Prior to the granting of final approval of a major subdivision plat or site plan, the developer shall have installed or furnished performance guarantees as set forth in section 7.6 for the ultimate installation of the improvements described below:
(a) Installations for Subdivisions. The following improvements shall be required for all major subdivisions:
(1) Applicable Standard Specifications. All streets, curbs, gutters, sidewalks, drainage and drainage structures and water mains shall be constructed and installed in accordance with the applicable standard specifications of the Borough and subject to the inspection and approval of the Borough engineer. Streets 60 feet or more in width shall have a paved roadway of at least 40 feet in width.
(2) Street Name Signs. Street name signs shall be placed at all street intersections within or abutting the subdivision. Such signs shall be a type approved by the Borough and shall be placed in accordance with the standards of the Borough.
(3) Shade Trees. Shade trees shall be located in accordance with the Borough engineers directions, but not so as to interfere with utilities or sidewalks, and shall be spaced as directed by the Borough engineer. Shade trees shall be of the variety and size approved by the Borough engineer and shall be planted in conformity with the current "Standard Specifications of The Borough of Glen Ridge."
(4) Monuments. All monuments shall be of the materials, size and shape required by and shall be installed at the points mentioned in R.S. 46:23-9.11(q).
(5) Top Soil Protection. No top soil shall be removed from the site or used as soil.
(6) Public Water Supply. Each lot within the subdivision area shall be provided with a connection thereto in accordance with the applicable ordinances, rules and regulations of the Borough.
(7) Fire Hydrants. Fire hydrants shall be installed in all subdivisions in accordance with the applicable ordinances, rules and regulations of the Borough.
(8) Public Sanitary Sewers. Each lot within the subdivision area shall be provided with a connection thereto in accordance with the applicable ordinances, rules and regulations of the Borough.
(b) Installations for site plans. The following improvements shall be required for all site plans:
(1) All off-street parking areas for non-residential uses permitted in residential zones, and all off-street parking areas in non-residential zones and for transitional lots shall have a minimum 4-inch thick macadam base course and a 2-inch thick bituminous concrete surface course.
(2) All parking spaces within any parking area shall be clearly marked and maintained to show the parking arrangement within said parking area
.
(3) Lighting in connection with off-street parking shall be so arranged and shielded as to reflect the light downward and away from all adjoining residence buildings, residence districts or streets. No light standard shall be higher than 18 feet or the height of the building, whichever is less.
(4) The off-street parking area shall be effectively screened on every side which adjoins or faces premises situated in any residence district by a fence or wall not less than 4 nor more than 6 feet in height, unless the adjoining property owners in the residence zone agree in writing that landscaping will suffice. Said fence or wall shall be landscaped with evergreen trees or other natural landscaping as required by the planning board and shall be maintained in good condition. No part of any parking area or parking space shall be closer than 15 feet to any residential property line in a residence district.
(5) If any fence, wall or landscaping shall have been required for any parking area under subparagraph (4) above, then such fence, wall or landscaping shall be protected by a concrete curb or bumper guard, or the equivalent, which shall run parallel to such fence, wall or hedge, be at least 5 inches in height above the paved surface adjacent to such fence, wall or landscaping, and be a sufficient distance therefrom to protect such fence, wall or landscaping from the impact of motor vehicles. Utility poles or railroad ties shall not be used to meet required curbing or bumper guards,
(6) All parking areas shall be fully curbed and paved to direct surface waters to appropriate drainage structures. Curb construction shall be in accordance with Glen Ridge specifications.
(7) Every site plan shall show an area reserved for trash or refuse pickup as approved by the planning board. Such area shall be so located on the premises that solid waste trucks have access to such area at all times.
(8) Provisions which are to be made for the handicapped, particularly as they relate to entranceways and ramps both within any new or remodeled structure and any site improvements.
(9) Sidewalks shall be constructed on the site to adequately serve pedestrian traffic as required by the planning board.
(10) Required Parking in all Residential Districts:
(i) Off-street parking for single family residential use in a residential zone shall be in accordance with the Zoning Ordinance of the Borough.
(ii) Non-residential uses in the residence districts, as permitted by the Zoning Ordinance of the Borough shall provide one additional parking space, exclusive of access driveways, for each 250 square feet, or fraction thereof, of floor area of the building devoted to non-residential use.
(11) Required Parking in Non-residential Districts:
(i) Provision shall be made for one usable off-street parking space, exclusive of access driveways for every 250 square feet of floor area or fraction thereof. In the case of addition to any existing building in any non-residential zones, the required parking shall be computed on the basis of the total floor area including the existing building and the addition thereto. For the purposes of this section, a basement area shall not be counted as part of the floor area in computing the off-street parking requirements, unless such basement is devoted to a use permitted in the zone, exclusive of storage.
(12) Parking Improvement Exemptions:
(a) If any applicant can clearly demonstrate to the planning board that, because of the nature of his operation or use, the parking requirements of this section are unnecessary or excessive, the planning board shall have the power to approve a site plan showing less paved parking area than is required by this section; provided, that a landscaped area of sufficient size to meet the deficiency shall be set aside and reserved for the purposes of meeting future off-street parking requirements in the event that a change of use of the premises shall make such additional off-street parking spaces necessary. Anything in this section to the contrary notwithstanding, no certificate of occupancy shall be valid except for the particular use for which it was issued and any change on any premises previously approved under this subparagraph shall only be permitted after a new site plan shall have been submitted to and reviewed and approved by the planning board.
(i) Notwithstanding any other provisions of this chapter, the planning board may permit deviations pertaining to the above parking standards; provided that the applicant for site plan approval can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of the regulations is impractical or will result in a plan that is contrary to good planning practice
(13) Off-street Loading and Unloading Space:
(i) Every building, or part thereof, hereafter erected shall have, on the premises, one off-street loading space which shall be at least 10 feet in width, 25 feet in length and have a clearance of at least 14 feet above grade. Such loading space may occupy all or any part of the required side or rear yard but cannot occupy any required parking space.
(a) Subdivisions. The developer shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof:
(1) The subdivision plat shall conform to design standards that will encourage good development patterns within the Borough.
(2) The subdivision shall conform to the proposals and conditions shown on the Borough's official map and master plan particularly as they pertain to streets, drainage rights-of-way, school sites, public parks and playgrounds and other public lands.
(3) Where not shown on the master plan or official map, the arrangement and other design standards of streets shall conform to the following provisions of this section:
(i) Relation to Adjoining Street System. The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas. New subdivisions, that adjoin or include existing streets that do not conform to widths as shown on the master plan or official map, shall dedicate additional width along either one or both sides of said street. If the subdivision is along one side only, one-half of the required extra width shall be dedicated.
(ii) Projection of Streets. Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provision for the proper projection of streets.
(iii) Streets to be Carried to Property Lines. When a new subdivision adjoins unsubdivided land susceptible of being subdivided, then the new streets shall be carried to the boundaries of the tract proposed to be subdivided. The street arrangement shall be such as not to cause hardship to owners of such adjoining property in platting their own land and providing convenient access to it.
(iv) Street Jogs Prohibited. Street jogs with centerline offsets of less than 125 feet shall be prohibited.
(v) Dead-end Street or Cul-de-sac. Dead-end street or cul-de-sac, designed to be so permanently, shall not be longer than 600 feet unless topography or lack of other means for providing access to an area would necessitate greater lengths, and shall be provided at the closed end with a turn-around having an outside radius of not less than 50 feet. If a dead-end street is of a temporary nature, a similar turn-around having a curb radius of 25 feet shall be provided and provision made for future extension of the street into adjoining properties.
(vi) Intersections. The intersection of more than 2 streets at one point shall be avoided except where it is impracticable to secure a proper street system otherwise. Streets shall intersect one another at an angle as near to a right angle as possible, and no intersection of streets at angles less than 60 degrees shall be approved. Street intersections shall be rounded at the curb line with a curve having a radius of not less than 20 feet when such intersection occurs at right angles. If an intersection occurs at an angle other than a right angle, it shall be rounded with a curve having a radius acceptable to the planning board. In business districts, the planning board may permit comparable cut-offs or chords.
(vii) Street Deflections. When connecting street lines deflect from each other at any one point by more than 6 degrees and not more than 45 degrees, they shall be connected by a curve having a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.
(viii) Reverse Curves. A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
(ix) Street Grades. Grades of arterial and collector streets shall not exceed 4 Per cent. Grades on other streets shall not exceed 10 per cent. No street shall have a minimum grade of less than eight tenths of one per cent. All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and adequate sight distance.
(x) Reserve Strips. Reserve strips controlling access to streets shall be prohibited.
(xi) Half-street Prohibited. Half-streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and where the planning board finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever a half-street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.
(xii) Access to Streets Across Ditches. The developer shall provide access to all proposed streets, across all ditches, in a standard manner approved by the Borough engineer.
(xiii) Street Names and Numbers. Names of new streets shall not duplicate or so nearly duplicate an existing or platted street name as to be confused therewith, except that where such new street is a continuation of, or in alignment with, an existing or platted street is shall bear the same name. House numbers shall be assigned by the Borough engineer in accordance with the system now in effect in the Borough.
(xiv) Vacation of Streets. No arrangement or alignment of streets requiring the vacation of any street of part of a street dedicated to public use shall be approved, if such vacation interferes with the uniformity of the street pattern or any future street plans prepared for the area.
(xv) Private Streets. Private streets shall not be approved, nor shall public improvements be approved for any private street.
(4) Block length and width or acreage within bounding roads shall be such as to accommodate the size of lots required in the area by the zoning regulations and to provide for convenient access, circulation control and safety of street traffic.
(5) Block length shall not exceed 1,200 feet. A block shall be so designed as to provide 2 tiers of lots.
(6) In blocks over 900 feet long, pedestrian walk-ways 10 feet in width, 5 feet of which shall be paved, may be required in locations deemed necessary by the planning board for the public convenience and safety.
(7) Lot dimensions and area shall not be less than the requirements of the zoning regulations for the zone in which the lot in question is located.
(8) All lots shall abut by their full frontage on an approved street. Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines. 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.
(9) Corner lots for residential use shall have extra width to permit appropriate building setback from, and orientation to both streets. Lots abutting on a pedestrian walkway shall be treated as a corner lot.
(10) The planning board shall require that all lots shown on a plat shall be adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace. No lots shall be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard, but such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or as shall not produce unsatisfactory living conditions.
(11) All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots, rather than permitted to remain as unusable parcels.
(12) Easements with a right-of-way width of at least 10 feet shall be provided on each side of all rear lot lines and along certain side lot lines where necessary for utilities. All such easements or rights-of-way shown on a filed map shall be deemed dedicated to public use.
(13) Where a proposed subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose.
(14) Natural features such as trees, brooks, hilltops and view shall be preserved whenever possible in designing any subdivision containing such features.
(15) Where a proposed drainage right-of-way, school, park, playground or other public use shown on the master plan is located in whole or in part within a subdivision, the planning board may require, before approving the subdivision, that such drainage right-of-way, school, park, playground or other public sites be shown in locations and sizes suitable to their intended uses in accordance with R.S. 40:55D-1 et seq. The dedication of any such public space as provided herein shall not constitute an acceptance of the dedication by the Borough.
(16) Wherever appropriate, driveways shall be so designed as to allow motor vehicles to turn around on the lot in order to make it unnecessary to back any motor vehicle onto the street.
(17) For all major subdivisions, the developer shall arrange with the serving utility for the underground installation of the utility's distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the state of New Jersey board of public utilities and shall submit to the planning board, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance with the provisions of this paragraph.
(a) Site Plans. The developer shall observe the following requirements and principles in the development of a site plan or portion thereof:
(1) That the provisions of this ordinance and the Zoning Ordinance with respect to height, minimum lot areas, mandatory open spaces and the like are complied with.
(2) That adequate provision is made for off-street parking in accordance with this ordinance and that adequate traffic circulation and protection to adjoining property is provided.
(3) That adequate provision is made for the disposal of storm water as approved by the Borough engineer.
(4) That the location, design or construction of any building is not likely to involve risks of traffic congestion, public safety or hazard.
(5) That the design or construction of any building or use will not be so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent or nearby property.
(6) All parts of all yards not used for off-street parking areas shall be adequately landscaped, subject to approval by the planning board, and maintained in good condition.
(7) 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 on such parking lot. No sign, other than entrance, exit and condition of use signs, shall be erected or maintained without the prior approval of the planning board.
(8) All parking areas and structures shall be provided with adequate means of ingress and egress which shall be kept open and unobstructed at all times and which shall be designed to provide service driveways or aisles to meet the following minimum standards:
(9) Any entrance or exit from a parking area as permitted in this section shall be of a minimum width of 12 feet for one-way traffic and in multiples of 10 feet for traffic moving in opposite directions. Every parking lot shall provide a minimum 3-foot wide walkway parallel to the required access driveway unless waived by the planning board.
(10) Any 2 or more owners of business buildings may jointly sponsor off-street parking facilities, provided that the area of such joint parking facilities is at least equal to the total of the parking area requirements of each owner participating therein, and provided, further, that such jointly sponsored facilities comply with all the other requirements of this article.
(11) All matters pertaining to the establishment of off-street parking areas are hereby referred to the planning board for approval. Before approving, the board shall be satisfied that the proposed parking area will be adequate for the use or purpose it is intended to serve; that it is so located and arranged as to insure traffic safety; that adjacent properties are properly protected; and that all requirements of this section are complied with.
(12) No part of any off-street parking area shall extend into any required front yard unless specifically approved by the planning board.
(13) Off-street parking facilities as accessory to any use permitted in a residence district shall be provided on the same lot with the permitted principal building.
(14) Off-street parking facilities as required by this section shall be provided on the same lot with the principal building.
(15) All off-street parking areas designed to meet the requirements of this section shall be owned by the applicant except that parking may be permitted on contiguous property owned by others, upon proof that the applicant holds such contiguous property under irrevocable lease having a term of at least 50 years.
(16) The completion of the finished pavement or driveways, parking areas and buffer areas may be deferred at the request of the owner for a period not to exceed 6 months from the time the driveway is opened, provided a performance guarantee in amount satisfactory to the Borough council is posted with the Borough prior to the issuance of an occupancy permit for the building. If said performance guarantee is to be for an amount less than $3,000-00, the same shall be in the form of cash to be held in escrow, without interest. If said performance guarantee is for an amount greater than $3,000-00, the balance may be in the form of a surety bond.
(17) Any parking area hereafter created or improved within the Borough that has a paved area, including access aisles or driveways larger than 25,000 square feet shall be provided with shade trees at a ratio of 1 tree for every 6,000 square feet of paved area. Each tree shall be located within the paved area, within a planting area of not less than 100 square feet. The location of all required trees shall be approved by the planning board.
(a) The regulations and standards set forth in this Article 7 shall be considered minimum requirements with regard to subdivision and site plan applications and any deliberations and actions taken by the planning board under the terms of this article shall give primary consideration to the health, safety and welfare of the entire community.
(b) However, the planning board, when acting upon an application for preliminary or minor subdivision approval, shall have the power to grant such deviation relief from the applicable regulations and standards of this Article 7 as it may deem reasonable and within the general purpose and intent of the regulations and standards established under this article, provided that no such deviation relief shall be granted unless the planning board, after considering the developer's petition for relief and supporting proofs, finds:
(1) That the literal enforcement of one or more of the pro-visions of this article in the developer's particular case, is impracticable and will exact undue hardship because of peculiar conditions pertaining to the land which is the subject of the application and petition; and
(2) That the granting of the requested deviation relief will not be detrimental to the public health, safety and welfare of the community nor injurious to property in the area in which the premises are located.
(a) A developer who seeks any such deviation relief shall submit to the planning board, at the time the application is made, a written petition for relief which shall fully set forth the nature of the deviation relief requested and the pertinent facts upon which the developer will rely to establish the foregoing criteria. The petition thereafter shall be considered by the planning board with developer's accompanying application for subdivision or site plan approval at a public hearing held in accordance with the provisions of Article 4 hereof. No application for deviation relief shall be approved by the planning board until either it has received the county planning board's report with respect to the subject subdivision or site plan application and deviation relief requested, if such report is required, or until the period of time within which such report is required to be submitted has expired. If the planning board shall disapprove the requested deviation relief, the reason therefor shall be made known in writing to the developer and the developer thereafter shall remedy said application prior to further consideration by the board.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision, such person shall be subject to a penalty not to exceed $1000.00 and each lot disposition so made may be deemed a separate violation. In addition to the foregoing, the Borough may institute and maintain a civil action:
(a) For injunctive relief; and
(b) To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with R.S. 40:55D-56. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within 2 years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within 6 years, if unrecorded.
