Westwood City Zoning Code
PART 2
Review Procedures and Design Procedures
§ 195-64 General procedures for site plan and subdivision review.
A.
Purpose. Such regulations are deemed necessary to achieve the following purposes:
(1)
Promote orderly development: to protect the character and to maintain the stability of all areas within the community and to promote the orderly and beneficial development of such areas.
(2)
Promulgate rules and regulations: to provide rules, regulations and procedures where applicable and, to the extent the same have not been otherwise promulgated by ordinance in the Borough of Westwood, which will guide the appropriate development of lands within the Borough in a manner which will promote the public health, safety, morals and general welfare.
(3)
Protect against hazards and danger: to secure safety from fire, flood, panic and other natural and man-made disasters.
(4)
Design standards: to encourage the design and location of streets which will promote the free flow of traffic while discouraging the location of such facilities and routes which will result in congestion.
(5)
Creative development techniques: to promote a desirable physical environment through creative development techniques, design and arrangement.
(6)
Open spaces: to promote the conservation of open space and to protect the natural resources and to prevent overcrowding through improper land use.
B.
Conditional approval. The applicant shall comply with reasonable conditions laid down by the approving authority for design, dedication, improvements and the use of the land to conform to the physical and economical developments of the municipality and to the safety and general welfare of the future residents/owners in the development and the community at large. Where County Planning Board review or approval is required on a subdivision or site plan, the approving authority shall condition any approval it grants upon either timely receipt of a favorable report from the County Planning Board or approval by the County Planning Board due to its failure to submit a report within the required time period.
C.
Exceptions to design and performance standards. The approving authority, when acting upon applications, shall have the power to grant such exceptions from the subdivision and site plan requirements of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivisions, plat, site plan review and approval if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to land in question.
D.
Exemptions from subdivision and site plan regulations. The approving authority may waive required notices and hearings for exempt subdivisions and exempt site plans except where a variance or conditional use is part of the application. Divisions of land not considered a subdivision as defined in this chapter shall be exempt from compliance with the requirements of this chapter only after affirmative action by the approving authority. Such action shall be taken following submission of documentation to the approving authority showing the division of land for agricultural purposes where all resulting parcels are 10 acres or larger in size, divisions by testamentary or intestate provisions, divisions of property by court order and conveyance so as to combine existing lots by deed or other instrument, as the case may be. Until exempted from the subdivision regulations by the approving authority, no person can transfer, sell or agree to transfer or sell, as owner or agent, any land which forms a part of a subdivision for which approval is required. Until exempted from the site plan regulations by the approving authority, no alterations or improvements shall be made nor permits issued.
E.
Simultaneous review or separate applications.
(1)
The approving authority shall have the power to act upon subdivisions, conditional uses or site plans simultaneously, without the developer making further application or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use.
(2)
The Board of Adjustment, when reviewing an application for a "d" variance, shall have the power to grant site plan and subdivision approval to the same extent and subject to the same restrictions as the Planning Board.
F.
Use variance applications. All use variance applications shall be accompanied by plans, plus other supporting documents as required for subdivision and site plan approval. (See also § 195-23B.)
G.
Submission of concept plan for informal review.
(1)
An informal review of a concept plan is optional. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The purpose will be to review concepts to assist the applicant in the preparation of subsequent plans. Other than classification, no decisions will be made, no hearings held and no formal action taken. Neither the developer nor the approving authority shall be bound by this informal review.
(2)
Filing procedure and information for concept review.
(a)
The developer shall file with the Secretary, at least 15 days prior to the meeting of the approving authority, 16 copies of the concept plan and five copies of the completed application form.
(b)
The concept plan is considered a sketch or general plan, neither fully engineered nor surveyed. Information used to prepare the concept plan can be available from secondary source information, such as the Soil Conservation Survey Map or U.S. Geodetic Survey Maps, but should be sufficiently detailed to allow the Planning Board to make suggestions on general site design and layout for circulation, stormwater management, location of open space and buffers and building arrangements and to determine how this chapter affects the proposal. It should contain the following information:
[1]
A clearly and legibly drawn plan with a graphic scale of not less than one inch equals 100 feet.
[2]
The existing and proposed street and lot layout, with dimensions, showing that portion proposed for development in relation to the entire tract.
[3]
Existing lot lines to be eliminated.
[4]
The area of the tract to the nearest square foot.
[5]
The area of each proposed lot to the nearest square foot.
[6]
Contours based on United States Geologic Survey data.
[7]
Existing and proposed structures and uses.
[8]
Existing and proposed setbacks.
[9]
Natural features, including streams, lakes and drainage rights-of-way; the location of all drainage structures; and the location of flood hazard areas and floodway lines, steep slopes and wetlands.
[10]
Zoning districts.
[11]
Name, address, signature and phone number of the owner, developer and person preparing the plan.
[12]
Key map with North arrow showing the entire development and its relation to surrounding areas.
§ 195-65 Submission of preliminary plats for major developments.
Preliminary plats are required for all major site plans and major subdivisions.
A.
Filing procedure.
(1)
The developer shall complete all portions of the application form and, along with one copy of a plan, file with the administrative officer no later than 45 days prior to the date set for the hearing. This initial application will be reviewed for completeness and returned with notations and/or suggestions for the applicant to prepare the final application. Within 15 days of the scheduled meeting, the following material must be submitted to the administrative officer: 16 copies of the application, all plot plans, maps and other papers required by virtue of any provision of this chapter, as well as the applicable fee and certification by the Tax Collector that all taxes are paid to date.[1]
(2)
A corporation, limited-liability company or partnership applying for permission to subdivide a parcel of land, or for a variance to construct multiple dwellings, or for approval of a site to be used for commercial purposes, shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be. If a corporation or partnership owns 10% or more of the stock of a corporation, or a 10% or greater interest in a partnership, subject to the above disclosure, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or a 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder, or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners exceeding the ten-percent ownership criterion established in this subsection have been listed. No Planning Board, Board of Adjustment or municipal Governing Body shall approve the application of any corporation or partnership which does not comply with this requirement of N.J.S.A. 40:55D-48.1. The penalty for concealment by a corporation or a partnership shall be as outlined in N.J.S.A. 40:55D-48.1.
B.
Action by approving authority.
(1)
The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified, in writing, within 45 days of submission in accordance with § 195-11.
(2)
Public hearing. If accepted as an application, a public hearing date shall be set by the approving authority and notice given.
(3)
Upon submission of a plat, the administrative officer shall submit one copy of the plat and supporting data to the Municipal Engineer, Environmental Commission, Board of Health and any other agency or person as directed by the approving authority for review and action. Each shall have not more than 30 days from receipt of the plat to report to the approving authority. In the event of disapproval, such report shall state the reasons therefor. If any agency or person fails to submit a report within 30 days, the plat shall be deemed to have been approved by it. Upon mutual agreement between the County Planning Board and the approving authority, with approval of the developer, the thirty-day period for a County Planning Board report may be extended for an additional 30 days, and any extension shall so extend the time within which the approving authority is required to act.
(4)
The approving authority shall grant or deny preliminary subdivision approval within the following time periods, unless some further time has been consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval of the subdivision:
(5)
The approving authority shall grant or deny preliminary site plan approval within the following time periods, unless some further time has been consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval of the site plan:
(6)
If the approving authority required any substantial amendment in the layout of improvements in either a site plan or subdivision, and that plan had been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development. The approving authority shall, if the proposed development complies with this chapter, grant preliminary approval.
(7)
The approving authority may approve, disapprove or approve with conditions the application, including action on the environmental impact report (§§ 195-84 and 195-93). The decision shall be in writing and shall be sent to the applicant and the newspaper as required by §§ 195-36 and 195-37. If the approving authority grants preliminary approval, its Chairman and Secretary, or the Vice Chairman or Assistant Secretary in their absence, respectively, and the Municipal Engineer shall sign each page of the plat indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are corrected on the plat. If the corrections are not completed within 90 days of the conditional approval, the conditional approval shall lapse.
(8)
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval. Otherwise, the approval shall be void. (See § 195-11.)
(a)
That 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; off-tract improvements; and any requirements peculiar to site plan approval, 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.
(b)
That 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 plat.
(c)
That the applicant may apply for, and the approving authority 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.
(9)
In the case of a development for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection B(8) above for such period of time longer than three years as shall be determined by the approving authority 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(s) 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.
§ 195-66 Submission of final plat for minor and major developments.
A.
Filing procedure.
(1)
Prior to the expiration of preliminary plat approval, the developer shall file with the administrative officer, at least 15 days prior to the meeting of the approving authority, two translucent tracing cloth or Mylar copies; nine black-on-white paper prints of the plat; two completed copies of the application form and final plat checklist; the performance guaranty approved by the Governing Body, including off-tract improvements, if any; any maintenance guaranties; the applicable fee; certification by the Tax Collector that all taxes are paid to date; certification by the Soil Conservation District pursuant to the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws of 1975[1]; and, if a common open space lot or lots are included in the application, a separate map showing the individual lot or lots that are to be designated as common open space, which map shall have shown thereon the data listed on the Application Checklist in Appendix A.[2]
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
(2)
Where utility services are to be extended to the development, the final plat shall be accompanied by letters directed to the Chairman of the approving authority and signed by a responsible officer of the water company, sewer authority and utility which provides gas, telephone and electricity that has jurisdiction in the area. Such letters shall approve each proposed utility installation design and state who will construct the facility.
(3)
The final plat shall be accompanied by a statement by the Municipal Engineer that he is in receipt of a map showing all utilities and other improvements (both in the development and off-tract improvements) in exact location and elevation; that he has examined the street, drainage erosion, stormwater control and excavation plans and found that the interests of the Borough and of nearby properties are fully protected and identifying those portions of any improvements already installed; and that the developer has either:
B.
Action by approving authority.
(1)
The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified within 45 days of submission. (See § 195-11.) If accepted as a complete application, the approving authority shall grant final approval if the detailed drawings, specifications and estimates conform to the standards established by this chapter, the conditions of previous reviews, the changes and/or conditions of previous reviews, the changes and/or conditions required on the informal plat in cases where there has been no preliminary plat, and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. In the case of a minor or exempt subdivision or minor or exempt site plan where there has been no previous submission of an informal or preliminary plat, the approving authority may waive the required notices and hearing. In the case of a planned development, the approving authority may permit minimal deviations from the conditions of preliminary plat approval necessitated by a change of conditions beyond the control of the developer since the date of preliminary approval. Minimal deviations shall not require the developer to submit another application for preliminary approval.
(2)
Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. An approved final plat shall be signed by the Chairman and Secretary of the approving authority, or the Vice Chairman or Assistant Secretary in their absence, respectively. Failure of the approving authority to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the approving authority to act shall be issued on request of the applicant. Such certificate 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.
(3)
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 or N.J.S.A. 40:27-6.6, the approving authority shall condition any approval that it grants upon timely receipt of a favorable report from the County Planning Board or upon its failure to submit a report within the required time period.
(4)
Final approval of a minor subdivision shall expire 190 days from the date of municipal approval unless a plat in conformity with such approval, including any conditions imposed by the approving authority, and in conformity with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Municipal Engineer and the Borough Tax Assessor. Such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the approving authority, or the Vice Chairman or Assistant Secretary in their absence, respectively. In reviewing the application for development for a proposed minor subdivision, the approving authority may accept a plat not in conformity with the Map Filing Law, provided that if the developer chooses to file the minor subdivision by plat rather than deed, such plat shall conform to the provisions of said law.
(5)
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such a period the plat shall have been duly filed by the developer with the County Recording Officer. The approving authority may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat. No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the approving authority, as indicated on the instrument by the signature of the Chairman and Secretary of the approving authority, or the Vice Chairman or Assistant Secretary in their absence, respectively, or a certificate has been issued as to the failure of the approving authority to act within the required time. The signatures of the Chairman and Secretary shall not be affixed until the developer has posted the required guaranties. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void, and, upon request of the municipality, the plat shall be expunged from the official records. It shall be the duty of the County Recording Officer to notify the Planning Board, in writing, within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number.
(6)
Provided that the approved final subdivision plat has been filed with the County Recording Officer, the zoning requirements applicable to the preliminary approval first granted to a site plan or a major subdivision and all other rights conferred upon the developer pursuant to the Municipal Land Use Law,[3] whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. Upon granting of final approval, the rights conferred upon the applicant by the granting of preliminary approval shall be terminated upon final approval.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(7)
Provided that the approved final plat of a minor subdivision has been filed with the County Recording Officer, the zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval.
(8)
The developer shall supply sufficient copies of the approved final plat so the administrative officer can distribute one copy to each of the following: Borough Clerk, Construction Official, Tax Assessor, County Planning Board, Borough Planning Board and any other agency or person directed by the approving authority; and shall supply one translucent cloth or Mylar copy to the Municipal Engineer.
(9)
All final and approved plats shall be signed by the Board Chairman, the Board Secretary, and the Borough Engineer.
[Added 9-4-2001 by Ord. No. 01-19]
(10)
No construction permit shall be issued until the resolution has been published in the official newspaper of the Borough.
[Added 9-4-2001 by Ord. No. 01-19]
§ 195-67 Plat design standards for subdivisions; plat conformity.
All applications shall be submitted in plat form, and all plats shall conform to the submission requirements. All plats shall be drawn by a licensed land surveyor, and all drawings of improvements shall be prepared by a professional engineer, and all such drawings shall bear the signature, embossed seal, license number and address of the preparer. Subdivision requirements are set forth in the checklist in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
§ 195-68 Plat design standards for site plans; plat conformity.
All applications shall be submitted in plat form, and all plats shall conform to submission requirements. All plats shall be drawn by a licensed New Jersey engineer or architect and shall bear the signature, embossed seal, license number and address of the engineer, except that plats submitted under the informal discussion provisions and sketch plats of minor site plans are exempt from this requirement. Site plan requirements are set forth in the checklist in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
§ 195-69 Conformance to standards; character of land; performance guarantees.
A.
All developments shall conform to design standards encouraging sound development patterns within the Borough. Where an Official Map or Master Plan has been adopted, the development shall conform to same.
B.
Character of land. Lands identified in the Master Plan as critical areas or having severe or moderate soil characteristics, particularly as the lands relate to flooding, improper drainage, shallow depth to water table, steep slopes, rock formations, utility easements or similar features, shall not be used as buildable areas unless adequate and acceptable methods meeting the regulations of this chapter and all other regulations are incorporated.
C.
Prior to the granting of final approval, the subdivider shall have furnished performance guarantees for the ultimate installation of the required items outlined in the developer's agreement.
§ 195-70 Existing permits, approvals and variances.
Nothing in this chapter shall require any changes in a building permit, site plan or zoning variance which was approved before the enactment of this chapter, provided that construction shall have been started within one year from the effective date of this chapter, and the project shall be continuously pursued to completion. Otherwise, said approvals and permits shall be void.
§ 195-71 Nonresidential streets.
All developments shall be served by paved streets. The arrangement of streets not shown on the Master Plan or Official Map shall provide for the appropriate extension of existing streets, conform to the topography, as far as practical, and allow for continued extension into adjoining undeveloped tracts with a minimum right-of-way of 50 feet. When a development adjoins land capable of being developed further, suitable provisions shall be made for future street access.
A.
Local streets. Local streets shall be so designed as to discourage through traffic, unless deemed necessary by the approving authority.
B.
Pavement width of streets. The pavement width of all streets shall be a minimum of 30 feet for all local streets and may be greater for collector and arterial streets.
C.
Minimum right-of-way width.
(1)
The right-of-way width shall be measured from lot line to lot line and shall not be less than shown below, except when shown at a greater width on the Master Plan or Official Map of the Borough of Westwood, or when said street constitutes an extension of an existing street with a width greater than 50 feet:
(2)
The right-of-way width for internal roads in developments shall be determined on an individual basis and shall be of sufficient width and design to safely accommodate traffic, parking and loading, as well as emergency services.
D.
Substandard street right-of-way and pavement width. In connection with subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map, or the street width requirements of this chapter, the applicant shall dedicate additional right-of-way or pavement width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.
E.
Street grades. Grades of arterial and collector streets shall not exceed 4%. Grades on other streets shall not exceed 10%. Maximum grades on any streets within 50 feet of an intersection shall be 5%. No street shall have a minimum grade of less than 1/2%. Road cross sections (crown) shall range between 2% and 3%.
F.
Street intersections. Intersecting street center lines shall be as nearly at right angles as possible, and in no case shall they be less than 60° at the point of intersection. The block corners at intersections shall be rounded at the curbline, with a curve having a radius of not less than 20 feet. Curblines shall be parallel to the center line. Approaches to all intersections shall follow a straight line for at least 100 feet, measured from the curbline of the intersecting streets to the beginning of the curve. No more than two street center lines shall meet or intersect at any one point. Collector and/or arterial streets intersecting another street from opposite sides shall either be directly opposite each other without offset or shall have a minimum offset distance of 125 feet between center lines. Street jogs with center-line offsets of less than 125 feet shall be prohibited.
G.
Reverse curve tangents. A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
H.
Street line deflection. When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.
I.
Change in grade. All changes in grade shall be connected by vertical curves of sufficient degree of curvature to provide a smooth transition and proper sight distance.
J.
Cul-de-sac streets. Cul-de-sac streets shall not exceed a length of 600 feet. A turnaround shall be provided at the end of the cul-de-sac, with a right-of-way radius of not less than 50 feet and a curbline radius of not less than 40 feet. The center point for the radius shall be on the center line of the associated street or, if offset, to a point where the curbline radius becomes a tangent to one of the curblines of the associated 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.
K.
Streets shall be constructed in accordance with the standard specifications of the New Jersey Department of Transportation (NJDOT). Pavement section shall consist of the following:
(3)
Where subbase conditions are wet, springy, or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least 12 inches below the proposed subgrade and filled with a suitable subbase material as determined by the Municipal Engineer. Where required by the Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the surfacing material shall be applied.
L.
Street names. No new street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets in Westwood, Hillsdale, River Vale, Emerson and Township of Washington. The continuation of an existing street shall have the same name. The names of new streets must be approved by the approving authority.
M.
Sidewalks. Sidewalks shall be required along both sides of a street in all nonresidential subdivisions unless waived by the approving authority. A minimum walkway width of four feet shall be constructed in accordance with the requirements of the Borough Engineer and in conformance with this chapter. Within the CBD/SPE District, sidewalks and streetscape shall comply to the design set forth in the Borough's Master Plan.
N.
Where extra width has been dedicated for widening of existing streets, lots shall begin at such new line, and all setbacks shall be measured from such new line.
O.
Where the property to be subdivided is next to or includes a railroad right-of-way, suitable provisions shall be made for such things as road crossings, screening or buffers, freight access, warning signals, and signs in recognition of the relationship between the railroad and the subdivision.
P.
Curbing. Curbing shall be required on both sides of all streets within a subdivision. Belgian (granite) block or concrete curbs shall be used on all Borough streets according to the following standards:
(1)
Construction of all curbs shall conform to NJDOT Standards and Specifications for Road and Bridge Construction, 1989, Section 605, and supplements thereto, and shall meet the Borough Engineer's approval. All concrete to be used shall be Class B, as specified in NJDOT Standards and Specifications, and supplements thereto.
(2)
Granite curbs shall have a ten-inch to twelve-inch vertical height.
(3)
Curbs shall be set in a Class C concrete base at least four inches thick in the front and rear of the granite block and at least six inches thick below the block. The combined block and concrete base shall have a minimum vertical dimension of 18 inches.
(4)
Curbs shall have a six-inch exposed vertical face above the finished pavement surface.
(5)
Joints shall measure 3/8 inch to 1/2 inch in width.
(6)
The curb height at all driveway openings shall be lowered to a point two inches above the finished pavement.
(7)
The curbing shall be designed to provide barrier-free curb ramps constructed in accordance with the Design Standards for Curb Ramps for the Physically Handicapped of the New Jersey Department of Transportation.
§ 195-72 Residential streets.
A.
Street hierarchy. Streets shall be classified in a hierarchy with design tailored to function. The street hierarchy definitions contained within this section are applicable only to local residential streets and are not to be considered related to the United States Department of Transportation Federal Highway Administration's Functional Classification of Highways.
(1)
The street hierarchy system shall be defined by road function and average daily traffic (ADT), calculated by trip generation rates from the current edition of Trip Generation, by the Institute of Transportation Engineers, as indicated in Table 4.1 in Appendix B.[1] Trip generation rates from other sources may be used if the applicant demonstrates to the appropriate approving authority that these sources better reflect local conditions. In addition, the applicant shall investigate the opportunities for, and availability of, transit facilities and, if appropriate, consider their impact(s) on motor vehicle traffic trip generation rates per dwelling unit.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
(2)
Each residential street shall be classified and designed to meet the standards for one of the street types defined in Table 4.2 in Appendix B.[2]
[2]
Editor's Note: Appendix B is included at the end of this chapter.
(3)
The municipality and the developer shall determine the highest order street required to be used in a given residential development, considering the following:
(a)
The size of the development (number and type of units);
(b)
The actual or potential development of adjacent sites (whether there is likely to be traffic passing through from neighboring developments). A "potential development" means a development having approvals granted, applications pending, or undergoing preliminary review; and
(c)
The streets proposed for that area, if any, as contained in the municipal Master Plan.
B.
Cartway width.
(1)
Cartway width for each street classification shall be determined by parking and curbing requirements that are based on intensity of development.
(2)
Intensity of development shall be based on dwelling units per gross acre as follows:
Intensity | Dwelling Units per Gross Acre* | |
|---|---|---|
Low | Less than or equal to 4 | |
Medium | More than 4 and less than or equal to 15 | |
High | More than 15 |
NOTES: | ||
|---|---|---|
* | In determining the intensity of development, the gross acreage shall not include dedicated common open space or other such areas restricted from future development | |
(3)
Cartway widths for each street classification are as shown in Table 4.3 in Appendix B.[3]
[3]
Editor's Note: Appendix B is included at the end of this chapter.
(4)
Cartway width also shall consider possible limitations imposed by sight distances, climate, terrain, and maintenance needs.
C.
Curbs.
(1)
Curbs shall be used for drainage purposes, safety, and delineation and protection of pavement edge. Where, based on stormwater management system design, there is determined to be a problem with runoff, curbs or curbs and gutters shall be used.
(2)
Curb requirements shall vary according to street hierarchy and intensity of development, in accordance with the requirements set forth in Table 4.3 in Appendix B (N.J.A.C. 5:21-4.2).[4] Generally, curbs shall be required on all streets.
[4]
Editor's Note: Appendix B is included at the end of this chapter.
(3)
Curb requirements may be waived by the appropriate municipal approving agency, and shoulders and/or drainage swales used, when it can be shown that soil and/or topography make the use of shoulders and/or drainage swales preferable, and/or the community desires to preserve its rural character by using shoulders and/or drainage swales instead of curbs. In cases of medium development intensity, the curbing requirement may be waived where front setbacks exceed 40 feet, and it can be demonstrated that sufficient on-site parking exists.
(4)
Curbs shall be constructed according to the specifications set forth in N.J.A.C. 5:21-4.17, as follows:
(a)
Construction specifications for acceptable curb types of granite block and concrete are shown in Figure 4.1 in Appendix B.[5]
[5]
Editor's Note: For Figure 4.1, see N.J.A.C. 5:21-4.17. Appendix B is included at the end of this chapter.
(b)
The standard concrete curb section used shall be a maximum of 20 feet in length, with a scored joint every 10 feet. All concrete used for curbs or combination curbs and gutters shall be prepared in accordance with the requirements, by class of concrete, of the New Jersey Department of Transportation, Standard Specifications for Road and Bridge Construction, effective at the time of preparation. Where bituminous concrete pavement is used for the road surface, the curb and/or gutter shall be constructed first.
(c)
Where drainage inlets are constructed but curbs are not required, curbing must be provided at least 10 feet on each side of the inlet, set back one foot from the extension of the pavement edge.
(5)
Curbing shall be designed to provide a curb ramp in compliance with the Americans with Disabilities Act or the Barrier Free Subcode of the New Jersey Uniform Construction Code (N.J.A.C. 5:23-7) at street intersections, as applicable.
D.
Shoulders.
(1)
Shoulders and/or drainage swales should be used instead of curbs when soil and/or topography make the use of shoulders and/or drainage swales preferable and/or to preserve community character.
(2)
Shoulders shall be provided in accordance with the requirements in Table 4.3 in Appendix B.[6]
[6]
Editor's Note: Appendix B is included at the end of this chapter.
(3)
Shoulders shall be four feet wide, except for minor collector streets of high intensity with off-street parking, and major collector streets of medium and high intensity shall be six feet and eight feet wide, respectively, on each side for all streets and located within the right-of-way as shown in the street illustrations in Appendix B.[7]
[7]
Editor's Note: Appendix B is included at the end of this chapter.
(4)
Shoulders shall be constructed of materials such as stabilized earth, gravel, crushed stone, bituminous treatment, or other forms of pavement which provide for vehicle load support.
E.
Sidewalks and graded areas.
(1)
Sidewalks and/or graded areas shall be required, depending on the road classification and intensity of development, in accordance with the requirements set forth in Table 4.3 in Appendix B.[8]
[8]
Editor's Note: Appendix B is included at the end of this chapter.
(2)
Sidewalks shall be provided where graded areas are specified in Table 4.3 when:
(a)
The net density of the development project exceeds one dwelling unit per acre, and the development or project is located within 2,500 feet of a train station or a public or school bus route, or the development or project is located within 2,500 feet of an existing recreational, business or retail use, or a site where such use is permitted by existing zoning, or where the proposed streets connect to or extend existing streets which have sidewalks on both sides; or
(b)
The net density of the development exceeds 0.5 dwelling unit per acre, and the development is located within two miles of a school.
(3)
Notwithstanding Subsection E(2) above, sidewalks shall only be required on one side of rural streets or rural lanes and shall not be required in alleys.
(4)
Sidewalks shall be placed parallel to the street unless an exception has been permitted to preserve topographical or natural features, or if required to provide visual interest, or unless the applicant shows that an alternative pedestrian system provides safe and convenient circulation.
(5)
Pedestrianway easements at least 10 feet wide may be required by the municipal approving authority through the center of blocks more than 600 feet long. In providing circulation or access to schools, playgrounds, shopping, adjoining residential areas, or other community facilities, the municipality shall consider and may require pedestrianway easements.
(6)
Sidewalk width shall be four feet; wider widths may be necessary near pedestrian generators and employment centers. Where sidewalks abut the curb and cars overhang the sidewalk, widths shall be six feet. In high-density residential areas, when sidewalks abut the curb, a sidewalk/graded area of at least six feet in width shall be required.
(7)
Sidewalks and graded areas shall be constructed according to the specifications set forth in N.J.A.C. 5:21-4.18, as follows:
(a)
Sidewalks of concrete shall be four inches thick except at points of vehicular crossing, where they shall be at least six inches thick. At vehicular crossings, concrete sidewalks shall be reinforced with welded wire fabric mesh or an equivalent.
(b)
Concrete air-entrained sidewalks shall be Class C concrete, having a twenty-eight-day verification strength of 4,000 pounds per square inch. Other 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 and cross slope shall correspond to that of sidewalks.
F.
Street grades, intersections, and pavement.
(1)
The following apply to street grade:
(a)
Minimum street grade permitted for all streets shall be 0.5%.
(b)
Maximum street grade shall vary by road hierarchy, with flatter grades required for roads with higher ADTs, in accordance with the requirements shown in Table 4.6 in Appendix B.[9] Where terrain makes it necessary, the allowable maximum grade may be increased by up to 2%, but shall not exceed a maximum grade of 10%.
[9]
Editor's Note: For Table 4.6, see N.J.A.C. 5:21-4.19. Appendix B is included at the end of this chapter.
(2)
The following apply to intersections:
(a)
Street intersections shall be as nearly to right angles as possible and in no case shall be less than 75°.
(b)
New intersections along one side of an existing street shall, if possible, coincide with any existing intersections on the opposite side of the street. Use of T-intersections in subdivisions shall be encouraged. Offsets shall be at least 150 feet between right-of-way center lines.
(c)
Intersections shall be rounded at the curbline, with the street having the highest radius requirement, as shown in Table 4.6 in Appendix B, determining the standard for curblines.[10]
[10]
Editor's Note: For Table 4.6, see N.J.A.C. 5:21-4.19. Appendix B is included at the end of this chapter.
(d)
Intersections shall be designed with a flat grade wherever practical.
(e)
The minimum center-line radius, minimum tangent length between reverse curves, and curb radii shall be as shown in Table 4.6 in Appendix B.[11]
[11]
Editor's Note: For Table 4.6, see N.J.A.C. 5:21-4.19. Appendix B is included at the end of this chapter.
(f)
Sight triangles shall be in accordance with the American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, 1990, and based on the speed limits established by the government agency having jurisdiction. Sight triangle easements shall be required and shall include the area on each street corner that is bounded by the line which connects the sight or connecting points located on each of the right-of-way lines of the intersecting street. The planting of trees or other plantings or the location of structures exceeding 30 inches in height that would obstruct the clear sight across the area of the easements shall be prohibited, and a public right-of-entry shall be reserved for the purpose of removing any object, material or otherwise, that obstructs the clear sight.
(3)
Pavement design for residential access, neighborhood, rural, parking loop, minor collector, and major collector shall follow the specifications shown in Figures 4.2 and 4.3 in Appendix B. Subgrade categories are shown in Table 4.7 in Appendix B.[12]
[12]
Editor's Note: For Figures 4.2 and 4.3, see N.J.A.C. 5:21-4.19. Appendix B is included at the end of this chapter.
(4)
Alternative pavement design shall be allowed, provided it conforms with one of the following: AASHTO Method of Flexible Pavement Design, Caltrans Method of Flexible Pavement Design, Asphalt Institute Method, AASHTO Method of Rigid Pavement Design, Fatigue Strength Method Design, Multilayer Elastic Analysis, or the National Crushed Stone Association Design, incorporated herein by reference.
G.
Curves.
(1)
Vertical and horizontal curves shall be designed in accordance with AASHTO's A Policy on Geometric Design of Highways and Streets standards, 1990, incorporated herein by reference.
(2)
Sight easements on vertical and horizontal curves shall be required and determined based on the sight distance requirements contained in AASHTO's A Policy on Geometric Design of Highways and Streets standards, 1990, taking into consideration the speed limits established by the government agency having jurisdiction. Residential access, residential neighborhood, and rural street design should be based on a speed limit of 25 miles per hour. Minor and major collector street design should be based on a speed limit of 30 miles per hour.
§ 195-73 Bikeways.
A.
Separate bicycle paths and lanes shall be required only if such paths and lanes have been specified as part of a municipality's adopted Master Plan and/or Official Map.
B.
Bicycle lanes, where provided, shall be placed in the outside lane of a roadway, adjacent to the curb or shoulder. When on-street parking is permitted, the bicycle lane shall be between the parking lane and the outer lane of moving vehicles. Lanes shall be delineated with markings, preferably striping. Raised reflectors or curbs shall not be used.
C.
The construction of bikeways shall comply with the specifications set forth in N.J.A.C. 5:21-4.18 as follows:
(1)
The paved width of the bicycle path shall be established by the municipal Master Plan. Choice of surface materials, including bituminous mixed, concrete, compacted gravel, soil cement, stabilized earth, and wood planking, shall depend on use and users of the path. Gradients of bike paths should generally not exceed 5%.
(2)
Bicycle-safe drainage grates shall be used in the construction of all residential streets.
§ 195-74 Traffic signs; street signs; street names.
A.
Design and placement of traffic signs included in the Manual on Uniform Traffic Control Devices for Streets and Highways shall follow the requirements specified in the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the United States Department of Transportation and adopted by the New Jersey Department of Transportation.
B.
There shall be at least two street signs furnished at each four-way intersection and one street sign at each T-intersection. All signs shall be installed free of visual obstruction and shall show the name of both intersecting streets. The design of street name signs shall be consistent, of a style appropriate to the community, of a uniform size and color, and erected in accordance with local standards.
[Amended 1-18-2011 by Ord. No. 11-04]
C.
At signalized intersections, street signs shall be located on the overhead arm supporting the traffic signal, or otherwise suitably suspended over the intersection. Roadway clearance shall be a minimum of 15 feet from the bottom of the sign or supporting equipment to the top of the paved surface.
D.
Street names. No new street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets in Westwood, Hillsdale, River Vale, Emerson and Township of Washington. The continuation of an existing street shall have the same name. The names of new streets must be approved by the approving authority.
§ 195-75 Block patterns.
A.
Block length and width or acreage within adjacent roads shall be such as to accommodate the size of lot required in the area by this chapter and to provide for convenient access, circulation control and safety of street traffic.
B.
In blocks of 1,000 or more feet in length, pedestrian crosswalks may be required in locations deemed necessary by the approving authority. Such walkway shall be at least 10 feet wide in a right-of-way with a five-foot-wide improved pavement surface. Said walkway may also include other improvements, including streetlighting.
C.
Block sizes shall be sufficient to accommodate the proposed uses and to permit reasonable access, circulation, and fire-fighting and emergency services.
§ 195-76 Streetlighting.
A lighting plan prepared by a qualified individual shall be provided with major subdivision applications. Streetlighting standards of a type and number approved by the approving authority and Municipal Engineer shall be installed at street intersections and elsewhere as deemed necessary by the approving authority, with intersections involving collector and arterial streets receiving priority consideration for streetlights. The developer shall provide for the installation of underground service.
§ 195-77 Lots.
A.
Lot dimensions and areas shall not be less than the requirements of this chapter.
B.
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets and shall be straight so as to be the shortest line between the street and the rear line.
[Amended 5-18-2004 by Ord. No. 04-04]
C.
Each lot must front upon an approved and improved street with a right-of-way width of at least 50 feet in width, except as provided herein.
D.
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.
Where there is a question as to the suitability of a lot or lots for their intended use, due to such factors as rock formations, drainage conditions, watercourses, historic sites, flood conditions or similar circumstances, the approving agency may, after adequate investigation, withhold approval of such lots.
F.
Front yards shall be free of principal or accessory structures, storage, impervious areas or parking, except for lawful driveways, walkways, patios, steps and parking areas as specifically permitted herein (see § 195-162, Note 10, regarding driveways).
[Added 5-18-2004 by Ord. No. 04-04; amended 6-25-2013 by Ord. No. 13-15]
G.
A lot shall not be created or subdivided within the front yard area between the entire front facade adjacent to the front yard of a residential building and the common street lot line on which the properties front as determined herein. This provision shall not apply wherein a preexisting building will be removed as a result of the proposed subdivision.
[Added 5-18-2004 by Ord. No. 04-04; amended 6-25-2013 by Ord. No. 13-15]
§ 195-78 Easements; natural features; utilities.
A.
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourses. The size of such easements or rights-of-way shall be approved by the Borough Engineer.
B.
Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.
C.
Floodplain and conservation easements shall be indicated on the approved plan so that the boundaries of the easement are clearly shown.
D.
The removal of trees and ground cover shall be prohibited in a conservation easement or floodplain except for the following purposes: the removal of dead or diseased trees, limited thinning of trees and growth to encourage the most desirable growth; and the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds and lakes.
E.
The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines. Such easement dedication shall be expressed on the plan as follows: "(insert purpose of easement) easement granted to the Borough of Westwood as provided for in the Land Use and Development Regulations Ordinance of the Borough of Westwood."
F.
Whenever the internal grading of a lot is part of the design of the stormwater drainage system, as by swale, berm or other topographical feature designed to intercept or direct waters, the same shall be designated as an easement on the map to be filed, or shall be dedicated by recorded instrument, in such a way as to give notice to future owners of said property and to ensure continued maintenance of such drainage structure.
G.
Privately owned easements created after the adoption of this chapter shall not be used or improved without the approval of the approving authority. Application for such approval not connected with any subdivision or site plan shall be deemed a minor site plan subject to the provisions of this chapter.
H.
Where any easement exists or is proposed for a public right-of-way area, setback and other bulk requirements shall be measured or calculated from the boundary of the easement as if it were a fee simple conveyance.
I.
Where streams or ponds exist or are proposed, access may be required to draft water for Borough fire-fighting purposes.
§ 195-79 Water mains; culverts; storm and sanitary sewers.
A.
Nonresidential development. All installations of water mains, culverts and storm and sanitary sewers shall be connected with an approved system and shall be adequate to handle all present and probable future development.
B.
Residential development. All installations regarding water supply, sanitary sewers and stormwater management shall be in accordance with N.J.A.C. 5:21-5, N.J.A.C. 5:21-6 and N.J.A.C. 5:21-7, respectively.
C.
The Borough may require easements or rights-of-way of sufficient width along drainage and utility courses for vehicular access and maintenance needs.
§ 195-80 Public utilities.
A.
For all major subdivisions, the applicant shall arrange with the serving utility for the underground installation of all utility distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariffs, as the same are then on file with the State of New Jersey Board of Public Utility Commissioners, and shall submit to the approving authority, prior to the granting of final approval, a written instrument from each serving utility, which shall evidence full compliance with the provisions of this subsection; provided, however, that lots in such subdivisions which abut existing streets where overhead electric or telephone distribution supply lines have theretofore been installed on any portion of the street involved may be supplied with electric and telephone service from such overhead lines, but the service connections from the utility's overhead lines shall be installed underground. However, the applicant shall not be required to install electric distribution supply lines underground if the Borough of Westwood requires such lines to utilize a voltage of 26 kilovolts or greater and a resolution is passed declaring that such distribution lines would present exceptional operation and/or safety problems if installed underground. The location of access facilities for servicing the utility in the proposed subdivision shall be developed in conjunction with and as part of the complete subdivision plan.
B.
Whenever the utility is not installed in the public right-of-way, an appropriate utility easement not less than 20 feet in width shall be provided.
C.
The approving agencies of the Borough of Westwood may, in their discretion, waive the installation of the underground utilities where such installation will result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the applicant by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of the lands in such subdivision.
D.
Utility areas shall be planted with grass, ground cover, or treated with other suitable cover material.
§ 195-81 Soil erosion and sediment control.
A.
No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.
B.
All applications for subdivision shall be designed in accordance with the requirements of the Bergen County Soil Conservation District.
§ 195-82 Monuments. [1]
§ 195-83 Shade trees, planting strips and landscaping.
A.
Shade trees shall be provided in all major residential subdivisions and in minor subdivisions where deemed appropriate by the approving authority. Trees shall be planted within the subdivision along each side of the street at proper intervals and in types, sizes and locations conducive to healthy growth with graded and seeded or sodded planting strips within street rights-of-way and according to any standards adopted by the Governing Body or Borough Shade Tree Advisory Committee so as not to interfere with street paving, sidewalks or utilities.[1]
B.
All trees shall have a minimum diameter of 2 1/2 inches, measured six inches above the ground, and shall be of a species approved by the approving authority. Trees shall be planted 25 feet to 40 feet apart and parallel to, but no more than 20 feet from, the curbline. The species should be varied by neighborhood, and a minimum of two species should be utilized for environmental diversity where possible. A minimum of one shade tree shall be provided along the street frontage of each lot. The shade trees shall be balled and burlapped, nursery-grown, free from insects and disease and true species and variety in accordance with the American Association of Nurseryman Standards. Dead or dying trees, within the following two years from the date of installation, shall be replaced by the developer during the next recommended planting season. The following is a suggested list of trees:
Tall Trees | |||
Zelkova | |||
Ginkgo | |||
Oak | |||
Locust | |||
Linden | |||
Golden rain tree | |||
Medium to Smaller Height Trees | |||
Japanese tree lilac | |||
Capital or chanticleer pear | |||
Redbud | |||
Kousa dogwood | |||
Plum | |||
Serviceberry | |||
C.
Shade tree specifications:
(1)
Height/caliper. Trees shall be free of branches to a point not more or less than 60% of the overall height. Branching shall be in good balance with the trunk as the tree grows. Trees shall have a minimum caliper of two inches to 2 1/2 inches, measured six inches above ground level.
(2)
Identification/root system. The root system shall be in accordance with American Nursery standards, balled and burlapped.
(3)
Ball depths/planting hole. The ball depth shall be of a diameter and depth to encompass the fibrous and feeding root system for full recovery of the plant. The planting hole shall be as deep as the root mass and at least twice as wide. Burlap shall be loosened or the wire basket folded down. The root collar shall be at the same level as the surrounding area.
D.
Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the character of the area and to conform to adjacent lots.
E.
A landscape plan prepared by a certified landscape architect, certified by the New Jersey Board of Landscape Architects, or other qualified individual, shall be submitted with each major subdivision or site plan application. Landscaping shall be provided to promote a desirable visual environment, to screen parking and loading areas, to provide windbreaks for winter winds and summer cooling for buildings, streets and parking and to mitigate adverse visual impacts. The landscape plan shall provide the following information:
(1)
Existing wooded areas, rock outcroppings and existing and proposed water bodies;
(2)
Existing and proposed topography and location of all landscaped berms;
(3)
Location, species sizes and quantity of all proposed shade trees, ornamental trees, evergreen trees, shrubs and areas for lawns or any other ground cover;
(4)
A plant schedule indicating botanical name, common name, size at time of planting, quantity, spacing and any special remarks for all plant material proposed;
(5)
Planting and construction details and specifications.
F. REPLANTED TREE TREE
Definitions. As used in this section, the following terms shall have the meaning as set forth below:
[Added 7-20-2004 by Ord. No. 04-06; amended 5-17-2005 by Ord. No. 05-14]
Any deciduous or evergreen woody plant of the diameter caliper required in this section, planted for the purpose of replacing trees cut, removed or destroyed.
Any live, woody plant having a diameter or width greater than eight inches and/or circumference greater than 25 inches measured at the natural ground level. If a plant has multiple stems, then the aggregate of the stem diameters and/or the aggregate of the circumferences shall be used in determining whether the plant is a tree.
G.
Prohibited activities. No individual, corporation or association shall do, or cause to be done by others, either purposely, carelessly or negligently, any of the following acts upon privately owned property within the Borough of Westwood:
[Added 7-20-2004 by Ord. No. 04-06; amended 5-17-2005 by Ord. No. 05-14]
H.
Permitted activities. Notwithstanding the restrictions contained in the above subsection, the following activities shall be permitted:
[Added 7-20-2004 by Ord. No. 04-06; amended 5-17-2005 by Ord. No. 05-14]
(2)
The removal of trees in accordance with a site plan or subdivision plan approved by the Planning Board or Board of Adjustment or a plot plan submitted for a soil movement permit approved by the Planning Board, in conjunction with development or soil movement applications, so long as the approval includes a requirement that the applicant replace two trees, meeting the replacement tree standard in Subsection J, for each tree removed.
(3)
The cutting, trimming or maintenance of trees in a manner which is not harmful to the health of the tree.
(4)
The removal of trees which are diseased, dead, partially or completely fallen by acts of nature or which endanger public safety.
(5)
The removal of trees necessary to construct any structure for which a permit has been issued by the Construction Official, so long as the approval includes a requirement that the applicant replace at least 50% of the trees removed or contribute the sum of $500 to the Westwood Tree Trust Account for each tree that is not replaced up to the 50% requirement.
[Amended 9-20-2022 by Ord. No. 22-27]
(6)
Activities involving tree trimming or removal located within a public right-of-way or easements, or publicly owned or controlled property, so long as the Borough of Westwood is in responsible charge of the activities.
I.
Exceptions. The following exceptions shall apply:
[Added 7-20-2004 by Ord. No. 04-06; amended 5-17-2005 by Ord. No. 05-14]
(1)
The Planning Board or Board of Adjustment may waive the replacement planting requirements either in number, species or replacement size.
(2)
Upon application to the Planning Board, the granting of exceptions from the requirements of this section, as may be reasonable and within the purposes and intent of this section, if the literal enforcement of one or more provisions is impracticable or will exact due hardship because of peculiar conditions pertaining to the land in question. The form of application will be the same provisions as those of the site plan review provisions of this chapter.[3]
J.
Criteria for consideration of tree removal and replanting.
[Added 7-20-2004 by Ord. No. 04-06; amended 5-17-2005 by Ord. No. 05-14]
(1)
The Planning Board or Zoning Board may consult with the Westwood Shade Tree Advisory Committee, the Department of Public Works, the Borough Engineer or any professional as provided in the Municipal Land Use Law[4] for guidance in considering land use, development, soil movement or exception applications.[5]
(2)
Replanted trees shall be at least two inches in diameter (caliper), measured at breast or chest height, and must be nursery stock, balled in burlap and staked upon planting per Borough standards provided by the Borough Engineer.
(3)
The location of replanted trees shall be determined by the following schedule of preference when at all possible:
(a)
In the location where the trees are removed.
(b)
Within the building lot containing the removed trees.
(c)
Within the development site approved by the Planning Board or within the public right-of-way fronting or bounding the site.
(d)
Elsewhere in the Borough within public property, but as near as possible to the building lot where the trees are removed.
K.
Enforcement. The Construction Official, or his designee, is designated as the enforcing agent for this section. Upon review of as-built plans or site inspection of any development application or soil movement activity, the Borough Engineer shall inform the Construction Official, or his designee, of any trees removed in excess of those called for removal in the Planning Board's approval.
L.
Penalty; replacement schedule.
[Added 7-20-2004 by Ord. No. 04-06; amended 5-17-2005 by Ord. No. 05-14]
(1)
Any individual, corporation or association violating any provision of this section shall, upon conviction thereof, be punishable by a fine not exceeding $1,000 per offense. The cutting, destruction or removal of each tree shall constitute a separate offense.
(2)
If trees are cut, destroyed or removed, for any reason, in conjunction with any land use, development or soil movement activity in excess of the specified number of trees which were approved for removal by the Planning Board or Zoning Board, restitution shall be made by the applicant in accordance with the following schedule:
Diameter of Tree Removed (inches) | Number of Two-Inch-Caliper Trees To Be Provided |
|---|---|
8 to 15 | 6 |
16 to 24 | 10 |
25 to 36 | 15 |
37 and over | 20 |
(3)
In lieu of physically replacing a tree, an applicant may be permitted to contribute the sum of $500 for each tree the applicant is obliged to plan in replacement for a removed tree to the Westwood Tree Trust Account.
[Added 9-20-2022 by Ord. No. 22-27]
M.
Westwood Tree Trust Account.
[Added 9-20-2022 by Ord. No. 22-27]
(1)
There is hereby created within the Borough of Westwood a Westwood Tree Trust Account, which shall be set aside and be available for the acquisition, planting and maintenance of municipal trees planted in the right-of-way.
(2)
The Westwood Tree Trust Account shall be overseen and managed by the Borough Administrator, CFO, and DPW Superintendent, taking into consideration recommendations by the Shade Tree Advisory Committee.
(3)
The Westwood Tree Trust Account shall be established and funded from monies to be paid by applicants as required by either the Construction Official, Planning Board or Zoning Board of Adjustment of the Borough of Westwood in lieu of physically replacing trees that have been removed, up to 50% of the trees removed, at the amount of $500 per tree.
§ 195-84 Environmental impact report.
A.
At the Board's discretion, an environmental impact report may be required to accompany preliminary subdivisions.
B.
The environmental impact report shall comply with the following unless, as a result of data submitted prior to the preliminary plat, the approving authority shall have waived or modified certain portions of these requirements:
(1)
A description of the development specifying what is to be done during construction and operation, how it is to be done, and practical alternate plans to achieve the objective(s), all with the intent of minimizing environmental impacts.
(2)
An inventory of the following on-site environmental conditions and an assessment of the probable impact of the development upon them: water supply; water quality; air quality; geology; soils; rock and properties thereof, including erosion capabilities and limitations; floodplain protection; sewage disposal; topography, including slopes in excess of 15%; vegetation protection; wetlands; noise characteristics and levels; land use; site aesthetics; and historic landmarks. Air and water quality shall be described with reference to the standards of the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to Soil Conservation Service categories and characteristics as they relate to such things as erosion, sewage capability, floodplains and the seasonal high water table.
(3)
A list and the status of the approvals needed from federal, state or county agencies, including comments of these governmental agencies.
(4)
An evaluation of any adverse environmental impacts which cannot be avoided, including air and water pollution, noise, sedimentation and siltation, increase in Borough services or capital needs and consequences to the Borough tax structure.
(5)
A description of steps to be taken to avoid or minimize adverse environmental impacts during construction and operation, including shipping, receiving, storage and the methods of handling the identified quantities of chemical, corrosive, toxic and hazardous materials anticipated in all aspects of the operation, as well as attaching appropriate maps, schedules and other explanatory data.
C.
Notwithstanding the foregoing, the approving authority may waive all or part of an environmental impact report if sufficient evidence is submitted to support a conclusion that the development will have a slight or negligible environmental impact or that the complete report need not be prepared to evaluate the environmental impact of the development.
§ 195-85 Conformance to standards; character of land.
A.
All developments shall conform to design standards encouraging sound development patterns within the Borough. Where an Official Map or Master Plan has been adopted, the development shall conform to same.
B.
Character of land. Lands identified in the Master Plan as critical areas or having severe or moderate soil characteristics, particularly as the lands relate to flooding, improper drainage, shallow depth to water table, steep slopes, rock formations, utility easements or similar features, shall not be used as buildable areas unless adequate and acceptable methods meeting the regulations of this chapter, and all other regulations, are incorporated.
§ 195-86 Existing permits, approvals and variances.
Nothing in this chapter shall require any changes in a building permit, site plan or zoning variance which was approved before the enactment of this chapter, provided that construction shall have been started within one year from the effective date of this chapter, and the project shall be continuously pursued to completion. Otherwise, said approvals and permits shall be void.
§ 195-87 Off-street loading.
A.
Loading spaces shall be required for all buildings occupied by a nonresidential use and for any residential development containing 30 or more dwelling units and for large-scale public and quasi-public uses, in accordance with the requirements of Table 7 below.
B.
Each such loading space shall not be less than 12 feet in width and 35 feet or more in length, depending upon the functions to be performed. The overall floor-to-ceiling height or clear height distance shall not be less than 14 feet, which may be increased where required.
Table 7 Off-Street Loading Requirements | |||
|---|---|---|---|
Land Use** | Floor Area at Which First Berth Is Required (square feet) | Floor Area at Which Second Berth Is Required* (square feet) | |
Industrial, manufacturing | 5,000 | 40,000 | |
Laboratory, research or commercial | 5,000 | 40,000 | |
Retail | 5,000 | 20,000 | |
Service establishments | 5,000 | 40,000 | |
Commercial recreation | 5,000 | 100,000 | |
Restaurant | 2,000 | 25,000 | |
Office buildings | 5,000 | 100,000 | |
Funeral home | 10,000 | 100,000 | |
Residential apartment building, including senior housing complexes | 10,000 | 100,000 | |
Institutional, public schools | 10,000 | 100,000 | |
Hospitals, nursing homes, congregate care facilities | 10,000 | 100,000 | |
Auditoriums, arenas | 10,000 | 100,000 | |
NOTES: | ||
|---|---|---|
* | An additional berth shall be required for each additional amount of square feet as indicated and as required between the need for one- and two-berth intervals. | |
** | In the case of a multiple-use building, the amount of off-street loading required shall be equal to the sum of the parts, unless same can be demonstrated to be in excess, and shall be subject to determination by the approving authority. | |
C.
Except for required buffer areas, each such loading space may occupy any required side or rear yard but shall not be located in any required front yard. When adjoining a residential use, institutional use or place of general assembly, a suitably screened or landscaped buffer shall be provided.
D.
Off-street loading spaces shall not be located within any fire prevention zone, within 25 feet of any fire hydrant or within 10 feet of any stairway, doorway, elevator or other general means of entry to and from a building for the general public, nor shall it block, or in any way interfere, with the free flow of pedestrians from any means of ingress or egress, nor shall it interfere with the free flow of pedestrians or vehicles. All such loading spaces shall be appropriately indicated by a sign or other visual communication as to said location.
E.
All loading and unloading shall be conducted entirely within the boundaries of the lot concerned, and no vehicle or conveyance shall, in any manner, use public streets, sidewalks or rights-of-way for loading or unloading operations other than ingress or egress to the lot.
§ 195-88 Curbs.
A.
Curbs for nonresidential and mixed-use developments. Unless waived by the approving authority, concrete or granite (Belgian) block curbs shall be installed along all streets according to the following standards:
(1)
Construction of all curbs shall conform to NJDOT Standards and Specifications for Road and Bridge Construction, 1989, Section 605, and supplements thereto, and shall meet the Borough Engineer's approval. All concrete to be used shall be Class B, as specified in NJDOT Standards and Specifications, and supplements thereto.
(2)
Granite curbs shall have a ten-inch to twelve-inch vertical height.
(3)
Curbs shall be set in a Class B concrete base, at least four inches thick, in front and rear of the granite block and at least six inches thick below the block. The combined block and concrete base shall have a minimum vertical dimension of 18 inches.
(4)
Curbs shall have a six-inch exposed vertical face above the finished pavement surface.
(5)
Joints shall measure 3/8 inch to 1/2 inch in width.
(6)
The curb height at all driveway openings shall be lowered to a point two inches above the finished pavement.
(7)
The curbing shall be designed to provide barrier-free curb ramps, constructed in accordance with the Design Standards for Curb Ramps for the Physically Handicapped of the New Jersey Department of Transportation.
B.
Curbs for residential developments.
(1)
Curb requirements shall vary according to street hierarchy and intensity of development, in accordance with the requirements set forth in Appendix B (N.J.A.C. 5:21-4.2).[1] Generally, curbs shall be required on streets with on-street parking.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
(2)
Where curbing is not required, edge definition and stabilization shall be furnished for safety reasons and to prevent pavement unraveling. Curbing may be required for stormwater management, road stabilization, delineation of parking areas, 10 feet on each side of drainage inlets, intersections, corners, and tight radii.
(3)
Curb requirements may be waived by the appropriate municipal approving agency, and shoulders and/or drainage swales used, when it can be shown that soil and/or topography make the use of shoulders and/or drainage swales preferable, and/or the community desires to preserve its rural character by using shoulders and/or drainage swales instead of curbs. In cases of medium development intensity, the curbing requirement may be waived where front setbacks exceed 40 feet, and it can be demonstrated that sufficient on-site parking exists.
(4)
Curbs shall be constructed according to the specifications set forth in N.J.A.C. 5:21-4.17.
(5)
Curbing shall be designed to provide a curb ramp in compliance with the Americans with Disabilities Act or the Barrier Free Subcode of the New Jersey Uniform Construction Code (N.J.A.C. 5:23-7) at street intersections, as applicable.
§ 195-89 Shoulders.
A.
Shoulders and/or drainage swales should be used instead of curbs in residential developments when soil and/or topography make the use of shoulders and/or drainage swales preferable and/or to preserve community character.
B.
Shoulders shall be provided in accordance with the requirements in Table 4.3 in Appendix B.[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
C.
Shoulders shall be four feet wide, except for minor collector streets of high intensity with off-street parking, and major collector streets of medium and high intensity shall be six feet and eight feet wide, respectively, on each side for all streets and located within the right-of-way as shown in the street illustrations in Appendix B.[2]
[2]
Editor's Note: Appendix B is included at the end of this chapter.
D.
Shoulders shall be constructed of materials such as stabilized earth, gravel, crushed stone, bituminous treatment, or other forms of pavement which provide for vehicle load support.
§ 195-90 Sidewalks.
A.
Nonresidential development. Sidewalks shall be installed in locations determined by the approving authority to be in the interest of public safety considering the probable volume of pedestrian traffic, the adjoining street classification, school bus stops, the development's location in relation to other populated areas and the general type of improvement intended. Where required, sidewalks should be at least four feet wide and located as approved by the approving authority. Sidewalks shall be placed upon a compacted subgrade, overlaid with at least four inches of porous material, such as sand or gravel. Concrete sidewalks shall be at least four inches thick, except at points of vehicular crossing, where they shall be at least six inches thick, of Class B concrete having a twenty-eight-day compressive strength of 4,000 pounds per square inch and shall be air-entrained. Blacktop or sidewalks of other approved materials shall be constructed as approved by the approving authority upon the advice of the Borough Engineer. Where sidewalks cross curbs, curb ramps shall be provided as outlined in § 195-88, Curbs. Preformed expansion joint material shall be placed at twenty-foot maximum intervals where sidewalks abut curbing or a structure.
B.
Residential development.
(1)
Sidewalks and/or graded areas shall be required, depending on the road classification and intensity of development, in accordance with the requirements set forth in Table 4.3 in Appendix B.[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
(2)
Sidewalks shall be provided where graded areas are specified in Table 4.3 when the following conditions exist:
(a)
The net density of the development project exceeds one dwelling unit per acre, and the development or project is located within 2,500 feet of a train station or a public or school bus route, the development or project is located within 2,500 feet of an existing recreational, business or retail use, or a site where such use is permitted by existing zoning, or where the proposed streets connect to or extend existing streets which have sidewalks on both sides; or
(b)
The net density of the development exceeds 0.5 dwelling unit per acre, and the development is located within two miles of a school.
(3)
Notwithstanding Subsection B(2) above, sidewalks shall only be required on one side of rural streets or rural lanes and shall not be required in alleys.
(4)
Sidewalks shall be placed parallel to the street, as shown in the street profile figures, unless an exception has been permitted to preserve topographical or natural features, or if required to provide visual interest, or unless the applicant shows that an alternative pedestrian system provides safe and convenient circulation (e.g., in planned developments).
(5)
Pedestrianway easements at least 10 feet wide may be required by the municipal approving authority through the center of blocks more than 600 feet long. In providing circulation or access to schools, playgrounds, shopping, adjoining residential areas, or other community facilities, the municipality shall consider and may require pedestrianway easements.
(6)
Sidewalk width shall be four feet; wider widths may be necessary near pedestrian generators and employment centers. Where sidewalks abut the curb and cars overhang the sidewalk, widths shall be six feet. In high-density residential areas, when sidewalks abut the curb, a sidewalk/graded area of at least six feet in width shall be required.
(7)
Sidewalks and graded areas shall be constructed according to the specifications set forth in N.J.A.C. 5:21-4.18, as follows:
(a)
Sidewalks of concrete shall be four inches thick except at points of vehicular crossing, where they shall be at least six inches thick. At vehicular crossings, concrete sidewalks shall be reinforced with welded wire fabric mesh or an equivalent.
(b)
Concrete air-entrained sidewalks shall be Class C concrete, having a twenty-eight-day verification strength of 4,000 psi. Other 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 and cross slope shall correspond to that of sidewalks.
§ 195-91 Easements.
A.
Easements shall be along side and/or rear property lines where possible and shall not be less than 20 feet wide.
B.
All easements shall be dimensioned on the plat and shall be identified as follows: "(insert purpose of easement) easement granted to the Borough of Westwood as provided for in the Land Use and Development Regulations Ordinance of the Borough of Westwood."
§ 195-92 Environmental impact report.
A.
At the Board's discretion, an environmental impact report may be required to accompany preliminary site plans.
B.
The environmental impact report shall comply with the following unless, as a result of data submitted prior to the preliminary plat, the approving authority shall have waived or modified certain portions of these requirements:
(1)
A description of the development specifying what is to be done during construction and operation, how it is to be done, and practical alternate plans to achieve the objective(s), all with the intent of minimizing environmental impacts.
(2)
An inventory of the following on-site environmental conditions and an assessment of the probable impact of the development upon them: water supply; water quality; air quality; geology; soils; rock and properties thereof, including erosion capabilities and limitations; floodplain protection; sewage disposal; topography, including slopes in excess of 15%; vegetation protection; wetlands; noise characteristics and levels; land use; site aesthetics; and historic landmarks. Air and water quality shall be described with reference to the standards of the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to Soil Conservation Service categories and characteristics as they relate to such things as erosion, sewage capability, floodplains and the seasonal high water table.
(3)
A list and the status of the approvals needed from federal, state or county agencies, including comments of these governmental agencies.
(4)
An evaluation of any adverse environmental impacts which cannot be avoided, including air and water pollution, noise, sedimentation and siltation, increase in Borough services or capital needs and consequences to the Borough tax structure.
(5)
A description of steps to be taken to avoid or minimize adverse environmental impacts during construction and operation, including shipping, receiving, storage and the methods of handling the identified quantities of chemical, corrosive, toxic and hazardous materials anticipated in all aspects of the operation, as well as attaching appropriate maps, schedules and other explanatory data.
C.
Notwithstanding the foregoing, the approving authority may waive all or part of an environmental impact report if sufficient evidence is submitted to support a conclusion that the development will have a slight or negligible environmental impact or that the complete report need not be prepared to evaluate the environmental impact of the development.
§ 195-93 Fire protection.
A.
Wherever a central water supply system exists, provision shall be made for fire hydrants along streets and/or on the walls of nonresidential buildings as approved by the servicing Fire Department or Municipal Engineer and in accordance with the Insurance Services Offices of New Jersey. The midpoint of all lots served by a central water supply shall be within 500 feet of a functioning fire hydrant. Hydrants shall have fire hose threads conforming to the fire company equipment, with no less than two two-and-five-tenths-inch pumper nozzles. Hydrants shall be set plumb with nozzles 18 inches above grade. The system shall be pressure-tested to assure its capability of sustaining the required pressure at each hydrant.
B.
Where streams or ponds exist on the site, or are proposed, and there is no central water supply, easements and facilities shall be provided to draft water for fire-fighting purposes, including access suitable for fire-fighting equipment, designed and constructed in accordance with the Insurance Services Office of New Jersey.
§ 195-94 Floodplain regulations.
A.
Floodplains shall be preserved and not be built upon. Where a property containing a floodplain is proposed for development or other improvements, no proposed structures shall be located within the one-hundred-year floodplain. The uses permitted in the one-hundred-year floodplain shall be limited to general farming, overflow parking or areas serving the peak parking and loading demands, lawns and yard space, gardens, detention basins, ponds and open space/recreation areas not requiring structures. No septic systems shall be located in the one-hundred-year floodplain. The one-hundred-year floodplain shall be at least as designated on the streams identified on the Floodway Maps prepared by the National Flood Insurance Program, or such broader areas on those streams as might result from an on-site evaluation. On streams not identified by the National Flood Insurance Program, the one-hundred-year floodplain shall be as delineated by a developer's engineer and approved by the Borough Engineer.
B.
The purposes shall be to:
(1)
Prevent the encroachment of development into flood hazard areas in order to protect human life and health;
(2)
Implement the rules and regulations of the New Jersey Department of Environmental Protection;
(3)
Guide construction, regrading and other encroachments that might otherwise occur in flood hazard areas to other locations outside flood hazard areas through cluster zoning, transfer of development credits, and other planned developments;
(4)
Prevent pollution during low- or high-water periods by eliminating unsanitary or dangerous substances in flood hazard areas;
(5)
Minimize public expenditures for flood-control projects, repairs to public facilities and utility services and rescue and relief efforts; and
(6)
Minimize disruption in homes, businesses and places of employment.
§ 195-95 Lighting.
A.
A lighting plan prepared by a qualified individual shall be provided with site plan applications. The intensity, shielding, direction and reflecting of lighting shall be subject to site plan approval by the approving authority.
B.
All parking areas, walkways, building entrances, loading areas and driveways required for nonresidential or multifamily uses shall be adequately illuminated during the hours of operation which occur after sunset. Any adjacent residential zone or use shall be shielded from the glare of illumination from site lighting and automobile headlights.
C.
The light intensity at ground level shall average 0.5 footcandles. However, variations are permitted depending upon the intensity of the use. The light intensity shall not exceed 0.3 footcandles along any property line and shall be so arranged and shielded to reflect the light away from adjoining streets or properties.
D.
The lighting plan shall indicate the proposed light intensity (including existing fixtures to remain) at ground level where 0.5 footcandles occur. Manufacturer's lighting detail and specifications, including footcandle distributions, shall be provided. All lights shall be concealed-source nonglare lighting and shall be focused downward so that the direct source of light is not visible from adjoining streets or properties. The minimum footcandle in the areas used by the public shall be 0.5. The maximum footcandle is 1.0.
E.
The mounting height of lighting fixtures shall be not more than 20 feet or the height of the building, whichever is less, measured from the ground level to the center line of the light source.
F.
Shade trees shall be planted a minimum of 10 feet from any freestanding light fixture.
G.
No lighting source shall be visible from windows, streets and driveways, nor shall lighting shine directly into or reflect into windows or onto streets and driveways to interfere with driver vision.
H.
No lighting shall be of a rotating, pulsating or other intermittent frequency.
§ 195-96 Natural features.
Natural features, such as trees, brooks, swamps, hilltops and views, shall be preserved whenever possible. On individual lots, care shall be taken to preserve selected trees to enhance soil stability and the landscape treatment of the area.
§ 195-97 Off-site and off-tract improvements.
A.
Before final approval, the approving authority may require the payment of the developer's pro rata share of the following off-site and off-tract improvements: street improvements, water system, sewerage, drainage facilities and easements therefor.
B.
Essential off-site and off-tract improvements may be required to be installed, or a performance guaranty furnished in lieu thereof, with the total cost borne by the developer.
(1)
Where a development has no direct access to an improved street or public or private central water supply or central sanitary sewer and does not qualify for individual sewage disposal systems, the approving authority may nevertheless grant final approval if the developer shall acquire and improve such street between the development and an existing improved street and, in the case of water/sewer system(s), if the developer shall acquire and improve such water and sanitary sewer connections between the development and existing facilities as approved by the approving authority, Governing Body and serving utility company.
(2)
Where drainage waters are diverted from the development into other drainage systems or onto other lands or streets, and they are not adequate to accommodate the additional waters, the approving authority may grant final approval if the developer shall acquire, improve and dedicate to the Borough such enlarged, additional or new drainage facilities as approved by the approving authority and Governing Body.
(3)
Such off-site and off-tract improvements shall be subject to the design standards of this chapter. In lieu of the developer's performance of such off-site and off-tract work, the developer may request and the Governing Body may enter into an agreement for such work to be performed by the Borough or its contractors at the cost of the developer.
(4)
Where the approving authority determines that off-site and off-tract improvements are essential to the development, and the developer does not consent to the improvements, the application shall be denied without prejudice to a future application at such time as the conditions no longer apply.
C.
Advisable off-site and off-tract improvements. Where the approving authority determines that off-site and off-tract improvements would be advisable, although not essential, and the improvements would promote the objectives of this chapter and can be most appropriately accomplished in connection with the development, and particularly where the off-site and off-tract improvements would be required to be made as a local improvement by the Borough, with the costs thereof to be assessed against all properties specially benefited thereby, including the property of the developer, the following provisions shall apply:
(1)
During the processing of the application, the approving authority shall refer its recommendations for off-site and off-tract improvements to the Governing Body.
(2)
If the Governing Body concurs, the Municipal Engineer or other authority retained by the Borough shall determine the nature of the off-site and off-tract improvements, including:
(3)
The Municipal Engineer or other authority shall estimate and report the costs of such work, including all costs to be in any local improvement ordinance and those to be assessed to the developer, and including costs for construction, engineering, any easement or right-of-way acquisition, legal work, advertising, contingencies, bonding and assessments.
(4)
Based upon the above report and the recommendations of the approving authority, the Governing Body shall determine whether to undertake such off-site and off-tract improvements as a local improvement.
(5)
If the Governing Body will not adopt such ordinance, the final development shall be designed accordingly, and the approving authority shall proceed on that basis.
(6)
If the determination shall be to adopt such local improvement ordinance, the Governing Body shall proceed in the following manner:
(a)
If sufficient funds are available for the initial appropriation, the Governing Body may appropriate such funds and adopt such ordinance. All subsequent proceedings for the making and assessment of the cost of the off-site and off-tract improvements shall be in accordance with such ordinance.
(b)
If sufficient funds are not available for the initial appropriation, the Governing Body may determine the anticipated amount that the lands of the applicant would be expected to be assessed.
[1]
The amount determined by the Governing Body shall then be deposited by the applicant with the Borough Treasurer prior to final approval and prior to introduction of such local improvement ordinance.
[2]
Such deposit shall be made concurrent with an agreement between the applicant and the Borough concerning the uses of the deposit, which shall include the following stipulations: that said funds shall be used by the Borough solely for the construction of such off-site and off-tract improvements as specified in said agreement and for the other expenses incidental thereto and the acquisition of any easements or rights-of-way in connection therewith; that such deposit may be appropriated by the Borough, with other funds of the Borough, toward the accomplishment of such purposes and may be commingled with other appropriated funds and expended by the Borough in connection with such purposes; that if such deposit is not used by the Borough within a specified time agreed upon by the applicant, said funds shall be returned to the applicant; that, upon completion of the work by the Borough or its contractors, the properties specially benefited by such improvements shall be assessed as provided by law, including the property of applicant; and that the applicant's deposit shall be credited against the assessment made upon the applicant's property, whether or not the applicant is then the owner thereof, and if such deposit was less than the amount ultimately assessed against such property, then the owner(s) of said property shall pay the difference between the deposit and the amount assessed, and the excess shall be refunded to the applicant without interest.
[3]
Where said off-site and off-tract improvements are found by the approving authority to be advisable and important to the sound development of the site, although the off-site and off-tract improvements may not be found to be the type of essential off-site and off-tract improvements as defined above, but the developer is unwilling to make such deposit as specified above, then there shall be no final approval until funds become available for the initial appropriation required to adopt the local improvement ordinance.
(7)
The determination of the Governing Body whether or not to proceed toward the adoption of a local improvement ordinance shall be made within 30 days after the referral by the approving authority unless such time shall be extended with the consent of the applicant. If the determination is not made within the designated period, the approving authority may proceed as if the Governing Body had determined that it would not adopt such local improvement ordinance.
§ 195-98 Public utilities.
All public services shall be connected to approved public utilities systems where they exist. Utilities shall be located within the right-of-way on both sides of and parallel to the cartway or within utility easements outside the right-of-way.
A.
The distribution supply lines and service connections shall be installed underground, except that lots which abut streets with existing overhead electric or telephone distribution supply lines and service connections may be supplied with electric and telephone service from those overhead lines, but the service connections shall be installed underground. In the case of existing overhead utilities, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement, relocation or extension of such utilities, such replacement, relocation or extension shall be underground.
B.
The developer shall submit to the approving authority, prior to final approval, a written instrument from each serving utility indicating full compliance or intended full compliance with the provisions of this section.
C.
Utility areas shall be planted with grass, ground cover, or treated with other suitable cover material. Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient live screening to conceal such apparatus year round.
D.
On any lot where soil conditions, rock formations, woods or other special conditions exist and the developer deems it a hardship to comply with the provisions of this section, the developer may apply to the approving authority for an exception from the terms of this section. Where overhead lines are permitted as the exception, the alignments and pole locations shall be routed to avoid locations along horizons and to avoid the clearing of swaths through treed areas by selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the views of the poles and alignments, by following rear lot lines and other interior locations and similar design and location considerations to lessen the visual impact of overhead.
§ 195-99 Shade trees, planting strips and landscaping.
A.
All portions of the property not utilized by buildings or paved surfaces shall be landscaped. The proposed landscaping should consider the use of the following: shade trees, ornamental trees, evergreen trees, shrubbery, perennials, annuals, ground cover, lawn areas, fencing, trellises, gravel and rock arrangements. The landscape plan should consider the planting of plant material native to the area in order to maintain or reestablish the vegetation in the area and lessen the visual impact of the structures and paved areas and improve infiltration of stormwater. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and siltation as outlined under the soil erosion and sediment control regulations (§ 195-101) and the floodplain regulations (§ 195-94), as well as to assure that the capacity of any natural or man-made drainage system is sufficient to handle the water from the site and contributing upstream areas.
B.
All trees shall have a minimum diameter of 2 1/2 inches, measured six inches above the ground, and shall be of a species approved by the approving authority. Trees shall be planted 25 feet to 40 feet apart and parallel to, but no more than 20 feet from, the curbline. A minimum of two shade trees shall be provided along the frontage of each lot. The shade trees shall be balled and burlapped, nursery-grown, free from insects and disease and true species and variety in accordance with the American Association of Nurseryman Standards. Dead or dying trees, within the preceding two years from the date of installation, shall be replaced by the developer during the next recommended planting season. Parking lots shall be planted as required in Article XX, Off-Street Parking Requirements, of this chapter.[1]
C.
Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the character of the area and to conform to adjacent lots.
D.
A landscape plan prepared by a certified landscape architect, certified by the New Jersey Board of Landscape Architects, or other qualified individual, shall be submitted with each major site plan application. Landscaping shall be provided to promote a desirable visual environment, to screen parking and loading areas, to provide windbreaks for winter winds and summer cooling for buildings, streets and parking and to mitigate adverse visual impacts. The landscape plan shall provide the following information:
(1)
Existing wooded areas, rock outcroppings and existing and proposed water bodies;
(2)
Existing and proposed topography and location of all landscaped berms;
(3)
Location, species sizes and quantity of all proposed shade trees, ornamental trees, evergreen trees, shrubs and areas for lawns or any other ground cover;
(4)
A plant schedule indicating botanical name, common name, size at time of planting, quantity, spacing and any special remarks for all plant material proposed;
(5)
Planting and construction details and specifications.
§ 195-100 Sight triangles.
Sight triangles shall be required at each quadrant of an intersection of streets, and streets and driveways. The area within sight triangles shall be either dedicated as part of the street right-of-way or maintained as part of a lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle, no grading, planting or structure shall be erected or maintained more than 24 inches above the center-line grade of either intersecting street or driveway or lower than 10 feet above their center lines, excluding street name signs and official traffic regulation signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the developer shall trim and grade to provide the sight triangle. The sight triangle is that area outside the right-of-way bounded by the intersecting street lines and a straight line which connects sight points located on each of the two intersecting street center lines: arterial streets at 300 feet, collector streets at 200 feet and local streets at 90 feet. Where the intersecting streets are both arterial and one collector, two overlapping sight triangles shall be required, formed by connecting the sight points noted above with a sight point 90 feet on the intersecting street. Any development requiring site plan approval shall provide sight triangles at each driveway, with the driveway classified as a local street for purposes of establishing distances. The classifications of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the approving authority where a new street is not included on the Master Plan. A sight triangle easement shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Westwood Land Use and Development Regulations Ordinance." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and minimum setbacks required by the zoning provisions.
§ 195-101 Soil erosion and sediment control.
A.
No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.
B.
All applications for site plan approval shall be designed in accordance with the requirements of the Bergen County Soil Conservation District.
C.
Any application proposing disturbance of more than 5,000 square feet of surface area of land as defined in the Soil Erosion and Sediment Control Act (P.L. 1975, c. 251)[1] shall include on its plans the following:
(1)
The means to control or prevent erosion, provide for sediment control basin(s) for soil that does not erode due to water, and control drainage, dust and mud on the premises as well as abutting lands;
(2)
The preservation of soil fertility and the resulting ability of the area affected to support plant and tree growth by maintenance of necessary lateral support and grades of abutting lands, structures and other locations;
(3)
The prevention of pits and declivities which are hazardous or which provide insect breeding locations;
(4)
That the physical limitations and characteristics of the soil shall not be altered to prevent the use to which the land may lawfully be put; and
(5)
Such other factors as may reasonably bear upon or relate to the public health, safety and general welfare.
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
§ 195-102 Stormwater runoff. [1]
A. CHANNEL CONSERVATION EASEMENT DRAINAGEWAY ENVIRONMENTALLY CRITICAL AREA LAND DISTURBANCE NATURAL DRAINAGE FLOW NONPOINT RUNOFF SURFACE WATER SURFACE WATER MANAGEMENT PLAN SURFACE WATER RUNOFF SURFACE WATER RUNOFF DAMAGE TEN-, TWENTY-FIVE-, OR ONE-HUNDRED-YEAR STORM WATERCOURSE WATERSHED
As used in this section, the following terms shall have the meanings indicated:
A watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.
An agreement or covenant running with the land which prohibits all land or vegetation disturbance in favor of a permanent dedication to natural open space, such agreement to be entered into between the applicant and the municipality.
Any watercourse, trench, ditch, depression or other hollow space in the ground, either natural or artificial, which collects or disperses surface water from land.
Any area which should not be disturbed by uses incompatible with the paramount public interest in the prevention of surface water runoff and attendant environmental damage. Examples of environmentally critical impact areas include but are not limited to lakes, ponds, floodplains and flood hazard areas, designated stream corridors, steep slopes, highly erodible soils, wetlands, swamps, marshes, bogs, aquifer recharge and discharge areas and heavily wooded areas.
Any activity involving the clearing, grading, transporting or filling of land, and any other activity other than gardening which alters land, topography or vegetative cover, having a material impact on surface water drainage or runoff.
The topographical pattern or system of drainage of surface water runoff from a particular site, including the various drainageways and watercourses which carry surface waters only during periods of heavy rains, storms or floods.
Surface water entering a channel from no definable discharge source.
All water produced by rain, flood drainage, springs and seeps flowing over the land or contained within a natural or artificial watercourse.
A plan consistent with the purposes and policies of this section which fully indicates necessary land treatment measures and techniques, including a schedule for implementation and maintenance.
The dispersion or drainage of surface water by natural or artificial means; any overland flow of water across the ground surface to the nearest conduit.
All damage or harm to property values, land, vegetation and water supplies, including but not limited to flooding, soil erosion, siltation and other pollution of watercourses and diminished recharge of groundwater supply, which damage results or is likely to result when the dispersion of surface water typical of the land in a meadow of good hydroponic condition is increased in rate, velocity or quantity.
The most intense probable precipitation to occur in a given region in a twenty-four-hour period, with a frequency of once in 10, 25, or 100 years.
Rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs, and all other bodies of water, natural or artificial, public or private, other than swimming pools, which are contained within, flow through or border on the Borough of Westwood.
An area of surface water runoff related to a point of concentration (such as the topographically determined confluence with another body of water or a man-made culvert, etc.).
B.
Submission of plan required.
(1)
No person shall engage in any land disturbance activity on any property within the Borough without having submitted a surface water runoff management plan, together with erosion and sediment control plans, to the Planning Board and obtaining approval of such plan or written waiver of necessity from the Planning Board.
(2)
A surface water management plan shall be approved by the Planning Board prior to or as a part of site plan approval, conditional use, zoning variance, issuance of building permit, preliminary subdivision approval or any other land disturbance activity, as the case may be.
C.
Exemption. Site plans for development where the vegetative cover of the land will not be disturbed are exempt from the provisions of this section.
D.
Waiver. The Planning Board may waive, pursuant to a resolution adopted at a public meeting, the need for a surface water management plan for applications involving lots of three acres or less upon written recommendation of the Borough Engineer, certifying that there is no appreciable increase anticipated in rate or velocity of runoff based on the plans submitted.
E.
Approval authority; amendments and enforcement of plan.
(1)
Planning Board approval.
(a)
The surface water management plan or any major amendment thereof shall be approved by the Planning Board in the manner and form and according to the regulations hereafter set forth.
(b)
The Planning Board, in approving said surface water management plan, may impose lawful conditions or requirements designated or specified on or in connection therewith. These conditions and requirements shall be provided and maintained as a condition to the establishment, maintenance and continuance of any use or occupancy of any structure or land.
(2)
Minor amendments. Minor amendments to a surface water management plan may be approved by the Borough Engineer, who shall notify the Planning Board of the nature and reason for the change.
(3)
Enforcement. If at any time the Borough Engineer finds existing conditions not as stated on the applicant's approved plan, the Planning Board or its designated agent shall order cessation of any work and seek to enjoin the violation or take such steps looking to the enforcement of the plan as may be lawful.
F.
General standards in preparing plan.
(1)
The amount of runoff generated from the site following completion of the development shall not exceed that which was generated from the site prior to said proposed improvement and/or development. Acceptable engineering practices shall be utilized in determining runoff.
(2)
Maximum use shall be made of presently existing surface water runoff control devices, mechanisms or areas, such as existing berms, terraces, grass waterways, favorable hydrologic soils, swamps, swales, watercourses, woodlands, floodplains, as well as any proposed retention structures.
(3)
Evaluation shall be made of the nature of the subwatershed of which the site is part, the receiving stream channel capacities and point of concentration structure.
(4)
Surface water runoff shall not be transferred from one watershed to another unless justification for same is presented and acceptable to the Borough Engineer.
(5)
To the greatest possible extent, the plan shall avoid the concentration of flow and shall provide for dissipation of velocities at all concentrated discharge points.
(6)
Reestablishing vegetative cover shall be in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey, adopted by the local Soil Conservation District, latest edition.
(7)
Timing for the plan shall establish permanent surface water management measures prior to construction or other land disturbance, to include seeding and establishing sod or grass waterways.
G.
Design standards. For calculating runoff and controls, either of the following methods may be used in computing runoff: the Soil Conservation Service Method under the United States Department of Agriculture or the Rational Method.
H.
Data required on plan.
(1)
The applicant shall submit a separate surface water management plan for any proposed lot, subdivision, site plan review, conditional use, zoning variance or any land disturbance activity, except for an exempted activity.
(2)
The plan shall contain the following information:
(a)
Lot and block numbers of the site, as shown on current Borough Tax Maps.
(b)
Name and address of the owner of the land.
(c)
Size of the watershed and location of the site within a subwatershed(s).
(d)
Location, description and quantification of significant natural and man-made features on and surrounding the site, including topography, all impervious surfaces, soil and drainage characteristics, with particular attention to the location and description of presently existing surface water runoff control devices, mechanisms or areas, swamps, floodplains, swales, woods and vegetation, steep slopes and other features critical to the purposes of this section.
(e)
The size of the nearest culvert or bridge downstream of the discharge area, profiles and cross sections of stream channels upstream of that structure, as well as profiles and cross sections of stream channels at all points of proposed surface water discharge from the site, as required by the Borough Engineer.
(f)
The location, description and quantification of proposed changes to the site, whether of a permanent or temporary nature, with particular attention to impervious surfaces and interception of presently dispersed flow which may impact upon the capacity of the soil, vegetation cover and drainageways to absorb, retard, contain or control surface water runoff.
(g)
Designation of critical or other areas to be left undisturbed shall be shown in sufficient detail to be accurately marked on the land. The location and types of barriers to damage during construction shall be shown.
(h)
Computation of the total surface water runoff before, during and after the disturbance of land and/or construction of impervious surfaces.
(i)
Proposed measures for surface water management.
(j)
A schedule of the sequence of installation of the surface water management structures, stipulating current maintenance, continued maintenance and responsibility for same.
(k)
The proposed maintenance schedule for all surface water management structures, stipulating current maintenance, continued maintenance and responsibility for same.
(l)
All proposed revisions of required data, as well as such additional data as the Planning Board may require.
I.
Plan implementation.
(1)
Limit of disturbance. Critical impact areas and other areas to be left undisturbed shall be physically marked with survey stakes or protected with a temporary snow fence prior to any land disturbance.
(2)
Timing. The Planning Board shall require the construction and/or installation of surface water management improvements in accordance with the schedule of sequence of installation, as approved.
(3)
Bonding. The Planning Board shall require the posting of performance guarantees and maintenance bonds as provided in this chapter.
(4)
Inspection.
(a)
The applicant shall bear full and final responsibility for the installation and construction of all required surface water runoff and control measures according to the provisions of the approved plan and this section. The Borough Engineer shall inspect the site during its preparation and development and certify that all surface water management measures have been constructed in accordance with the approved plan.
(b)
During the 12 months subsequent to completion, the Borough Engineer shall periodically inspect the site to ascertain that the provisions of the approved plan are complied with, including the limits of disturbance. The Borough Engineer shall provide upon request a certificate indicating the date the required measures were completed and/or accepted.
(5)
Maintenance.
(a)
At the time of approval of the plan, responsibility for continued maintenance of surface water runoff control structures and measures shall be stipulated and properly recorded.
(b)
The Borough shall retain the right to enter and make repairs and improvements where necessary to ensure that all control measures as well as areas dedicated to surface water retention or groundwater recharge are adequately maintained and preserved. The Borough may charge the owner for these costs if such maintenance is the owner's responsibility.
J.
Nonresidential developments.
(1)
All developments shall incorporate on-site stormwater facilities that will encourage the recharging of underground aquifers and/or the slowing down of the rate stormwater leaves the site so that the rate of stormwater runoff post development will be reduced by 50% for the two-year storm, 25% for the ten-year storm and 25% for the one-hundred-year storm.
(2)
Where the amount of runoff determined by the Municipal Engineer is sufficient to justify detention of peak flow, one or more detention basins shall be required. Each detention basin shall have a capacity to accept all surface water directed to it from a one-hundred-year storm event, with outlets to permit complete draining of the maximum capacity of the detention basin in not more than 36 hours.
(3)
Developments may incorporate other on-site stormwater detention or impoundment facilities in the following manner:
(a)
Swales to retard water runoff. Water velocity shall not exceed three feet per second. The water may be directed to impact-still basins to evaporate and percolate. The swales shall be seeded and maintained in lawn areas as appropriate.
(b)
Impoundment/detention basins along streams that maintain steady flows of water may be constructed, provided that they meet the standards and have the approval of the New Jersey Department of Environmental Protection.
(c)
Detention of stormwater on roof surfaces may be designed.
K.
Residential. All installations regarding stormwater management shall be in accordance with N.J.A.C. 5:21-7.
§ 195-103 Topsoil redistribution.
Topsoil available at the site and moved during the course of construction shall be redistributed to all areas uncovered in the course of construction. Whenever sufficient topsoil is not available at the site, additional topsoil shall be obtained and distributed in such a manner as to provide a cover of at least six inches of topsoil or other approved cover to prevent soil erosion on the areas uncovered during the course of construction or excavation. No topsoil shall be removed from the site of the development or used as spoil.
§ 195-104 Water supply and sanitary sewers.
A.
Nonresidential.
(1)
Where water is accessible from a servicing utility, the developer shall arrange for the construction of water mains in a manner and of material as approved by the Borough Engineer as to make adequate water service available to each lot, dwelling unit or use. The system shall be designed with adequate capacity and sustained pressure for present and probable future development.
(2)
Where public water is not available, potable water supply shall be provided to each lot or dwelling unit by wells from groundwater supply. Such wells shall be designed in accordance with the requirements and standards of the Borough and/or state agency having jurisdiction.
(3)
Where water distribution systems are installed outside streets, easements or rights-of-way shall be required in accordance with § 195-91, Easements.
(4)
Where no municipal consent for a public utility franchise for water has been granted, upon completion of the water plant and distribution system, these public facilities shall, at the option of the Borough, be transferred to the Borough.
(5)
All sanitary sewers and storm sewers will be of a material and installed in a manner approved by the Borough Engineer.
B.
Residential. All installations regarding water supply and sanitary sewers shall be in accordance with N.J.A.C. 5:21-5.
§ 195-105 Recycling.
A.
There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator and shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), and any applicable requirements of the municipal Master Plan, adopted pursuant to N.J.S.A. 40:55D-28, as amended by Section 26 of P.L. 1987, c. 102.[1]
B.
The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
C.
The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein against theft of recyclable materials, bins or containers.
D.
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
E.
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
F.
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.