Totowa City Zoning Code
PART 3
Subdivision and Site Plan Review
§ 415-61 Filing procedures.
Prior to the subdivision or resubdivision of land and prior to the issuance of a building permit or certificate of occupancy for any development for which site plan approval is required, an application for subdivision or site plan, as the case may be, shall be submitted to and approved by the Planning Board in accordance with the requirements of this chapter. For every nonresidential use, site plan approval shall be required for any new building, any addition to an existing building, any change in use of an existing building, any off-street parking area or alteration of said parking area and any other improvement involving land disturbance, including excavation, soil removal, land filling or site clearance; except that applications for subdivision of individual lots for detached one- or two-family-dwelling-unit buildings shall be exempt from site plan review and approval. For any application for a change in use and/or occupancy in a nonresidential zone and/or a nonresidential use, provided that said change in use involves no building construction, land disturbance or additional off-street parking, the Planning Board may permit the submission of a minor site plan containing such information as will make it possible to determine whether or not such change in use meets all of the requirements of this chapter. The Planning Board may also permit the submission of a combined preliminary and final site plan application when, due to unusual conditions relating to the nature of the development, separate preliminary and final site plan applications would not be necessary to meet the purposes of this chapter. In such instances, all procedures and requirements applicable to preliminary site plans, unless otherwise waived by the Planning Board, shall be followed.
A.
Review by Zoning Board of Adjustment. In the event that the subdivision or site plan application required action by the Board of Adjustment as provided in § 415-39A(4) of this chapter, said application shall be submitted to and processed by said Board, which shall act in the same manner as the Planning Board as provided in this chapter.
B.
Content of application. An application for development shall include any and all data and material as required for the appropriate type of application by Article VIII and as indicated on the applicable checklist.
C.
Filing fees. The application shall be accompanied by a filing fee pursuant to § 415-12 to cover the technical, investigative and administrative expenses involved in processing the application.
D.
Complete application. A subdivision or site plan application shall be complete for purposes of commencing the applicable time period for action when so certified by the administrative officer or designee. In the event that the administrative officer or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day-period for purposes of commencing the applicable time period unless the application lacks information indicated on the checklist, the checklist has been provided in writing to the applicant and the Planning Board or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its authorized committee shall grant or deny the request within 45 days of the date of its submission. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that the applicant is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary to approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents required by the Board.
E.
Informal review of sketch plan. At the request of an applicant, the Planning Board shall grant an informal concept review of a sketch or concept plan for a development for which the applicant intends to prepare and submit an application for development. The applicant shall not be bound by any such plan for which review is requested, and the Planning Board shall not be bound by any such review. The sketch plan shall be in sufficient detail to allow the Planning Board to make an informed decision on the merits of the proposed development. The submission of a sketch or concept plan is recommended prior to the filing of a formal application for preliminary subdivision or site plan approval.
§ 415-62 Time for decision.
After the date an appeal is taken from the decision of a municipal officer or the submission of a complete application for development to the administrative officer, the approving authority shall render its decision within the maximum number of days as specified below or within such further time as may be consented to by the applicant in a form approved by the Board Attorney. Where more than one type of application is involved, the longer time period shall apply.
Type of Application | Time Period (Days) | ||
|---|---|---|---|
Site plans: | |||
Minor | 45 | ||
Preliminary approval (10 acres or less, 10 units or less) | 45 | ||
Preliminary approval (more than 10 acres or 10 units) | 95 | ||
Final approval | 45 | ||
Subdivisions: | |||
Minor | 45 | ||
Preliminary approval (10 lots or less) | 45 | ||
Preliminary approval (more than 10 lots) | 95 | ||
Final approval | 45 | ||
Conditional use authorization | 95 | ||
Variance | 120 | ||
Appeal from the decision of a municipal officer | 120 | ||
Direction for issuance of a building permit | 120 | ||
§ 415-63 General.
A.
B.
The Board shall review the application along with reports required from any officials or agencies.
C.
The Board shall grant or deny the application within the times of submission of a complete application prescribed in § 415-62 above or within such further time as may be consented to by the applicant.
D.
Failure of the Board to act within the period prescribed shall constitute approval, and a certificate of the Borough Clerk as to the failure of the Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats. The applicant shall be notified of the Board's action within one week of its action.
E.
Whenever review or approval of an application by the County Planning Board is required, the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
F.
Before the Secretary of the Board returns any approved application to an applicant, the applicant shall have sufficient copies made to furnish one copy to each of the following:
§ 415-64 Minor subdivision plat.
Prior to subdividing or resubdividing land within the Borough, an application shall be filed in accordance with § 415-61 and shall contain all data and information prescribed in § 415-69.
A.
The Board shall classify the application as either a minor or major subdivision. If classified as a minor subdivision and approved by the Board, the plat shall be signed by the Chairman and Secretary of the Board. One copy of the signed plat shall be returned to the applicant within one week following the Board meeting at which approval is granted. No further Board approval shall be required. In classifying a plat as a minor subdivision, the Board may impose such terms and conditions as are reasonable and within the intent of this chapter, including provision for improvements pursuant to Article XI.
B.
Classification as a minor subdivision shall expire 190 days from the date of approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the minor subdivision is filed by the developer with the County Recording Officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Board. In reviewing the application for a minor subdivision, the Board shall be permitted to accept a plat not in conformity with the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that, if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said act.
C.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which the minor subdivision is granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that said minor subdivision shall have been duly recorded as provided in this article.
D.
The Board may extend the one-hundred-ninety-day period for filing of a minor subdivision, if the applicant proves to the reasonable satisfaction of the Board that he has been barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental entities and that he has diligently applied for and pursued the approvals. The length of the extension shall be equal to the period of delay in obtaining the approvals. The applicant may apply for the extension either before or after the expiration date.
E.
The applicant may apply for and the Board shall grant an extension of the minor subdivision approval for a period not to exceed one year from the expiration date, if the applicant proves to the reasonable satisfaction of the Board that he has been barred or prevented, directly or indirectly, from proceeding with his development because of delays in obtaining legally required approvals from other governmental entities and that he has diligently applied for and pursued the approval. The applicant shall apply for this extension either before the expiration date or by the 91st day after the date on which he received the last of the legally required approvals, whichever occurs later.
F.
If the application for a minor subdivision is classified as a major subdivision, the subdivider will be so notified. No further Board action on the application shall be required, and the subdivider shall follow the procedures contained herein for processing approval of a preliminary and final plat of a major subdivision.
§ 415-65 Minor site plan.
Prior to the issuance of a certificate of occupancy in a nonresidential zone and/or a nonresidential building, an application shall be filed in accordance with § 415-61 and shall contain such data and information prescribed in § 415-72 as is necessary for the Board to make an informed decision on the application.
§ 415-66 Preliminary subdivision plat and preliminary site plan.
Application for approval of a preliminary plat or a preliminary site plan shall be filed in accordance with § 415-61 and shall contain all information prescribed in § 415-70 or 415-73, as the case may be.
A.
If the Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application following the procedure in § 415-7.
B.
If the Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of the hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application. The Planning Board shall, if the proposed application complies with this chapter, grant preliminary approval.
C.
Preliminary approval shall, except as provided in Subsection D of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
The general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to § 415-78; except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(2)
The applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.
(3)
The applicant may apply for and the Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.
(4)
The applicant may apply for and the Board shall grant an extension of the preliminary approval for a period not to exceed one year from the expiration date, if the applicant proves to the reasonable satisfaction of the Board that he has been barred or prevented, directly or indirectly, from proceeding with his development because of delays in obtaining legally required approvals from other governmental entities and that he has diligently applied for and pursued the approval. The applicant shall apply for this extension either before the expiration date or by the 91st day after the date on which he received the last of the legally required approvals, whichever occurs later.
D.
In the case of a subdivision of or site plan for an area of 50 acres or more, the Board may grant the rights referred to above for such period of time longer than three years as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.
E.
Whenever the Board grants an extension of preliminary approval, the extension shall begin on what would otherwise be the expiration date. Unless otherwise indicated, the applicant may apply for the extension either before or after the expiration date.
§ 415-67 Installation of improvements; guaranty agreement.
A.
Improvements for final subdivision approval. Prior to final subdivision approval, the applicant shall have installed all improvements set forth in Article XI and all improvements designated upon the applicant's preliminary approvals or, in lieu of the installation of improvements, the applicant may furnish, and the Borough may accept, adequate performance guaranties in accordance with Subsection D below to assure the installation and maintenance of all improvements not installed and approved.
B.
Improvements for final site plan approval. Prior to final site plan approval, the applicant shall have installed any improvements as the Board may determine are necessary prior to building construction; provided, however, that the Borough may accept performance guaranties for the later installation of those improvements referred to in Subsection A above.
C.
Off-tract improvements. Also prior to the filing of an application for final subdivision or site plan approval, the applicant shall have paid his pro rata share of the cost of any off-tract improvements necessitated by his development as determined in accordance with the requirements of Article XII.
D.
Performance guaranty. Performance guaranty for the later installation of those improvements referred to in Subsection A shall be in favor of the Borough of Totowa in an amount equal to 120% of the cost of such improvements. At least 10% of the performance guaranty shall be in the form of cash, certified check, irrevocable assignment of a savings account or certificate of deposit or an irrevocable letter of credit (sufficient in form and substance to the Borough Attorney) made payable to the Borough of Totowa.
E.
Time of guaranty. The performance guaranty shall run for a term not to exceed 18 months from the date of final subdivision approval or 12 months from the date of final site plan approval. With the consent of the principal, the performance guaranty may be extended by the governing body by resolution, after the recommendation by the Board by resolution, for an additional period not exceeding 18 months in the case of subdivision approval and 12 months in the case of site plan approval.
F.
Reduction of performance guaranty. The governing body may, in its discretion, upon application in writing by the developer or subdivider pursuant to N.J.S.A. 40:55D-53, reduce the amount of the performance guaranty upon certification in writing by the Borough Engineer that certain portions of the required improvements and conditions of the governing body have been properly completed and upon posting of property guaranties and maintenance bonds, provided that the remaining performance guaranty, maintenance bonds and deposit moneys are adequate to ensure the completion of the remaining improvements.
G.
Completion of improvements. If the required improvements are not completed or corrected, the obligor shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected, and the Borough may complete such improvements.
H.
Notification of completion. When all of the required improvements have been completed, the obligor shall notify the governing body in writing, pursuant to N.J.S.A. 40:55D-53, by certified mail addressed in care of the Borough Clerk, of the completion of said improvements and shall send a copy thereof to the Borough Engineer. Thereupon the Borough Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of improvements rejected shall be set forth.
I.
Time for action. The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Borough Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the actions of the governing body with relation thereto in accordance with the provisions of N.J.S.A. 40:55D-53. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor as required by law shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty.
J.
Rejection of improvements. If any portion of the required improvements is rejected, the governing body may require the obligor to complete and/or correct such improvements, and upon completion and/or correction, the same procedure of notification as set forth in this article shall be followed.
K.
Agreement. Prior to any construction and coincident with the furnishing of the performance guaranty by the developer, there shall be drafted an agreement between the developer and the Borough of Totowa incorporating all of the terms and conditions of approval approved by the Board in accordance with this chapter.
L.
Inspection fees. The agreement shall also provide for the deposit with the Borough of fees for engineering inspection of all improvements required by the Board and based upon the cost of such improvements, as determined by the Borough Engineer, all fees and procedures to be in accordance with this chapter.
M.
Notification of Borough Engineer. At least two weeks prior to the start of construction, the applicant shall notify the Borough Engineer in writing, with a copy to the Secretary of the Board, of said date when construction will begin so that a preconstruction conference can be held and so that inspections may be conducted from time to time by the Borough Engineer. 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 guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Borough for such utilities or improvements.
N.
Maintenance guaranty.
(1)
Upon completion of all improvements and prior to release of the performance guaranty, the applicant shall file a maintenance guaranty bond amounting to 15% of the cost of all improvements to guarantee that the completed improvements will be maintained for a stated period not to exceed two years. The Borough Engineer and the Board shall review the maintenance bond; it shall be reviewed by the Borough Attorney as to form, sufficiency and execution and approved by the Borough Council.
(2)
The Borough Council will not accept any road or improvement into the municipal system until the maintenance period expires or until after the deficiencies are repaired and then only if it is in the same condition as when certified.
§ 415-68 Final subdivision and final site plan.
A.
Filing. Application for approval of a final plat or a final site plan shall be filed in accordance with § 415-61 and shall contain all the information prescribed in § 415-71 or 415-74, as the case may be. Said application shall be filed within the period prescribed in § 415-66C and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be.
B.
Application accepted. If the Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application following the procedure in § 415-7.
C.
Effect of final approval.
(1)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 415-66C(1), whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that, in the case of a major subdivision, the rights conferred by this article shall expire if the plat has not been duly recorded within the time period provided in Subsection D. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in Subsection D, the Board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 415-66C for the section granted final approval.
(2)
The applicant may apply for and the Board shall grant an extension of the final approval for a period not to exceed one year from the expiration date, if the applicant proves to the reasonable satisfaction of the Board that he has been barred or prevented, directly or indirectly, from proceeding with his development because of delays in obtaining legally required approvals from the other governmental entities and that he has diligently applied for and pursued the approval. The applicant shall apply for this extension either before the expiration date or by the 91st day after the date on which he received the last of the legally required approvals, whichever occurs later.
(3)
In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision of or site plan for 150 acres or more, the Board may grant the rights referred to in § 415-66C of this article for such period of time longer than two years as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
(4)
Whenever the Board grants an extension of final approval, the extension shall begin on what would otherwise be the expiration date. Unless otherwise indicated, the applicant may apply for the extension either before or after the expiration date.
D.
Recording of final plat.
(1)
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat, unless within such period the plat shall have been duly filed by the developer with the county recording officer. The Board may for good cause shown extend the period for recording an additional period not to exceed 190 days from the date of signing of the plat.
(2)
No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Board as indicated on the instrument by the signature of the Chairman and Secretary of the Board or a certificate has been issued pursuant to N.J.S.A. 40:55D-1 et seq. The signatures of the Chairman and Secretary of the Board shall not be affixed until the developer has posted the guaranties required pursuant to § 415-67. If the county recording officer records any plat without such approval, such recording shall be deemed null and void.
E.
Filing and return of prints. After final subdivision approval, one translucent tracing and one cloth print shall be filed with the Borough Clerk. The original tracing and one cloth print shall be returned to the subdivider.
F.
Tax Map. After approval of the final subdivision, the applicant shall file with the Borough a final subdivision map at the scale shown on the Borough Tax Map on the sheet on which the tract appears. Such map shall be a requirement of final subdivision approval.
G.
Filing of plat with County Clerk. No building permit shall be issued until final subdivision approval by the Board of the final plat and said plat has been properly filed with the County Clerk within the time or extended time required by § 415-67E. Proof of filing shall be submitted to the Board Secretary prior to issuance of a building permit.
H.
Building permits for site plans. A building permit in connection with a site plan having preliminary approval may be issued prior to final approval, but only after the installation of those improvements as the Board, upon advise of the Borough Engineer, may find necessary as precedent to the issuance of such permit. No certificate of occupancy in connection with a site plan shall be issued until final site plan approval by the Board, and final approval shall not be granted until all buildings and on-site improvements are completed or performance guaranties posted.
I.
Temporary certificate of occupancy. Upon the written recommendations of the Planning Board, the Construction Code Officer may grant a temporary certificate of occupancy for a specified period of time not exceeding six months if weather or other conditions beyond the control of the applicant prevent compliance with the conditions of site plan approval. If a temporary certificate of occupancy is issued, a performance guaranty shall be posted with the Borough in an amount determined by the Borough Engineer to be the fair value of the uncompleted work.
§ 415-69 Minor subdivision plat.
The plat shall be prepared to scale, based on Tax Map information or some other similarly accurate base, at a scale of not less than one inch equals 100 feet, to enable the entire tract to be shown on one sheet. The plat shall be signed and sealed by a licensed New Jersey professional engineer or land surveyor and shall show or include the following information:
A.
A key map showing the location of that portion which is to be subdivided in relation to the entire tract and the surrounding area.
B.
All existing structures, wooded areas and topographical features, such as cliffs and swamps, within the portion to be subdivided and within 200 feet thereof.
C.
The name of the owner and all adjoining property owners and owners of property directly across the street as disclosed by the most recent municipal tax record. If there is no positive evidence of ownership of any parcel of adjoining property within 200 feet, a certificate will be presented from the custodian of tax records to that effect.
D.
The Tax Map sheet, block and lot numbers.
E.
All streets or roads and streams within 200 feet of the subdivision.
F.
The location of existing streets, property lines, lot sizes and areas.
G.
Existence and location of any utility or other easement which affects the title of the land being subdivided.
H.
The setback, side line and rear yard distances of existing structures.
I.
The name and address of the person preparing the plat, the scale, date of preparation and reference meridian.
J.
Certification from the Tax Collector that all taxes and assessments for local improvements on the property have been paid up to date.
K.
The Board reserves the right to require a feasible sketch plan layout of remaining land not being subdivided if it is deemed necessary.
L.
Zone district boundary lines, if any, on or adjoining the property to be subdivided and a schedule indicating the required minimum lot area, lot width, lot depth and front, rear and side yards of each zone district located on the property.
§ 415-70 Preliminary major subdivision plat.
The preliminary plat shall be designed in accordance with the provisions of § 415-89, by a licensed New Jersey land surveyor and a professional engineer, at a scale of not less than one inch equals 100 feet, for consideration by the Board prior to the granting of preliminary approval. The plat shall show or be accompanied by sufficient information to establish the design, arrangement and dimensions of streets, lots and other planned features as to form, size and location. This information shall form the basis for the general terms and conditions upon which preliminary approval may be granted and shall include:
A.
A key map showing the entire subdivision and its relation to the surrounding areas.
B.
The tract name, date, reference meridian and graphic scale.
C.
The name and address of the subdivider and applicant.
D.
Certification that the applicant is the owner of the land or his authorized agent or that the owner has given consent under an option agreement.
E.
The name and address, seal, signature and license number of the person who prepared the map.
F.
Certificate from the Tax Collector that all taxes and assessments for local improvements are paid to date.
G.
The Tax Map sheet, block and lot numbers.
H.
Acreage of tract to be subdivided, to the nearest hundredth of an acre.
I.
Sufficient elevations or contours to determine the general slope and natural drainage of the land and the high and low points of the profiles of all proposed new streets, contours at five-foot intervals for slopes averaging 10% or greater and at two-foot intervals for land of lesser slope.
J.
The location of existing and proposed property lines, streets, existing buildings, watercourses, railroads, bridges, culverts, drain pipes and any natural features such as wooded areas and rock formations, on-tract and within 200 feet of the property.
K.
The area, in square feet, of each lot.
L.
The minimum street setback line and side and rear yard setback lines of each lot.
M.
A copy of any proposed protective covenants or deed restrictions applying to the land being subdivided.
N.
A grading plan showing existing and final contours of each lot.
O.
A soil erosion and sediment control plan, if required. Said plan shall be submitted to the Soil Conservation District, and approval of the application shall be conditioned upon certification of the soil erosion and sediment control plan by the District.
P.
Plans, profiles and cross sections of all proposed streets.
Q.
Plans and profiles of proposed utility layouts, such as but not limited to sewers, storm drains, water, gas and electricity, showing feasible connections to existing or any proposed utility system. When an individual water supply or sewage disposal system, or both, is or are proposed, the plan for each such system must be approved by the appropriate local, county or state health agency. When a public sewer system is not available, the subdivider shall comply with the requirements of N.J.A.C. 7:9A for the installation of an on-site disposal system. The subdivider shall submit with the preliminary plat the results of all tests which are conducted, whether passing or failing the statutory requirements. The Borough reserves the right to supervise or witness all or any tests which are conducted, and the subdivider shall notify the Board of Health at least 48 hours prior to the conducting of any tests. Any subdivision or part thereof which does not meet the requirements of this section or other applicable regulations shall not be approved.
§ 415-71 Final major subdivision plat.
The final plat shall be drawn in ink on tracing cloth or equal, at a scale of not less than one inch equals 100 feet, and in compliance with all provisions. The final plat shall show or be accompanied by the following:
A.
The date, the name and location of the subdivision, name of the owner and subdivider, graphic scale, reference meridian and the name of the person who prepared the map.
B.
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, park areas or land to be reserved or dedicated for public use, all lot lines and other site lines, watercourses, with accurate dimensions, including bearings and distances and curve information consisting of the following minimum data:
C.
The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.
D.
Each block shall be numbered, and the lots within each block shall be numbered in conformity with the Municipal Tax Map, as determined by the Borough Tax Assessor.
E.
The minimum building setback lines on all lots and other sites.
F.
The location and description of all monuments whether found, set or to be set.
G.
The names of owners of adjoining lands and of the land directly across the street or streets from any property involved.
H.
Certification by an engineer and/or surveyor as the accuracy of details or plat.
I.
Certification that the applicant is the agent or owner of the land or that the owner has given consent under an option agreement.
J.
When approval of a plat is required by any officer or body of such a municipality, county or state, approval shall be certified on the plat.
K.
Certification from the Tax Collector that all taxes and assessments for local improvement on the property have been paid to date.
L.
As-built plans and profiles for all roads and utilities. Duplicate tracings and three black- or blue-on-white prints shall be filed. One tracing and one print shall be forwarded to the Borough Engineer, and one print shall be retained by the Planning Board.
M.
Lot grading plans. Following final approval, but prior to the issuance of a building permit, the applicant shall, when required by the Planning Board as a condition of final approval, submit to the Borough Engineer for his approval a separate detailed grading plan of any lot, in duplicate, prepared by a licensed professional engineer, showing the existing contour lines of the plot upon which the dwelling structure is to be constructed; final elevations proposed for the corners of the plot; and corners and floor level of the structure to be erected thereon. All swales, proposed terraces, sidewalks, steps and driveways, including the slopes thereof, and provisions for the proper drainage thereof shall be shown on said site plan. Upon receipt of said plan, the Borough Engineer shall review the plan and determine whether or not it meets the standards set forth in this chapter. Upon making such a determination, the Engineer shall retain one copy and forward one copy of the grading plan to the Construction Code Officer.
N.
A letter containing a list of all items to be covered by a performance guaranty (cash or certified check), the quantities of each item, the cost of each item, utilizing prevailing unit prices common to the area, and the total amount of all items.
O.
A letter from the Borough Engineer stating that the required improvements have been installed to his satisfaction and in accordance with applicable Borough specifications and that the performance guaranty is adequate to cover the cost of remaining improvements.
P.
A letter from the applicant's engineer stating that the final plat conforms to the preliminary plat, as submitted and approved.
§ 415-72 Minor site plan.
The minor site plan shall include:
A.
Plot plan, sketch or other description of existing facility including square footage of building, parking, lighting and signage.
B.
Description of proposed use and changes to building, lighting, signage or other changes needed for proposed use, including a sketch of the portion of the building to be occupied showing entrances, exits, internal partitions, perimeter security protection and fire exits.
C.
Whatever the applicable standard, the applicant shall prove to the Board that his development will not adversely impact or impair the use and enjoyment of adjacent properties.
§ 415-73 Preliminary major site plan.
The preliminary site plan shall be drawn at a scale of not more than 100 feet to the inch and shall include such details as may be necessary to properly evaluate the application and determine compliance with this chapter. The site plan shall be drawn by a licensed New Jersey professional engineer and land surveyor and, where applicable to the proposed use or construction, the following information shall be clearly shown:
A.
The date, name, location of the site, name of the owner, scale and reference meridian.
B.
The area of the lot and all lot line dimensions.
C.
The location of all existing watercourses, wooded areas, easements, rights-of-way, streets, roads, highways, freeways, railroads, canals, rivers, buildings, structures and any other feature directly on the property or beyond the property, if such feature has an effect upon the use of said property.
D.
The location, use and ground floor area of all existing and proposed buildings, with the building setback, side line and rear yard distance.
E.
Elevations at the corners of all proposed buildings and paved areas and at property corners if new buildings or paved areas are proposed.
F.
The location and widths of existing and proposed streets servicing the site plan.
G.
Specifications for and location of proposed surface paving and curbing.
H.
The location of all structures within 200 feet of the property.
I.
The location of off-street parking areas, with dimensions, showing proposed parking and loading spaces, with dimensions, width of proposed access drives and aisles and traffic circulation.
J.
Proposed storm drainage and sanitary disposal facilities; specifically, the location, type and size of all existing and proposed catch basins, storm drainage facilities, utilities, plus all required design data supporting the adequacy of the existing or proposed facilities to handle future storm flows.
K.
Existing and proposed contours of the property and for 200 feet outside the property at two-foot intervals when new buildings or parking areas are proposed.
L.
The location and treatment of proposed entrances and exits to public rights-of-way, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, additional widths and any other devices necessary to traffic safety and/or convenience.
M.
The location and identification of proposed open space, parks or other recreation areas.
N.
The location and design of landscaping, buffer areas and screening areas showing size, species and spacing of trees and plants and treatment of unpaved areas.
O.
The location and design of the exterior lighting, including direction of illumination, amount of illumination expressed in horizontal footcandles, wattage and drawn details of all outdoor lighting standards and fixtures.
P.
The location of sidewalks, walkways, traffic islands and all other areas proposed to be devoted to pedestrian use.
Q.
The nature and location of public and private utilities, including maintenance and solid waste disposal and/or storage facilities.
R.
Specific location and design of traffic control devices and signs. The Board may require of the applicant expert testimony concerning the adequacy of proposed traffic control devices and signs.
S.
Preliminary architectural plans for the proposed buildings or structures, indicating typical floor plans, elevations, heights and general design of architectural styling.
T.
The present status and contemplated use of all existing buildings on the property.
U.
A soil erosion and sediment control plan is required. Said plan shall be submitted to the Soil Conservation District, and approval of the application shall be conditioned upon certification of the soil erosion and sediment control plan by the District.
V.
The Board may require any additional information which is reasonably necessary to ascertain compliance with the provisions of this chapter.
§ 415-74 Final major site plan.
A.
The site plan and related drawings and information submitted for preliminary approval shall satisfy the requirements for final approval of a site plan when final approval of the entire plan is being sought, unless modifications approved by the Borough Engineer were made subsequent to preliminary approval. In such instances, revised drawings shall be submitted.
B.
When final approval of only a section of a site plan granted preliminary approval is being sought, a final site plan of the section showing all applicable details prescribed in § 415-73 shall be submitted.
C.
The Borough Engineer may authorize minor variation between the final and preliminary site plans caused by field conditions and shall notify the Board of any change. All changes shall be shown on a final as-built site plan to be submitted to the Board before the issuance of a certificate of occupancy.
§ 415-75 As-built requirements.
[Added 8-9-2005 by Ord. No. 20-2005]
The submission of as-built drawings is required for all developments where water, sanitary sewer and storm drainage improvements are proposed. The as-built plans are to be included as a line item in the performance bond estimate, and the performance guarantee shall not be released until the as-built drawings have been reviewed and approved.
§ 415-76 Installation of on-tract and on-site improvements for subdivisions.
Prior to the granting of final approval, the applicant shall have installed, or furnished performance guaranties as set forth in § 415-67 for the ultimate installation of, the improvements described below. All improvements shall be subject to inspection and approval by the Borough Engineer, who shall be notified by the developer at least two weeks prior to the start of construction of any improvement. All installations shall be in accordance with the applicable chapters of the Code of the Borough of Totowa, the requirements of §§ 415-89 through 415-116 and any other standards as may apply. The following improvements will be required except where the Board waives the requirement by specific resolution in conjunction with hardship, peculiar situations or special development provisions:
A.
Streets and pavements. The subdivider shall design and construct streets and pavements meeting the minimum specifications as set forth in this chapter or such other specifications as may be required by the Borough Engineer where special circumstances so require.
B.
Curbs and sidewalks. The subdivider shall construct curbs and sidewalks on both sides of all new and existing streets, avenues, highways and public lanes to the extent that such will be on-tract.
C.
Storm drains and culverts. All streets shall be provided with sufficient catch basins, storm sewers, culverts, water detention basins and other drainage appurtenances for the proper drainage of the area, in light of existing and future conditions. All such facilities shall be constructed in accordance with this chapter or such other accepted engineering design practices as may be required by the Borough Engineer where special circumstances so require.
D.
Monuments. Monuments shall be of the size and shape required by N.J.S.A. 46:23-9.11 and shall be placed in accordance with said statute.
E.
Street name signs. Street name signs shall be placed at all street intersections within the subdivision. Such signs shall be of a type approved by the Borough of Totowa and shall be placed in accordance with the standards of the Borough of Totowa. No street shall have a name which will duplicate or so nearly duplicate as to be confused with the name of existing streets. The continuation of an existing street shall have the same name.
F.
Streetlighting. The subdivider shall be responsible for the installation of streetlighting facilities as approved by the Board in accordance with any applicable standards of the Borough of Totowa.
G.
Topsoil protection. Topsoil which shall be removed in the course of regrading a subdivision shall not be used as spoil or removed from the subdivision site. Such topsoil shall be redistributed as to provide at least six inches of cover on areas to be used as building sites from which topsoil was removed and shall be stabilized by seeding or planting.
H.
Shade trees. Shade trees shall be located within the street right-of-way in such a manner as not to interfere with utilities or sidewalks and shall be one of the types and species as approved by the Board as part of preliminary approval.
I.
Sanitary sewers.
(1)
Where a public sanitary sewer system is reasonably accessible and capacity available, each lot within a subdivision area shall be provided with sewage disposal facilities by the required extension of sewer mains and connections thereon, the costs thereof to be borne by the subdivider. All such installation of sewer mains and connections shall be constructed in accordance with the applicable specifications and requirements of the Borough.
(2)
Where a public sanitary sewer system is not reasonably accessible, the subdivider may be required to install sewer lines and a sanitary sewer disposal plant at its own cost and expense and in accordance with applicable specifications and requirements of the town, and all such installations shall be subject to the approval of the Board of Health, the State Department of Environmental Protection and the Borough Engineer.
(3)
Where a public sanitary sewer is not reasonably accessible and where installation of sewer lines and a sanitary sewer disposal plant is not required in accordance with Subsection I(2) above, the subdivider may be required by the Board to install within the subdivision a complete sewer pipe system, including provision for connection thereto at each lot, provided that connection of the development to a public sanitary sewer system can be anticipated within a reasonable period of time. Under such circumstances, the subdivider shall be required to install individual sewage disposal systems for each lot at the time improvements are erected thereon. All such individual sewage disposal systems shall be constructed in accordance with the requirements of the State Department of Environmental Protection and the Board of Health. The Board may further require the installation of house sewer service connections to the curbline at which point the same shall be capped.
J.
Percolation tests. Where a sanitary sewer system is not accessible, the subdivider shall furnish to the Board satisfactory proof that a properly functioning individual sewage disposal system conforming to the requirements of the State Department of Environmental Protection and regulations issued thereunder as well as the ordinances of the Borough can be constructed on each proposed lot, unless said subdivider shall provide individual sewer lines and a sanitary sewer disposal plant as provided in Subsection I.
K.
Water supply.
(1)
When a public water supply system is reasonably accessible to the subdivision, each lot within the subdivision shall be provided with water supplied by said water supply system. All facilities for said system shall be installed pursuant to and in accordance with all applicable requirements of the Borough.
(2)
In the event that a public water supply system is not available to supply the proposed subdivision, the Board may require construction of a private water supply system in such manner that an adequate supply of potable water will be available to each lot within the subdivision at the time improvements are erected thereon and so that such system can be incorporated within the public supply system when and if it shall become available. The water treatment and distribution system shall be constructed and installed in conformity with applicable ordinances of the Borough of Totowa and subject to the approval of the Superintendent of the Borough of Totowa Water Utility and the Borough Engineer.
L.
Fire hydrants. Fire hydrants shall be installed in all developments served by a central water system, in accordance with the requirements of Borough. Such installation shall be subject to the inspection and approval of the Fire Subcode Official and Borough Engineer.
M.
Electric, telephone and cable antenna television service. Except as otherwise provided in the regulations of the Board of Public Utility Commissioners, in all major subdivisions, electric, telephone and cable antenna television facilities shall be installed underground and, where applicable, in accordance with the latest requirements of said Board. Arrangements for such underground installation shall be made with the appropriate utility companies.
N.
Easements. Easements of a width sufficient to allow proper maintenance shall be provided for the installation of all drains, storm drains, pipelines, gas mains, etc. Said easements shall be dedicated to the municipality by approved legal procedure.
§ 415-77 On-tract installations for site plans.
Prior to the granting of final approval, the applicant shall have installed or furnished performance guaranties as set forth in § 415-67 for the ultimate installation of any required public on-tract improvements as the same are described in § 415-76 above. In addition, the Board may require the installation of on-site improvements, as described in § 415-78 below, prior to the granting of final approval, which it finds essential before the issuance of a building permit. All such improvements shall be subject to approval and inspection by the Borough Engineer as provided in § 415-76 above.
§ 415-78 On-site installations for site plans.
B.
Drainage. All sites shall be drained and graded so as to control surface runoff efficiently. Storm drainage shall be connected to existing facilities whenever possible. Detention facilities may be required by the Borough in cases where existing systems lack capacity or where needed to protect downstream properties. Drainage design shall be as set forth in § 415-111 of this chapter.
C.
Parking. Parking spaces, pedestrian walkways and entrance and exit driveways shall be painted on the finished pavement in traffic paint.
D.
Curbs. All paved areas shall be bounded by curbs constructed of Belgian blocks in residential and commercial developments and of concrete in industrial developments.
E.
Sidewalks. Concrete sidewalks, at least four feet in width and four inches in thickness, shall be constructed where required.
F.
Screening. All off-street parking and loading areas shall be effectively screened on any side which adjoins or faces premises situated in any residential zone by a fence or wall not less than four nor more than six feet in height, maintained in good condition; provided, however, that a screening or hedge or other natural landscaping may be substituted for the required fence or wall if approved by the Board. The fence as required by this article may be waived by the Board if, in the Board's judgment, because of topographic or other unusual conditions, said fence is not necessary to screen adjoining residential property. The Board may also require construction of landscaped berms up to a height of five feet with slopes at a ratio of not less than 2:1.
G.
Lighting. Adequate lighting shall be provided for 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. All exterior lighting shall meet the design standards established in § 415-100.
H.
Landscaping. All portions of the property not used for off-street parking shall be attractively landscaped with grass lawns, trees and shrubs as approved by the Board. Shade trees shall be installed within the street right-of-way.
I.
Utilities. All uses shall be provided with adequate water supply and sanitary disposal facilities, all in accordance with applicable local and state requirements.
J.
Fire alarm boxes. Any required fire alarm boxes shall be tied into the Borough fire alarm system.
K.
The Board may require items of construction such as retaining walls, guardrails, safety fencing, traffic barricades or other devices necessary in the interest of public safety and convenience.
§ 415-79 Installation of off-tract improvements; costs.
As a condition of preliminary approval and prior to any construction and to the filing of an application for final approval of a subdivision or site plan, the applicant shall have made cash payments in the manner provided below with respect to the installation of any required off-tract improvements.
§ 415-80 Allocation of costs; criteria in determining allocation.
The allocation of costs for off-tract improvements as between the applicant, other property owners and the Borough, or any one or more of the foregoing, shall be determined by the Board, with the assistance of the appropriate Borough agencies, on the basis of the total cost of the off-tract improvements, the increase in market values of the property affected and any other benefits conferred, the needs created by the application, population and land use projections for the general area of the applicant's property and other areas to be served by the off-tract improvements, the estimated time of construction of the off-site improvements and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22. Requirements for off-tract improvements shall be consistent with N.J.S.A. 40:55D-42. In addition, the following criteria may also be considered, as well as any other reasonable criteria:
A.
Street, curb, sidewalk, shade tree, streetlight, street sign and traffic light improvements may also be based upon the anticipated increase of traffic generated by the application. In determining such traffic increase, the Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the application and the anticipated benefit thereto.
B.
Drainage facilities may also be based upon or be determined by the drainage created by or affected by a particular land use, considering:
(1)
The percentage relationship between the acreage of the application and the acreage of the total drainage basin.
(2)
The use of a particular site and the amount of area to be covered by impervious surfaces on the site itself.
(3)
The use, condition or status of the remaining area in the drainage basin.
C.
Water supply and distribution facilities may be also based upon the added facilities required by the total anticipated water use requirements of the property of the applicant and other properties in the general area benefiting therefrom.
D.
Sanitary sewerage facilities may be based upon the proportion that the total anticipated volume of sewage effluent of the applicant's property and other properties connected to the new facility bears to the existing capacity of existing sewerage facilities, including but not limited to lines and other appurtenances leading to and servicing the applicant's property. Consideration may also be given to the types of effluent and particular problems requiring special equipment or added costs for treatment. In the event that the applicant's property shall be permitted to be connected to existing sewer facilities, the applicant shall pay a charge or be assessed in accordance with law.
§ 415-81 Determination of cost of improvements.
The cost of installation of the required off-tract improvements shall be determined by the Board with the advice of the Borough Engineer and appropriate Borough agencies.
§ 415-82 Manner of construction.
When those estimates are received and the work is not to be done exclusively by the applicant as specified by the Board, the Borough Council shall then decide whether the off-tract improvement is to be constructed:
§ 415-83 Amount of contribution.
When the cost of construction has been determined, the applicant may be required to provide a cash deposit to the Borough of one of the following amounts:
A.
If the improvement is to be constructed by the Borough as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount, if less, by which all properties to be serviced thereby, including the subject property, will be specifically benefited by the off-tract improvement.
B.
If the improvement is to be constructed by the Borough as a local improvement, then, in addition to the amount referred to in Subsection D(1), the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.
C.
If the improvement is to be constructed by the applicant, an amount equal to the estimated cost of the off-tract improvement less an offset for benefits to properties other than the subject property.
§ 415-84 Payment of allocated cost.
A.
The estimated costs of the off-tract improvement allocated to the applicant, if deposited in cash, shall be paid by the applicant to the Borough Treasurer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited or improvements serving the same purpose, unless such improvements are not initiated by the Borough within a period of 10 years from the date of payment, after which time said funds so deposited shall be returned, together with accumulated interest or other income thereon, if any.
B.
In the event that the payment by the applicant to the Borough Treasurer provided for herein is less than its share of the actual cost of the off-tract improvements, then it shall be required to pay its appropriate share of the cost thereof.
C.
In the event that the payment by the applicant to the Borough Treasurer provided for above is more than its appropriate share of the actual cost of installation of the off-tract improvements, it or its successor or assignee shall be repaid an amount equal to the difference between the deposit and its share of the actual cost.
D.
If the applicant shall deem that any of the amounts so estimated by the Board are unreasonable, it may challenge them and seek to have them revised in appropriate proceedings brought to compel approval.
E.
If the applicant and the Board cannot agree with respect to the applicant's appropriate share of the actual cost of the off-tract improvement or the determination made by the officer or board charged with the duty of making assessments as to special benefits, if the off-tract improvements are to be constructed as a local improvement, no approval shall be granted; provided, however, that the applicant may challenge such determination and seek to have it revised in appropriate judicial proceedings in order to compel subdivision or site plan approval.
§ 415-85 Assessment of properties.
Upon receipt from the applicant of its allocated share of the costs of the off-tract improvements, the Borough may adopt a local improvement assessment ordinance for the purpose of construction and installation of the off-tract improvements based upon the actual cost thereof. Any portion of the cost of the improvements not defrayed by a deposit by the applicant may be assessed against benefiting property owners by the Borough. Any assessments for benefits conferred made against the applicant or his successors in interest shall be first offset by a pro rata share credit of the allocated costs previously deposited with the Borough Treasurer pertaining thereto. The applicant or his successors in interest shall not be liable for any part of an assessment for such improvements unless the assessment exceeds the pro rata share credit for the deposit, and then only to the extent of the deficiency.
§ 415-86 Credit for work performed.
In the event that the applicant, with the Borough's consent, decides to install and construct the off-tract improvement or any portion thereof, the certified cost shall be treated as a credit against any future assessment for that particular off-tract improvement or portion thereof constructed by the Borough in the same manner as if the subdivider had deposited its apportioned cost with the Borough Treasurer as provided herein.
§ 415-87 Installation of improvements by applicant.
A.
At the discretion of the Borough and with the consent of the applicant, the Borough may enter into a contract with the applicant providing for the installation and construction of the off-tract improvements by the applicant upon contribution by the Borough of the remaining unallocated portion of the cost of the off-tract improvement.
B.
In the event that the Borough so elects to contribute to the cost and expense of installation of the off-site improvements by the applicant, the portion contributed by the Borough shall be subject to possible certification and assessment as a local improvement against benefiting property owners in the manner provided by law, if applicable.
§ 415-88 Design standards.
Should the applicant and the Borough enter into a contract for the construction and erection of the off-tract improvements to be done by the applicant, it shall observe all requirements and principles of this chapter and other Borough ordinances in the design of such improvements.
§ 415-89 Conformance required.
A.
All improvements shall be installed in accordance with the standards of this chapter and with other applicable Borough, county, state and federal regulations. Where specific standards are not given, such improvements shall be designed and constructed in accordance with good engineering practice and recognized design standards, after review and approval of such by the Borough Engineer.
B.
All site plan and subdivision plats shall conform to design standards that will encourage good development patterns in the Borough. Where an Official Map and/or Master Plan have been adopted, the subdivision or site plan shall conform thereto. Where the Master Plan or Official Map is mute or does not exist, development shall be designed to promote good planning and enhance the safety and public welfare of the Borough.
§ 415-90 Principal and accessory buildings.
B.
The design or construction of any building or use should be consistent with the character of the neighborhood.
C.
Exterior design and appearance.
[Amended 2-24-1998 by Ord. No. 3-98]
(1)
Any site plan involving a new building, an addition to an existing building or a change in the exterior design or appearance of an existing building shall be reviewed and approved by the Planning Board. In reviewing said plans, the Board shall be guided by the following objectives:
(a)
To promote good quality of design and attractive appearance of property.
(b)
To preserve and enhance natural features and material environment.
(c)
To contribute to the amenities and attractiveness of an area so as to maintain and improve the economic value and stability of property.
(d)
To encourage the most appropriate use and development of the property and adjacent properties.
(2)
The following standards shall be utilized by the Planning Board in reviewing all site plans. These standards are intended to provide a frame of reference for the applicant in the development of site and building plans, as well as a method of review by the Board. These standards shall not be regarded as inflexible requirements nor are they intended to discourage creativity, invention and innovation. The specification of one or more particular architectural styles is not included in these standards. The standards are as follows:
(a)
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.
(b)
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:
[1]
Architectural design which is harmonious with the character of existing development.
[2]
The use of exterior colors, facade, texture or roof materials or the combination of colors and materials that are harmonious to the surrounding area. Samples must be submitted with site plan applications and are subject to final approval by the Planning Board and Board of Adjustment.
[Amended 11-9-2004 by Ord. No. 13-2004]
[3]
The relationship of design features, such as height and mass, building proportions, roof lines, building projections and ornamental features, that will create a coordinated and harmonious appearance.
(c)
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 material such as brick, stone, glass, precast concrete and wood, when properly treated, are encouraged. Where durability and performance are questionable, the applicant may be asked to provide a manufacturer's guaranty or proof of durability from an independent testing laboratory certification. The use of exposed concrete block is prohibited, unless the same is textured. 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.
(3)
Exterior materials. Within the B-2 Local Business District, B-4 Corporate Business District, B-5 Professional Business District, B-6 Restricted Commercial District and for all nonresidential uses along Totowa Road one or a combination of the following exterior materials shall be utilized on the front and side facades of all new buildings and additions:
[Added 5-13-2014 by Ord. No. 06-2014]
(4)
Transparency.
[Added 5-13-2014 by Ord. No. 06-2014]
(a)
All ground floor uses shall have large pane display windows on the street frontage. Such windows shall be framed by the surrounding wall and shall be a minimum of 50% of the total ground level facade area.
[1]
The ground level facade area shall be defined as the area bounded by the side edges of the building and the plane coincident with the internal floor of the building and the internal ceiling of the building.
[2]
Transparent doors may be counted in the minimum transparency calculation. Glass blocks do not count and are prohibited along the street-facing facade.
D.
Accessory structures shall meet the following standards:
(1)
No accessory structure in any district shall be located in any required front or side yard.
(2)
An accessory structure shall be permitted in any required rear yard subject to the following regulations:
(a)
The aggregate ground area covered by any accessory structure in any rear yard, including the ground area covered by any projections other than cornices and eaves, shall not exceed 15% of the rear yard area in any residence district or 50% of the rear yard area in any business or industrial district.
(b)
No accessory structure within any residence district shall be more than one story high with a maximum height of 16 feet above grade level. No accessory structure in a business district shall be more than one story high with a maximum height of 24 feet.
[Amended 2-27-2007 by Ord. No. 04-2007]
(c)
Corner lot yards. On a corner lot in any residence district, an accessory structure shall be located not less than 25 feet from the side street line. When the rear of a corner lot abuts a lot facing on the side street, an accessory structure shall not be nearer the rear line of the lot on which it is erected than the distance required for side yard widths in that district.
(d)
Minimum rear yard requirements for accessory structures in a residential zone shall be two feet; in a commercial or industrial zone, it shall be 1/2 the yard requirements for principal buildings.
§ 415-91 Blocks.
A.
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 regulations and to provide for convenient access, circulation control and safety of street traffic. Block lengths generally shall not be less than 400 feet nor more than 1,000 feet in length.
B.
Pedestrian crosswalks may be required in blocks in locations deemed necessary by the Planning Board. Such walkway shall be 10 feet wide and be straight from street to street.
C.
For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
§ 415-92 Buffers.
A.
Design standards. Where required, buffers may include evergreen and deciduous trees and shrubs, fences, walls, berms or any combination which will provide a visual separation and screening. Landscaping of required buffers and screens shall take into account the opportunities presented by existing site features and shall be compatible in scale and character with the surrounding prevailing landscape and project features and designed as part of the overall landscaping plan. The required buffer area shall be kept in its natural state where wooded, and, where natural vegetation is sparse or nonexistent, the area shall be planted to provide a year-round natural screen, in accordance with a landscaping plan to be approved by the Board.
B.
Residential. Buffers shall be provided for residential tracts fronting on arterial and collector streets, on the perimeter of all R-AH Zone Districts and on the perimeter of all tracts of nonresidential uses abutting residential zones or uses.
C.
Nonresidential.
(1)
Where the rear or side line of a lot within an industrial district is contiguous to a lot or lots within a residential district, the area within the minimum side and rear yard dimensions, as provided in the Area and Bulk Schedule for Industrial Districts,[1] shall not be utilized for roadway, parking or other accessory structures and buildings. Such contiguous yards shall contain a buffer providing year-round screening of the industrial area from the residential area to be approved by the Planning Board at preliminary site plan approval.
[1]
Editor's Note: The Area and Bulk Schedule for Industrial Districts is located at the end of this chapter.
(2)
For lots on Union Boulevard which are in the B-2 District and are contiguous to a lot or lots in a residential district, both the rear and side yard for the area contiguous to the residential lot or lots shall contain a minimum three-foot buffer designed to screen the business use from the residential area.
(3)
Where the rear or side line of a lot or lots to be used as a shopping center abut a residential district, a twenty-foot buffer shall be maintained contiguous to the residential lot or lots.
D.
Trimming and removal of trees and other growth.
[Added 5-22-2001 by Ord. No. 10-2001]
(1)
Removal maintenance. The removal of trees and ground cover is forbidden except for the following purposes: removal of dead or diseased trees; thinning of trees and other growth to encourage a more desirable growth; and pruning to maintain the height of trees at their intended height. In areas of steep slopes, trees shall never be cut to a height less than 20 vertical feet measured from the adjacent ground at the high side of the slope. This height must be maintained level across the slope.
(2)
Permit required. No person shall remove, trim or prune any tree or other growth located within a buffer without first having applied for permission from the Borough. The application for the permit shall be made in writing to the Zoning Officer and shall be signed by the person making the request or by their duly authorized agent and shall include a description of the work to be accomplished.
(3)
Inspection. No work shall be undertaken until the Zoning Officer has inspected the site and authorized the removing, trimming or pruning of any tree and/or other growth. The applicant shall also notify the Zoning Officer when the work had been completed and the Zoning Officer will inspect the site to insure compliance with the requirements set forth in Subsection A.
(4)
Right of entry for inspection. For the purpose of administering and enforcing the provisions of this chapter, any duly authorized officer, agent or employee of the Borough shall have the right to enter into and upon the lands which said buffer maintenance is being conducted in order to examine and inspect such lands and the operations therein.
(5)
Permit fee. Upon filing the application, the applicant shall pay a permit fee in the amount of $25.
§ 415-93 Curbs.
A.
Curbing shall be required on both sides of all new streets and along the tract frontage of existing streets.
B.
Curbs shall be constructed in accordance with New Jersey Department of Transportation (NJDOT) Standard Specifications for Road and Bridge Construction ("the Blue Book"), most current edition.
§ 415-94 Driveways.
A.
All entrance and exit driveways to public streets shall be located to afford maximum safety to traffic on the public streets.
B.
Whenever possible, any driveway location shall be so designed with regard to profile, grading and location to permit the following recommended sight distance measured in each direction along the public street. The measurement shall be from the existing driveway immediately outside of the right-of-way line.
Allowable Speed on Municipal Street (miles per hour) | Required Sight Distance (feet) | |
|---|---|---|
25 | 150 | |
30 | 200 | |
35 | 250 | |
40 | 300 | |
45 | 350 | |
50 | 400 |
C.
The dimensions of driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated on site.
(1)
Driveway dimensions. The required maximum and minimum dimensions for driveways are indicated in the following table:
Driveway Width (feet) | |||
|---|---|---|---|
One-Way Operation | Two-Way Operation | ||
Residential | 10 | 18 | |
Commercial and Industrial | 14 to 34 | 20 to 36 | |
(2)
Number of driveways: The number of driveways provided from a site directly to any one municipal street shall be recommended as follows:
Length of Site Frontage (feet) | Recommended Number of Driveways | |
|---|---|---|
100 or less | 1 | |
More than 100 to 800 | 2 | |
Over 800 | To be specified by Planning Board upon advice of the Borough Engineer |
(3)
For residential driveways, only one driveway shall be permitted for each lot or building.
[Added 5-9-2006 by Ord. No. 08-2006]
D.
For driveways, pavement shall consist of one of the following to be measured at a compacted depth:
[Amended 5-9-2006 by Ord. No. 08-2006]
§ 415-95 Easements.
A.
Drainage easements.
(1)
Where a proposed development includes a drainage facility of any kind, including a pipe, channel, stream, swale or basin, a drainage easement may be required encompassing such facility.
(2)
All such easements shall be shown on the final plat with a notation as to the purpose and restrictions of the easement. Easement lines of the final plan shall be shown with accurate dimensions and bearings unless the easement lines are parallel or concentric with lot lines.
(3)
Said easement shall include provisions assuring the following:
(a)
Preservation of the channel of the watercourse.
(b)
Except in the course of an authorized drainage improvement, prohibition of alteration of the contour, topography or composition of the land within the easement and right-of-way.
(c)
Prohibition of construction within the boundaries of the easement and right-of-way which will obstruct or interfere with the natural flow of the watercourse.
(d)
Reservation of a public right-of-entry for the purpose of maintaining the storm drain, drainage channel or the natural flow of drainage through the watercourse, of maintaining any and all structures related to the exercise of the easement and of installing and maintaining a storm or sanitary sewer system or other public utility.
B.
Conservation easement.
(1)
Conservation easements may be required along drainage and stormwater rights-of-way in the development and may be required also for ponds, marshes, swamps and streams or other watercourses or other natural features for which preservation is desirable.
(2)
All such easements shall be shown on the final plat with a notation as to the purpose and restrictions of the easement. Easement lines of the final plan shall be shown with accurate dimensions and bearings unless the easement lines are parallel or concentric with lot lines.
(3)
Such conservation easement shall contain provisions to restrict the removal of trees and ground cover except for the following purposes: removal of dead or diseased trees; thinning of trees and other growth to encourage a more desirable growth; removal of trees to allow for structures designed to impound water; removal of trees in areas to be flooded for the creation of ponds or lakes; and to prohibit filling or grading of the lands or the disposal of refuse or waste material of any type within the limits of the easement.
C.
Sight triangle easements.
(1)
In addition to right-of-way widths required for the full design of all streets and intersections, sight triangle easements shall be required on all corners at all street intersections.
(2)
Such easements shall include provisions to restrict the planting of trees or other plantings or the location of structures more than 30 inches but less than eight feet in height that would obstruct the clear sight across the area of the easements and a reservation to the public right-of-entry for the purpose of removing any object, natural or otherwise, that obstructs the clear sight.
(3)
Such easements shall include the area of each street corner that is bounded by the right-of-way lines and a straight line connecting points on each right-of-way line 50 feet from the intersection of the right-of-way lines with points on the intersecting right-of-way line, which points are the following distances from the intersection of the right-of-way lines (or of their prolongations):
(4)
Where intersections occur on highways or roadways under the jurisdiction of the State of New Jersey or County of Passaic, the sight triangle easements required by the state or the county may be substituted in lieu of the requirements above.
§ 415-96 Encroachments in required yards.
The space in any required yard shall be open and unobstructed except as follows:
A.
Ordinary projections of windowsills, belt courses, cornices, eaves and other such architectural features shall be permitted to encroach without limitations.
B.
An arbor, open trellis, flagpole, unroofed steps, recreation and clothes-drying equipment shall be permitted to encroach without limitations.
C.
No awning, movable canopy or roofed steps, open or roofed porches or decks shall be permitted to project into any required yard, except in residential zones where an encroachment of not more than six feet shall be permitted. Roofed steps, porches or decks shall not be enclosed.
[Amended 1-23-2001 by Ord. No. 03-2001; 5-13-2014 by Ord. No. 06-2014]
§ 415-97 Fences.
A.
No fence hereinafter erected, altered or reconstructed in any residential zone shall exceed three feet in height above ground level when located within 25 feet of any street line or more than six feet in height above ground level when located more than 25 feet from the street line.
B.
No fence hereafter erected, altered or reconstructed in any business zone shall exceed a height of six feet above ground level, except as noted in Subsection A above.
C.
No fence hereafter erected, altered or reconstructed in any industrial zone shall exceed a height of eight feet above ground level, except as noted in Subsection A above.
D.
The foregoing restrictions shall not be applied so as to prevent the erection of an open wire fence, not exceeding eight feet in height above ground level, anywhere within a public park, public playground or public school premises. All of the above restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth, provided that such wall does not exceed the height set forth for fences, such heights to be measured from the ground level of the highest adjacent grade.
E.
The use of barbed wire, or wire on which barbs or points are strung or fastened, is prohibited, except in an industrial zone.
F.
The use of canvas or cloth for fences is prohibited.
G.
All fences must be erected within the property lines, and no fence shall be erected to encroach on any public right-of-way.
H.
All fences shall be maintained in a safe, sound and upright condition.
I.
If the Construction Code Official, upon inspection, determines that any fence or portion of any fence has not been or is not being constructed or maintained in compliance with the above restrictions, he shall notify the owner of such fence, in writing, of his findings and state briefly the reasons for such findings and order such fence or portions of such fence to be repaired or removed within 15 days from the date of the written notice.
J.
All wood fences shall be installed with the best or finished side facing street lines or municipal rights-of-way or public thoroughfares.
[Added 2-13-2001 by Ord. No. 04-2001]
K.
All chain link fences shall be installed with the wire mesh hung on the outside of the frame work.
[Added 2-13-2001 by Ord. No. 04-2001]
L.
Houses located on corner lots shall be deemed to have one front yard for the purpose of installing a fence. The fence erected in the side yard facing the street shall be permitted to be six feet in height, however, it shall not extend beyond the rear setback of the house. The fence must be located three feet behind the property line and cannot obstruct the sight triangle at intersections or driveways. The fence may be constructed of wood, vinyl or similar materials. Chain link fences are not permitted in this area. For this chapter, the front yard shall be the side where the front entrance of the home is located or as determined by the Building Inspector.
[Added 5-13-2014 by Ord. No. 06-2014]
§ 415-98 Grading and topsoil removal.
A.
Soil removal. Soil removal shall be in accordance with provisions of Chapter 336, Soil Removal and Grading, of the Code of the Borough of Totowa.
(1)
All development plans shall include a grading plan which provides for a minimum amount of soil to be removed from or brought to the site.
(2)
No topsoil shall be removed from any lot or lots unless certified as excess [more than four inches] in writing by the Borough Engineer. All topsoil so removed shall be placed elsewhere within the Borough.
B.
Grading.
(1)
All graded or stripped areas shall be stabilized by a minimum of four inches of topsoil and seeding or other landscaping. Exposed rock may be left in its natural state if it can be demonstrated that the rock face will remain stable.
(2)
All areas shown on the plan shall be graded to ensure that surface water flow is away from buildings and pedestrian walkways in accordance with the approved drainage plan.
(3)
Surfaces shall be designed to reduce maintenance requirements and allow the cutting of grass and cleaning of drainage swales and ditches without special equipment.
(4)
Wherever a change in final grade results in slopes in excess of two to one (other than a stable rock face) or wherever it is determined that slopes will not be stable or that erosion will occur, retaining walls shall be used which shall be of a permanent, maintenance-free design.
C.
Residential lots. Prior to the issuance of a construction permit, detailed grading plans shall be provided for review by the Borough Engineer. No certificate of occupancy shall be issued until the Borough Engineer is satisfied that final grading has been completed in accordance with the detailed grading plans.
§ 415-99 Landscaping and shade trees.
A.
All areas not devoted to structures, paving or other required uses shall be appropriately graded, landscaped and maintained in accordance with a landscaping plan approved by the approval agency.
(1)
In R-7 zones, the maximum impervious area shall not exceed 25% of the lot area. In R-20 and R-40 zones, the maximum impervious area shall not exceed 20%. Landscape features, other than grass, shall not exceed 1/2 of the pervious lawn area. Fifty percent of all pervious area within a lot must be lawn.
[Added 5-9-2006 by Ord. No. 08-2006]
(2)
In residential zones, patios are not permitted within the front yard. A patio is defined as an exterior recreation area that adjoins a dwelling, is unroofed, is at ground elevation which at all points is less than three feet above the level of the ground, is an impervious surface, may contain furniture and can be adapted to outdoor dining.
[Added 5-9-2006 by Ord. No. 08-2006]
B.
In residential zones, street trees of at least two- to two-and-one-half-inch caliper will be required, planted a distance on center equivalent to no more than the width of their mature diameter.
C.
In nonresidential zones:
§ 415-100 Lighting.
A.
Drives, aisles and parking areas shall be adequately lighted whenever open to the public.
B.
Provisions shall be made for reduction in the intensity of illumination to the minimum need for security purposes when the facility is not in operation.
C.
All lights shall be focused downward so that the direct source of light is not visible from adjoining streets or properties.
D.
The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere and shall average a minimum of 0.5 footcandle over the entire area.
E.
The light intensity anywhere shall not exceed 0.5 footcandle along any property line or three-tenths footcandle if a residential property line.
F.
The style of any light or light standard shall be consistent with the architectural style of the principal building.
G.
Freestanding lights shall be protected to avoid being damaged by vehicles.
H.
Lighting of buildings, merchandise, recreation areas, display or sales areas, parking, signs, commercial service or storage areas or other like areas shall be of a nonflashing type. Intermittent lighting or lighting of varying intensity shall be prohibited. Where incandescent, spot or other glare- or beam-producing lights are used, such lights shall be shielded in a manner such that no direct light or glare is visible beyond the property lines or from any public accessway.
I.
Searchlights used with the purpose of attracting attention shall be prohibited.
J.
No artificial light or reflecting device connected or used with a sign or otherwise shall be located or displayed where such light interferes with, competes for attention with or may be mistaken for a traffic signal or may divert the attention of operators of motor vehicles or otherwise create traffic hazards.
§ 415-101 Lots.
B.
Side lines. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
C.
Frontage. Each lot must front upon an approved street with a right-of-way at least 50 feet.
D.
Setbacks. Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra-width line, and all setbacks shall be measured from such line.
E.
Suitability. All lots shall be suitable for their intended uses and, where necessary, increased in size to compensate for conditions, such as steep slopes, rock formations and flood conditions. Where there is a question as to the suitability of a lot or lots for the intended use, the Planning Board may, after adequate investigation, withhold approval of such lots.
§ 415-102 Off-street loading.
A.
Off-street loading and unloading facilities shall be provided for each nonresidential establishment, such that service and delivery vehicles will not interfere with ingress, egress, parking of other vehicles or fire zones.
B.
No loading or delivery area will be permitted on any street frontage.
C.
All loading areas shall be paved using the same construction specifications as for parking areas.
§ 415-103 Off-street parking.
A.
In conjunction with any principal building hereafter erected or any use of land hereafter established, there shall be provided on the same lot therewith sufficient parking spaces to meet the minimum standards specified herein.
(1)
These parking spaces are intended for and shall be for the sole and exclusive use of the occupants of the building.
[Added 10-22-2013 by Ord. No. 16-2013]
B.
The development plan shall show the total number of off-street parking spaces required for the use or combination of uses indicated in the application. Where shared parking for uses with different peak parking demands results in a documented need for fewer spaces than the sum of the individual requirements, the Board may allow the construction of the lesser number of spaces, provided that the site plan shows the reserved space for the required number.
C.
Residential zones and uses.
(1)
For each dwelling unit, two off-street parking spaces shall be provided. All off-street parking spaces shall be confined to garages and approved parking areas and driveways.
[Amended 5-9-2006 by Ord. No. 08-2006]
(2)
Permitted nonresidential uses in a dwelling unit shall provide additional parking at one space for every 100 square feet of floor area, or fraction thereof, of building area so used.
(3)
Additional parking at one space for each guest room shall be provided where such use is allowed.
(4)
In residential districts, no required parking space shall be located closer to a street line than the minimum depth of front yard required by this chapter, nor within two feet of a party lot line.
(5)
No more than one garage shall be permitted on any residential lot, and the same shall not house more than three vehicles, except in the R-40 Zone, where garages may have one additional vehicle space for each area in excess of one.
(6)
Only one of the vehicles within the garage or parked on the premises may be commercial, but it shall not exceed 6,000 pounds in weight, exclusive of load, and it shall not be a dump truck, tractor, diesel-operated vehicle, cement mixer or other heavy equipment such as a bulldozer, road repair equipment or excavation equipment.
(7)
Permitted commercial vehicles must be parked within a garage or beyond the minimum front and side yards required by this chapter.
(8)
No vehicle shall be parked off of the driveway nor on any lawn area or landscaped area of any residential lot or on any sidewalk.
[Added 5-9-2006 by Ord. No. 08-2006]
(9)
No driveway or parking area shall be installed within the front or rear yard of any residential lot other than that which provides access to a garage or an approved parking area.
[Added 5-9-2006 by Ord. No. 08-2006]
(10)
Private garages and other outbuildings; driveways.
[Added 5-9-2006 by Ord. No. 08-2006]
(a)
R-7 Zone.
[1]
No dwelling unit shall be erected unless equipped with a garage having not less than 240 square feet in floor area. Such garage may be attached to or built into the dwelling unit or separately constructed as an accessory structure as provided for in § 415-90D. Every dwelling unit hereafter constructed shall be provided with an improved driveway as provided in § 415-94.
[2]
Where the private garage is attached to or part of the principle building, the accessory building area or coverage shall be reduced to 300 square feet or 15% of the rear yard area, whichever is less.
[3]
No existing garage shall be reduced to less than the required 240 square feet.
(b)
R-20, R-20A and R-40 Zones.
[1]
No dwelling unit shall be erected with less than a two-car garage having not less than 440 square feet in floor area.
[2]
No existing garage shall be reduced to less than the requirements of Subsection C(10)(b)[1] above.
[3]
All other requirements of R-7 zone shall apply.
D.
Nonresidential zones and uses.
(1)
All parking areas shall be paved and shall be suitably drained and maintained in good condition; all spaces and directional instructions shall be clearly marked and maintained so as to be clearly visible.
(2)
No parking space or access thereto shall be allowed in the buffer zone required in § 415-92 above.
(3)
No changes in use or intensity of use within a building shall be allowed unless it can be shown that sufficient parking is available for the new use on site as required by ordinance.
[Amended 3-10-2009 by Ord. No. 03-2009]
(4)
For each use, handicapped parking shall be required in accordance with the most current Barrier-Free Design Regulations of the State of New Jersey.
(6)
Size of parking spaces; aisle width.
(a)
In general, ninety-degree parking spaces shall be 10 feet wide by 18 feet long; and parallel parking spaces shall be eight feet wide by 21 feet long. Where long-term parking is proposed for uses such as office and industrial uses, ninety-degree stall widths may be reduced to nine feet.
(b)
The width of all aisles providing direct access to individual parking stalls shall be in accordance with the requirements specified below. Only one-way traffic shall be permitted in aisles serving single-row parking spaces placed at an angle other than 90°.
Parking Angle (degrees) | Aisle Width (feet) | |
|---|---|---|
35 | 12 | |
45 | 13 | |
60 | 18 | |
90 | 24 |
(7)
Off-street parking standards.
Use | Number of Spaces | |
|---|---|---|
Assembly hall, community building or club lodge | 1 for each 100 square feet of floor area | |
Business, commercial or personal service establishments, retail store | 1 per 150 square feet of floor area | |
Shopping center | 7 per 1,000 square feet of floor area | |
Restaurant | For seated dining area, 1 per each 3 seats; for areas servicing nonseated patrons, 20 per 1,000 square feet of floor area | |
Bar or nightclub | 1 per each 2 patrons | |
Office | 1 per 200 square feet of floor area | |
Hotel or motel | 1 for each unit, plus as required for other facilities available | |
Hospital | 2 per bed | |
Nursing home | 0.5 per bed | |
Church or theater | 1 per 3 seats | |
Recreational use | 2 per each person accommodated in maximum play | |
Auto sales, furniture appliance or building material store | 1 per 400 square feet of floor area | |
Auto service | 1 per 100 square feet of floor area | |
Uses allowed in the industrial zone | Where not specified above, parking areas having sufficient capacities for employees, customers and commercial vehicles related to the activities on site shall be provided on the same lot as the building or structures they serve |
§ 415-104 Outside storage.
[Amended 11-27-2001 by Ord. No. 17-2001]
A.
Any item stored overnight, including but not limited to materials, trucks and/or equipment, shall be kept in a completely enclosed building or shall otherwise be screened by such walls, fences and landscaping as may be determined by the Planning Board to be adequate to appropriately screen such materials and equipment from outside the boundaries of the lot.
B.
No items, including but not limited to merchandise, materials, trucks and/or equipment, shall be displayed or stored in front of any building or on any sidewalk within the Borough of Totowa.
§ 415-105 Performance standards for I-1, I-2 and I-3 Districts.
A.
Before any building permits or certificate of occupancy shall be issued for construction, use or occupancy in any industrial zone, satisfactory evidence shall be presented to the Board that the structure, use or occupancy shall comply with any applicable state and/or federal regulations relating to noise, vibration, smoke, fumes, dust odor or other form of air pollution, glare and heat, fire hazards and explosives, chemical and industrial waste, radioactivity, electromagnetic interference or other potentially objectionable condition. Such proof of compliance shall consist of a written statement of which agencies and regulations apply, what standards must be met, how these standards will be met and how continued compliance will be maintained and monitored. Where permits are required, the application for such permit and/or the issued permit shall be provided to the Board.
B.
Whatever the applicable standard, the applicant shall prove to the Board that his development will not adversely impact or impair the use and enjoyment of adjacent properties.
§ 415-106 Sidewalks.
A.
Sidewalks shall be at least four feet wide and four inches thick except at points of vehicular crossing where they shall be at least six inches thick. At vehicular crossings, sidewalks shall be reinforced with welded wire fabric mesh or an equivalent.
B.
Concrete sidewalks shall be Class C concrete, having a twenty-eight-day compressive strength of 4,500 pounds per square inch (psi). Other paving materials may be permitted depending on the design of the development.
C.
Graded areas shall be planted with grass or treated with other suitable ground cover, and their width shall correspond to that of sidewalks.
§ 415-107 Signs.
A.
Residential districts.
(1)
The following signs shall be permitted:
(a)
For residential uses, a nonilluminated nameplate sign located within the property lines and bearing only the name of the principal occupant and/or the street number of a private dwelling and not exceeding 72 square inches in total area.
(b)
For allowed nonresidential uses, signs identifying a permitted professional office or home occupation. Such sign shall bear the name of the person residing on the premises and the profession or home occupation being conducted on the premises, shall be nonflashing, shall be situated within the setback lines of the premises it identifies and shall not exceed two square feet in size.
(c)
Temporary signs pertaining to the lease or sale of the same lot or construction of the building on which such sign is placed, and signs advertising a permitted use in a residential zone, such as a clubhouse, public or quasi-public building or building used solely for nonprofit, church, school, hospital or other like purpose, but not including any activity of a business or commercial nature. Such sign shall be nonflashing, shall be situated within the setback lines of the premises to which it relates and shall not exceed six square feet in total area.
(2)
Not more than one sign shall be permitted for each use or activity coming within the provisions of this section.
B.
Business uses in the B-2, B-3, B-4, B-5 and B-6 Districts.
[Amended 12-11-2007 by Ord. No. 19-2007; 5-13-2014 by Ord. No. 06-2014]
(1)
For other than business uses, the requirements of Subsection A shall apply, with the exception that a temporary sign shall not exceed 15 square feet.
(2)
All buildings containing businesses and offices shall provide street address signage on the building.
(3)
In the B-2, B-4, B-5 and B-6 Districts, business and office uses located on the ground floor are permitted one sign board. A sign board is a wall sign, attached to the facade of the building.
(a)
The maximum sign area shall be 15 square feet or 15% of the front facade area of the building, whichever is the lesser.
(b)
The top edge of a sign board shall not be installed more than 15 feet above the ground level. The top edge of a wall sign shall not project above the roof line.
(c)
Sign boards shall not project more than eight inches beyond the facade.
(d)
Sign boards may be lit with downward gooseneck lighting. No internal sign lighting is permitted.
(4)
In the B-2, B-4, B-5 and B-6 Districts, business and office uses located on the upper floor(s) may have one street-level directory sign per entrance to upper story establishments.
(5)
In the B-3 District, for business and office uses, one sign may be placed or inscribed on the front facade which shall not exceed in the aggregate 30 square feet or 30%, whichever is the lesser, of the front facade area of the building.
(6)
In the B-3 District, a freestanding sign of not more than 30 square feet may be permitted in lieu of a faced sign, provided that such sign shall be located within the property line with no overhang into the right-of-way. Such sign shall be not higher than 30 feet.
C.
I-1, I-2 and I-3 Industrial Districts.
(1)
One sign may be placed or inscribed upon the front wall of the building which shall not exceed in the aggregate 30 square feet or 15%, whichever is the lesser, of the front wall area of the front of the building.
(2)
One freestanding sign may be erected which relates to the total number of business uses on the same premises. Such sign shall not exceed 50 square feet in area on any one side, shall not exceed 15 feet in height, shall not be placed closer than 10 feet from the street line of a public street or closer than five feet from any other lot side line and shall be nonflashing. All refuse and paper shall be kept constantly removed from the ground spaces at least five feet in all directions around the sign, and the grass shall be trimmed to not more than six inches in height.
(3)
In no case shall the combined areas of the front wall sign and one side of the freestanding sign relating to the same business or activity exceed 60 square feet in area.
D.
Special uses.
(1)
Shopping centers shall be permitted one freestanding sign not to exceed 50 square feet on any one side and 30 feet in height, placed no closer than 25 feet to the street line and 20 feet to any other lot line. Each store within the center shall be allowed an individual sign in compliance with Subsection R(2)(b) above.
(2)
Gasoline service stations shall be permitted one freestanding identification sign advertising the name or logo of the company and price information, provided that such sign shall not exceed a total square footage of 90 feet and that each component of the sign does not exceed 50 square feet; one facade or canopy sign for each building face fronting on a street, not exceeding 10% of the wall area or 15 square feet, whichever is the lesser; directional signs such as "full" or "diesel" and customary signage on pumps.
E.
General provisions and requirements.
(1)
In the case of two or more business or professional uses occupying the same structure, no greater sign area shall be permitted than if there were a single use.
(2)
Where a business structure is located at the intersection of two public streets, an additional sign may be erected or inscribed upon the side wall on the street side, provided that the combined areas of the two wall signs do not exceed the sign area permitted in that zone.
(3)
Where the side or rear of a business structure adjoins a parking area intended for the use of the structure in question, signs may be placed or inscribed on said side or rear wall to identify the business use or uses in the structure and access thereto. Such signs shall not exceed 10 square feet or 2%, whichever is the lesser, of the wall area on which they are inscribed for each separate business use in the structure.
(5)
Number, projection and colors.
[Amended 11-7-2001 by Ord. No. 18-2001; 5-13-2014 by Ord. No. 06-2014]
(a)
Except as otherwise specifically provided for in this section, not more than one sign shall be permitted for each use or activity. No sign shall project more than eight inches beyond the wall to which it is attached nor extend above the height of the vertical wall.
(b)
All awnings located in the B-2, B-4, B-5 and B-6 District shall be of the color black, classic burgundy or classic navy blue. Awnings shall be limited to the ground floor; no awnings are permitted over upper-story windows and no awning can be used for signage.
(6)
All illuminated signs shall be either indirectly lighted or of the diffused-light type. No sign shall be lighted by means of flashing, revolving or intermittent illumination. Lighting shall not shine onto residential properties or cause glare of any sort. All lights used for the illumination of any sign use or building or the areas surrounding them or for the illumination or display of merchandise or products shall be completely shielded from view of vehicular traffic using any public thoroughfare.
(7)
The following signs are prohibited in all zones in the Borough:
(a)
Signs using red, yellow and green lights which might be confused with the operation of any traffic control signal.
(b)
Moving or revolving signs and signs using blinking, flashing, vibrating, flickering, tracer or sequential lighting.
(c)
Any sign which unreasonably tends to distract drivers or otherwise constitutes a traffic hazard or which use words such as "stop," "look," "danger," etc. placed in a manner or position which constitutes a traffic hazard or otherwise interferes with the free flow of traffic or pedestrians.
(d)
Roof signs or sidewalk sandwich signs.
(e)
Signs obstructing doors, fire escapes or stairways or keeping light or air from windows used for living quarters.
(f)
Flags, banners, strings of banners and similar advertising devices used for commercial advertising purposes in excess of 15 days.
(g)
Any sign which obscures more than 20% of a glassed window or door area.
(8)
The outlining of any window, door, facade or roof with neon lights or any other type of lighting shall not be permitted, except in the B-3 Zone, where coverage shall not exceed 20% of the area.
[Added 1-23-2001 by Ord. No. 02-2001]
(9)
Permit required for banners. No temporary signs, flags, similar advertising devices and/or structure shall be erected, hung, mounted or placed upon utility poles, lighting structures or the like until written application has been made to the Construction Code Official in a manner prescribed by him, and a permit has been duly issued.
[Added 2-24-1998 by Ord. No. 3-98; amended 5-28-2002 by Ord. No. 11-2002]
(b)
Prior to the erection of any banner, the applicant must receive approval from the Mayor and Council and where applicable, the Passaic County Board of Chosen Freeholders and Public Service Electric and Gas.
(c)
For purposes of this chapter, a "banner" shall be defined as any sign displayed across a roadway, driveway or any location of vehicular traffic.
(d)
Banners shall be hung in such a manner so as to not interfere with or obstruct access or vision along the right-of-way or any portion thereof. Banners shall not exceed 20 feet in length or three feet in width.
(e)
Each banner must be clearly marked with the name of the organization responsible for the hanging of the banner.
(f)
The time period for posting a banner shall not exceed 30 days and it shall be the responsibility of the organization whose name appears on such banner to remove said banner within the prescribed time period.
(g)
The applicant shall maintain liability insurance in the amount of $1,000,000 and furnish the Borough with a liability insurance certificate naming the Borough of Totowa as an additional insured.
F.
Fee for temporary signs. A permit shall be required for any temporary sign, flags, banners, strings of banner and similar advertising devices and/or freestanding structures, and the fee for said permit shall be $25.
[Added 2-24-1998 by Ord. No. 3-98]
G.
Lighting. Any lighting located and/or installed in and/or around the perimeter of a window shall be turned off by no later than 11:00 p.m. and not turned on any earlier than 10:00 a.m.
[Added 2-24-1998 by Ord. No. 3-98]
§ 415-108 Solid waste disposal.
A.
General. Each site plan shall provide for the removal of all solid wastes and shall further provide for temporary on-site storage of all solid waste materials, in enclosed containers, in accordance with a plan approved by the Board.
B.
Access. Adequate access shall be provided to all solid waste storage facilities. Such access shall accommodate the type of vehicle normally used for the collection of wastes.
C.
Location.
(1)
Outdoor solid waste storage facilities shall be visually screened from elsewhere on the project and from all property lines in a manner to be approved by the Board.
(2)
Storage of wastes which produce no discernible odor may be outdoors.
(3)
Storage of wastes which produce a discernible odor shall be within a building.
D.
Recycling. Requirements set forth in the Borough of Totowa Municipal Ordinance Number 8-87[1] and the New Jersey Statewide Mandatory Source Separation and Recycling Act[2] and all subsequent revisions shall be complied with. Specifically, all subdivision and site plan applications submitted to the Borough involving 50 or more units of single-family housing or 25 or more units of multifamily housing and any commercial or industrial development which uses 1,000 square feet or more of land must provide for the recycling of designated materials. The following items should be addressed:
(1)
Identify materials to be collected.
(2)
Identify proposed recyclable material storage locations.
(3)
Identify locations where recyclable materials are to be picked up.
(4)
Identify frequency of collections.
(5)
Identify quantity of recyclable materials expected to be generated.
(6)
Where outdoor storage is proposed, the storage area shall be suitably screened from view.
§ 415-109 Retaining walls.
A.
All retaining walls shall be offset a sufficient distance from any property line to allow construction and maintenance of all structural elements of the wall without disturbance of adjacent property.
B.
For retaining walls over an aggregate height of four feet, structural calculations must be submitted to and be approved by the Borough Engineer prior to construction.
C.
The preferred material for construction of retaining walls over two feet will be interlocking concrete blocks. Use of timber tie materials should be limited to retaining walls having an aggregate height of less than two feet.
D.
Retaining walls over five feet in height shall be provided with a fence or other approved barrier at the top of the wall to prevent accidental falls.
§ 415-110 Satellite antennas.
Satellite antennas shall meet the requirements for accessory structures in § 415-90D.
§ 415-111 Stormwater drainage.
A.
General requirements.
(1)
All streets shall be provided with manholes, catch basins and pipes where the same may be necessary for proper surface drainage. On-site facilities may be permitted. Additionally, all work shall be in accordance with the established design standards of the Borough.
(2)
The system shall be adequate to carry off or store the stormwater and natural drainage water which originates not only within the lot or tract boundaries, but also that which originates beyond the lot or tract boundaries. No stormwater runoff, natural drainage water or water discharged from any source shall be so diverted as to overload the existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions. Over-the-sidewalk, under-the-sidewalk and/or through-the-curb drains for the purpose of disposing of sump pump and/or roof leader runoff is prohibited. These facilities must outlet into an adequate watercourse or drainage system as approved by the Borough Engineer. Specific findings shall be made by the Borough Engineer in this regard for review and adoption by the approving authority as part of its written resolution (finding of facts).
(3)
Techniques for computing stormwater runoff shall be as approved by the Borough Engineer. The Rational Method of surface water runoff computation may be used for storm sewers and open channels with drainage basins up to 25 acres in area.
(4)
The coefficient of runoff should be based on good engineering judgment and should take into account the ultimate use of the total drainage area. The range of coefficients is listed below:
Description of Area | Runoff Coefficient | |
|---|---|---|
Residential | 0.50 | |
Other (industrial, commercial) | 0.75 to 0.90 as per Borough Engineer |
(5)
Rainfall intensity should be placed on rainfall curves for northern New Jersey. The design storm frequency shall be 25 years, except that a one-hundred-year design storm frequency criteria shall be used when specifically required by the approving authority or the Borough Engineer in individual canes and as mandated by other governmental entities having jurisdiction. Minimum inlet time shall be 10 minutes.
(6)
Design of pipes and open channels.
(a)
Manning's formula shall be used for design of pipes and open channels where the coefficient of roughness (n) is:
Description | n | |
|---|---|---|
Reinforced concrete pipe | 0.013 | |
Corrugated metal pipe | 0.024 | |
Corrugated metal pipe, coated and 25% paved | 0.022 | |
Corrugated metal pipe with smooth asphalt lining | 0.013 |
(b)
This formula may be modified, recalculated and redesignated in the discretion of the Borough Engineer.
(7)
Storm sewers, open channels, bridges and culverts, unless otherwise directed by the Borough Engineer, shall be designed for minimum flow capacities as follows:
Design | ||
|---|---|---|
Type | Capacity | |
Drainage systemsa | 25 years | |
Drainage structuresb | 100 years | |
Open channels | As determined by Borough Engineer | |
NOTES: | ||
a | The term "drainage systems" refers to the composite of all drainage infrastructure improvements. | |
b | The term "drainage structures" refers to particular drainage infrastructure improvements such as bridges and culverts. | |
(8)
The materials used in the construction of storm sewers, bridges and other drainage structures shall be in accordance with the specifications of the Standard Specifications for Road and Bridge Construction of the New Jersey State Highway Department, current edition, and any supplements, addenda and modifications thereof, unless otherwise specified by the approving authority. Modifications or change of these specifications may be requested by the applicant but may be implemented only with the knowledge and written consent of the approving authority.
(9)
Lots shall be graded to secure proper drainage away from buildings and into drainage systems, where possible. Additionally, drainage shall be provided in a manner which will prevent the collection of stormwater in pools or other unauthorized concentrations of flow, and, to the extent possible, and unless specifically approved in writing by the adjacent property owner and incorporated into appropriate resolution by the approving authority, water shall not flow across adjacent property lines.
(10)
Approval for drainage structures shall be obtained from the appropriate municipal, county, state and federal agencies and offices. Each applicant shall be responsible for making application to the appropriate authority or agency; and letters of approval from the appropriate governmental authorities shall be furnished to the Borough Engineer, with copies to the approving authority, prior to the granting of final approval.
(11)
Where required by the Borough and for a lot or tract traversed by a watercourse, surface or underground drainage way or drainage system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement to the Borough conforming substantially with lines of such watercourse and such further width for construction, or both, as will be adequate to accommodate expected stormwater runoff in the future, based upon reasonable growth potential in the Borough and, in any event, meeting any minimum widths and locations shown on any adopted Official Map or Master Plan. Such easement dedication shall be expressed on the plat as follows: "Drainage easement granted for the purposes provided for and expressed in the Land Development Ordinance of the Borough."
(12)
Where appropriate, seepage pits may be required in order to recharge aquifers.
B.
Major developments.
(1)
Major developments include all residential, governmental, commercial or industrial developments which add one or more acres of impervious surface and to all other developments which pose a significant potential for pollution of surface or ground waters.
(2)
The flood and erosion control standards for detention will require that volumes and rates be controlled so that after development the site will generate no greater peak runoff at the site than prior to development, for either a two-, ten-, or one-hundred-year storm considered individually. Such storms may be computed either as a Type II twenty-four-hour storm under United States Soil Conservation Service procedures (United States Soil Conservation Service, Urban Hydrology for Small Watersheds, Technical Release No. 55, January 1975) or as the estimated maximum rainfall for the estimated time of concentration of runoff at the site. Tabulations of estimated maximum rainfall are available from the New Jersey Department of Environmental Protection and shall be the basis for calculation unless more reliable localized data is available, which then shall be used accordingly.
(3)
The water quality requirement for detention will require prolonged retention of a small design storm which shall be either a one-year frequency Type II storm or a storm of 1 1/4 inches of rainfall in two hours. Provisions shall be made for it to be retained and released so as to evacuate 90% in approximately 18 hours in the case of residential development and 36 hours in the case of other developments. This is usually accomplished by a small outlet at the lowest level of detention storage, with a larger outlet or outlets above the level sufficient to control the small design storm. If the above requirement would result in a pipe smaller than three inches in diameter, the period of retention shall be waived so that three inches will be the minimum pipe size used. Where soils have sufficient permeability, the production of zero runoff from the site under conditions of the water quality storm will be considered sufficient to meet the water quality requirement for residential developments, provided that the groundwater does not rise to within two feet of the bottom of the detention basin. For other than residential developments, approvals will be on a case-by-case basis after technical review by the Borough Engineer. The object of this review will be to avoid pollution of groundwater.
C.
Floodplain development.
(1)
There will be no detention basins in the floodway.
(2)
Stormwater drainage analysis for development located in floodplains is to determine the adequacy of proposed detention measures during the one-hundred-year flood applying the one-hundred-year design storm to both the site and to the entire watershed contributing to the floodplain, assuming that the two peak simultaneously. The time of concentration assumed for the entire watershed should be that appropriate to the larger area, rather than the shorter period applicable to the site.
(3)
All development in the floodplain must be in compliance with all applicable regulations under the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
(4)
In default of an analysis such as described above, detention storage provided by construction of dikes or embankments below the elevation of the one-hundred-year flood (either specifically calculated or taken from an official floodplain delineation map) will be credited as effective storage at a reduced proportion as indicated in the table below:
Table 1 Allowable Proportion of Storage to be Assumed Usable in Detention Basins Below the Level of the One-Hundred-Year Flood, in Drainage Basins of Various Sizes | ||||
Drainage Basin Area at Site | ||||
|---|---|---|---|---|
Elevation of Storage Provided Below 100-Year Flood Level | Less Than 5 Square Miles (percent) | 5 to 100 Square Miles (percent) | Over 100 Square Miles (percent) | |
Less than 2 feet | 40% | 65% | 90% | |
2 to 4 feet | 25% | 50% | 75% | |
Over 4 feet | 10% | 25% | 50% | |
(5)
This effective detention storage, plus other supplementary measures, will be required to provide for stormwater detention in accordance with established standards. However, the gross storage considered for this evaluation will not exceed that which would be filled by runoff of a one-hundred-year storm at the site.
(6)
In making computations under the method described above, the volume of net fill added to the flood hazard area portion of the project site will be subtracted from the capacity of effective detention storage provided. "Net fill" is defined as the total amount of fill created by the project less the amount of material excavated during the construction of the project, both measured below the elevation of the one-hundred-year flood but above the elevation of low water in the stream.
D.
Alternatives to detention basins. In lieu of or in combination with detention basins and after submission of adequate proofs, reviewed and approved by the Borough Engineer, basic requirements for stormwater management may be satisfied by means of rooftop storage, tanks, infiltration pits, dry wells or gravel layers underneath paving, with appropriate consideration for length of life and feasibility of continued maintenance. Vacuum street sweeping may be substituted for the water quality requirement in cases in which continuity of the service can be assured and where the pollution in question originates on the pavement.
E.
Maintenance and repair.
(1)
The applicant shall indicate responsibility for long-term maintenance of detention basins or other stormwater facilities.
(2)
A schedule of maintenance inspections shall be established.
(3)
Agreements shall be prepared providing, in the case of privately owned and maintained drainage facilities, that, in the event maintenance or repair is neglected, the Borough has the authority to perform necessary work and charge the property owner accordingly.
§ 415-112 Streets.
A.
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. New minor streets shall be designed to discourage through traffic.
B.
All streets shall have rights-of-way and pavement widths sufficient to carry anticipated traffic, but in no event less than shown on the Master Plan or Official Map. All streets shall be constructed in accordance with Chapter 361, Streets and Sidewalks, and this chapter.
C.
Marginal access. In subdivisions that abut arterial streets and such other streets or portions of streets as the Planning Board may designate on the Master Plan, the Planning Board may require provision for marginal access roads, reverse frontage lots with buffer strips for planting or other design methods for the purpose of separating through and local traffic.
D.
Right-of-way width. The right-of-way shall be measured from lot line to lot line and shall be 50 feet unless a greater width is shown on the Master Plan or Official Map.
E.
Cartway width. The cartway width shall be sufficient to carry anticipated traffic and shall generally conform to the standards below:
Type of Street | Cartway Width (feet) | |
|---|---|---|
Arterial | 36 | |
Collector | 32 to 40 | |
Minor/marginal access | 30 to 36 | |
Alley | 10 (one-way) 20 (two-way) |
F.
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strip has been placed in the Borough Council under conditions approved by the Board.
G.
Subdivisions that adjoin or include existing streets that do not conform to width as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional 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 conveyed to the Borough, county or state, as the case may be.
H.
Grades of arterial and collector streets shall not exceed four 4% and 6%, respectively. Grades on other streets shall not exceed 10%. No street shall have a minimum grade of less than 1% or as approved by the Board. Grades within 25 feet of an intersection shall not exceed 3% for arterial and collector streets and 5% for all other streets.
I.
Street intersections shall be right angles. The block corners at intersections shall be rounded at the property line and have a radius of not less than 25 feet.
J.
The distance between intersections on either the same or opposite side of the street shall not be less than 125 feet measured from the center lines.
K.
A tangent at least 100 feet long shall be introduced between reverse curves on all streets.
L.
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 minor streets and 300 feet for arterial and collector streets.
M.
All changes in grade shall be connected by vertical curves and shall provide a smooth transition and proper sight distance.
N.
A dead-end street or cul-de-sac shall not exceed 600 feet in length. Dead-end streets shall have a turnaround at the end with a radius of not less than 50 feet to the right-of-way line and tangent wherever possible 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 future extension of the street and reversion of the excess right-of-way to the adjoining properties.
O.
No street shall have a name which will duplicate or so nearly duplicate the name of existing streets as to be confusing.
P.
Bicycle-safe drainage grates shall be used in the construction of all new streets or the reconstruction of existing streets.
§ 415-113 Swimming pools, private. [1]
A.
Residential swimming pools shall be considered accessory structures and shall meet the requirements of § 415-90D above.
B.
Pools shall also meet the following requirements:
(1)
No person shall install, construct, erect or make any alteration, addition or other improvement to any permanent private swimming pool until he shall have obtained a building permit issued by the Construction Code Official as in the case of any other structure.
(2)
No person shall install, construct, erect or maintain a portable private swimming pool in any calendar year until he shall have obtained from the Construction Code Official a portable swimming pool permit. The application for the permit shall show the dimensions of the pool.
(a)
No permit shall be issued for a below-ground pool until a site plan prepared by a licensed professional engineer has been submitted and approved by the Borough Engineer.
[Added 11-9-2004 by Ord. No. 14-2004]
(b)
A $250 fee for the required engineering services shall be submitted with site plan. In the event that the site plan is not approved and must be resubmitted, the applicant will be charged at the municipal engineer's hourly rate.
[Added 11-9-2004 by Ord. No. 14-2004]
(3)
All private swimming pools shall be registered annually with the Construction Code Official who shall be required to keep a complete and up-to-date registry of said swimming pools, and an annual registration fee of $2 shall be charged. Said registration shall be made not later than April 15 of each year, except that any pool erected or installed after April 15 shall be registered at the time a building permit or portable swimming pool permit is issued. The Construction Code Official shall supply a registration decal which shall be prominently displayed on or near the pool.
(4)
Every below-ground private swimming pool within the Borough shall be completely surrounded by a fence or wall not less than four feet in height which shall be so constructed as to not have openings, holes or gaps larger than three inches in any dimension, except doors and gates; and if a picket fence is erected or maintained, the horizontal dimension shall not exceed three inches. The fence or wall shall be constructed at a distance of at least three feet from the outside edge of the swimming pool. A dwelling house or accessory building may be used as part of such enclosure. All gates and doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gates or doors securely closed at all times when not in actual use, except that the door of any dwelling which forms part of the enclosure need not be so equipped. Any existing below-ground private swimming pool shall be provided with an enclosing fence or wall and gate within 45 days of the date of final adoption of this chapter.
(5)
All private swimming pools erected, installed or constructed above ground shall have any access ladder or steps removed from the pool or otherwise rendered unusable when the pool is not in use.
(6)
The Construction Code Official of the Borough shall be responsible for the enforcement of these requirements.
§ 415-114 Tennis courts.
A.
Tennis courts shall be permitted only in conjunction with a dwelling unit or units erected on the same plot.
B.
Tennis courts shall not be used for commercial purposes.
C.
A tennis court and its backstops and side stops shall not be erected within the front setback of the principal building to which it is an accessory.
D.
Backstops and side stops shall be set back from the property lines a distance of not less than the height of said backstops and side stops or the required building setback, whichever is greater.
E.
Backstops and side stops shall not exceed 12 feet in height and shall be a fence commonly known as a "chain link fence." In the event that the topography requires a retaining wall and said wall meets all other requirements set forth in this section, then in such event the same shall be sufficient for these purposes.
F.
A lighting plan in and around the tennis courts shall provide for nonglare color-corrected lights focused downward. A lighting plan shall be submitted for approval by the Planning Board, and the object of its approval shall be to minimize undesirable off-premises effects. To achieve these requirements, the intensity of such lighting sources, the light shield and similar characteristics shall be subject to approval by the Planning Board. Further, the property owners shall not use said lighting system after 11:00 p.m.
G.
A drainage plan in and around tennis courts shall be submitted for approval by the Planning Board or its Engineer.
H.
Areas adjacent to tennis courts shall be landscaped, including trees, shrubs and lawns, to serve as a buffer between said use and the adjoining residential properties and to ensure an attractive appearance for said use. Landscape plans shall be subject to approval by the Planning Board.
§ 415-115 Tree removal.
A.
Removal of trees.
§ 415-116 Utilities.
A.
B.
Location.
(1)
All utility services shall be below ground, except that terminal boxes may be located above ground. If located within a street, said utilities shall be outside of the cartway except for required crossings and for sewer and water line. Lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from these overhead lines, but any new service from these overhead lines shall be installed underground. In the case of existing overhead utilities, however, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground, if in accordance with current BPU regulations.
(2)
The developer shall arrange with the servicing utility for the underground installation of the utilities' distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of the servicing utility's tariff and on file with the State of New Jersey Board of Public Utility Commissioners. The developer shall submit, prior to the granting of final approval, a written instrument from each servicing utility which shall evidence full compliance or intended full compliance with the provisions of this section.
C.
As-built plans. The developer shall provide the Borough with at least four copies of a final as-built plan showing the installed location(s) of all utilities.
§ 415-117 Granting of exceptions.
The Board, when acting upon applications for preliminary or minor subdivision approval or for preliminary site plan approval, shall have the power to grant such exceptions from the design standards and requirements for approval as may be reasonable and within the general purpose and intent of the provisions herein, if the literal enforcement of one or more provisions herein is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
§ 415-118 Penalty for selling prior to final approval.
If, before final subdivision approval has been granted, any person transfers or sells, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
§ 415-119 Civil remedies.
A.
In addition to the penalty prescribed in the foregoing section, the Borough may institute and maintain a civil action:
B.
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 developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also a reasonable search fee, survey expense and title-closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land, or within six years, if unrecorded.