Mountain Lakes City Zoning Code
ARTICLE VIII
Subdivision of Land and Site Plan Review
§ 245-54 Purpose; approving agency; administration.
A.
The purpose of this article shall be to provide rules, regulations and standards to guide land subdivision and site development in the Borough.
B.
The provisions of this article shall be administered by the Borough Planning Board in accordance with N.J.S.A. 40:55D-37 et seq. or the Zoning Board of Adjustment in accordance with N.J.S.A. 40:55D-76.
C.
Any action taken by the Planning Board under this article shall give primary consideration to the health, safety and welfare of the citizens of the Borough. However, if the applicant can clearly demonstrate that because of conditions pertaining to the premises the literal application of one or more of these rules, regulations and standards is impracticable or will exact undue hardship, the Planning Board may permit such change or changes therefrom as may be reasonable and within the general purpose and intent of the rules, regulations and standards.
D.
The provisions of this article shall govern the submission and processing of applications for subdivision and site plan approval.
§ 245-55 Applications; procedure for filing.
A.
Applications for development within the jurisdiction of the Planning Board, pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., shall be filed with the administrative officer. The applicant shall file at least 15 business days before the date of the monthly meeting of the Board the number of required copies determined by the Planning Board Administrator of a sketch plat or concept plan if required, of the application for minor subdivision approval, plans for major subdivision approval, site plan review, conditional use approval, informal review or planned development. At the time of filing the application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps and other papers required by virtue of any provision of this chapter or any rule of the Planning Board. The applicant shall obtain all necessary forms from the administrative officer of the Board who shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
B.
Separate and complete applications shall be submitted for preliminary and final plans. A change in a duly approved subdivision or site plan shall require approval of the Planning Board or Zoning Board of Adjustment.
§ 245-56 Environmental impact statement.
§ 245-57 Subdivision review and approval.
The review and approval of subdivision applications shall be governed by this chapter.
A.
Informal review. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit an application fee for such an informal review but will be required to establish an escrow account to cover the cost for professional services. The developer shall not be bound by such a review. The informal review presentation shall be limited to 30 minutes.
B.
Preliminary subdivision review and approval.
(1)
An application for preliminary subdivision review and approval shall meet requirements of this chapter. The Planning Board may submit copies of the application to other governmental bodies and to consultants for review and reports.
(2)
Prior to issuance of preliminary subdivision approval, the Planning Board shall review the plans and reports and ascertain compliance with the provisions of this chapter, including, but not limited to, environmental impact statement, soil erosion and sedimentation control plan, surface water management plan and Wellhead Protection Area.
(3)
All necessary permits and approvals shall be obtained before a construction permit may be issued and before construction may commence.
C.
Final subdivision plat review and approval.
(1)
Before consideration by the Planning Board of a final subdivision plat, the subdivider shall have installed the improvements required by the Planning Board under § 245-62 or the Planning Board shall require the posting of adequate performance guaranties and subsequent maintenance guaranties as required in § 245-62B.
(2)
The final plat shall have incorporated therein all changes or modifications required by the Planning Board with respect to the preliminary plat.
(3)
The final plat shall be accompanied by:
(a)
A certification from the Borough Engineer stating that all improvements required by the Planning Board on preliminary approval have been installed in compliance with all applicable laws and to the satisfaction of the Engineer and, if required by the Planning Board, a certification from the Borough Clerk stating that a satisfactory maintenance bond has been filed; or
(b)
A certification from the Borough Clerk stating:
[1]
That a developer's agreement with the Borough has been executed providing such reasonable conditions as the Borough Council finds necessary to assure that the required improvements shall be properly executed and shall function so as not to create any nuisance or condition adverse to the public interest; and
[2]
That a satisfactory performance guarantee has been filed.
(c)
A certification from the Borough Engineer stating that the final plat has incorporated therein all changes or modifications required by the Planning Board in respect to the preliminary plat.
D.
In addition to the provisions of this chapter, all subdivisions which adjoin, include or affect county roads, county drainage structures or county drainage facilities shall meet the design standards specified in and required by the County Development Standards; and subdivision development shall meet the regulations and requirements of this chapter and Chapter 102.
§ 245-58 Subdivision submission requirements.
A.
Common requirements. Plats shall be drawn on sheets measuring 24 inches by 36 inches. They shall show or include the following information:
(1)
Name and address of applicant and owner.
(2)
Borough Tax Map block and lot numbers.
(3)
Name, title, professional seal and signature of person preparing the plat.
(4)
Place for the Chairman, the administrative officer of the Planning Board and the Borough Engineer to sign.
(5)
Scale shall equal 50 feet to the inch except, for one acre or less, the scale shall be 20 feet to the inch.
(6)
Date and revision dates of drawings.
(7)
North arrow.
(8)
Key map showing the entire site plan and its relation to surrounding areas. Where required for a public hearing, the key map shall show name and location of all property owners within 200 feet, with block and lot numbers.
(9)
Name and location of all contiguous property owners, with block and lot numbers.
(10)
Existing zoning and zone boundaries and contiguous zone classifications.
(11)
All existing and proposed streets within 200 feet.
(12)
Area of entire tract.
(13)
Area of each proposed lot, lot widths and depths.
(14)
All existing and proposed property line dimensions and bearings, and all setback lines, except that a sketch plat for a cluster development need not show bearings.
(15)
Present and proposed elevations based on New Jersey Geodetic Control Survey Datum, at two-foot contour intervals.
(16)
Location, size and nature of all existing and proposed rights-of-way, easements and other lands, if any, to be dedicated to the Borough.
(17)
Location and type of all existing and proposed storm drainage facilities, watercourses and ditches, water and sanitary sewer lines.
(18)
Location of all trees 6" or greater DBH and tree masses.
(19)
Historic Preservation Checklist for Certification, delivered to Historic Preservation Committee.
B.
Sketch plats.
(1)
Sketch plats for a cluster development subdivision shall be designed and drawn by a New Jersey licensed professional engineer, surveyor, planner or architect. It shall meet the requirements of Subsection A above and, in addition, shall show major environmental features such as vegetation, soils, ground and surface waters and land proposed to be left as open space.
(2)
The Planning Board may require additional and more specific information to provide the basis for a decision on a conventional or a clustering design option.
C.
Minor subdivision plats. A minor subdivision plat shall be prepared by a New Jersey licensed professional engineer or land surveyor and shall meet the requirements of Subsection A above. In addition, the plat shall show all existing structures and trees 6" or greater DBH on the tract.
D.
Preliminary plat. The preliminary plat shall be designed and drawn by a New Jersey licensed professional engineer in accordance with Section III(C) of the County Development Standards, as the same presently exists and as may be amended or supplemented from time to time, and shall be accompanied by the other maps, documents, plans, items and other items specified in and required by Section III(C). It shall also meet the requirements of Subsection A, Common requirements, hereinabove. In addition, the developer shall:
(1)
Submit plans of any proposed utility layouts showing feasible connections to existing or any proposed utility system.
(2)
Submit a copy of any protective covenants, easements or deed restrictions which apply to the land being subdivided.
(3)
When an individual water supply or sewage disposal system is proposed, submit a plan for such system which has been approved by the appropriate local, county or state health agency. When a public sewage disposal system is not available, the developer shall have percolation tests made and submit the results, approved by the Borough Board of Health, with the preliminary plat.
(4)
Submit an environmental impact statement.
(5)
Submit a soil erosion and sedimentation control plan.
(6)
Submit a surface water management plan.
(7)
Submit a groundwater management plan if in the Wellhead Protection Area.
(8)
Submit a landscaping plan.
(9)
Submit a wetlands and transition area delineation or waiver approved by the New Jersey Department of Environmental Protection (NJDEP).
E.
Final plat. The final plat shall be designed and drawn by a licensed New Jersey land surveyor on the basis of, and in accordance with, the Map Filing Act, N.J.S.A. 46:23-9.9 et seq., and Sections III(D) and (E) of the County Development Standards, as the same presently exist and as the same may be amended or supplemented from time to time. The final plats shall show that all Borough and county requirements involved in obtaining tentative approval for the preliminary plat have been met and shall be accompanied by any other maps, documents, plans and other items specified in and required by said sections III(D) and (E).
§ 245-59 Utilities.
A.
General plans. When an individual water supply or sewage disposal system is proposed, the plan for such systems shall be approved by the appropriate local, county or state health agency and such approval shall be submitted with the preliminary plat. Any submission or part thereof which does not meet the requirements of this chapter and other applicable laws, ordinances and regulations shall not be approved. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, county or state health agency.
B.
Underground utilities. For all major subdivisions, the applicant shall arrange with the serving utilities for the underground installation of the utility's distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff, as the same are then on file with the State of New Jersey Board of Public Utility Commissioners. The applicant shall submit to the Planning Board, prior to the granting of preliminary approval, a written instrument from each serving utility, which shall evidence full compliance with the provisions of this subsection, provided that lots in such subdivisions which abut existing streets where overhead electric or telephone distribution supply lines have theretofore been installed on any portion of the streets involved may be supplied with electric and telephone service from such overhead lines or extensions thereof, but the service connections from the utilities' overhead lines shall be installed underground. The location of access facilities for servicing the utility in the proposed subdivision shall be developed in conjunction with and as part of the complete subdivision plan.
C.
Rights-of-way. Wherever the utility is not installed in the public right-of-way, an appropriate utility easement not less than 15 feet in width shall be provided.
D.
Inspection and approval by Borough. All such underground installations for utilities and their service lines shall be subject to inspection and approval by the Borough Engineer, who shall be notified of such underground installations at least 48 hours prior to any excavation therefor. No underground installation shall be covered until inspected and approved by the Borough Engineer and those agencies having jurisdiction over the particular installation.
§ 245-60 Certificate showing approval of subdivision.
The provisions of N.J.S.A. 40:55D-56 and 40:55D-57 shall apply to any request by a prospective purchaser, mortgagee, or other person interested in any land which forms a part of a subdivision, or which formed part of such a subdivision, three years preceding the effective date of the Municipal Land Use Law, where such request is for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board.
§ 245-61 Violations and penalties.
A.
If, before final approval has been obtained, any person transfers, sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Board shall be required to act, such person shall be subject to a fine as provided in Article III of Chapter 1, and each parcel, plot or lot so disposed of shall be deemed a separate violation.
B.
In addition to the foregoing, if the streets in the subdivision are not such that a structure on the land in the subdivision would meet requirements for a construction permit under N.J.S.A. 40:55D-34 and 40:55D-35, the Borough may institute and maintain a civil action for injunctive relief or set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
C.
In any such action the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or successors to secure the return of any deposit made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action shall be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of such land, or within six years if unrecorded.
§ 245-62 Installations and improvements.
A.
Prior to the filing of final subdivision plats or recording of minor subdivision deeds; or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the developer shall have installed or shall have furnished performance guarantees as permitted pursuant to § 245-63 for the ultimate installation of the following as required or deemed necessary or by the Planning Board or Board of Adjustment:
(1)
Streets shall be constructed in accordance with Standards for Subdivision Construction, latest revision, as prepared by the Borough Engineer. Water and sewer construction and other improvements shall be performed in accordance with a developer's agreement with the Borough Council.
(2)
Curbs and sidewalks.
(a)
Curbs shall be installed on both sides of all new roads and shall conform with the above Standards for Subdivision Construction as required by the Planning Board.
(b)
When curbing in residential areas is deemed necessary by the Planning Board, mountable curbing shall be installed, except where vertical curbing is required for pedestrian safety or where it has been an established pattern in the neighborhood. Such vertical curbing is to be of concrete unless a pattern of Belgian block has been established in the neighborhood in which case Belgian block shall be used.
(c)
Sidewalks shall be installed on one side of a road, or as required by the Planning Board. The requirements of sidewalks may be waived if, in the judgment of the Planning Board with the concurrence of the Borough Council, they are neither desirable nor necessary.
(3)
Streetlights.
(4)
Shade trees shall be located as approved by the Borough Shade Tree Commission in the right-of-way so as not to interfere with utilities or sidewalks. Shade trees shall be of the species listed in the "Recommended List of Replacement Trees" maintained on the Borough website and kept on file in the office of the Borough Clerk; or any species approved by the Shade Tree Commission.
(5)
Monuments shall be of the size and shape required by N.J.S.A. 46:23-9.9 et seq., and shall be placed in accordance with the statute.
(6)
All water main, culvert and storm sewer installations shall be properly connected with an approved system and shall be adequate to handle all present and probable future development. All sewer connection fees for all lots shall be paid to the Borough.
B.
All of the above listed improvements shall be subject to inspection and approval by the Borough Engineer who shall be notified by the developer at least 48 hours prior to the commencement of construction. No underground installation shall be covered until inspected and approved.
C.
No topsoil shall be removed from the site or used as spoil unless approved by the Planning Board. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting. Nothing herein shall be deemed to waive any requirement of Chapter 102. Nothing herein shall be deemed to waive any requirements for construction permits. Notwithstanding any other provision of this chapter, no certificate of occupancy shall be issued to the subdivider until all improvements as shown on the approved improvement plans are installed and approved by the Borough Engineer, except such permit may be issued:
(1)
On certification in writing by the Borough Engineer that all improvements listed in this section and § 254-63 have been installed or improved; that the best interests of the Borough require a delay for engineering reasons before the subdivider completes the other improvements; and that the subdivider posts a cash bond in the amount approved by the Borough Engineer for that portion of the improvements yet to be completed and maintenance of those completed in the particular section affecting the building in question.
(2)
The subdivider shall notify each homeowner on forms supplied by the Borough Clerk that he has deposited funds with the Borough to guarantee the completion and maintenance of the required improvements and a copy thereof, together with proof of service, shall be filed with the Borough Engineer. The maintenance guarantee shall remain in effect for two years from date of approval of the improvement by the Borough Engineer.
D.
Grading.
(1)
Prior to the issuance of a certificate of occupancy, the subdivider shall have graded the land of the lot to which the certificate of occupancy applied, in a manner approved by the engineer to ensure proper drainage of the lot.
(2)
All lots shall be graded to drain away from the buildings on the lot. The grading shall be at a minimum slope of 2%. Where the ground beyond the limits of the above grading rises in elevation, the grading shall include a swale parallel to the building. Such swale shall have a minimum slope of 1%. All drainage provisions shall be of such design so as to adequately handle the surface runoff and carry it to the nearest suitable outlet.
E.
Acceptance of certain public utility improvements. The provisions of N.J.S.A. 40:55D-53.6 shall apply to any street lighting required to be installed as a condition of any development approval on a dedicated public street connected to a public utility.
§ 245-63 Performance and maintenance guarantees.
A.
Performance guarantees. The Borough of Mountain Lakes may require and shall accept in accordance with N.J.S.A. 40:55D-53 and 53.1, a developer to furnish a performance guarantee in favor of the Borough for the purpose of assuring the installation and maintenance of certain on-tract improvements, in accordance with the following:
(1)
The amount of the performance guarantee shall not exceed 120% of the cost of installation of only those improvements set forth herein as required by an approval, developer's agreement, ordinance, or regulation to be dedicated to a public entity and have not been installed. The cost of installation shall be determined and/or approved by the Borough Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 in an itemized cost estimate, which shall be appended to each performance guarantee posted by the obligor. The following improvements as shown on the approved plans or plat shall be included in the calculation of cost of installation for the purposes of a performance guarantee: streets, pavement, gutters, curbs, sidewalks, streetlighting, street trees, surveyor's monuments, as shown on the final map and required by the "Map Filing Law," P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.; repealed by section 2 of P.L. 2011, c. 217) or N.J.S.A. 46:26B-1 through 46:26B-8, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements.
(2)
A performance guarantee shall also include, within an approved phase or section of a development, privately-owned perimeter buffer landscaping, as required by local ordinance or imposed as a condition of approval. At the developer's option, a separate performance guarantee may be posted for the privately-owned perimeter buffer landscaping.
(3)
A successor developer shall furnish a replacement performance guarantee in accordance with this section as a condition to the approval of a permit update under the State Uniform Construction Code, for the purpose of updating the name and address of the owner of the property on a construction permit.
(4)
Ten percent of every performance guarantee shall be in the form of cash or a certified check payable to the Borough of Mountain Lakes, with the remaining 90% provided by a bonding or surety company authorized to serve as a surety in the State of New Jersey and approved by the Borough Council and Borough Attorney as to form pursuant to N.J.S.A. 40:55D-53b; cash or a certified check; an irrevocable letter of credit pursuant to N.J.S.A. 40:55D-53.5; or such other security as may be approved by the Borough Council.
B.
The Borough may require a developer to furnish a "safety and stabilization" guarantee in favor of the Borough. At the developer's option, a "safety and stabilization" guarantee may be furnished either as a separate guarantee or as a line item of the performance guarantee.
(1)
The "safety and stabilization" guarantee shall be available to the municipality solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
(a)
Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure; and
(b)
Work has not recommenced within 30 days following the provision of written notice by the municipality to the developer of the municipality's intent to claim payment under the guarantee. The Borough shall not provide notice of its intent to claim payment under a safety and stabilization guarantee until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The Borough shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt.
(2)
The amount of a safety and stabilization guarantee for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000.
(3)
The amount of a safety and stabilization guarantee for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows: $5,000 for the first $100,000 of bonded improvement costs, plus 2 1/2% of bonded improvement costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement costs in excess of $1,000,000.
(4)
The Borough shall release a separate safety and stabilization guarantee to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required under this subsection.
(5)
The Borough shall release a safety and stabilization guarantee upon the Borough Engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.
C.
Maintenance guarantees. The developer shall post with the Borough, prior to the release of a performance guarantee required pursuant to this section, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
(1)
The maintenance guarantee shall be posted, upon the inspection and issuance of final approval of the following site improvements by the Borough Engineer, in an amount not to exceed 15% of the cost of the installation: stormwater management basins, in-flow and water quality structures within the basins, and the out-flow pipes and structures of the stormwater management system, if any, which cost shall be determined according to the method of calculation set forth in N.J.S.A. 40:55D-53.4.
(2)
Every maintenance guarantee shall be expressly conditioned upon maintenance by the developer of all covered improvements for a period of two years, and particularly shall guarantee the remedying of any defects in such improvements which occur during that period. The maintenance guarantee shall further guarantee the replacement of any shade trees found to be unhealthy within two years of planting.
(3)
In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required for such utilities or improvements.
(4)
Notwithstanding anything to the contrary herein or set forth in the Municipal Land Use Law, the Borough may use all or any part of moneys deposited in connection with a maintenance guarantee to the extent necessary to complete or repair required improvements, and such action by the Borough shall not relieve any obligor and/or surety of its obligations in connection with the maintenance guarantee.
D.
Without limiting the foregoing in any way, the provisions of N.J.S.A. 40:55D-53, 40:55D-53a, 40:55D-53b, 40:55D-53c, 40:55D-53.3, 40:55D-53.4, and 40:55D-53.5 shall apply to all guaranties submitted to the Borough of Mountain Lakes in accordance with this section.
§ 245-64 Design standards for subdivisions and site plans.
A.
General. The subdivision plat and site plan shall conform to design standards that shall encourage good development patterns within the Borough. The subdivision and site plan shall conform to the proposals and conditions shown in the Master Plan. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on the Master Plan shall be considered. Streets and drainage rights-of-way shall be shown on the final plat in accordance with N.J.S.A. 40:55D-38 et seq., and shall be such as to lend themselves to the harmonious development of the Borough and enhance the public welfare in accordance with the design standards hereinafter set forth.
B.
Streets.
(1)
The arrangement of streets shall be such as to provide for the appropriate extension of, or intersection with, existing streets.
(2)
Minor streets shall be so designed as to discourage through traffic.
(3)
Subdivisions abutting through traffic streets shall provide a marginal service road or reverse frontage with a buffer strip for planting, or some other means of separation of through and local traffic as the Planning Board may determine.
(4)
The right-of-way width shall be measured from lot line to lot line and shall be not less than the following:
(a)
Through traffic or arterial streets: 80 feet.
(b)
Collector streets: 60 feet.
(c)
Minor streets: 50 feet.
(d)
Marginal access streets: 40 feet.
(e)
The right-of-way width for internal roads and alleys in commercial and industrial development shall be determined on an individual basis and shall, in all cases, be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for fire-fighting equipment.
(5)
The pavement width shall be determined for each case by the Planning Board, recognizing that, in residential areas, narrow streets and mountable curbing are preferred.
(6)
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 Borough Council under conditions approved by the Planning Board.
(7)
Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or the street width requirements of this chapter shall dedicate by deed, additional width along either one or both sides of the road if so required by the Planning Board. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated, if so required.
(8)
Grades of through traffic streets and collector streets shall not exceed 4%. Grades on other streets shall not exceed 10%. No street shall have a minimum grade of less than 1%.
(9)
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. The block corners at intersections shall be rounded at the property line with a curve radius of not less than 25 feet.
(10)
Street jogs with center-line offsets of less than 125 feet shall be prohibited.
(11)
A tangent at least 100 feet long shall be introduced between reverse curves on through traffic and collector streets.
(12)
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 center-line radius of not less than 100 feet for minor streets and 300 feet for through traffic and collector streets.
(13)
All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
(14)
Dead-end streets or culs-de-sac shall provide a turnaround at the end with a right-of-way radius of not less than 50 feet. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
(15)
No street shall have a name which shall duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
C.
Blocks. Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the zoning provisions of this chapter and to provide for convenient access, circulation control and safety of street traffic.
D.
Lots.
(1)
Lot dimensions and area shall not be less than the requirements of the applicable zoning provisions of this chapter.
(2)
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets. New side lot lines shall be straight from front to rear.
(3)
Each lot shall front upon an approved street.
(4)
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra line, and all setbacks shall be measured from such line.
(5)
Where there is a question as to the suitability of a lot(s) for its intended use due to factors such as rock formations, flood conditions, high water table or where percolation tests or test borings show the ground conditions to be inadequate for proper sewage disposal, or where there exists similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots that do not meet the requirements set forth in Chapter 102.
(6)
No lot may be subdivided so that a new house could be constructed behind existing houses in the interior of an established block, or in such a manner that a new lot can meet the required frontage only by creating a new street, except for a subdivision of more than three lots.
E.
Public use and service areas.
(1)
In large-scale developments, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or municipal departments concerned.
(2)
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and with such further width or construction, or both, as is necessary to protect such waterway, as determined by the Borough Engineer.
F.
Building and design layout. The building and design layout of buildings and parking areas shall provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to energy conservation during construction and operation, safety and fire protection and impact on surrounding development and contiguous and adjacent buildings and lands. Architectural design shall be compatible with the environmental and natural characteristics of the tract. Natural features such as trees, hilltops and views shall be preserved wherever possible in designing any subdivision containing such features.
G.
Lighting.
(1)
Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be a type approved by the Planning Board. Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties.
(2)
All parking areas shall be lighted to provide a minimum of three footcandles at intersections and a total average illumination of one footcandle throughout the parking area. Such lighting shall be shielded in such a manner as not to create a hazard or nuisance to the adjoining properties or the traveling public.
H.
Buffering.
(1)
Buffering shall be located to minimize headlights of vehicles, noise, light from structures, the movement of people and vehicles and to shield activities from adjacent properties when necessary. Buffering may consist of fencing, evergreens, shrubs, berms, rocks, boulders, mounds, bushes, deciduous trees or combinations thereof to achieve the stated objectives. The preservation of natural vegetation shall be maximized.
(2)
Extensive buffers shall be provided on nonresidential land abutting residential zones or areas.
I.
Landscaping.
(1)
Landscaping shall be provided as part of the overall plan design and integrated into building arrangements, topography, parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants and the use of building and paving materials in an imaginative manner and with maximum use of existing vegetation where grading conditions permit.
(2)
A landscaping plan shall be submitted with each site plan application. The plan shall identify existing and proposed trees, shrubs, bushes, plant material, ground cover and natural features such as boulders and rock outcroppings and also utilities. It should show where they are or will be located and the planting details. When existing natural growth is proposed to remain, the applicant shall include in the plans proposed methods to protect the existing trees and growth during and after construction. These shall include fences, berms, curbing, tree walls and similar devices. The following principles should be followed:
(a)
Locate and select landscaping features to provide for climate control and solar energy usage; for example, shade trees on the south, of species to shield the hot summer sun, yet permit the winter sun to filter through.
(b)
Use landscaping to accent and complement buildings; for example, groupings of tall trees to break up long, low buildings and lower plantings for taller buildings.
(c)
Provide landscaping in public areas, recreation sites and adjacent to buildings.
(d)
Consider vines and climbing plants for large expanses of walls.
(e)
Consider massing trees at critical points rather than in a straight line at predetermined intervals along streets. Vary types by neighborhood.
(f)
Use ground cover extensively to prevent erosion.
(g)
Provide for a variety and mixture of landscaping. The variety should consider susceptibility to disease, colors, season, textures, shapes, blossoms and foliage.
(h)
Consider local soil conditions and water availability in the choice of landscaping.
(i)
Consider the impact of any proposed landscaping plan at various time intervals. Shrubs may grow and eventually block sight distances. Foundation plants may block out buildings.
(j)
Use fewer large specimens rather than more numerous smaller ones.
(k)
Use deciduous trees of at least two-inch caliper at planting. Evergreens should be at least four feet tall, shrubs at least two feet tall, at planting, except in buffers, where a greater height may be required. All trees shall be balled and burlapped.
(l)
Provide the following intervals between street trees depending on the type, if street trees are planted:
Type of Tree | Planting Interval (feet) | Mature Height (feet) |
|---|---|---|
Large trees | 50 to 70 | 75 and up |
Medium trees | 40 to 50 | 40 to 75 |
Small and ornamental trees | 20 to 40 | 40 or less |
(m)
Provide special landscaping treatment at the site entrances.
(n)
Save unusual specimen trees or trees on slopes whose root systems function as soil stabilizers by proper design of the grade. Maximum effort should be made to save clumps of trees rather than individual ones.
(o)
Landscape at least 5% of the parking area and install one tree for each 10 spaces. The landscaping should be located in protected areas, such as along walkways, center islands and at the end of bays. In narrow islands, use low spreading plants.
§ 245-65 Site plan review and approval.
A.
Informal review. At the request of the developer, the Planning Board shall grant an informal review of a conceptual site plan for a development for which the developer intends to prepare and submit an application. The developer shall not be required to submit an application fee for such an informal review but will be required to establish an escrow account to cover the cost for professional services. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review. The informal review presentation shall be limited to 30 minutes.
B.
Prior to the issuance of a construction permit or a certificate of occupancy for any proposed use or use accessory thereto, except for a single-family home and a municipal capital improvement project, the Planning Board shall review and approve a site plan of the proposed use to ascertain compliance with the provisions of this chapter. However, a sketch plan for a home occupation as a conditional use is acceptable, provided that the requirements of § 245-100 of this chapter are met and that the property has been inspected by a member of the Site Plan Committee of the Planning Board or by a Borough professional. For a change in use that requires no change in existing site improvements and which will cause no significant change in off-site impact, the Planning Board may waive the requirements for a site plan as part of its review. If the Planning Board finds that all requirements have been complied with, it shall approve the site plan and endorse the approval upon the original and at least two copies. One approved copy shall be returned to the applicant and one copy each filed with the Construction Official and Zoning Officer. A change in a duly approved site plan shall require approval of the Planning Board or the Zoning Board of Adjustment and shall require a new certificate of occupancy.
C.
The Planning Board or Zoning Board of Adjustment, when acting upon applications for minor site plan and preliminary site plan approval, shall have the power to grant such exceptions from the requirements for approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval of this chapter, if the literal enforcement of one or more provisions of this article is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
§ 245-66 Enforcement and guaranties.
A.
With respect to any application for a construction permit or a certificate of occupancy related to a site plan approved pursuant to this chapter, the Construction Official, Code Enforcement Official or Zoning Officer may require such evidence as may be necessary to determine whether or not the proposed use will reasonably conform to the requirements of this section and to the site plan previously approved by the Planning Board.
B.
Prior to the issuance of a construction permit or certificate of occupancy by the Construction Official, the Planning Board shall require the posting of a performance guarantee adequate to cover the cost of all improvements; such improvements shall be completed within 18 months after the date of approval of site plan.
D.
All necessary permits and approvals shall be obtained before a construction permit may be issued and before construction may commence.
§ 245-67 Site plan submission and design requirements.
A.
The site plan shall show or include the following information:
(1)
Name and address of applicant and owner.
(2)
Borough Tax Map block and lot numbers.
(3)
Name, title, professional seal and signature of person preparing the plat.
(4)
Place for the Chairperson, the administrative officer of the Planning Board and the Borough Engineer to sign.
(5)
Scale shall equal 50 feet to the inch except, for one acre or less, the scale shall be 20 feet to the inch.
(6)
Date and revision dates of drawings.
(7)
North arrow.
(8)
Key map showing the entire site plan and its relation to surrounding areas. Where required for a public hearing, the key map shall show name and location of all property owners within 200 feet, with block and lot numbers.
(9)
Name and location of all contiguous property owners, with block and lot numbers.
(10)
Existing zoning and zone boundaries and contiguous zone classifications.
(11)
All existing and proposed streets within 200 feet.
(12)
Area of lot.
(13)
Lot frontage and lot depth.
(14)
All existing and proposed bearings and all setback lines.
(15)
Present and proposed elevations based on New Jersey Geodetic Control Survey Datum, at two-foot contour intervals, and delineate slopes of 15% or greater.
(16)
Location, size and nature of all existing and proposed rights-of-way, easements and other lands, if any, to be dedicated to the Borough.
(17)
Location and type of all existing and proposed storm drainage facilities, watercourses and ditches, water and sanitary sewer lines.
(18)
Location of all trees 6" or greater DBH and tree masses.
(19)
Location of all existing and proposed buildings.
(20)
The location of all structures within 200 feet of the property.
(21)
Location of off-street parking areas with dimensions showing parking spaces, loading docks, access drives and a traffic circulation pattern showing all ingress and egress means to site.
(22)
Location and description of all proposed signs and exterior lighting.
(23)
Location, type and size of electric, telephone, cable television and gas mains and appurtenances, both above and below the ground.
(24)
All landscaping, fences, walls, hedges or similar facilities.
(25)
The first-floor plan and front elevation of all proposed buildings.
(26)
Environmental impact statement (major site plans only).
(27)
Soil erosion and sedimentation control plan.
(28)
Surface water management plan.
(29)
Wellhead protection area compliance.
(30)
Landscaping plan.
(31)
Wetlands and transition area delineation or waiver approved by the NJDEP.
(32)
Historic Preservation Checklist for Certification, delivered to Historic Preservation Committee.
C.
In reviewing and acting upon a site plan, the Planning Board shall ascertain that all of the following requirements have been complied with:
(2)
That the location, design or construction of any building or use, including the space for loading and unloading of goods and materials, is not likely to increase the risk of vehicular traffic congestion or danger to pedestrians or general public safety.
(3)
The location, number and size of signs and exterior lighting comply in all respects to Article XIV, Signs and § 245-63. With respect to lighting, the Planning Board may impose requirements concerning lumen strength, shielding and other similar matters, with the objective of protecting neighboring properties from such glare as might become a nuisance while providing sufficient illumination on the premises for safety, security and like purposes.
(4)
That adequate water supply, drainage facilities and sanitary and waste disposal facilities exist, provided that approval by the Planning Board shall not be given until the adequacy and arrangement of the water supply shall have been approved by the Borough Engineer and the purity of the water supply, drainage and sanitary and waste disposal facilities shall have been approved by the Board of Health and the Borough Engineer.
(5)
Anything hereinbefore stated to the contrary notwithstanding, before granting any site approval, the Planning Board shall obtain reports thereon from the Borough Engineer, the Board of Health, the Fire Department and the Police Department and may obtain reports thereon from the Environmental Commission, the Morris County Planning Board and from such other Borough officers, committees and commissions as may be deemed necessary, with special attention to the effect of such approval upon existing municipal services and utilities, it may also hold a public hearing thereon. Should additional facilities be needed, the Planning Board shall forward its recommendations to the Borough Council and shall not issue approval until the Borough Council has either entered into an agreement with the applicant regarding the development of such facilities or has authorized the Planning Board to proceed.
§ 245-68 Residential site improvement standards.
To the extent that any residential site improvement, as defined in § 245-3, is governed by the Residential Site Improvement Standards, it shall be governed exclusively by the Residential Site Improvement Standards, as the same may be amended from time to time, and not by any other provisions of this chapter.
§ 245-69 Additional submission requirements for wireless telecommunications facilities.
If a site plan proposes the placement, construction, erection or modification of a wireless telecommunications facility (excluding eligible facility requests as defined in this chapter), in addition to the applicable documentation and items of information required for site plan approval, the following additional documentation and items of information are required to be submitted to the Planning Board or Board of Adjustment for review and approval as part of the site plan submission:
A.
Documentation by a qualified expert that any existing or proposed wireless telecommunications facility can accommodate capacity for the number and type of antennas proposed;
B.
Documentation by a qualified expert that any proposed wireless telecommunications facilities will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met;
C.
A letter of intent by the applicant, in a form which is reviewed and approved by the Borough Attorney, indicating that the applicant will share the use of any wireless telecommunications facilities with other approved providers of wireless communications services;
D.
A visual impact study, graphically simulating through models, computer enhanced graphics or similar techniques, the appearance of any proposed tower and indicating its view from at least five locations around and within one mile of the proposed wireless telecommunications facility where the wireless telecommunications facility will be most visible; aerial photographs of the impact area shall also be submitted; and
E.
Comments and approvals from all boards, commissions and agencies having jurisdiction shall be considered before final approval.