High Bridge City Zoning Code

All construction shall be in accordance with the applicable standards and specifications in the "Standard Specifications" of the New Jersey Department of Transportation, the "Residential Site Improvement Standards," and construction specifications of the Borough of High Bridge.

All residential development shall comply with the Residential Site Improvement Standards (RSIS) of the New Jersey Administrative Code, Title 5, Chapter 21, as promulgated the Commissioner of the Department of Community Affairs pursuant to the authority of P.L. 1993, c. 32 (N.J.S.A. 40:55D-40.1 et seq.) When a conflict is evident between a requirement of this chapter and the Residential Site Improvement Standards, the Residential Site Improvement Standards shall prevail. The standards specified in this article shall apply to all developments requiring subdivision, site plan, conditional use and/or variance approval.

Stormwater management systems shall be designed and constructed in accordance with the RSIS. As required in the RSIS, stormwater management systems shall emphasize a natural, instead of an engineered, drainage strategy. If an engineered strategy is preferred by the applicant, then sufficient documentation must be submitted to demonstrate why natural methods are not feasible on the site.

The drainage plan shall maximize the opportunity for stormwater to recharge the groundwater whenever possible. Innovative techniques such as the use of dry wells, dispersed overland flow, porous pavement, etc., are encouraged. If methods to recharge the groundwater on the site are not feasible, then the applicant must submit sufficient documentation to support this conclusion.

Lots shall be graded to secure proper drainage away from the buildings. Additionally, drainage shall be provided in a manner that 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 property lines.

A final drainage plan shall accompany the final subdivision or site plan. Such drainage plan shall show the same information as required on the preliminary plan with the addition that the individual lot grading shall be shown as follows:

Approval of drainage structures shall be obtained from all appropriate Borough, county, state and federal agencies and offices. Each applicant shall make appropriate application to the NJDEP, the Hunterdon County Planning Board, and the approval from the proper governmental authorities shall be furnished to the administrative officer with a copy of each letter forwarded to the Borough Engineer.

Drainage maintenance easements shall be required by the Borough at locations indicated on an approved development plan where a tract or lot is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream. The drainage maintenance easement shall conform substantially to the lines of such watercourse and, in any event, shall meet any minimum widths and locations as shown on any adopted Official Map or Master Plan. A drainage maintenance easement shall be established and dedicated along any floodplain and extend at least 25 feet from the top of the channel bank. In no event shall the width of a drainage maintenance easement be less than 25 feet. Such easement shall be expressed on the plat as follows: "Drainage easement granted for the purposes provided and expressed in the Land Use and Development Ordinance of the Borough of High Bridge." The responsibility for maintenance of the facilities within the easement lies with the owner of the facilities as designated in the RSIS for residential properties (N.J.A.C. 5:21-7.5); however, the property owner shall be responsible for day-to-day maintenance of the easement. All such facilities and easements on commercial or industrial properties are the responsibility of the property owner.

The applicant shall provide an analysis of any additional water which will drain from the site as a result of the approval of the proposed site plan, subdivision, conditional use and/or variance, such analysis to specifically document the anticipated impact that the increased water flow will have upon existing drainage structures located between the site and the downstream facilities and structures.

Private property storm drain retrofit.

Sight triangle easements shall be required at the intersection of a street with another street and at the intersection of a street with a driveway providing ingress and/or egress to a nonresidential or multifamily residential development. The sight triangle easement shall be in addition to the specified right-of-way width of the street and cartway width of the driveway and shall not contain any grading, planting or structure that projects more than 12 inches above the center line of the street and/or driveway, except that street signs, fire hydrants and lighting standards may be located within a sight triangle easement. Trees within the sight triangle shall be kept trimmed of branches to a minimum height of six feet above ground level. The sight triangle is that area outside of the street right-of-way or driveway cartway, bounded by the intersecting street right-of-way or driveway cartway lines and the straight line connecting the "sight points," one each located on the two intersecting street and/or driveway center lines.

Sight triangles shall be in accordance with the latest edition of AASHTO's Standard Specification for a Policy on Geometric Design of Highways and Streets and based on the speed limits established on the intersecting streets.

Additional lands may be required to be included within the sight triangle easement(s) in order to provide an unobstructed sight view for the entirety of the required distances.

The dedication of sight triangle easements shall be expressed on a subdivision plat or site plan as follows: "Sight triangle easement deeded for purposes provided for and expressed in the Land Use and Development Ordinance of the Borough of High Bridge."

The requirement to provide sight triangle easement(s) does not supersede any other requirement of this chapter to provide screening of parking lots, loading areas, etc. Where such screening is required, it shall be provided outside of the required sight triangle(s).

Streetlighting.

On-site lighting.

Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.

Each lot must front upon a county or municipal street or highway, except in instances where private streets and/or other driftways are provided and approved as part of a site plan and/or subdivision submission.

All lots shall be suitable for their intended use(s). Where there is a question as to the suitability of a lot or lots for their intended use(s) due to factors such as poor drainage conditions or flood conditions, percolation tests or test borings indicating the ground conditions to be inadequate for proper sewage disposal for on-lot sewage treatment, or similar circumstances, the Board, after adequate investigation and receipt of a written report by the Borough Board of Health, if applicable, may withhold approval of such lots. If approval is withheld, the Board shall give reasons and notify the applicant and enter the same in the minutes.

Concrete monuments shall be installed in accordance with the requirements of the New Jersey Map Filing Law.[1] In any case, all corners shall be set with markers in accordance with N.J.A.C. 13:40-5.1.

Natural features such as trees, hilltops and views, natural topography, open waters, critical areas and natural drainage features shall be preserved to the maximum extent possible in the design of any development on land containing such features.

No topsoil shall be removed from areas intended for lawns, buffer areas and any undisturbed land. Topsoil moved during the course of construction shall be redistributed on the lot so as to provide at least four inches of cover on all undeveloped areas, which cover shall be stabilized by seeding and/or planting in accordance with an approved landscaping plan (see § 145-808). No topsoil shall be exported from the development site.

No soil shall be removed from or imported to any site in excess of 20 cubic yards per year without the prior approval of the Board. For this purpose, a plan shall be submitted showing the quantity and source of the soil and how the soil or underlaying material is to be distributed and stabilized, including grading contours. An approved soil erosion and sediment control plan in accordance with § 145-813 is also required. If the soil is to be imported, a plan shall be submitted describing methodology and frequency of testing the soil to ensure that the soil is not contaminated per NJDEP standards. No hazardous materials shall be buried on site without the knowledge and consent of the Board. Finally, the plan shall describe the size and number of vehicles that are proposed for hauling the removed or imported soil, and the proposed hauling route.

The existing vegetation on the site must be preserved outside of the limits of development. All trees or groups of trees having a diameter of four inches or more, measured four feet off the ground, which are not required to be removed by the proposed construction and which are located within 50 feet or the radius of the drip line of the tree(s), whichever is greater, from any construction area shall be protected with snow fencing prior to the commencement of and during construction. Tree removal may only be done in accordance with a permit issued under the Tree Protection Ordinance, Chapter 183[1] of the Code of the Borough of High Bridge. The limits of disturbance together with the locations and species of the trees to be preserved shall be indicated on the site plan and/or subdivision submission, along with the proposed means of protection.

All areas with existing vegetation to be preserved, whether trees, shrubs, or fields, must be clearly demarcated on the construction plans and, where required by the Board, fencing or other appropriate methods to prevent unauthorized disturbance must be erected in the field. Other areas where access is restricted, including critical areas, buffers, and easements, shall also be shown on the construction plans and barriers to access erected in the field.

For the continued protection and enjoyment of natural features, the developer shall place such features as directed by the Board into conservation easements.

See also § 145-808, Landscaping.

Nonresidential landscaping.

Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and public streets and shall be in accordance with § 145-804B of this chapter. The lighting of all off-street parking areas, including any deferred parking areas that may be approved by the Board as provided in § 145-807C, shall be shown on the plan. All lighting sources must be adequately shielded to avoid any glare. A lighting plan shall be provided that shows on-site footcandles and footcandles within 25 feet of the property line.

Paving and curbing.

Access. The center lines of any separate access points to a single lot shall be spaced at least 125 feet apart, shall handle no more than three lanes of traffic and, on a corner lot, shall have a setback of at least 25 feet, or 1/2 the lot frontage, whichever is greater, from the point of tangency of the existing or proposed curb radius of either of the intersecting streets. Driveways into nonresidential developments shall have a minimum setback of 25 feet from the side property line unless a further distance is required due to buffer areas. Continuous open driveways having a width in excess of 16 feet at the street line shall be prohibited except that two-way driveways serving nonresidential uses and multiple-family developments shall be at least 24 feet wide. In all instances, due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes shall be given. Curbing shall be depressed at the driveway or the curbing may be rounded at the corners and the driveway connected with the street in the same manner as another street. All points of access to nonresidential and multifamily residential developments shall be graded and adequate drainage facilities installed to minimize the surface discharge of stormwater runoff entering the public road. No use shall have its access from a driveway originating in a different zone than the zone in which the use itself is located and no driveway shall be constructed or used to give access to a use in a zone other than the zone in which the driveway is located.

Barrier-free access. All parking areas shall be designed in conformance with N.J.A.C. 5:23-7.1 et seq., the Barrier-Free Subcode, as well as the Americans with Disabilities Act.

Location of parking and loading. No parking or loading of vehicles shall be permitted in fire lanes, streets, driveways, landscaped areas, aisles, buffer areas, sidewalks, or turning areas. All parking and loading areas shall have a minimum setback of 25 feet from a property line unless a further distance is required due to buffer areas. Internal roads, parking access aisles, parking and loading areas, curbs and landscaping shall be designed to reasonably accommodate the turning movements of emergency vehicles regularly and routinely serving High Bridge Borough without requiring the mounting of curbs or interference with landscaping. Where there is a row of perpendicular or angled parking stalls contiguous to a building, there shall be a gap of at least nine feet in width defined by mountable curbing to allow access by emergency vehicles to the facade of each building facing such parking. Where a parking space abuts a landscaped area or walkway at one end, a wheelstop or bumper shall be placed within the parking space, two feet from the end, to keep vehicles from overhanging the sidewalk or planted area.

Type of facility.

Landscaping shall be provided as part of each overall site plan design and integrated into building arrangements, topography, parking and buffering requirements. Landscaping shall include trees, shrubs, ground covers, perennials, grasses, sculpture, art and the use of building and paving materials in an imaginative manner.

The existing sense and appearance of the rural village and natural scenic qualities of the Borough should be encouraged in site development. Retention of existing, native vegetation is required to the maximum extent possible.

Landscaping plan.

The following design principles shall be followed:

Maintenance guarantee. The landscaper or developer shall guarantee that all plantings will survive for a minimum of two years after the date of completion of the project. During such time, any tree, shrub or perennial plant that dies or is severely browsed so as to hinder its future growth must be replaced in-kind. The cost of the landscaping shall be included in the performance bond for the entire project (see § 145-702D). During the project construction, the developer shall be responsible for maintaining all plantings including supplemental watering, deer protection, weeding, mulching, and any other measures that may be required to ensure survival of the plants.

All public services shall be connected to an approved public utilities system where one exists. The developer shall arrange with the servicing utility for the underground installation of the distribution supply lines and service connections, in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff, as the same are on file with the New Jersey State Board of Public Utility Commissioners. However, lots not part of a new major subdivision or site plan which abut existing streets where overhead electric, CATV or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric, CATV and telephone service from these overhead lines, but any new service connections from the utilities' overhead lines shall be installed underground. In cases where extension or replacement of service is needed for existing or new buildings in established subdivisions or developments, the present method of service may be continued. In the case of existing overhead utilities, however, should a road widening or an extension of service or such other condition occur as a result of the development and necessitate the replacement or relocation of such utilities, the developer shall cause the replacement or relocation to be underground. All underground utility lines shall be placed in conduits to facilitate access for maintenance purposes.

Easements along property lines or elsewhere for utility installations may be required. Such easements shall be at least 15 feet wide and located in consultation with the utility concerned and, to the fullest extent possible, shall be centered on or adjacent to lot lines. Such easement dedication shall be expressed on the plat or plan as follows: "Utility right-of-way easement granted for the purposes provided for and expressed in the Land Use and Development Ordinance of the Borough of High Bridge." Utility easements along street right-of-way lines shall be a minimum of 10 feet in width. Where a utility easement is located on or along a side lot line, the affected side yard(s) shall be increased by the width of the easement or portion thereof on the lot(s) but shall not be required to be greater than 25 feet in the R-3 and R-4 Zones. No increase in width of the side yard is required in all other zones.

Where a public wastewater treatment plant and collection system is accessible, or where such facilities are to be constructed as a condition of approval of any application for development, the developer shall construct such wastewater treatment facilities and/or sanitary sewer lines and building connections in accordance with the High Bridge Borough Wastewater Management Plan and NJDEP permit requirements and in such a manner as to make adequate sewage treatment available to each lot and building within the development.

Where the use of subsurface sewage disposal systems is proposed, the same may be approved if all requirements of the NJDEP and County and Borough Boards of Health or their assigns are met.

In the event of approval of the use of individual subsurface disposal systems, the Board additionally may require the installation of sewer lines, including lateral connections to each building up to the right-of-way line (i.e., street line), for future use when public sewage treatment facilities are provided to serve the realty improvements to be constructed in the development.

The end fitting of all dry sanitary sewer building connection lines shall have a "tamper proof" plug or cap, temporarily sealed with a material that can be removed to utilize the fitting when the system is to be activated. The Plumbing Subcode Official or the Plumbing Inspector shall affix an adhesive-backed disc on the cap or plug bearing a preprinted message and instructions related to tampering and future use, that will be sufficient to alert and warn the original and subsequent occupants of the building. The capping and plugging shall be performed by the developer at his expense and the message disc shall be provided and attached by a Borough representative.

All sanitary sewer lines shall be air and mandrel tested. Additionally, all lines shall be video recorded and a videotape of the lines shall be provided to the Borough Engineer immediately prior to the activation of the sewer lines or acceptance of the streets in which the lines are constructed, whichever occurs earlier.

All sanitary sewers and individual subsurface disposal systems shall comply with the provisions of Chapter 171,[1] Sewers, of the Code of the Borough of High Bridge and, for residential development projects, the Residential Site Improvement Standards, as applicable.

Streets.

Curbs. Curbing, either granite block or concrete, shall be installed at all street intersections, where stormwater velocities exceed the erosion velocities specified in the Standards for Soil Erosion and Sedimentation Control in New Jersey Manual, where necessary for traffic channelization and control, for public safety reasons, and/or bordering streets or other areas where on-street parking is permitted and/or is likely to occur. Curbing on all Borough streets shall be granite block or concrete. All curbing shall be laid in the manner approved by the Borough Engineer or the County Engineer in the case of county roads. Depressed curb ramps for the handicapped shall be installed at all radii in accordance with the laws of the State of New Jersey.

Sidewalks and/or pedestrian-bikeway corridors.

Where public water is available, water mains shall be constructed in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the applicable water utility and all local and/or state agencies having approval authority; shall comply with the provisions of Chapter 194,[1] Water, of the Code of the Borough of High Bridge; and shall be subject to their approvals. The system shall also be designed with adequate capacity and sustained pressure and shall be a looped system with no dead-end lines, whenever possible.

Where no public water is available, all water requirements shall be stated in the development application, and shall be furnished on an individual lot basis. Water shall be supplied from wells only after an approved or accepted geologic study is furnished by the applicant and certified by a professional geologist that the underground water supply and levels will not be appreciably altered in such a way as to endanger the water level and supply for other properties. If a well is installed on a lot which also contains its own sewage disposal facilities, the well shall be of the drilled type with a minimum 50 feet of casing where possible or, where such minimum footage of casing is not possible, the well shall be drilled at least 20 feet into unweathered rock. Well installation, sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954), as amended, and in accordance with all applicable ordinances of the Borough of High Bridge and all regulations of the County and Borough Boards of Health. Prior to the issuance of a certificate of occupancy for any building served by an individual well, the developer shall certify to the Borough Board of Health and Planning Board that he has complied with all applicable state and local regulations.

Purpose. The purpose of this section is to control soil erosion and the resulting sedimentation within the Borough by requiring proper provisions for water disposal and the protection of soil surfaces during and after construction. Land disturbance and lot grading in areas undergoing housing construction, industrial and commercial development, and highway and utility construction cause stormwater runoff, soil disturbance, destruction or removal of ground cover or plant life, all of which result in off-site sediment damage. Such protection is deemed essential and necessary to protect the public health, convenience, safety and welfare of the citizens of the Borough of High Bridge to accomplish the following objectives:

Definitions. The following definitions shall apply specifically to the interpretation and enforcement of this section, notwithstanding a similar term defined in Article I:

Applicability.

Application procedure.

Standards.

Implementation of proposed measures. Since considerable soil erosion can take place during land disturbance, development plans shall contain proposed soil erosion and sediment control measures and shall be incorporated into any final construction drawings that are prepared. Soil erosion and sediment control measures shall conform to the standards as defined in Subsection E above. The measures shall apply to all features of the construction site, including street and utility installations, as well as to the protection of individual lots.

Maintenance of soil erosion and sediment control measures. Individuals or developers carrying out soil erosion and sediment control measures under this section and all subsequent owners of property on which such measures have been installed must adequately maintain all permanent soil erosion control measures, devices and plantings in effective working condition for a minimum period of two years after implementation. The Borough Engineer shall give the applicant, upon request, a certificate indicating the date on which the measures called for in the approved plan were completed.

Inspection and enforcement.

Maintenance bonds. The Planning Board may require a cash amount to be deposited in an escrow account in favor of the Borough of High Bridge in an amount not to exceed 15% of the estimated cost of improvements called for in the approved soil erosion and sediment control plan or grading plan. The amount of the maintenance guaranty shall be determined by the Borough Engineer based on a review and approval of an estimate of quantities and costs prepared by the applicant's engineer. Said maintenance bond/account shall run for a period of two years. Said two-year period shall run from the date of the issuance of the last certificate of occupancy for a site plan or for the last home in the development as shown on the preliminary plat in the case of a subdivision. Such maintenance guaranty may be made part of the maintenance bond required by this chapter.

Liability insurance. Prior to final approval of any site plan or any section of a major or minor subdivision, the applicant shall have filed with the Borough of High Bridge a certificate of liability insurance of at least $50,000 to cover damage to surrounding properties or watercourses.

Fees. Application and escrow fees required for the plan reviews, inspections and permits described herein shall be posted in accordance with § 145-701.

Violations and penalties.