A. All developments shall conform to design standards encouraging sound development patterns within the Village. Where an Official Map and/or Master Plan have be adopted, the development shall conform to them.
B. Character of the land
Land identified in the Master Plan as critical areas or having severe or moderate soil characteristics, particularly as the land relates 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 are formulated by the developer to solve the problems by methods meeting this chapter and all other regulations.
C. Exceptions. See 96A-20 and 96-5.2b. of the Zoning Ordinance of the Village of Ridgefield Park.
A. Within any residential district, no building permitted professional office or other home occupation shall be constructed or altered so as to be inharmonious with the residential character of the adjacent reside areas.
B. The following types of construction shall be considered not to be residential in character. (1)Store front types of construction.
(2) Garage doors larger than needed for passenger automobiles and commercial vehicles of one (1) ton gross weight.
(3) Unfinished hollow masonry wall surfaces.
For fire, rescue and other emergencies, all principal buildings in all districts shall be clearly identified as to house or street number by means of an unobstructed sign clearly visible and legible from the main abutting street.
Concrete curbs shall be installed along all streets. The standard curb section shall be ten (10) feet in length, with preformed expansion joint material on not more than twenty-foot centers, and shall be set in accordance with approved lines and grades, and radial curbs shall be formed in a smooth curve. Chord segments are prohibited. The finish shall be a smooth float finish with corners rounded. Concrete curbs shall be six by nine by twenty (6 x 9 x 20) inches (eight-inch exposed face), using Class B concrete having a twenty-eight-day compressive strength of four thousand (4,000) pounds per square inch, and shall be air entrained. No driveway curb cut shall exceed sixteen (16) feet maximum. 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.
All streets shall be designed to accommodate storm drainage along streets. 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 so as to overload existing drainage systems or create flooding or the need for additional drainage structures on other lands without proper and approved provisions being made for taking care of these conditions, including off-tract improvements.
A. A fifty-year storm curve shall be used in computing stormwater runoff.
B. The pipe size shall be determined by acceptable engineering design procedures but not be less than fifteen (15) inches in diameter.
C. Drainage inlets shall be located as directed by the Municipal Engineer, but generally at intervals of not more than four hundred (400) feet or such shorter distances as required to prevent the flow of surface water from exceeding six (6.0) 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 injunctions.
D. Storm drain pipes running longitudinally along streets shall not be located under curbing. Where storm drain pipes are installed outside of streets, easements or rights-of-way shall be required in accordance with 96A-35.
E. Storm drain pipes shall be laid to the exact lines and grades approved by the Municipal Engineer. Specifications for manholes, inlets and storm drains shall follow the 1961 State Highway Specifications, as amended.
F. Where any development is traversed by a watercourse or drainage ditch, a drainage right-of-way easement shall be dedicated to the Village conforming substantially with the lines of such watercourse. A minimum of fifteen (15) feet beyond the bank top on at least one (1) side shall be provided for access to the drainage right-of-way. (See 96A-35.)
G. All developments shall incorporate on-site stormwater facilities that will result in stormwater leaving the property at the same rate that existed prior to the development. All measures shall comply with the soil erosion and sediment control provisions in 96A-49. Grading shall direct drainage away from all buildings, prevent the collection of water in pools and avoid the concentration of stormwater from one lot to another.
H. Where the amount of runoff determined by the Municipal Engineer is sufficient to justify detention of peak flow, one (1) or more detention basins shall be required. Each detention basin shall have a capacity to accept all surface water directed to it from a six-inch rain in twenty-four (24) hours, with outlets to permit complete draining of the maximum capacity of the detention basin in not more than thirty-six (36) hours.
Easements shall be along side and/or rear property lines where possible, shall not be less than fifteen (15) feet wide, shall be dimensioned on the plat and shall be identified as follows: " easement granted to the Village of Ridgefield Park as provided for in the Ridgefield Park Development Regulations Ordinance."
This report shall accompany all preliminary plats:
A. A description of the development, specifying what and how it is to be done during construction and operation and practical alternate plans to achieve the objective(s).
B. An inventory of on-site environmental conditions and an assessment of the probable impact of the development upon them: water supply; geology; soils and properties thereof, including capabilities and limitations; sewerage; topography; vegetation; noise characteristics and levels; land use; and aesthetics. Air and water quality shall be described with reference to standards of the New Jersey Department of Environmental Protection.
C. A list and the status of the approvals needed from federal, state or county agencies, including comments of these governmental agencies.
D. An evaluation of any adverse environmental impacts which might not be able to be avoided, including air and water pollution, noise, sedimentation and siltation, increase in Village services and consequences to the Village tax structure.
E. A description of steps to be taken to avoid or minimize adverse environmental impacts during construction and operation, including maps, schedules and other explanatory data.
F. 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.
Hydrants shall be installed on water mains at intervals directed by the Fire Chief and Fire Commissioner in accordance with the standards of the National Board of Fire Underwriters. Hose connections shall conform to existing hydrants. Fire alarms shall be placed at or near street intersections and be of a type used throughout the Village.
Where open space or common property is set aside in a development and said land is not to be deeded to the Village, a homeowners' association shall be established for the purpose of maintenance responsibility. The organization shall incorporate the following provisions, which shall be submitted and approved prior to final plat approval:
A. Membership by all owners of property or interests in the project shall be mandatory. Required membership and the members' responsibilities shall be in writing between the organization and each member in the form of a covenant, with each agreeing to liability for his pro rata share of the organization's costs.
B. The organization shall be responsible for liability insurance (with the municipality carried as a named insured), taxes, maintenance and any other obligations assumed by the organization and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any common open space or common property by sale or otherwise except to an organization conceived and established to own and maintain such open space or property for the benefit of such development. Thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the municipality(s) wherein the land is located.
C. The organization shall be allowed to adjust the assessment to meet changing needs.
D. The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of its covenants, model deeds and articles of incorporation. The master deed shall state that every tenant and property owner shall have the right to use all common properties.
E. The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that in the event such organization shall fail to maintain the common open space or common property in reasonable order and condition, the village may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the common open space or common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty-five (35) days thereof and shall state the date and place of a hearing thereon, which shall be held within fifteen (15) days of the notice. At such hearing, the designated village body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed sixty-five (65) days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said thirty-five (35) days or any permitted extension thereof, the village, in order to preserve the common open space and common property and maintain the same for a period of one (1) year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the common open space and common property except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Village Commissioners shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property, call a public hearing upon fifteen (15) days' written notice to such organization and to the owners of the development, to be held by the Village Commissioners, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Village shall not, at the election of the Village Commissioners, continue for a succeeding year. If the Village Commissioners shall determine that such organization is ready and able to maintain said open space and property in reasonable condition, the village shall cease to maintain said open space and property at the end of said year. If the Village Commissioners shall determine such organization is not ready and able to maintain said open space and property in a reasonable condition, the Village Commissioners may, in its discretion, have the village continue to maintain said open space and properly during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Village Commissioners in any such case shall constitute a final administrative decision subject to judicial review.
F. The cost of such maintenance by the village shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and common property in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner a" Other taxes.
The objective is to minimize undesirable off-site effects. All area lighting in places such as parking lots or for security shall provide translucent fixtures with shields around the light source. The light intensity at ground level shall be a maximum of one (1.0) footcandle. The total quantity of light radiated above a horizontal plane passing through the light source shall not exceed seven and five-tenths percent (7.5%). For recreation purposes, more intense lighting may be permitted. In all instances, "no lighting source shall shine or reflect into windows or onto streets and driveways. No lighting shall be a yellow, red, green or blue beam nor be a rotating, pulsating or of other intermittent frequency.
(See 96A-11, Permits)
A. Insofar as is practical, lots shall be rectangular, lot lines shall be straight and side lot lines shall be either at right angles or radial to street lines,
C. Through lots with frontage on two (2) streets are permitted, provided access shall be to the street with the lower traffic function.
D. On corner lots, the narrowest width shall be the front yard to determine front, side and rear yard requirements. regardless of how the owner faces the building. The building shall be set back from both streets the required front yard distance unless the prevailing setbacks on the street is different, in which case the building shall be set back to conform to the prevailing setback.
E. Extra width for street widenings in accordance with an adopted Master Plan or Official Map shall either be dedicated or, if not dedicated, be anticipated by increasing the lot size in anticipation of future right-of-way.
F. Where there is a question as to the suitability of a lot(s) due to rock formations, flood conditions, high water table or similar circumstances, the approving authority may, after adequate investigation, withhold approval of such lots.
G. Where two (2) or more contiguous lots exist under the same ownership and one (1) or more of said lots do not conform to the area and/or dimension requirements of this chapter, said contiguous lots shall be considered merged into the greatest number of conforming lots.
H. Any nonconforming lot existing on October 22, 1968, and not meeting the definition of the previous subsection may have a building permit issued for a permitted use without an appeal for a variance, provided that the building coverage is not exceeded, the new structure does not violate any height or setback requirements, parking requirements are met and the nonconforming lot abuts lots on either side that are developed and the nonconforming lot is the largest possible assemblage of contiguous land under the preceding subsection. The side and rear yards may be reduced by the same percentage the area of the undersized lot bears to the zone district requirements, except that no yard shall be less than half that required by this chapter or five (5) feet, whichever is greater.
I. Whenever land has been dedicated to the village in order to meet the minimum street width requirements or to implement the Official Map or Master Plan, the Building Inspector shall not withhold a building and/or occupancy permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.
J. On any lot where the prevailing front yard setback along a given street in an average block is greater than the minimum required by this chapter, the minimum setback for the front of the new building shall be increased to the average of the existing front yard setbacks along that side of the block The minimum setback for the side of the building on a corner lot shall be the minimum front yard requirements of this chapter.
Monuments shall be the size and shape required N.J.S.A. 46:23-9.12 (the Map Filing Law, as amended), be placed in accordance with said statute and indicated on the final plat.
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.
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, water supply or sanitary sewer, 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.
(2) Where drainage waters are diverted from the development into other drainage systems or onto other lands or streets not adequate to accommodate the additional waters, the approving authority may grant final approval if the developer shall acquire, improve and dedicate to the village such enlarged, additional or new drainage facilities.
(3) In lieu of the developer's 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 village or its contractors at the cost of the developer.
(4) Where the approving authority determines that offsite 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.
Where the approving authority finds 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 improvements would be required as a local improvement by the village with the costs 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 village shall determine the nature of the off-site and off-tract improvements, including the needs created by the applicant's proposed development and the then-existing needs in the area, notwithstanding any work of the applicant. He shall estimate 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.
(3) If the governing body will not adopt a local improvement ordinance, the final development shall be designed accordingly and the approving authority shall proceed on that basis.
(4) If a local improvement ordinance is adopted, 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.
(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 Village 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 Village concerning the uses of the deposit, which shall include the following stipulations: that said funds shall be used by the Village solely for the expenses of such off-site and off-tract improvements; that such deposit may be appropriated by the Village, with other funds of the Village, and may be commingled with other appropriated funds and expended by the village in connection with such purposes; that if such deposit is not used by the village 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 village or its contractors, the properties specially benefited by such improvement shall be assessed as provided by law, including the property of applicant; that the applicant's deposit shall be credited against the assessment made upon applicant's property (whether or not applicant is then the owner thereof); and that if such deposit is less than the amount ultimately assessed against such property, then the owner(s) of said property shall pay the difference between the deposit and such assessment, or if the deposit exceeds the amount assessed, 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, 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.
(5) The determination of the governing body whether or not to proceed toward the adoption of a local improvement ordinance shall be made within thirty (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.
A. Access to and from lots.
Drives shall be limited to two (2) to any street. The center lines of access points shall be spaced at least sixty-five (65) feet apart. Each drive shall handle no more than two (2) lanes of traffic, be at least fifty (50) feet from the street line of any intersecting street and be at least twenty (20) feet from any property line. Curbing shall either be depressed at the driveway or be rounded at the corners, with the access drive connected to the street in the same manner as another street.
B. Access to parking and loading spaces.
Access shall be by on-site aisles to permit each vehicle to proceed to and from each space without moving another vehicle. Parking spaces shall not be an extension of any street right-of-way.
C. Buffers.
Parking and loading areas for ten (10) or more vehicles shall be buffered from adjoining streets and single-family residential uses, meeting the objectives of 96A-37.
D. Curbing.
Off-street parking areas containing ten (10) or more spaces and all off-street loading areas shall have concrete curbing around the perimeter located in conjunction with an overall drainage plan. Curbing shall be ramped in accordance with the Design Standards for Curb Ramps for the Physically Handicapped of the New Jersey Department of Transportation, with ramps opposite each aisle. Curbing shall be located to control access from adjoining streets and prevent vehicles from encroaching upon buffer and landscaped areas and street rights-of-way.
E. Dimensions.
(1) Off-street parking spaces shall be nine (9) feet wide and nineteen (19) feet in length. In parking lots containing more than ten (10) spaces, a minimum of one (1) space shall be at least twelve (12) feet wide, and for parking lots with more than twenty (20) spaces, five_ percent (5%) of all spaces, but not more than ten (10) spaces, shall be twelve (12) feet wide. These wider spaces shall be located in one (1) area and designated as parking for the handicapped. Each space shall be identified by painted lines.
(3) Off-street loading spaces shall have fifteen (15) feet of vertical clearance and be designed as follows:
F. Drainage.
Facilities shall be installed in accordance with good engineering practice as approved by the Municipal Engineer and in accordance with the drainage provisions of 96A-34. 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 twelve (12) inches below the proposed subgrade and filled with a suitable 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 suitable drain. Parking spaces shall not exceed a grade of four percent (4%), and interior access drives shall not exceed six and five-tenths percent (6.5%).
G. Surfacing.
Surfacing shall be approved as part of the plan approval, Areas to experience heavy traffic shall be paved with not less than four (4) inches of compacted base course of plant-mixed bituminous stabilized base course constructed in layers of not more than two (2) inches compacted thickness, or equivalent, and a minimum one-and five tenths-inch-thick compacted wearing surface of bituminous concrete (FABC), or equivalent. All shall be constructed in accordance with the standard specifications of the New Jersey Department of Transportation.
H. Landscaping.
(1) Landscaping in parking areas for more than ten (10) cars and loading areas shall be shown on the site plan. Trees shall be spaced so as not to interfere with driver vision and shall have branches no lower than six (6) feet. All areas between the parking area and the building shall be landscaped with trees, shrubs and ground cover. Any plantings which do not live shall be replaced within one (1) year or one (1) season. A majority of the parking areas for more than fifty (50) cars shall be obscured from streets by building;, landscaped berms, natural ground elevation or plantings, singly or in combination.
(2) In the R-3 Multi-family and R-4 Medium-Rise Multifamily Zones, every fifty (50) feet of parking shall be interrupted by a planting strip of four (4) feet (minimum).
(3) In the OP Zone, landscaping and parking areas for more than fifty (50) vehicles shall have at least one (1) tree for each twenty (20) parking spaces. However, no landscaping shall be required on a top level of a parking garage.
I. Lighting. See 96A-39.
J. Minimum parking and loading requirements. The number of spaces shall be based on the schedule in Article VI.
K. Location of parking and loading areas.
(1) Parking and loading spaces shall be located on the same lot as the use being served, except that a parking lot or parking garage may be located on an adjoining lot, provided that the parking lot or parking garage is located along the property line closest to the building being served. No off-street parking or loading spaces shall have direct access from a street Parking areas for ten (10) or more vehicles may occupy front, side or rear yard areas of commercial uses and the side and rear yard areas of residential uses. Loading areas shall be located and/or serviced so as not to be visible from public streets.
(2) No loading and parking space shall be located in any required buffer area, and all spaces shall be set back at least two (2) feet from street and property lines and buffer areas to prevent any part of a vehicle from overhanging the street right-of-way, property line or buffer areas.
(3) Parking spaces shall be within two hundred (200) feet of the entrance of the building being served.
(4) No parking shall be permitted in fire lanes, streets, driveways, aisles, sidewalks or turning areas.
(5) It shall be illegal to park, store or otherwise place in any setback area required under this chapter which is adjacent to a public street any passenger motor vehicle, commercial motor vehicle, bus, trailer, boat, airplane, motorcycle, motor scooter or any similar type means of conveyance. This prohibition shall not apply to legally paved areas when the provisions of this chapter permit the parking or storing of such vehicles, but shall apply to any lawns, landscaped areas or the like which are required by this chapter and are known as either the front yard setback, the rear yard setback from a street or side yard setback from a secondary street.
