Handicapped parking. Provision shall be made for handicapped parking spaces, along with barrier-free access to buildings, in accordance with the Americans with Disabilities Act (ADA) guidelines. In addition, the entire surface of each handicapped parking spaces shall be painted blue in a shade common to such facilities. Parking spaces designated for the handicapped shall be located so that access does not require wheeling or walking behind parked cars.

Circulation within parking area.

A landscape plan prepared by a licensed landscape architect, licensed 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. 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.

Parking and loading areas shall be landscaped and screened as follows:

Shade trees shall be installed in the street right-of-way in accordance with § 540-68.

Adequate lighting shall be provided for surface parking areas in operation between 1/2 hour before sunset and 1/2 hour after sunrise. In addition, the premises shall have adequate lighting for security purposes during the foregoing period when the facility is not in operation. The interior of parking garages shall be adequately lighted both day and night.

All lights shall be focused downward so that the direct source of light is not visible from adjoining streets or properties.

No light source shall exceed a height of 16 feet in residential areas or nonresidential lots abutting a residential zone. In all other instances, no light source shall exceed a height of 20 feet.

All lights shall be shielded to restrict the maximum apex angle of the cone of illumination to 150°.

Illumination requirements.

The style of any light or light standard shall be consistent with the architectural style of the principal building.

Streetscape lighting requirements shall comply with § 540-91E.

Freestanding lights shall be protected to avoid being damaged by vehicles.

Spotlights and floodlights shall be discouraged, but where necessary, shall be so located and directed so as not to project light beyond the surface being lighted or to create a nuisance or hazard.

Shade trees shall be planted a minimum of 10 feet from any freestanding light fixture.

Pathways and sidewalks shall be lighted with low or bollard-type standards.

Strings of lights, except holiday lights, and flashing, moving or rotating lights are prohibited.

All lighting shall be in compliance with the Americans with Disabilities Act (ADA) guidelines.

All lighting shall incorporate energy-efficient fixtures and be "Dark Sky" compliant.

Trash, garbage and recyclable materials stored outside a building shall be stored in suitable containers and in fenced or walled enclosures. Said enclosures may adjoin the rear wall of a building, may adjoin a side wall of a building which does not face on either a street or a residential district or may be located in the rear yard and apart from the building, provided that the setbacks for parking areas are met. Said enclosures shall be screened from view from any adjoining street or property when deemed necessary by the Planning Board or Zoning Board of Adjustment.

The area for storage of trash, garbage and recyclable materials shall be well lit, and shall be safely and easily accessible by collection personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles.

Any trash, garbage and recyclable materials shall be so contained as to be protected from the elements and to eliminate the potential for accumulation or scattering of debris. Garbage of an animal or vegetable nature, any trash or waste material that would attract vermin and insects and any other waste material which, by its nature, would present a health hazard if exposed to the elements shall be stored in airtight and/or leakproof, covered metal containers as may be necessary.

In multifamily residential developments containing 25 or more units and in nonresidential developments utilizing 1,000 square feet or more of land area, a recycling plan shall be submitted, which includes the location and description of provisions for the recycling of recyclable materials in accordance with the municipal recycling ordinance.[1] The plan shall be accompanied by a description of the following:

Departures by the proposed development from zoning regulations otherwise applicable to the subject property shall conform to the zoning regulations in Part 4 of this chapter.

Provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment shall be adequate.

The proposed development shall not have an unreasonably adverse impact upon the area in which it is proposed to be established.

All common open spaces shall be attractively landscaped with grass lawns, trees and shrubs. Provision shall be made for the preservation of existing trees and natural features.

The proposals for maintenance and conservation of the common open space shall be reliable, and the amount, location and purpose of the common open space shall be adequate.

Off-street parking requirements. There shall be provided conveniently located off-street parking facilities for all buildings and uses. All off-street parking areas shall be designed and constructed in accordance with specifications required by the Planning Board and with applicable local regulations.

Circulation standards. All off-street parking areas and internal roadways shall be designed and constructed in accordance with the provisions of the Residential Site Improvement Standards at N.J.A.C. 5:21 and the Americans with Disabilities Act (ADA) guidelines.

Parking areas and internal roadways shall be located at least 15 feet from a building, unless a driveway leading to a garage, at least 25 feet from a property line and at least 50 feet from a street. To the extent any requirement set forth in this subsection conflicts with § 540-76, this subsection shall supersede.

The arrangement and location of garages, parking areas and internal roadways shall be subject to approval of the Planning Board and shall be designed to ensure maximum safety, proper circulation and maximum convenience for residents and their guests.

Hard-surfaced sidewalks shall be provided in such locations as will ensure convenient pedestrian traffic as required by the Planning Board.

Screening and fencing shall be provided to shield parking areas and other common facilities from view of adjoining property.

Adequate artificial lighting shall be provided in parking areas and along sidewalks, walkways and internal roadways. The source of lighting shall be directed downward, away from buildings and adjoining streets and property lines. Lighting fixtures shall be so arranged that the direct source of light is not visible from any adjacent residential area. All lighting shall meet the requirements of § 540-82.

Adequate provision shall be made for the installation of storm drainage facilities, public water supply and connection to a public sanitary sewer.

All telephone and electric service on the property shall be by underground conduit.

Adequate provision shall be made for the storage and removal of snow on-site.

Riparian zones. Where a lot is traversed by a watercourse, drainageway, channel, stream or other surface water body, said lot shall comply with the riparian zone requirements set forth in the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13.

Natural features, such as trees, brooks, hilltops, wetlands and wetland transition areas, steep slopes and views shall be preserved, to the greatest extent possible. On individual lots, care shall be taken to preserve selected trees to enhance soil stability and the landscape treatment of the area.

Site plan applications containing steep slopes and/or wetlands shall be designed in accordance with Article XI of this chapter.

The Planning Board may require that natural features be protected by means of deed restrictions, conservation easements or other appropriate instruments. Conservation easements shall be clearly marked as detailed in Figure 7 located in the Appendix of this chapter.[1]

Applicability.

Granite block curbing.

Street/shade trees.

Landscaping and berm features.

Decorative lighting fixture installation.

Decorative street and traffic signage.

Pedestrian amenities.

All other applicable provisions of this chapter shall be met.

The applicant shall have obtained necessary approvals of any state, county or municipal agencies.

The Board may impose other conditions where specific problems peculiar to any particular development exist which are likely to be detrimental to the public safety and general welfare of the Borough.

Documentation. All freshwater wetlands, and all wetland transition areas required pursuant to N.J.A.C. 7:7A-1 et seq., or any successor regulations, shall be clearly shown on all subdivisions, site plans, lot grading plans, and/or other development plans submitted to the Borough for any development approval. Whenever it has been confirmed that no wetlands or wetland transition areas are present on a site, a note to that effect shall be shown on the plans for development.

NJDEP file identification number. Whenever on-site freshwater wetlands and/or wetland transition areas have been verified by NJDEP through the issuance of a Letter of Interpretation (LOI), all subdivision, site plans, lot grading plans, and/or other plans submitted to the Borough for any development approval shall include therein the wetlands line file identification number assigned by NJDEP in connection with the issuance of an LOI for the property.

Disturbance fencing. To prevent encroachment into freshwater wetlands and wetland transition areas, the developer of any approved subdivision, site plan, lot grading plan or other development plan shall install disturbance fencing in accordance with the requirements of the NJDEP and the Passaic County Soil Conservation District before the commencement of any land disturbance or construction adjacent to any freshwater wetlands and/or wetland transition area.

Silt fencing. Prior to the commencement of any land disturbance or construction, the developer of any approved subdivision, site plan, lot grading plan, or other development plan shall install silt fencing and/or hay bales downstream of any disturbance area adjacent to freshwater wetlands and/or wetland transition areas in accordance with the requirements of the NJDEP and the Passaic County Soil Conservation District.

Proof of recording of deed restriction. Prior to the signing of any approved minor subdivision plat or deed description, final major subdivision plat, or final site plan drawings, the applicant shall submit to the Secretary of the reviewing board proof that any deed restrictions required by the NJDEP in connection with transition area averaging or other transition area modifications associated with the approved subdivision or site plan have been duly recorded in the land records of the Clerk of Passaic County.

Recording notice of wetland limits. As a condition of approval of any application for development of any lot containing freshwater wetlands and/or wetland transition areas, the applicant shall be required to record in the land records of the Clerk of Passaic County a mapped description of the limits of such freshwater wetlands and/or wetland transition areas, together with a bold print notice that no land disturbance or other activities may be undertaken therein without the obtaining of all necessary prior approvals from the NJDEP.

Waiver for improvements to existing single-family dwellings. Whenever any variance or grading permit is sought for any addition to or modification of any existing single-family dwelling and/or the lot on which it is located, the Board of Adjustment, when acting on a variance, and the Borough Engineer, when acting on a grading permit, may waive the requirements of Subsections A, B, and/or F of this section (to the extent they are applicable) when it is reasonably clear to the reviewing authority that there exist no on-site wetlands and/or wetland transition areas, or that any on-site wetlands and/or wetland transition areas are remote from the areas of proposed development and/or disturbance. Nothing herein shall authorize or permit any unlawful disturbance of or activities within freshwater wetlands and/or wetland transition areas.

Purpose. It is the purpose of this section to protect the health, safety and welfare of people and property within the Borough of Hawthorne from improper construction, building and development on steep slope areas in the Borough of Hawthorne, and more particularly, but without limitation, to reduce the peculiar hazards which exist in steep slope areas by reason of erosion, siltation, flooding, soil slippage, surface water runoff, pollution of potable water supplies from nonpoint sources, destruction of unique and scenic vistas, and it is a further purpose of this section to encourage appropriate planning, design and development sites within steep slope areas which preserve and maximize the best use of the natural terrain and maintain ridgelines and skylines intact.

Exemptions.

Application for permit. Unless otherwise exempt under this article, a construction permit shall be made to the Borough's Construction Official. The application shall include at least the following:

Application review and standards of approval.

Impervious coverage and disturbance. In areas of slopes greater than 15%, the applicable provisions of Part 4 of this chapter relating to maximum percentage of impervious coverage shall be modified, and the following limitations of maximum impervious coverage, location of impervious surfaces, and maximum lot disturbance shall be applicable.

Review and inspection fees.

Borough liability. The granting of any permit or approval in any slope area shall not constitute a representation, guarantee or warranty of any kind by the Borough or by any official or employee thereof of the practicability or safety of any structure, use or other plan proposed, and shall create no liability upon, or a cause of action against such public body, official or employee for any damage that may result pursuant thereto.

Penalties. In addition to penalties already provided in § 540-37, the court may order any person convicted of violating this article to pay the Borough all costs for, and associated with, necessary stabilization or corrective measures, as determined by the Borough Engineer.

Noncompliance with the regulations specified herein shall require a variance and application before the appropriate Board as regulated by this chapter.

Appeal. The Zoning Board of Adjustment shall have the power to hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, decision (including review and inspection fees under Subsection F above) or refusal made by the Borough Engineer based on or made in the enforcement of this article. All such appeals under this section from the decisions of the Borough Engineer shall be taken within 20 days by filing a notice of appeal with the Borough Engineer specifying the grounds of such appeal. The Borough Engineer shall immediately transmit to the Board all papers constituting the record upon which the action appealed from was taken. All such appeals shall be heard by the Board upon notice given by the applicant. The Board may permit, or require, the record on appeal to be supplemented with such documents or other evidence or information as are reasonably necessary to make an informed decision as to whether the requirements of the steep slope regulations have been met.