Wharton City Zoning Code
ARTICLE X
Design Standards for Site Plans
§ 165-63 General statement.
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.
In preparing an application for site plan review, planned development review, conditional use request and other matters requiring site plan review, the applicant shall be guided by the design standards affecting off-street parking and loading, traffic circulation, building design and layout, lighting, buffering and landscaping, signs, drainage and other utilities and environmental considerations contained herein.
D.
Applications for residential developments shall comply with the standards set forth in N.J.A.C. 5:21, Residential Site Improvement Standards.
§ 165-64 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.
§ 165-65 Off-street parking requirements.
A.
Number of parking spaces required. The number of off-street parking spaces required shall be as set forth in Table 1. If determination of the number of required parking spaces results in a fractional space, a fraction of 1/2 or higher shall require one additional parking space.
B.
Location of parking spaces.
(1)
The approving authority shall approve the location of all proposed parking spaces on the site and shall take into consideration the size and topography of the site; visibility from the site to the adjoining street as well as within the parking area; conditions of safety relating to the movement of people and vehicles; and the elimination of nuisance factors, including glare, noise, dust and other similar considerations. Off-street parking shall not be located closed than 15 feet from any front yard lot line, nor closer than five feet from any side or rear lot line. These conditions shall apply to all surface and above-grade parking facilities. All parking facilities shall not be located closer than 25 feet from any two intersecting streets or within the sight triangle of any driveway and the street right-of-way.
(2)
Parking spaces located to serve residential uses shall be within 150 feet of the entrance of the building and within 300 feet of commercial/industrial uses, subject to site plan approval.
Table 1 Off-Street Parking Requirements | |||||
Land Uses | Required Off-Street Parking Spaces | ||||
|---|---|---|---|---|---|
Auto service stations | 3 per bay or 1 per gas pump and 1 per bay, whichever is greater. | ||||
Banks and savings institutions | 1 per 300 square feet of GFA | ||||
Child-care centers | 1 per 6 children | ||||
Eating establishments | 1 space for each 3 seats | ||||
Flexible office/warehouse | Utilize component standards | ||||
Funeral home | 1 per 150 square feet GFA | ||||
House of worship | 1 per 3 seats. For benches, 1 seat = 3 feet of linear space | ||||
Industrial | 1 per 400 square feet of GFA | ||||
Manufacturing and assembly operations | 1 per 400 square feet of GFA | ||||
Medical or dental offices | 1 per 150 square feet of GFA | ||||
Office: | |||||
Under 49,999 square feet of GFA | 1 per 225 square feet of GFA | ||||
50,000 and over square feet of GFA | 1 per 250 square feet of GFA | ||||
Residential (per N.J.A.C. 5:21-4.14) [Added 10-17-2005 by Ord. No. O-20-05] | |||||
1. | Single-family detached | ||||
2 bedrooms | 1.5 | ||||
3 bedrooms | 2, including 1 garage space | ||||
4 bedrooms | 2.5, including 1 garage space** | ||||
5 bedrooms | 3, including 1 garage space | ||||
2. | Multifamily | Single-family detached rules apply per unit | |||
3. | Garden apartment (also, mid-rise) | ||||
1 bedroom | 1.8 | ||||
2 bedrooms | 2** | ||||
3 bedrooms | 2.1 | ||||
4. | Townhouse | ||||
1 bedroom | 1.8, including 1 garage space | ||||
2 bedrooms | 2.3, including 1 garage space** | ||||
3 bedrooms | 2.4, including 1 garage space | ||||
5. | Retirement community | Values shall be commensurate with the most appropriate housing unit type and size noted above that the retirement community resembles. (See Notes 8 and 9.) | |||
Retail store and personal service establishments | 1 per 200 square feet of GFA | ||||
Schools: elementary (K through 8) | 2 per classroom; but not less than 1.5 per teacher and staff | ||||
Storage areas (primary use) | 1 per 5,000 square feet of GFA of storage area and 1 per 250 square feet of GFA of related offices | ||||
Warehouse | 1 per 1,000 square feet of GFA | ||||
Other uses not provided herein shall be determined by the approving authority | |||||
Notes relating to parking requirements: | ||
GFA = Gross Floor Area | ||
** = If applicant does not specify the number of bedrooms per unit, this off-street parking requirement shall apply. | ||
1. | Whenever there is more than one use conducted on any one premises, parking spaces shall be provided in accordance with the combined requirements of each use as shown in the above schedule or as approved by the Planning Board or as otherwise indicated in this chapter. | |
2. | Drive-through lanes and windows for banks and other uses, where permitted, shall be provided with room for queuing of 10 automobiles for each drive-through lane and/or window. | |
3. | The inclusion of any use in this table is not meant to imply it is a permitted use in the Borough. See the applicable sections of this chapter for the enumeration of permitted uses. | |
4. | Alternative residential parking standards shall be accepted if the applicant demonstrates these standards better reflect local conditions. Factors affecting minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location, and available off-site parking resources. (N.J.A.C. 5:21-4.14c) | |
5. | A one-car garage and driveway combination shall count as two off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way. A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided a minimum parking area width of 20 feet is provided for a minimum length of 18 feet as specified for a one-car garage and driveway combination. (N.J.A.C. 5:21-4.14d) | |
6. | When housing is included in mixed-use development, a shared parking approach to the provision of parking shall be permitted. (N.J.A.C. 5:21-4.14e) | |
7. | For residential uses only: When in the judgment of the local approving authority on-street parking is available, then only that proportion of the parking requirement which is not available on the street shall be provided in off-street parking facilities. A length of 23 feet per on-street parking space shall be used in calculating the number of available on-street parking spaces. (N.J.A.C. 5:21-4.14f) | |
8. | The Borough recommends the following parking requirements for Nursing Home/Congregate Care facilities; these uses are not specifically identified in the State Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.): 0.5 space for each nursing bed; 0.75 space for each independent living and assisted living unit. | |
9. | The Borough recommends the following standards for senior citizen housing; these uses are not specifically identified in the State Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.): one space for each one-bedroom unit and 1.25 spaces for each two-bedroom unit, plus one visitor space for each six units. | |
C.
Parking spaces for the disabled.
(1)
In any parking lot, designated parking spaces for disabled persons shall be required as follows:
Table 2 Required Parking for the Disabled | ||
|---|---|---|
Total Parking Spaces in Lot | Required Number of Parking Spaces for the Disabled | |
Up to 25 | 1 | |
26 to 100 | 2 | |
Over 100 | 2% of total spaces in lot | |
(2)
Parking spaces for the disabled shall be located in one area and designated as parking for the handicapped. They shall be located so that access does not require wheeling or walking behind parked cars. Parking spaces for the disabled shall be at least eight feet wide with a five-foot access area located adjacent to the driver's side.
D.
Parking area design standards.
(1)
Aisle width. Provisions shall be made for the safe and adequate circulation of vehicles and pedestrians within and adjoining the subject property. Aisle widths providing direct access to individual parking stalls shall be in accordance with the standards in Table 3. Only one-way traffic shall be permitted in aisles of less than 24 feet in width.
Table 3 Minimum Aisle Width | ||
Parking Angle (degrees) | Minimum Aisle Width (feet) | |
|---|---|---|
0 (parallel parking) | 12 | |
30 | 12 | |
45 | 13 | |
60 | 18 | |
90 (perpendicular parking) | 24 |
(2)
Parking stalls shall be nine feet by 18 feet in dimension, provided that parking stalls serving lots which contain retail uses utilizing shopping carts shall be 10 feet by 20 feet.
(3)
Circulation within parking area.
(a)
All parking spaces shall be designed free and clear of any obstruction to individual parking stalls.
(b)
Parking spaces shall be located in such a fashion as to permit all vehicles to exit in a safe and orderly manner. Under no condition shall vehicles be permitted to back out of a parking lot driveway or otherwise block the free movement of traffic within the parking area or specific points of safety control, such as fire hydrants, doorways, elevators or other similar locations.
(c)
Aisle widths and circulation patterns shall be designed to permit emergency and service vehicles such as delivery trucks, solid waste collection vehicles and the like to have reasonable access to and space for their intended functions.
(d)
Pedestrian circulation within a parking area shall be, to as great an extent as possible, separated from vehicular traffic. Safety zones, crossing points and sidewalk areas, where warranted, shall be provided.
(4)
Driveway design criteria.
(a)
Location of driveways. All entrance and exit driveways to a public or private street shall be located so as to afford maximum safety to said roadway, to provide for safe and convenient ingress and egress and to minimize conflict with the free flow of traffic. In no case shall unrestricted access along the length of the street or streets upon which the parking area abuts be permitted.
(b)
Sight distances.
[1]
The minimum sight distances established in Table 4 shall be adhered to between a driveway and the adjoining street in accordance with the sight triangle definition. Said driveway shall be designed in profile and grading shall be reviewed by the Borough Engineer.
[2]
For the purpose of this chapter, sight distance measurement shall be measured from the driver's seat of a standing vehicle, located on that portion of the exit driveway that is immediately contiguous to the traveled way, with the front of the vehicle 10 feet behind the right-of-way line of the road, with the height of the eye 3.75 feet to the top of the object 4.5 feet above the pavement.
Table 4 Minimum Sight Distance from a Driveway and Adjoining Street | ||
Maximum Allowable Speed on Roadway (miles per hour) | Minimum Sight Distance (feet) | |
|---|---|---|
25 | 175 | |
30 | 250 | |
35 | 325 | |
40 | 400 | |
45 | 450 | |
50 or more | 500 |
(c)
Where a site is located at the intersection of two streets, no driveway entrance or exit shall be located within 50 feet of the point where the curb return of the street intersection and the curbline meet.
(d)
No part of any driveway shall be located closer than 20 feet from any other driveway on the adjoining parcel, nor shall more than one driveway be located closer than 40 feet to another driveway on the same site, as measured from the closest edge of any two driveways along the same right-of-way line.
(e)
No entrance or exit driveway shall be located on a traffic circle or on a ramp of an interchange or within 50 feet of the beginning of any ramp or other portion of an interchange.
(f)
Geometric design. The geometric design of a driveway connection to a public or private street shall be governed by sound traffic engineering principles. The following guidelines are utilized in preparing a geometric design, but some deviation may be necessitated from time to time due to the many variables encountered in the course of preparing a design. The applicant should be aware, therefore, that although the driveway layout may conform to these guidelines, conditions may dictate deviation from them and that the requirements of the Borough Engineer shall be final.
[1]
Two-way operation. Driveways used for two-way operation will intersect a public or private street at an angle to as near 90° as site conditions will permit and in no case will be less than 60°.
[2]
One-way operation. Driveways used for vehicles in one direction of travel (right turn only) shall not form an angle smaller than 45° with a public street.
[3]
The dimensions of driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated to be attracted daily onto the land development for which a site plan is prepared. The required maximum and minimum dimensions for driveways' connection to a public or private street at 90° are indicated in Table 5. Driveways serving large volumes of daily traffic, or traffic over 25% of which is truck traffic, shall be required to utilize high to maximum dimensions. Driveways serving low daily traffic volumes, or traffic less than 25% of which is truck traffic, shall be permitted to use low to minimum dimensions.
Table 5 Driveway Widths, Depressed Curbs and Curb Return Radius Standards | |||||||
|---|---|---|---|---|---|---|---|
One-Way Operation | Two-Way Operation | ||||||
Use | Drive- Way Width (feet) | Depressed Curb (feet) | Curb Return Radius (feet) | Driveway Width (feet) | Depressed Curb (feet) | Curb Return Radius (feet) | |
3 to 10, family residential | 12 to 15 | 22 to 25 | 20 minimum/30 maximum | 24 to 30 | 44 to 50 | 20 minimum/30 maximum | |
Over 10, family residential | 18 to 20 | 35 to 38 | 20 minimum/30 maximum | 24 to 30 | 46 to 52 | 25 minimum/35 maximum | |
Commercial and industrial | 18 to 30 | 35 to 50 | 35 minimum/45 maximum | 30 to 50 | 50 to 70 | 35 minimum/45 maximum | |
Service station | 20 to 30 | 35 to 50 | 20 minimum/35 maximum | 40 to 50 | 50 to 60 | 20 minimum/35 maximum | |
[4]
Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage.
[5]
Should the sidewalk be so close to the curb or a depressed curb driveway as to cause the ramp to be too steep and be likely to cause undercarriage drag, the sidewalk shall be appropriately lowered to provide a suitable ramp gradient.
[6]
The surface of any driveway shall be constructed with a permanent pavement of a type specified by standards set by the Borough Engineer. Such pavement shall extend to the paved portion of the public or private sidewalk.
(g)
Guiderail breakaway cable terminals (BCT), wheel stops and parking lot striping.
[1]
Guiderail breakaway cable terminals (BCT) shall be provided in appropriate locations where required for safety purposes.
[2]
Wheel stops, permanently anchored to the ground, may be required in appropriate locations. Parked vehicles shall not overhang or extend over sidewalk area, unless an additional sidewalk width of 2 1/2 feet is provided to accommodate such overhang.
[3]
Parking stalls, driveways and aisles shall be clearly marked and delineated. The approving authority may require that certain areas be maintained for fire-fighting purposes or other emergency purposes. These areas, as well as other pavement signage, shall be appropriately designated.
(h)
Minimum and maximum grades in parking area. The minimum and maximum parking grades shall be in accordance with the following requirements:
Table 6 Minimum and Maximum Grades of Parking Areas | |||
|---|---|---|---|
Use | Maximum Grade (percent) | Minimum Grade (percent) | |
Parking stalls and service aisles | 6 | 1/2 | |
Main approach walkways to buildings | 4 | 1/2 | |
Swales | 10 | 2 | |
Principal circulation aisles | 8 | 1/2 | |
Driveways: entrances and exits | 6* | 1/2* | |
* NOTE: For a distance of 100 feet from the street right-of-way line. |
(i)
Maintenance of off-street parking and loading area. Every parcel of land used as a public or private off-street parking or loading area shall be maintained in good condition, free of hazards and deterioration. All pavement areas, sidewalks, curbs, drainage facilities, lighting, bumpers, guardrails, markings, signs, landscaping and other improvements shall be maintained in workable, safe and good condition.
(j)
Other off-street parking requirements:
[1]
Limitation as to use. All off-street parking areas shall be used solely for the parking of passenger automobiles, and no commercial repair work or service of any kind shall be conducted within the parking lot.
[2]
Nonavailability. At any time that the required off-street parking facilities cease to be available as required, the certificate of occupancy for the building or buildings built in conjunction with such parking areas shall be canceled and become null and void.
[3]
Charges. There shall be no charge made for the use of off-street parking facilities, and no cars other than self-propelled passenger vehicles shall be permitted to use any of the off-street parking facilities herein required, and no service of any kind shall be extended to the vehicle occupying such off-street parking facilities except for emergency purposes.
(5)
Off-street parking construction.
(a)
All off-street parking areas shall be graded and drained so as to dispose of all surface water in a manner so as not to unreasonably impair the surroundings.
(b)
All off-street parking areas, aisles and driveways shall be surfaced with asphalt, bituminous or cement binder pavement according to specifications established for this purpose by the Borough Engineer.
(c)
All parking areas and access drives shall be edged by a concrete or Belgian block not exceeding six inches above the paved surface or ground level.
E.
Landscaping in parking and loading areas shall be provided as follows:
(1)
Loading areas shall be screened with landscaping, fencing, berms, walls or any combination thereof and shall not be less than six feet in height. The screening shall be sufficient to obscure the view of parked vehicles, loading platforms and loading activities from any lot line or street line throughout the year.
(2)
Parking areas with 20 or greater parking spaces shall be screened from the street with landscaping, fencing or a wall, and interior parking lot landscaping shall be required. Landscaped areas should be located in protected areas such as along walkways, in center islands, or at the end of parking bays and shall be distributed throughout the parking area to mitigate the view of the parked vehicles without interfering with adequate sight distance for vehicles or pedestrians. The landscaping shall consist of hardy, low-maintenance varieties of trees, and shrub plantings no higher than three feet.
(3)
Parking areas with less than 20 spaces shall be screened from the street with landscaping, fencing or a wall but no interior parking lot landscaping is required.
(4)
One shade tree, with a minimum diameter of 2 1/2 inches measured three feet above the ground, shall be provided for every 10 parking spaces. Trees shall be staggered and/or spaced so as not to interfere with driver vision and shall have branches no lower than six feet.
(5)
Any plantings which do not live shall be replaced within one-year or one season.
(6)
Landscaping shall not cast excessive shade on adjacent properties, interfere with existing vegetation, interfere with light fixtures or interfere with adequate sight distance for vehicles or pedestrians.
§ 165-66 Off-street loading.
A.
In any district in connection with every building or buildings, group or part thereof hereinafter erected which is to be utilized by industrial and commercial uses or requires the distribution by vehicles of materials or merchandise and for any residential development containing 30 or more dwelling units and for large-scale public and quasi-public uses, there shall be provided and maintained on the same lot with such building off-street loading spaces in accordance with the requirements of Table 7.
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 12 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 manner 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.
§ 165-67 Curbs.
Unless waived by the approving authority, granite (Belgian) block curb shall be installed along all streets according to the following standards:
A.
Construction of all curbs shall conform to NJDOT Standards and Specifications for Road and Bridge Construction, 2007, Section 607, 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;[1]
B.
Granite curbs shall have a ten-inch to twelve-inch cervical length;
C.
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;
D.
Curbs shall have a six-inch exposed vertical face above the finished pavement surface;
E.
Joints shall measure 3/8 inch to 1/2 inch in width;
F.
The curb height at all driveway openings shall be lowered to a point two inches above the finished pavement.
G.
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.
§ 165-68 Sidewalks.
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 § 165-67, Curbs. Preformed expansion joint material shall be placed at twenty-foot maximum intervals where sidewalks abut curbing or a structure.
§ 165-69 Drainage.
All streets shall be designed to accommodate storm drainage along streets, including the installation of drainage inlets and pipes. Any system shall be adequate to handle all water which originates within the development and beyond, calculated on the basis of maximum potential development as permitted under this chapter. No water shall be diverted as to overload existing drainage structures on other lands without proper and approved provisions being made for taking care of these conditions, including off-tract improvements.
A.
A twenty-five-year storm curve shall be used in computing stormwater runoff.
B.
The pipe size shall be determined by acceptable drainage design procedures but shall not be less than 15 inches in diameter.
C.
Drainage inlets shall be located at intervals of not more than 400 feet or such shorter distances as required to prevent the flow of surface water from exceeding six cubic feet per second at the drainage inlet. Access manholes shall be placed at maximum five-hundred-foot intervals throughout the system and at pipe junctions. Drainage inlets shall comply with Chapter 267, Stormwater Control, § 267-4E(3), of the Code of the Borough of Wharton.
D.
Dished gutters on Borough streets shall be permitted only at intersections involving local streets. Dished gutters shall not be permitted on arterial or collector streets.
E.
Storm drain pipes running longitudinally along streets shall not be located under curbing.
F.
Storm drain pipes shall be the size specified and laid to the exact lines and grades approved by the Municipal Engineer. Specifications for manholes, inlets and storm drains shall follow the 1989 State Highway Specifications, as amended.
G.
Grading shall direct drainage away from all buildings, prevent the collection of stormwater in pools and avoid the concentration of stormwater from one lot to another.
H.
Where any development is traversed by a watercourse or drainage ditch, a drainage right-of-way easement shall be provided and dedicated to the Borough of sufficient width to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the Borough. A minimum of 15 feet beyond the bank top on at least one side shall be provided for access to the drainage right-of-way. See § 165-57.
§ 165-70 Easements.
A.
Easements shall be along side and/or rear property lines where possible and shall not be less than 15 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 Wharton as provided for in the Wharton Land Use and Development Regulations Ordinance."
§ 165-71 Environmental impact report.
A.
At the Board's discretion, an environmental impact report may be required to accompany preliminary site plans. In the event that any environmental consideration poses immediate or long-term nuisances or threats to the public health, safety and welfare, the approving authority may require such further information and/or additional testimony as it deems necessary to answer related questions prior to taking action on the plat. One purpose is to avoid dissemination of dust, smoke, observable gases, fumes or odors or other atmospheric pollution, objectionable noises, glare, vibration or radiation, and to avoid the threat of or the actual pollution caused by chemical, corrosive, toxic and/or hazardous materials, any of which would violate any local county, state or federal regulation, or any of which could be perceived or measurable beyond the property line by either a single discharge or an accumulation of discharges. Where environmental matters, such as protecting floodplains, areas susceptible to erosion, vegetation, historic landmarks and site aesthetics, may be achieved by redesigning the location of improvements or the method of construction, the approving authority may require those modifications necessary to alleviate the threat. Where environmental matters may post a threat to public health, such as water quantity, water quality, sewage disposal, air quality, noise or glare, the approving authority may require modifications to the plans, construction details, mechanical systems, methods of operation or other remedies, including monitoring programs, to overcome the problem(s). If the applicant is unwilling to abide by requests for further information and/or testimony or to abide by any modifications or required methods of operation, recordkeeping and testing designed to eliminate threats to the public health, safety and welfare, the approving authority shall deny the application.
B.
Prior to submitting a preliminary plan, the applicant shall use the Borough's Natural Resource Maps from the Master Plan to present an overview of the natural limitations of the site and to guide the layout of the proposed development. These maps will aid in locating soil types, topography, slopes, surface water, aquifers, depth to water table, floodplains, vegetation, foundation limitations, erosion potential and septic suitability. Little or no text need accompany the data at this stage. It is anticipated that major areas of concern can be identified and agreed upon by use of this generalized data at an early stage in order to avoid development designs that will encroach upon the major environmental problem areas. Where environmentally sensitive areas identified by this general data must be encroached upon, the environmental impact report submitted at the preliminary plat stage can analyze the problem in more detail based on on-site evaluations but limiting the analysis to smaller areas of concern.
C.
The environmental impact report shall comply with the following unless, because of data submitted before 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 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 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.
D.
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.
§ 165-72 Fire protection.
A.
Whenever a central water supply system exists, provision shall be made of 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 hydrant discharges. Hydrants shall be set plumb with discharges 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.
§ 165-73 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.
(6)
Minimize disruption in homes, businesses and places of employment.
(7)
Give better assurance that buyers are notified of the limits of properties in a flood hazard area and that those who occupy properties in these areas assume responsibility for their actions.
§ 165-74 Lighting.
A.
A lighting plan prepared by a qualified individual shall be provided with site plan applications.
B.
The intensity, shielding, direction and reflecting of lighting shall be subject to site plan approval by the approving authority.
C.
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. All alleys in the CBD and B-1 Districts shall be adequately illuminated from sunset until 11:00 p.m. Any adjacent residential zone or use shall be shielded from the glare of illumination from site light and automobile headlights.
[Added 6-23-2008 by Ord. No. O-12-08]
D.
The light intensity at ground level shall average 0.5 footcandle; however, variations are permitted depending upon the intensity of the use. The light intensity shall not exceed 0.3 footcandle along any property line and shall be so arranged and shielded to reflect the light away from adjoining streets or properties.
E.
The lighting plan shall indicate the proposed light intensity (including existing fixtures to remain) at ground level where 0.5 footcandle occurs. 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.
F.
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.
G.
Shade trees shall be planted a minimum of 10 feet from any freestanding light fixture.
H.
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.
I.
No lighting shall be of a rotating, pulsating or other intermittent frequency.
§ 165-75 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. (See § 65-98, Tree preservation, and § 165-99, Steep slope regulations.)
§ 165-76 Off-site and off-tract improvements.
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.
A.
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 performing 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.
B.
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 improvements 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 Treasure 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 co-mingled with other appropriated funds, and if not expended 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, the amount assessed, and the excess shall be refunded to the applicant without interest.[1]
[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.
§ 165-77 Public utilities.
All public services shall be connected to approved public utilities systems where they exist.
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.
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, 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 lines.
§ 165-78 Shade trees, planting strips and landscaping.
A.
Shade trees shall be provided in all site plans where deemed appropriate by the Planning Board. All shade trees shall have a minimum diameter of 2.5 inches measured three feet above the ground and shall be of a species approved by the approving authority. Trees shall be planted 40 feet to 60 feet apart and parallel to but no more than 20 feet from the curbline and shall be balled and burplapped, nursery grown, free from insects and disease, and of true species and variety. 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. Dead or dying trees shall be replaced by the developer during the next recommended planting season. Parking lots shall be planted as required in § 165-65, Off-street parking requirements.
B.
All trees shall have a minimum diameter of 2 1/2 inches measured three feet above the ground and shall be of a species approved by the approving authority. Trees shall be planted 40 feet to 60 feet apart and parallel to but no more than 20 feet from the curbline and shall be balled and burlapped, nursery grown, free from insects and disease, and of true species and variety.
C.
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 site plan application. Landscaping shall be provided to promote a desirable visual environment, screen parking and loading areas, 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 and sizes of all proposed shade trees, ornamental trees, evergreen trees and areas for lawns or any other ground cover,
(4)
A plant schedule indicating botanical name, common name, size at time of planting, quantity and any special remarks for all plant material proposed; and
(5)
Planting and construction details and specifications.
§ 165-79 Sight triangles.
Sight triangles shall be required at each quadrant of an intersection of streets and of 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 that 36 inches above the center-line grade of either intersecting street or driveway or lower than eight 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 Wharton 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.
§ 165-80 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 Morris County Soil Conservation District.
§ 165-81 Stormwater runoff.
A.
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. All development shall comply with Chapter 267, Stormwater Control, of the Code of the Borough of Wharton.
B.
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.
C.
Developments may incorporate other on-site stormwater detention or impoundment facilities in the following manner:
(1)
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 area as appropriate.
(2)
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.
(3)
Detention of stormwater on roof surfaces may be designed.
§ 165-82 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.
§ 165-83 Water supply.
A.
Where water is accessible from a servicing utility, the developer shall arrange for the construction of water mains in such a manner 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 probably future development.
B.
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.
C.
Where water distribution systems are installed outside streets, easements or rights-of-way shall be required in accordance with § 165-70, Easements.
D.
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.
§ 165-84 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 the P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any application requirements of the municipal Master Plan adopted pursuant to Section 26 of P.L. 1987, c. 102;
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; and
F.
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.