Boroughof Watchung
COUNTY OF SOMERSET
STATE OF NEW JERSEY
PROPOSET)
Land Development
Ordinance
ChapterXXVIII
To be adoptedby the Mayor and Borough Council of the Borough of Watchung.
Chapter XXVII was adoptedby OrdinanceNo. OR:09/01on _,2009.
Amendments noted where applicable.
are
CODEDSYSTEMS LLC
608HIGHWAY NO. 71
SPRINGLAKE IIEIG}ITS. NEW JERSEY07762
PUBLIS}IED
2OO9
BY
CODEDSYSTEMS LLC
LAND DEVELOPMENT
TABLE OF CONTENTS
BOROUGH WATCHI.]NG
OF
CHAPTERXXVIII
LAND DEVELOPMENT
ARTICLE 28.100
TITLE AND PURPOSE
Page
28-101. T IT L E ........... ........................2801
28-102. AUTHORITYAND INTERPRETATION ................,.....280I
28-103. P U R P OS E S
. ........................2801
28-104. INTERPRETATION STANDARDS......,......
OF ...........280I
28-105. NUMBER OF PRINCIPALUSES,BUILDINGS AND
DWELLINGS PERLOT.. .....................2801
28-106. PROHTBTTED
USES........... .....................2802
28-107. C OMP L T A N CE,.................. ................ ...,..2802
ARTICLE 28.200
DEFINITIONS AND DESCRIPTIONS
28-20r. woRDusAG8........ ..........2803
28-202. WITH OTFmR
COMPLIANCE 2803
DEFIMTIONS.................................
28-203. DEFIMTIONSAND DESCRIPTIONS................. ........2803
ARTICLE 28.300
ZONING DISTRICTS AND ZONING MAP
28-30r. ZONING DISTRICTS ........2821
28-302. zo MN G MA P ............ ...... .2821
BOROUGHOF WATCHI]NG CODE
Page
28-303. INTERPRETATION ZOMNG DISTRICTBOUNDARIES,,,,,....
OF 2822
28-304. VILLAGECENTERHISTORICAL .........,
OVERLAY2ON8............. 2822
ARTICLE 28.400
ZONING DISTRICT REGULATIONS
28-40r. ZONINGDISTRICT
GENERAL ..............,.
REGULATIONS ..,.........2823
28-402. SINGLE-FAMILY DETACIIED DWELLING UNITS IN
NONRESIDENTIAL 2ONES......... ......2837
28-403. NONCONFORMNGSTRUCTURES, 2838
USESAND LOTS................
28-404. ''R-R'RURALSINGLE-FAMILY
RESIDENTIAL.............................2839
28-405. "R-A'' SINGLE.FAMILYRESIDENTIALAND''R-B''
SINGLE-FAMILY RESIDENTIAL................ ............2841
28-406. "B-A" NEIGHBORHOOD
BUSINESS... ......................2843
28-407. "B-8" PROFESSIONAL
AND OFFICE ........................2846
28-408. "B-C"HIGHWAYCOMMERCIAL............ ...................2848
28-409. "H-D"HIGHWAYDEVELOPMENT........ ....................2851
28-410. ''O-C''OFFICEBUSINESS/CONFERENCE
CENTER
OVERLAYDISTRICT ....2858
28-4rr. " QU "QU A R R Y ................... ...................... 2863
28-412. ''R-M-LI' MULTIFAMILY AFFORDABLE HOUSING 2865
...................
28-4t3. ''R-M-LII'' ONE-FAMILYRESIDENTIAL................ ...2867
28-4t4. 'R-M-L III'' ONE-FAMILYRESIDENTIAL............... ...2869
28-4t5. ''R-M-LIV'' ONE-FAMILYRESIDENTIAL............... ...2871
28-416. 'R-M-L V" MULTI-FAMILY HOUSING.... ..................2872
28-417. ,R-M-L VI' SENIOR HOUSING...
CITIZENAFFORDABLE 4
......,..,287
28-418. cE C 8 ME T E R Y ................... ...................... 2877
ARTICLE 28.500
C0NDITIONAL USES,FENCES & WALLS, SIGNS,PARKING,
AND SPECIAL ZONING PROVISIONS
28-501. USES......
CONDITIONAL .......................2879
28-502. FENCES
AND \VALLS................... .........2887
28-503. PARKING AND LOADTNGREQTTIREMENTS 2890
OFF-STREET ........
TABLBOFCONTENTS
28-504. srcNs ........,.lili
28-505. RE.REATT.NAND o,^;;;;; ...... ......28104
28-506. HOMEOWNERS'
ASSOCIATIONAND OTIIER OPEN
SPACEORGANIZATIONS............ ...28106
28-507. WIRELES TELECOMMUNICATIONS
S FACILITIES....................
28108
ARTICLE 28.600
DEVELOPMENT REQUIREMENTS AND STANDARDS
28-601. P U R P OS E ... ......................28117
28-602. DEVELOPMENT
GENERAL STANDARDS....................................28rr7
28-603. SOIL EROSIONAND SEDIMENTCONTROLSTANDARDS......28I25
28-604. MANAGEMENT
STORMWATER PLAN STANDARDS ....
........... 28129
28-605. IJTILITY AND PUBLICIMPROVEMENT
STANDARDS 28
.............. 135
28-606. STREET,INTERSECTION,SIGHT TRIANGLE, CURB,
SIDEWALK AND DRIVEWAY STANDARDS,,..................
28137
........
28-607. PARKINGAND LOADING................ ..28149
28-608. LIGIITTNGSTANDARDS........,........... .28154
28-609. LANDSCAPE
AND SHADE ..........................
TREESTANDARDS 28I 56
28-610. RECYCLING AND SOLID WASTE REQUIREMENTS
FOR NEW DEVELOPMENTSOF MULTI-FAMILY
RESIDENTIAL UNITS OR COMMERCIAL
INSTITUTIONAL.GOVERNMENT INDUSTRIAL OR
P R OP E R T r ES.................... ..................28164
ARTICLE 28.700
ZOMNG BOARDOF ADJUSTMENT, PLAI\NING BOARD,
AND VILLAGE CENTERHISTORICPRESERVATION COMMISSION
28-701. ESTABLISHMENTOF THE ZONING BOARD OF
ADJUSTMENT .............28167
28-702. POWERSAND JI]RISDICTIONOF TIIE ZONING
BOARD OF ADJUSTMENT........... ,,,28167
28-703. OF
ESTABLISHMENT TI{E PLANNING 28168
BOARD.........................
28-704. POWERSAND JURISDICTION TIIE PLANNING 8OARD...28168
OF
28-705. AND NOTICING..............
PUBLICHEARINGS .......28168
BOROUGH OF WATCHUNG CODE
page
28-',106. ESTABLISHMENT OF TIIE VILLAGE CENTERHISTORIC
PRESERVATION COMMrSSION.......... ................28169
ARTICLE 28.800
DEVELOPMENT APPLICATION REVIEW
PROCEDURESAND CHECKLISTS
28-801. JURISDICTIONOF RESPONSIBILITYDURING
DEVELOPMENT APPLICATIONREVIEW... ........28175
28-802. APPLICABTLTTY REQUIREMENTS
OF ................... .28175
28-803. SUBMISSIONOF MINOR SUBDIVISIONPLATS AND
MINOR SITEPLANS ...28177
28-804. SUBMISSIONOF PRELIMINARY MAJOR SUBDIVISION
PLATSAND PRELIMINARY MAJORSITEPLANS...,.............. 78
281
28-805. SUBMISSIONOF FINAL MAJOR SUBDIVISIONPLATS
AND FINAL MAJOR SITEPLANS ..28178
28-806. COMPLETEAPPLICATIONAND CFIECKLISTS .......2817
................... 9
28-807. REVIEW
COMPLIANCE PROCEDURE ....................28180
ARTICLE 28-9OO
APPLICATION FEES, GUARANTEES,INSPECTIONS
AND OFF.TRACT IMPRO\GMENTS
28-901. APPLICATION
Ii88S........ .....................28183
28-902. GUARANTEES,STARTOF CONSTRUCTIONPURSUANT
TO AN APPROVEDPLAN.AND INSPECTIONS.......................
28187
28-903. FORESCROW
ADDITIONAL PROVISIONS ..,...,,,,28199
DEPOSITS...
28-904. IMPROVEMENTS....................
OFF-TRACT ...,.,.,.....28202
ARTICLE 28-1OOO
AFFORDABLE HOUSING
2 8 - 1 0 0 1. PURPOSE
AND GENERALREQUIREMENTS ........28209
28-1002. D E F IN IT ION S .................... ....................28209
28-1003. DEVELOPMENT
REQUIREMENTS........ ..................282t0
28-1004. ADMINISTRATIONOF AFFORDABLE .......2821
HOUSING............... I
28-1005. AI]FIR]W{T]VE
MARKETING................ ....................28211
28-1006. INCOMELIMITS........ .....28215
TABLEOFCONTENTS
page
28-1007. AFFORDABILTTY
CONTROLS.,................. ...............282L5
28-1008. PRTCING
AND RENTALREQIIrREMENTS...................................28216
28-1009. OCCUPANCY
POLICIES
AND GI-IIDELINES.........,...,............,.....282T7
ARTICLE 28.1100
AFFORDABLE HOUSING DEVELOPMENT FEES
28-l 0l. FINDINGSAND PURPOSE................. ......................28219
28-rr02. D E F IN rT rON S.................... ....................28219
28-1103. DEVELOPMENTFEESCIIEDI.]LE ......28220
28-1t04. ELIGIBLE EXACTIONS,
INELIGIBLEEXACTIONS.
AND EXEMPTIONS............ ..............28221
28-1105. COLLECTIONOFDEVELOPMENT
FEES............ ...28222
28-1106. HOUSINGTRUSTFUND........... ..........28223
28-rra7. usEoF MoNEY....... .......28223
2 8 - l 1 0 8 . MONrTORrNG................... ....................28224
2 8 - 1 1 0 9 . SPENDING
PLAN........... .28224
2 8 - 1 1 1 0 . PENALTIES ...,..................28225
28-tttr. ONGOINGCOLLECTION DEVELOPMENT
OF FEES ..,..
............ 28226
ARTICLE 28.1200
ADMINISTRATION, PENALTIES, REPEALER, VALIDITY
28-r20r. ADMrNrSTRATION.......... .....................28227
28-1202. PENALTIES ......................28228
28-1203. REPEALER.. ......................28228
28-t204. VALIDITY OF ORDINANCE............. ...28228
APPENDICES
APPENDIXA FIGURES ................,,,..28A0I
AGREEMENT
APPENDIXB DEVELOPER'S .........28801
C AGREEMENT,.,....,...........
APPENDIX PERFORMANCE ........28C01
28DO
APPENDIXD APPLICATIONFOR DEVELOPMENT/CIIECKLISTS.............. 1
E
APPENDTX ZONTNG
MAP............. 28E01128F;02
...........
BOROUGH WATCHUNG
OF CODE
INDEX
LANDDEVEL.'MENT
rNDEX...... .....t819i
ARTICLE 28-1OO
TITLE AND PURPOSE
28.I01. TITLE
The title of this chaptershall be "Land Development
Chapterof the Boroughof
Watchung." (Ord.No. OR:-- g 28-101)
28-102. AUTHORITY AND INTERPRETATION
This chapter adopted
is pursuant theMunicipalLandUseLaw (Ntr-UL),N.J.S.A.
to
40:55D-1et seq. The standards and requirements the MLUL shall be usedin
of
companion (Ord. No, OR:-- g 28-
with this chapterand shall controlits interpretation.
t02)
28-103. PLIRPOSES
The purposes this chapterare the sameas thoseof the MLUL and are hereby
of
(Ord.No. OR:- g 28-103)
incorporated reference.
by
28.104. INTERPRETATION OF STANDARDS
A. The provisions this chapter
of shallbe heldto be minimumrequirements.
B. Wherethis chapterimposes greater
a restrictionthan is imposedandrequired
by otherprovisions law or by otherrules,regulations resolutions, provisions
of or the of
this chapter
shall control unlessthey arepreempted suchotherprovisions, which
by in
casethe provisionsof this chaptershall nevertheless remain a viable and valid
expression the interests concems the Boroughregarding applicable
of and of the subject
matter.
requiregreater
C. Whereotherlaws,rules,regulations resolutions
or restrictions
thanareimposed this chapter,
by the provisions suchotherlaws,rules,regulations
of or
shallcontrol.
restrictions
(Ord.No. OR:--$ 28-104)
28.105. NUMBER OF PRINCIPAL USES. BUILDINGS AND DWELLINGS
PERLOT
A. Unlessotherwise permitted this chapter, morethanone(1)
specifically by no
principal shallbe permitted anyone(1) lot.
use on
280r
28-106 BOROUGHOF WATCHLTNG
CODE
B. Unlessotherwise specificallypermitted this chapter, morethanone (l)
by no
principalbuildingshallbe permitted anyone(l) lot.
on
C. Unlessotherwise specificallypermitted this chapter, more thanone (1)
by no
dwellingunit shallbe permitted one(1) lot.
on
(Ord.No. OR:--$ 28-105)
28.106. PROHIBITEDUSES
prohibited
A. Billboardsarespecifically the
throughout Borough.
B. Boarding prohibited
houses specifically
are the
throughout Borough.
prohibited
C. Junkyardsarespecifically the
throughout Borough.
D. Adult bookstores,businesses showingX-ratedmoviesor live acts,massage
parlors, otherbusinesses
and dealingprimarilywith indecent obscene
or acts,
materials,
or paraphernalia specifically
are prohibitedwithin anyzonein the Borough.
not
E. All uses expressly permitted this chapter prohibited.
by are
(Ord.No. OR:- $ 28-106)
28.107. COMPLIANCE
A. No buildingor any otherstructure enlarged,
shallbe erected, added
altered, to,
reduced, in in
movedor changed useunless conformitywith the applicable requirements
of this chapter.
B. All applicable requirements this chapter
of shallbe met at the time a building
or any other structureis first erected,
enlarged,
altered,addedto, reduced, movedor
in
changed use.
C. All applicable requirements this chapter
of shall apply to the entirestructure,
wasinvolvedin the erection,
whether not the entirestructure
or enlargement, alteration,
addition, in
movingor change use.
reduction,
D. Reserved.
E. No structure land areain the Boroughshall be usedfor any purpose in
or or
any manner otherthanas specified this chapter
in and/orin accordancewith a siteplan
or subdivisionplat as specificallyapproved the PlanningBoardor Zoning Boardof
by
Adjustment, includingany conditions approval.
of
(Ord.No. OR:--$ 28-107)
2802
LANDDEVELOPMENT 28-203
ARTICLE 28.200
DEFINITIONSAND DESCRIPTIONS
28-201. WORDUSAGE
For the purpose this chapter,
of certainphrases wordsareherein
and as
defined
follows:
Wordsusedin the present tenseincludethefuturetense.
Wordsusedin the singular number includethe pluralnumberandvice versa.
Wordsusedto includethe malegender includethe femalegender vice versa.
and
The word "used"shall include "arranged," "constructed,"
"designed," "altered,"
"converted.""rented." or to
"leased" "intended be used."
The word "lot" includes words"plot" and"premises."
the
The word "building"includes word "structure."
the
The word "shall" is mandatory not discretionary.
and
The word "may" is discretionary not mandatory.
and
(Ord.No. OR:-- $ 28-201)
28.202. COMPLIANCE WITH OTIIER DEFINITIONS
Whenever word or tern is usedin this chapterwhich is not definedin this
a
chapter,but is defined in the Municipal Land Use Law (MLUL) or the New Jersey
ResidentialSite ImprovementStandards (RSIS),the word or tenn is intendedto be
consistentwith the meaningas definedin the MLUL or the RSIS and with the
permissiblestandards pertainingto the word or term. Any word or term usedin this
chapterwhich is not definedin this chapter in the MLUL or RSISis beingusedwith
or
a meaning standard
of as
usage defined Webster's
in New Intemational Dictionaryof the
EnglishLanguage, unabridged latestedition.
and (Ord.No. OR:-- g 28-202)
28.203. DEFINITIONS AND DESCRIPTIONS
The following words and termsshall havethe meanings indicatedbelow.For
as
of
ease reference,termsdefined belowareitalicizedwhereusedin this chapter.
Accessory Apartment: In accordance N.J.A.C.5:93-5.9 the Substantive
with of
Rules of the New JerseyCouncil on AffordableHousing,the term accessory
apartment shall meana self-contained dwelling unit with a kitchen,
residential
sanitary quarters, a privateentrance,
facilities,sleeping and which is createdwithin
an existinghome,or throughthe conversion an existingattached
of accessory
structure the samesite, or by an additionto an existinghomeor accessory
on
building. An accessory apartmentshall only be permittedin accordance with the
2803
28-203 BOROUGHOF WATCHLTNG
CODE
applicable of
requirements this chapterand the HousingElementand Fair Share
Plan that has receivedSubstantive
Certificationfrom the New JersevCouncil on
AffordableHousing.
Accessory Building, Structure: A building or structurethat is customarily
associated with and subordinate incidentalto the principal building(s)or
and
principal structure(s)and not intendedfor habitation.Any accessory
building or
accessory structureattached the principalbuildingshallbe considered ofthe
to part
principalbuilding.
Accessory Use: A subordinate whichdoesnot violatethis chapter, purpose
use, the
and
of which is subordinate incidentalto the principaluseand locatedon the same
lot thereto.
Addition: An extensionor an increase the floor area,height or coverage a
in of
buildingor structure.
Administrative Officer: The Clerk of the PlanningBoard or the Clerk of the
ZoningBoard of Adjustment, the casemay be, unlessa differentmunicipal
as
official is designated this chapterto administercertainof the responsibilities
by
for
specified the Administrative Officerin the MLLIL.
Adverse Effect: Conditionsor situations created a proposed
by development that
impose,aggravate lead to impractical,unsafeor unsatisfactory
or conditionson
properties including,but not limited to, inadequate drainage facilities, unsuitable
streetgrades, an
streetlocationsthat fail to compose effectivecirculationsystem,
failure to provideor makefuture allowance(s) access the interior portionof
for to
adjoininglots or for otherfacilitiesrequired this chapter,
by and dangerfrom fire,
flooding,erosion othermenace.
or
Affordable Housing: A residential
dwelling that is sold or rentedfor an amount
incomehousehold definedbv the New
within the meansof a low or moderate as
JerseyCouncilon AffordableHousing.
in
Alteration: As appliedto a buildingor structure, change rearrangement the
a or
partsor in the means ingress egress; an enlargement,
structural of and or whether by
extending a sideor by
on increasing height;or the movingfrom one locationor
in
positionto another.
submitting application development.
Applicant: A developer an for
Application for Development: The application form and all accompanying
documents for of
requiredby ordinance approval a subdivision plat, site plan,
planned development,conditionaluse,zoningvariance directionof the issuance
or
of a permitpursuant N.J.S.A.
to 40:55D-34 C.40:55D-36.
or
2804
LANDDEVELOPMENT 28-203
Attic: A spacebetweenthe ceiling beamsof the top habitablestory and the roof
rafters.Attic spacewhich has a stairwayfor access and egressand in which the
ceilingareaat a heightof seven feet four (7' 4") inchesabovethe attic floor is more
thanone-third(1/3) the areaof the floor next below shallbe considered storyfor
a
the purposes this chapter.
of
Basement:That portion of a building partly below and partly abovegrade,where
the ceiling of such areaaverages four (4) feet or more abovethe finishedgrade
wheresuchfinishedgrademeets outside
the shall
wallsof the building.A basement
a
be considered story whenthe distance from finishedgradeto the finishedsurface
of the floor abovethe basement morethansix (6) feet for morethanfifty percent
is
(50Vo) the total perimetersurrounding interior basement
of the areaor when the
distance from finishedgrade the finishedsurface the floor abovethe basement
to of
is morethantwelve(I2) feetat anypoint.
Bedroom:A roomplanned usedprimarilyfor sleeping.
or
Billboard: Any structure portionthereofon which letteredor pictorialmatteris
or
for
displayed advertising purposes
which is locatedon a site otherthanthe site to
whichthe advertisingrelates.
Board: The PlanningBoardor the ZoningBoardof Adjustment the Borough,
of as
thecasemaybe.
Boarding House: A building or part thereof,other than a building containing
apartments townhouses permitted this chapter,
or as by or
arranged usedfor lodging
monetary otherwise,
for compensation, or with or without mealsincluded,andnot
occupied a singlehousekeeping
as unit.
Borough: The Boroughof Watchung, County,New Jersey.
Somerset
Bridge: A structuredesigned conveymotorized/nonmotorized
to vehiclesand/or
pedestrians a watercourse,
over street otherobstacle depression,
railroad, or or
portionof land maintained a landscaped
Buffer or Buffer Strip: An unoccupied as
areaandusedto visibly separate structure usefrom another
one or structure use.
or
Buffer Screening:An unoccupied portionof landmaintained a landscaped
as area,
consistingprimarily of densely
planted fencingand/orwalls usedto
vegetation,
visuallyshieldor obscure abutting nearbystructure usefrom another.
one or or
Building: A structure temporary continuous
constructed the permanent,
for or
and
occupancy havinga roof.
Building Height: The verticaldistance
measured from the lowestexteriorfinished
gradeelevationadjacent the building to the highestpoint of the building in the
to
and
caseof flat roofs,or measured the meanlevel between eaves the hiehest
to the
2805
28-203 BOROUGHOF WATCHUNGCODE
point of the roof in the case of pitched roofs. In all caseswhere this chapter
providesfor height limitationsby reference a specifiedheight and a specified
to
numberof stories,the intent is to limit heightto the specifiedmaximumfootage
andthe specifiednumberof stories within saidfootage.
Cartway: That pavedportion of a street(public or private)or right-of-waythat is
for
intended vehicular movement.
COAH: The New Jersey
Councilon AffordableHousing.
Cellar: That portion of a building partly below and partly abovegrade,wherethe
ceiling averages than four (4) feet abovethe finishedgradewheresuchgrade
less
the
meets outside walls of the building,
Cemetery:Any land or placeusedfor the interment humanremains.
of
Certificate of Occupancy: The certificateissuedby the ConstructionOfficial
pursuant N.J.A.C.5:23 andin accordance this chapter
to with permittingthe useof
a structure.
Conditional Use: A usepermittedin a particularzoningdistrict whenit is shown
that such use in a specifiedlocationwill comply with all the conditionsand
for of
standards the locationor operation theuseasspecified Section
in 28-501 .
Conservation Easement:An easement favor of the Boroughfor the purpose
in of
preserving open space,aquaticbuffersand./or natural,scenic,aesthetic
the or
historicvalueof land andprecluding disturbance the area.
any of
Coverage, Building: Thatproportion a lot covered buildingsasmeasured a
of by in
horizontalplane aroundthe peripheryof the foundationand including the area
underanyroof extending morethantwo (2) feetbeyondthe foundation.
Coverage,Lot: That proportionof a lot covered impervioussurfaces. area
by The
in planeto the limits of the structure improvement.
is measured a horizontal or
Critical Areas: Wetlands,100-yearfloodplain or flood hazardareas,and lands
slopefifteen(157o)
with a topographic percent greater.
or
owneror owners a lot or of anylandproposed
Developer:The legalor beneficial of
to be includedin a proposeddevelopment, includingthe holderof an optionor
contractto purchase, otherpersonhavingan enforceable
or proprietaryinterestin
suchland.
Development:The divisionof a parcelof landinto two (2) or moreparcels, the
construction,reconstruction, conversion,structural alteration,relocation or
enlargement any building or other structure,or of any mining excavationor
of
or
landfill, andany useor change the useof anybuildingor otherstructure, land
in
2806
LANDDEVELOPMENT 28-203
of may be requiredpursuant the
or extension useof land, for which permission to
MLI-L.
Development Fees:Moneypaid by an individual,person, association,
partnership,
or
company, corporation the improvement propertyas permittedin N.J.A.C.
to of
et
5:92-18 seq.
Driveway: A privatetravelway providingaccess a lot to a street highway.
for or
Driveway Entrance: The areaof the drivewaywithin the right-of-waylimits of
extending
anystreet from thecartwayto the street
line.
Driveway Turnaround: An areaadjacent connected the drivewayproviding
and to
locationfor vehicles reverse
a convenient to direction.
Dwelling Unit: A room or seriesof connected rooms designedfor permanent
and
residency containing living, cooking,sleeping sanitary
and facilitiesfor one(1)
unit.
housekeeping A dwelling shallbe self-contained shallnot requirethe use
and
of outside passing
stairs, throughanother dwellingunit or any otherindirectroute(s)
to get to any portion of the dwelling unit, nor shall therebe shared facilitieswith
another housekeeping unit.
a. Apartment (rental or condominium): A building,otherthana building
of attached
townhouses, containing minimum of three (3) dwelling
a
units.
b. DetachedSingleFamily: A buildingcontaining and
sanitary
sleeping,
generalliving facilities which is physicallydetachedfrom any other
building or portion thereofand which is occupiedor intendedto be
occupiedfor residential purposes one (1) housekeeping only,
by unit
includinganydomestic servants
employed the
on premises.
c. Patio Home; A one-familydwellingunit on an individuallot which may
be attached a second
to one-familydwellingunit on an adjacentlot.
d. Townhouse:A building containingat leastthree (3), but no more than
eight (8), connected
dwellingunits,whereeachdwellingunit:
(1) Hasits own front andrearaccess the outside;
to
(2) Is not locatedoveranyportionof another
unit;
(3) Is separatedfrom any other dwelling unit by one (1) or more
fire
cornmon resistant walls;and
(4) Is compatiblydesigned relationto all otherunits,but is distinctby
in
suchdesignfeatures width, setback,
as roof design,color, exterior
materials, otherfeatures,
and singularlyor in combination.
2807
28-203 BOROUGHOF WATCHIJNGCODE
Enlargement:An additionto the floor areaof anyexistingbuilding,or an increase
in the sizeof any existingstructure, an increase that portionof a tract of land
or in
by
occupied anyexistinguse.
Equalized Assessed Value: The value of a propertydetermined the Borough
by
Tax Assessor througha process
designed ensure
to that all propertyin the Borough
is assessed the sameassessment or ratiosrequiredby law. Estimates the
at ratio at
time of buildingpermitmay be obtained theTax Assessor
by utilizing estimatesfor
construction cost.Final equalizedassessed value will be determined project
at
by
completion the Tax Assessor.
Erect: To construct,build, raise,assemble,place,affix, attach, paint,draw
create,
or in any otherway bring into beingor establish, it shallnot includeany of the
but
foregoingactivities when performedas an incident to the changeof advertising
message normalmaintenance repairof a signor signstructure.
or or
Estate Fence: An ornamentalfence style reminiscentof elegantwrought iron
customcraftsmanship. Fencingmaterialsshall be aluminum,steel,wroughtiron,
metalor composite; finishedor paintedin one (1) color only, harmonized with the
surrounding area. An estatefence sectionshall consistof a combinationof
horizontalrails and vertical picketsin either a straight,concaveor convexstyle.
Picketsmay not be fitted with finials or spearpointsat the top of the fence.Circles
and scroll castingsmay be addedbetween rails and picketsto enhance
the the
of
uniqueness the design.Each fence sectionshall attachto posts of similar
construction. Monumentalcolumns,which may be of wood, stone,brick or
masonryconstructionnot to exceedthree (3) feet of any side or diameterand
located thecomersof the fenceor drivewayentrance walkwayentrance.
at or
Family: The word family shallmeanthe same housekeeping
as unit.
Farm: A lot with at leastfive (5) acresof land devotedto the growing and
of
harvesting cropsand/orthe raisingand/orbreedingof animals,includingtruck
farms,fruit farms,nurseries greenhouses, cultureoperations,
and silva dairiesand
livestockproduce, exceptthat commercial piggeriesand commercialslaughtering
areprohibited.Structures incidentalto a farm suchas barnsand packing,grading
andstorage buildingsfor produceraisedon the premises; fences;buildingsfor the
keepingof permittedpoultry and livestock;and garages the keepingof trucks
for
and other equipmentusedin farm operations permittedwhen accessory a
are to
permittedfarm.
barrier of any materialor combination
Fence: An artificially constructed of
materialserectedto enclose,screenor separate areas.All fences shall be
in
symmetrical appearance, with postsseparated identical distances,
by with the
fencingconforming a definitepattemanduniformdesign.
to
2808
LANDDEVELOPMENT 28-203
Flag Lot: A lot whosebuildingarea, i.e., the "flag" portion,is connected the
to
streetgiving access it by a strip of land,i.e., the "pole" portion,whoseprincipal
to
purpose to providelegaland/oractualaccess the buildablearea. general,
is to In the
buildableareaof a flag lot is locatedto the rear of anotherlot(s) fronting on the
or
same intersecting street.
Floor Area, Gross (G.F.A.): The sum of the areaof all floors of buildingsor
structures.
Floor Area, Net Habitabte (N.H.F.A.): The finished and heatedarea fully
enclosed the insidesurfaces walls,windows,
by of doorsandpartitions including
working,living, eating,cooking,sleeping, stair,hall, serviceandstorage areas,but
excluding garages, parkingspaces,
carports, cellars, utility (heatingand cooling)
rooms, half-stories,and unfinishedattics and basements. Moreover,for the
purposes determiningthe off-streetparking requirements this chapterfor
of of
nonresidential any
uses, net habitable floor areahavinga headroom six andone-
of
half (6 ll2) feet or moreshallbe utilizedin the calculation.
Floor Area Ratio: The ratio of the srossfloor areaof all buildineson a lot divided
by the lot area.
Front Facade Area: The square footageof the total wall surfaceof the front of
building below the roofline,includingany windowsor doors.The front of the
buildingshallbe wherethe mainentrance located.
is
Garage, Private Nonresidential: An accessory building to a principal
building and use,which is utilizedprimarily for the parkingand
nonresidential
storage vehiclesoperated the customers,
of by visitors and employees such
of
buildinganduse,andwhichis not available the general
nonresidential to public.
building for the storageof motor
Garage, Private Residential: An accessory
regularlyoperated occupants the principalbuilding.
vehicles by of
Garage,Public: A building or portionthereof,otherthan a privatenonresidential
garage privateresidential
or garage,utilizedprimarilyfor the parkingandstorage
of
vehicles available the general
and to public.
Garage, Repair: Any building,premises and land in which or upon which a
business, serviceor industry involving the maintenance, servicing,repair or
is
paintingof vehicles conducted rendered.
or
Golf Course:A land areaat leastone hundred (100) acresin sizecontaining
an
(18) hole play area,together
eighteen uses
with necessary usualaccessory and
and
accessorystructures.
Grade: The slopeof a road,path,driveway,swaleor othersurface, the finished
or
groundelevationadjoininga buildingor structure projectcompletion.
at
2809
28-203 BOROUGHOF WATCHUNGCODE
Historic Resource: Any site, building,area,structure object importantin
or
Americanhistory or prehistory,architecture,archaeology and culture at the
State,
national, County,localor regional
level.
Homeowners' Association: An organization operatingin a development under
recordedagreements throughwhich eachlot owner shall be a memberand each
dwellingunit is subjectto a charge a proportionate
for of
share the expenses the
for
organization'sactivitiesand maintenance,
includingany maintenance costslevied
the
against association the Boroughin accordance N.J.S.A.40:55D-43.
by with
Hotel and Motel: A building or group of buildingsconsistingof individual
sleeping
unitsdesigned transient
for travelers not for permanent
and residency.
Housekeeping Unit: One (1) or morepersons living together one (1) dwelling
in
unit on a nonseasonal basisand sharingliving, sleeping,cookingand sanitary
facilitieson a nonprofitbasis.
Impervious Surface: As appliedto all surfaces, that portion of the premises
coveredby buildings, principal and accessory, and improvements, such as
driveways,parkinglots,pools,tenniscourts(except grass), porches,
patios, decks
andwalkways. surfaced
All parkingareas driveways, requiredparkingareas
and all
which are permittedto remain unsurfaced,and all gravel drivewaysand gravel
parkinglots shall be considered impervious
an surface the purposes this
for of
chapter.
Junk yard: Any space, whether insideor outsidea building,usedfor remuneration
in connectionwith the storage,keepingor abandonment junk, including scrap
of
or
metals otherscrapmaterials, for the dismantling,
or demolition,salvage,
resaleor
abandonment automobiles othervehicles machinery partsthereof.
of or or or
Land Disturbance:Any activity involvingthe clearing, or
cutting,excavating,
gradingof landor any otheractivitywhich alterslandtopography and/orvegetative
coverexclusiveof personal homegardening a homeowner their own real
or by on
propeny.
Loading Space:An off-streetspaceor berth on the samelot with a building or
parkingof a commercial
groupof buildingsfor the temporary vehiclewhile loading
or unloading.
parcel,tract,or areaof land established plat, or otherwise
Lot; A designated by as
permitted law, andto be used,
by developed built uponasa unit.
or
Lot Area: The areacontained within the lot linesof a lot and not includingany
right-of-way.
portionof a street
2810
LANDDEVELOPMENT 28-203
Lot, Corner: A lot abuttingthe intersection two (2) or more streets,
of wherethe
interiorangleof intersection doesnot exceed hundred
one thirty-five (135)degrees.
Eachcornerlot shallhavetwo (2) front yards(alongeachstreet), one (1) sideyard
and one (1) rear yard,the sideyard andrear yardsto be designated the time of
at
application a construction
for permit.
perpendicular
Lot Depth: The shortest or in
distance, radial distance the caseof a
curvedfrontage, the
between street line andthe midpointof the rearlot line.The lot
depthrequirementsshall apply to lots createdsubsequent the adoptionof this
to
(SeeFigure 1: Lot Depth and Lot Width graphic in Appendix A-).
chapter.
Lot Frontage:The distance between lot linesmeasured
side alongthe streetline.In
the caseof a cornerlot created to
subsequent the adoptionof this chapter,the
shorterstreetline shall equalor exceed minimum frontagerequirement,
the while
theotherstreet line shallequalor exceed applicable depthrequirement.
the lot
Lot. Interior: A lot otherthana corner
lot.
Lot Line: Any line forming a portion of the exteriorboundaryof a lot and is the
same line for thatportionof a lot abuttinga street.
line asthe street
Lot Width: The straightline distance betweenside lot lines measured the
at
minimum requiredfront yard setback line. In the caseof a cornerlot created
to
subsequent the adoptionof this chapter, width shall be measured
lot parallelto
the shorterstreetline along the minimum requiredfront yard setbackline. (See
Figure 1: Lot Depth and Lot Width graphic in Appendix A').
Low Income Housing: Housingaffordableaccording COAH regulations, a
to to
householdwith a total grossannualincomeequalto fifty (50Vo)
percent lessof
or
the mediangrosshousehold of
incomefor households the samesize within the
housing is by
regionin which the housing locatedas adopted COAH, andwhich is
to
subject affordabilitycontrols with COAH regulations.
consistent
Major Site Plan: Any siteplanthatis not classified a minor siteplan.
as
Major Subdivision:Any divisionof landnot classified a minor subdivision.
as
roof-like shelterextendingfrom part or all of a building
Marquee: A permanent
face.
MembershipSwim Club; A swimmingpool and the apparatus equipment
and
pertainingthereto,operated a membership
on basiswithout a daily admission
charge.
'Editor's
Note: Appendix A, referredto herein,maybefound at the end of this chapter.
28rl
28-203 BOROUGHOF WATCHUNGCODE
Minor Site Plan: Any planfor development
which:
a. Is limited to the proposedconstruction any permittedor accessory
of use
which is not exempted from siteplanreviewpursuant this chapter;
to or
b. Consistsof an expansion or additionto, an existing conforming
of,
structure from siteplan reviewpursuant
and./or which is not exempted
use
to this chapter which:
and
(1) for (5,000)square
Doesnot account morethanfive thousand feet
lot
of additional coverage;
(2) Doesnot exceed (1,000)square
morethanone thousand feet of
enclosed roofedarea;
and
(3) Doesnot involvea planned and
development;
(4) Does not entail the installationof any road improvements the
or
expansion of publicfacilities.
c. The minor site plan application shall containinformationreasonably
requiredin order to make an informeddetermination to whetherthe
as
requirementsestablished chapter approval a minor siteplan have
by for of
beenmet.
Minor Subdivision:Any divisionof landfor thecreation not morethanthree(3)
of
lots none of which can be further subdividedexcept upon filing of major
subdivision eachfrontingupon,andprovided
application, vehicular to,
access an
existingstreet in
eitherimproved accordance N.J.S.A.
with 40:55D-35 granted
or
in with
relieftherefrom accordance N.J.S.A. 40:55D-36. which:
and
a. Doesnot involve any new streetor access or
easement the installationof
or
any streetimprovements the extension Boroughfacilities,exceptas
of
maybe required alongthe street
frontage the subject
of property.
b. Does not involve any streets requiringadditionalright-of-way width as
in
specified the currentlyadopted Traffic CirculationPlanElementof the
BoroughMasterPlanand/orthe street of
requirements this chapter,unless
suchadditional right-of-way width,eitheralongone (1) or both sides of
is
said street(s), applicable, offeredin fee to the Boroughor to some
as
othergovernmental authorityprior to classification a minor subdivision
as
anddeeded overin fee asa conditionof anyapproval.
c. Doesnot involveanyrequiredoff-tractimprovements.
d. Doesnot involvea planned
development.
2812
LAND DEVELOPMENT 28-203
e. Is not deficientin thosedetailsand specifications
requiredof minor
as
subdivisions specified this chapter.
in
f. Is not a further division of an original tract of land for which previous
minor subdivision approval had beengrantedby the Boroughand where
the combinationof the proposedand any previously approvedminor
subdivisions constitute majorsubdivision.
a
of
C. Any readjustment lot lines resultingin no additionallots shall be
classifiedas a minor subdivision purposes the application
for of and
reviewrequirements in
specified this chapter.
Moderate Income Housing: Housingaffordable to
according COAH regulations,
to a household incomein excess fifty (507o)
with a total grossannual of percent
but
less than eighty (807o)percentof the median gross householdincome for
households the samesize within the housingregionin which the housing
of is
locatedas adoptedby COAH, and which is subjectto affordabilitycontrols
with COAH regulations.
consistent
et
MunicipalLand UseLaw or MLLIL: N.J.S.A.40-55D-1 seq.
NonconformingLot: A lot havingan areaanddimensions which werelawful prior
to the adoption, but
revisionor amendment this chapter, which fails to conform
of
requirements this chapter reason suchadoption,
to the currentlyapplicable of by of
revisionor amendment.
the and
NonconformingStructure: A structure, size,dimensions locationof which
werelawful prior to the adoption, of but
revisionor amendment this chapter, which
fails to conformto the currentlyapplicablerequirements this chapter reasons
of by
of suchadoption, revisionor amendment.
Nonconforming Use: A use or activity which was lawful prior to the adoption,
of
revisionor amendment this chapter, which fails to conformto the currently
but
applicable requirements this chapter reason such adoption,
of by of revisionor
amendment.
Nuisance: Any offensive, annoying,unpleasant obnoxious
or thing or practice
whichunreasonably with theenjoyment useof property.
interferes and
Open Porch: A porch that is openon three(3) sidesexceptfor possible wire
screening. porchshall not be considered be an openporchif it is enclosed
A to
eitherby permanent detachable
or glasspanes any of the three(3) opensides.
on
oftentimes
nonprofit organization,
Open SpaceOrganization: An incorporated,
called a "Homeowners' which operates
Association," under a recordedland
agreement andprovides
that:
2813
28-203 BOROUGHOF WATCHUNGCODE
a. Eachowneris automatically member;
a
b. Each occupieddwelling unit is automaticallysubjectto a chargefor a
proportionateshareof the expenses the organization's
for activitiesand
maintenance, including any maintenance costs levied against the
organization theBorough;and
by
c. has
Eachownerandtenant theright to usethe commonproperty.
Owner: An individual,firm, association, partnership, corporation
syndicate, or
havingsufficientproprietary to
interest seek of
development land.
Parking Area: Any public or privateareadesigned usedfor parkingof motor
and
vehicles,includingparkinglots and garage, legally designated
and areas public
of
streets.
Parking Space: Any areafor the parking of motor vehicleswithin a public or
privateparkingarea.
PermittedUse:Any useof landor buildingsaspermitted this chapter.
by
PlannedDevelopment:An areato be developed a singleentity according a
as to
plan in accordance
with the applicable of
requirements this chapterand which
includescommonor public openspace i.e.,
areaasan appurtenance; a development
in which the permittedbuildingsare groupedcloserto eachother than would
otherwise permitted,and in which the openspaceso savedremainsan integral
be
element the development.
of
Principal Building Envelope:The two-dimensional space within a lot definedby
the minimumrequiredyardsetback uponwhich a principalbuildingor
dimensions,
structure permittedto be built. (SeeFigure 3: Required Setbacks,Yards and
is
Principal Building Envelopegraphic in Appendix A-).
Principal Building, Structure or Use:A building,structure usethatis the main
or
or primarybuilding,structure useon thelot.
or
Private Street: A streetthat is not publicly maintained not intended be
or to
publiclymaintained.
ProfessionalResident Home Office: The office of a memberof a recognized
profession hereinafter
as indicatedwhen conducted a residentialpropertyand
on
conducted a memberor membersof the residentialfamily entirely within a
by
residential professional
architects,
building,andincludingonly officesof ministers,
engineers,land surveyors, lawyers,accountants, medicaldoctorsand dentists.
'
Editor's Note: Appendix A, referred to herein,maybefound at the end of this chapter.
28r4
LAND DEVELOPMENT 28-203
Public PurposeUses:The useof landor buildingsby the Boroughor anyofficially
created thereof.
authorityor agency
public landsor publicbuilding.
Public View: Visible from a publicthoroughfare,
Regional Retail Shopping Complex: A shopping centerwhich containsat least
sevenhundredfifty thousand (750,000) grosssquare feet of floor areaon at least
seventy(70) acresof contiguous land and which includesat least three (3)
commercialestablishments which individually occupy at least fifty thousand
(50,000)grosssquare feet of floor areaand at leasttwo (2) additionalcommercial
establishments
which individuallyoccupyat leastforty thousand (40,000) gross
feet
square of floor area.
ResidentialTool Shed:A building,accessory a detached
to dwellingunit, whichis
utilized for the storageof tools, lawn and gardenequipmentand furniture and
similaritemsof personal propertyownedby the occupants the detached
of dwelling
unit.
Restaurant: Any establishment, at
howeverdesignated, which food is sold
primarily for consumption the premises within a building,providingthat a
on and
drive-through window shallbe considered an accessory to the restaurant
as use
requiring conditionaluse approvalby the Borough where permittedand in
accordance provisions this chapter.
with the applicable of However,a snackbar or
refreshment standat a public swimmingpool, golf course, playground,playfieldor
park,operated solelyby the agency groupoperating recreational
or the facility and
for the convenience the patrons the facility, shallnot be deemed restaurant.
of of a
Right-of-Way: Any propertyeitherownedby the Borough,Countyof Somerset or
Stateof New Jerseyin fee simple,dedicated streetpurposes way of a filed
for by
plat approvedpursuantto the law or over which the Borough has an easement
whichis heldfor road,utility or anyothermunicipalpurpose.
Search Area: That geographic area (which may or may not extendbeyond
Boroughboundarylines) within which additionalwirelesstelecommunications
facilitiesarerequiredto providereliableandadequate
coverage with the
consistent
licensing of
requirements the Federal Commission.
Communications
Senior Citizen: A personwho is sixty-two(62) yearsof ageor older.
ServiceStation: Lands and buildingsproviding for the sale of automotivefuel,
lubricants,and automotiveaccessories. Maintenance minor repairsfor motor
and
vehiclesmay be provided,but no body repairsor painting or the storage of
inoperable, wreckedor unregistered vehiclesshall be permitted.Additionally,no
car wash operation, or truck rental,parkingfor a fee or other activity not
car
specifically part of the service
a stationshallbe permitted.
2815
28-203 BOROUGHOF WATCHUNGCODE
Setback:A line that is established minimumhorizontaldistance
a from the street
line or proposed streetline or lot line and beyondwhich a building or part of a
buildingis not permittedto extendtowardthe streetline or proposed streetline or
lot line (See Figure 3: Required Setbacks,Yards and Principal Building
Envelopegraphic in Appendix A-).
a. Front Yard Setback:The minimallyrequired between street
distance the
point of a buildingon a lot, measured
line andthe closest horizontallyand
at right angles eithera straight
to streetline or the tangent curvedstreet
of
lines, and extendingacrossthe full width of the lot. The requiredfront
yard setbackshall be measured from the streetline when the streetline
andpropertyline do not coincide.
b. Rear Yard Setback: The minimally requireddistance the
between rear
lot line and the closest point of a building on the lot, measured
horizontally and at right anglesto either a straightrear lot line or the
of
tangent curvedrear lot line, andextending across full width of the
the
lot.
c. Side Yard Setback;The minimally requireddistance between eachside
lot line and the closest point of a building on the lot, measured
horizontally and at right anglesto either a straightside lot line or the
tangent lines of curvedside lot lines,and extending from the required
front yardsetback therequired
to and
rearsetback lying between.
SharedDriveway: A singledrivewayservingtwo (2) or moreadjoininglots.
Shopping Center: A group of commercial establishmentswhich are planned,
constructedand managedas a total entity in accordance with a common
themeand which areprovidedon-sitecustomer employee
architectural and parking
andthe locationfor the deliveryof goodsseparated
from customeraccess.
Sight Triangle Easementat Intersection: A triangular area established in
accordance with the requirements this chapterin which no grading,
of plantingor
structureshall be erectedor maintained more than twelve (12) inchesabovethe
street
centerline exceptfor street fire and
signs, hydrants light standards.
Sign: Any object,device,display,or structure, part thereof,situated
or outdoors or
indoors, identity,display,direct,or attractattention
which is usedto advertise, to an
object,person,institution,organization, business, product, service,event,or
location anymeans,
by including words,letters,figures,design, symbols, fixtures,
colors, illumination,or projectedimages,providedthat the display of public
notices, flag, emblemor insigniaof the UnitedStates America,politicalunit,
the of
'Editor's
Note: Appendix A, refered to herein, maybefound at the end of this chapter.
2816
LANDDEVELOPMENT 28-203
temporarysigns or temporarydisplay in connection with a charity drive for
contributions
shallnot be considered
signsunderthe provisions this chapter.
of
Sign Area: The entireareawithin a continuous
perimeter enclosing limits of the
the
actualmessage copy area. doesnot includeany structural
or It elementsoutsidethe
limits of the sign surfaceand not forming an integralpart of the display.For
projectingor double-facedsigns,wherethe sign facesareparallel,the sign areaof
only one(1) displayfaceshallbe measured computing
in total signarea.
Sign, Business:A sign which directsattentionto a business,
industry,profession,
commodity, serviceor entertainment or offereduponthe samepremises
sold where
suchsignis located
Sign, Directional: A sign containingdirectionalinformationaboutpublic places
owned or operated Federal,Stateor local governments their agencies;
by or
publicly or privately owned natural phenomena, historic, cultural, scientific,
educationaland religioussites;and areasof naturalbeautyor naturallysuitedto
outdoorrecreation.
Sign Flashing: A sign,the illuminationof which is not kept constant intensityat
in
all timeswhenin use.
sign, Indirectly llluminated: An illuminatedsignwith illuminationthat is derived
from an external artificial source.
Sign, Nameplate:A signthat states nameor address both of the occupant
the or of
the premises
wherethe signis located.
Sign, Open House: A sign noticing a real estateevent wherebya residential
propertyin the Borough is made availablefor public inspectionwithout the
necessity an interested
of personhaving to make a specific appointment for
inspection.
Sign, Outdoor Advertising: A signwhich directsattention a business,
to industry,
profession,commodity,serviceor entertainment necessarily
not sold or offered
uponthe premiseswherethe signis located.
Sign,Professional: signlisting only thenameandprofession the practitioner.
A of
Sign,Projecting: A signthatis attached thebuildingwall andextends
to morethan
(18) inchesfrom the faceof suchwall.
eighteen
Sign,Revolving:A signwhichmovesin anymanner mechanical
by means.
Sign, Roof: A sign constructed supported
or upon the roof of any building or
structure.
28t7
28-203 BOROUGHOF WATCHUNGCODE
Sign, Temporary: A sign which is intended advertise
to communityor civic pro-
jects,real estate saleor lease, otherspecial
for or eventson a temporary basis.Ex-
ceptfor real estateand nonprofitcommunityor civic projects,all temporarysigns
shallrequirea zoningpermitexcept thosespecifically
for exempted this chapter.
by
Sign, Wall: A sign which is attached the wall of a building with the face in a
to
planeparallelto suchwall andnot extendingmorethaneighteen (18) inchesfrom
thefaceof the wall.
SteepSlope:Any slopeexceeding percent
ten (lOVo) grade.
in
Stormwater Detention Facility: Any stormdrainage techniquethat providesfor
the controlledreleaseof stored water and that also provides water quality
enhancement groundwater infiltration,such as bioremediation,
or detention or
basins,
retention parkinglot storage,
rooftopstorage, well, waterquality swales
dry
or anycombination thereof.
Story: That portion of a building includedbetween uppersurface any floor
the of
andthe uppersurface the next floor aboveit or, if thereis no floor aboveit, then
of
the surfacebetween floor and the ceiling next aboveit. For the purpose this
the of
chapter:
a. Theinteriorof a roof shallnot be considered ceiling.
a
b. Cellarsshallnot be considered story.
a
c. A basement shall be considered story when the distance
a from finished
gradeto the finishedsurfaceof the floor abovethe basement more than six (6)
is
feetfor morethanfifty percent (50Vo) thetotal perimeter
of the
surrounding interior
basement areaor when the distance from finishedgradeto the finishedsurface of
the
thefloor above basement morethantwelve(12) feetat anypoint.
is
d. Regardless the level of the finishedgradesurroundingit, a finished
of
basement and/orcellar in a nonresidential
buildingsshallbe considered storyfor
a
the purposes the height, floor area,and parking requirements this chapter,
of of
unless usedsolelyfor ancillarystorage.
e. A half-storyis the areaundera pitchedroof at the top of a building that
haspossible headroom seven
of feet four (7' 4") inches greater
or occupying less
thanone-third(1/3) of the areaof the floor next below.Additionally,in orderto be
a
considered "half-story,"the floor areaof suchspace shallnot be morethanthree
(3) feet abovethe line of the intersection the roof andwall face.An areaundera
of
pitchedroof at the top of a buildingthat is accessed a stairwayandthat hasarea
by
with possible headroom sevenfeet four (7' 4") inchesor greater
of occupyingone-
third (l/3) or moreof the areaof the floor nextbelowshallbe considered storyfor
a
thepurposes this chapter.
of
2818
LAND DEVELOPMENT 28-203
Street Line: The dividing line between street
the right-of-wayandthe lot which is
shown upon a plat approvedpursuantto law and recordedin the office of the
CountyClerk or which is approved official actionasprovidedby law. Wherethe
by
streetline has not beenestablished, streetline shall be assumed be twentv-
the to
five (25) feetfrom the centerline theexistingroad.
of
Structure: A combination materials form a construction occupancy, or
of to for use
ornamentation,whether on,
installed above belowthe surface a parcelof land.
or of
Subdivisionand Site Plan Committee:A committee by
appointed the Chairperson
of the Planning Board for the purposeof reviewing, commentingand making
recommendations respect subdivision siteplan applications.
with to and Only those
Committeememberswho are membersor alternatesof the Board having
jurisdictionto act havethe powerto voteon a matterinvolving a minor siteplanor
minor subdivision pursuant theMLUL.
to
Swimming Pool: A water-filledenclosure,aboveand/orbelow the ground,having
a depthof morethantwenty-four(24) inchesanddesigned,
usedandmaintained for
swimmingandbathing.
a. The term swimmingpool includeshot tubs and whirlpoolsand other
similarwater-filledenclosures.
b. The term swimmingpool includesall ordinaryappurtenances as
such
and
buildings,structures equipment.
c. Any portablepool that is not permanentlyinstalledand that meetsall of
the following criteria is not considered swimming pool and is not
a
to
subject the provisions this chapter:
of
(l) Doesnot requirewaterfiltration,circulation purification;
and
(2) Doesnot exceed (24) inches depth;
twenty-four in
(3) Doesnot exceed watersurface two hundred
a of fifty (250)square
feetl and
(4) Doesnot requirebraces supports.
or
Tract: An areaof land composed one (1) or more lots adjacent one another,
of to
havingsufficientdimensions areato makeone (1) parcelof land meetingthe
and
requirements this chapterfor the use(s)intended.
of
Use: The purpose activity for which land or structures arranged designed,
or are or
or the purpose activity for which eitherland or structures or may be, used,
or are,
occupiedor maintained.The term permitteduse does not include the term
nonconforming use.
2819
28-203 BOROUGHOF WATCHTINGCODE
WirelessTelecommunications Antenna: A systemof electricalconductorsthat
transmitor receiveradio frequencysignals,digital signals,analogsignals,or
electromagnetic
wavesfor wirelesscommunications.
WirelessTelecommunicationsEquipment Compound: A fenced-inareawhich
housesany combination wirelesstelecommunications
of buildings,
structures,
antennas, and/ortowers.
equipment
Wireless TelecommunicationsStructures, Antennas, Equipment and/or
Towers: Buildings and/orstructures equipment the receivingor sending
and for
wireless telecommunications exceptfor satellitedishantennas. purposes this
For of
definition,"wireless telecommunications structures,antennas,equipment and/or
towers"may be collectivelyreferred hereinas "wireless
to telecommunications
facilities."This definitionshallnot includeany tower,or the installation any
of
antenna, that is under fifty (50) feet in height and is owned and operated a
by
federallylicensed amateur radio stationoperator is usedexclusivelyfor receive
or
only antennas.
Wireless Telecommunications Tower: A verticalstructure for
designed and
intended support
to wireless antennas.
telecommunications
Yard: The openspace the
existingbetween principalbuildingor accessory
building
lot
andthe nearest line.
a. Front Yard: The openspace extendingacross full width of the lot and
the
lying between street
the point of any buildingon the
line andthe closest
lot. The depthof the front yardshallbe measured horizontallyandat right
to
angles eithera straight street or thetangent curvedstreet
line of lines.
b. Rear Yard: The openspace extending the
across full width of the lot and
lying betweenthe rear lot line and the closestpoint of the principal
building on the lot, The depth of the rear yard shall be measured
horizontally and at right anglesto either a straightrear lot line or the
tangent curvedrearlot lines.
of
c. Side Yard: The openspace extending from the front yard to the rearyard
andlying between eachsidelot line andthe closest point of the principal
building on the lot. The width of the side yard shall be measured
horizontally and at right anglesto either a straight side lot line or the
tangentlines of curvedsidelot lines.(SeeFigure 3: Required Setbacks,
Yards and Principal Building Envelopegraphic in Appendix A')
which shows
ZoningMap: The mapreferred in Anicle 28-300of this Ordinance
to
of
theboundaries the zoningdistrictswithin theBorough.
(Ord.No. OP-:O1l2l l; Ord.No. OR:- $ 28-203)
$
'
Fditor's Note: Appendix A, referred to herein,maybefound at the end of this chapter.
2820
LAND DEVELOPMENT 28-302
ARTICLE 28-3OO
ZONING DISTRICTS AND ZONING MAP
28.301. ZONINGDISTRICTS
For the purposeof this chapter, Boroughis divided into the following zoning
the
districts:
R-R RuralSingle-Family Residential
R-A Single-Family Residential
R-B Single-Family Residential
B-A Neighborhood Commercial
B-B Professional Office
B-C HighwayCommercial
H-D HighwayDevelopment
O-C Office Business/Conference Center
OverlayDistrict
QU Quany District
CE Cemetery
* R-M-L I Multi-FamilyAffordable
* R-M-L II One-Family Residential
* R-M-L III One-Family Residential
* R-M-L IV One-Family Residential
* R-M-L V Multi-FamilyHousing
* R-M-L VI SeniorCitizenAffordable
* Indicates
Residential
Mount Laurel-related
HousinsDistrict.
(Ord.No. OR:- $ 28-301)
28.302. ZONINGMAP
The boundaries the zoning districtsare established the Zoning Map of the
of on
Boroughof Watchung, (Ord.No. OR:-
which accompanies is part of this chapter.-
and
$ 28-302)
*Editor's
Note: The Zoning Map referred to herein may be found in Appendix E at the end of this
chapter.
2821
28-303 BOROUGHOF WATCHI.]NGCODE
28-303. INTERPRETATION OF ZONING DISTRICT BOT]NDARIES
A. Zoningdistrictboundary linesareintended follow street
to centerlines,
railroad
streams
rights-of-way, and lot lines as they exist on lots of record at the time of
of
enactment this chapterunlessotherwise indicated dimensions the ZoningMap.
by on
B. Any dimensionsshown on the Zoning Map are in feet and are measured
horizontallyand,when measured from a street,are measured from the streetright-of-
way line evenif the centerline that street usedfor the locationof the zoningdistrict
of is
line.
C. The exact locationof any disputedzoningdistrict boundaryline shall be
by
determined theZoningBoardof Adjustment.
D. The zoningstandards, apply to every structure,
controlsand designations lot
and use within eachzoning district, and the zoningdistrict boundarylines extend
from groundlevel.
verticallyin bothdirections
(Ord.No. OR:--$ 28-303)
28.304. VILLAGE CENTER HISTORICAL OVERLAY ZONE
A. The Village CenterHistoricalOverlayZoneis delineated the ZoningMap
on
and includesthe landswithin the centralportion of the Boroughknown as the "Town
in with
Center" accordance recommendations theBorough's
of Village Center
Historical
Commission.
Preservation
B. The provisions this chapter
of specificto theVillage CenterHistoricalOverlay
Zone and the Village Center Historical Preservation Commission,including its
membership,powersandduties,arelocated Article 28-700of this chapter.
in
(Ord.No. OR:- $ 28-304)
2822
LANDDEVELOPMENT 28-40r
ARTICLE 28-4OO
ZONING DISTRICT REGULATIONS
28-40I. GENERAL ZONING DISTRICT REGI.]LATIONS
The following zoningprovisions shall apply in all instances;inconsistencies
or
conflictinginterpretations
shallbe resolved accord
in with the provisions this chapter.
of
A. Floodplain DevelopmentRestrictions.No structureor use shall be moved,
added enlarged
to, and/orestablished, shallany fill be placednor shallthe elevation
nor
of any landbe substantially
changed, the floodplainhazard
in areaexceptin accordance
with the Floodplain-Flood HazardOrdinance* the Borough of Watchungor other
of
applicable or
statute regulation.
Buildings and Structures.
B. Accessory
Applicable all ZoningDistricts.
1. Regulations in
a. Exceptas otherwise permittedin this chapter, accessory
an building
attachedto a principal building shall comply in all respectswith the
requirements this chapterapplicable the principal building and shall be
of to
deemed partthereof.
a
b. The minimum requirements specifiedin this chapterfor accessory
shallnot applyto air conditioners,
structures underground sprinklersystemsor
similarappurtenances.
c. Any accessory building locatedoutsideof the principalbuilding
envelopeshall not exceed twelve (12) feet in height,nor shall it exceedfour
hundred(400)square in area.
feet
d. Any accessory structurelocated within the principal building
shallnot exceed buildingheightof theprincipalbuilding.
envelope the
e. The construction a permittedaccessory
of building or accessory
otherthanthe construction permitted
structure, of constructiontrailers,storage
sheds,or accessory buildingsfor farms, shall not proceedfasternor be
completed beforethan the construction the principalbuilding on the same
of
lot.
f. No detached accessorystructureor building shall be locatedin the
front yard areafor the principalbuilding,or within that areabetween front
the
line.
lot line andthe front vard setback
*Editor's
Note: SeeChapterX)(II for Flood DamagePrevention.
2823
28-401 BOROUGHOF WATCHUNGCODE
g. All accessory buildingsandaccessory on
structures a cornerlot shall
be set back from all streetlines as requiredby this chapterfor the principal
buildingon the lot.
h. Whenever accessory
any buildingis locatednearerto the rearor side
lot lines than that which would be permittedfor the principal building or
structure, said accessorybuilding shall be screened from view from the
adjoining properties
and/orstreet plantings.
by
i. Whenever any residentialdrivewayor residential parkingareais
permitted variance be located
by to nearer the rearor sidelot linesthanthat
to
which would be permittedfor the principal building or structure,said
residentialdriveway or parking areashall be screenedfrom view from the
adjoiningproperties plantings.
by
j. In connection with a subdivision siteplan and asmay be approved
or
by the Board,temporary constructiontrailersand one (l) sign not exceeding
thirty-two (32) square feet,advertising prime contractor,
the subcontractor(s),
architect, financinginstitutionand similar datafor the period of construction
of
beginningwith the issuance a construction permit and concludingwith the
issuance a certificateof occupancy one (l) year, whichever less,
of or is
providedsaidtrailer(s)andsignareon the sitewherethe construction taking
is
place,arenot on any existingor proposed and
street easement, are setback
or
at leastthirty (30) feet from all streetlines and lot lines.Additionalsigns
subjectto the samedimensions may be erectedas permittedby the Board
having jurisdictionuponreviewof an application.
2. Accessory -
Structures SpecialProvisions the R-R, R-A, and R-B
in
Single-Family Districts.
Residential
a. There shall be no minimum separation betweena
requirement
swimmingpool anda single-family dwellingunit.
detached
b. Any accessory building or structurethat is attached the principal
to
by
buildingor structure any means otherthanan unenclosed structureshallbe
deemedpart of the principal building or structureand shall comply in all
respectswith the requirements this chapterapplicable the principal
of to
buildingor structure-
c. Any accessory buildingor structure is connected the principal
that to
solelyby an unenclosed
buildingor structure shall be considered
structure
to
detached the purposes this chapterand sub.iect the requirements
for of for
accessorystructures.
2824
LANDDEVELOPMENT 28-401
3. Accessory StructureRestrictions to
Pertaining ParkingAreas,Driveways
and Stormwater DetentionFacilities.Any parking area,driveway or stormwater
detention facility servinga useshallbe deemed be an accessory
to structure, no
and
saidparkingarea,drivewayor stormwater detentionfacility that is accessory a
to
business industrialuse shall hereafter established any residential
or be in district.
Notwithstanding provisionsof this chaptergoverningpermittedusesand/or
the
permitted accessory uses, and
driveway(s) stormwater detention facilitiesservinga
development containinglow andmoderate incomehousingunits may be provided
on a lot in a differentzoneadjoiningR-M-L VI ZoningDistrict subject approval
to
by the Boardhavingjurisdictionandfurtherprovidedthat the areaof any suchlot
designated suchuse and adjoiningthe R-M-L VI Zoning District will not be
for
in
included the land areacalculation densitypurposes.
for
4. Residential Driveway Entrances. personshall constructor alter any
No
portionof a drivewayentrance within the limits of any municipalor privatestreet
within theBorough,withoutfirst obtaining street right-of-wayopening
a and permit
issued the office of the BoroughEngineer,
by whoseduty it shallbe to grantsuch
permitonly whenall the requirements specifications this chapter
and of havebeen
fulfilled. For drivewayentrances constructed within County or Stateroadway
rights-of-way,permitsmust be obtainedfrom the County or Stateas appropriate
andfiled with the office of the Borough Engineer.
C. Professional ResidentHome Offices.Wherepermitted, professional
resident
shallbe an accessory providedthatno more
homeofficesasdefinedin this chapter, use
(25Vo) thetotalfloor areais usedfor saidpurpose.
thantwenty-fivepercent of
D. Height Limits.
l. The heightof a building shallbe measured stipulated the definition
as in
of buildingheightin Section28-203.
dwelling unit are not bound by the height
2. Chimneyson a residential
of
restrictions this chapter.
3. Silos and bamson farmsare not boundby the heightrestrictions this
of
chapter.
4. Noncommercial radioandtelevision are
antennas not boundby theheight
restrictions this chapter
of in
provided:suchfeatures not exceed total coverage
do
fifteenpercent(l5vo) of the total roof area;
providedthatthe heightis not increased
by morethan fifteen percent(157o)thanthe maximumheightotherwise permitted
andprovided furtherthatno antenna shallexceedfifty (50) feet in height.
2825
28-40r BOROUGHOF WATCHUNGCODE
5. On a nonresidential principalbuilding,the following may be erected
abovethe maximumheight specifiedin this chapterfor the subjectbuilding
provided: suchfeatures not exceed total coverage
do in fifteenpercent(l1Vo)ofthe
total roof area;that the heightis not increased morethanfifteen percent(157o)
by
than the maximumheight otherwise permitted;and providedfurther that no said
appurtenance exceed
shall fifty (50)feet.
a. Penthouses other roof structures the housingof stairways,
or for
tanks,bulkheads ventilatingfans, air conditioning and similar
equipment
equipmentrequired operate maintain building.
to and the
b. Skylights,spires, flagpoles,
cupolas, chimneysand similar structures
with
associated thebuilding.
c. The parapetsused to screenthe roof-mountedstructuresand
equipment.
E. Open Spacein Relation to Yard Requirements.No open spaceprovided
around principalbuildingfor the purpose complyingwith the required
any of front, side
or rearsetback shallbe considered providingthe setback
requirements this chapter
of as
requirements any otherprincipalbuilding.Moreover, yard or otheropenspace
for no on
a lot shallbe considered providinga required
as or on
setback otheropenspace another
lot or for anyotherbuilding.
F. One Principal Structure per Single-FamilyResidentialLot. All lots in the
Districtsshallhaveno
R-R,R-A, R-B, R-M-L II, R-M-L III, andR-M-L IV Residential
morethanone(1) principalstructureerected
uponthem.
on
G. Maximum Lot Coverage SteepSlopes.
l. The maximumlot coverage (i.e.,the coverage impervious
of surfaces)
permitted steepslopeson existingandnewly created
on lots shall be basedon the
of
percentage slopeasfollows:
Maximum Permitted
Lot Coverageon
SlopeCategory: SlopeArea:
1 (Slopes
zeroto lessthanor equalto IUVo) As permitted the zone
in
2 (Slopesgreater less
thanlOVobut 83Voof that permitted in the zone
thanor equalto 2O7o)
3 (Slopesgreaterthan20Vo less
but 63Voof that permitted in the zone
thanor equalto 3070)
4 (Slopes
greater
than30Vo) 5070of that permitted in the zone
2826
LANDDEVELOPMENT 28-401
2. The maximumtotal permittedlot coverage lots containingone (l) or
for
morecategories steep
of slopes as
shallbe computed follows:
That part of the lot areacontainingslopecategory4 slopex 507ox
(maximum permitted coverage the zone)
lot in
+ that part of the lot areacontainingslopecategory slopex 63Vo
3 x
(maximumpermitted coverage the zone)
lot in
+ that part of the lot areacontaining 2
slopecategory slopex 83Vox
(maximum permitted coverage the zone)
lot in
+ that part of the lot areacontainingslope categoryI slope x I00Vox
(maximum permitted lot coveragein the zone) = Total permittedlot
coverage allowedon a lot.
H. Density Computations for Lots with SteepSlopes.Minimum lot sizesfor
newly created lots shall be increased densityof development
and shall be decreased in
areascontaining slopesgteater (lOVo),
thanten percent exceptthat no lot needbe larger
thanfive (5) acres.
l. The modificationshallbe determined multiplyingthe total landareain
by
variousslopecategories thefollowingfactors:
by
SlopeCategory Factor
4 (Slopes
greater
than307o) 0.0
3 (Slopes
greater but
than207o less thanor equal 307o)
to 0.5
2 (Slopes
greater
thanl07obut lessthanor equalto20Vo) 0.67
I (Slopes less
zero_lo thanor equalto IlEo) 1.0
\
2. The max'imumnumberof dwellingunits allowedon any tract shallbe
as
computed follows:
Area of landwith category slopes 0
4 x
+ Area of landwith category slopes 0.5
3 x
+ Area of landwith category slopes 0.67
2 x
+ Area of landwith category slopes 1.0
1 x
= Total Land Availablefor Development
(TLD)
TLD = Total number of dwelling units
Minimum Lot Area on tract
required/d.u.
2827
28-401 BOROUGHOF WATCHUNGCODE
I. Parking of Commercial, Recreational, Inoperable or Unregistered
Vehiclesin Single-FamilyResidentialZones.The following restrictions
shallapplyto
the parkingof commercial,
recreational, inoperable unregistered
or vehicles the R-R,
in
R-A, R-B, R-M-L I, R-M-L II, R-M-L III andR-M-L IV ResidentialZoningDistricts:
L Parkingof Commercial Vehicles. Not more than one (l) commercial
vehicleof a ratedcapacity exceeding andone-half(I ll2) tonswith two (2)
not one
axlesnot exceeding front and rear axle, ownedor usedby a resident the
a of
premises, shall be permittedto be regularlyparkedor garaged any residential
on
lot, providedthat saidvehicleis kept in a privategarage shallnot be permitted
and
to be regularlyparkedor storedon or in the vicinity of any suchpremises the in
openair. No commercial vehicleof a ratedcapacityof morethanone andone-half
(1 l/2) tons,whetherownedor usedby the resident the premises not, shallbe
of or
reguladyparked, stored garaged anypremises a residence
or on in zorredistrict.For
purposes this chapter,a commercial
of vehicleis a bus and/orvehiclecontaining
advertising matterintendingto promote interest anybusiness,
the of or
whether not
saidvehicleis registered a "commercial"
as vehiclein the Stateof New Jersey or
elsewhere, exceptthat this provisionshall not be deemed limit the numberof
to
commercial trucksor carsusedon a farm or construction equipment which is used
on the sitefor constructionpurposes.
2. Parking Recreational
of Vehicles.Traveltrailers, motorhomes,
campers,
horsetrailers,boat trailers,ATV and motorcycle trailersmay be parkedor stored
outdoorson any residentiallot only in a rear yard or side yard, behindthe front
edgeof the dwelling,in a locationwhich is ten (10) feet or morefrom the property
line and which areais screened from neighboring properties plantingsat least
by
five (5) feet in height.Suchvehicles trailersshallnot be usedfor temporary
and or
permanent living quarterswhile situated the lot. Suchvehiclesshallbe annually
on
licensed with a valid registrationand shallbe capable useon a public road;no
of
junkedvehicles shallbe permitted.
3. Parkingof Inoperable Unregistered
or Vehicles.No motor vehiclewhich
is incapableof being operatedor which lacks proper motor vehicle registration
platesaffixed to such vehicleor which is not currentlyregistered the Stateof
in
New Jersey elsewhere
or parkedor maintained a lot in any
shallbe kept,stored, on
suchzoneotherthanin a garage otherbuildingon the premises.
or
J. Maximum Percent of Lot Coverage.No lot shall exceedthe permitted
surfaces defined specified this chapter.
percent coverage impervious
of by as and in
2828
LANDDEVELOPMENT 28-40r
K. Subdivisionof Lots. Whena lot is to be subdividedfrom a lot which already
is occupied an existingbuilding,any subdivision the lot shallnot lessen of the
by of any
requirements this chapter
of pertaining the existingbuilding.
to
L. Outdoor Display. Business structures usesshallnot displaygoodsfor sale
or
purposes outsideof the structures areain which suchactivity is carriedon without
or
a
havingobtained specialpermit from the Boardof Adjustmentto displaysuchgoods.
The Board of Adjustmentshall not issuesucha permit unlessit is established the
by
applicantthat the propertyupon which suchdisplayis to be placedis not in a public
and
easement until a determination theBoardof Adjustment the displaydoesnot
by that
createa hazardfor motor vehicletraffic or pedestrians, it doesnot substantially
that
affectthe valueof adjoiningproperties that it is not injuriousto the healthand
and
welfareofthe general public.
M. Intersection Visibility. At the intersectionof two (2) or more streets, no
hedge, fenceor wall higherthantwo andone-half(2 ll2) feet abovecurblevel,nor any
to the (2
obstruction visionbetween heightof two andone-half l/2) feet to seven (7)
feet abovethe curb level, otherthan a post,treeor utility pole, shall be permittedwith
the triangularareaformedby the intersecting lines anda straightlinejoining said
street
streetlines at points which are twenty-five (25) feet distant from the point of
intersectionmeasured alongsaidstreetline.
N. Christmas Tree Sales. treesis permitted the
The annualsaleof Christmas in
B-A Neighborhood Commercial, B-C HighwayCommercial the H-D Highway
the and
Development Zoning Districts between last Saturday Novemberand December
the in
25, inclusive,providedthat all treesshallbe removed the premises
and no
cleared later
thanJanuary 1.
O. Poultry and Livestock Shelters.No animal poultry or livestockshelter,
whetherpermanent temporary,shall be locatedcloser than fifty (50) feet to any
or
propertyline or to any dwellingunit on the samelot.
P. Public Election Voting Places.The temporary of any propertyasa voting
use
placein connection
with a municipalor otherpublicelectionis permittedthroughout
the
Borough.
a. Public Utilities.
1. Lines. Public utility linesfor the transportation,
distributionor controlof
water,electricity,gas, oil, steam,cable televisionand telephone telegraph
or
communications permitted
are throughout Boroughandneednot necessarily
the be
on
located a lot.
2829
28-40r BOROUGHOF WATCHI.]NGCODE
2. Transformer and JunctionBoxes.Public utility transformer junction
and
boxesarepermittedthroughout Boroughandneednot necessarily located
the be on
a lot, providedthey are adequately screenedwith landscaping, fencing or a
combination the two (2) anddo not exceed
of three(3) feetin height.
R. Survey Plan for Foundations.A locationsurveyplan drawn by a licensed
land surveyoror civil engineershall be fumishedto the ConstructionOfficial no later
thanthe time of completionof the foundationon any structure being erectedas proof
thatthe locationof suchstructure to
conforms the requirements this chapter.
of
S. Community Residences and Community Shelters, Family Day Care
Homesand Child Care Centers.
1. Communityresidences the developmentally
for disabled,the terminally
ill, or personswith headinjuries and communityshelters victims of domestic
for
violence,as suchtermsaredefinedin the MLUL, shall be a permittedusein any
residential zoningdistrictandshallbe subject the samestandards restrictions
to and
for single-familydwellingunitslocated within the samedistrict,providedthat such
residence shelter
or houses morethanfifteen(15) persons
no excluding resident
staff,in accordance theprovisions N.J.S.A.
with of 40:55D-66.1 66.2.
and
2. Family day carehomesand child carecenters, suchtermsare defined
as
in the MLUL, shall be permitted in the Borough in accordance with the
requirements the MLUL.
of
T. Applicability to Municipal Development
and Parks and Open SpaceUses.
1. Any existing or proposedBorough-owned, operated,or controlled
facility, or useshallbe permitted anyzoningdistrict.
building,structure, in
2. Public playgrounds,conservation parks,openspaceusesshall be
areas,
principaluses any zoningdistrict.
permitted in
U. PerformanceStandards for all Uses.All use of land in the Boroughshall
comply with the following performance Theseprovisionsshall not apply to
standards.
any sewagetreatmentplant that has receivedapproval by the Departmentof
Environmental Protection.
1. Electricaland/orElectronic All devices
Devices. electricor electronic
shall be subjectto the standards,
rules and regulationspromulgated the
by
Stateand/orFederal
appropriate agency.
2. Glare.No use shall produce strong,dazzlinglight or reflectionof a
a
strong,dazzlinglight or glare beyondits lot lines. Exterior lighting shall be
shielded,buffered and directedso that glare, direct light or reflection will not
2830
LANDDEVELOPMENT 28-401
becomea nuisance adjoiningproperties,
to adjoiningunits, adjoiningzoning
districtsor streets.
Unlessrequired law, no lighting shallbe a rotating,pulsating
by
or with otherintermittent
frequency.
3. Heat.No useshall produce heatperceptible beyondits lot lines.Further,
no useshall be permittedwhich could cause temperature rise or fall in any
the to
body of water,exceptthat this provisionshallnot applyto any sewerage treatment
plantthathasreceivedapproval theDepartment Environmental
by of Protection.
4. Noise.Noiselevelsshallnot exceed standards forth in the General
the set
Code of the Borough of Watchungnor those standards by
established the
of
Department EnvironmentalProtection theymaybe adopted amended.
as and
5. Odor. Odorsdue to nonagricultural nonresidential
and usesshall not be
at
discernible the lot line or beyond.
6. Storageand Waste Disposal.No provision shall be made for the
of
depositing materials waste
or upona lot rvhere off
they may be transferred thelot
by naturalcauses forcesor wherethey can contaminate underground
or an aquifer
or otherwiserender such underground as
aquifer undesirable a sourceof water
supplyor recreation, wherethey will destroyaquaticlife. Provision
or shallbe
madefor all materialor wastewhich might causefumesor dust,which might
a
constitute fire hazardor which might be edibleor otherwise to
attractive rodents
and insectsto be enclosed appropriate
in in
containers order to eliminatesuch
potential
hazards. With respect solidwaste,
to eachpropertyownershall:
a. Assumefull responsibilityfor adequate and regular collectionand
removalof all refuse,exceptto the extentsuchservicesare providedby the
Borough,in which casethe propeftyownershallassume responsibility
full for
compliance goveming provisionof thoseservices.
with all regulations the
b. Comply with all applicableregulationsof the Departmentof
Protection.
Environmental
junk or
c. Permit no accumulation the propertyof any solid waste,
on
refuse.
d. Complywith all provisions the StateSanitaryCode,Chapter
of VIII,
Disposal,
Refuse, of
PublicHealthCouncilof theNJ Department Health.
e. Provide adequate, coveredsolid wastecontainers, exceptwhere
providedby the Borough,which are not to be storedwithin the public view
and which are to be securedfrom vandalism.Compactorunits shall afford
completely sealedoperation shallbe providedefficientvehicular
and access by
vehicles.
collection
283r
28-401 BOROUGHOF WATCHTINGCODE
7. Ventilation.No useshallobstruct naturalventilationof adjacent
the uses
nor contaminate air with excessive or odor.Further,no air conditioners
the heat or
exhaust fansshallbe permittedto discharge air
exhausted unlessthey comply with
the minimumbuilding setback requirements this chapterand are equipped
of with
bafflesto deflectthe discharged awayfrom the adjacent
air use.
8. Vibration. There shall be no vibration that is discernable the human
to
senses feeling beyondthe immediate line or beyond,exceptfor quarry
of lot
whichshallbe subject N.J.S.A
operations to 2l:lA-139.
9. Dust.Dust due to nonagricultural non-quarry
and shall not be
operations
permitted escape
to beyondthe immediate lot.
10. Radiation. useshall produce
No levelsof radiationin excess the level
of
established the Radiation
by ProrectionAct, L.1958,c.116(N.J.S.A.26:2D-let
seq.) and any standardspromulgatedpursuantthereto by the New Jersey
Department Environmental
of Protection.
I l. Air, Water,andEnvironmental Pollution.No useshallemit any pollutant
into the ground,water or air that exceeds most stringentapplicableFederal,
the
Stateor local statute,regulationandordinance.
No
12. Nuisance. use shall produceany nuisance, identifiablesourceof
any
injury or sickness, or noxiouswaters,
foul gases vapors
or thatmay be hazardous
or
injuriousto the public health,safetyandwelfare.
V. Flag Lots in the R-R, R-A and R-B Districts. As a result of the Borough's
concern with the impact of flag lots upon adjacentpropertiesand upon the
in
neighborhoods which they are located,it is the intent of this sectionto preventthe
creation new flag lots,exceptwithin the R-R,R-A andR-B Districtsandonly if all of
of
thefollowing conditions satisfied:
are
L All flag lots shallhavea lot areaof at leastthree(3) acres.
for
2. Requiredsetbacks flag lots, whetherfront, side or rear, shall be fifty
(50)feet.
3. The access strip or "pole" portionof eachflag lot shallbe at leasttwenty
(20) feetin width andshallbe excluded from thecalculation minimumlot area.
of
4. The "flag" portion of any flag lot shall containa principal building
envelope is at leastfifty (50) feetin everydirection.
that
2832
LANDDEVELOPMENT 28-401
5. All non-flaglots that are part of a subdivisioncontaininga flag lot shall
complyfully with all applicable
area,
dimensional setback
and standards.
6. The total numberof flag lots in any subdivision containing one (l) or
more flag lots shall not exceed numberof lots that could havebeenpermitted
the
without variance, the judgmentof the Boardhavingjurisdiction,if no flag lots
in
wereinvolved.
'1
. Prior to the creationof any flag lot, the Board havingjurisdiction shall
first determine that: (a) it will serveto reducepotentialdisturbance the natural
to
environment comparison a compliantsubdivision
in to without a flag lot; and(b) it
will result in the placement the potentialnew home(s)in an appropriate
of
relationship neighboring
to and
homes otheruses surrounding
on properties.
W. ResidentialDriveway and Parking Area Requirements.
L General Provisions. The residential driveway and parking area
requirements this section28-401W
of shall apply to and governall present
and
future single-familyresidentialusesincluding all grandfatherednonconforming
uses usesapproved variance.
and by
2. Constructionand Location of Drivewav Entrancesand Residential
Driveways.
a. General (May be waivedin accordance
Regulations with Section28-
401Ws).
(l) Drivewayentrance(s), properties
for frontingon Countyand
Boroughstreets, only the Boroughstreet.
shallaccess
(2) Drivewayentrances properties
for fronting on two (2) Borough
shallaccess lower orderBoroughstreet.
streets the
(3) Driveway entrances shall not be locatedwherevisibility is
limited due to horizontaland vertical curves,topographyand other
features sightdistance.
whichrestrictadequate
(4) Only one (l) drivewayentrance the streetis permittedfor
to
residential with lessthanonehundred
lots fifty (150)feet of lot frontage.
(5) No more than two (2) driveway entrances are permitted for
residential lots with a lot frontage of one hundred fifty (150) feet and
greater.
(6) Multiple residential driveway entrances on any individual lot
shall be separateda minimum of fifty (50) feet as measured along the
streetline from the edge of driveway to edge of driveway.
2833
28-40r BOROUGHOF WATCHT]NGCODE
(7) The edge of pavement a residentialdriveway shall be
for
locatedno closerthanfifty (50) feet to the intersection the streetlines
of
for the two (2) streets.
(8) Driveway entrance construction shall conform to the existing
gradeor to the proposed
street grades subdivisions site
final street for and
plans,All existingcurb cutsnot utilizedfor drivewaypurposes shallbe
and
removed replaced with full heightcurbing.
(9) Provisionshallbe madefor adequate streetdrainage acrossthe
drivewayentrance. Drainageculvertsif requiredshall be constructed of
reinforcedconcrete and shall be a minimum of fifteen (15) inchesin
diameter.Suchculvertshallbe installedat a sufficientdepthto permitthe
flow of stormwater.
unrestricted
(10) No portionof a drivewayentrance shallbe closerthanthree(3)
publicutility poleor fire hydrant.
feetto any structure,
(l 1) Residential
drivewaysshall have a minimum width of twelve
(12) feet anda maximumwidth of twenty-four (24) feet.
(12) Residentialdriveways of pavement,
shallbe constructed asphalt
concretepaving,block or gravel.Curbingwith graniteblock or other
is
materials optional.
(13) A streetand right-of-wayopeningpermit pursuantto Chapter
XVII of the Codeof the Boroughof Watchung, shall be requiredfor the
construction alteration any portionof a drivewayentrance
or of within the
right-of-wayof any public or privatestreet.Applicationfor suchpermit
shall be made to the office of the BoroughEngineer.For driveway
entrances constructed within County or Stateroadwayrights-of-way,
permits must be obtainedfrom the County or Stateas appropriate and
filed with the office of theBorough Engineerprior to construction.
b. (Variance
SpecificRequirements for
required noncompliance).
(l) Residential driveways in with the
shallbe located compliance
principalbuildingsideyard andrearyardminimumsetbackrequirements,
for
except shared driveways.
2834
LANDDEVELOPMENT 28-401
(2) Shareddrivewaysare not permittedexceptas approvedas a
variance the Boardhavingjurisdictionover the application.
by Private
accesscrosseasements required be recorded.
are to
(3) All residentialdriveway entrances a minimum of twenty
for
(20) feetin lengthfrom thecartway, prior to the issuance
shallbe surfaced
of a temporary final certificate occupancy.
or of
(4) Gradesof residentialdrivewayentranceshall not exceeda
(67o).
maximumof six percent
(5) Grades residential
of a
drivewayshallnot exceed maximumof
six percent(67o)within twenty-five(25) feet of the streetline and shall
not exceed maximum twelvepercent
a of (127o) elsewhere.
3. Construction Locationof Residential
and ParkingAreas.
a. General (May be waivedin accordance Section
Regulations with 28-
401W5).
(1) The minimumnumberof parkingspaces be providedfor any
to
residential use shall be determinedin compliancewith RSIS. In
determining numberof parkingspaces be provided,parkingspaces
the to
on residential drivewaysshallnot be counted, exceptthat an areain front
of each garagemay be countedas one (l) parking spaceprovidedthe
drivewayareaprovidesa minimumof onehundred fifty (150)squarefeet
in areaand providesa minimumof eighteen (18) feet in lengthbetween
the faceof the garagedoorandthe streetright-of-wayline.
(2) Drivewaysand/orresidential
parking areasshall allow for
vehicles turn around
to onsite.
(3) Residentialdrivewaytumaround areas locatedwithin the front
yardshallnot exceed
twenty-four(24) feetin any direction.
(4) Residentialparking areasshall be constructed asphalt
of
pavement. pavingblock or gravel.Curbingwith granite
concrete, block or
is
othermaterials optional.
b. (Variance
SpecificRequirements for
required noncompliance).
(1) Residential parking areasshall be locatedin compliance
with
the principalbuilding "one(1) side"yard andrearyard minimumsetback
requirements.
2835
28-40r BOROUGHOF WATCHUNGCODE
(2) Residentialparkingareaanddesignated
drivewayparkingspace
gradesshallnot exceedfour (4Vo).
percent
(3) No residentialparking area,except for residentialdriveway
turnaround areas,shall be permittedin the front yard in any residential
district(i.e.,from the front of the house the street
to line).
(4) Residentialparkingareas that providefor an excess six (6)
of
parkingspaces
residential shallbe bufferedfrom any adjacentresidential
landscaped at leastfour (4) feetin height.
usewith a continuous area
4. Residential
DrivewayAnd ParkingAreaLighting General
Regulations.
a. All freestanding lighting for drivewaysand off-streetparkingareas
shallbe incandescent lightingand shallbe so shielded
type (i.e.,concealed
sourcenon-glare lighting), arranged and focusedso as to reflect the light
downward and away from adjoining streetsand adjoining residential
properties.
b. Lighting shallbe providedby fixtureswith a mountingheightof not
more thaneight (8) feet at the streetentrance not more thantwo (2) feet
and
along the driveway measured from the ground level to the top of the light
fixture.
5. Waiver. The provisionsset forth within this Section 28-401W are
designed minimumrequirements the safetyandwelfareof the general
as for public.
However,if an applicantcan demonstrate to
that, with reference the application,
that strict enforcement Sections
of 28-40IW2a.and 28-401W3a. will exactan
the
unduehardship, ZoningOfficer,upona writtenfinding that the waiverwill not
constitute threatto the safetyandwelfareof the general
a public, may permit such
waiveror waiversasmaybe reasonable within saidgeneral
and purposes.
X. StatewideSite Improvement StandardsAct. To the extentrequiredby law,
Site Improvement
the provisions this chaptershallbe superseded the Residential
of by
Standards (RSIS).
Y. Frontage Modifications. The minimum requiredlot frontage shall be the
same the minimumrequiredlot width, exceptwherea lesser
as frontageis permitted by
this chapter(e.g.,in the R-R District) andexceptwherethe lot frontagein its entiretyis
a curve with an outsideradiusof lessthan five hundred(500) feet, the minimum
required frontageshall not be lessthan seventy-five percent(757o)of the required
minimum lotwidth.
2836
LANDDEVELOPMENT 28-402
Z. Affordable HousingGrowth Share.
Provisions Constructing
1. General for AffordableUnits.
a. Affordable housingunits being constructed onsite or offsite shall
meetthe requirements the Borough's
of AffordableHousingOrdinance*, and
shallbe in conformance COAH'sthird roundrulesat N.J.A.C.
with 5:94-l et
seq.andthe UniformHousing Affordability at
Controls N.J.A.C. 5:80-26.1 et
seq.,including,but not limited to, requirementsregardingphasingschedule,
on
controls affordability, low/moderate incomesplit,heatingsource,maximum
rent and/or salesprices,affordabilityaverage, bedroomdistribution,and
affirmativemarketing.
b. To the greatest extent possible,affordablehousingunits being
providedwithin inclusionary developments shall be disbursed throughout
inclusionary and
developments shallbe located to
within buildingsdesigned be
architecturallyindistinguishable from the market-rate units otherwisebeing
constructedwithin the development. that end,the scale,
To massing, roof pitch
and architecturaldetailing(suchas the selection exteriormaterials,
of doors,
windows,etc.)of the buildingscontaining affordable
the housing unitsshallbe
similarto andcompatible with thatof the market-rate
units.
(Ord.No. OR:- $ 28-401)
2 8 . 4 0 2 . S IN GL E .F A MIL Y DETACHED DW ELLING UNITS IN
NONRESIDENTIAL ZONES
Any single-familydetached in
dwellingunit located theB-A, B-8, B-C, O-C,H-D
or QU Zoning Districts and existingas of the dateof adoptionof this chaptershallbe
permitted construct
to additions the detached
to accessory
dwellingunit and/orconstruct
buildingswithoutan appeal variance
for relief providedthat:
thereonconform in all respects the
A. The existing lot and improvements to
minimumrequirements this chapter detached
of for dwellingunitsin the R-R District.
B. The addition(s)to the detached of
dwelling unit and/orthe construction any
accessory building(s)do not violate any of the requirements this chapterfor
of
in
development the R-R District.
(Ord.No. OR:- $ 28-402;Ord.No. OR:08/03 1; New)
$
+Editor's
Note: Affordable Housing regulationsmay be found in Articles 28-1000 and 28-1100.
2837
28-403 BOROUGHOF WATCHUNGCODE
28.403. NONCOMORMING STRUCTI.JRES,
USESAI\D LOTS
A. Continuance. Any existing nonconforming structureor nonconforming use
existingat the time of the passage thischapter
of maybe continued uponthe lot or in the
so and
structure occupied, any suchstructure in
may be restored repaired the eventof
or
partialdestruction in with
thereof, accordance thefollowingrequirements.
1. No nonconforming use shall be expanded, or
increased extendedto
areaof land.
occupya greater
2. No structure containing nonconforming shallbe enlarged,
a use extended,
constructed, or
reconstructed structurally alteredin any mannerwithout an appeal
for variancerelief. The additionor subtraction landsassociated
of with a structure
containinga nonconforming use shall require varianceapprovalpursuantto
N.J.S.A. 40:55D-70c.
3. Structural alterations,internal rearrangements, renovationsand/or
structural additions may be made to a nonconformingstructure provided the
structuredoes not contain a nonconforming use and provided such alterations,
rearrangements, renovations do the
and/oradditions not exacerbate nonconforming
conditionandotherwise fully complywith therequirements this chapter.
of
4. Repairsand maintenance work required to keep a structurein sound
conditionmay be madeto a nonconformingstructure to a structure
or containing a
nonconforming providedno suchrepairsor maintenance
use work shall increase
the nonconformity in any manner and shall otherwise fully comply with the
requirements this chapter.
of
5. A nonconforming may be altered, not enlarged extended,
structure but or
during its life to an extentnot exceeding aggregate
in fifty percent(50Vo) the
of
currentrecorded assessed value,as appraised the Tax Assessor's
true in records,
of
the structureunlesssaid structureis changedto a structureconforming to the
of
requirements this chapter.
6. Should any nonconforming structureor any structurecontaininga
nonconforming be destroyed any means at leastfifty percent(50Vo)
use by by as
determined the Construction
by exceptin
Official, it shall not be reconstructed
conformitywith the provisions this chapter.
of Reconstruction a nonconforming
of
structure structurecontaininga nonconforming that is destroyed
or use lessthan
fifty percent (50Vo)may be restored its prior conditionprovidedthat it may not
to
enlarge previously
the existingnonconformance.
B. NonconformingLots. No lot that is nonconforming with regard to the
minimum lot area or dimensionalrequirements
shall be further reducedin size or
the
modifiedso asto increase nonconformingdimensionalcondition.
2838
LANDDEVELOPMENT 28-402
C. Abandonment.A nonconforming shall be considered
use if
abandoned such
nonconforming is terminated the owner.If the ownerfails to usethe property
use by for
a periodof twelve(12) consecutive months, shallbe determined be abandoned;
it to
suchbuilding, structureand/orland shall not be usedin a nonconforming
thereafter,
manner.
D. Reversion.No nonconforming shall,if oncechanged
use into a conforming
backagaininto a nonconforming
use,be changed use.
E. Residential Driveway Entrances, Driveways and Parking Areas. Any
existingnonconforming residential drivewayor parkingareamaybe
drivewayentrance,
continuedupon the lot, and any such nonconforming residentialdriveway entrance,
driveway or parking may be repairedor maintained unlessthe existing primary
is
residence demolished the buildingimpervious
or in
coverage increased sizeby
is
morethanone thousand (1,000)square feet.However,no repairor maintenance work
the
shallexpand nonconformity anymanner.
in
F. Lots Not Conforming with Lot Depth, Lot Width and Lot Frontage
As
Requirements. of the effectivedateof this chapter, pre-existing,
any developed
lot
shall not be subjectto the newly createdstandards lot depth and/orto the newly
for
created for
standards lot frontageand./or width applicable cornerlots hereinset
lot to
the
forth unless owneror developer suchlot shall file a Deed of subdivision
of for
lots
conforming or applyfor subdivision approval suchpre-existing
of lot.
28.404.''R.R'' RURAL SINGLE.FAMILY RESIDENTIAL
A. Principal Permitted Useson the Land and in Buildings.
1, Detached dwellingunits.
single-family
2. Farms,providedthat said useshall have a minimum lot areaof five (5)
acres.
3. Publicandprivatenonprofitschools.
4. Public playgrounds,
conservation parks,open spaceand public
areas,
purposeuses.
5. Houses worship.
of
providedsaid use shall have a minimumof one hundred
6. Golf courses
(100)acres.
swim clubsasa conditional
7. Membership use.
2839
28-404 BOROUGHOF WATCHI-]NGCODE
UsesPermitted.
B. Accessory
1. Accessory in
structures accordance Section
with 28-40L
2. Private residentialswimming pools, bathhouses, cabanasor other
structurescustomarily
incidental a
to privateswimmingpool,providedthatthepool
is located the rearyardonly, is no closerthantwenty(20) feet to any lot line and
in
no
occupies morethanseventy-five percent(75Vo) therearyardarea.
of
3. Private tennis courts and other usual recreationalfacilities and
landscaping features,such as trellises and gazebos, with
customarilyassociated
dwellingunits.
residential
4. Residential sheds exceeding
tool not twelve(12) feet in heightand./or
four
hundred(400) square feet in total areausedfor only the storage objectsowned
of
by theresidents the property.
of
5. Off-streetparking and privateresidential
garages,
either attached
or
detached.
6. Fences walls in accordance Section
and with 28-502.
7. with
Signsin accordance Section28-504.
8. Low andmoderate apartments a conditional
incomeaccessory as use.
resident
9. Professional with
homeofficesin accordance Section28-40IC.
C. Maximum Building Height.
No principalbuilding shall exceedthirty-five (35) feet in heightand two and
(2 1/2)stories.
one-half
Houses worshipshall not exceed
of thirty-five (35) feet and two and one-half
(2 l/2) storiesexceptaspermitted Section
in 28-40ID ofthis chapter.
2840
LANDDEVELOPMENT 28-405
D. Area and Yard Requirements the R-R District.
for
DetachedDwelling Housesof Worship
Units & Schools
PrincipalBuilding
Minimum
Lot Area 60,000s.f. 10 ac.
Lot Frontage 100' 200'
Lot Width 150' 200'
LotDepth 200' 300'
Front Yard 50' 75'
SideYard - one(both) 15'(50) 50'
RearYard 35' 100'
AccessoryBuilding
Minimum
Distance SideLine
to 10' 50'
Distance RearLine
to 10' 50'
Distance OtherBuildine
to 20' 20'
Maximum
Building Coverage I5Vo l5Vo
Lot Coverage 25Vo 25Vo
MinimumNet HabitableFloor Area 2,000s.f. N.A.
E. Off-StreetParking.
l. SeeSection28-503for parkingrequirements.
(Ord.No. OR:- $ 28-404)
28.405. IIR.A'I SINGLE.FAMILY RESIDENTIAL AND IIR-BII SINGLE.
FAMILY RESIDENTIAL
A. Principal Permitted Useson the Land and in Buildings.
l. Detached dwelling
single-family units.
2. Publicandprivatenonprofitschools.
3. Public playgrounds,
conservation parks,open spaceand public
areas,
purposeuses.
4. Houses worship.
of
2841
28-405 BOROUGHOF WATCHUNGCODE
B. Accessory
UsesPermitted.
1. Accessory
structures accordance Section
in with 28-40I.
2. Private residential swimming pools, bathhouses, cabanasor other
structures incidental a privateswimmingpool,providedthat thepool
customarily to
in
is located the rearyardonly, is no closerthantwenty(20) feet to any lot line and
occupies morethanseventy-five
no percent(75Va) therearyardarea.
of
3. Private tennis courts and other usual recreational facilities and
landscaping features,
suchas trellisesand gazebos, associated
customarily with
residential
dwellingunits.
tool
4. Residential sheds the storage objectsownedby the residents
for of of
the property,
eachnot exceedingfour hundred(400)square
feet in areaandtwelve
(12)feetin height.
5. Off-streetparking and privateresidential
garages, or
either attached
detached.
6. Fences wallsin accordance Section
and with 28-502.
7. Signsin accordance Section
with 28-504.
resident
8. Professional with
homeofficesin accordance Section28-40IC.
C. Maximum Building Height.
1. No principalbuilding shall exceedthirty-five (35) feet in heightandtwo
(2ll2) stories.
andone-half
2. Houses worshipshallnot exceed
of thirty-five (35) feet in heightandtwo
andone-half(2 Il2) storiesexceptfurtheraspermittedin Section28-401Dof this
chapter.
for
D. Area and Yard Requirements the R-A and R-B Districts.
Dwelling Units
Detached Houses Schools
R-A R-B of Worship
PrincipalBuilding
Minimum
Lot Area 20,000 s.f. 15,000 s.f. 10ac. 10ac.
LotFrontage 100' 75' 200' 300'
Lot Width 100' 75' 200' 300'
Lot Depth 150' 150' 300' 600'
FrontYard 50' 35' 100' 100'
SideYard-one(both) 12'(36') 8'(18') 50' 100'
2842
LANDDEVELOPMENT 28-406
Detached
Dwelling Units Houses Schools
R-A R-B of Worship
AccessoryBuilding
RearYard 35' 35' 100' 100'
AccessoryBuilding Minimum
Distance SideLine
to 10' l0' 50' 50'
Distance RearLine
to l0' l0' 50' 50'
to
Distance OtherBuilding 20' 20' 20' 50'
Maximum
BuildingCoverage l5%o 20Vo l5%o 8Vo
Lot Coverage 25Vo 307o 25Vo 25Vo
Minimum
NetHabitable FloorArea 1,500s.f. 1,500s.f. 1,500s.f. N.A.
E. Off-StreetParking
1. SeeSection28-503forparkingrequirements.
(Ord.No. OR:-- $ 28-405)
28.406.'IB.AII NEIGIIBORHOOD BUSINESS
A. Principal Permitted Useson the Land and in Buildings.
1. Retailbusiness
activities thefollowing type:
of
a. foodstuffs dry goods.
Groceries, and
b. liquors.
Package
c. Drugsandpharmaceuticals.
d. and
Confectionery bakery.
e. parlor.
Funeral
f. Floristandgardening
supplies.
g. Stationery.
h. Hardware paints.
and
i. Radioandtelevisionsales repairservices.
and
j. Booksandtobacco.
k. and
Periodicals newspapers.
2843
28-406 BOROUGHOF WATCHIJNGCODE
l. Antiques.
m. Barberandbeautyshops.
n. Tailoringanddressmaking.
collection, not processing.
o. Dry-cleaning but
p. Shoerepair.
q. and
Computers telecommunications sales repairs.
accessory and
2. Banks.
offices,photographic
3. Professional and
studios realestateoffices.
4. and provided
Restaurants cafes, out
thatno food is consumed of doors.
B. Accessory
UsesPermitted.
1. Off-streetloadingand parkingand privatenonresidential
garages,
either
or
attached detached.
2. Storage buildingsnot exceeding hundred
two (200)square in sizeand
feet
fifteen(15) feetin height.
and
3. Fences wallsin accordance Section
with 28-502.
4. with
Signsin accordance Section28-504.
C. Maximum Building Height.
l. No principalbuilding shallexceedthirty-five (35) feet in heightand two
andone-half(2 1/2)stories.
2. No accessory buildinglocatedwithin theprincipalbuildingenvelope
shall
twenty-five(25)feetin heightandtwo (2) stories.
exceed
3. No accessory building locatedoutsidethe principalbuildingenvelope
fifteen(15) feetin heightandone(l) story.
shallexceed
D. Area and Yard Requirements the B-A District.
for
PrincipalBuilding IndividualUses
Minimum
Lot Area s.f.
10,000
LotFrontage 100'
Lot Width 100'
2844
LANDDEVELOPMENT 28406
PrincipalBuilding IndividualUses
Lot Depth 75'
Front Yard 30'
SideYard-one(both) 5' ( 15' )
RearYard 25',
AccessoryBuilding
Minimum
to
Distance SideLine 5'
Distance Rear
to Line l0'
to
Distance OtherBuildins 20'
Maximum
Building Coverage 30Vo
Lot Coverage 704o
MinimumNet HabitableFloor Area 1,000s.f.
E. GeneralRequirements
1. One(1) buildingmaycontainmorethanone(1) useprovided thatthetotal
building coverage and lot coverage the combined
of usesdoesnot exceed the
maximums specified the districtand,further,that eachuseoccupies minimum
for a
grossfloor areaof five hundred (500)square
feet.
2. Unlessotherwise specificallyapproved the Board aspart of a siteplan
by
no
application, merchandise, product, or
equipment similarmaterialor objects shall
or
be displayed storedoutside. Wheremerchandise, products, or
equipment similar
materialor objectsareapproved the Boardto be displayed storedoutside,
by or the
materialsshall be suitablyscreened be obscured
to from view from adjacent
residential
usesandmustbe situatedwithin thepropertylinesof theprincipaluse.
not
3. All areas utilizedfor buildings, parking,loading,access
aislesand
driveways pedestrian
or walkwaysshallbe suitablylandscaped shrubs,
with ground
cover,seeding plantings maintained goodcondition.
or and in
4. All buildingsshallbe compatibly designed all
whetherconstructed at one
(l) time or in stages
over a periodof time. All building walls facing any streetor
residential or district shallbe suitablyfinishedfor aesthetic
use purposes shall
and
in to
be compatible designandscale the surrounding residentialareas.
5. The minimum setback areashall includea landscaped buffer strip of
twenty(20) feet in width alonganycommon propertyline with a residential
district
or use.Wheretopography, growthor othernaturalor manmade
tree featuresexist
2845
28-407 BOROUGHOF WATCHTJNGCODE
to provide adequateyear-roundseparation residentialand business
of uses,the
Boardmay waivethe buffer screening
requirement.
6. At leastthe first five (5) feet adjacent any lot line shallnot be usedfor
to
parkingand loadingand shall be plantedand maintained lawn areas ground
in or
with
coverandlandscaped evergreen shrubbery.
F. Off-Street Parking and Loading. Parkingspaces loadingareas
and shallbe
providedfor eachuse in accordance
with the requirements Section28-503and the
of
designstandards Article 28-600.
in
(Ord.No. OR:-- $ 28-406)
28-407. ''B.B'' PROFESSIONALAND OFFICE
A. Principal Permitted Useson the Land and in Buildings.
l. Offices of professional includingbut not limited to, the
occupations,
offices of a physician,bookkeeper,
surgeon, engineer,
dentist,minister,architect,
lawyerandaccountant.
studios.
2. Photography
3. Offices of an insuranceagent,real estatebroker, travel agent and
stockbroker.
parlor.
4. Funeral
UsesPermitted.
B. Accessory
garages,
1. Off-streetloadingand parkingand privatenonresidential either
or
attached detached.
2. A storage two hundred(200) square
building not exceeding feet in size
andfifteen(15)feet in height.
with
3. Fences walls in accordance Section
and 28-502.
4. with
Signsin accordance Section28-504.
C. Maximum Building Height.
L No principalbuilding shallexceedthirty-five (35) feet in heightandtwo
andone-half(2 1/2)stories.
2846
LANDDEVELOPMENT 28-407
2. No accessory buildinglocated within the principalbuildingenvelope
shall
exceedtwenty-five(25) feetin heightandtwo (2) stories.
3. No accessory buildinglocatedoutsidethe principalbuildingenvelope
fifteen(15) feetin heightandone(1) story.
shallexceed
D, Area and Yard Requirements the B-B District.
for
PrincipalBuilding IndividuqlUses
Minimum
Lot Area 30,000s.f.
Lot Frontage 150'
LotWidth 150'
Lot Depth 100'
Front Yard 25',
SideYard - one(both) 5'(20')
RearYard 25',
Building
Accessory
Minimum
to
Distance SideLine )
Distance RearLine
to 10'
Distance OtherBuildins
to 20'
Maximum
Building Coverage 307o
Lot Coverage 7jvo
MinimumNet HabitableFloor Area 1,000s.f.
E. GeneralRequirements.
1. One(1) buildingmaycontainmorethanone(1) useprovidedthatthetotal
building coverage and lot coverage the combinedusesdoesnot exceed
of the
maximums specified the districtand,further,that eachuseoccupies minimum
for a
grossfloor areaoffive hundred (500)squarefeet.
2. Unlessotherwise specificallyapproved the Boardaspart of a siteplan
by
no
application, merchandise, product, or
equipment similarmaterialor objects shall
or
be displayed storedoutside. Wheremerchandise, products, or
equipment similar
materialor objectsareapproved the Boardto be displayed storedoutside,
by or the
materialsshall be suitablyscreened be obscured
to from view from adjacent
residential
usesandmustbe situatedwithin thepropertylinesof theprincipaluse.
2847
28-408 BOROUGHOF WATCHUNGCODE
3. All areasnot utilizedfor buildings,
parking,loading,access
aislesand
driveways pedestrian
or walkwaysshallbe suitablylandscaped shrubs,
with ground
cover,seeding plantings maintained goodcondition.
or and in
4. All buildingsshallbe compatibly designed whetherconstructed at one
all
time or in stagesover a period of time. All building walls facing any streetor
residentialdistrict line shallbe suitablyfinishedfor aestheticpurposes shallbe
and
compatible designand scaleto the surrounding
in areas. buildings
residential All
shallhavea gable,hip, gambrel mansard
or roof (or otherdualpitched,singleridge
roo0.
5. The minimum setback areashall includea landscaped buffer strip of
twenty(20) feetin width alonganycommon propertyline with a residential
district
or use.Wheretopography, growth or othernaturalor manmade
tree featuresexist
to provideadequate year-round separation residential
of and business uses,the
Boardmay waivethe buffer screeningrequirement.
6. At leastthe first five (5) feet adjacent any lot line shallnot be usedfor
to
parkingand loadingand shall be plantedand maintained lawn areas ground
in or
with
coverandlandscaped evergreen shrubbery.
F. Off-StreetParking and Loading.
Parkingspaces loadingareas
and shallbe providedfor eachusein accordance
with therequirements Section
of 28-503andthe design in
standards Article 28-600.
(Ord.No. OR:- $ 28-407)
28-408. TIB.CIIHIGHWAYCOMMERCIAL
A. Principal Permitted Useson the Land and in Buildings.
1. Retailbusiness
activitiesof the followingtype:
a. foodstuffs dry goods.
Groceries, and
b. liquors.
Package
c. Drugsandpharmaceuticals.
d. and
Confectionery bakery.
e. Funeralparlor.
f. Florist andgardening
supplies.
2848
LANDDEVELOPMENT 28-408
C. Stationery.
h. Hardware paints.
and
i. Radioandtelevisionsales repairservices.
or
j. Booksandtobacco.
k. Periodicals newspapers.
and
l. Antiques.
m. Barberandbeautyshops.
n. Tailoringanddressmaking.
o. collection, not processing.
Dry-cleaning but
p. Shoerepair.
q. and accessories, andservices.
Computers telecommunications sales
2. Banks.
3. Professional offices,real estateand travel agentoffices and general
officesof similarprofessional service
business and occupations.
4. Photographicstudios.
provided
5. Restaurants cafes,
and thatno food is consumed of doors.
out
6. Generalservicebusinesses, exceptthat no sales,storage,or rental of
goodsor materialshallbe permitted.
7. Funeralparlors.
as use.
8. Servicestations a conditional
UsesPermitted.
B. Accessory
garages,
l. Off-streetloadingand parking andprivatenonresidential either
or
attached detached.
2. Storage two
buildingsnot exceeding hundred(200)square in sizeand
feet
fifteen(15) feetin height.
with
3. Fences walls in accordance Section
and 28-502.
4. with
Signsin accordance Section28-504.
2849
28-408 BOROUGHOF WATCHUNGCODE
C. MaximumBuildingHeight.
1. No principalbuilding shallexceedthirty-five (35) feet in heightandtwo
andone-half(2 1/2)stories.
2. No accessory buildinglocated within the principalbuildingenvelope
shall
exceedtwenty-five(25) feetin heightandtwo (2) stories.
3. No accessory building locatedoutsidethe principalbuildingenvelope
fifteen(15) feetin heightandone(l) story.
shallexceed
D. Area and Yard Requirernents the B-C District.
for
PrincipalBuilding IndividualUses
Minimum
Lot Area 30,000 s.f.
Lot Frontage 150'
Lot Width 150'
Lot Depth 100'
Front Yard 30'
SideYard - one(both) 5'(20',)
RearYard 25'
AccessoryBuilding
Minimum
Distance SideLine
to 5'
Distance RearLine
to 10'
Distance OtherBuilding
to 20'
Maximum
BuildingCoverage 30Vo
Lot Coverage 80Vo
MinimumNet HabitableFloor Area 2,000
s.f.
E. GeneralRequirements.
1. One(1) buildingmay containmorethanone(1) useprovidedthatthe total
buildingcoverage and lot coverage the combined
of usesdoesnot exceed the
maximums a
specified the districtand,further,thateachuseoccupies minimum
for
grossfloor areaof five hundred (500)square
feet.
2. Unlessotherwise specificallyapproved the Boardaspart of a siteplan
by
application, merchandise,
no product,equipment similarmaterialor objects
or shall
be displayed storedoutside.
or Wheremerchandise, products, or
equipment similar
2850
LANDDEVELOPMENT 28-409
materialor objectsareapproved the Boardto be displayed stored
by or outside,
the
materials shall be suitably screened be obscuredfrom view from adjacent
to
usesandmustbe situated
residential within thepropertylinesof theprincipaluse.
3. All areas utilizedfor buildings,
not parking,loading,access
aislesand
driveways pedestrian
or walkwaysshallbe suitablylandscaped shrubs,
with ground
cover,seeding plantings maintained goodcondition.
or and in
4. All buildingsshallbe compatibly designed whetherconstructed at one
all
(1) time or in stages
over a periodof time. All building walls facing any streetor
use
residential or district shallbe suitablyfinishedfor aesthetic purposes shall
and
in
be compatible designandscale the surrounding
to residentialareas. buildings
All
shallhavea gable,hip, gambrel mansard
or roof (or otherdual pitched,singleridge
roofl.
5. The minimum setback areashall include a landscaped buffer strip of
twenty(20) feet in width alonganycommon propertyline with a residential
district
or use.Wheretopography, growthor othernaturalor manmade
tree featuresexist
to provide adequate year-roundseparation residentialand businessuses,the
of
Boardmay waivethe bufferscreening requirement.
6. At leastthe first five (5) feet adjacent any lot line shallnot be usedfor
to
parkingand loadingand shall be plantedand maintained lawn areas ground
in or
coverandlandscaped evergreen
with shrubbery.
F. Off-Street Parking and Loading. Parkingspaces loadingareas
and shallbe
providedfor eachuse in accordance of
with the requirements Section28-503and the
design in
standards Article 28-600.
(Ord.No. OR:- $ 28-408)
28.409. IIH-DII HIGHWAY DEVELOPMENT
A. Permitted Principal Useson the Land and in Buildings.
activities.
1. Retailbusiness
2. Officesandoffice buildings.
3. Banks.
4. General servicebusinesses, storage rentalof goods
thatno sales,
except or
or materialshallbe permitted.
provided
5. Restaurants cafes,
and out
thatno food is consumed of doors.
2851
28-409 BOROUGHOF WATCHI.]NGCODE
6. Indoortheaters.
7. Indoorrecreational suchasbowlingalleys.
uses,
8. Shopping comprised thepreceding
centers of uses.
9. Regionalretail shopping (70)
complexes tractsof land at leastseventy
on
acres areain accordance the applicable
in with provisions Section28-203andof
of
this section.
parlors.
10. Funeral
11. Photographic
studios.
12. Hotels and motelswith a minimum of forty (40) units and with at least
three(3) stories.
13. Publicutility uses a conditional
as use.
B. AccessoryUsesPermitted.
1. Off-streetloadingand parkingand privatenonresidential
garages,
either
attached detached.
or
2. Storage buildingsnot exceeding hundred
four (400)square in sizeand
feet
fifteen(15) feetin height.
and with
3. Fences wallsin accordance Section28-502.
4. with
Signsin accordance Section28-504.
5. Employeecafeterias limited in services the employees the principal
to of
usedesignated the siteplan asapproved theBoard.
on by
principaluse.
officesaccessory a permitted
6. Business to
7. Usualor customary with
ancillaryusesassociated hotelsandmotelssuch
as restaurants,
cocktail lounges,meetingroomsandrecreationuses,providedthat
all suchaccessory
uses, uses, locatedwithin the principal
exceptfor recreation are
building.
windowsfor restaurants a conditional
8. Drive-through as use.
C. Maximum Building Height.
thirty-five (35) feet in heightandthree
l. No principalbuildingshallexceed
(3) stories.
2852
LANDDEVELOPMENT 28-409
2. No accessory buildinglocated within the principalbuildingenvelope
shall
exceedtwenty-five(25) feetin heightandtwo (2) stories.
3. No accessory building locatedoutsidethe principal building envelope
fifteen(15) feetin heightandone(1) story.
shallexceed
D. Area and Yard Requirements the H-D District.
for
Individual Uses Shopping CenterstHotels and Motelst
PrincipalBuilding
Minimum
Lot Area 100,000 s.f. 10ac. 4 ac.
Lot Frontage 300' 500' 300'
Lot Width 300' 500' 300'
Lot Depth 200' 500' 300'
FrontYard 75'2 100' 100'
SideYard one(both) l5'(50')'z 100' 100'
RearYard 25',2 100' 100'
Accessory Building
Minimum
to
Distance SideLine I5'2 100' 40'2
Distance RearLine
to 25'2 100' 50'2
Distance OtherBuilding
to 20' 20' 20'
Maximum
BuildingCoverage 40Vo 40Vo 40Vo
Lot Coverage SQVo
't5vo SOVo
Minimum Net Habitable 5.000 s.f. s.f.
5,000 10,000s.f.3
Floor Area
Footnotes:
1. More than one (l) principal building shall be permitted. All buildings shall be separated a
by
minimum of twenty (20) feet, provided such separation is to be used solely for pedestrian
circulation. All buildings shall be separated a minimum of fifty (50) feet where any part of
by
such separation is to be used for parking or vehicular circulation. However, the separation
requirementsshould not b€ construedto prohibit covered pedestrianwalkways when the roof
or covering of such walkway extendsbetweenthe buildings.
2. Or not lesstlan one hundred(100) feet from any side where a lot abutsa residentialdistrict.
3. Exclusive of hallwavs and comrnonareas.
2853
28-409 BOROUGHOF WATCHUNGCODE
E. GeneralRequirements.
l. One(1) buildingmay containmorethanone(1) useprovidedthatthe total
buildingcoverage and lot coverage the combined
of usesdoesnot exceed the
maximums specified the districtand,further,thateachuseoccupies minimum
for a
grossfloor area seven
of hundred(700)squarefeet.
2. Unlessotherwise specificallyapproved the Boardaspart of a siteplan
by
application, merchandise,
no product, or
equipment similarmaterialor objects shall
be displayed storedoutside.
or Wheremerchandise, products,equipment similar
or
material objectsareapproved the Boardto be displayed storedoutside,
or by or the
materials shall be suitably screened be obscured
to from view from adjacent
residential
usesandmustbe situated within thepropertylinesof the principaluse.
3. All areas utilizedfor buildings,
not parking,loading,access
aislesand
driveways pedestrian
or walkwaysshallbe suitablylandscaped shrubs,
with ground
cover,seeding plantings maintained goodcondition.
or and in
4. All buildingsshallbe compatibly designed all
whetherconstructed at one
(l) time or in stages
over a periodof time. All building walls facing any streetor
residential or district line shall be suitablyfinishedfor aesthetic
use purposes,
whichshallnot includeunpainted painted
or cinderblock or concrete block walls.
5. No hotel or motel shall contain less than forty (40) units of
accommodations. permanent
A apartment living quarters
on-sitesuperintendent's of
shall be permittedwithin a hotel or motel and shall not be includedin the
calculation the numberof units.
of
6. Eachhotel andmotel unit of accommodation providea minimumof
shall
two (2) rooms;a bedroomand a separate bathroom. Eachunit of accommodation
shallcontaina minimumfloor areaof two hundred fifty (250)squarefeet.No hotel
or motel unit, except for the on-site superintendent's apartment,shall provide
cookingfacilitiesof any kind, excludinga microwave oven and coffeemaker.
Thereshallbe a residency limitationon all guests thirty (30) daysmaximum,
of
providedthat the residency limitation shallnot apply to an employeeliving on the
premises.
use
7. Wherea use in the H-D District abutsa residential or district,the
minimum setbackfor any use, structure,parking or loading area,driveway or
roadwayshall be one hundred(100) feet, exceptthat existing access roadsare
exemptif the roadsare hundred(100) feet, exceptthat existing access roadsare
to
exemptif the roadsareutilized at the time of the adoptionof this chapter serve
an existingpermitteduse.The minimum setbackareashall include a landscaped
buffer strip of sixty (60) feet in width along any commonproperty line with a
residentialdistrictor use.
2854
LANDDEVELOPMENT 28-409
8. At leastthe first twenty-five(25) feet adjacent any streetline and
to
fifteen(15) feet adjacent anylot line shallnot be usedfor parkingor loadingand
to
shallbe plantedandmaintained lawn areaor groundcover and landscaped
in with
evergreen A
shrubbery. landscaped screening shall be requiredalongthe sideand
rearpropertylinesto reduce noisebeyondthe lot andto obscure
the headlightsand
sitelightingandvision ofthe business activity.
F. Off-Street Parking and Loading. Parkingspaces loadingareas
and shallbe
providedfor eachuse in accordance
with the requirements Section28-503and the
of
designstandards Article 28-600.
in
G. RegionalRetail ShoppingComplex.
1. The minimum tract size shall be seventy(70) acres,with at leastone
(1,000)feetof frontage
thousand HighwayRoute22.
alongUnitedStates
2. Adjacentvacantland in the R-R Rural Single-Family Residential Zoning
District which is underthe sameownership the land within the H-D Highway
as
Development Zoning District proposed the regionalretail shoppingcomplex
for
may be consolidated with the landsin the H-D ZoningDistrict for the purposesof
floor arearatio andlot coverage calculations to
only, subject the following:
a. No development shall be permittedupon any landswithin the R-R
Zoning District except for regradingand/or the installation of any utility
infrastructure may be approved the Boardhavingjurisdictionduringits
as by
reviewof the submitted plan;and
site
b. Any removalof existingvegetation upon any landswithin the R-R
Zoning District as a result of any approvedregrading and/or utility
infrastructureinstallationshall requirethat the applicantsubmit a rcstoration
plan
landscaping forreview andapproval theBoardhavingjurisdiction.
by
for
3. Exceptfor allowances emergency as
vehicularaccess may be required
by the Board havingjurisdictionduring its review of the submittedsite plan,
access the siteshallbe restricted UnitedStates
vehicular to to HighwayRoute22.
4. A regionalretail shopping complexmay includeany combination the
of
following individual uses:any use engaged the retail sale of goodsand/or
in
services; theaters; any
banks,includingdrive-infacilities;offices;restaurants; and
useof the land or buildingsby the Boroughof Watchungor any officially created
authorityor agency thereof.
2855
28-409 BOROUGHOFWATCHI]NG CODE
5. The maximumfloor arearatio shall be 0.30 and the maximumaggregate
lot coverage the lot by buildings,structures,
of parking areas,walkwaysand
drivewaysshallbe seventy (70Vo).
percent
6. The minimumfront yardbuildingsetback (75) feet,
shallbe seventy-five
providedthat the front yard building setbackmay be reducedto fifteen (15) feet
wheretheBlue StarDrive conservation easementownedby the Stateof New Jersey
separates subject
the tractandthe developableportionof the Route22 ight-of-way
by a distanceof at least seventy-five(75) feet and where adequate emergency
vehicularaccess provided.
is
7. The minimum front yard parkingsetback shall be twenty-five(25) feet,
providedthat the front yardparkingsetbackmay be reduced five (5) feet where
to
the Blue Star Drive conservation easement owned by the State of New Jersey
separates subject
the portionofthe Route22ight-of-way
tract andthe developable
by a distance at leasttwenty-five(25)feet.
of
8. The minimumrearyardbuildingandparkingsetback shallbe twenty-five
(25) feet,providedthat the rearyard buildingandparkingsetback may be reduced
to zero (0) feet wherethe landsto be developed the H-D Zoning District abut
in
vacantlandsunderthe sameownership the R-R Zoning District which shall
in
remainunderthe sameownership, which areat leasttwenty-five(25) feetdeepand
which havebeenconsolidated the purposes floor arearatio andlot coverage
for of
in with
calculations accordance this chapter.
9. More thanone (1) principalbuilding shallbe permitted, providedthat all
buildingsareseparated a minimumof twenty
by (20) feet whenthe separation
area
circulationor by a minimum of fifty (50) feet
is to be usedsolely for pedestrian
whenany portion of the separation areais to be usedfor parkingand/orvehicular
circulation.
10. The maximum height of all buildingsshall be thirty-five (35) feet,
providedthat, subjectto review and approvalby the Board havingjurisdiction,
skylights,cupolas,decorativetowers,flagpoles, penthouses parapets the
and or for
housing and/orscreening stairways,
of ventilatingfans,air conditioningequipment
or other similar equipmentrequired for the operationand maintenance theof
building,may be erectedabovethe thirty-five (35) foot maximumbuilding height,
but in no casemore than seven(7) feet abovethe thirty-five (35) foot maximum
buildingheight.
I 1. Restaurants theaters
and shallbe providedparkingat the ratio of one ( 1)
space everythree(3) seats; otherusesshallbe providedparkingat the ratio
per all
of four andone-half(4 ll2) parkingspaces onethousand
per (1,000)square of feet
nethabitable floor area.
2856
LANDDEVELOPMENT 28-409
12. No merchandise, products, waste, or
equipment similarmaterial objects
or
shallbe displayed storedoutside,
or exceptthat up to twenty percent(20Vo) the
of
grossfloor areaof a building occupied a singletenantmay be unroofedif used
by
for the storage materialofferedfor salewithin the building or for the sales
of area
for plantsand gardensupplies, providedthat the unroofedareashallbe completely
walledandappear from the outside be partof theroofedportionof thebuilding.
to
13. All parkingareas walkways
and passageways
theretoandappurtenant and
drivewaysshall be adequatelyilluminatedfor security and safety purposes
to
according the following:
a. Lighting shallbe providedby sodiumvaporfixtureswith a mounting
heightnot morethantwenty-five(25) feet.
b. The lighting fixturesshall includenon-glare, recessed lens lights
focuseddownwardin orderto mitigateagainst adverse impactsuponadjacent
and nearby residentialproperties,the safety of the traffic along adjacent
roadways, overhead glow.
and sky
c. Exceptfor lightingdetermined the Boardhavingjurisdictionto be
by
necessary and/oradvisable securitypurposes, otherlighting shall be on
for all
circuit timersandshallbe automatically hours.
turnedoff afterbusiness
d. A lightingplan shallbe submitted indicatingthe location,directionof
illumination,hoursof operation, powerand isolux curvesfor eachfixture,
includingdetailsof the lightingpolesandthe luminaires.
14. The development provided
fees hereinto be imposed of
upondevelopers a
RegionalRetail ShoppingComplex in the H-D Highway DevelopmentZoning
District shallbe collectable from saiddevelopers only uponreceiptby the Borough
of Substantive Certificationfrom COAH for the Borough's HousingPlanElement
andFair SharePlan.All development applications submitted approvals
or granted
prior to the receiptby the Boroughof Substantive Certificationfrom COAH shall
be conditioned upon the developer its successors assigns
or and paying said
fees
development in accordance In
with the provisionsof this chapter. accordance
with the Substantive of
Rules of COAH, the development a RegionalRetail
Shopping Complexshallbe assesseddevelopment equalto two percent
a fee (2Vo)
of the equalized assessed valueof the development, providedthe following:
a. The total developmentfee collected from any one site plan
for
application development by
approved the PlanningBoard shallnot exceed
four hundred ($450,000.00)
fifty thousand dollars.
2857
28-410 BOROUGHOF WATCHUNGCODE
b. Fifty percent(50Vo) the estimated for the specificdevelopment
of fee
shallbe collectedprior to and as a conditionof the issuance eachbuilding
of
permit in the RegionalRetail Shopping Complex;the remainingfifty percent
(50Vo) the development shallbe collected
of fee prior to and as a conditionof
the issuance a certificate occupancy eachsuchbuilding.
of of of
c. Within one (1) monthafterthe issuance a certificateof occupancy
of
for eachbuildingin the RegionalRetailShopping Complex, final equalized
the
assessedvalueof the subjectbuildingshallbe determined the Tax Assessor
by
of theBorough.
d. If the final equalizedassessed value is greaterthan the estimated
equalized assessed value,the developer shall,within ten (10) business
days
from receiptof notification,pay the difference the
between development fees
required be paid andtheestimated
to development actuallypaid.
fees
e. If the final equalizedassessed value is less than the estimated
assessedvalue, the developershall promptly be refundedthe difference
betweenthe estimated developmentfees actuallypaid and the development
feesrequired be paid.
to
f. Any developerwho has obtained a building permit and/or a
certificate occupancy
of prior to the grantingof Substantive Certificationshall
pay the development dueunderthis chapter
fees within five (5) daysafterthe
developer has receivedwritten notice from the Boroughthat Substantive
has
Certification beenreceived.
15. All of the other requirements this chaptergoverningdevelopment
of
within the H-D Highway DevelopmentZoning District which are not contraryto
theprovisions in
specified this Sectionshallbe met.
(Ord.No. OR:- $ 28-409)
28.410. I'O.CII OFFICE BUSINESS/CONFERENCECENTER OVERLAY
DISTRICT
A. Purposeand Application.
1. Intent.The O-C Office Business/Conference CenterOverlayDistrict is
intendedto allow the redevelopment the Weldon Quarry area as a planned
of
development consisting office
of and
buildings,andconference hotel facilitiesin a
manner that minimizesdisturbance the site andthat minimizespotentialimpacts
to
to adjoiningproperties the localtraffic network.
and
2858
LANDDEVELOPMENT 28-4t0
2. Application of Requirements. The requirements the O-C Office
of
Business/Conference CenterOverlayDistrict shall be appliedto development
applications for planned developments permitted in the district. The
as
requirements the "underlying"zoningdistrictsshall remainin full force in the
of
areaencompassed this OverlayDistrict until suchtime that an application
by is
proposed such a planneddevelopment.
for The requirements the O-C Office
of
Business/Conference CenterOverlayDistrict shall only be applicable the lands
to
involved in such a development application.Lands not included in such a
development applicationshall continueto be subjectto the requirements the
of
"underlying" zoningdistrict.
B. Principal Permitted Useson the Land and in Buildings.
1. Planned developments consisting office building(s)for professional,
of
executive, business medical/dental
corporate, or purposes one (1) or moreof
and
the following uses:
hotel(s)and/orconference
center.
2. Affordable housingto the extent requiredfor the development the
by
affordablehousinggrowth shareprovisions Section28-4012and subject the
of to
requirements Section
of 28-410H., below.
C. Accessory
UsesPermitted.
1. Usesthat are customarily associated with and incidentalto a planned
development permittedin the district shall be permittedas an accessory
as use.
uses
Suchaccessory shallbe designed primarilyserveemployees,
to visitors,and/or
patrons the planned
of and of
development may consist the following: coffeeshops,
and
restaurants otherfood service facilities:recreationalfacilities:healthandfitness
and
facilities;educational trainingfacilities;child carefacilities;beautysalons and
barbershops,pharmacies gift shops,banks,post office services,
and and similar
convenience shopsand services. of
With the exception restaurants banks,such
and
accessory usesshall be includedonly as tenantsof one of the principal usesand
shallnot occupyseparate buildings.The total square footageof all suchaccessory
usesshallexceedno greater thanfive percent(5Vo) the total grossfloor areaof
of
the entiredevelopment, inclusiveof suchaccessory usesbut exclusive floor
of
space parkinggarages.
of
mechanical otherbuildingsnecessary the servicing the
2. Storage, and for of
providedany suchbuildingsare appropriately
development, from public
screened
view.
garages,
3. Off-streetloadingand parkingand privatenonresidential either
or
attached detached.
2859
28-410 BOROUGHOF WATCHUNGCODE
4. Fences walls in accordance Section
and with 28-502.
5. Signsin accordance Section
with 28-504.
D. Maximum Building Height.
l. No principalbuilding shallexceedone hundred(100) feet or eight (8)
stories height.
in
2. No parkingstructure than(3) levelsabovegroundor fifty
shallbe greater
(50)feetin height.
E. Area and Yard Requirements the O-C District.
for
PrincipalBuilding,s Reqtirement
Minimum TractArea 150acres
Minimum Building Setbackfrom All TractBoundaries 500feet
MaximumBuilding Coverage 5Vo
MaximumLot Coverage 87o
Maximum FloorAreaRatio 0.10
F. GeneralRequirements.
l. The minimum tract areaand maximumbuilding coverage, coveragelot
andfloor arearatio requirementsallow for the futureprovisionof an approximately
part
27-acre of the tractthatmay be required regionalflood anddrainage
for control
purposes.Thus,portionsof the tract usedfor regionalflood and drainage control
purposesshallbe counted towards 150-acre
the minimumtractarearequirement.
2. Any development shall be designed that primary vehicularaccess
so
point(s)to the development from Valley Road,with secondary
are via
access New
Providence Road. To the degreepracticable, such accessroads shall meet
surrounding at
roadways signalized intersections.
3. All undisturbed areaslocatedwithin requiredyard setbacksshall remain
in their naturaland undisturbedstateexceptas may be minimally requiredfor the
construction access
of drivesandutilities.
4. A fully landscaped buffer at leastfifty (50) feet in width shallbe provided
aroundthe perimeterof the tract,exceptthat the approvingBoard may modify or
waivethe requirement sucha buffer whereexistingtopography, growthor
for tree
other natural featuresexist to provide year-round screening equal to that which
wouldbe providedthroughthe creation newbuffer screening.
of
2860
LANDDEVELOPMENT 284r0
5. The layout of buildings, parking areas,driveways and other site
improvementsshall be donein a mannerthat preserves follows the existing
and
topography the greatest
to possible.
degree
6. All parkingand loadingfacilitiesshall be locatedwithin the principal
required the district.
buildingenvelope in
7. The development may includelandslocatedon the eastsideof New
site
Providence Roadonly for the purpose meetingthe tract arearequirement the
of of
district. However,once so used,suchlandsshall not be usedfor the purpose of
meetingthe zoning requirements any other development
of applicationor lot. In
addition, so usedsuchlandsshallbe permanently
if preserved throughconservation
easement and/or through anotherinstrumentdeemedappropriate the Board
by
having jurisdiction.
8. All areas utilizedfor buildings,
not parking,loading,access aislesand
drivewaysor pedestrian walkwaysor other such site improvements, shall be
suitablylandscaped with groundcover or plantingsor retainedin its natural
undisturbedstate.
shallbe designed asto present attractive
9. All buildingsandstructures so an
andconsistentarchitectural whetherconstructed at one (l) time or
appearance, all
overa periodof time.
in stages
10. Buildingsmay containmore than one (1) use providedthat the total
building coverage and lot coverage the combined
of usesdoesnot exceed the
maximums specified the district.
for
11. The calculation floor area
of of with parking
ratio shallbe exclusive areas
garages. The ground areacoveredby such parking garagesshall, however,be
in
included the calculation buildingcoverage.
of
12. All accessory structures and accessoryusesshall be locatedwithin the
principalbuildingenvelope required the districtexceptthat a guardhouse be
in shall
permittedat eachentrance providedthat eachsuchguardhouse no greater
is than
two hundred (200)square in areaandtwelve(12) feet in height,andis located
feet
no closerthanfifty (50) feetto the boundary the tract.
of
13. Developments shall be servedby public water and public sewer.All
utility wiresshallbe underground.
G. Off-Street Parking and Loading. Off-streetparkingand loadingareas
shall
be providedfor each use in accordance with the requirements Section28-503.
of
However,the Board havingjurisdiction may reducethe numberof requiredparking
2861
28-4r0 BOROUGHOF WATCHUNGCODE
spaces up to fifty percent
by (507o)wheresharedparkingis likely to occurasa resultof
patronsutilizing severalof the usescomprisingthe development a single visit or
in
wherevariationsin peak demandfor parking spaces would occur betweendifferent
uses.
H. Affordable Housing. Affordable housingshall be provided subjectto the
followingrequirements.
l. Principalpermittedusesshallconsistof multi-family residential
attached
detached
and./or dwellingunits.
2. Permittedaccessory usesshall consist:of usesand structurescustomary
and incidentalto the principalpermitteduseincluding,but not limited to, private
garages,swimmingpoolsandtenniscourts;off-street parkingasrequired RSIS;
by
privateresidentialgarages; fencesand walls in accordance with Section28-502;
andsignsin accordance Section
with 28-504.
3. The maximumnumberof dwelling units permittedshall be computed on
the basisof fourteen(14) dwelling units per grossacreof land areadedicated
to
such use.
4. Maximumbuildingheightshallbe thirty-five(35) feet or three(3) stories.
5. The area,yard and other requirements to
applicable the use shall be as
follows:
a. Minimum building setback threehundred
from all tract boundaries:
(300)feet.
b. twenty-four(24).
Maximumnumberof unitsper structure:
c. Minimum distance
between thirty-five (35) feet.
structures:
d. Maximum percentbuilding coverage land areadedicated such
of to
(30Vo).
use:thirty percent
e. Maximum percentlot coverage land areadedicated suchuse:
of to
(50Vo).
fifty percent
shallbe subject the general
6. Suchdevelopment to of
requirements Section
28-410.F.
to
7. The land areadedicated suchuseshallbe counted the
towards 150-acre
minimumtractarearequirement.
2862
LANDDEVELOPMENT 28-4rr
8. The affordablehousingdevelopment shall not be includedtowardsthe
maximumbuildingcoverage, maximumlot coverage maximumfloor arearatio
and
applicable otherpermitted
to in
uses the district.
(Ord.No. OR:- $ 28-4lO)
28-411. "QU" QUARRY
A. Permitted Principal Useson the Land and in Buildings.
l. Quarrying,handlingand processing stone,sandand gravel,including
of
and
transportation storage, crushing,grinding,pulverizingand processing raw
of
materials,provided said use existedand was operatingon or beforeAugust 16,
1962andis limited to:
a. All buildings,machineryand other facilities necessary conduct
to
permitteduses.
b. plantfor concrete.
Mixing or batching
c. Manufacture pre-stressed
of concrete,bituminousconcrete,dry
mixesandotherconcrete
concrete products.
d. Buildings and facilitiesfor the repair and storage motor vehicles
of
usedin permitted
andequipment operations.
e. Stone shall be quarriedonly as a result of the normal physical
expansion the quarryfaceexistingat the datethis chapter
of becomes effective
, and no new or separate facesshallbe quarried,
exceptthat existingworking
facesmay be converted morethanone(l) level throughmultiplebenching
into
in compliance and
with Statestatutes regulations.
f. and materials.
The recyclingof concrete asphalt
B. Accessory
UsesPermitted.
1. Uses and struetures eustomaryand ineidentalte the prineipal use;
includingbut not limited to storage garages toolhouses.
buildings, and
and with 28-502.
2. Fences wallsin accordance Section
with
3. Signsin accordance Section28-504.
2863
28-4tl BOROUGHOF WATCHUNGCODE
C. MaximumBuildingHeight.
1. No principalbuildingshallexceed
thirty-five(35) feetin height.
2. No accessory buildinglocatedwithin the principalbuildingenvelope
shall
exceedthirty-five(35) feetin height.
3. No accessory building locatedoutsidethe principalbuilding envelope
shallexceed
fifteen (15) feetin height.
D. Area and Yard Requirements the QU District.
for
PrincipalBuilding Individual Uses
Minimum
Lot Area 100,000 s.f.
Lot Frontage 200,
Lot Width 200'
Lot Depth 300'
Front Yard 30'r
SideYard (each) 15' r
RearYard 25"
AccessoryBuilding
Minimum
to
Distance SideLine l5'Er
Distance RearLine
to 25',E1
Maximum
BuildingCoverage 20Vo
Lot Coverage 40Vo
MinimumNet HabitableFloor Area s.f.
5,000
E. Other Requirementsand Regulations.
1. Buffer Area Requirement. Wherea front, sideor rear yard in the district
abutsor is across streetfrom a residential
the district,one hundred(100)feet shall
to
be added the requiredsetback the yardso situated.
for Suchareashallcontainno
development useotherthanan access
or road,which shallbe as nearlyaspossible
perpendicular the propertyline length of the additionalyard requirement
to and
approved the Board havingjurisdiction,which shall give due consideration
by to
the designof the road, its effect on existingBoroughroadsand residential areas,
suitable traffic safetyconditionsandthe type andburdenof traffic that will result.
All interiorroadsshallbe maintained all timesso asto be kept freeof dust.
at
2864
LANDDEVELOPMENT 28-412
2. Landscaping Requirement. orderto protectthe well-beingof adjacent
In
propertiesand districts and to minimize the effects of the district upon the
neighborhood and the Borough,the additionalyard setbackrequirement as
provided herein shall be plantedwith trees and shrubsto provide an adequate
screen plantingtime for an appropriate
at depthof not lessthantwenty(20)feet.To
the greatestpossibleextent,existingnative forest treesshall be retainedand the
existingnativeforestednature the groundshallbe maintained.
of
3. ParkingSetback. Off-street parkingareas shallnot be closerthantwenty-
five (25) feetto a street
line nor closerthanten (10) feetto any otherlot line.
F. Off-Street Parking and Loading. Off-streetparking and loading shall be
providedin accordance with the requirements Section28-503,All parkingand
of
loadingareasshall be designed accordance
in with and the designstandards Article
in
28-600.
(Ord.No. OR:- $ 28-4lL)
28.412. ''R.M.L I'' MULTIFAMILY AFFORDABLE HOUSING
A. Principal Permitted Uses on the Land and in Buildings. Multi-family
residentialattached and/ordetached dwelling units includingcongregate careunits.A
care
congregate unit shall be deemed residential
a unit for the purposes determining
of
the permitted density.This zoneshallallow two hundred eighty (280)residential
rental
units which arebaseduponfourteen(14) units per acre,on conditionthat at leastforty
(40) unitsshallbe low andmoderate incomerentalunits.
UsesPermitted.
B. Accessory
l. Usesand structures customary and incidentalto the principal permitted
useincluding,but not limited to privateresidentialgarages,swimmingpools,tennis
courts,greenhouses, cabanas, bathhouses, other structures
or incidentalto a
swimrningpool and/ortenniscourts.
and
2. Fences wallsin accordance Section
with 28-502.
3. Signsin accordance Section
with 28-504.
C. Maximum Building Height. No building shall exceedthirty-five (35) feet in
heightandthree(3) stories.
D. Maximum Number of Dwelling Units Permitted. This maximumnumberof
units permittedshall be threehundred(280) residential units which is basedupon
fourteen(14) units per acre,providedthat at leastforty (40) units shallbe reserved
for
2865
28-4t2 BOROUGHOF WATCHLTNG
CODE
by
occupancy low and moderate
incomehouseholds, of which shall be made
all
as
available rentalunits.
E. Area, Yard and Other Requirements the R-M-L I District.
for
1. No building or structureshall be locatedcloserthan fifty (50) feet from
theright-of-wayline of anyexistingstreet twenty(20) feetfrom any sideline,
or
2. The minimumdistance between shallbe one-half(1/2)the sum
structures
of the heightof the adjacent exceptthat a minimum of fifteen (15) feet
structures,
shallbe maintained whenstructures endto end.
abut
3. The minimumnumberof dwellingunitsin a buildingshallbe four (4) and
the maximumnumberof dwelling units in a building shall be twenty-four(24),
exceptthat the numberof units in a congregate building may exceed
care twenty-
four (24).
4. The minimum nct habitable floor areaper dwelling unit shall be six
hundredfifty (650)square
feet,exceptthatcongregate units shallcomplywith
care
New Jersey HousingandMortgage Finance Agency (NJHMFA)standards.
5. The maximumbuildingcoverage: (30Vo).
thirty percent
6. All portionsof the tract not utilizedby buildingsor pavedsurfaces shall
be landscaped, utilizing combinationssuchas landscaped fencing,shrubbery, lawn
area, groundcover,rock formations, contours, existingfoliage,andthe plantingof
conifersand/or deciduous treesnative to the areain order to either maintainor
reestablish toneof the vegetation the areaandlessen visualimpactof the
the in the
structures pavedareas.
and
buildingelevations floor plansfor eachtypical building
7. Architectural and
shallbe submitted partof the siteplan application.
as
Off-Street Parking and Private ResidentialGarages.
F. Roadways,
L parkingshallbe permitted.
No on-street
2. Off-streetparkingmay be permittedunderor within a building structure
providedthatthe buildingshallnot exceed maximumbuildingheight.
the
3. Numberof Required ParkingSpaces Unit: Two (2) spaces;
per except
(1.5) spaces. garage
congregate units: one and five-tenths
care A spaceshallbe
deemed (1) parkingspace, a drivewayhavinga minimumpavedareaof
one and
onehundredeighty(180)square shallalsobe deemed parkingspace.
feet a
2866
LANDDEVELOPMENT 28413
4. No parkingareaor drivewayshallbe locatedwithin ten (10) feet of any
sidepropertyline.
G. Off-Street Loading/Solid Waste Disposal. Adequatetrash,recycling,and
garbage pickupcontainersshallbe providedwithin a totally enclosed and
area(s) located
in a mannerso as to be obscured from view from parking areas,streets and adjacent
residentialusesby a fence,wall, plantingor combination the three(3). (Ord.No.
of
OR:- $ 28-412)
28.413. ''R.M-L II'' ONE.FAMILY RESIDENTIAL
A. Principal Permitted Useson the Land and in Buildings.
1. Detachedsingle-familydwelling units, providedthat a maximumof
twenty(20) dwellingunitsmaybe permitted.
B. Accessory
UsesPermitted.
1. Usesand structures customary and incidentalto the principal permitted
useincluding,but not limited to privateresidentialgarages,swimmingpools,tennis
courts,greenhouses, cabanas, or
bathhouses, other structures incidentalto a
swimmingpool and/ortenniscourts.
2. Fences wallsin accordance Section
and with 28-502.
3. with
Signsin accordance Section28-504.
4. resident
Professional with
homeofficesin accordance Section28-401C.
C. Maximum Building Height. No principal building shall exceedthirty-five
(35)feetin height.
D. Area and Yard Requirements the R-M-L II District.
for
PrincipalBuilding Detache Dwelling Units
d
Minimum
Lot Area
Lot Frontage 100'
Lot Width
Front Yard To'
50'
SideYard - one(both) r7'(34',)
RearYard 65'
2867
28-413 BOROUGHOF WATCHUNGCODE
Accessory
Building
Minimum
Distance SideLine - one(both)
to r7'(34')
to
Distance RearLine 35'
MaximumBuil ding Coverage t7.5Vo
MinimumNet HabitqbleFloor Area 2,000s.f.
E. GeneralRequirements.
1. A conservation easement lessthanthirty-five (35) feet in width along
not
theentireperimeter the propertybeingLot 10,Block 74.03on the Watchung
of Tax
Map, exceptalong the southerlyborder of the tract, wherein the width of the
conservation easement shall be thirty-five (35) feet, or the distancebetweenthe
southerly borderof the tractandthe stream whichtraverses property,
the whichever
distance greater.Said conservation
is easement and permittedusesas herein
described shallbe part of a deedrestriction be recorded the Somerset
to in County
Clerk's office, and shall be considered a conditionof any developmental
as
approvalof the landsthat are the subjectmatterof this zoningdistrict. Saiddeed
restriction resffictivecovenant
and shallrun with the land andbe enforceable theby
Boroughas well as the ownersof propertywithin two hundred(200) feet of said
Lot 10, Block 74.03.No construction, disturbance, treeremovalshallbe
soil or
permittedwithin the confinesof the conservation easement, subjectto the right of
the Board havingjurisdiction to set forth standards part of any proceeding
as for
developmental approval to:
a. Allow for a sight easement the intersection BonnieBum Road
at of
roadservicing landsto be developed;
andthe access any
b. Allow for the installation a waterretention
of facility
and/ordetention
within that part of the conservationeasement is adjacent
that and parallelto
BonnieBurn Road;and
c. Allow any propertyownerthroughwhoselands the conservation
easement to
traverses maintainthe easement areaand permit the removalof
deadtrees,alwaysbearingin mind that the purposeof the conservation
easement to providea naturalbuffer areabetween development this
is the of
district and adjoiningpropertyowners. The standards conditionssetforth
and
hereingovemingthe development this district shall deemto be restrictive
of
and
covenants, sameshall be a conditionof any developmental approvalthat
said restrictivecovenantshall be incorporated referencein any deedof
by
conveyance the property,or any part thereof.Any applicationto the
of
Planning of
Boardand/orBoardof Adjustment the Boroughfor relief from the
restrictions hereinsetforth mustbe uponnoticeto propertyownerswithin two
hundred (200)feet of the perimeter
linesof the zonedistrict.
2868
LAND DEVELOPMENT 28-414
2. All residential
dwellingsshallbe connected and serviced a public
to by
sewersystem.
3. No streetor cul-de-sac, right-of-way,or any part thereofshallbe located
lessthanthirty-five (35) feetfrom theperimeterpropertyline of the tract.
4. All other provisionsand standards requiredunder paragraph of the
B
"DevelopersMount Laurel Agreement" datedthe 25thday of August,1988,which
DevelopersAgreementhas beenrecordedin the office of the Clerk of Somerset
County,samehaving beenapproved the BoroughCouncil of the Boroughof
by
and
Watchung the New Jersey Councilon AffordableHousing,shallbe considered
standards conditions the within desienated
asadditional and of zone.
F. Off-StreetParking.
1. SeeSection28-503for parkingrequirements.
(Ord.No. OR:-- g 28-413)
28-414. ''R.M.L I['' OIYE.FAMILY RESIDENTIAL
A. Principal Permitted Useson the Land and in Buildings.
1. Detachedsingle-familydwelling units, providedthat a maximumof
twelve(12) dwellingsmay be permitted.
B. Accessory
UsesPermitted.
l. Usesand structures customary and incidentalto the principalpermitted
useincluding,but not limited to privateresidentialgarages,swimmingpools,tennis
courts,greenhouses, cabanas, or
bathhouses, other structures incidentalto a
swimming pooland/or courts.
tennis
2. Fences wallsin accordance Section
and with 28-502.
with
3. Signsin accordance Section28-504.
4. Professional homeofficesin accordance Section
resident with 28-401C.
C. Maximum Building Height. No principal building shall exceedthirty-five
(35)feetin height.
2869
28-4r4 BOROUGHOF WATCHTINGCODE
D. Area and Yard Requirements the R-M-L III District.
for
PrincipalBuilding DetachedDwelling Units
Minimum
Lot Area 40,000
s.f.
Lot Frontage 100'
Lot Width r25',
Front Yard 50'
SideYard - one(both) 1s'(30)
RearYard 35'
Accessory
Building
Minimum
Distance SideLine - one(both)
to 15'(30')
to
Distance RearLine 35'
M aximum uilding Coverage
B l7.5Vo
MinimumNet HabitableFloor Area 2,000 s.f.
E. GeneralRequirements.
l. No structure, appurtenance, pavement any otherdisturbance natural
or of
conditions shallbe permitted within thirty-five (35) feet of the sideor rearproperty
linesofeach subdivided resulting
lot from any developmental approval ofthe lands
in the within district, wheresucha sideor rear propertyline borderson a single-
family lot in existence before August 25, 1988.Said thirty-five (35) foot buffer
shallbe in the form of a dedicated conservation easement alongthe perimeter lines
of the tract,Saidconservation easement permittedusesas providedfor in this
and
zone district, and as above set forth, shall be part of a deed restriction to be
in
recorded the Somerset County Clerk'soffice, and shall be considered a as
conditionof any developmental approval the landsthat arethe subject
of matterof
this zonedistrict. Said deedrestrictionand restrictivecovenantshall run with the
land and be enforceable the Boroughas well as ownersof properties
by listed on
Schedule annexed the "Developers
I to Mount Laurel Agreement" hereinafter
referredto. It is the intendedpurposeof said conservation easement that no
structure, appurtenance, pavement any other disturbance naturalconditions
or of
may be placedor permittedwithin said easement, subjectonly to the approved
exceptions the Boardhavingjurisdictionwhereina lot ownerthroughwhich the
by
easement traverses the
shallhavethe right to maintain easement, removedeadtrees,
bearingin mind that the intent and purposeof the conservation easement tois
maintaina naturalbuffer between subdivided
the lots on the lands which are the
subject matterof the within zoningdistrictandadjoining propertyowners.
2870
LANDDEVELOPMENT 28-415
2. All residential
dwellingsshall be connecred and servicedby a public
to
sewersystem.
3. No street,cul-de-sac, right-of-way,or any part thereof shall be located
lessthanfifty (50) feetfrom the perimeterpropertyline of the zonedistrict.
4. All other provisionsand standards required under paragraph of the
C
"DevelopersMount LaurelAgreement" datedthe 25th day of August,1988,which
DevelopersAgreementhas beenrecordedin the office of the clerk of Somerset
County,samehaving beenapproved the BoroughCouncil of the Boroughof
by
and
Watchung the New Jersey Councilon AffordableHousing,shallbe considered
standards conditions the within designated
asadditional and of zone.
F. Off-StreetParking.
1. SeeSection28-503for parkingrequirements.
(Ord.No. OR:--g 28-414)
28.415. ''R.M.L IV'' ONE.FAMILY RESIDENTIAL
A. Principal Permitted Useson the Land and in Buildings. Detached single-
family dwelling units,providedthat a maximumof twenty-six(26) dwellingunitsmay
be permitted.
B. Accessory
UsesPermitted.
1. Uses and structures customary and incidentalto the principalpermitted
useincluding,but not limited to privateresidentialgarages,swimmingpools,tennis
courts,greenhouses, cabanas, or
bathhouses, other structures incidentalto a
swimmingpool and./or tenniscourls.
and
2. Fences wallsin accordance Section
with 28-502.
3. Signsin accordance Section
with 28-504.
4. Professional with
homeofficesin accordance Section
resident 28-40IC.
C. Maximum Building Height. No principal building shall exceedthirty-five
(35)feetin height.
2871
28-416 BOROUGHOF WATCHUNGCODE
D. Area and Yard Requirements the R-M-L IV District.
for
Principal Building D etache Dw elling Units
d
Minimum
Lot Area 40,000s.f.
Lot Frontage 100'
Lot Width 150'
Lot Depth 200'
Front Yard 50'
SideYard - one(both) 15'(50')
RearYard 35'
Building
Accessory
Minimum
Distance SideLine - one(both)
to l0' ( 20)
to
Distance RearLine 10'
MaximumBuilding Coverage I7.5Vo
MinimumNet HabitableFloor Area 2,000s.f.
E. General Requirements.All other provisionsand standards requiredunder
paragraph of the "DevelopersMount Laurel Agreement"dated the 25th day of
D
August,1988,which Developers has in
Agreement beenrecorded the office of the Clerk
of SomersetCounty,samehaving beenapproved the Borough Council of the
by
Boroughof Watchungand the New JerseyCouncil on Affordable Housing,shall be
considered additional
as standards conditions
and ofthe within desienated
zones.
F. 0ff-Street Parking.
1. SeeSection28-503forparkingrequirements.
(Ord.No. OR:- $ 28-415)
28-416. ''R.M.L V'' MULTI.FAMILY HOUSING
A. Principal Permitted Uses on the Land and in Buildings. Multi-family
residential
attached and/ordetached dwellingunits.This zoneis intended confirmby
to
rezoning granted the Boardof Adjustment
this districtto conformto the variance by or
theBorough Watchung
of Resolution9A-86-22dated 4,
December 1986.
UsesPermitted.
B. Accessory
1. Usesand structures customary and incidentalto the principal permitted
useincluding,but not limited to, privategarages, swimmingpools,tenniscourts,
greenhouses,cabanas, or
bathhouses otherstructures incidentalto swimmingpools
and/ortenniscourts.
2872
LANDDEVELOPMENT 28-416
2. Off-streetparking and privateresidential
garages,
either attached
or
detached.
3. Fences wallsin accordance Section
and with 28-502.
4. Signsin accordance Section
with 28-504.
C. Maximum Building Height. Thirty-five(35) feetin heightor three(3) stories.
D. Maximum Number of Dwelling Units Permitted. The maximumnumberof
dwelling units permittedshall be computed the basisof six (6) dwelling units per
on
grossacreof land areawithin the tract.
E. Area and Yard Requirementsfor the R-M-L V District. The height,area,
yard,andotherstandards this zoneare:
for
1. Minimum setback
distance any structure
of fifty (50)
from existingstreet:
feet.
from anypropertyline: twelve(I2) feet.
2. Minimum buildingsetback
3. Minimum setbackof parking from any property line: twenty-five (25)
feet.
4. Minimum floor area unit: ninehundred
per (900)square
feet.
5. Maximumbuildingheight:thirty-five(35) feet or three(3) stories.
four (4).
6. Minimum numberof unitsper structure:
'1
. Maximumnumber unitsper structure: (10).
of ten
8. Minimum distance
between twenty(20) feet.
structures:
9. Maximumpercent (30Vo).
thirty percent
buildingcoverage:
F. GeneralRequirements.
1. Floor plans and building elevationplans for each typical development
shallbe required.
established the Boroughof WatchungOrdinance
2, Other standards in for
of contained the Board
with the standards
the development land not inconsistent in
approval.
of Adjustment
3. Pavedinteriorroadway: (24) feet wide.
twenty-four
2873
28-4r7 BOROUGHOF WATCHI]NG CODE
4. All other provisionsand standards required under paragraph of the
E
"DevelopersMount Laurel Agreement"datedthe 25thday of August,t9gg, wtrictr
DevelopersAgreement has beenrecorded the office of the Clerk of Somerset
in
county, samehaving beenapproved the Boroughcouncil of the Boroughof
by
Watchung the New Jersey
and Councilon AffordableHousing,shallbe considered
asadditional
standards conditions
and ofthe within designated
zone.
G. Off-StreetParking.
L Minimum total overallparkingrequirement: and one-quarter ll4)
two (2
per
spaces unit.
2. Parking
space
sizes:
nine (9) feetby eighteen
a. Residential: (18) feet.
b. Guest:ten (10) feetby twenty(20) feer.
c. Parkingshallbe permitted
underthebuildingstructure.
(Ord.No. OR:-- g 28-416)
28.417. ''R.M.L VI'' SENIOR CITIZEN AFFORDABLE HOUSING
A. Principal Permitted Uses on the Land and in Buildings. Multi-family
residential and/ordetached
attached dwellingunits.
B. Accessory
UsesPermitted.
L Open spaceareasand recreational facilities as approvedby the Board
havingjurisdictionas part of a site plan application development,
for providedthe
following:
a. Land areaequalto a minimumof twenty-fivepercent(257o)of the
total tractof land shallbe setaside openspace
for providedthat:
(l) The calculationof open spacearea shall not include any
improved area,including driveways,sidewalks,structuresor parking
areas:and
(2) The calculationof openspaceareamay include the minimum
yard areaas set forth below to the extentthat suchareais unimproved;
and
(3) An unimprovedarea is defined as a portion of land not
containingany structures,driveways,parking areaor the like, but may
includethoseareas that havebeenlandscaped provideopenrecreation
or
areas.
2874
LANDDEVELOPMENT 28-417
b. The openspace {rea shallinclude:existingnaturalareas,
recreational
facilities for resident senior citizen occupantsand other open areas
appropriately landscaped determined the Boardhavingjurisdiction.
as by
c. The developer shall establish homeowner's
a association,
subjectto
the approvalof the Boardhavingjurisdiction,for the purposes owningand
of
assuming maintenance
the responsibilities the setasideopenspace any
for and
improvements thereon.
parkingandprivategarages,
2. Off-street providedthe following:
a. parkingspaces
Off-street shallbe providedasrequired RSIS.
by
b. Eachunit shallhaveat least (1) garage.
one
c. Parking spaces shall be providedin areasdesigned specificallyfor
parking and thereshall be no parallelor diagonalparking alonginterior streets.
3. Fences and/orwalls may be constructed approved the Boardhaving
as by
jurisdictionaspartof a siteplan application development.
for
C. Maximum Building Height. No buildingshallexceedthirty-five(35) feetand
be morethanthree(3) stories height.
in
D. Maximum Number of Dwelling Units Permitted. The maximumnumberof
dwelling units permittedshall be computed the basisof ten (10) dwelling units per
on
grossacreof landareawithin the tract.
E. Area and Yard Requirements the R-M-L VI District.
for
1. Minimum setback
distance any structure
of fifty (50)
from existingstreet:
feet.
from anypropertyline: thirty-five(35) feet.
2. Minimum buildingsetback
3. Minimum setbackof parking from any property line: twenty-five (25)
feet.
4. Maximumnumber unitsper structure: (10).
of ten
5 . Minimum distance
between shallbe asfollows:
structures
a. twenty(20) feet.
Sideto sidedistance:
b. thirty-five(35) feet,
Frontto backdistance:
c. thirty-five(35) feet.
Backto backdistance:
2875
28-417 BOROUGHOF WATCHUNGCODE
6. Maximumpercent thirty percent
buildingcoverage: (307o).
7. Maximumlot coverage: (457o).
forty-fivepercent
8. A buffer areashall be providedwithin a propertyor site, adjacent and
to
parallelwith the propertyline. The buffer areashall either consistof natural
existingvegetation be landscaped
or with trees,shrubs and./or
earthberms,and./or
retainingwalls designed continuously
to limit the view of and./or
soundfrom the
site to adjacentproperties.
The useof existingvegetation landscaping
or shall be
subjectto the review and approvalof the Boardhavingjurisdiction.A fencemay
by
alsobe required the Boardin specified No
locations. roadwayshallbe permitted
to cross the buffer area except as necessary permit accessto and from the
to
development. buffer areashall be a minimum of twenty-five (25) feet deep,
The
generally to
adjacent the perimeter line and situated
lot within the thirty-five (35)
foot setbackfrom the propertyline.
F. GeneralRequirements.
1. All dwelling units shall be restricted occupancy senior citizen
for by
i.e.
households; households whichtheprimarywageearner over sixty-two(62)
in is
yearsof age,or for a household which thereis no primarywageeamer,in which
in
at leastone(1) member the household oversixty-two(62) yearsof age.
of is
2. Each building shall have an architectural themedesigned provide
to
attractiveness the development compatibility
to and with surrounding landuses.All
buildingsshall have single ridge roof lines and no flat roofs shall be permitted.
elevations typical floor plansshallbe submitted the Boardfor
Architectural and to
its reviewandapproval partof a submitted plan application.
as site
3. All dwelling units shallbe connected approved functioningpublic
to and
waterandsanitary
sewersystems prior to the issuance a certificate occupancy.
of of
4. All siteimprovements in with
shallbe constructed accordance RSIS.
G. Affordable HousingRequirements.
shall comply with all of the requirements
1. Inclusionarydevelopments of
Article28-1000.
2. All marketrateunitsshallbe for sale.
3. Within eachinclusionary thereshall be a set aside(either
development,
paragraph or b below) of affordablehousing for low and moderateincome
a
as
households follows:
a. Twentypercent (207o) thetotal numberof unitsin the projectshall
of
be affordable low andmoderate
to if
incomehouseholds units arefor sale.
2876
LANDDEVELOPMENT 28-4r8
b. Fifteenpercent(LSVo) thetotal numberof units in the projectshall
of
to
be affordable low andmoderate if
incomehouseholds unitsarefor rent.
(Ord.No. OR:- $ 28-417\
28-418. CE CEMETERY
A. Principal Permitted Useson the Land and in Buildings.
l. Cemeteries.
B. Accessory
UsesPermitted.
1. Usesand structures incidentalto the principalpermitteduse
customarily
including, but not limited to, mausoleums,columbaria,mortuary facilities, and
chapel facilities.
2. Off-streetparking,subjectto the setbackrequirements accessory
for
buildings.
3. Fences wallsin accordance Section
and with 28-502.
4. Signsin accordance with Section28-504including one (1) freestanding
identification
sign in accordance Sections
with and
28-504.F.2 28-504.F.8.
C. Maximum Building Height. No principal building shall exceedthirty-five
(35)feetin heightandtwo andone-half 1/2)stories.
(2
D. Area and Yard Requirements the CemeteryDistrict.
for
Minimum
Lot Area 60.000s.f.
LotFrontage 100'
Lot Width 150'
FrontYard 50'
SideYard - one(both) 25'(50')
RearYard 35'
Maximum
BuildingCoverage: l5%o
Lot (mperviousSurface)
Coverage: 25Vo
E. Grave Sites. Grave sitesshall be locatedno closerthan forty (40) feet to a
dwellingunit located an adjoining
on property.
F. Lot Coverage. the purpose calculating lot coverage, surfaces
For of the all and
structures per applicable
typically includedin the calculation, the Borough's definitions,
shallbe includedwith the exception graves
of stones gravemarkers.
and
2877
28-4r8 BOROUGH WATCHT]NG
OF CODE
G. Buffer Requirement.A landscaped buffershallbe providedalongall property
lines that adjoin residentially-zoned propertieswith the exception propertylines
of
abuttingInterstate The buffer shall consistof evergreen
78. treesand other such
plantingsthat serveto provide adequate year-round buffering of the cemeteryfrom
adjoiningdwellings.The Boardmay modify or waivethe buffer screening requirement
wheretopography, tree growth or othernaturalor man-made features exist to provide
adequate year-roundbuffering or where the site configuration does not allow for
provision sucha buffer.
of
(Ord.No. OR:- $ 28-418)
2878
LAND DEVELOPMENT 28-501
ARTICLE 28.500
COI\DITIONAL USES,FENCES& WALLS, SIGNS,PARKING,
AND SPECIAL ZONING PROVISIONS
28.501. CONDITIONALUSES
Before a constructionpermit or certificateof occupancy shall be issuedfor any
conditionaluseas permittedby this chapter, for
application a conditionaluseshall be
madeto the PlanningBoard.The review by the PlanningBoard of a conditionaluse
shall include any requiredsite plan and/or subdivisionreview as may be necessary
pursuantto this chapter.Noticing and time limits for review of a conditionaluse
applicationshall be in accordance with the MLUL. Conditionalusesin the Borough
shallincludethe following:
A. Low and Moderate IncomeAccessory
Apartments.
l. Purpose. This Article has been enactedfor the specific purposeof
providing additionalopportunities low and moderateincomehousingin the
for
Borough.
2. An accessory is
apartment a self-contained dwellingunit with a
residential
kitchen,sanitaryfacilities,sleeping quarters a privateentrance
and which is created
to be occupiedby a low or moderate incomehousehold.The accessoryapartment
may be createdwithin an existing dwelling unit and may be createdwithin an
on
existingstructure a lot or be an additionto an existinghomeor accessory
building.
3. Accessory unitsshallmeetall of the following conditions:
apartment
a. The bulk requirements the zonein which the accessory
of apartment
shallbe met.
is created
b. Accessory shall comply with all applicablestatutes
apartments and
of
regulations the State New Jersey additionto all localbuildingcodes.
of in
c. Accessory shall be rentedonly to a household
apartments that is
eithera low or a moderate
incomehousehold the time of initial occupancy
at
of the unit.
d. Accessory apartmentsshall,for a periodof at leastten (10) years
for
from the dateof the issuance a certificateof occupancy the same,be
of
rentedonly to low or moderate
incomehouseholds.
e. Rentsof accessory shallbe affordable low or moderate
apartments to
incomehouseholds per the COAH rulesandregulations shallincludea
as and
utility allowance.
2879
28-501 BOROUGH OF WATCHI.]NG CODE
f. No more than ten (10) accessoryapartmentsshall be createdto
address Borough's share
the fair obligation.
g. There shall be a recorded of
deedor declaration covenants and
restrictionsapplied to the property upon which the accessoryapartment is
locatedrunningwith the land and limiting its subsequent
rentalor saleto the
requirements ofparagraphs andd above.
c
h. Accessoryapartments shall have living/sleeping space,cooking
facilities,a kitchensink and complete sanitaryfacilities for the exclusiveuse
of its occupants. shallconsist no lesstheur (2) rooms,one(1) of which
It of two
shallbe a full bathroom.
i. Accessory
apartrnents havea separate
shall to
door with directaccess
the outdoors.
j. The potable water supply and sewagedisposalsystemfor the
accessory
apartmentshall be adequate evidenced the approvalof the
as by
WatchungBoardof Health.
k. Accessory apartments to
shallbe affirmativelymarketed the housing
with
regionin accordance therequirements this chapter.
of
l. Accessory Apartments as
Permitted a Conditional Use. Accessory
apartments, that term is described and meetingthe requirements this
as in of
paragraph shall be permittedas a conditionalusein all districtsprovided
A,
that the property on which the accessory apartmentis proposedis a
conforminglot which abutsand has direct driveway access a County of
to
Somerset roador a UnitedStates
highway,
m. The net habitable floor areadevoted the accessory
to apartment shall
not exceed twenty-fivepercent (25Vo) the aggregate habitable
of net floor area
within all buildingson the site, includingboth the principalsingle-family
buildingon the siteandall accessorybuildingson the site.
n. The construction an accessory
of shallbe predicated
apartment upon
bothconditional andminor siteplanreviewandapproval the Watchung
use by
PlanningBoard.
4. Illegal Existing Accessory Apartments. the case of an accessory
In
apartment createdillegally or without properpermitswhich the propertyowner
desiresto legitimize as an accessory apartmentunder this chapter,all of the
requirements this chaptershall apply in addition to meetingCOAH criteria,
of
except no subsidyshallbe provided themunicipality.
that by
2880
LANDDEVELOPMENT 28-501
5. The following designations madeto administer
are variouscomponents
of
the accessory
apartment program:
a. The Departmentof Community Affairs, Affordable Housing
Management Service shall administer following portionsof the accessory
the
program:
apartment incomequalifyingof prospective renters,
settingrentsand
annualrental increases,
maintaininga waiting list of prospectiveaccessory
residents, handling
apartment and forms.
application
b. The BoroughAdministrator shalladminister following portions
the of
the accessory apartment program:advertising, distributionof the subsidyset
forth herein, insuring that certificatesof occupancyare obtained before
occupancy, qualifyingproperties the program,
for giving guidance required
for
Planning Boardapplications, filing of deedrestrictions COAH monitoring
and
reports,affirmativelymarketingof the accessory apartment programand any
andall otheradministrativerequirements the program.
of
6. An applicationfor an accessory apartment shall only be deniedif the
projectis not in conformance with COAH's requirements this chapter.
or All
denialsshallbe in writing with the reasons
clearlystated.
7. In accordance with COAH requirements, Borough shall provide at
the
leastten thousand ($10,000.00) dollars to subsidize physicalcreation an
the of
accessory apartment conformingto the requirements this sectionand COAH
of
requirements, saidsubsidy
The loanor a
may be in the form of a low or no interest
grantprovidedthat the propertyownershallenterinto a written agreement the
with
Borough insuring that (i) the subsidyshall be used to createthe accessory
apartmentand (ii) the accessory apartment of
shall meet the requirements this
and
chapter COAH regulations.
8. Applicantsfor the creationof an accessory shall submitto the
apartment
PlanningBoard an application conditional andminor siteplan approval
for use and
thefollowing:
a. An applicantshall obtain from the WatchungPlanning Board an
applicationchecklistand shall submit all documents
requiredin accordance
therewith.
b. A sketch floor plan(s)
of the
showing location, sizeandrelationship
of both the accessoryapartment the primary dwelling within the building
and
or in anotherstructure to sizeandothermatters.
as
2881
28-501 BOROUGHOF WATCHUNGCODE
c. Roughelevations
showingthe modificationof any exteriorbuilding
facade which changes proposed.
to are
d. A site development sketchshowingthe location of the existing
dwelling and otherexistingbuildings;all propertylines; proposed additionif
any, along with the minimum building setbacklines: the requiredparking
for
spaces both dwelling units and any naturalor manmade conditionswhich
might affectconstruction.
9. Baseduponthe above,the applicant shallbe advised the application
if is
in
complete accordance MLUL requirements.
with Whencomplete, application
the
shallbe placedon the PlanningBoard agendaand a decisionshall be madein
with
accordance MLUL requirements.
B. Drive-Through Windowsfor Restaurants.
1. A drive-throughwindow for a restaurant shall be permittedonly if the
subjectrestaurant part of a shoppingcenteror is otherwiseassociated
is with a
shopping with directvehicular
center access
thereto.
2. A drive-throughwindow for a restaurant
shall be permittedonly if the
restaurant
subject access a publicstreet.
doesnot havedirectdrivewayvehicular to
3. A drive-throughwindow for a restaurant, accompanying
the driveway,
and any associatedsignageshall be setback a minimumdistance five hundred
of
(500)feetfrom any landszonedfor residential
development.
4. A drive-through windowfor a restaurant, signage driveway
associated and
shallbe visuallyscreened properties landscaping.
from adjacent by
C. MembershipSwim Clubs.
swim club shallhavea minimumlot sizeof ten (10)
1. Any membership
acres.
2. No parking areashall be locatedwithin fifty (50) feet of a propertyline
a use.
adjoining residential
3. Saiduseshallhaveaccess a public sfieet.
to
4. No edgeof any pool shall be closerthan seventy-five(75) feet from a
propertyline adjoininga residential
use.
2882
LANDDEVELOPMENT 28-501
5. The total landdevoted the useofthe pool shallbe enclosed
to with a fence
with
in accordance applicable requirements.
6. No lighting shallbe directed reflected
or uponany residentialbuildingor
adjacentproperty.All lighting shallbe in compliance National
with the applicable
ElectricCode.
7. All pools shall be landscaped effectivelyscreenthe view of the pool
to
from neighboringproperties.
8. All pools shallbe kept neatandattractive, no rubbish,debrisor litter
and
shallbe permitted remainor accumulate or aboutthe pool.
to in
9. The designof all poolsshallcomplywith applicable code
construction
standards.
10. Landscaped buffer of twenty-five(25) feet between propertyline and
the
property.
anyadjoiningresidential
I l. Theclub shallnotbe openfor usebetween l:00 p.m.and8:00a.m.
I
D. Public Utility Uses.
l. For purposes this chapter, term "public utility uses"shall include
of the
such usesas telephoneequipmentcenters, power substations, sewagetreatment
plantsand other utilities servingthe public, but shall excludedumps,sanitary
landfills and telecommunications towers except where otherwisepermittedby
ordinance.
2. The proposed installation a publicutility usein a specificlocationmust
of
for
be necessary the convenient efficientoperation the subjectpublic utility
and of
and for the satisfactoryprovisionof serviceby the utility to the neighborhood or
areain which the particularuseis located. for
The application conditional and use
siteplan approval shallincludea statementsetting forth the needandpurpose ofthe
installation.
3. The design of any building in connectionwith the public utility
installationand improvement suchsite must not adversely
of affect the safeand
comfortable enjoyment the properties the surrounding
of in area.
4. Adequatefences,screening devicesand other safety devicesmust be
provided as may be required.Fences,when used to enclosepublic utility
suchaselectricalpowersubstations,
installations with
shall be built in accordance
the applicable requirementsof the New Jersey Board of Public Utility
and
Commissioners the NationalElectricalCode in effect at the time of the
construction.
2883
28-501 BOROUGHOF WATCHUNGCODE
5. The maximumbuilding coverage shall be thirty-five percent(35Vo)and
the maximumlot coverageshall be fifty percent(50Vo). Landscaping, including
shrubs,
treesandlawns,shallbe providedandmaintained.
6. Off-streetparking and buffer screening
shall be providedas determined
by thePlanningBoardduringsiteplanreview.
E. ServiceStations.
1. The minimum lot size for servicestationsshall be thirty thousand
(30,000) square feet.The minimumlot width andlot frontageshallbe onehundred
fifty (150)feet.
2. The minimumrequiredfront yard setback shallbe thirty (30) feet for any
structureexceptpermittedsigns,the minimumrequiredsideyard setback shallbe
twenty(20)feetfor any structure, theminimumrequired
and rearyard setback shall
be twenty-five(25) feet for any structure.Gasoline filling pumpsor air pumpsshall
be permittedwithin the requiredfront yard setback, but shall be no closer than
fifteen(15)feetfrom anystreet line or sidelot line.
3. No new servicestationshallbe locatedwithin five hundred(500) feet of
anyresidential zoneboundary within onethousand
nor (1,000)feet of any property
uponwhich a firehouse, school,playground, church,hospital,public buildingor
institutionis located.Moreover,any servicestationwhich hadbeenabandoned and
whichis proposed reuse a service
for as stationshallmeetthe locationrequirements
specified herein.
pits, storage
4. All appliances, areasand trashfacilities other than gasoline
filling pumpsor air pumps shall be within a building exceptas specifically
approved partof a siteplan application.
as
a. All lubrication, repair, painting or similar activities shall be
performed a fully enclosed
in buildingandno motor vehiclepartsor partially
dismantled vehiclesshall be displayedor storedoutsideof an enclosed
building.
b. Electric motors and other spark-emitting devices,when provided,
shall be installedin a well-ventilatedroom whereno flammableliquids are
storedor handled,unlesssuchdevicesare approved the Chief of the Fire
by
for
Department usein explosive atmosphere.
5. No damaged, wreckedor dismantledvehicle,junk or trailer shall be
allowedto remainin the openon the premises, mustbe kept completely
but within
a buildingor behinda fencescreening leastsix (6) feet in heightso asnot to be
at
2884
LANDDEVELOPMENT 28-501
visiblefrom the street
frontingthe premises from any adjoiningproperty. any
or In
case,no damaged, wreckedor dismantled junk or trailer shall be kept on
vehicle,
the premises a periodexceeding
for (7)
seven daysand,further,no morethanseven
(7) vehiclesawaitingrepairand/orserviceincludingcommercial vehicles otherwise
kepton siteshallbe storedovernight the premises.
on
6. The maximumbuilding coverage shall be thirty percent(307o)and the
maximumlot coverage shallbe sixty-fivepercent(65Vo). Landscaping shallbe
providedin the front yard areaand shall be reasonably distributedthroughoutthe
entirefront yard area.
7. The exteriordisplay,storage parkingof motor vehicles,
and boats
trailers,
or othersimilarequipment saleor rent shallnot be permitted partof a service
for as
station.
8. There shall be no outsidedisplay or storageof merchandise, supplies,
product,equipment similar materialor objectsunlessspecificallyapproved
or as
part of a site plan application,
unless suchaccessory goodsor supplies saleare
for
containedwithin a permanent rack, case,cabinetor enclosure metal or other
of
fireproofmaterialandlocated the
on pumpislands within the principalbuilding.
or
9. No gasolineservicestationshall accumulate storeany usedpartsor
or
tires, whetherfor sale, storageor waste,on any portion of the premises, unless
enclosed within the principalbuilding.Drainage from crankcases shall be kept in
closedmetal containers, and an oil interceptorshall be provided,subjectto the
approvalof applicable Boroughofficials.Whereflammableliquids are kept, used
or handled,provisionfor, andthe useof, dry sand,chemicalextinguishing devices
or materialsshall be as directedby the Fire Department. reasonable
A quantityof
and
containerized labeledandidentifiednoncombustible adsorbents,suchas sand,
shall be kept convenientlyavailablefor use in caseof leakageor overflow. All
storage shallbe in compliance applicable
with regulations includingN.J.S.A.13:lD
et seq.
10. All gasolineand otherfuels shallbe kept in tanksof an approved design
andthe tanksshallbe buriedso that the topsof the tanksshallbe at leastthree(3)
feetbelowthe surface the ground.
of
a. All tanks are to be buried in such locationsapprovedby the Fire
Department,and shall not be locatedwithin six (6) feet from any building
permission writing from theFire Department.
exceptuponspecial in
b. No tank shall be permittedunder any shed or building, and all
underground tanks shall rest on a bed or cradle of concreteat least six (6)
inchesthick.
2885
28-501 BOROUGHOF WATCHLINGCODE
c. Two (2) or moretanksmay be installed and connected pipes,if
by
suchtanks are separated a wall of concrete less than two (2) feet in
by not
thickness by a wall of earthnot lessthanfour (4) feetin thickness;
or provided
that, in any case,the most currentstandards forth by the Department
set of
Environmental Protection
shallbe met.
ll. Service shallprovideoff-street
stations parkingin accordance the
with
followingprovisions:
a. At leastsix (6) off-street parkingspaces shallbe providedfor the first
lift, wheel alignment or similar work area,five (5) additionalspaces a
pit for
second work area,and an additional three(3) spaces eachadditional
for work
area, one(1) marked
or parkingspace shallbe providedfor everyonethousand
(1,000)squarefeet of lot area,whichever providesthe greaternumberof
parkingspaces, providedthatno morethantwenty(20) parkingspaces shallbe
provided any service
for in
station anycase.
b. Parking spacesshall be separatedfrom the driveway and general
apronareaswhich give access the gasoline air pumpsandservice
to and areas,
parkingspace
andno designated access suchfacilities.
shallobstruct to
c. No parkingshall be permitted an unpaved
on areanor within fifteen
(15)feetof any property
line.Drivewaysshallbe a minimumof ten (10)feet
from all lot lines.
12. Any building or buildingsto be erected use as a servicestation,or in
for
therewith,
connection shallbe of masonry roof.
with a fire-resistive
construction
13. Servicestationsshallprovideone (1) publicrestroom facility for male
useandone(l) public restroomfacility for femaleuse.
14. Food marts,wherethe saleof food items requiresadditionalfloor area
aboveandbeyondthat which is customarily for
necessary a servicestation,shallbe
considered"fast food convenience
stores" arenot permitted part of a service
and as
station.
15. Service may be permitted (1) freestanding andone (1)
stations one sign
flat
sign attached againstthe building.The freestanding sign shall not exceedan
areaof fifty (50) square feet and a heightof ten (10) feet, and shall be setback at
leastten (10) feet from all streetrights-of-wayand lot lines.The signsattached to
any building on site shall not exceedthirty (30) squarefeet in area.Additional
signage shallbe permitted maybe specifically
as approved theBoard.
by
2886
LAND DEVELOPMENT 28-502
16. Any part of the site subject access motor vehicles
to by shallbe hard-
surfaced, with concrete bituminous
or or
concrete asphalt, and shallbe graded and
drainedto adequately of
dispose all surface wateraccumulated. Provisionshallbe
madeto preventgasolinespills or spills from other hazardous substances from
flowing into the interiorof stationbuildingsor uponthe highwayor into streams by
gradingdriveways, raisingdoorsills and./or
otherequallyeffectivemethods.
17. In additionto the generalsite plan requirements,scaledmapsaccompa-
nying the application any service
for station shallclearlydelineate following;
the
a. The actualfloor space and/orgroundareato be devoted or usedfor, the
to,
storage motorvehicles;
of
b. The locationof any church, hospital, library,publicplayground,
theater,
athleticfield, public or parochialschool,firehouse, municipalbuilding,
existingservicestation, publicbuildingand/orany otherbuildingin which
the public gathers
within onethousand (1,000)feet of the proposedservice
station;
c. The numberand locationof fuel tanksto be installed,the dimensions and
of
capacity eachstorage tank,the depththe tankswill be placedbelow
ground,thenumberandlocationof pumpsto be installed, the typeand
and
location of all principal structuresand accessorystructuresto be
constructed.
18. All of the other area,yard, setbackand generalrequirements the of
zonesandotherapplicable
respective requirements this chapter
of shallbe met.
(Ord.No. OR:- $ 28-501; Ord.No. OR:08/06 l) $
28.502. FENCES AND WALLS
Fences wallsmay be erected a lot, subject the following provisions:
and on to
A. GeneralRequirements.
district,a fenceor wall may be erected a total heightof
1. In a residential to
four (4) feet abovethe ground, exceptthat the supporting post may extend a
to
heightof four andone-half(4 I/2) feetabove ground.
the However:
(a) shallbe no morethanfifty (507o)
Fences percent
solid;
(b) An estate fencemaybe erected a heightof six (6) feet above
to the
ground,exceptthat the supporting postmay extendto a heightof six andone-
halt (6 ll2) feet abovethe ground.
2. Along boundaries residential nonresidential
of and districts,a fenceor
wall may be erected a heightof six and one-half(6 ll2) feet abovethe ground,
to
2887
28-502 BOROUGHOF WATCHT]NGCODE
exceptthat the supportingpost may extendto a heightof seven(7) feet abovethe
ground,to screennonresidential activitiesfrom the view of abuttingresidences.
in
Fences this instancemay exceed restrictions
the contained Section28-502A.
in
3. Except where specificallyprohibitedunder the terms of any other
applicableordinanceor regulationof the Borough, nothing herein shall be
construed prohibitthe useof hedges,
to treesor otherplantinganywhere a lot.
on
4. Restrictions hereincontained shallnot be appliedso as to prohibitthe
erectionof a wall for the purposeof retainingearth or otherwisecontouringor
terracing property.
the
B. Constructionwithin Road Right-of-WayProhibited. No privatefence,wall
or structure within a publicright-of-way.
shallbe erected
C. Construction Appearanceand Materials. All fencesshall be situated a on
lot in sucha manner that the finishedsideof thefenceshallfaceadjacent properties.
All
fences shallbe uniformand symmetrical appearance, havepostsor columns
in shall
separated identicaldistances,
by exceptfor deviations factors,
requiredby construction
of
andshallconsist materials conforming a definitepattern
to unlesswaivedin wholeor
in part by the Construction Official. No fenceshall be erectedof barbedwire, razor
wire, topped with metalspikesor othersharp nor
objects, constructed any materialor
of
in any manner which may be dangerous persons animals,
to or exceptbarbedwire shall
bepermitted qualified(underthe State
for Farmland Act)
Assessment farms.
treesor other plantings
D. Location within Sight Triangle. No fence,hedges,
shallbe locatedwithin a requiredclearsighttriangle.
E. Electrically Charged FencesPermitted. Electricallychargedfencesare
permittedprovidedthat the fencedoesnot exceedsix (6) feet in height,is attached to
(6
polesthat do not exceed and one-half ll2) feet in heightand is charged
six with a
voltagethat doesnot exceed thousand
one (1,000)volts.Saidfences to be stained
are or
painteddarkbrown,darkgreenor blackto blendwith landscaping. Poles,insulatorsand
any attachments shallbe paintedthe same color. Wires arenot includedin the painting
requirement. fenceshall be erected the front of the property,nor shallthe fence
No on
encompass entireproperty.
the
F. Mesh Deer Fences Permitted. Deer fences which are nonmetallicin
appearance permitted
are providedthey do not exceedeight (8) feet in heightabovethe
ground, except that the supportingpostmay extend a heightof eight and one-half
to
(8 Il2) feetabove ground.Deerfences polesareto be darkbrown,dark green
the and or
blackto blendwith the landscaping.
Deer fencesshall be erectedfrom the front edgeof the houseand may extend
in
around house encompass backyard. deerfenceshallbe erected the front
the to the No
2888
LANDDEVELOPMENT 28-502
of the property,nor shall the deerfenceencompass entireproperty,unless deer
the the
fenceis shielded from view from adjoiningproperties the street trees,
and by shrubs and
othernaturalconditions. the caseof a cornerlot, this restrictiononly appliesto that
In
yardwhichthe properlyownerdesignates theprimaryfront yard.
as
G. TemporarylConstruction Fences.A temporary/construction fence may be
erected the durationof a construction
for projectif requiredby the Boroughor owner
for safety reasons.The property owner must obtain a permit for the erectionof a
temporary constructionfenceand the temporary constructionfenceshall be removed
of
uponcompletion the construction.
H. Construction within Property Boundary Lines. All fencesshall be
within property
constructed lines.
boundary
L Construction Enclosingand/or Crossingan EasementProhibited. No
fenceor wall shallbe constructed as to enclose crossa Borough
so or or
easement an
easement which therearepublic rights.Fences
in shallnot be built within three(3) feet
of any sucheasement.
J. Maintenance. All fencesshall be maintainedin a safe, soundand upright
condition.
K. Existing Fences.The provisionsof this Article shall apply to all fences
hereafterconstructed.Fences currentlyexistingwhich violate any provisionset forth
hereinshall not be reconstructed,
repairedor replacedto an extentexceeding twenty
percent(207o)thereofwithout the total fencebeingbroughtinto conformity with the
provisionshereof.
L. SwimmingPools.
of
1. Fencesthat meetthe requirements Section28-502and the minimum
requirements swimmingpool fencesunderthe Building Official and Code
for
Administrators("BOCA") International,
Inc., as amended the Stateof New
by
Jersey Code("UCC") may be used.
Uniform Construction
2. Additionally,fences arounda swimmingpool are allowedto a maximum
heightof six (6) feetprovided are
thatthefollowingconditions met:
a. Fences arounda swimmingpool shall only be permittedin the rear
with the setback
yardsandsideyardsof a lot, subject compliance
to limitations
applicable principalstructures.
to
b. The rearof the principalpermittedstructuremay serveaspart of the
fencearounda swimmingpool.
c. Fences arounda swimmingpool must not be more thantwenty-five
(25)feet from the water's
edge.
2889
28-503 BOROUGHOF WATCHI]NG CODE
d. Fencesarounda swimmingpool shallnot be morethanfifty percent
(507o)
solid.
M. Buffer Zones,ConservationEasement Areas and ConservationAreas. No
fenceshallbe permitted any areadesignated a buffer zone,conservation
in as easement
or conservationareaby any other part of the Code of the Boroughof Watchung
but
including, not limited to, Sections
28-4l3Bl and28-4l4El.
N. Permits.In orderto ensure compliance with the provisions this Article,
of
beforeany fenceor wall is erected, zoningpermit and building permit, if required,
a
mustbe obtainedfrom the Building Construction Official and Zoning Official of the
Borough. The request permitsshallbe accompanied a surveyor plan,to show
for by
heightand locationof the proposed fenceor wall in relationto all other structures or
buildingsandin relationto all streets, property
lot linesand yards,and showing type
of
anddesign fencingmaterials. Any planthatincludes within an easement
construction
by
shallbe approved the BoroughEngineer prior to the issuance the required
of permit.
The zoningpermit or building permit,if required, conditioned
is upon the as-built
conditionsmeeting termsandconditions thepermitandthis Article.
the of
O. A chainlink fenceup to a heightof ten (10) feet from the groundmay be
around sports
erected a court.
(Ord.No. OR:07121$$ Ord.No. OR:- $ 28-502)
2-8;
28-503. OFF-STREETPARKTNGAr\D LOADTNG REQLIREMENTS
A. GeneralRequirements.
1. The requirements this section
of shallapplyto all usesin the Borough.
Exceptas providedin this chapter, application a buildingpermitshallbe
no for
approved unlessthereis includedwith the plan for suchbuilding,improvement or
use,an areashowingthe requiredspace reserved parkingandloadingprovided
for
in
and designed accordance with this chapter set forth in Section28-607.
as A
certificate occupancy
of shallnot be issued unless requiredparkingandloading
the
facilitieshavebeenprovidedin accordance thoseshownon the approved
with plan
exceptthat where,due to weatherconditions, pavingis not possible,a temporary
certificateof occupancy may be issuedfor a specifiedperiod of time, at the end
which said temporarypermit shall expire and the improvements shall havebeen
completed. Suchperiodof time shallnot exceed hundred
one twenty (120)days.
2. Off-streetparkingareasshall be locatedon the samelot as the main
building or principal use of the property served by said parking area.
Notwithstanding provisionof this chapterto the contrary,parking to servea
any
development containinglow andmoderateincomehousingunits may be provided
2890
LANDDEVELOPMENT 28-503
on a lot in anotherzoneadjoining R-M-L VI ZoningDistrict subject Planning
the to
Board approvalor approvalby the Boardhavingjurisdiction and furtherprovided
that the areaof any suchlot containingsuchuseadjoiningthe R-M-L VI Zoning
District shallnot be includedin thelandareacalculation densitypurposes
for
3. Landscaping shall be providedin all parking areasservingmulti-family
residential and all nonresidentialusesin accordance with the designrequirements
of Article 28-600.
B. ResidentialUses.
l. Exceptas providedherein,off-streetparkingfor residential usesshallbe
providedand designed accordance
in with RSIS.Off-streetparkingrequirements
for multi-family development approvedor completedwithin any R-M-L Mount
Laurel or othermulti-family residential
district as of June3, 1997shall remainin
compliance with this chapter.
2. Exceptwhereregulated RSIS in connection
by or
with a subdivision site
plan, detached single-familydwelling units shall be providedwith two (2) spaces
per 2-bedroom unit; three (3) spaces 3-bedroom
per unit; three (3) spaces 4-
per
bedroom unit; andfour (4) spaces 5 or morebedroom
per unit.
3. The placement off-streetparking and drivewaysfor single-family
of
usesshallbe in compliance
residential with therequirements Section
of 28-401W.
C. NonresidentialUses- GeneralStandards.
1. All parking and loading areasshall be designed accordance
in with the
standards in
contained Article 28-600of this chapter. drainage all
Stormwater for
parkingandloadingareas shallbe designed accordance Article 28-600so as
in with
to preventdamage adjoiningproperties. parkingand loadingareas
to All shall be
in
maintained a clean,orderlyanddust-free condition.
2. Where off-streetnonresidential multi-family parking,loadingor
and
serviceareasare locatedadjacent any lot in a residential
to zoningdistrictand
wheresuchparking,loadingor service iueasarenot entirelyscreenedvisuallyfrom
such lot by an interveningbuilding or structure,there shall be provided a
continuousplantingscreen leastfive (5) feetin height.
at
3. Garagespace space
or within buildings,basements, on the roofs of
or
may be usedto meet the parkingrequirements this
buildings,if permitted, of
chapter.
4. Parking spacesand loading spacesshall be clearly marked on the
with markers,directionalarrows,or traffic directionalsignsin
pavementand,/or
accordance the design
with requirements Article 28-600.
of
289r
28-503 BOROUGH OF WATCHU\IG CODE
5. Parkingareasfor individual nonresidential
usesshall be designed be
to
interconnectedwith adjacentnonresidential
propertiesand shall utilize common
entrance(s) exit(s),wherefeasible, minimizeaccess
and to pointsto the street.
6. The off-streetparkingrequirements two (2) or moreuseswhether
for the
sameor different types of use,may be satisfiedby allocatingsomeor all of the
requiredparkingfor eachusein a combined parkingfacility, providedthat the total
numberof parkingspaces not lessthanthe sum of the requiredspaces each
is for
individualuseandthe otherdesignrequirements this chapterare satisfied.
of Off-
streetparkingfacilities for one useshall not be considered providingoff-street
as
parkingfor anotheruse,exceptthat one halt (Il2) of the off-streetparkingspaces
by
required any usewherepeakutilizationof the parkingfacilitieswill be at night
or on Sundays (suchas houses worship,
of and
theaters assembly halls),may be
to
assigned a usethat will be closed night or on Sundays.
at
7. The numberof off-streetparkingspaces loadingspaces
and requiredby
land or buildingsused for two (2) or more purposes
shall be the sum of the
for
requirements the individualuses.
8. No off-streetparking or loadingareashall be usedfor the sale,repair,
or of
dismantling, servicing any vehicle, materials, supplies.
equipment, or
D. NonresidentialUses- Parking Requirements.
1. Nonresidential usesshallbe providedwith adequate off-streetparkingto
accommodate the permittedactivitiesandshallbe subject approval the Board
to by
duringsiteplan review.Eachindividualuseshallprovideparkingspaces according
to the following minimum provisions. Wherea permitted use of land includes
differentactivitieswith differentspecifiedparkingrequirements, total number
the
of required parkingspaces shallbe obtained computing
by individuallythe parking
requirements eachdifferentactivity andaddingthe resultingnumbers
for together.
Parkingrequirements basedon square footageincrements other standards
or shall
include the number of spaces roundedup to the nearestwhole numberfor any
fractionthereof.
Type of Use Required
Number of Parking Spaces
Banks,studiosand offices t per 250 sq.ft. of floor area'
Bowling alley2 4 oer lane
Club, lodge or serviceorganization 1 for each 200 sq. ft. offloor area
Elementary schools(GradesK-4) I per employee3
Conferencefacilities I per250sq.ft. offloor area
Funeral oarlor I per 25 sq. ft. of floor areadevoted
to viewing rooms/services plus 4
spaces
2892
LAND DEVELOPMENT 28-503
Type of Use Number of Parking SpacesRequired
General servicebusinesses 1 per 200 sq. ft. offloor area
Professionalresidenthome offices
2 i! addition to residential
requlrements
Hotels and motels I.25 per unit plus the required
spacesfor each additional use on
site (restaurants and other
commercial uses)
Housesof worship 1 per 3 permanentseats(1 seat= 22
inchesin calculatingthe capacityof
pews or benches)
Hospital,convalescent nursing 1.5per bed
and
home
Intermediateschools(Grades
5-8) 1.5per employee'
Manufacturing industrial
and uses 1 per 400 sq. ft. of floor areaor 1
per 2 employees,whicheveris
greater
Offices I per 250 sq.ft. of grossfloor area
Offices,Medical 6.0 per 1,000of grossfloor area
Restaurants cafes
and I per 3 seatsa
Quarry I per employee
Retail businesses and other 1 per250sq.ft. offloor area
commercial activities not
otherwise herein
classified
for laboratoriesplus 1 per 250 sq.ft.
of floor areausedfor offices.
Servicestations See$28-501.8.11
Shopping centers 4.5 per 1,000sq.ft. of net habitable
floor area
Single-familydwellings See$28-503.8
Theaters lper3seats
Warehouses storage
and buildings I per 600 sq. ft. of floor areaor 1
per 2 employees during the peak
hour shift, whichever greater
is
Footnotes:
l. Drive-in banks shall provide room for at least eight (8) automobiles per drive-in
window lbr queuing purposes.
2. All other indoor recreational uses shall provide sufficient off-street parking as
determinedby the Board during site plan review.
3. In all casessufficient spacefor schoolbus loading and unloading shall be providec.
4. In all cases,a sufficient number of spacesshall be provided to prevent any parking
along public rights-of-way or private driveways,fire lanesand aisles.
2893
28-504 BOROUGHOF WATCHUNGCODE
2. In the caseof a usenot specifically mentioned the parkingschedule
in
above,the requirements off-streetparkingfacilitiesfor a use most similar,
of
compatible consistent
or with the usethat is mentioned,
shall apply. In the event
that there is no similar, compatible or consistentuse, off-street parking
requirements shall be determined the Board basedupon accepted
by industry
standards.
E. NonresidentialUses- Loading Requirements.
1. Eachprincipaluseshallprovidefor off-streetloadingandunloading with
adequate ingressandegress from streets with adequate
and space maneuvering
for
and shall providesuchareaat the sideor rearof the building. A minimum of one
(1) space shallbe providedfor eachbuilding.Additionalspaces may be necessary
andrequiredby the Board depending uponthe specificactivity. Thereshallbe no
loadingor unloading from the street.
2. There shall be at leastone (l) solid wastepickup locationincluding
provisionfor recyclable materialscollectionprovidedby eachbuildingwhich shall
be separatedfrom the parkingspaces eithera locationwithin the buildingor in a
by
pick-uplocationoutsidethe buildingwithin a metalcontainer, locatedin a manner
to be obscured from view from parkingareas, streets adjacent
and residential
uses
or zoningdistrictsby a fence,wall, plantingor combination all three.If located
of
within the building, the doorwaymay serveboth the loading and solid waste
functions if located
and outsidethebuilding,it may be locatedadjacent or within
to
the generalloadingarea(s) providedthe container(s) no way interfereswith or
in
restricts
loadingandunloading functions.
3. No loadingor solidwasteareashallbe permitted the front yard.
in
(Ord.No. OR:- g 28-503)
28-504. SIGNS
A. General Provisions.All signshereafter or
erected maintained shall conform
with theprovisions this Article andtheUniformConstruction
of Codeof theBoroughof
Watchung. Any signnot specificallypermitted hereby
is prohibited.
l. Permits Required.It shall be unlawful for any person to erect or
structurallyalter any sign without first obtaininga permit and makingpayment of
the fee requiredby the Uniform Construction Codeof the Boroughof Watchung.
The erectionor relocationof a freestanding sign as definedherein shall require
minorsiteplansubmission prior to issuance anypermit.
of
2894
LANDDEVELOPMENT 28-504
2. Reference toZoning Districts.Exceptas otherwise provided,no outdoor
sign or otherform of exterioradvertising
shallbe erected maintained
or the
unless
sign complieswith the requirements established this Article for eachzoning
in
district.
B. Exempt Signs.The provisions regulations this Article shallnot applyto
and of
thefollowingsigns:
1. Professional signsindicatingthe nameand profession the
nameplate of
occupant a dwelling,providedsuchsignsdo not exceed
of two (2) square
feet.Said
signsshallnot be lighted the
between hours 9:00p.m.and8:00a.m.
of
2. Temporarysignsplacedon windowsin commercial or
establishments on
any other interior or exterior surfaceof commercialestablishments coveringno
morethantwenty-fivepercent (25Vo) the total window areaof any givensideof
of
the building.Suchsignsshallnot be placed establishment
on doors. Glassused in
any suchdoorsshallbe excluded from calculations total window areacoverage
for
underthis section. Suchtemporary signsshallnot be placedfor periodsexceeding
thirty (30) daysin duration.
3. Temporarysignsof nonprofitand charitable organizations announcing a
eventor functionprovidedsuchsignsdo not exceed
special thirty-two (32) square
feet.Suchtemporary signsshallnot be placedfor periodsexceeding thirty (30)
daysin durationand shallbe removed within five (5) daysafter completion the
of
eventor function.
4. Bulletin boardsnot over sixteen(16) squarefeet in areafor public,
whensamearelocated the premises said
charitable religiousinstitutions
or on of
institutions located lessthantwenty-five(25) feetfrom any lot line.
and no
5. Signsdenoting architect,
the engineer contractor,
or whenplacedupon
work underconstruction, not exceeding
and sixteen(16) square in area.
feet Said
signsshallbe permitted fourteen
for (14) dayson any one (1) projectwhile the
work is underconstruction. Suchsign shallbe located lessthanten (10) feet
no
from anylot line.
names buildingsand dates construction
6. Memorialsignsor tablets, of of
when cut into any masonrysurfaceor when constructed bronzeor other
of
metal.
incombustible
7. Temporary signs indicating a political preference a personand/or
for
political party seekingelectionprovidedsuchsignsdo not exceed sixteen(16)
square in areaon any one
feet (1) side.Saidsignsshallbe placed sooner
no than
2895
28-504 BOROUGH WATCHUNGCODE
OF
thirty (30) daysprior to the electionandshallbe removedwithin five (5) daysafter
thecompletion the election.
of
8, Traffic directional
signsasfollows:
a. Official traffic andstreet
signs.
b. subdivision siteplan map.
As shownon an approved or
c. Ifno development plan is required, no
suchsign shallbe located less
thanfive (5) feet from edgeof on-sitepavement havedimensions do
and that
not exceed foot by two (1 x 2) feetandshallnot extend
one morethanthree(3)
feetin height.
9. On-sitereal estate leasesignsnot exceeding
or four (4) square in area
feet
andoff-site real estatesales/directional
signsnot exceedingfour (4) square feet in
area, and in
whenerected maintained accordance the requirements forth in
with set
paragraphs F, andG in this section.
E,
C. Prohibited Sign Features.
1. No signshallbe erected, usedor maintainedwhichin any way simulates
official, directionalor warning signserectedor maintained the Stateof New
by
Jersey, any countyor municipalitythereof,or by a public utility or similar
by
agency concerned with theprotection thepublichealthor safety.
of
2. No neonsign or similarillustrated advertisement be of suchcolor or
shall
in
located sucha fashionasto diminishor detract any way from theeffectiveness
in
of anytraffic signalor similarsafetyor warningdevice.
3. The following advertisements are specifically prohibited: any
advertisementwhich usesa series two (2) or moresignsplacedin a line parallel
of
to the highway or in similar fashionall carryinga single advertisement
message,
partof whichis contained eachsign.
on
4. No sign shall have flashinglights or exposedhigh flashinglights or
high intensityillumination.
exposed
5. No signmay be placed sucha positionto cause danger traffic by
in a to
visibility.
obscuring
6. No sign may obstructany window, or openingintendedto providelight
(25Vo) thetotal window,or opening.
by morethantwenty-fivepercent of
7. Exterior signsusing moving partsor banners, pinwheels,
spinners, flags,
or with the exception clocksand weather
pennants similar signsare prohibited, of
information.
2896
LANDDEVELOPMENT 28-504
8. Signsvisible from the streetusingthe word "stop" or "danger" any
or
other word, phrase,symbolor character simulatinga public safetywarningor
traffic signal.
9. Roof signson buildings,
structures vehicles
and excludingcommercial
vehicles the
advertising intendeduse.
10. Signsor advertising natureasdefined
matterof an indecent obscene
or by
Iaw.
I 1. Exceptwherespecifically signsadvertising productor service
permitted, a
not soldon the premises,
signsadverlising directingattention another
or to premise
andanyothersignsunrelated thepremises whichthe signis erected.
to on
12. Signs placed trees,
on fences, utility polesor light poles,
signsattached to
other signs and signs placedupon motor vehicleswhich are continuously or
repeatedly parkedin a conspicuouslocationto serveas a sign, but nothingherein
containedis intendedto prohibit the placement signs directing traffic or
of
identifyingvariouslocationswithin a lot or parcelon light polesand utility poles
erected therein.
13. Signson vacantproperty,excluding properties
commercial advertising
future use,advertising proposed without BoroughPlanningor ZoningBoard
a use
approval.
D. Prohibited Signs.
1. Billboards,outdoordisplaystructures and signs mountedon trailers,
platformsandatopvehicle(s). existingbillboardstructure
No may be replaced.
2. Signsprojectingmorethanthree(3) feet from the wall of a buildingand
all roof signs.
3. Signsotherthan officially authorized paintedor
signs,tacked,pasted,
attached poles,posts,
otherwise to trees, or
sidewalks curbs.
fences,
4. No sign otherthanofficial traffic control devicesor streetsignsshallbe
erected upon,the right-of-wayof any streetunlessauthorized
within, or encroach
or of
by otherordinances regulations theBorough.
means.
5. Signsrotatingor movingby mechanical
E. GeneralRegulations.
l. Illumination.All signsshall be shielded preventthe direct rays of
to
illuminationfrom beingcastontoadjoiningproperties approaching
and vehicles.
2897
28-504 BOROUGHOF WATCHUNGCODE
No
2. Location. signshallbe located a required
in buffer area.
3. NonconformingSigns. Nonconforming signs shall not be enlarged,
relocated,alteredor rebuilt.Furtherfailureto keepsuchsignsin goodrepairfor a
periodof six (6) consecutivecalendarmonths and
abandonment the
shallconstitute
signshallnot be replaced rehabilitated shallbe removed the owner.
or and by
4. Maintenance Signs.Signsand,in the caseof permitted
of freestanding
signs,the mountingareaon the groundlevel beneath sign,mustbe constructed
the
of durablematerials,maintainedin good condition and not allowed to become
or
dilapidated unsightly. Any signthat is or shallbecomedangerous unsafe
or in
anymanner whatsoever and
shallbe repaired madesafeor shallbe removed.
5. Permit Required.No temporaryor permanent sign(s)shall be installed
without first obtaining a temporaryor pennanent sign permit from the Zoning
Officer,unless specifically by
exempted this chapter.
6. Permitted Hoursof Illumination.All signsmay be illuminatedduringthe
hoursof operation that particular
of business in no eventlaterthan l:00 a.m.in
but
theHD District and 10:00p.m.in all otherpermitted
districts.
F. SignsPermitted in R-R, R-A and R-B Districts.
1. Signs not exceeding one (1) squarefoot for entrances
and exits to
pulposes.
or for wamingor directional
driveways
2. Identificationsignsfor schools, churches similarpublic or quasi-public
or
institutions,
clubs,lodges,farms,estates similar usesprovidedthe areaof such
or
signsdoesnot exceed twenty (20) squarefeet.No suchsign shallbe locatedcloser
thantwenty-five (25) feetto a lot line.
3. Signsadvertising sale of products
the from a farm as definedin this
chapter, whenthe productsaregrownor raisedon the premises, providedthe area
of suchsignsdoesnot exceed thirty-two(32) squarefeet.All suchsignsshallbe
locatedat leasttwenty-five (25) feet from the edgeof pavement ten (10) feet
or
from a lot line, whichever greater.
is
4. flags,holidaybanners wind chimes.
Windsocks, and
5. One (1) unlightedreal estatesign,not over four (4) square feet in area,
on for provided
thatis located the buildingor lot thatis advertised saleor lease, that
the sameis removedwithin ten (10) daysof the execution a contractrelativeto
of
thesaleor lease the property.
of
2898
LANDDEVELOPMENT 28-504
6. One (1) unlighted "garage sale"signper lot that advertises garage
a sale
on that lot, providedthat the sign is removed later thanthe day afterthe end of
no
the sale.Saidsign shallnot exceed four (4) square feet in area,shallnot extend
more than seven (7) feet above the ground, shall not interfere with the safe
movement vehicleson adjacent
of roadsand shall not be installedmorethanfive
(5) daysprior to the dateof the sale."Garage sale"signsplacedoff-siteshallbe
subjectto the samerequirements in
stipulated the sentence aboveas well as the
following: (a) "garage sale"signsshallbe situated only at intersectionswherea
motoristmust changedirectionto find the garagesaleand providedthat no more
thanone(1) "garage sale"signshallbe permitted any singleintersection; (b)
at and
no "garage sale" sign shall be locatedat an intersection by
controlled a traffic
controlsignal.
7. Reserved.
8. OpenHouseSigns.Openhouse signsshallbe permitted the Borough
in in
accordance the following conditions,
with limitations,andrestrictions:
a. Openhouseevents between hoursof 9:00a.m.
shallbe conducted the
and 6:00 p.m. and the openhousesignsshall be permittedonly duringthe
actualhoursof the openhouseevent.
b. Each openhousesign shall be no more than four (4) square feet in
area,locatedso that the top of the sign is no more than two and one-half
(2 tlz) feet from ground level, and placedor anchoredon the groundin a
mannerthat preventsthe sign from being removedby any breeze, wind, or
otherforcesof nature.
c. An openhousesignshallonly be locatedwithin the right-of-wayof a
municipalstreetat the intersection saidstreetwith anotherstreet.
of The sign
shallbe setbackfrom the pavedcartwaya minimumdistance three(3) feet
of
andlocatedso thatvisibility at the intersection in no way diminished.
is
d. More than one (l) openhousesign may be permittedfor eachopen
house event,providedthat suchsignsaresituated wherea
only at intersections
motoristmust change directionto find the openhouseeventand provided
further that no more thanone (1) openhousesign for eachopenhouseevent
shallbe permitted any singleintersection.
at Underno circumstances, however,
shall an openhousesign be locatedat an intersection controlledby a traffic
controlsignal. addition the foregoing, (1) openhouse
In to one signshallbe
permittedto be displayedat the propertythat is for sale,but only duringthe
openhouseevent and only in accordance with the samerestrictionsas are
applicable realestate
to 5
signsreferenced paragraph above.
in
2899
28-504 BOROUGHOF WATCHUNGCODE
e. The writing and symbolsappearing any openhousesign shallbe
on
limited only to that necessary assistthe automobile-traveling
to public in
propertyin the Borough.
locatingthe subject
f. All openhousesignsshallbe nonilluminated.
g. Any personpostingan openhousesign shall be responsible any
for
damage to personor propertycaused the placement movement the
by or of
sign.
9. The maximumheightof any groundfreestanding shallnot exceed
sign
four (4) feetexceptasexempted
elsewhere this chapter.
in
G. SignsPermitted in B-A, B-8, B-C, O-C, H-D and QU Districts.
1. A sign shallidentifyonly the business useconducted the premises
or on
except thatone(1) directoryfreestanding in additionto business useidentity
sign or
sign shallbe permittedin accordance with paragraphs through8 below and that
5
theheightof a directorysign shallnot exceed (10) feet.
ten
to five (5) feet in
2. Sign(s)attached a wall of a buildingshallnot exceed
verticaldimension exceed width morethanfifty percent(50Vo) the width
nor in of
of the wall to which it is attached.
3. The sign areafor signsattached a wall of a building shall not exceed
to
tenpercent (llVo) of the areaof the wall to whichthe signis attached. one(l)
No
individualsign attached a wall of a buildingshall exceed
to one hundred(100)
feet
square in area.
4. Temporarysignscoveringany portion of the inside windowsof grocery
storeswhich have a grossfloor areaexceeding
twenty thousand (20,000)square
feetprovided,howeversuchsignsshallnot exceedfifty percent(507o) the gross
of
windowarea. The coveringof windowslocated doorsis prohibited.
on
5. The maximumabovegroundheightof any freestanding sign shallnot
the (18) feetor the heightof the principalbuilding.
exceed lesser eighteen
of
6. Freestanding signsshallnot exceed fifty (50) square
feet in areaandshall
be limitedto one(1) per lot except comerlots,for whichone(1) signper street
for
frontagewill be allowed providedthe total streetfrontageexceeds threehundred
(300)feet.
7. No freestanding shallbe located
sign closerto a lot line thanten (10) feet
(excluding right-of-wayline) or the heightof the freestanding
the sign, whichever
is greater.
28100
LANDDEVELOPMENT 28-504
8. No freestanding shallbe permitted a sideyardor rearyard.
sign in
9. One (1) unlightedreal estatesign, not over four (4) square feet in area,
advertisingthe sale or leaseof the building or lot upon which the sign is
maintained, providedthatthe same removed
is within ten (10) daysof theexecution
of a contractrelativeto the saleor lease the saidproperty.
of One (1) unlighted
garagesale sign, not over four (4) square feet in area,advertisinga garagesale
upon the lot which the sign is maintained, provided that same is removed
immediatelyupon the end of the garage sale."Garage sale"signsplaced site
off
shallbe subject the same
to requirements in
stipulated the sentence aboveaswell as
the following: (a) "garagesale"signsshallbe situated wherea
only at intersections
motoristmust changedirectionto find the garagesaleand providedthat no more
thanone(1) "garage sale"sign shallbe permitted any singleintersection; (b)
at and
no "garagesale" sign shall be locatedat an intersectioncontrolledby a traffic
controlsignal.
10. The ZoningOfficer may allow,on a individualbasisanduponshowing of
need,a limited numberof unlighted
substantial real estatesaleor lease,directional
signs,and garagesale signsnot over four (4) square feet in area,to be placedat
leeationsapproved the Zoning effieer andfor limited periodsas alss approved
by
by the ZoningOfficer.
I l. OpenHouseSigns.Openhousesignsshallbq permitted the Borough
in in
with
accordance the following conditions, and
limitations, restrictions:
a. Openhouse ,t utt be conducted the
between hoursof 9:00a.m.
"uJnt,
and 6:00 p.m.; and the openhousesignsshallbe permitted only duringthe
actualhoursof the openhouse event.
b. Each openhousesign shall be no more than four (4) square feet in
area,locatedso that the top of the sign is no more than two and one-half
(2 Il2) feet from ground level, and placedor anchoredon the groundin a
mannerso as to preventthe sign from beingremoved any breeze,
by wind, or
otherforcesof nature.
c. An openhousesignshallonly be locatedwithin the right-of-wayof a
municipalstreetat the intersection saidstreetwith anotherstreet.
of The sign
shallbe setbackfrom the pavedcartwaya minimumdistance three(3) feet
of
is
andlocatedso thatvisibility at theintersection not diminished
d. More than one (l) openhousesign may be permittedfor eachopen
houseevent,providedthat suchsignsaresituated wherea
only at intersections
motorist must changedirection to find the open houseevent and provided
28101
28-504 BOROUGHOF WATCHI-INGCODE
furtherthat no morethanone (l) openhouse sign,regardless the numberof
of
openhouses beingconducted a given day, shall be permittedat any single
on
intersection.Underno circumstances, however, shallan openhousesignbe
at
located an intersection by
controlled a traffic controlsignal.
e. The writing and symbolsappearing any openhousesign shallbe
on
limited only to that necessary assistthe automobile-traveling
to public in
propertyin theBorough.
locatingthe subject
f. All openhousesignsshallbe nonilluminated.
g. Any personor organizationpostingan open housesign shall be
for
responsible any damage personor propertycausedby the placement,
to
removalor movement the sign,andthe removalthereofconsistent
of with the
termsof this chapter.
H. SignsPermitted in RegionalShoppingCenter Complexes.
All signsfor a regional retail shoppingcomplexshall adhereto a common
themeandmay includethefollowing:
architectural
1. A RegionalRetail ShoppingComplex may have two (2) internally
illuminatedfreestanding signsidentifyingthe nameof the shoppingcomplexand
otherinformationas may be approved the Boardhavingjurisdiction,with each
by
sign not exceeding hundred
one fifty (150)square feet on eachside.Eachfree-
standingsign may be attached a decorative
to tower as may be approved the
by
Board.Eachfreestanding sign shallnot exceed twenty (20) feet in heightandeach
sign and any decorative towerto which it is attached shallbe setback at leastfive
(5) feet from the Blue StarDrive conservation easement at leastthirty (30) feet
and
from all otherpropertylines.
2. Wherean individualactivity occupying leastfive hundred(500)square
at
floor areahasdirectaccess
feetof net habitable an
from the outside, additionalsign
identifying the name of the activity also shall be permittedto be attachedflat
the
against building at the entrance the activity.The sizeof eachadditionalsign
to
shallbe equalto one (l) square of signarea one(l) linearfoot ofbuilding
foot per
frontage by
occupied the activity.
3. Wherethe designof a regionalretail shoppingcomplexincludesa roof
over a common walkway along the front of a building, an additionalsign
identifyingthe nameof an individualactivityoccupying leastfive hundred
at (500)
square feet of net habitablefloor areamay be suspended perpendicular
in fashion
from the roof over the commonwalkway.The sizeof the suspended signsshallbe
asdetermined the Board.In anycase,
by suspendedsignsshallbe no closerthanten
(10)feet at their lowestpoint to the finishedgradebelow.
28r02
LAND DEVELOPMEN'I 28-504
4. Additional signsmay be approved the Board to be situatedwithin a
by
regionalretail shopping complex, providedthat the aggregate footage all
square of
the signswithin the regionalretailshopping the
complexdoesnot exceed maximum
aggregate square footage allowedhereinabove.
I. SignsPermitted in CommercialZones.Within commercial areas,signsshall
be coordinated as to createan overall appearance uniformity of style and color,
so of
and a proportionalityof size and shape. addition to the standards forth in the
In set
generalprovisionsof this Subchapter,signswithin commercialareas which a sign
for
planhasnot beenapproved thePlanning
by Boardor Boardof Adjustment,shall:
1. Comply with all sign regulations the zone in which the commercial
for
areais located;
or
areashallcomply with the area(square
2. All signswithin eachcommercial
restrictions.
footage)
3. Complement shape,
eachotherin material, color andletteringstyle.
J. Awning Signs.
1. All framesareto be manufactured structural
from tubularor shaped steel
or aluminumwith finishesor coatings required preventagainst
as to corrosion.The
frameshall be designed safelysupportwind and snowloadsas specified the
to in
larestadoptedBOCA Code.
2. Vinyl fabric coverings to be fourteen(14) ounces yard minimum
are per
to
weightwith certification to tensilestrength flameresistance meetindustry
as and
andNEPA andBOCA codes.
shall onlv be anchoredto
3. Fastenersand/or structuralattachments
members the building.
structural of
4. All electricalcomponents and/orlightingequipment usedin connection
with an awningareto be labeledandratedfor protectiveoutdooruseandinstalled
electrical
by a licensed contractor.
5. Ceilingsareoptionalandmay consistof "eggcrate,"meshfabric or solid
plasticmaterial. panels sections
Removable or mustbe providedto allow access for
and
service cleaning.
6. All awningsignswhich projectover or abovebackupwalls are to be
covered weather
and protected plastic,rustproofmetalor aluminum.
with structural
28r03
28-505 BOROUGHOF WATCHUNGCODE
7. Irtter copy on awningsignsis to be appliedwith manufacturer-approved
processes.
8. Awning signs may be attached buildings or structureswith the
to
followingprojection heightlimitations:
and
a. Minimum clearance shall be eight (8) feet unlessprojectingover a
vehicularright-of-way,in which caseclearance mustbe at leastfourteenand
(I4
one-half Ll2) feetto avoiddamage trucksor otherhigh vehicles.
by
b. If the structurehas a fringe or valancesuchfringe or valancemay
hangbelowtheceilinglineno morethantwelve(12)inches.
c. Suchsignsshall be limited to single-story
buildingsor to the first
levelonly of multi-storybuildings.
d. Awning signs may be attached buildings requiring property
to
not
setbacks to exceed propertylines.In the caseof buildingsin shopping
or
centers multi-unitdevelopments, signsmay not extend
such beyond curbsor
extendinto safetyzones. suchinstallations,
In drainagegutters required.
are
9. Only the copy areaof awningsignsshall be considered the square
in
footage The remaining
limitations. portionshouldbe considered awningarea
as
only.
(Ord.No. OR:- $ 28-504)
28.505. RECREATION AND OPEN SPACE
A. RecreationRequiredfor Multi-family Development.
1. A recreationareashall be providedand improvedby the developer for
eachmulti-family residential All
development. activerecreation areasshall be no
closer to any residentialstructurethan the minimum required setbackfor the
structure.
residential
2. All activerecreation areasshallbe cleared required,gradedfor proper
as
drainage, leveled,topsoiled, limed, fertilizedand seeded with athleticfield and
generalpurposemixture and must be suitablefor playing games,such as touch
football and softballon an informal basis.In additionto suchmulti-purpose field,
theactiverecreation areashallincludesuchrecreational to
facilitiesasneeded serve
the residents the development.
of The recreationarea shall meet all design
standards set forth in this chapter.Final designshouldbe submittedto Board
as
havingjurisdiction approval partof anysiteplanreview.
for as
28t04
LANDDEVELOPMENT 28-505
3. The recreation area shall not include any wetlands, wetland transition
areasof any kind, streets,drives or spaceoccupied for off-street parking or loading
purposesfor other facilities. The recreationarea shall be contained within the
subject development and be entirely within the Borough and readily accessibleto
all dwelling units proposedwithin the subjectdevelopment.
4. The development shall provide for a homeowners' association in
accordancewith this chapter for the ownership and maintenanceof the recreation
area(s)for the benefit of the owners and residents of the development, unlessthe
Borough acceptsdedicationofthe recreationarea(s)pursuantto Section 28-50684.
B. Open Space.
1. In the designation of the required open space and the uses proposed
thereon,the developershall be guided by the following:
a. Any lands proposed as open spaceshall be suitable for the purposes
for which it is intended in terms of its location, size, and improvements.
b. Common open space to be administered by a homeowners'
associationor other open spaceorganizationshall be distributed throughoutthe
proposed developmentso that as many residential dwelling units or buildings
as is practicableabut and have direct access the common open space.
to
c. Consideration for the protection of environmentally fragile and
important resource land areas such as aquatic buffer areas, 500-year flood
plains, wetlands and wooded acreage.
2. Board shall review the submitted open space plan in the context of the
particular development proposal, the particular characteristicsof the subject land
area, and the ability, desirability and practicality of relating the proposedopen
spaceto adjacentand nearby lands.
3. Should the proposed developmentconsist of a number of stages,the
Board may require the set aside of open spaceacreageproportionate in size to the
stageof developmentbeing consideredfor final approval, even though theselands
may be located in a different sectionof the overall development.
4. Open space may be offered by deed to the Borough or dedicatedas
common open space to a homeowners' association or other open space
oreanization.
28105
28-506 BOROUGHOF WATCHUNGCODE
a. If the applicant proposes the openspace
that shallbe dedicated the
to
Borough, thenwithin forty-five (45)daysof thereceiptof suchapplication,the
Board shall forward such requestwith its recommendation the Borough
to
Council prior to the grantingof preliminaryapprovalof any applicationfor
development the
containing subject openspace.
b. All open spacenot offered to and/ornot accepted the Borough
by
shall be common open spaceowned and maintainedby a homeowners'
association otheropenspace
or organization providedin the MLUL andthis
as
chapter.Suchorganizationshallnot be dissolved, shallit dispose any
nor of
common openspace saleor otherwise.
by
(Ord.No. OR:: $ 28-505)
28.506. HOMEOWNERS' ASSOCIATION AND OTHER OPEN SPACE
ORGANIZATIONS.
A homeowners' or
association otheropenspace organization shallbe establishedin
accordance with the MLUL for the purposes owning and assuming
of maintenance
responsibilities the commonopen spacepropertyand the improvements
for thereon
within a development, providedthat the Boardis satisfied that the organization will
have a sufficientnumber of members reasonably
to expecta perpetuation the
of
in
organization a mannerenablingit to meetits obligations and responsibilitiesin
owning and maintainingthe property.A homeowners' or
association otheropenspace
organization prior to the issuance anycertificate occupancy
shallbe established of of for
any buildingin the development. When established, homeowners'
the associationor
other open spaceorganizationshall incorporate into their bylaws the following
provisions:
A. Membership shall be limited to and mandatoryfor all propertyowners,
condominium owners, stockholders development, otherowners
undera cooperative and
of property interest the development.
or in Requiredmembership the responsibilities
and
uponthe members shallbe in writing between organization eachmember the
the and in
form of a covenant,with each agreeingto liability for his/her pro rata shareof the
organization'scosts.
B. The organizationshall be responsible for liability insurance, taxes,
and
maintenance other obligations assumed the organization
by and shall hold the
municipalityharmless shall not be dissolvedand
from any liability. The organization
shall not disposeof any open spacepropertyby sale or otherwise, exceptto an
organizationconceived established own andmaintainthe openspace property
and to or
and
for the benefitof such development, thereafter suchorganization shall not be
28t06
LANDDEVELOPMENT 28-506
dissolved or dispose of any of its open space or property without first offering to
dedicate the same to the Borough. This offer shall be in the form of a right of first
refusal extended to the Borough for action and not withdrawn for a period of one
hundred twenty (120) days thereafter, whereupon the right shall expire and the
Associationbe permitted to dissolve.
C. The assessmentlevied by the organization upon each member may become a
lien on each member's property. The organization shall be allowed to adjust the
to
assessment meet changing needs.
D. The organizationshall clearly describein its bylaws and resolutionsall the
rights and obligations of each tenant and owner, including a copy of the covenant,
model deeds and articles of incorporation of the organization and the fact that every
tenantand property owner shall have the right to use all the common property.
1. The articles of incorporation shall contain provisions to ensure that
adequatefunds are available for maintenanceof the common open spaceand the
improvementsthereon.
2. In the case of townhouseand patio home dwelling units, the bylaws or
resolutions shall include regulations goveming the provisions for accessorydecks,
patios and fences for the dwelling units which shall be approved as part of the
original site plan application and/or amendmentsthereto.
3. The articles of incorporation of the organization and the bylaws and
resolutions shall be submitted for review by the Board prior to the granting of the
original final site plan approval and/or any amendedfinal site plan approval by the
Board.
E. The articles of incorporation, covenants,bylaws, model deedsand other legal
instruments shall ensure that control of the organization and title to the common open
spaceshall be transferredto the membersof the homeowners'associationbasedupon a
percentageof the dwelling units sold and/or occupied; such scheduleshall be subjectto
review and approval by the Board.
F. Should the associationfail to maintain the common open space and the
improvementsthereonin reasonable order and condition, the Borough may servewritten
notice upon such organization and shall follow the procedures set forth in the MLUL
and if it becomesnecessary the Borough to provide maintenance,the imposition of a
for
lien as set forth in the MLUL shall be followed.
(Ord. No. OR;-- $ 28-506)
28107
28-507 BOROUGHOF WATCHUNGCODE
28.507. WIRELESS TELECOMMTJNICATIONSFACILITIES
A. Purpose.The purposeof this chapteris to provide soundland use policies,
proceduresand regulations for the location and placement of wireless
telecommunications structures,
antennas equipment
and within the Boroughin orderto
protectthe communityfrom the adverse impactsof wirelesstelecommunications
facilities and to preservethe scenicand historic and environmental of
character the
countryside the BoroughMasterPlan seeks protect.This chapterseeks meet
that to to
the mandate the Telecommunications of 1996,and at the sametime, without
of Act
limiting the generality the foregoing,
of to:
l. Protectresidential and
areas landuses impactsof towers
from the adverse
andantennas.
the
2. Require locationof towersin the H-D HighwayDevelopment District,
QU Quany District and B-C Highway Commercial District ("PermittedDistrict")
and on high voltageelectric transmission
towers and water tanks in all districts
within theBorough.
use
3. Encourage of Boroughownedproperties structures.
or
4. Minimize the total number towerswithin the Borough.
of
5. Stronglyencourage joint useof existingtower sitesor structures a
the as
primaryoptionratherthanconstruction additional
of towers.
single-use
6. Encourage usersof towersand antennas locatethem to the extent
to
wherethe adverse
possible areas
in impacton the community minimal.
is
7. Encourage usersof towersand antennas configurethem in a way that
to
minimizesthe adversevisual impact of the towers and antennasthroughcareful
siting,landscape,
design, and
screening innovative camouflaging techniques.
8. Avoid potentialdamage adjacent
to properties
from tower failure through
and
properengineering carefulsitingof towerstructures.
B. Permitted Use.
l. Notwithstanding anything this chapter the contrary, installation
in to the
of wirelesstelecommunications antennas existingstructures,
on subjectto siteplan
approval,shallbe a permittedusein the H-D HighwayDevelopment District, QU
Quany District and B-C Highway Commercial District ("PermittedDistrict") and
on high voltage electrictransmission towersand watertanksin all districtswithin
theBorough. The installationthereofshallbe asinconspicuous possible.
as
28108
LAND DEVELOPMENT 28-507
2. Notwithstanding anything this chapter the contrary,no new wireless
in to
telecommunications tower shall be permittedunlessthe applicantprovesthat no
existingtower,structure alternative
or the
technology accommodate applicant's
can
need.Costsof alternative technology exceed
that new wirelesstelecommunications
tower or wirelesstelecommunications antennadevelopment shallnot be presumed
to renderany alternative
technology or
unsuitable unavailable.
3. If a Borough property or structurecan fulfill the requirements the
of
applicant's antenna must locateon Boroughpropertyor
location,the applicant
structure, the Boroughconsents suchlocationand the propertyor structure
if to is
within a "permitteddistrict."
4. Eachapplicant shallpresentcompetent proof that it hasexamined use
the
of Boroughownedproperties structures,
or minimizedthe total numberof towers
and telecommunication antennas within the Borough,examinedthe joint use of
existing tower sitesor structures a primary option rather than construction
as of
additionalsingle-use towersor structures considered
and areaswherethe adverse
impacton the communityis minimal.
5. A wirelesstelecommunications tower or wirelesstelecommunications
antennamay be permitted as either a principal use or accessory use.
Notwithstanding other provisionof the Codeof the Boroughof Watchung,
any a
differentexisting structure the samelot shall not precludethe installationof a
on
wirelesstelecommunications tower or wirelesstelecommunications antenna on
suchlot.
C. Bulk Standards. An applicant proposing to construct a wireless
towershallcomplywith the following bulk standards:
telecommunications
1. Minimum total lot size (thelot uponwhich the applicant leased
has or
purchased portion thereoffor its use) - 2 acres(excludingBoroughowned
a
properties structures)
or
2, Minimum setback wireless
of towerfrom:
telecommunications
a. Any propertyline - Towersmust be set back a distanceequalto at
leastl207oofthe towerheightfrom any adjoining line
lot
- equalto
b. Any existingresidence Towersmustbe setback a distance
of buildings
at least200Vo thetowerheightfrom all nonappurtenant
c. telecommunications - 1.500
Anv wireless tower feet
28r09
28-507 BOROUGHOF WATCHUNGCODE
3. Minimum setback equipment
for compound from any propertyline - The
district"setback
"permitted requirements anyprincipalbuilding
for
4. Maximumheightof wireless tower - 150feet
telecommunications
5. Maximum height of attached antenna- 10 feet beyond the highest
of
elevation the buildingor structure whichattached
on
D. Site Plan Requirements. additionto the siteplanrequirements
In contained in
the
this chapter, following siteplan application
requirementsapplyto the installationof
wirelesstelecommunicationstowers.
l. Wirelesstelecommunications on
antennas existingstructures buildings
or
andwireless telecommunications towersshallbe designed, locatedandscreened to
blendwith and into the existingnaturalor built surroundings as to eliminateto
so
themaximum extentpracticableadverse visualimpacts throughthe useof color and
camouflaging, architectural
screening, treatment, and
landscaping otherappropriate
means which shall minimizethe visualimpactof suchantennas towersonand
neighboring residences the character the Boroughas a whole. All potential
and of
visualimpactsof the wireless telecommunications installationmustbe analyzed by
to
the applicant illustratethat the selected provides bestoppoftunity
site the to
minimizethe visual impactof the proposed facility. Wirelesstelecommunications
shouldbe locatedto avoid beingvisually solitaryor prominentwhen
installations
viewedfrom residential areas publicview.
or
2. Wirelesstelecommunications on
antennas existingstructures buildings
or
and wirelesstelecommunicationstowersshallbe placedto ensure that significant
viewscapes, and
streetscapes, landscapes not visuallyimpaired.
are The viewsof
and vistasfrom architecturally
significantstructures shall not be impairedor
diminished the placement telecommunications
by of facilities.
3. The wirelesstelecommunications
equipment compoundshall be located
areas thepublicway.
from residential
andscreened and
4. The wirelesstelecommunications equipment compound shallbe enclosed
within a solid woodenfenceno lessthanseven feetnor morethaneight (8) feet
(7)
by
high, as authorized the approvingauthority.Suchfenceshall includea locking
securitygate.The heightof the equipment building shall not exceednine (9) feet
for flat roofs andfourteen(14) feet for pitchedroofsandthe areaof the equipment
building shall not exceedtwo hundred(200) square feet. Fences authorized under
this chaptershall be exemptfrom Section28-502of the Code of the Boroughof
Watchuns.
28110
LANDDEVELOPMENT 28-507
5. A wirelesstelecommunicationsequipment no
compound morethanone
thousand(1,000) squarefeet in area may be erectedin supportof wireless
telecommunications
antenna only if:
but
a. It is situatedbehind existing vegetation, tree cover, structures,
buildings or terrain featureswhich will shield completelythe wireless
telecommunications equipmentcompound from view; or
b. When a locationcompletely of public view is not possible,
out a
landscape buffer not lessthan twenty (20) feet in width shall be provided
outsidethe fence enclosingthe wirelesstelecommunications equipment
compound to shieldcompletely facility from public view. Landscaping
the
shall includenativeevergreen deciduous
and treesnot lessthan eight (8) feet
high at the time of planting.The numberof treesto be plantedshall be the
equivalent staggered
of doublerows at fifteen (15) feet on centeraroundthe
compound perimeter.
6, A wireless telecommunicationsequipment compound shallbe maintained
in accordance with the site plan approvedfor it in a serviceable,
safe and
pleasing
aesthetically manner.
7. Noise from the telecommunicationsequipmentshall be less than forty
(40) decibels the propertyline, except emergency
at for situationsrequiringthe use
of a backupgenerator.
8. All site plan detailsrequiredhereinfor wirelesstelecommunications
towersshall be providedand shallincludethe propertyand site boundaries,
tower
location,existingandproposed includingaccessory
structures, existing
structures,
and proposedground-mounted equipment, vehicularparking and access and
and
structures landusedesignations the siteandabutting
on parcels.
plan
9. A landscape drawnto scale showingproposed including
landscaping,
speciestype size,spacing,otherlandscapefeatures, existing
and vegetation be
to
retained,
removedor replaced. The applicantshall be requiredto comply with the
approved plan
landscaping andto maintain plantings.
the
10. A report from a qualified expert certifying that the wireless
telecommunications tower andequipment facility comply with the lateststructural
and wind loading requirements set forth in the Building Officials and Code
as
Administrators ("BOCA") International, Inc., Code,or the Electronic Industries
AssociationTelecommunications Industries Association ("EIATIA") 222Revision
F Standards,entitled"Structural
Standards SteelAntennaTowersandAntenna
for
Supporting (or
Structures" equivalent), it may be updatedor amended, such
as or
of
othercode as may apply to thesefacilities,includinga description the number
it to
andtypeof antennas is designed accommodate.
28III
28-507 BOROUGHOF WATCHUNGCODE
ll. A binding,irrevocable letterof commitment the applicantand the
by
propertyowner to leaseexcess spaceon the tower to other potentialusersat
prevailingmarketratesandconditions. applicant's
The shallsimultaneously
counsel
submita separate opinion of counselexpressing suchcounsel'sopinion as to the
of
enforceability suchbinding, irrevocable letter of commitmentby the Borough
underthe lawsof the Stateof New Jersey. ShortForm Memorandum the letter
A of
of commitment shall be recordedwith the CountyClerk prior to issuance aof
buildingpermit.The lettershallcommitandbe bindinguponthe tower ownerand
in
successors interest,
12. Elevationsof the proposedtower and accessory building generally
depictingall proposed platforms,
antennas, finish materials all otheraccessory
and
equipment.
13. A copyof the lease deedfor the property.
or
14. A plan which shall reference existingwireless
all telecommunications
facilitiesin the Borough,any suchfacilitiesin the abutting which
municipalities
provideserviceto areas within the Boroughand any changes within the
proposed
following twelve (12) monthperiod,includingplansfor new locations and the
of
discontinuance relocation existingfacilities.
or
15. A three hundred sixty (360) degreedrawn perspective a photo
or
simulation four (4) locations(at ninety (90) degree
at increments) the proposed
of
towerdrawnto an appropriatescale.
16. In implementing NationalEnvironmental
the Policy Act ("NEPA"),the
Federal CommunicationsCommission requires applicants to prepare
"environmental assessments" towersthat areproposed be locatedin certain
for to
environmentally sensitive areas, including:officially designated wildlife preserves
or wilderness areas;100-year floodplain;situations which may affectthreatened or
endangered or
species critical habitats;or situations which may causesignificant
change surface
in features,suchaswetland fills, deforestation waterdiversion.
or In
addition,an environmental assessment must be prepared when sites listed or
eligiblefor listing in the NationalRegister HistoricPlaces
of may be affected. That
an environmental assessment requireddoesnot necessarily
is meanthe tower
cannot built. It does,however, for publicnoticeandopportunity comment
be call to
on the environmentalimpacts of the proposedtower. If the Federal
Communications Commission, after review of the comments, makesa finding of
"no significant impact,"theprojecthascleared NEPA scrutiny.
28112
LAND DEVELOPMEN] 28-507
E. Desigl Standards.
1. A wireless telecommunications and to
towershallbe designed constructed
accommodate least three (3) antenna
at arraysof separatetelecommunication
providers(theapplicant's two (2) co-locators).
and
2. Signsshallnot be permitted for
except a sign displaying ownercontact
information, warnings,equipment informationand safetyinstructions.
Suchsign
shall not exceedtwo (2) squarefeet in area.No commercialadvertisingshall be
permitted any wireless
on telecommunications facility.
3. No lighting is permitted
exceptasfollows:
a. Wireless telecommunications equipmentcompoundsenclosing
electronicequipmentmay have securityand safetylighting at the entrance,
providedthat the light is attached the facility, is focuseddownwardandis
to
on timing devicesand/orsensors thatthe light is tumedoff whennot needed
so
for safetyor securitypurposes; and
b. No lighting is permittedon a wirelesstelecommunications
tower
unlessrequiredby the FederalCommunications or
Commission Federal
AviationAdministration.
c. If lighting is required, lighting alternatives designchosen
the and
the
shallcause leastdisturbance the surrounding
to views.
4. Wireless telecommunications antennas wireless
and telecommunications
towersshall be properlymaintained the owneror lessee assure
by to their continued
structuralintegrity.The ownerof the tower or antenna shall also performregular
maintenance of the structureand of the site as to assure that it doesnot createa
An
visual nuisance. independent licensed professional engineer shall submita
written report to the BoroughEngineerevery two (2) years and/or after tower
of
modification the additionof any antennas to the structure the towerandany
or as
relatedmatters.
5. Wireless telecommunications towers. wireless telecommunications
antennas to
and other equipmentshall be of a color appropriate the tower's
locationalcontextand to makeit as unobtrusive possible,
as unlessotherwise
required the Federal
by AviationAdministration.
6. Wirelesstelecommunications by
facilitiesshall be surrounded security
featuressuchas a fence.All towersshallbe designed with anti-climbing in
devices
orderto preventunauthorized Additional safetydevicesshall be permitted
access.
or required, needed, asapproved the approving
as and by authority.
28113
28-507 BOROUGHOF WATCHLTNG
CODE
7. Any proposed new telecommunications
tower shallbe a monopoleunless
the applicant demonstrate a differenttype structure necessary the co-
can that is for
location of additional antennas the tower. Such structuresshall employ
on
camouflage technologywhere appropriate
and whererequiredby the approving
authority.
8. Wirelesstelecommunications towersand wirelesstelecommunications
antennasshall be constructedto the Electronic Industries Association
Telecommunications Industries ("EIATIA') 222 RevisionF Standards,
Association
entitled"StructuralStandards SteelAntennaTowersand AntennaSupporting
for
(or
Structures" equivalent), it maybe updated amended.
as or
9. All equipment shall be designed and automated the greatest
to extent
reasonablypossible orderto reduce needfor on-sitemaintenance thereby
in the and
minimize the needfor vehiculartrips to and from the site. Accessshall be from
established access
site pointswhenever possible,minimaloff-streetparkingshallbe
permitted needed asauthorized the approving
as and by authority.
10. If requiredby the BoroughEngineer, 2O-footlong by l0-foot wide
a
pavedapronat the edgeor the roadwith an accompanying out.
curb
F. Health Report.
1. Every application by
shallbe accompanied a healthreportcertifyingthat
the radio frequencyemissionsfrom the antennas within Federaland State
are
guidelines.
2. Where there are multiple carriersat a location, the health report shall
the
discuss cumulativeeffectof the radiofrequency emissions all of the carriers.
of
G. Antenna Modifications; Abandonment.
are
1. Wheneverantennas modified or replaced,operatorsof wireless
telecommunications facilitiesshallprovideto the Borougha reportfrom a qualified
expertcertifyingthat a wireless telecommunications tower or buildingor other
supportstructure modifiedcomplieswith the lateststructuraland wind loading
as
requirements set forth in the Building Officials and Code Administrators
as
("BOCA") Intemational, Inc. Codeand the EIATIA Standard referenced above.
Suchmodifications shallbe subject siteplanreviewandapproval.
to
2. Operatorsof wirelesstelecommunications facilities shall notify the
Boroughwhenthe useof suchantennas is
and/orancillaryequipment discontinued.
Facilitiesthat arenot in operational for wirelesstelecommunications
use purposes
for a period of six (6) monthsshall be removedby the operatorat its cost. This
removalshalloccurwithin ninety(90)daysof the endof suchsix (6) monthperiod.
28114
LANDDEVELOPMENT 28-507
Upon removal,the telecommunication facility site shall be cleared,restored,
and
revegetated blend with the existing surrounding
to vegetation the time of
at
abandonment. the above is not accomplished the operatoror owner, the
If by
Boroughmay removethe sameat the operator's owner'sexpense. operator
or The
shallbe requiredto submitto the BoroughZoningOfficer verificationof continued
use of the facilitiesas issuedby the Stateand/orthe FederalCommunications
Commission or aboutthe first of everycalendar
on year or otherrenewalperiod.
The Boroughretainsthe right to useany abandoned wirelesstelecommunications
on
equipment municipalproperty its own use.
for
3. The applicant the telecommunications
for tower shall post a performance
bondin the amountof an estimate
prepared the BoroughEngineer ensure
by to the
removalof the tower.
H. Co-locationand SharedFacilitiesand Sites.
1 . F e d e r a l C o m m u n i c a t i o n sC o m m i s s i o n l i c e n s e d w i r e l e s s
telecommunications providersare encouraged constructand site their facilities
to
with a view towardsharing facilitieswith otherutilities,co-locating with other
existingwirelessfacilities and accommodating co-location other future
the of
facilitieswheretechnically, practically economically
and feasible.
2. The applicant the telecommunications
for tower shall ensurethat thereis
sufficientspaceon the tower for the installationof Boroughcommunications
if
equipment, necessary.
I. NonconformingWirelessTelecommunicationsSites.
1. Wirelesstelecommunications in existence the dateof the original
sites on
of which do not complywith the requirements this chapter
adoption this chapter of
(arenonconfodng), aresubject thefollowing provisions:
to
a. Such nonconforming sites may continuein use for the purpose
presently
used,but may not be expanded without complyingwith this chapter,
exceptasprovidedbelow.
b. Suchnonconforming siteswhosestructures partially damaged
are or
destroyed due to any reasonor causemay be repairedand restoredto their
former use,locationand physicaldimensions subjectto obtaininga building
permit therefor,but without otherwise complyingwith this chapter, unless
destruction the structure greater
to is than fifty percent(50Vo), then repairor
restoration requirecompliance
will with this chapter.
28tr5
28-507 BOROUGHOF WATCHLTNG
CODE
c. The owneror operator any nonconforming may repair,rebuild
of site
and/orupgrade(but not expandsuchsite or increase height or reduceits
its
in
setbacks), orderto improvethe structural integrity of the facility, to allow
the facility to accommodate
colocatedantennas facilities,or to upgrade
or the
facilitiesto currentengineering,
technological, communications
or standards,
withouthavingto conformto theprovisions this chapter.
of
J. Fees. Site plan applicationfees and escrows for telecommunications
installations
shallbe asfollows:
1. If no new tower is proposed, application of two thousand
an fee five
hundred($2,500.00) dollarsand an escrowfee of two thousandfive hundred
($2,500.00)
dollars.
2. If a new tower is proposed,an applicationfee of four thousand
($4,000.00) ($5,000.00)
dollarsandanescrowfeeof five thousand dollars.
(Ord.No. OR:- $ 28-507)
28r16
LAND DEVELOPMENT 28-602
ARTICLE 28.600
DEVELOPMENT REQUIREMENTS AND STANDARDS
28.601. PURPOSE
The purposeof development is
standards to foster functional and attractive
development property,to minimizeadverse
of impacts,andto ensurethat development
projectswill be an asset the community.
to Designguidelinesprovidea frameworkfor
soundplanning; design standards forth specific site improvement
set requirements.
(Ord.No. OR:- $ 28-601)
28.602. GENERAL DEVELOPMENT STANDARDS
In filing an application development, applicantshall comply with the
for the
following development standards:
A. GeneralStandards.
l. In reviewingan application development, PlanningBoard,Zoning
for the
Boardof Adjustment Administrative
or compliance
Officer shallascertain with the
followinggeneralrequirements:
a. The provisions this chapter
of with respect lot areas,
to setbacks,
and
buildingcoverage lot coverage, floor area,buildingheight,openspace,
andall otherapplicablezoningrequirements.
b. Adequate provisionis madefor off-street
parkingin accordance with
this chapter,and adequate access,traffic circulation,traffic safety and
to
protection adjoining with
property provided accordance this Article.
is in
c. Adequate provisions madefor the disposalof stormwater
are as
by
approved the BoroughEngineer thoseprovisions
and meetthe requirements
of Section28-604of this chapter.
d. Adequate provisionis madewith respect soil erosion
to andsediment
control as approved the BoroughEngineer
by and in compliancewith the
requirementsofthe Section28-603ofthis chapter.
e. Utilities and other public improvements designed a manner
are in
approved the Borough
by Engineer in compliance
and of
with therequirements
the Section28-605ofthis chapter.
with the
f. Lighting andlandscaping designed a mannerconsistent
is in
standards
applicable contained Sections
in respectively.
28-608and28-609,
28rr7
28-602 BOROUGHOF WATCHTJNG
CODE
g. The location,design, construction any buildingshallnot impose
or of
risks
anyunreasonable with regard traffic safety,
to public safetyor hazard.
h. The designor construction any building or usewill be consistent
of
of
with thecharacter theneighborhood zone.
and
i. Conformance
with all applicable
standards this Article.
of
j. Conformance regulations appropriate
to of local, County,Stateand
agencies RSIS,asapplicable.
Federal and
2. All developments shallbe designed encourage
to goodplanningconcepts
and quality developmentpatterns within the municipalityand conformto the
MasterPlanandOfficial Map andtheproposals conditions
and shownthereon.
for
3. An application development all
shalltakeinto consideration existing
localandregionalplansfor the surrounding
communities.
4. The designof the development shallbe based a site analysis
on which
geology,topography,
investigates surface groundwater,depthto seasonal
and high
watertable,existingvegetation,
environmentally
sensitive
areas,
structures,road
networks, past
visualfeatures, andpresent of the site,andotherfactorsthatmay
use
affectproperdevelopment the site.
of
5. The following specificareas shallbe preserved the extentconsistent
to
with the reasonable
utilizationof land, andin accordance Federal,
with applicable
State localregulations:
and
a. Uniqueand/orfragileareas,
includingwetlands;
b. treesor stands trees;
Specimen of
c. Landsin the flood plain,asdefined Stateandlocal regulations;
by
d. Steep slopes excess ten percent
in of (llVo) asmeasured a two-
over
foot interval unless appropriateengineering measuresconcerningslope
stability,erosion, public safetyaretaken;
and
or wildlife, as identified on
e. Habitats of endangered threatened
and
Federal Statelists;
f. Historicallysignificantstructures by
and sites,as designated the
Boroughin the MasterPlanor as listedon a Federal,Stateor Countyregister
or mapof historicplaces;
and,
28118
LAND DEVELOPMENT 28-602
g. Preservationof lakes, streamsand drainage swales to avoid
eutrophication otherdegradation to development.
or due
6. The development shall be laid out to avoid adverselyaffectingground
waterandaquiferrecharge; reduce andfill; to avoidunnecessary
to cut impervious
cover,to preventflooding; to provideadequate access lots and sites;to protect
to
scenicviews; and to mitigateadverse effectsof shadow,noise,odor, traffic,
and
drainage, utilitieson neighboring properties.
7. To the extentconsistent
with the reasonable of land, site designshall
use
promotethe conservation energythroughthe useof planningpractices
of designed
to reduceenergyconsumption to providethe maximumutilizationof renewable
and
energy Wheretopography
resources. permits,encourage placement buildings
the of
andstreets maximizea southern
to Significantsolaraccess buildings
orientation. to
and roadsare possiblewith a maximumdeviationof thirty (30) degrees true
of
south. Wherepossible,
roadways shallbe placedsouthof ridgelines.
8. Stormwater management and
techniques stormdrainagefacilitiesshallbe
and
designed developed an integralpart of the development, arranged use
as and to
asmuchofthe existingnaturaldrainage possible.
as
9. The useof openspace shallbe encouraged reduce perceived
to the density
of subdivisions, providea bufferbetween
to landuses to providerecreation
and and
pedestriancirculationopportunities.
10. Buildings shall be placedso that adequate
privacy, light and air is
for
provided all units.
11. All site improvements
shallconformto the requirements this chapter
of
and/orRSISandotherstandards developed the BoroughEngineer on file
as by and
with theBoroughClerk.
12. The application shall conformto designstandards will encourage
that
sound patterns development
of within the Borough.If any MasterPlan or the
Official Map provides for the reservationof designatedstreets, public
drainageways, flood control basins, or public areas within the proposed
development, beforeapproving subdivision siteplan,the respective
a or Boardshall
further requirethat suchstreets,ways,basinsor areas shownon the plat for a
be
periodof one (1) yearafterthe approval the final plat or for suchfurthertime as
of
to
may be agreed by the developer. Unlessduring suchperiodor extension thereof
or
the municipality shall have enteredinto a contractto purchase institute
condemnation proceedings to
according law for the fee or a lesserinterestin the
land comprising suchstreets,ways,basinsor areas, developer
the shall not be
28r19
28-602 BOROUGHOF WATCHTJNG
CODE
boundby suchreservations shownon the plat andmay proceed usesuchlandfor
to
privateusein accordance with applicable development regulations. provisions
The
of this sectionshall not apply to streetsand roads,flood control basinsor public
drainage waysnecessitated the subdivision landdevelopment required
by or and for
final approval.(Reference MLUL 40:55D-44)
13. The applicantshall observethe requirementsand principlesof land
as
subdivision, applicable, the designof eachsubdivision portion thereoi as
in or
setforth in this chapter.
14. No development shall have a name that will duplicateor so nearly
the
duplicate nameof an existingdevelopment as to be confused
so with such
All
names. development names shallbe designated the respective
by Boardin its
resolution preliminaryand/orfinal approval.
of
B. Blocks.
1. Block lengthandwidth or acreage within bounding roadsshallbe suchas
to accommodate size of lots requiredby this chapterand to provide for
the
access,
convenient circulationcontrolandsafetyof street
traffic.
2. In blocksoveronethousand (1,000)feet long, pedestrian
walksextending
from streetto streetand suitablypavedmay be requiredin locationsdeemed
by
necessary the Board.
3. Blocksshallnot be in excess one thousand hundred
of two (1,200)feet
unlessthe Boardhavingjurisdiction,at its discretion,
believessuchrequirementto
to
be contrary the bestinterests theBorough.
of
C. Lots.
l. Wherethereis a question to the suitabilityof a lot or lots for their
as
use
intended due to factorssuchasrock formation, poor drainage conditions,flood
steep
conditions, wetlands,
slopes, inadequate sewage disposal,inadequate water
supply or other such circumstances, respectiveBoard, after adequate
the
may decline approvalof such lots or require that such lots be
investigation,
enlargedand/orotherwise within suchareas
modifiedso asto avoidconstruction to
mitigatenegative
conditions.
2. Dimensions lots andlot areas
of of
shallconformto the requirements this
chapter,Whereextrarighrof-way width hasbeendedicated wideningof streets,
for
lots shall begin at suchextra width line, and all setbacksshall be measured
from
suchline. Lot areashallbe measured excluding proposed rights-of-way.
28t20
.
LANDDEVELOPMENT 28-602
3. Insofaras is practical,
sidelot lines shall be at right angles straight
to
streets, radialto curvedstreets.
and
4. Every lot shall haveaccess is sufficientto afford a reasonable
that means
of ingress egress emergency
and for vehicles.
5. In the caseof cornerlots, or lots which run throughfrom one streetto
another, yard areasfacing eachstreetshallbe considered front yards.Eachcorner
lot shallhaveone (1) rearyardandone(1) sideyard.
D. Monuments.
l. Outbound monuments shallbe setandidentifiedby survey,asrequired
by
the Map Filing Law prior to the acceptance any applicationfor minor
of
subdivision majorsubdivision.
or
2. Monuments shallbe provided accordance N.J.S.A46:23-9.11.
in with All
internalmonuments installed the time of final subdivision
not at shall
approval
requirea cashperformancebond.
E. Grading.
l. Lots shallbe graded thatthe surface
so waterswill flow unimpeded the
to
streetor to any systemof drainage to
designed convey the surfacewatersaway
from the lots and the development as to preventthe collectionof surface
so water
on thelots.
2. Elevationsof lots adjacent abuttingpropertiesshall not be alteredto
to
createa slope of greaterthan 3:l to any adjacent abuttingpropertyunlessa
retainingwall is installed.
Retaining wallsconstructed within ten (10) feetof any
propertyline shallnot exceedfour (4) feetin heightandshallbe constructedsubject
to the approval the Borough
of Engineer.
3. All grading of lots shall be subjectto the approvalof the Borough
Engineer.Individual lot grading and drainageplans shall be submittedand
prior to construction.
approved
4. Gradingshallbe designed accordance the standards
in with in
established
Section "Soi1
28-603, ControlStandards."
ErosionAnd Sediment
5, Only those trees necessary permit the constructionof streets,
to
dwellingsandotherauthorized
driveways, shallbe removed.
structures
F. Easements.
1. Utility anddrainageeasements be of sufficientwidth, asdetermined
shall
to the
by the BoroughEngineer, accommodate facilitiesto be constructed including
access maintenance, in no case
for but shallbe lessthantwenty (20)feetin width.
28121
28-602 BOROUGHOF WATCHLTNG
CODE
2. Where a site is traversed a watercourse,
by drainageway,channelor
stream, thereshall be provideda conservation
easement conformingsubstantially
with the lines of such watercourse of suchwidth or construction, both, as
and or
will be deemed adequate the respective
by Board for the purpose guaranteeing
of
the protectionand continuance such watercourse,
of drainageway,channelor
stream.
3. Wherefeasible, for
easements utility and drainage within
installations
individuallots shallbe locatedalongpropertylines.
4. Constructed swales,berms,or other topographical drainagefeatures
and
designed intercept directstormwater
to in
shallbe described a deedof easement
in sucha way as to give noticeof their existence future ownersof saidproperty
to
the
and to ensure continuedmaintenance the drainage
of features. of
Disturbance
these shallbe restricted the deedof easement.
features by
5. All easements shallbe described the deedby metesand bounds
in and
shall be shownon the plat and clearly labeledand dimensioned permit the
to
accuratelocationof the easement limits.
6. The application shallprovidefor sighteasements intersections
at and/orat
curvesor deflectionpointson streets orderto allow for propersight distance
in in
with
accordance the applicable standards in
contained Section28-606.
G. Flood-Proneor Other UnsuitableLands.
1. Land deemedby the Board havingjurisdiction to be unsuitable for
for
development any reason specified Section28-602CI.shallnot be plattedfor
in
residential nonresidential nor for othersuchusesasmay increase danger
or use, the
to health,life or property,or aggravate flood hazard;but suchland within the
the
plat may be set asidefor such usesas will not be endangered periodicor
by
occasional inundationor will not produceunsatisfactoryliving conditionsin
accordance N.J.A.C. :I3:l-1.
with 7
2. For developmentcontrolsin flood hazardareas,
refer to the Floodplain-
Flood HazardOrdinanceof the Boroughof Watchung*or other applicableState
or
statute regulation.
H. Circulation SystemDesign.
l. The roadsystem shallbe designed permitthe safe,efficientandorderly
to
movement traffic; to organize definecommunities their neighborhoods;
of and and
to meet,but not exceedthe needsof the present
and future populationserved;to
*Editor's
Note: SeeChapter)O(II, Flood DamagePrevention.
28r22
LANDDEVELOPMENT 28-602
have a simple and logical pattern;to respectnaturalfeaturesand topography;
to
present attractive
an streetscape; to complywith New Jersey
and StateDepartment
of Transportation Countyof Somerset
and designstandards.
2. In residential
subdivisions, roadsystem
the shallbe designed servethe
to
needs the neighborhood to discourage by throughtraffic.
of and use
3. Residential streets shall be designed accordance
in with RSIS "street
Hierarchy"as definedby N.J.A.C.5:2I-4.1; includingstandards relatingto
major collectors,
residential residential minor collectorsandresidential
access/cul-
de-sacs.
4. Residential shall avoid,wherepossible,
developments direct vehicular
access residential from majorarterialandarterialroads.
to lots
5. Residential driveways parkingareas
and shallbe developed accordance
in
with the requirements Section
of 28-401W.
6. AII developments
shall comply with applicable
standards in
contained
Section28-607and608.
7. The pedestriansystem shall be located as required for safety. In
conventional developments,sidewalks requiredand shall be placedparallelto
are
the street,with exceptionspermittedto preservenatural featuresor to provide
visualinterest.
8. Pedestrian circulation systemsshallbe integratedinto subdivisions
and
site plans and provide links betweenresidences,recreationareas,neighborhood
schools, comrnercialareas,houses worship,
of parkingareas publicfacilities.
and
I. Solid Wasteand Recyclables.'
1. All developments provide adequate
shall for of
disposal solidwasteand
provisions handling
for recyclablematerials.
2. For nonresidential usesand multi-family developmentsthereshall be at
leastone (l) locationfor trashdisposal and recyclablematerialsituatedeither
within a buildingor within the sideyard or rearyard.Solid wasteandrecycling
storageareas shallbe setbacka minimumof ten (10) feet from adjoiningproperty
linesandareprohibited within thefront vard.
*Editor's
Note: See also Section 30-610, Recycling and Solid Waste Requirements for New
Developmentsof Multi-Family Residential Units or Commercial, Institutional, Government or Industrial
Properties.
28123
28-602 BOROUGHOF WATCHUNGCODE
3. Nonresidential exteriortrashand recyclable containers shall be fully
screenedthroughuse of a gatedboard-on-board wood fenceand landscaping or
masonry wall andlandscaping. a fenceis provided, distance
If the between opposite
boards separated a rail/beam
by shallnot exceed two (2) inches. one (1) inch
A
overlapof oppositeboardsshallbe provided. a masonry
If wall is provided, shall
it
be designed be compatiblewith the architectural
to of
character the development.
Suchfenceshallbe no lessthansix (6) feetin heightnor morethaneight (8) feetin
height.
4. Adequate shallbe providedto a solid wasteand recyclingstorage
access
facility.
J. NonresidentialArchitecture and Design.
and
L Thedesign layoutof buildings shallprovide aesthetically
an pleasing
designthat is compatiblewith the character surrounding
of To
development. the
extentpossible, new nonresidentialdevelopment within an existingcommercial
areashallbe consistent compatible
and with buildingsin the adjacentareain terms
of setbacks buildings,buildingheight,buildingmaterials color,roof designs,
of and
entrancedesign, windowdesignandplacement, architectural
and style.
2. New structures
shallrelateto thenatural
terrain.
3. The architectural designof nonresidential
usesshall,to the maximum
extent possible,avoid the appearance clutter by integratingmechanical,
of
electrical,
$torage loadingfacilities,
structures, chimneys, etc.,
smokestacks, into
thegeneral architectural for
concept the site.
4. Nonresidential developments consisting two (2) or more buildings,
of
whetherindividually owned or owned by separate entities,shall maintaina
consistentdesignthemeincludingbuildingsilhouette, architectural
styleandscale;
of
massing building form; surface finish andtexture;decorative
material, features;
window and doorway proportions, entrywayplacement location,signage
and and
landscaping throughoutthe development. Within this overall design theme,
individualbuildingsmay be differentiated size,shape,
by detailingandfenestration.
5. Buildingsshallbe designed as to haveattractive,
so finishedappearances
from all public spaces Where sidesand rear of a building would be
and streets.
visible from a public space street,suchside andrear elevations
or shall presenta
finishedandattractive architectural Such
appearance. rearand sideelevations shall
incorporate architectural
the features theprimaryor front facade.
of
28124
LANDDEVELOPMENT 28-603
6. Blank walls shall be avoided. Facadearticulations such as windows,
trellises, recesses, arcades,openings,ornamentation, changesof material,
landscaping and,/or
other suchfeatures
shallbe usedto lessen impactof blank
the
walls.
7. All rooftop equipmentshall be screenedfrom view by materialsof the
samenatureas the main structure. feasible,
If mechanical equipment shall be
locatedbelow the highest
verticalelement thebuilding.
of
8. All additions, and
alterations accessory structures shall be compatible
with the principal structureand designand material and shall sharea common
architectural
theme.
9. Where applicable, preservation existing historic structures
the of on
sites
redevelopment to protectthe scenic of
character an areais encouraged
K. Phasingof Development. Eachphaseof a phased projectshall
development
be ableto standaloneasarchitecturally visuallycomplete shallbe ableto stand
and and
aloneconsidering grading,anddrainage that if subsequent
infrastructure, so phasesare
not completed,eachcompleted phase be self- sufficient.
will
(Ord.No. OR:-- $ 28-602)
28-603. SOIL EROSION AND SEDIMENT CONTROL STANDARDS
In filing an application development, applicantshall comply with the
for the
following soil erosionandsedimentcontrolstandards:
A. Soil Erosion and Sediment Control Standards. The soil erosionand
sedimentcontrol plan shall meetor exceed "Standards Specifications Soil
the and for
Erosion and SedimentControl," adoptedby the Somerset-Union County Soil
District and,in addition.
Conservation shallmeetall of the followine standards:
controlplan shallcontainthe following:
1. Eachsoil erosionandsediment
a. A designation the on-site
of soilsandthe soil boundaries.
b. The locationand description all existingnaturaland manmade
of
features andwithin five hundred
on (500)feet of the site boundary,
including
contours, two (2) foot intervals.
existingandproposed at
c. The locationanddescription all proposed
of to
changes the site.
d. All temporary and permanent measures be utilized to control,
to
minimize and protectagainstsoil erosionfrom a proposed land disturbance,
taking into accountthe particularnatureand characteristics the land.The
of
28t25
28-603 BOROUGHOF WATCHI-INGCODE
plan shall cover all stagesand aspectsof the proposed land disturbance and
planned development from grading, stripping, excavation and other site
preparation activities through and including both final grading and the
installation of permanentimprovements.
e. A scheduleof the sequence installation for the plannederosion and
of
sediment control measuresas related to the progress of the project including
anticipatedstarting and completion dates.
2. Each soil erosion and sediment control plan shall conform to the
following generaldesignprinciples:
a. Control measuresshall apply to all aspectsof the proposed land
disturbanceand shall be in operation during all stagesof the land disturbance
activity.
b. The smallest practical area of land shall be exposed at any time
during developmentand when feasible, all natural vegetation shall be retained
and protected.
c. Vegetative protection or mulching shall be used to protect critical
erosion areasduring development.
d. Temporary and permanentdiversionsand outlets shall be constructed
or installed to accommodatethe increasedrunoff causedby the changed soil
and surfaceconditions during and after development.
e. Sedimentbasins,debris basins,desiltingbasinsor silt traps shall be
installed to trap and remove sedimentfrom runoff waters.
f. Adequate provisions shall be made to minimize surface water from
damaging slopes and embankments.Diversion structures, consisting of
temporary compacted earth embankment areas, bales of straw, ditches, and
swales shall be constructedto interceDtsurface water runoff before it reaches
erodible areas.
g. Cut and fill slopesshall not be steeperthan 2:l unless stabilized by a
retaining wall or cribbing, except as approvedby the respectiveBoard and
when handledunder specialconditions.
h. Adequate provisions shall be made to prevent surface water from
damagingthe cut face of excavationand the sloping surfacesof fills.
i. Cut and fills shall not endangeradjoining property.
j. Fill shall be placed and compactedso as to minimize sliding or
erosionof the soil.
28t26
LAND DEVELOPMENT 28-603
or
k. Fill shall not encroachon natural watercourses constructed
channels.
channels
l. Fill placedadjacent naturalwatercourses constructed
to or
shallbe protected erosion
against duringperiods flooding.
of
m. Gradingshallnot be donein sucha way to asto divert waterontothe
propertyof anotherlandownerwithout the expressed of
consent the affected
propertyownerandapproval therespective
of Board.
n. All disturbedland area shall be stabilized with the proposed
permanentfinal plantcover,lawn,groundcover,etc.,asquickly aspossible
on
anysite.
o, Permanent improvements,
site suchas detention roads,catch
basins,
basins curbsshallbe installed constructed detainthe increased
and or to runoff
resultingfrom modifications the land prior to the development the
to of
approved buildingsor structures.
p. Nonconflictingrequirements Chapter
of XXIIIA, Stormwater, Steep
Slopes ErosionControl,shallapply.In the caseof conflictingor redundant
and
requirements
between this sectionand ChapterXXIIIA, the more protective
requirement, the opinionof theBorough
in shallapply.
Engineer,
3. All necessary erosionand sediment
soil control measures installedunder
this sectionshallbe adequatelymaintained aftercompletion the approved
of project
by the applicantuntil suchmeasures approved
are by the BoroughEngineer theor
Somerset-Union Soil Conservation District. Prior to the acceptance the work
of
performedin accordance with the approved plan, provision shall be madeby the
for
applicant a maintenance pursuant Article 28-900.
guarantee to
4. Regularinspection projects determine
of to in
execution accordance with
the approved plan shall be carriedout by the BoroughEngineer. The Borough
Engineer shalldetermine eachinspection
at or
whether not the provisions the
of
approved plan arebeingfollowedby the applicant. The BoroughEngineer shall
inform the applicantin writing of any observed deviationfrom the approved plan
andrequest immediate compliance with the plan.The BoroughEngineer may issue
a stop-constructionorderif the applicant fails to comply with the of
provisions the
approved plan within ten (10) daysof issuance the stop-construction
of order.
Whena stop-construction no
orderis issued, furtherconstruction activitymay take
placeuntil the applicantachieves compliance of
with all provisions the approved
plan.The Construction Official or ZoningOfficer shallnot issueany certificate of
occupancy unlessthere has beencornpfiance ffith ttre prol-isions of the ap'prol'ed
plan. The BoroughEngineer shall providethe Construction Official or Zoning
Officer with a "Reportof Compliance" uponsatisfactory completion the project.
of
28t27
28-603 BOROUGHOF WATCHUNGCODE
The "Report of Compliance"shall attestto the completionof all work in
compliance practiceand the Code of the Boroughof
with good engineering
Watchung.
5. Certainwords,termsandphrases which relatedirectly to soil erosionand
controlshallhavethe followingmeanings:
sediment
which has
Approved Plan. A plan to control soil erosionand sedimentation
beenapproved theBoardhavingjurisdiction.
by
Erosion. Detachment movement soil or rock fragments water,wind,
and of by
ice andgravity.
Excavation or Cut. Any act by which soil or rock is cut into, dug, quarried,
removed,
uncovered, or
displaced relocated.
Farm Conservation Plan. A plan which providesfor useof land, within its
capabilities treatment,
and to
within its practicallimits, according chosenuse
to preventfurtherdeterioration soil andwaterresources.
of
Land. Any groundsoil or earthincludingmarshes, and
drainageways
swamps,
areas permanently
not covered waterwithin the municipality.
by
Land Disturbance.Any activity involvingtheclearing,grading,transporting,
of
land to be exposed the danger
filling andany otheractivity which causes to
erosion.
to
Mulching. The application plant residue other suitablematerials the
of or
to
land surface conserve hold soil in placeand aid in establishing
moisture,
plantcover.
is
Sediment.Solid material,both mineraland organicthat is in suspension,
beingtransported, hasbeenmovedfrom its site of origin by air, water or
or
gravityasa productof erosion.
SedimentBasin. A barrier or dam built at suitablelocationsto retain rock,
gravel,silt or othermaterial.
sand,
Site.Any plat, parcelor parcels land
of
Soil Erosion and SedimentControl Plan. A plan, which fully indicates
land
necessary treatment includinga schedule the timing for their
measures, of
will effectivelyminimizesoil erosionand sedimentation.
installation, Such
measures and
shall be at leastequivalent the standards specifications
to as
adopted the Somerset-Union
by District.
CountySoil Conservation
mineralandorganic
Soil. All unconsolidated of
material any origin.
28128
LANDDEVELOPMENT 28-604
Soil ConservationDistrict. A govemmentalsubdivision this State,which
of
this
encompasses municipality, organized accordance the provisions
in with of
Chapter24,Title4, N.J.R.S.
or
Stripping. Any activity which significantlydisturbsvegetated otherwise
soil
stabilized surfaces includingclearing grubbingoperation.
and
VegetativeProtection. The stabilizationof erosiveor sedimentproducing
areas landby covering soil with one (1) or moreof the following:(1)
of the
permanent seedingor permanent plantingsproducinglong-term vegetative
cover of land; (2) short-term seedingor short-termplantingsproducing
temporary vegetative
coverof producingareas
land;(3) sodding, coveredwith
a turf or perennial
sod-forming grass.
Watercourse. Any naturalor artificial stream,river, creek,ditch, channel,
canal,conduit,culvert, wash, otherwaterway which
drain,gully,ravine, or in
eithercontinuously
waterflows in a definitedirection, or within
intermittently,
a definitechannel includinganyareaadjacent
and theretosubject flooding.
to
(Ord.No. OR:- $ 28-603)
28.604. STORMWATER MANAGEMENT PLAN STANDARDS
In filing an applicationfor a preliminarymajor subdivisionor preliminarymajor
site plan approval, the applicant shall comply with the following stormwater
management requirements:
A. Stormwater Management Plan Standards. The StormwaterManagement
Plan (SWM Plan) shall be a written descriptiontogetherwith maps,diagrams, charts
and dataconsistent policiesand requirements theseprovisions
with the purposes, of
the
which fully indicates necessary treatment
land and
measures techniques includinga
schedule implementation
of andmaintenance.
1. Purpose. protectthe public health,safetyandwelfareof the citizensof
To
communities,
the Borough and the surrounding theseprovisionsare deemed
in
necessary essential orderto:
and
a. Maintain the adequacy natural streamchannelsand prevent
of
acceleratedbank erosionby controlling the rate and velocity of runoff
to
discharge thesewatercourses.
causedby excessive
b. Preventdisruptionof the streamvegetation
flushingandsedimentation.
c. Prevent degradation stream
of of
waterquality dueto impairment the
function.
biological
stream's
28r29
28-604 CODE
BOROUGHOFWATCHUNG
the runoff by waterretention
d. Enhance qualityof nonpoint measures.
e. Preserve adequacy culvertsand bridgesby suppressing
present of
artificially-induced oodpeaks.
fl
f. Reducepublic expenditures replacement repair of public
for or
facilitiesresultingfrom artificially-inducedoodpeaks.
fl
C. Preventdamages life and propertyfrom flooding resultingfrom
to
ratesandvelocities runoff.
excessive of
the
h. Preventthe degradation propertyby enhancing environmental
of
character the streams.
of
B. Required Data. The SWM Plan shallbe coordinated with the submission
includingthe Soil ErosionandSediment
requirements otherprovisions this chapter
of of
andshallcontain:
ControlPlanrequirements
1. Lot andblock numbers the siteas shownon the currenttax map of the
of
Borough.
2. Nameandaddress the ownerof theland.
of
3. Location, descriptionand quantificationof significant natural and
manmadefeatureson and surroundingthe site, including topography,all
soil
impervioussurfaces, and drainage characteristics, particularattentionto
with
the locationand description presently
of existingsurfacewater runoff control
devices,swamps, woodsandvegetation,
flood plains,swales, steep and
slopes other
featurescriticalto the purposes this chapter.
of
4. Size of the nearest of
culvert or bridgedownstream discharge areawith
profilesandcrosssections the channel
of upstream that structure inventoried
of as
on a mapshowingroads,streams, in
culvertsandbridges the Borough. Profilesand
crosssections streamchannelat all pointsof proposed
of surfacewaterdischarge
from the site,asrequired the Borough
by shallbe providedaswell.
Engineer,
5. All existingor proposed stormsewerlines within or adjacent the tract
to
showingprofile, size and slopeof the lines, directionof flow and the locationof
eachcatchbasin,inlet, manhole, culvert,headwalland utility lines includingpipe
sizeand grades. map drawnto scale(minimumscale1" = 100')showingthe
A
areato eachinlet or crossdrainshallbe providedaswell.
contributing
6. Location,descriptionand quantification proposed
of to
changes the site
whether a permanent temporary
of or nature,with particular to
attention impervious
surfaces, the interception presently
and of dispersed flow which may impactupon
the capacityof the soil, vegetative to
cover and drainageways absorb, retard,
containor controlsurfacewaterrunoff.
I
28130
LANDDEVELOPMENT 28-604
shallbe shown
7. Designation criticalor otherareas be left undisturbed
of to
on
marked the land.
in sufficientdetailto be accurately
8. Computation the total surface
of waterrunoff before,duringandafterthe
disturbance land and/orconstruction impervious
of of surfaces. weighted
A runoff
for
coefficient eachdrainageareashallbe determined usein the computations.
for
9. Proposed measures surface
for watermanagement, includingthe location
andextentof any proposed groundwater rechargebasins,detentionbasinsor other
water,or soil conservation drainage
or Crosssections
devices. everyfifty (50) feet
at right anglesto the long axis of the basin,eachextendingseventy-five (75) feet
beyond top of therim ofthe basinon
the eachsideshallbe providedaswell'
10. A scheduleof the sequence installation of the surface water
of
management and dates theproject.
related the starting completion
structures, to of
11. Proposedmaintenance schedulefor all surface water management
structures,stipulating current maintenance, continued maintenance and
responsibility same.
for
12. A stormwater management containing
reportby the designengineer the
criteriaused,alternates and
reasons selection design
considered, for calculations.
13. All proposed dataas
revisionsof requireddataas well as suchadditional
theBoardhaving jurisdictionmayrequire.
of
C. Review and Approval. The reviewingBoard'sconsideration applications
maybe guidedby, but not limited to, the followingfactors:
proposed
l. The suitabilityof the applicant's surfacewater management
measures, and planning
devices techniques,whether involvingon-siteor off-site
measures, somecombination
or thereof, respect the total surface
in to waterrunoff,
velocities ratesof discharge
and proposed
whichthe applicant's or
construction land
disturbance generate.
may
2. Existingtopography, as
vegetation hydrologicsoil factors,
present and
shownon map entitled"HydrologicSoils,USDA Soil Conservation Service,"
subject field verification.
to
3. Groundwater areas
recharge discharge
and and wet soils,subjectto field
verification.
4. Seasonal groundwater.
high
5. Thedesisnstorm.
2813L
28-604 BOROUGHOF WATCHT]NGCODE
affected
flow andpattemthroughout subwatershed(s)
6. Naturaldrainage the
by the plan.
region'
drainage
vicinity andsurrounding
7. Landusesin boththe immediate
8. Any other applicable relevantenvironmental resource
or and protection
statutes regulations.
ordinance, and
D. Implementation.
L Disturbance. Critical impactareasand other areas be left undisturbed
to
shall be physicallymarkedwith surveystakes or protectedwith temporarysnow
fenceprior to any landdisturbance:
2. Timing. The Board shall requirethe constructionand/orinstallationof
surfacewater management in
improvements accordance with the scheduled
of as
sequence installation approved.
and
3. Bonding.Performance maintenance guarantees requiredunderthis
as
chapter given by the Board in connection
shallincludeguarantees to approvals
as
with StormwaterManagement Plans.
4. Inspection. applicant
The for
shallbearfull and final responsibility the
installationand construction all requiredsurface
of waterrunoff control measures
according the provisionsof the approved
to plan and this chapter.The applicant's
engineer shall prepareand submit as-builtdrawings and certify that all surface
water management measures in
have been constructed accordance with the
provisions the applicant's
of approvedplanunderthis chapter.
During the twelve (12) monthssubsequent the date of completion,
to the
Borough Engineer shallbe responsible havingthe siteinspected
for that
to ascertain
theprovisions the applicant's
of approved plan arecomplied with, includinglimit of
disturbance areas be left undisturbed. BoroughEngineershall give the
for to The
applicant,upon request, certificate
a indicatingthe dateon which the required
stormwatermanagement measureswerecompleted and/oraccepted.
5. Maintenance. the time of approvalof the plan, responsibility
At for
continuedmaintenance surfacewater runoff control structuresand measures
of
shallbe stipulated properlyrecorded.
and
6. BoardApproval.The stormwater plan
management or any majorrevision
shall be approved the Board havingjurisdiction in the mannerand form and
by
to
according the regulationshereafter forth. The Board,in approvingsaid
set
surface plan, may imposelawful conditionsor requirements
water management
28132
LAND DEVELOPMENT 28-604
designated specifiedon or in connection
or therewith.Theseconditionsand
shallbe
requirements providedandmaintained a conditionto the establishment,
as
maintenance continuance anyuseor occupancy any structure land.
and of of or
7. Minor Amendments. Minor revisions a surface
to plan
watermanagement
may be approvedby the BoroughEngineerwho shall notify the Board having
jurisdictionof thenatureandreason the change.
for
8. Enforcement.If at any time the Borough Engineer finds existing
conditions as statedin the applicant's
not approved plan, the BoroughEngineer or
his/her designated order
agent shall by certified mail return receipt requested,
cessation all work and seekto enjointhe violationor take
of suchstepslookingto
the enforcement the plan asmaybe lawful.
of
of plan,the
management
E. GeneralStandards.In the preparation a stormwater
principlesshallbe adhered
followinggeneral to:
L The Stormwater Management Plan shall address following primary
the
7
of N.J.A.C. :8-5.2(a):
requirements
a. Nonstructuralstormwaterstrategies
b. Groundwater standards
recharge
c. qualitystandards
Stormwater
d. Peakreduction and
factors erosion flood control.
for
2. Therateandvelocityof runoff underproposed shallnot exceed
conditions
that which would prevailundertotal coverage a "Meadowof GoodHydrologic
in
Condition"as definedby Soil Conservation ServiceStandards, underexisting
or
conditions,whicheverproduces leastamount runoff.
the of
3. Maximum use shall be madeof presentlyexisting surfacewater runoff
controldevices,mechanisms areas
or grasswaterways;
suchas terraces, favorable
hydrologicsoils,swamps, swales, woodlands,
watercourses, as
floodplains, well as
anyproposed retentionstructures.
of
4. Evaluationshall be madeof the natureof the subwatershed(s) which
the siteis a part,the receivingstream capacities point of concenffafion
channel and
structure shownon the basemap showingroads,streams,
as culvertsandbridges,
and reference requirements conditionsof any Stormwater
or Management Study
and"/orPlan.
28r33
28-604 CODE
BOROUGHOF WATCHTJNG
5. Surfacewater runoff shall not be transferredfrom one watershedto
another.
6. The plan shallcoordinate controlplan and,
with the soil erosion/sediment
whereapplicable,
conformto otherenvironmental in
ordinances force.
7. To the greatest of
possibleextent,the plan shall avoid the concentration
flow and shall discharge
provide for dissipationof velocitiesat all concentrated
polnts.
8. Vegetative with
covershallbe reestablished accordance "Standards
in and
Specifications Soil Erosion and Sediment
for Control in New Jersey"(latest
edition).
Stormwater
9. Prior to construction otherlanddisturbance, applicant's
or the
Management Plan shall establishpermanent
surfacewatermanagement measures,
suchasseeding establishing in grass
or sod waterways.
for
10. Calculations stormwater runoff ratesshallbe submitted the 1-, 5-,
for
l0-,25-,50-and100-year stormfrequencies.
11. The applicantshall provideadequate quality in accordance
stormwater
Statestandards.
with applicable
12. Nonconflictingrequirements ChapterXXIIIA, Stormwater,
of Steep
Slopes andErosion Control,shallapply.In the caseof conflictingor redundant
requirements betweenthis sectionand ChapterXXIIIA, the more restrictive
requirement, the opinionof theBorough
in Engineer,shallapply.
F. Definitions.Certain words, terms and phrasesthat relate directly to
management havethe followingmeaning:
stormwater shall
Channel. A watercourse with definedbed and bankswhich confine and conduct
or flowing water.
continuously intermittently
ConservationEasement. recorded
A or
agreement covenant runningwith the land
for
disturbance favor of a reservation natural
which limits all land or vegetation in
open space;each agreement be entered
to into between the applicantand the
municipality.
Drainageway. Any watercourse, trench,ditch or depression the ground,natural
in
or artificial,whichcollectsor dispersessurface waterfrom land'
Land Disturbance.Any activity involving the clearing,grading,transporting,
filling of land and any other activity which altersland, topography vegetative
or
cover.
28134
LAND DEVELOPMENT 28-605
by RTSC-NEEngineer
Meadowof Good Hydrologic Condition.As defined sheet
200,sheetI of 2 published USDA-SCS
by February 1970.
Natural DrainageFIow. The existingtopographical pattemor system drainage
of
of surfacewaterrunoff from a particularsite,includingthe variousdrainageways
andwatercourses whichcarrysurface water.
from no definabledischarge
Non-Point Runoff. Surfacewaterenteringa channel
source.
(Ord.No. OR:- $ 28-604)
28-605. UTILITY AND PUBLIC IMPROVEMENT STANDARDS
In filing an application development, applicantshall comply with the
for the
following utility andpublic improvement
standards:
A. General.
L All electric, telephone and cable television lines shall be installed
underground within the roadright-of-way appropriate
or easements,exceptasnoted
in this section.
2. Lots which abut existingstreets whereoverhead electricor telephone
may be
distributionlines havebeeninstalled,which polesare not to be relocated,
supplied with electricandtelephoneservicefrom suchoverhead linesor extensions
thereofbut the service from the overhead
connections the structure
to linesshallbe
installedunderground.
3. The applicantshall arrange with the servingutility for the underground
installation utility supplylinesandservice
of connections accordance the
in with
provisions the applicable
of standardtermsand conditionsincorporated part of
as
its tariff as are on file with the Stateof New Jersey Board of Public Utilities.The
applicant shallalsosubmit Boardas a conditionof siteplan or
to the respective
subdivision approvala written instrument from eachservingutility that utility
service will be provided.
4. Except as crossings requiredfor systemdistributionand individual
publicutilitiesshallbe routedwithin the roadright-of-way.
services,
shallbe locatedalongthe side or rear propertylines
5. Utility easements
wherepossible.
28135
28-605 OF CODE
BOROUGH WATCHT.ING
6. All work in connection with the installationof underground utilities
within the streetright-of-wayshallbe completed of
sufficientlyin advance the
construction curbs,pavement,
of sidewalks othersurface
and to
installations allow
for complete settlement compaction
and by approved methods all trenches
of and
otherexcavations. no caseshall any construction
In work be permittedover any
excavation which in the opinionof theBorough Engineer not completely
has settled
or beenproperlycompacted.
7. shallbe provided.
provisions disposal trashandrecyclables
Suitable for of
B. Sewerand Water.
1. No subdivisionor site plan applicationshallbe deemed complete unless
the property which is the subjectof the proposedsubdivisionor site plan
application serviced septicsystem sanitary
is by or sewerand well wateror public
water. Applicantsshall be required,as a condition of completeness all for
subdivision site plan applications, obtainapproval
and to from the Boardof Health
for a septicsystemand well water or obtain a public sanitarysewerand public
allocating
waterutility certifications capacity the property.A sanitary
to sewer
capacityallocation connection collectionsystem
and or extension to
approval serve
the proposed development mustbe obtainedfrom the BoroughGoverning Body. A
WaterMain Extension Agreement Will ServeLetter mustbe obtained
or from the
appropriatewaterutility.
2. Prior to being deemedcomplete, HealthOfficer shall haveapproved
the
eachlot as capable propersewage
of eitherby beingconnected the
disposal, to
public sewage disposalsystemor by useof someotherapprovedmethodpursuant
to theCodeof the Boroughof Watchung by theBoardof HealthOrdinances.
and
3. Wherethereis a needfor off-tract public sanitaryseweror public water
service, applicant
the shall,as a condition completeness at the applicant's
of and
sole cost and expense,obtain all property rights outsidethe boundaries the
of
development the installation sanitary
for of seweror waterservices' Suchproperty
rights,uponcompletionand acceptance the off-tract utility improvements
of shall
and
be dedicated the Boroughof Watchung waterutility.
to
individual
4. If a public sewersystem not in placeor cannotbe extended,
is
septicsystems may be providedwhereapproved the respective
by Board and
in
designed accordance with the standards the Middle-BrookRegionalHealth
of
Commission.
5. All proposals new public sewersystems extensions existing
for or to
public sewersystems the installation "dry lines" or the use of individual
or of
subsurface systems
disposal shallcomplywith the requirements the Codeof the
of
Borough Watchung applicable
of and Statestatutes.
28136
LAND DEVELOPMENT 28-606
6. All uses and lots shall be properly connectedwith an approved
functioning to
sewersystem septicsystem is adequate accommodate
sanitary or that
the reasonableneedsof sucha useand lot prior to the issuance a certificate
of of
occupancy. The designandinstallationshallbe adequate handleall present
to and
probablefuture development. Plans and specificationsshall be submittedfor
approval by the BoroughEngineerand shall be in compliancewith the Sanitary
Sewer by
MasterPlanadopted theGoveming Body.
7. Prior to the issuance a certificate occupancy,
of of everyprincipaluseand
everylot shall be providedwith an approved functioningwatersupplysystem
and
thatis adequate accommodate reasonable
to the needs suchuseor lot. The design
of
andinstallation shallhandle present probable
all and futuredevelopment.
8. Subdivisionsshall provide for the installationof water mains, fire
hydrants,valvesandconnections eachlot. Saidwatermainsshallbe connected
to
watersupplysystem will adequately
to anestablished that needs.
serveanticipated
9. Fire protectionshall be furnishedfor any development to
connected a
communitywater supplysystem. The domestic demandand fire demandshallbe
included the total system
in demand.
10. All proposals extensions existingpublic watersystems the useof
for to or
private wells shall comply with the requirements the Borough Health
of
Department, servicing
the publicwatercompany Statestatutes.
and/orapplicable
(Ord.No. OR:- $ 28-605)
28-606, STREET, INTERSECTION, SIGHT TRIANGLE, CURB, SIDEWALK
AND DRIVEWAY STANDARDS
In filing an application development, applicantshall comply with the
for the
following street, sighttriangle,
intersection, curb,sidewalk drivewaystandards:
and
A. Purpose. This section establishes standardsfor road and associated
improvements the designof streets
and serving projects
residential nonresidential
and as
is
theyrelateto subdivisions siteplans.Thepurpose to:
and
1. Createa well plannedcommunity
2. Promote the safety and convenience vehicular traffic
of
3. Protect the safety of neighborhoodresidents
4. Assure appropriatedrainageflows
28r37
28-606 BOROUGHOF WATCHUNGCODE
5. Minimizecostsfor maintenance repairof infrastructure
and
6. Maintain the character of the area while providing for safety
alongexistingandproposed
improvements roads.
B. Functional Street Classification.The functionalstreetclassificationsystem
dividesWatchung's municipalroadways the followingclassifications
into based upon
street
theresidential definitions
hierarchy in
contained RSIS;
1. Major Collector.Highest order of residentialstreets.Conductsand
distributestraffic between lower-order residential streets higherorderstreets--
and
arterialsand expressways. Carriesthe largestvolumeof traffic at higher speeds.
Function to
is promotefreetraffic flow; therefore parkingshouldbe prohibited and
directaccess homes
to shouldbe avoided.
from this levelof street Collectors should
be designed they cannot
so be usedasshortcuts non-neighborhood
by traffic'
2. Minor Collector.Middle orderof residential Provides
streets. frontage for
access lots andcarriestraffic
to of adjoiningresidentialaccess streets.Designed to
carrysomewhat highertraffic volumes thanlower orderstreets, with traffic limited
to motoristshavingorigin or destination within the immediate neighborhood. is It
not intended carryregionaltraffic.
to
3. ResidentialAccess/Cul-de-Sac. Lowest order of residentialstreets.
Provides frontagefor access lots andcarriestraffic with destination origin on
to or
the streetitself. Designed carry the leastamountof traffic at the
to lowestspeed.
All, or the maximumnumber housing
of units,shallfront on this classof street.
C. Right-of-Wayand Cartway Widths.
l. Municipalright-of-waywidths,for all streets be dedicated
to into the
Boroughroadsystem shallhavea right-of-waywidth of fifty (50) feet.
for
2. Cartwaywidthsshallconformto the RSISstandard the corresponding
streetclassificationsubjectto the approvalof the respectiveBoard and Borough
Engineer,except that where an extension an existing municipal streetis
of
proposed,maintenance the existing cartway width shall be encouraged
of
of
particularlyon lower streets wherethe existingcharacter the neighborhood
and
would be maintained continuingthe existingcartwaywidth. Wherethe cartway
by
of the extensionwould differ from the streetto which it is connected, an
appropriatelydesigned transitionshallbe provided.
in
3. Right-of-wayand cartwaywidths may be increased specialcases
where,because traffic volumes,steepgrades,
of orientation,the presenceor
of parkingor othersuchreasons, respective
absence curbsand on-street the Board
andBoroughEngineerdetermine suchactionis necessary.
that
28138
LANDDEVELOPMENT 28-606
that
4. Siteplansor subdivisions adjoinor includeexistingstreets do not
that
conform to the right-of-way or cartwaywidths as shown on the MasterPlan or
Official Map or the requirements this chaptershalldedicate
of additionalright-of-
way width alongeitherone (1) or both sides saidroad.Additionally,thatportion
of
of the existingstreet roadadjoiningor includedwithin a siteplan or subdivision
or
shallbe improved,includingexcavation, grading, and
basecourse surface
subbase,
course accordance theroadimprovement
in with of
standards this chapter.
5. The right-of-wayand cartwaywidths for internalroadswithin multi-
family, commercialand industrialdevelopments on
shall be determined an
individualbasis,and shallin all cases of sufficient
be width anddesign safely
to
accommodate traffic, parking and loading,and to provide maximum access for
schoolbuses, snowplows,garbage trucks,fire fighting and rescueequipment and
the like.
D. StreetDesign.
1. The arrangement streets
of shall conformto the circulationplan element
of the MasterPlanor Official Map for themunicipality.
2. For streets shownon theMasterPlanor Official Map, the arrangement
not
shallprovidefor the appropriate
of streets ofexisting streets'
extension
3. Residential access through
shall be placedto discourage
(local)streets
traffic andprovidefor maximum privacy.
4. The right-of-way width shall be measured from lot line to lot line and
shallnot be lessthanfifty (50) feetor asdesignated Section
in The
28-606.C. right-
of-wayshallbe sufficiently wide to containthe cartway, curbs,shoulders, sidewalk,
gradedareas, utilitiesandstreettrees.
abutting
5. Subdivisions State to
may be required
and/orCountyhighways
provideaccess way of a residential
by accessstreet.
6. Future road connectionsand/orroad righrof-way dedicationsshall be
providedas deemedappropriate the respective
by Board to developa coherent
plan within theBorough.
street
Board may require
7. In additionto frontageimprovements, respective
the
the construction safetyimprovements the proposed
of for development identified
as
by theBorough Engineer.
28t39
28-606 BOROUGHOF WATCHUNGCODE
8. Streetgrades shallneitherbe greater thanten percent(ll%o) nor lessthan
onepercent(lVo), exceptthat the respective may approve
Board,at its discretion,
gradesin excessof ten (10%) percentor less than one percent(IVo) where
warranted existingtopography otherconditions.
by or
9. Horizontal and vertical curves shall be of such radius and length
respectively obtainreasonable safesightdistances the anticipated
to and for traffic
speed.Horizontalcurvesshall generallyhavea minimumcenterline radiusof three
hundred (300) feet, which may be reduced no lessthan one hundredforty-five
to
(145)feet for residentialaccessstreets the discretion the respective
at of Board.
Horizontal and vertical alignmentsshall generallyconform to standards the
of
American Association State
of HighwayandTransportation Officials.
10. All changes gradeshallbe connected verticalcurvesof sufficient
in by
in with
lengthto providea smoothtransitionandpropersight distance accordance
recognizedstandards.
ll. When connecting streetlines deflect from eachother at any one point,
theyshallbe connected a curvewith a radiusof not lessthanonehundred
by (100)
feet for residentialcollectorand residential access streetsand not lessthan three
hundred (300)feet for all otherstreets.
12. A tangentof at leasttwo hundred(200)feet shallbe introducedbetween
reversecurveson all streets, exceptthoseclassified residential
as collectoror
streets.
access
residential
13. Streetjogs with centerline
offsetsof lessthanonehundredfifty (150)feet
areprohibited.
14. Four-waystreetsignsconformingto the standards Watchungshallbe
of
placedat eachintersection. streetshallhave
No or
a namewhich will duplicate, so
nearly duplicateas to be confusedwith, the namesof existing streets. The
continuation an existingstreetshallhavethe samename.
of All streetnames shall
be determined therespective
by Boardandapproved the Goveming
by Body.
15. Traffic signs and pavement markingscomplyingwith the Manual on
Uniform Traffic Devices,latestedition,shallbe providedto enhance safetyof
the
motorists pedestrians.
and
Streets.
E. Cul-de-Sac
l. Cul-de-sacs shall provideaccess no more than twenty (20) single-
to
shallbe no greater
family units.The lengthof a cul-de-sac thanone thousand five
hundred(1,500)lineal feet and shall be measured of
from the centerline the
28t40
LANDDEVELOPMENT 28-606
throughstreetalongthe centerline the radiuspoint of the cul-de-sac
intersecting to
turnaround.Where appropriate safetypurposes, Board may requiremid-
for the
point tumaroundsand/orenhanced protection
fire measures.
2. Cul-de-sac tumarounds shall be provided with a minimum outside
cartwayradiusof not lessthanfifty (50) feet anda right sidetangent. cul-de-sac
A
right-of-wayshallhavea diameter no lessthanone
of hundred twenty(120)feet'
3. Cul-de-sac landscape islandsshallbe permitted the respective
by Board
when it is determined that such islandscan safely accommodate emergency
vehiclesand an organization established properly maintainthe islands.
is to
Vegetationexceeding mature
a heightof thirty (30) inchesshallbe prohibitedalong
the perimeter the landscape
of island.
4. Dead end streetswithout turnarounds sufficientwidth to turn around
or
areprohibited.
5. Streets designated future extension future $treet
for or shall
connections
be constructed of
prior to the receiptof temporary final certificates occupancy
or
for the adjoiningproperties.
6. Temporarycul-de-sacs may be permittedby the respectiveBoard only
whensuchcul-de-sac required insureadequate
is to safety.Temporary cul-de-sacs
shallbe constructed municipaleasements,
only on dedicated which shallbe vacated
uponextension the planned
of roadway.
F. StreetConstructionSpecifications.
The New JerseyDepartmentof Transportation
1. NJDOT Specifications.
shallapply.
Specifications RoadandBridgeConstruction
Standard for
2. Construction Drawings. Roadplansandprofilesshallbe submitted the to
BoroughEngineeras a part of preliminaryapproval. The horizontalscalefor plan
andprofileshallbe I" =20'. The verticalscale the profileshallbe 1" = 5'. The
of
profile shallbe showndirectlyunderthe plan andif the space the sheet
on permits
it, two sections plan andprofile may be shownon the samesheet.
of Drawingsare
to be on 24" = 36" or 30" = 42" sheets. Beforethe plansareprepared their final
in
form theBoroughEngineer will, if sorequested the applicant,
by examine themand
advise to their acceptability, asto suchchanges, any,
as or if that shouldbe madein
orderto makethemconformto the requirements the Borough.The plansof the
of
road shall showthe centerline, right-of-waylines, stations beginnings ends
of and
of curves, of
curvedata,fifty (50) feet stationpoints,equations stationing, streams,
culverts,roadsand driveways or near the right-of-way,
on utility poles,trees,
buildingsand otherobstructions within the right-of-way, houses, buildings
and
28t41
28-606 BOROUGHOF WATCHI.]NGCODE
within fifty (50) feet of the right-of-way,property division lines and namesof
adjoiningpropertyowners.All construction understreets suchas waterlines,gas,
electricandcablelines, sanitarysewers stormsewers,
and shall be shownon both
planand profile.
3. Subgrade. topsoilandotherunsuitable
All materialshallbe stripped from
the proposed subgrade. subgrade
The whencompleted shallbe true to the linesand
grades givenon the plan. After the subgrade beenshaped
has correctly,it shallbe
broughtto a firm unyieldingsurface rolling
by the entireareawith a powerroller
weighingnot lessthan ten (10) tons,or otherNJDOT approved All
methods. soft
andspongy placesshallbe excavated refilled solidly
and with brokenstone, gravel,
suitable or sand.All looserock and/orboulders
fill shallbe removedor brokenoff
six (6) inchesbelow the subgrade surface. stumpsshall be removedin their
All
entirety.This shallbe donebeforecompleting rolling ofthe entiresurface
the ofthe
subgrade. Subsurfacedrainage shallbe provided wherenecessary.
4. Fills. Embankments shall be formed of suitablematerialsplacedin
successivelayers, morethantwelve(12)inches depth, the full width of
not in for
the crosssection the
and shall be compacted distributing necessary
by hauling
uniformlyovereachsucceeding layer,or by rolling with a ten (10) ton powerroller
or otherNJDOT approved methods. Stumps, trees,rubbishor any otherunsuitable
materials substance
or shallnot be placed the fill.
in
5. Grading.The entirestreet right-of-wayof all new streets shallbe graded'
andin addition, thoseareas
in wherethe right-of-wayis on fill, the gradingshallbe
extended two and
(2) feet beyondthe right-of-wayon either side as necessary; a
maximumslopewith a ratio of 3:I shallbe establishedexceptwhereit is in rock, in
which casethe slope can be gradedaccordingto NJDOT standard practice.
Variationfrom this requirement of
may be permitted the discretion the Borough
at
Engineer.
6. Sub-base. The sub-base to consistof four to eight (4-8) inchesof
is
compacted, frost-freematerialconsisting millings,bankrun slag,washed
of gravel
with sandbinder,or mine run slag.No aggregate sizesareto exceed two andone-
half (2 1/2) incheson any material.This sub-base shall be rolled until solid and
proofrolledwith a loaded tandem of
prior to placement stabilized base'
7. Pavements. bituminous
All stabilizedbaseand surfacecoursepavements
shallbe constructed the following finishedcrosssection:
to
(a) A parabolic surface with a six (6) inch crown shallbe providedfor
thirty (30) foot wide streets. otherstreets to havea crownbased one
All are on
quarter (1/4) inch to one(1'0)inch slopefor half width of the street.
28r42
LANDDEVELOPMENT 28-606
(b) All roadsareto be pavedfrom curbto curb.
(c) The bituminous base
stabilized courseshallbe five (5) inchesthick
andshallbe laid in onelayer.The stabilized basecourseshallbe rolled with a
ten (10) ton vibratoryroller or otherNJDOTapproved method.
(d) The stabilized basecoursewill be the working surface usedduring
construction all developments mustbe constructed
of and of
prior to issuance
anybuildingpermits.
(e) Prior to final surfacing stabilizedbasecoursemust be broom
the
cleaned or
must be replaced
and all ruts, pot holesand any otherdamages
repaired the discretion theBorough
at of Engineer.
(0 A tack coat of 0.10 to 0.25 gal/syshall then be applied.After
dryinga two (2) inch thick F.A.B.C.Bituminous
sufficient Concrete Surface
Course shallbe applied.
8. General.All material,workmanship and the mannerof performingany
and shall be equivalent the requirements
all work underthesespecifications to of
theNew Jersey StateHighwayStandard and
Specifications Supplements theretofor
bridgeandroad construction shallmeettheBoroughEngineer's
and approval.
9. Drainage.Adequate shallbe madefor the drainage all roads.
provisions of
provisions
All drainage shallbe approved by theBoroughEngineer.
10. Easements. Drainage easements a width sufficientto allow proper
of
maintenance shall be providedfor all stormwaterdrainsand pipe lines to provide
for adequate stormwater to
discharge streams, existing storm drains or other
drainage courses.Theseeasements shall be grantedto the Boroughby approved
legalprocedure.
ll. Inspection. All work shall be inspected throughout the courseof
construction the BoroughEngineeror his/herrepresentative. Borough
by The
Engineershallbe notified,in writing,ten (10)daysbeforeany work is started.
G. Streetlntersections.
1. All new streets connecting a Boroughstreetshall be locatedto afford
to
maximumsafetyto traffic at the intersection.
2. Streetintersectionsshallbe laid out asnearlyat right angles is possible
as
and (75) The
in no caseshallbe lessthanseventy-five degrees. block corners of
shall be roundedat the propertyline with a curve radiusof not
intersections less
than twenty-five (25) feet for residentialaccessstreets,thirty (30) feet for
28r43
28-606 CODE
BOROUGHOF WATCHI.JNG
residentialcollector streetsand thirty-five (35) feet for secondary arterials.
Approaches shallfollow a straightline for at leastone hundred
to all intersections
(100)feet.
3. Streetintersections involving residentialcollector streetsand secondary
arterialsshallhavea grade(eitherascending descending) not morethanthree
or of
percent (3Vo)fora distance ofnot lessthan fifty (50) feet from the nearcurblineon
theintersecting Residential
street. access streets shallnot havea gradeof morethan
five (57o)percentfor a distanceof not less than fifty (50) feet from the near
street.
curblineof the intersecting
shallbe encouraged.
4. Useof "T" intersections subdivisions
in
5. Intersectionsshallbe offseta minimumof one hundredfifty (150)feet
betweencenterlines.
by
6. Designof intersections State Countyroadsshallbe governed
with or
agency
the appropriate havingjurisdiction.
H. Sight Triangle Easements.
1. A minimum sight triangle easement thirty feet by one hundred
of
(30 x 100)feet,with the thirty (30) foot dimension locatedalongthe streetsubject
to stopcontrol, shall be providedat all intersections.However,the Board having
jurisdictionsmay require different dimensions the event that local conditions
in
and
dictatethatsuchdifferentdimensions necessary appropriate.
are
2. Sighttriangleeasements be dedicated the Borough.
shall to
3. Within the requiredsight triangleeasement thereshall be no obstruction
(suchas embankments, fences,walls, hedges other objects)over thirty (30)
or
inchesin heightabovethe streetpavement. corners the new streets
All on shallbe
cleared obstructions the manner
of in and to the limits described.
4. Streettreesare permittedwithin sight easements; however,branches
occurring between groundandseven
the (7) feet abovegradeshallbe prunedprior
to therelease the maintenance
of bond.Shrubs permitted
are within sighteasements
but shallnot exceed mature
a heightof thirty (30)inches.
I. Curbs.
l. Curbs shall be required on both sides of all streets.Granite block curbs
shall be used on all streetsunlessotherwise mandatedby State or County agencies
or as permitted by the respectiveBoard.
28t44
LANDDEVELOPMENT 28-606
2. Depressed at
curb ramps shall be providedfor the handicapped all
and where sidewalksintersectcurbs. Handicapramps shall be
intersections
installed accordance State Federal
in with and laws.
J. CurbConstructionSpecifications.
L to
Curbsshallbe installed shownon the drawings line andelevation'
as
2. Construction all curbsshallconformto NJDOTStandard
of Specifications
for Road and Bridge Constructionand supplementsthereto and shall meet the
BoroughEngineer'sapproval.
3. Concrete curbs,wherepermitted, to be six (6) incheswide at the top
are
andtwelve (12) inches wide at bottomandtwenty(20)inches (6"
deep, exposed -
14" buried).The battershallbe on the front faceandthe backfaceshallbe vertical.
All concretecurbsareto consist air-entrained
of Class"B" concrete.
4. as
Graniteblock shallbe installed follows:
Graniteblock shallbe laid on endverticallywith l/4" to U2" joint openings.
The granite block shallbe jumbo block,a minimumof 4" x 4" x 10" in size
and shallbe mediumor fine grained graniteandlaid in a trenchwith a 12" wide x
10" thick footing.The finishedgraniteblock curb shall maintaina six (6) inch
exposed face.All block shallbe backed with concrete all joints pointed
and with
Portlandcement mortar.The concreteshallbe class"B" air-entrained
concrete.
At drivewayopenings both concrete
of curbsand graniteblock curbsthe curb
shallbe two (2) inchesabovefinishedpavement. an openingin an existingcurb
If
is to be madeor changed, section thecurb involvedshallbe entirelyremoved
the of
includingthe concrete foundation newcurbpoured laid to properelevation.
and or
5. The breaking existingcurbsto a lowerelevation prohibited'
of is
6. Depressed in with Boroughdetails
curbsshallbe constructed accordance
or RSIS,asapplicable.
7. All blocks shall be cleanand free from mortar,bituminousmaterialsor
othersubstances.
8. Bituminousmaterial,cementor other substance, on
deposited blocks
or
shall be removedby the applicantby sandblasting
during or after construction
otherapproved means.
9. Inspection.The work shall be inspectedthroughoutthe courseof
construction the BoroughEngineer his/herrepresentative' Borough
by or The
shallbe notified,in writing,ten (10)daysbeforeany work is started.
Engineer
28r45
28-606 BOROUGHOF WATCHI.INGCODE
K. Sidewalks.
1. Sidewalks exceptresidential
shallbe providedon both sidesof all streets,
access roads,wherethe respective Boardmay determine that sidewalks one (1)
on
sideof a streetare adequate service
to the pedestriancirculationto and from the
development. Sidewalksmay be requiredelsewhere when the Board having
jurisdictiondetermines them necessary provide
to pedestrian connections between
residentialareas neighborhood
and churches,
schools, commercial othersuch
areas,
facilitiesandprobable futuredevelopment.
2. Sidewalkconstruction may be waivedby the Board along residential
accessroadswhen the applicantcan clearly demonstrate the propertyin
that
question Whensidewalk
lendsitself to this modification. is
construction waived,
shall donatethe cost of construction the Boroughof Watchung
the applicant to
Sidewalk Fund.
3. Sidewalks shallbe placedparallelto the streetwithin the right-of-wayno
closer than three (3) feet from the edgeof the curb, The Board may permit
exceptions sidewalkplacement preserve
to to existingvegetation, topographicalor
othernatural features, to providevisualinterest, wherethe applicant
or or provesto
the Board'ssatisfaction pedestrian
that an alternative systemprovidessafeand
convenientcirculation.
4. Sidewalks shallmeasure minimumfour (4) foot width; wider widths
a
may be necessarynear pedestriangenerators and employmentcenters.Where
abutthe curb the width shall be five (5) feet. Wherecarsoverhang
sidewalks the
sidewalk minimumwidth shallbe six
the (6) feet.
5. Pedestrian easements feetwide) may be required the Boardto
way (ten by
or to playgrounds,
providecirculation access schools, or othercommunity
shopping
facilities.
L. SidewalkConstructionSpecifications.
1. Sidewalks as
shallbe constructed to the lines,grades dimensions
true and
with
shownon theplansandin accordance Boroughdetails.
The
2. Subgrade. site shallbe cleared, stripped oftopsoil andvegetation and
roughgraded. Unsuitablematerialin the subgrade shallbe excavated replaced
and
by brokenstone, gravelor other suitablematerial.The contractorshall fine grade
the subgrade the sidewalkareasmoothand evenand roll with a tandemroller
of
weighing not lessthanthree(3) tons as directed the BoroughEngineer.
by The
sidewalkshallbe broughtto theprescribed gradeanddimensions.
line,
28146
LANDDEVELOPMENT 28-606
3. Concrete Sidewalks. Concrete sidewalks shall meet the requirementsof
the "New Jersey Department of Transportation Standard Specifications for Road
"
and Bridge Construction.
a. Class B, minimum 4,000 psi, air entrained transit mix concretemust
be used.
b. The sidewalks shall be constructed on a four (4) inch thick
compacted sand base. The sand shall be properly graded, clean moderately
sharp,and free from clay, loam, mica, organic or other foreign matter.
c. The concreteshall be placedon damp base.
d. After the concreteis placed,it shall be compactedto a true grade and
surface, working up enough fines to allow a flat finish without addition of
added mortar. The surface shall be floated, edged, and jointed' Just prior to
final set, a hair broom shall be used to sweep concrete to a uniform broomed
surface.
e. Premolded bituminous expansionjoint material shall be installed
every twenty (20) feet and half depth contractionjoints installed every four (4)
feet.
f. The sidewalk shall have a minimum thickness of four (4) inches.
Driveway aprons and concrete sidewalk located within driveways shall be six
(6) inchesthick with six inch by six inch (6" x 6") welded wire meshwith two
(2) inchescover from the bottom of the slab.
g. Driveway approaches concrete)are to be laid with two (2) inch lip
(if
at curbline. Monolithic curb approaches prohibited.
are
4. Forms. Wood or metal forms shall be used for the constructionof concrete
sidewalks and braced at proper intervals as directed by the Borough Engineer on
each side of the sidewalk in order to maintain a true and straight edge on said walk.
Damagedor crooked forms shall not be used.
5. Grading. After the forms have been removed the earth shall be gradedon
each side of the sidewalk in a finished and workmanlike manner from the curb to
the property line.
6. Line and Grade Information. Where no curb grade, or curb or sidewalk
lines have previously been established on an accepted Borough street, an
applicationmust be made to the Borough Engineerfor the necessaryinformation.
28r47
28-606 BOROUGHOF WATCHUNGCODE
7. GradingUnpavedArea. The unpaved areabetween curblineand the
the
adjacentedgeof the sidewalkpavement shall be gradedso that it has a uniform
slopefrom the pavementedgetowardthecurblineof not lessthanone-quarter (ll4)
inch, nor more than one-half(1/2) inch per foot, exceptby permission the
of
BoroughEngineer. There shall be six (6) inchesof screened soil between
top the
curbandsidewalk between sidewalk the
and the and propertyline.
8. Curing.All concrete from dehydration useof matsor
shallbe protected by
material.
suitable Thesematsshallbe keptwet duringthe curingperiodor by useof
approved curingcompounds.
9. Seasonal Conditions.As the weatherand freezing conditionsfrom
November15 to March 15 areunpredictable, construction roads,sidewalks
any of
anddrivewayapproaches duringthe abovementioned time shallbe permittedonly
by approvalof the Borough Engineer,He shall permit suchconstruction only if
weather soil conditions
and permit.
at
10. All constructionis subject to reinspectionand replacement the
discretion the BoroughEngineer.
of
M. NonresidentialDriveways.
1. Drivewaysshallnot be locatedwherevisibility is limited dueto horizontal
topography otherfeatures.
andverticalcuryes, and
2. The edgeof curb for a nonresidential drivewayshallbe locatedno closer
intersection.
thantwenty-five(25) feetto the curbretumof a street
3. Proposed drivewaysshall be separated minimum of fifty (50) feet
a
measured alongthe rightof-way line from edgeof drivewayto edgeof driveway
property.
within the subject
4. Nonresidential multifamilydriveways
and shallbe setbacka minimumof
ten (10)feetfrom the sideandrearpropertylines.
5. Nonresidentialdrivewaysshall be pavedand provided with a concrete
from
apronextending the dropcurbto propertyline.
6. No curbcut or drivewayinstallation mayextend pasta line projected
from
the adjoining centerline.
propertyline at a right angleto the street
shallfavorlowerorderstreets.
7. Drivewayaccess
8, A permitshallbe required the installation all drivewayapproaches.
for of
Applicationfor suchpermit shall be madeto the BoroughEngineerand shall be
accompanied a fee payable the Boroughof Watchung. drivewayapproach
by to A
28t48
LAND DEVELOPMENN 28-607
is deemed be that areaextending
to The
from the propertyline to the pavedstreet.
existinggutterand sidewalkshall at all times during and after constructionbe
maintainedat the samegrade and line. If a changein line and grade for the
is
sidewalk gutteris desired, approval theBoroughEngineer required.
or the of
(Ord.No. OR:-- $ 28-606)
28.607. PARKING AND LOADING
In filing an application development, applicantshall comply with the
for the
followingparkingandloadingstandards:
A. Off-StreetParking - General.
l. Each off-street parking area, with the exception of single family
residentialparkingareas, hereinafter
created within the Boroughshallbe subject to
the approvalof the Boardhaving jurisdictionto insureits adequacy providefor
to
traffic safety,to provideingressandegress emergency
for vehiclesand to protect
adjacent properties.
2. Ingressand egressdrives including accessto off-streetparking in
nonresidentialzones shall be so designedthat traffic is not routed through
zones.
residential
3. Off-streetparking shall be providedand maintained specifiedherein
as
with an asphalt,
andshallbe surfaced or
bituminous cement binderpavementwhich
shallbe gradedanddrainedto dispose all surface
of waterasrequiredby Borough
Ordinance approved theBorough
and by Engineer.
4. For nonresidentialusesandmultifamily developments, parkingareas and
accessdrivesshallbe enclosed a concrete belgianblock curb
by or six (6) inches
abovethe pavedsurface. typeof curb shallbe determined the Boardhaving
The by
jurisdiction; however,graniteblock curb shall be utilized wherea pavedareais
adjacent vegetated otherpervious
to or surfaceareas.
5. No residential buildingpermit(excluding multifamily)shallbe granted
for the erectionof a new dwellingnor a certificateof occupancy issuedunless the
construction includesa garcge, carportor approved shelterfor at leastone motor
vehicle.
28t49
28-607 CODE
BOROUGHOF WATCHI.JNG
shallbe
6. Drive-thrulanesandwindowsfor banksandfast food restaurants
providedwith room for queuingof ten (10) automobiles eachdrive-thrulane
for
and/orwindow.
7. Any change or alteration of a use which increasesthe parking
requirements of on-site
beyondthe capacity available parkingshallrequiresiteplan
approval theBoardhavingjurisdiction.
by
8. Where the Board reviewinga plan for a nonresidential development
determines, connection
in with its review of such plan, that lessthanthe required
numberof parking spaces loadingspaces
or will satisfythe intent of this chapter
because the uniquenatureof the proposed variations the probable
of use, in time of
maximumuse by joint usersor for any otherreason, Board may waive or
the
"landbank" improvement not morethanone-third
the of (1/3) of the total number of
spaces required this chapter,
as by subject the following requirements:
to
a. It shall be demonstrated the plan that sufficientarearemainsfor
on
the futureprovisionof the total numberof spaces The siteplan shall
required.
clearlyindicateboth that portionof the parkingareato be initially improved
andthatportionof the required spaces proposed be "land-banked."
to
b. The site plan shall provide for adequate drainage,lighting and
parkingareas.
ofboth the initial and"land-banked"
landscaping
c. The "land-banked" in
parkingareashallbe landscaped accordance
with this chapter.Such unimprovedor "land-banked"spacesshall be
maintained additional
as landscaped until andunless
area requiredfor parking
use.
or loading
d. Written guarantees, satisfactory the Attorneyto the Board having
to
jurisdiction,shall be submitted the applicant,
by insuringthe improvement of
such"land-banked" within six (6) monthsof the dateof written notice
spaces
to the propertyowner by the Board havingjurisdiction statingthat all or a
portion of such spaces to
have beendetermined be necessary and shall be
constructed.
e. An applicationfor site plan approvalshall be requiredin the event
thereis a proposed
change usethat requires
of moretotal parkingspaces than
wasrequired theplan involvingthe "land-banking" parkingspaces.
on on
for
f. Requirements handicapped with
parking shall be in accordance
the lawsof the Stateof New Jersev.
28150
LANDDEVELOPMENT 28-607
9. All off-streetnonresidential multifamily parking, off-streetloading
and
andservice facilitiesshallbe so drained to prevent
as damage abutting
to properties
and/orpublic streets shallbe constructed materials
and of and shallbe installedas
requiredby the Borough Engineer. suchareas
All shallbe, at all timesmaintained
at the expense the ownersin a clean,orderlyanddust-free
of condition.All parking
areas drivewaysshallbe constructed
and in accordance with BoroughEngineering
Department designstandards, parkingareas
and shall be pavedwith one-and-one-
half (1 Il2) inch bituminousconcrete materials equivalent
or of strength and
durability,unless otherwisedirected.
B. Parking Lot Design.
1. Eachnonhandicapped off-streetparkingspace shall not be lessthannine
(9) feet wide by eighteen parallelparkingspaces
(18) feet in length.On-street shall
measure (10) feet by twenty-three feet.The width andlengthof eachspace
ten (23)
shallbe measured perpendicular eachotherregardless the angleof the parking
to of
space to the access aisle or driveway. (See Figure 2: Parking Space
Measurement graphic in the Appendix A.).
2. Eachhandicapped space peoplewith disabilitiesshallnot be lessthan
for
eight (8) feet wide by eighteen (18) feet in length and shall have an adjacent
pedestrian access aisleat leastfive (5) feet wide, exceptthat the first handicapped
space providedshallhavea van accessible pedestrian access aisleat leasteight (8)
feet wide. If a differentrequirement a handicapped
for space beenadopted
has by
the State, then the most current requirementof the New JerseyUniform
Construction Code(N.J.A.C. 5:23-7) the Americans
or Act
with Disabilities shall
be met.
3. Off-streetparking areasshall be orientedto and within a reasonable
to
walkingdistance thebuildingstheyaredesigned serve.
of
4. Accessto parkinglots shallbe designed as not to obstruct
so freeflow of
provisionfor ingressand egressfor all parking
traffic. There shall be adequate
to
spaces ensure easeof mobility, ampleclearance, safetyof vehicles
and and
oedestrians.
*Editor's
Note: Appendix A, referredto herein,may be found at the end of this chapter.
2815r
28-607 BOROUGHOF WATCHUNGCODE
5. Two-waytraffic aisles shallbe a minimumwidth of twenty-four(24) feet.
Thewidth of all aislesprovidingdirectaccess individualparkingstallsshallbe in
to
accordance the following requirements:
with
ParkingAngle One-WayAisle Width Two-WayAisle Width
(degrees) (feet) (feet)
30 t2 Not permitted
45 15 Not permitted
60 18 Not permitted
90 Not permitted 24
parallel t2 20
(SeeFigure 2: Parking Space graphic in the Appendix A.).
Measurement
Wherethe angleof the parkingis differenton both sidesof the aisle or
driveway, largerdimension
the shallbe required.
6. Parking areasin commercialor industrialzonesmay be locatedin the
requiredfront, sideor rearyard,but shallbe placeda minimumof twenty (20) feet
from the right-of-wayand front propertyline, and ten (10) feet from the sideand
rearproperty lines.
7. Accessdrivesshallbe locatedat leastten ( 10) feet from any sideor rear
propertyline.
8. Off-streetparkingareasand traffic aislesshall not be closerthan six (6)
feetto anybuilding.
9. Curbedpedestrian sidewalks, lessthan six (6) feet wide, shall be
not
providedalongthe lengthof any building wall which containspublic entrance or
exit ways.Saidwalks shallbe at leastsix (6) incheshigherthanthe abutting paved
parkingarea.Sidewalks with a minimum ten (10) foot width shall be provided
alongthe front building wall of a shopping centerthat containspublic entrance or
exit ways.Handicaprampsshall be providedas requiredper ADA requirements.
Curb cuts shall be providedat appropriate locationsso that handicapped persons
may gain access from parkingareas onto sidewalks. In addition,the Boardhaving
jurisdiction,at its discretion,may requireincreased sidewalkwidths and the
installation pedestrian
of walkways within anycurbed islandsthat arerequired
10. A minimum sidewalkwidth of six (6) feet is requiredwhereparked
overhang extendoverthe sidewalk.
vehicles or
*Editor's
Note: Appendix A, referred to herein,may be found at the end of this chapter.
28r52
LANDDEVELOPMENT 28-607
parking,off-streetloadingand serviceareas
11. All off-streetnonresidential
shallbe separatedfrom walkways,sidewalks,streets alleysby curbingor other
or
protective
devices.
L2. All off-streetparkingspaces, driveways, aislesand pedestrian walkways
shallbe clearlyandlegibly marked within the parkinglot. Hairpin stripingshallbe
requiredat the discretionof the Board havingjurisdiction. Hairpin striping shall
consist two (2) stripes
of locatedtwelve(12)inches center.
on
13. Traffic signsand pavement markings, complyingwith the Manualon
the
Uniform Traffic Devices,latestedition,shallbe providedto enhance safetyof
motorists pedestrians.
and
14. Wherefeasible,parkingareas individual nonresidential
for usesshallbe
designed be interconnected
to with adjacentproperties and shall utilize common
entrance(s) exit(s) to minimize the disruptionto traffic flow, reduceaccess
and
roadways reduce
pointsto adjacent and conflictswith pedestrian traffic.
15. Nine (9) foot widecurbed end shallbe placed theend
planting islands at
of eachparkingbay.
16. Nine (9) foot wide curbedplantingislandsshall be requiredto separate
any parkingbay exceeding twenty (20) spaces a row. At the Board'sdiscretion,
in
sevenfoot by sevenfoot (7 x 7) curbedplantingdiamonds containingshade trees
may be considered the overall effect exceeds
if that which would be createdby
standardplanting
islands.
17. Where practical,large parking lots in excessof one hundred(100)
vehicles into modules
shall be subdivided curbedplanting
utilizing continuous
islandsof a minimumten (10) foot width locatedperpendicular the parking
to
stalls.
18. Parkingareasshallbe suitablylandscaped minimizenoise,glareand
to
characteristics well asto improvethe environment the siteand
othernuisance as of
sunounding with
areain accordance Section 28-609.
19. Whenparkingspaces providedwithin a garage otherstructure,
are or said
shalladhere therequired
structure to applicable the principalbuilding.
setbacks to
20. All off-streetparking areasrequiredby this chaptershall be used
exclusively the parkingof automobiles. commercial
for No repairwork or salesof
anykind shallbe conducted anyparkingarea.
in
28153
28-608 BOROUGHOF WATCHUNGCODE
C. Off-StreetLoading and Unloading.
l. For every building or part thereof, which is to be occupied by
manufacturing, storage, goodsdisplay,retail store,wholesale storeor warehouse,
market,hospital, or other use similarly requiring the receipt or distribution in
vehicles materials merchandise,
of or thereshallbe providedandmaintained the
on
samepremises with suchbuilding one off-streetloadingspacemeasuring twelve
feet by forty-eight(12 x 48)feet with a fifteen(15) foot clearanceabovegrade.At
the discretion the Boardhaving
of jurisdiction, smallerloadingspace
a may be
permittedif justified by the applicantbasedupon the type of use and type and
frequency ofvehiclesservicing facility.
the
2. Office buildingsshallprovidean appropriate location(s)within any yard
areafor parceldelivery and pick-up in a mannerthat will not negativelyimpact
intemaltraffic flow.
may be necessary required
3. Additional loadingand unloadingspaces and
uponthe specific
dependent activity.
4. Off-streetloadingshallbe permitted the sideyard and/orrearyard but
in
in no caseshallit be locatedcloserthan ten (10) feet to a propertyline. Thereshall
be no loadingor unloading within the street.Off-street loadingwithin the front yard
is prohibited.
(Ord.No. OR:- $ 28-607)
28.608. LIGHTINGSTANDARDS
A. Lighting Plan.
1. A lighting plan prepared a qualifiedindividual shallbe providedwith
by
all majorsubdivision all siteplan applications.
and
2. Streetlighting of a type suppliedby or approved the utility and of a
by
type and numberapproved the Board havingjurisdiction shall be providedfor
by
intersections safetyreasons.
all street for
and multi-family
3. Lighting shall be provided within nonresidential
parkingareas,
developments buildingentrances,
at major walkwaysand
driveways,
loadingareas.
4. The lighting plan shall showthe proposed light intensityat groundlevel,
measured foot-candles.
in Dimensionedmanufacturers lighting details and
specificationsincluding foot-candle distributions shall be provided. For
nonresidential the light lensshallbe flush with the fixturehousingandparallel
uses
28r54
LANDDEVELOPMENT 28-608
to the ground; however,deviationsmay be permittedby the Board having
jurisdictionwherean alternativefixtureis considered attractive
an upgrade'Canopy
lights associated nonresidential shallhavethe light lensflush with the
with uses
canopyceiling.All lights shallbe concealed source non-glarelighting andshallbe
focuseddownwardso that the direct source light is not visible from adjoining
of
streetsor properties. light shallshineinto buildingwindowsnor ontostreets
No and
driveways asto interfere
so with or distractdrivervision.
5. Lighting shall be providedby fixtureswith a mountingheightnot more
is
thantwenty-five(25) feet or the heightof the building,whichever less,measured
from the groundlevel to the centerline the light source.
of the
centers,
For shopping
Board havingjurisdictionmay deviatefrom this standard a maximumof thirty
to
(30) feet baseduponthe scaleof the development proximity to adjoiningland
and
uses.
6. For nonresidential development, light intensityat groundlevel shall
the
average greaterthan 3.0 foot-candles;
no however,variationsare permitted
depending 0.5
upon the intensityof the use.Light intensityshall not exceed foot-
candles alongany propertyline andshallbe so arranged shielded reflectthe
and to
light awayfrom adjoiningstreets properties;
or however,this regulationshallnot
apply and
to lights usedat drivewayentrances exits.
7. Freestanding lights at the perimeter parkinglots shall be alignedwith
of
parkingstall stripingandlocateda minimumof two andone-half(2 ll2) feet from
the edgeof curb.Exposed concrete shall not exceed
light foundations two (2) feet
abovegradewhenlocated within pavedareas four (4) inchesabovegradewhen
or
locatedwithin a lawn area.
8. The style of any light or light standard within nonresidential multi-
and
shall
famrly developments be consistent styleof the principal
with the architectural
buildingand,whereappropriate, architectural
the of
character the surrounding area'
9. Adjustable tilting fixturesarepohibited.
or
10. Any otheroutdoorlightingsuchasbuildingandsidewalk illumination'the
lightingof signsandornamental lighting,shallbe shownon the lightingplan,in the
form of manufacturers of
detailsandspecifications allow a determination effects
to
uponadjacent traffic safetyandoverhead glow.
properties, sky
11. To achieve aboverequirements, light source, intensityof light
the the the
source, shall be subjectto site plan
light shieldingand similar characteristics
approval.
(Ord.No. OR:- $ 28-608)
28155
28-609 BOROUGHOF WATCHUNGCODE
28.609. LANDSCAPEAND SHADE TREE STANDARDS-
In filing an application development, applicantshall comply with the
for the
followinglandscaping, retainingwall, sitefumitureandshade standards:
tree
A. Purpose.
Landscaping shallbe providedaspartof siteplan andsubdivision It
design. shallbe
in
conceived a total patternthroughout site,integrating variouselements
the the
of site design,preservingand enhancing particularidentity of the site and
the
site
creating pleasing character.
a
The designstandards containedhereinare minimum requirements. The Borough
mayrequest additional exceeding
features these if
standards conditions warrant.
B. LandscapePIan Required. A landscape plan preparedby a landscape
architect,certified by the New JerseyStateBoard of Landscape Architects,or other
qualifiedindividual,shall be submittedwith eachmajor site plan or major subdivision
application. landscape shallincludethe followinginformation:
The plan
1. Plan scaleno lessthanone inch equals one hundred feet (1"=100')for
major subdivision and no lessthanone inch equalsthirty feet (l "=30') for major
site plans.Importantdetail landscape areaswithin major subdivisionmay be
requested a scaleofno lessthanoneinch equals
at thirty feet (1"=30'). The scale
shallbe in bothwrittenandgraphicform.
2. North arrow.
3. Building andaccessory layout.
structure
4. Road,parking,servicearealayout,andotherpavedareas.
areas'
5. Locationof outdoorstorage trash/recycling
and
and
fences walls.
6. Sidewalks.
7. Existingandproposed
topography.
8. Existingandproposed underground aboveground
and utilities suchassite
valve boxes,lawn inlets,catchbasins,headwalls
lighting transformers, and outlet
structures.
9. Stormwatermanagement facilities including detentionbasins,retention
basins,bio-retention basinsand swales.Location of plant material shall not
interfere utilitiesor stormwater
with underground management facilities.
*Editor's
Note: SeeChapterXXIV, Tree Preservation.
28r56
LANDDEVELOPMENT 28-609
rock outcroppings existingand proposed
10. Existing woodedareas, and
waterbodies.
ll. Indicateall existingvegetation be savedor removedand provide
to
informationrequired treepreservation.
for
12. Location,species sizesof all proposed
and shadetrees,omamental trees,
evergreentrees,shrubsand areas lawns or any other groundcover.Different
for
graphicsymbolsshallbe usedto showthe locationand spacing shade
of trees,
ornamentaltrees,evergreen shrubs
trees, and groundcover.The sizeof the symbol
mustbe representative the sizeof theplantandshownto scale.
of
13. A plant schedule indicating name,
botanical commonnalne,sizeat time of
planting(caliper,height and spread), quantity,root conditionand any special
remarks (spacing,substitutions, plantinghazards,
fall etc.) for all plant material
proposed. Plantswithin the plant schedule shall be keyed to the landscape plan
utilizingthe first letterof the genus andspecies of the botanical plantname(i.e.,
Acer Rubrum= AR).
14. Plantingdetailsandspecifications.
C. GeneralLandscapeDesign.
1. Landscaping shallbe provided publicareas,
in within recreation to
sites,
accentuatebuildings,to enhance to
drivewayentrances, screen parkingandloading
areas, provideprivacyscreenings
to within the requiredsideandrearyardareas, to
mitigateadverse impactsandto improveclimatecontrolby providingwindbreaks
for winterwindsandsurlmercoolingof buildings, streets parkinglots.
and
2. Plant and other landscaping materialshall be selected with regardto
aesthetic functional
and the
considerations. regardto aesthetics, landscape
With
designshallcreate visualdiversityand contrast throughvariationin size,shape,
textureand color. With regardto functional,the selection plantsshalltakeinto
of
account to
susceptibility disease and insectdamage, wind andice damage, habitat
(wet-site,drought,sunandshade soil
tolerance), conditions, growthrate,longevity,
root pattern maintenance
and requirements.
3. Landscaping suchas trees,shrubs,
may includeplant materials ground
cover,perennials, annuals othermaterials
and and suchas rocks,water,sculpture,
art, walls,fences pavingmaterials.
and
4. All land disturbanceareasnot remainingin their natural stateshall be
landscaped,including,but not limited to, lawns,groundcovers,shrubbery and
trees.
28L57
28-609 BOROUGHOF WATCHT]NGCODE
5. Proposed landscaping shall be considered variousgrowth intervals.
at
Shrubsthat may eventuallyblock sight distances windowsor encroach
and upon
roads sidewalks
and shallnot be used.
6. All plant materials,plantingpractices shall be in
and specifications
with the "AmericanStandard NurseryStock" promulgated the
accordance for by
American of
Association Nurserymen Standards.
D. Site Protectionand GeneralPlanting Requirements.
1. TopsoilPreservation. topsoilshallbe removed
No from the siteor usedas
fill. Topsoilmovedduringthe course construction
of on
shallbe redistributed all
regraded surfaces as to provideat leastsix
so (6) inchesof even cover to all
disturbed areas the development shallbe stabilized seeding planting.
of and by or
Additionaltopsoilshallbe provided needed.
as
2. Removalof Debris.All stumpsand othertreeparts,litter, brush,weeds,
excess scrapbuilding materials, otherdebrisshall be removedfrom the site
or or
and disposed in an approved
of facility, in accordance
disposal/recycle with law.
No treestumps, in
portionsof treetrunksor limbs shallbe buriedanywhere the site.
All deador dyingtrees, eitherstanding fallen,shallbe removed
or from the site.
3. SlopePlantings. The areaof all cuts and fills and/orterracesshall be
landscaped preventerosion,and all roadwayslopessteeper
to than one (1) foot
vertically to three (3) feet horizontallyshall be plantedwith ground covers
appropriate the purposeandsoil conditions,water availability and environment.
for
4. AdditionalLandscaping. residential
In the
besides required
developments,
screening street
and trees,additional or
plantings landscaping elements may be
requiredthroughout subdivision siteplan,asapplicable,
the or wherenecessary for
reasons accordance a plantingplan
climatecontrol,privacy,or for aesthetic in with
approved the Board havingjurisdiction. nonresidential
by In developments, all
areas the site not occupied
of by buildingsand requiredimprovements shallbe
landscaped the plantingof grassor othergroundcover,shrubs,
by trees,or other
landscapematerialaspartofa site plan approved the Boardhavingjurisdiction.
by
5. PlantSpecies. plant species
The shall be hardyfor the particular
selected
climaticzonein which the development locatedand appropriate termsof
is in
and
function size.
6. Sight Triangles.Landscapingwithin sight trianglesshall not exceed a
matureheightof thirty (30) inches.
Shade treesshall be permitted within sight
triangles located feetfrom the intersecting
but 40 curblineand prunedup to a seven
(7) foot branchingheight abovegrade.The placement plants within sight
of
triangles that will eventually grow to obstruct sight distances shall be avoided. The
28158
LANDDEVELOPMENT 28-609
landscaping parkingareas,
of suchaswithin landscapeislandsat the endof parking
sightlines for motorists
rows, shall similarly takeinto consideration the
traversing
parkingarea.
7. Any areaor disturbed land not usedfor buildings,structures paved
or
areasshallbe plantedwith an all-seasongroundcoveror lawn andotherlandscape
materials approved the
as by Boardhaving jurisdiction.
E. LandscapeBuffers.
l. General.
a. Landscaped providedto createa year-round
buffersare areas visual
screenand minimize adverse impactsor nuisances on a site from adjacent
Buffering may consistof fencing, evergreens,
propertiesand streets. shade
trees,omamental trees,shrubs, or
boulders, combinations thereof,to achieve
thestatedobjectives.
from propertylines and
b. Whererequired,buffers shall be measured
rights-of-way.
street
2. Transition Buffers. Transition buffers shall be required when any
nonresidential abutsa residential
use zoneand when any multi-family useabutsa
single-family zone.The buffer shallbe placedwithin the nonresidential multi-
and
family lot along by
the propertyline. The locationmay be alteredif approved the
Boardhavingjurisdiction.
a. A continuous landscapeopenspace strip of not lessthantwenty-five
(25) feetin width shallbe provided. The transitionbuffer shallbe usedfor no
purposeother than landscaping. A fence or wall is permittedwithin the
transitionbuffer if locatedon the propertyline, but can not exceeda six (6)
foot heightin the sideyard andrearyard areas andnot exceed four (4) foot
a
heightin the front yardarea.
b. The transition buffer shall be planted with densemasses and
groupings shade
of ornamental
trees, trees, evergreen No
treesandshrubs. less
than seventy-five percent (75Vo) the buffer lengthshall be evergreen
of trees
installedat a minimum heightof six (6) feet.Baseduponthe intensityof the
nonresidential the Boardmay requireadditional
use, evergreens at
installed an
increasedheight.
within the transition
c. Existingvegetation and
buffer shallbe preserved
supplementedwith shadetolerant naturalisticmassedplantings where
to screening adjoining
necessary complete of landuses.
28t59
28-609 BOROUGHOF WATCHUNGCODE
d. No buildings,structures, accessory structures,trash enclosures,
parking,driveways,or storage materials
of shall be permittedwithin the
transitionbuffer. Buffer areasshall be maintained kept free of all debris
and
andrubbish.
F. ReverseFrontage Buffers. Reverse frontage buffersshall be requiredwhere
any nonresidential residential
or structureand/orlots back onto any street.The buffer
shallbe situatedadjacent the right-of-wayline. The following landscape
to treatments
shallbe providedunlessotherwiseapproved theBoardhavingjurisdiction.
by
1. A continuous landscape openspace strip of not lessthantwenty (20) feet
in width shallbe provided. frontage
The reverse buffer shallbe usedfor no purpose
otherthanlandscaping may includea wall or fencenot to exceed
and four (4) feet
in height.
2. The buffer shall be plantedwith masses groupings shade
and of trees,
ornamental trees,evergreen trees and shrubsin a free form mannerto provide
contrastand createa more naturaleffect.No lessthan fifty percent(50%) of the
bufferlengthshallbe evergreen a minimuminstalled
with heightof six (6) feet.
3. Existingvegetation and
buffer shall be preserved
within the landscape
with
supplemented shade massed
tolerantnaturalistic plantingswherenecessary to
completescreening residences.
of any
Meander required as
sidewalks, necessary, to
preserve
existingtrees.
4. treesshallbe planted required.
Street as
5. No buildings, structures,storageof materials,or parking shall be
within thebuffer area.
permitted
shallbe maintained keptfreeof all debrisandrubbish.
6. Buffer areas and
G. Parking Lot, Loading and Utility Area Landscaping.
1. Exceptfor detached single-familydwellingunits andtwo-familydwelling
units,a screen planting,fence,wall or combination thereof,no lessthanthree(3)
feet in height, shall be providedbetween off-streetparking areas(including
the
drivethroughlanesand interior drivesrunningparallelto otherroads)and any lot
line or streetline exceptwherea building intervenes. Parkinglot streetfrontage
screening perimeter
and screeningshallbe a minimumof five (5) feet wide'
2. All loadingareas shallbe landscaped screened
and sufficientlyto obscure
the view of parkeddeliveryvehicles, loadingplatformsand loadingactivitiesfrom
any lot line or streetline throughout year.Suchscreening
the shallbe an extension
of the building,a fence,wall, plantingor combination thereof,and shallnot be less
thansix (6) feetin height.
28160
LANDDEVELOPMENT 28-609
3. In parking lots, at leastfive percent(57o)of the total squarefootageof
interior parking area,including accessways, shall be landscaped with shrub
plantings and trees.Suchlandscaped areasshall be distributed throughoutthe
parkingareain orderto breakthe view of parkedcarsin a manner not impairing
morethanonehundred
visibility.In parkinglots containing (100)parkingspaces, at
leasteightpercent (87o) theinteriorparkingarea
of shallbe landscaped.
4. One (1) shade treemeasuring minimumof two andone-halfto three(2-
a
ll2 to 3) inch calipershallbe providedin the vicinity of the parkinglot for every
six (6) parkingspaces. This provisionexcludes treesrequiredfor landscape buffers
or street planting.
tree
5. Nine (9) feet wide curbedplantingislandsshallbe placedat the end of
eachparkingbay.
6. Nine (9) feet wide curbedplantingislandsshall be requiredto separate
any parkingbay exceeding twenty (20) spaces a row. At the Board'sdiscretion,
in
sevenfeet by seven (7 x 7) feet curbedplantingdiamonds containingshade trees
may be considered the overall effect exceeds
if that which would be createdby
standardplantingislands.
7. Where practical,parkinglots in excess one hundred(100) parking
of
spaces shall be subdividedinto modules utilizing continuouscurbedplanting
islands a minimumten (10)feetwidth located
of perpendicular the parkingstalls.
to
8. Landscapingwithin parking lots shall not obstruct the view of
approaching vehicles.
Shrubswithin sightlinesshallnot exceed matureheightof
a
thirty (30)inches.
from interior drives using
9. Parking areasshall be partially screened
shade
evergreen, trees, to
floweringtreesandshrubs createa continuous landscape
strip.
10. Interior parkinglayoutandlandscapingshall,insofaraspossible, used
be
to delineateand guide major traffic movementwithin the parking areaso as to
prevent cross-spacedriving.
I l. The view of utility areas, equipment,
mechanical transformers meters
and
shallbe screened Openaccess
lineswith landscaping.
from adjoininglots andstreet
to theequipment shallbe maintained.
H. Stormwater Detention Basins' Retention Basins and Drainage
Improvements.
1. Stormwater detentionbasinsand retention to
basinsshall be designed
blend landscape.
into the surrounding
2816r
28-609 BOROUGHOF WATCHI-INGCODE
2. The perimeter detention retention
of and exceptfor the perimeter
basins,
areasunder the jurisdictionof NJDEPDam Safety,shall be landscaped with
clusters plants,includingshade
of treesin a free form mannerwith openareas of
lawn.Access maintenance emergency
for and services shallbe maintained.
3. Shade (2
trees(two to two and one-half to 2-Il2) inch caliper)shallbe
located basins.
within the upperportionof detention
4. Drainagestructures such as headwalls, culvertsand
outlet structures,
biofiltersshallbe screened wet-site
with plants.
tolerant
5. Outlet structuresand headwallsshall be providedwith a stoneor brick
whenclearlyvisiblefrom adjoining
veneer properties streets.
and
6. The useof retaining is
basins encouraged
wallswithin stormwater when
located wooded
on volumeanddecrease
propertyin orderto increase to
disturbance
vegetation.
existing
7. Landscaping overflow
basinemergency
locatedon detentioh retention
and
bermsis prohibited.
shallbe provided
8. Wateraerators basins.
within retention
L RetainingWalls.
1. No retainingwall exceeding four (4) feet in height from the lowest
elevation a
ofthe finishedgradeto the top ofthe retainingwall shallbe built unless
site plan has been submittedto and approvedby the Borough Engineering
Department. Safety fence along the top of retaining walls shall be provided in
with
accordance BOCA requirements.
2. No retainingwall shallbe permitted within the righrof-way. No retaining
wall over four (4) feet in heightshallbe locatedwithin ten (10) feet of a property
line.
3. Designcalculations all retaining
for of
walls or combinations retaining
walls exceeding by
four (4) feet in heightshallbe submitted the applicant and
approvedby the BoroughEngineer,
J. Site Furniture.
picnic tables,
1. Sitefurnituresuchas,but not limitedto, benches, kiosks'
clusteredmail boxes, bike racks, decorativetrash receptacles,bollards and
equipment
recreation shallbe located with their functional
andsizedin accordance
need,durabilityandmaintenance.
28t62
LANDDEVELOPMENT 28-609
2. Sitefurnitureshallbe compatible form, materialandfinish. Designand
in
shallbe coordinated thatof existingor proposed
materials with architecture.
3. Decorative shallbe providedfor all convenience
trashreceptacles stores,
delicatessens, food restaurants,
supermarkets, fast gasoline servicestations,car
shopping
washes, centers othersimilaruses.
and
4. Decorativebenches for
shall be providedas an integral component all
shopping centersand regionalretail shoppingcomplexes feet
over 25,000square
Grossfloor area(GFA) andall supermarkets 20,000square GFA'
over feet
K. Street(Shade)Trees.
1. Deciduous streettreesshallbe requiredfor any subdivision, plan or
site
expansion existinguses.
of
2. Location.Streettrees(two andone-halfto three(2-Il2 to 3) inch caliper)
shallbe installedon the propertysideof the right-of-wayline on both sidesof all
streets. spacing street
The of treesshallbe no fartherthanforty (40)feeton center.
3. StreetTree Type. Tree type may vary dependingon the overall effect
Dependingupon the lengthof the road, more than one (1) type shall be
desired.
provided to create biodiversityand reducethe problemsassociated with a
monocultureplanting.
Treesof similar
4. Treesshall be plantedin groupings similar varieties.
of
alonga roadwayshall be usedto promoteuniformity
form, height,and character
andallow for a smooth between
visualtransition species.
shallbe based
5. Treeselection uponon-siteconditions treesuitabilityto
and
thoseconditions.
L. PlantingSpecifications.
1. Deciduous shade treesshallhaveat leasta two and one-halfor three(2-
ll2to3) inch calipermeasured foot six (4'6") inchesabovethe groundsurface
four
(7)
anda straightcentralleaderup to a seven foot heightat the time of installation.
Size of evergreens shrubsshall be allowedto vary depending settingand
and on
typeof shrub;however, evergreen
no treeshallbe lessthanfive (5) feet high' Only
following the standards
plant materials established the AmericanAssociation
by of
Nurserymen shall be accepted. Treesshall be nursery-grown, free of disease,
unifbrmin sizeandshape, havestraight
substantially and trunks.
2. Treesshallbe properlyplanted firmly supported
and with two (2) or three
to
(3) guy wiresattached stakes.Pieces rubberhoseshallbe usedunderthewires
of
wherethey are attached the trees.Wires and stakesshall be removedby the
to
applicantafterone(l) year.
28163
28-610 BOROUGHOF WATCHIJNGCODE
3. Provisionsshall be made by the applicantfor regular wateringand
maintenance they areestablished.
until by
Deador dying treesshallbe replaced the
duringthe plantingseason.
applicant
4. All plant materialshall be guaranteed the landscape
by contractorfor a
minimumperiodof two (2) years replace
to deador dying plantsor trees.
(Ord.No. OR:- $ 28-609)
28-610. RECYCLING AND SOLID WASTE REQUIREMENTS FOR NEW
DEVELOPMENTS OF MULTI-FAMILY RESIDENTIAL I.JNITSOR
C OMME R C IA L INSTITUTIONAL, GOVERNM ENT OR
INDUSTRIAL PROPERTIES
A. Definitions.As usedin this section:
three(3) or moredwellingunits
Multifamily Housing: A buildingcontaining
occupied or intended be occupied persons
to by living independently each
of
otheror a groupof suchbuildings.
of
RecyclingArea: Allocatedfor collectionand storage source-separated
materials.
recyclable
B. RecyclingPlan to be Included in Applications to Planning Board and/or
Board of Adjustment. There shall be includedin any application the Borough
to
PlanningBoard and/or Board of Adjustmentthat requires subdivisionor site plan
approvalfor the construction multifamily housing,single family developments
of of
fifty (50) or more units or any commercial, government industrial
institutional, or
development the utilization of one thousand
for (1,000)square feet or more of land, a
recyclingplan.The planmustcontain, a minimum,the following:
at
of
1. A detailedanalysis the expected of
and amounts solid
composition
and
waste recyclablesgenerated theproposed
at and,
development;
2. Locationsdocumented the application's plan that provide for an
on site
indoor or outdoorrecycling areafor the collection and storageof residentially-
generated recyclingmaterials.
a. The dimensions the recycling area shall be sufficientto
of
accommodate recyclingbins or containers which are of adequate size and
number,and which are consistent with anticipatedusageand with current
and,
methods collectionin the areain whichthe projectis located;
of
28164
LANDDEVELOPMENT 28-610
b. The dimensions the recyclingareaandthe bins or containers
of shall
in
be determined consultation and
with the municipalRecyclingCoordinator,
with theDistrictRecycling
shallbe consistent Planadopted to
pursuant section
c. The location of the recycling area shall be convenientfor the
of near,
preferably
recyclingmaterials,
residenti disposition source-separated
al
from, a refuse
but clearlyseparated and,
dumpster;
that:
d. The plan shallrepresent
(1) The recyclingareashall be well lit and shall be safelyand
easilyaccessible recycling
by personnel vehiclesl
and and,
(2) Collection vehicles the
shallbe ableto access recyclablearea
placedtherein,againsttheft of recyclable
and the bins or containers
binsor containers.
materials,
C. Protectionof RecyclingArea. Reasonable measures shallbe takento protect
placedtherein,againsttheft of recycling
the recyclingareaand the bins or containers
bins or containers.
materials,
D. Hauling Contract Required for Certificate of Occupancy. Prior to the
issuance a Certificateof Occupancy the Borough,the owner of any new
of by
mustsupply
institutional industrialdevelopment
multifamilyhousingor commercial, or
a copy of a duly executedcontract with a hauling companyfor the purposes of
and
collection recyclingof source-separated materials.
recyclable
E. Design of Containers. The recycling areaor the bins or containers placed
thereinshall be designedso as to provide protectionagainstadverse environmental
conditions which might renderthe collected materialsunmarketable. Any bins or
containers and
which are usedfor the collectionof recyclingpaperor cardboard, which
are locatedin an outdoorrecyclingarea,shall be equipped with a lid, or otherwise
covered, asto keepthe paperor cardboard
so dry.
F. Signs.Signsclearlyidentifyingthe recyclingareaand the materialsaccepted
thereinshallbe postedadjacent all pointsof access the recyclingarea.Individual
to to
shall be equipped
bins or containers with signsindicating materials be placed
the to
therein.
G. Screening. Landscaping and/orfencingshallbe providedaroundany outdoor
in pleasing
recyclingareaandshallbe developed an aesthetically manner.
28165
28-610 CODE
BOROUGHOF WATCHTJNG
H. Provisionfor Solid WasteStorageand Pickup Required.Provisionshallbe
madefor the indoor, or enclosedoutdoor,storageand pickup of solid waste,to be
approved theBoroughEngineer.
by
(Ord.No. OR:07/23 3)
$
28166
LANDDEVELOPMENT 28-702
ARTICLE 28.700
ZONING BOARD OF ADJUSTMENT, PLANMNG BOARD
AND VILLAGE CENTER HISTORIC PRESERVATION COMMISSION
28.70I. ESTABLISHMENT OF TIIE ZONING BOARD OF ADJUSTMENT
A. A Zoning Board of Adjustment herebycreatedconsisting seven(7)
is of
regularmembersand two (2) alternate in with the requirements
members accordance
in et
40:55D-69 seq.
contained N.J.S.A.
B. The Zoning Board of Adjustment may employor contractfor and fix the
compensation suchexperts otherstaff
of and andservices it may deemnecessary.
as
C. The Zoning Board of Adjustmentshall, at least once a year,review its
decisions applications appeals variances prepare adoptby resolution
on and for and and
a reportof its findingson zoningordinance provisionswhich were the subjectof
variancerequests its recommendations zoningordinance
and for or
amendment revision,
if any.The ZoningBoardof Adjustment to
shallsendcopiesof the reportandresolution
theBorough CouncilandPlanning Board.
(Ord.No. OR:-- $ 28-7OI)
28.702. POWERS AND JURISDICTION OF THE ZONING BOARD OF
ADJUSTMENT
The Zoning Board of Adjustmentshall have the powersgrantedby the MLUL
(N.J.S.A.40:55D-1 seq.).
et The ZoningBoardof Adjustment follow
shallin all cases
theprovisions to
applicable it in saidstatute.
A. Expiration of Variance.Any variance from the termsof this chapter hereafter
granted the Boardof Adjustment,
by permittingthe construction, conversion
alteration,
or enlargement a buildingor structure,
of or useof land,shallexpireby limitationunless
suchconstruction, conversion enlargement saidbuildingor structure,
alteration, or or or
useof land shall havebeencommenced within one (l) year from the dateof approval.
For the purposes this section, dateof approvalshall be the dateon which a
of the
resolution adopted the Board of Adjustment
is by memorializing decisionwith
its
respect the variance
to application. runningof the time periodhereinshallbe tolled
The
from the dateof filing an appeal to
from the decision the Boardof Adjustment a court
of
of competent jurisdiction until the terminationin any mannerof such appealor
proceeding.
B. Extensionof Variance.For goodcause shown,andafter a hearing beforethe
Zoning Board of Adjustmenton notice in the mannerrequiredfor original variance
applications, ZoningBoardof Adjustment
the previously
may extenda variance granted
28167
28-703 BOROUGHOF WATCHUNGCODE
by ZoningBoardof Adjustment resolution. extension
by An may not exceed one (l)
year in duration and no more than four (4) such extensionsshall be permitted.To
receiveconsideration, application extension a variance
an for of shallbe madeprior to
of to
theexpiration the time limit sought be extended.
(Ord.No. OR:- $ 28-7OZ)
28.703. ESTABLISHMENT OF TIIE PLANNING BOARD
consisting nine (9) regularandtwo (2)
A. A PlanningBoardis herebycreated of
members accordance the requirements
alternate in with contained N.J.S.A.40:55D-23
in
et seq.
of
B. The PlanningBoard may employor contractfor and fix the compensation
suchexperts otherstaff andservices it maydeem
and as necessary.
(Ord.No. OR:-- $ 28-703)
28.704, POWERSAI\D JURISDICTION OF THE PLANNING BOARI)
The PlanningBoard shallhavethe powersgranted it by the MLUL (N.J.S.A.
to
40:55D-l et seq.)in additionto other powersestablished law. (Ord. No. OR:--
by
$ 28-704)
28.705. PI.]BLIC HEARINGS AND NOTICING
A. Public Hearings.The PlanningBoardand ZoningBoardof Adjustmentshall
in
hold public hearings accordance of the MLUL (N'J.S.A'
with the requirements
et
40:55D-1 seq.)
L Noticeof a hearingrequiringpublicnoticeshallbe givenby the applicant
in accordance therequirements MLUL (N.J.S.A.
with of et
40:55D-1 seq.)
2. Uponthe writtenrequest an applicant, BoroughTax Assessor
of the shall,
within seven(7) days,makeandcertify a list from currenttax duplicates names
of
andaddresses ownerswithin the Boroughto whom the applicantis requiredto
of
givenotice.
B. Notice. Noticing of hearingsand decisionsshall be in accordancewith
N.J.S.A.40:55D-1et seq.provided,however,that a hearingshall be held for all
majorsiteplans.
preliminary
28168
LANDDEVELOPMENT 28-706
C. Recordsand Decisions. Records Board meetings
of shall be kept andBoard
shall
decisions be made with 40:55D-let seq.
in accordance theN.J.S.A.
(Ord.No. OR:- $ 28-705)
28.706. ESTABLISHMENT OF THE VILLAGE CENTER HISTORIC
PRESERVATION COMMISSION
A. Purposesand Goals.
1. The BoroughCouncilfinds that the historicheritage the Borough
of is
amongthe municipality's most valuedand importanteducational, cultural and
economic assets.Therefore, is the purpose the BoroughCouncilto exercise
it of the
of
authoritydelegated it by the MLUL in orderto providefor the protection the
to
historic heritagewithin the Borough,providedthat the provisionsof this section
shallnot applyto one-or two- family residences.
2. In accordance with the statutorydefinitionsof "historicdistrict" and
"historicsite,"andpursuant the authority N.J.S.A.
to of 40:55D-107, Borough
the
Councilseeks to accomplish followinggoals:
the
a. To protectand improvethe quality of the environmentthroughthe
identification,recognition, maintenance enhancement
conservation, and of
historicdistricts, structures objectswithin the Borough
sites,buildings, and
and, particularly,to preserve and promotethe Village CenterHistorical
OverlayZoneasanessential and
element municipalcharacter identity.
of
b. To foster the appropriate use and wider public knowledgeand
appreciation the historicdistricts,
of sites,buildings,structures objects
and
with the intentof
within the Borough, fosteringcivic pride.
c. To resist and restrain environmentalinfluences and physical
development which wouldhavean adverse of
impactuponthe preservation the
VillageCenter HistoricalOverlayZone,therebypromotingthe naturalfeatures
of the areaandthe environment.
d. To encourage commercialand residentialdevelopment which does
not adverselyaffect the integrity of the Village CenterHistorical Overlay
Zone,andto rejuvenate sustain businesses
and the located
presently within the
HistoricalOverlayZone.
Village Center
e. To encourage private and public efforts in supportof thesestated
purposesand goals in order to promotethe public welfare, strengthen the
28169
28-706 BOROUGHOF WATCHUNGCODE
cultural,social,economic historyof the
andeducational and architectural
life
Borough, and
therebymakingthe Borougha moreattractive desirableplacein
whichto live andwork.
f. To conveyto present futuregenerations broaderunderstanding
and a
oi and a deeperappreciation humanvalues,idealsand accomplishments
for,
and of
therich heritage the Borough.
g. To rekindleand maintainthe physicaland visual identity of the
Boroughwithin its region.
h. To promotegood quality of designand an attractiveappearanceof
the properties
both within and HistoricalOverlay
outside the Village Center
of
Zone,thereby increasingproperty and
values ratables.
i. To encourage most appropriate and development the
the use of
propertieswithin the Village CenterHistorical Overlay Zone and upon
properties.
adjacent
j. To controlnew exteriorconstruction restore
and andpreserve certain
in
traditionally significant structures order to enhance and
the streetscape
its
maintain character.
k. To provide for the efficient and safemovementof pedestrians and
vehiculartraffic within and throughthe Village CenterHistorical Overlay
Zone.
l. To assist public bodies fostering public understanding
all in the ofthe
significance the historicresources the Boroughandthe available
of of methods
of preservation.
m. To cooperatewith local, County, State and national historical
governmental
societies, bodiesand organizations order to maximizetheir
in
within the Borough.
contributions the preservation thehistoricresources
to of
B. Establishmentand Membership. A citizensadvisorycommission be to
knownasthe Village CenterHistoric Preservation Commission referredto
(hereinafter
asthe "Commission"), established
is for the
thepurpose assisting Planning
of Boardin
its dutieshereunder, otherBoardsand officials,but without powerto take official
and
actionasotherwise requiredof the Planning Boardor of the otherBoardsandofficials,
as applicable. Commission
The shallconsist five (5) regularmembers one (1)
of and
alternate membercomprisedof classes members
of in accordance with N'J.S.A.
40:55D-107.
28t70
LANDDEVELOPMENT 28-706
C. Responsibilities.
L Recommendfrom time to time, as circumstances warrant and in
consultation with the WatchungHistoric Committee, appropriate historicdistricts
basedon the criteria set forth in Section28-
and/orhistoric sitesfor designation
706.Fof this chapter.
regarding stateof
2. Reportto the Mayor andCouncil,at leastannually, the
historic preservationin the Borough and any recommendations further the
to
purposes goalsof these
and provisions.
chapter
3. Advise and counsel variousmunicipalagencies boardsof the
the and
Boroughregardinglong-range and
goalsand techniques historic preservation
of
planningandthe utilizationof public funds.
long-range
suggest
4. Advise and assistthe municipalofficials of the Boroughand its staff
members professional
and consultants, matters
on which may havepotentialimpact
and
placesand structures, do all things
historicbuildings,
upon the designated
necessary whichwill promote
andappropriate historicpreservation theBorough.
in
5. Make recommendations the PlanningBoard regarding Historic
to the
Plan
Preservation Element theWatchung
of the
BoroughMasterPlanandregarding
pertaining anyotherMasterPlanElement.
implications historicpreservation
for to
6. Advise the PlanningBoard on the inclusion of historic sites in the
recommended program.
capitalimprovement
on
7. Advise the PlanningBoardandthe Boardof Adjustment applications
for development pursuant N.J.S.A.
to 40:55D-110. Specifically, informalcopy
an
of every application submitted to eitherBoard for development the "Village
in
as
CenterHistorical Overlay Zone" or on other propertiesdesignated "Historic
Districts"and/or"HistoricSites"in this chaptershallbe referred the Commission
to
for its review and recommendation with the purposes thesechapter
consistent of
provisions. The adviceprovidedby the Commission may be eitherin writtenform
or by testimony the hearing proceeding
at or beforethe Board.However, failure
the
of the applicableBoard to make such informationalcopy availableto the
Commission the
and/orfor the Commission provideadviceregarding application
to
for development shallnot invalidate hearing proceeding.
any or
8. Reviewand makerecommendations the PlanningBoardpursuant
to to
N.J.S.A.40:55D-111 with respect any application a building
to for permit for
construction,modificationor alterationof a structurewithin the "Village Center
Historical Overlay Zone," as reflectedon the Zoning Map of the Borough of
28t71
28-706 BOROUGHOF WATCHUNGCODE
Watchung to otherproperties
or designated historicdistrictsand/orhistoricsites
as
in this chapterprior to the issuance any building permit by the Construction
of
Official and, in general,review all plansfor construction,alteration,repair and
movingof structures within the "Village CenterHistoricalOverlayZone" or with
respect otherproperlies
to designated historicdistrictsand/orhistoricsitesin this
as
chapter, in accordance
all with theprocedures in
specified this chapter.
D. Appropriations and Staff. The Commission may employ,contractfor, and
fix thecompensation experts otherstaffand
of and It
seryices it shalldeemnecessary.
as
from the Borough
shallobtainits legalcounsel Attomey.
E. The "Village Center Historical Overlay Zone." The boundariesof the
HistoricalOverlayZone" areasindicated the ZoningMap'
"VillageCenter on
F. Additional "Historic Districts" and "Historic Sites." In additionto the
"Village CenterHistorical OverlayZone," otherhistoric districtsand/orhistoric sites
may be designated quality of architecture,
if archeology, in
cultureor significance the
historyof the Boroughis present, and if the district or site possesses integrityof
location, design, setting, workmanship,
materials, feelingor association' Among the
specificcriteriato be considered the Commission recommending
by in of
designation a
districtor site:
1. Associationwith eventsthat havemadea significantcontributionto the
broadpatterns local,Stateand/or
of nationalhistory.
significant our past.
with livesof persons
2. Association in
3. Embodiment a distinctivecharacteristic a type,period,or methodof
of of
construction representationthe
or of of
workof a master, possession high'artistic
or
values,or representation a significant and distinguishable
of entity whose
components lack individualdistinction.
may
4. Districts,sites,buildings,structures objectsthat haveyielded,or may
and
be likely to yield, information in
important prehistory history.
or
that
5. Properties haveachieved within the pastfifty (50) years
significance
eligiblefor designation.
shallnot be considered
for
G. ReviewProcedures Permit Applications.
l. All applications issuance permitspertaining development
for of to within
the "Village CenterHistoricalOverlayZone,"or on otherproperties designatedas
otherthan
historicdistrictsand/orhistoricsitesin this chapter, to
with respect one-
or two- family residences,shallbe referred the Commission a writtenreport
to for
on the applicationof the zoning ordinanceprovisions concerninghistoric
28172
LANDDEVELOPMENT 28-706
preservation any of thoseaspects the change
to of providedsuchaspects
proposed,
were not determined approvalof an application development eitherthe
by for by
PlanningBoard or the Zoning Board of Adjustmentunder the MLUL. The
Commission shall submitits reportto the PlanningBoard,or to the ZoningBoard
of Adjustment the application within theirjurisdiction.
if is
2. The Board havingjurisdictionshall report to the Construction Code
Official within forty-five (45) daysof the original referralto the Commission. If
within the forty-five (45) day periodthe Board,upon recommendation the of
Commission, recommends of
against issuance the requested
the permit,or that the
permitbe issued with conditions,thenthe Construction CodeOfficial shalldenythe
permitor issueit with conditions, the casemay be. Failureto reportwithin the
as
forty-five (45) day period shall be deemed constitutea report in favor of the
to
issuance the permitwithoutconditions.
of
3. It is specificallyintended that any commercial nonresidential
or sign
proposed any propertywithin the "Village CenterHistoricalOverlayZone,"or
for
on other properties designated historic districtsand/orhistoric sitesin this
as
chapter shallbe subjectto reviewandapproval underthis chapter whether
section,
or not a reviewis required to
pursuant anyotherchapter provisionof theBorough.
or
H. Standardsof Review.In its reviewof any application development any
for
for shallconsider following:
application a permit,the Commission the
1. The impact of the proposal upon the historical and architectural
property;
significance the subject
of
2. The importance the Boroughandthe extentto which the municipality's
to
historic or architecturalinterestin the subjectpropeily wouid be adwrsely affeaed
to the detriment the publicinterest;
of
3. The extentto which therewould be the involvement textures
of and
materials only with great
or could be reproduced
that could not be reproduced
difficulty andexpenset and
4. If within the "Village Center HistoricalOverlayZo\e," the impactof any
proposed structue uponthe character ambience the "Village Center
or of Historical
OverlayZone" andthe structure's visualcompatibilitywith the buildings,places or
structures which it would be visuallyrelated,suchas architectural
to style,height,
proportionof the building'sfront facade,proportionof openings suchas windows
anddoors,rhythmof solidsto voidson facades, rhythm of spacing buildingson
of
rhythm of entrance
streets, to
and/orporchprojections the street, relationships of
28173
28-706 BOROUGHOF WATCHUNGCODE
material,textures colors,roof shape,
and scale of
expression
ofbuilding, directional
front elevation, exteriorfeatures
and suchaslighting,fences,signs,sidewalksand
driveways.
L Demolitions.In regardto an application demolishor removeany structure
to
or buildingor objecteitherfrom within the "VillageCenter HistoricalOverlayZone"or
on otherproperties designated historicdistricts
as and/orhistoric sitesin this chapter,
thefollowingmatters shallbe considered:
culturalor scenicsignificance relationto the
l. Its historic,architectural, in
criteriaestablished these
by chapterprovisions.
2. If within the "Village CenterHistorical Overlay Zone," its significance
thereinas a key contributingor noncontributingresource the probable
and impact
of its removalon the "VillageCenterHistoricalOverlayZone."
by
currentlypermitted this chapter.
3. Its potential usefor thosepurposes
for
4. Its structuralcondition and the economicfeasibility of the alternatives
proposed.
5. The extentto which it is of suchold, unusualor uncommon design,
or
texture or material that it could not be reproduced could be
craftsmanship,
reproduced with greatdifficulty andexpense.
only
6. If movingof the structure, buildingor objectis involved,the historicloss
to the siteof originallocationandthe Boroughasa wholewith consideration the
of
following:
building or
a. The compellingreason(s) not retainingthe structure,
for
objectat its originalsite;and
b. The probability of significantdamage the building, structureor
to
objectby movingit.
(Ord.No. OR:- $ 28-706)
28t74
LANDDEVELOPMENT 28-802
ARTICLE 28.800
DEVELOPMENT APPLICATION REVIEW
AND CHECKLISTS
PROCEDI.]RES
28.801. JURISDICTION OF RESPONSIBILITY DURING DEVELOPMENT
APPLICATION REVIEW
The PlanningBoard and the Zoning Board of Adjustmentshall have the powers
grantedby N.J.S.A. 40:55D-1et seq. The PlanningBoard and Zoning Board of
Adjustmentshall establishprocedures their bylaws for the orderly review of
in
consistent
applications with the MLUL andotherapplicablerequirements law. (Ord'
of
No.OR:* $ 28-801)
28.802. APPLICABILITY OF REQUIREMENTS
A. SubdivisionReview.All subdivisions definedin this chapter subject
as are to
the reviewprocedures time periods decision
and for in
specified N.J.S.A. 40:55D-let
seq.
B. Site Plan Review. All site plansas definedin this chapterare subjectto the
reviewprocedures time periods decision
and for specified N.J.S.A.
in et
40:55D-1 seq.
andthe following provisions.
1. No construction permit shall be issuedfor any new structureor for an
additionor alteration an existingstructure, no certificateof occupancy
to and shall
be issued any change useof an existingstructure
for of until the site plan hasbeen
reviewed approved themunicipality
and by except that:
a. A construction permitfor a single-familydetacheddwellingunit or a
two-family dwelling unit and/ortheir accessory building(s)or accessoryuses
on a lot shallnot requiresiteplanapproval.
b. Any change usefrom onepermitted
of of
category nonresidential use
to anotherpermittedcategory nonresidential shall not requiresite plan
of use
approvalif:
(1) Both the Construction Official andZoningOfficer certify to the
Boardin writing thatthe existingsitedevelopmentmeets requirements
the
of this chapter thenew usecategory;
for
28175
28-802 BOROUGHOF WATCHUNGCODE
in
(2) The new use categorydoes not require an increase the
numberof requiredparkingspaces;
and
(3) The Planning Board concurs with the findings of the
Official andZoningOfficer.
Consffuction
c. P e rmi tte d a ccessor y str uctur es to r esidential and
agricultural/horticultural shallnot requiresiteplanapproval.
uses
d. Building alterationsshall not require site plan approvalif the
apply:
following conditions
(1) There no change use;
is in
parkingis required;
(2) No additional
buildingarea proposed;
(3) No additional is
(4) No variance required;
is
(5) Thereis no majorchange circulationproposed
in suchasdrive-
throughwindows,ingress egress
or in
drives,changes internalcirculation,
deliveryor pickupof goodsand services trash
loadingor unloading, or
and
collection;
(6) There are no major changes a significantsite facility or
in
improvement such as a drainage features
facility, buffer or landscaping
andthe like.
e. Fences includedaspartof a siteplan application
not shallnot require
siteplanapproval, shallrequiretheissuance
but of a zoningpermit.
f. Signsnot includedaspart of a site plan applicationshallnot require
site plan approval, shallrequirethe issuance a zoning
but of permitexceptas
exempted this chapter
by
2. An applicantmay electto file for preliminaryandfinal siteplan approval
simultaneously expedite review process.
to the The site plan shall be prepared
according the requirements
to for
stipulated final approval. Developers electingto
by-pass preliminaryapproval
the stage doingso at the peril of added
are expense if
changes designarerequired.
in
28t76
LANDDEVELOPMENT 28-803
C. Variance Relief. All applications variance
for relief to the Zoning Boardof
Adjustment not use
involving any relatedsiteplan,subdivision conditional approval
or
shall be filed with the AdministrativeOfficer at leastthirty (30) daysprior to the regular
meetingof the Zoning Board of Adjustmentand shall include the information and
materials listed on the checklistfor variances and
attached this chapter,* the feesin
to
with
accordance this chapter. Review procedures time periodsfor decisionshallbe
and
asspecified N.J.S.A.
in et
40:55D-1 seq.
D. Informal Review by the Planning Board. At the requestof any party,the
to
PlanningBoard shall grantone (1) informal review,without a fee pursuant Section
901 of this chapter,regarding concept
a for
plan for a development which a developer
intends prepare submitan application development.
to and for Additionalmeetingsshall
be scheduled the discretion the Planning
at of Board.No professionalreview(s)will be
undertaken unless developer agreed pay for saidreview(s)andhasestablished
the has to
anescrowaccount with
alsoin accordance this chapter.
(Ord.No. OR:- $ 28-802)
28.803. SUBMISSION OF MINOR SUBDIVISION PLATS AND MINOR SITE
PLANS
A. Procedurefor Submitting Minor SubdivisionPlats and Minor Site Plans.
The applicantshall submitto the AdministrativeOfficer all informationand materials
listedon the checklist suchapplications
for attached this chapter,* the feesin
to and
with
accordance this chapter.
B. Details Required for Minor SubdivisionPlats and Minor Site Plans.Each
submission with
shall be in accordance the applicable checklistfor suchapplication
attached this chapter.*
to
(Ord.No. OR:- $ 28-803)
*Editor's
Notel The checklistsreferred to hereinmay be found in Appendix D at the end of this chapter.
28t77
28-804 BOROUGHOF WATCHUNGCODE
28.804. SUBMISSION OF PRELIMINARY MAJOR SUBDIVISION PLATS
AND PRELIMINARY MAJORSITE PLANS
A. Procedure for Submitting Preliminary Major Subdivision Plats and
Preliminary Major Site Plans. The applicantshall submit to the Administrative
Officer all the informationand materialslisted on the checklistfor suchapplications
with
attached this chapter,* the feesin accordance this chapter.
to and
B. Details Required for Preliminary Major Subdivision Plats and
with the
shall be in accordance
Preliminary Major Site Plans. Each submission
to
attached this chapter.-
checklist suchapplication
applicable for
C. Effect of Preliminary Approval of Major SubdivisionPlats and Major Site
Plans.Preliminaryapprovalshall conferrights uponthe applicantand the Board may
grantextensions those
of with
rightsin accordance N.J.S.A. 40:55D-let seq.
(Ord.No. OR:- $ 28-804)
28.805. SUBMISSION OF FINAL MAJOR SI.]BDIVISIONPLATS AND FINAL
MAJOR SITE PLANS
A. Procedurefor Submitting Final Major SubdivisionPlats and Final Major
Site Plans.The applicant Officer all informationand
shallsubmitto the Administrative
materials attached this chapter,.andthe
listedon the checklistfor suchapplications to
with
feesin accordance this chapter.
B. Details Required for Final Major SubdivisionPlats and Final Major Site
Plans.Eachsubmission with the applicable
shall be in accordance checklistfor such
to
attached this chapter..
application
C. Effect of Final Approval of Major SubdivisionPlats and Major Site Plans.
Final approvalshall confer rights upon the alterationand the Board may grant
extensions those
of with
rightsin accordance N.J.S.A. et
40:55D-1 seq.
(Ord.No. OR:--$ 28-805)
*Editor's
Note: The checklistsreferredto hereinmay be found in Appendix D at the end of this chapter.
28178
LANDDEVELOPMENT 28-806
28.806. COMPLETE APPLICATION AND CIIECKLISTS
A. Checklist.The purpose chapter advanced adopting
this is by which
checklists-
to
statethe requirements submission all applications development the Borough
of of for
Planning Boardor Boardof Adjustment. Suchrequirements to
shallbe necessary allow
the Administrative Officer or designee to rule on whether or not an
application may be deemed complete and placedon the agenda the Board with
of
jurisdiction.
B. Submission. Every application development
for submitted the Boroughfor
to
to
review by the PlanningBoard or Board of Adjustmentshall first be submitted the
Administrative Officer or designee a determination to whetheror not the
for as
applicationmay be deemed complete. application
An shallbe deemed by
complete the
Administrative if
Officer or designee suchapplication all
furnishes required information
as describedin the applicable checklist. the eventthat an applicantdoesnot wish to
In
supply all information as required by the checklist, the applicant must
request the specificsubmission
that be
requirement waived.
C. Review.The Administrative Officer or designee in
shallnotify eachapplicant,
writing, within forty-five (45) daysof submission the application to whether not
of as or
the application deficientdue to the applicant's
is failure to furnish informationas
required the applicable
by checklist.
A
D. Completeness. complete land use
shallincludethe appropriate
application
application,including submittingall accompanying information and documents,
along with the applicablechecklistadopted this chapter*and providedto the
by
applicant.
E. Specific Requirements.In additionto the application no
and checklist,
subdivision siteplan application
or shallbe deemed complete unless: property
the which
is the subjectof the proposed by
subdivision site plan application serviced septic
or is
or
system sanitary sewerandwell wateror publicwater.Applicants shallbe required,as
a condition of completeness all subdivision site plan applications, obtain
for and to
approval from the Boardof Healthfor a septicsystemandwell wateror obtaina public
sanitary sewerandpublic waterutility certifications allocatingcapacityto the property.
A sanitary sewercapacityallocation and connection collectionsystem
or extension
approval to servethe proposed development must be obtainedfrom the Borough
GoverningBody. A Water Main ExtensionAgreement Will ServeLetter must be
or
obtained from the appropriatewaterutility. Prior to beingdeemed the
complete, Health
*Editor's to
refened hereinmaybefoundin Appendix at theendof thischapter.
D
Note:Thechecklists
28t79
28-807 CODE
BOROUGHOF WATCHI.JNG
Officer shall have approved eachlot as capable propersewage
of disposal,either by
beingconnected to the public sewagedisposalsystem by useof someotherapproved
or
methodpursuant the Codeof the Boroughof Watchung
to and by the Board of Health
Ordinances.
F. Off-Tract Public Sanitary Sewerand Public Water. Wherethereis a need
for off-tract public sanitaryseweror public water service,the applicantshall, as a
conditionof completeness at the applicant's
and sole cost and expense, obtain all
property rightsoutside boundaries the development
the of of
for the installation sanitary
seweror waterservices. Suchpropertyrights,uponcompletionand acceptance the of
off-tractutility improvementsshallbe dedicated the Boroughof
to Watchung water
and
utility.
G. Forms. The Boroughherebyadopts following Checklistforms(attached
the in
D:)
Appendix
l. Variance Application Checklist-DetailsRequired for Variance
Applications
2. Informal Application Checklist-DetailsRequiredfor Informal Review
Applications
Requiredfor Minor Subdivision
3. Minor ApplicationChecklist-Details
PlatsandMinor Site Plans
4 Preliminary Major Application Checklist-DetailsRequired for
Major SitePlans
PlatsandPreliminary
Major Subdivision
Preliminary
Requiredfor Final Major
5. Final Major ApplicationChecklist-Details
PlatsandFinal Major SitePlans
Subdivision
(Ord.No. OR:- $ 28-806)
28.807. COMPLIANCEREVIEWPROCEDI.]RE.
The Boroughherebyauthorizes adoption a Compliance
the of ReviewProcedure to
whoseapplications development
be followedby all applicants for havebeenapproved
by either the PlanningBoard or Board of Adjustment. The Compliance Review
Procedure be amended
may from time to time by resolution theMayor and
of Council.
A. Purpose of the Compliance Review Procedure. The purpose of the
Compliance ReviewProcedure to achieve
is applicants
uniformity in the requirements
areto follow oncean applicant
receives
approvalfrom the PlanningBoardor Boardof
28180
LANDDEVELOPMENT 28-807
Adjustment an application development. Compliance
for for The Review Package
shouldaddress imposed the PlanningBoard or Board of
eachof the conditions by
Adjustment.
B. ComplianceReview PackageApplication. The Boroughherebyauthorizes
the adoptionof a Compliance Review Package Applicationto be followed by all
applicantssubmitting Compliance
a Review Package. Compliance
The ReviewPackage
Application from time to time by resolution the Mayor andCouncil.
may be amended of
C. Administrative Officer for Compliance Review Procedure' The
AdministrativeOfficer as definedin Section28-203is herebygrantedthe authorityto
designate Deputy Administrative
a Officer solely for the purposeof determining
whether applicant submitted complete
an has a Compliance ReviewPackage.
D. Standard Forms. The Boroughherebyauthorizes BoroughAttomey to
the
preparestandardforms including but not limited to an Access Easement and
Maintenance Agreement, Conservation Easement, Deed of Developer's
Dedication,
Agreement,Drainage FacilitiesEasement, SanitarySewerEasement, SightTriangle
Easement,Utility Easement suchotherstandard
and formsasin the BoroughAttorney's
opinionarenecessary fulfill the intentandpurpose this chapter.
to of Theseformsmay
be amendedfrom time to time by resolution theMayor andCouncil.
of
E. Time Limits. Applicantsare to submit a completed Compliance Review
Package the Deputy Administrative
to Officer within ninety (90) daysof the Planning
Boardor Boardof Adjustment In
Resolution Memorialization. the eventan applicant
of
doesnot obtainapproval the Compliance
for ReviewPackage within one(l) yearof the
Resolution Memorialization,
of thenthe applicantshallbe requiredto appearbeforethe
appropriate for
Boardand seekan extension time to obtainapproval the Compliance
of
ReviewPackage. SuchBoard may granta one(1) yearextension (2) times.
two
ReviewProcedure
F. Appticability. The Compliance for
appliesto applications
beforeboththePlanning
development BoardandBoardof Adjustment.
G. Developer's Agreement. The Boroughhereby adoptsa Developer's
Agreement substantially form attached Appendix B of this chapter,*and a
in the in
Performance Agreementin substantiallythe form attachedin Appendix C of this
chaDter.*
*Editor's
Note: AppendicesB and C, referredto herein,may be found at the end of this chapter.
28181
28-807 BOROUGHOF WATCHUNGCODE
H. Map or Site Plan Signing.No subdivision map nor site plan shall be signed
by any representativeof the Boroughor the PlanningBoard or Board of Adjustment
complies
until the applicant ReviewProcedure'
with the Compliance
(Ord.No. OR:- $ 28-807)
28r82
LANDDEVELOPMENT 28-901
ARTICLE 28-9OO
APPLICATION FEES,GUARANTEES,INSPECTIONS
AND OFF.TRACT IMPROVEMENTS
28.90I. APPLICATIONFEES
A. Every application development
for shallbe accompanied a certifiedcheck
by
or checkspayableto the Boroughof Watchung accordance
in with the following
schedule of "AdministrativeCharges" "EscrowAccountDeposits."Whereone (1)
and
applicationfor development includesseveralapprovalrequests, the sum of the
individuallyrequired"AdministrativeCharges" "EscrowAccountDeposits"
and shallbe
paid, with separatechecksfor the total "AdministrativeCharges"and for the total
"EscrowAccountDeposits."Feesfor copiesof requested items,specialmeetings,and
otheritemsalsoareincludedin the fee schedule.
Type of Application Administrative EscrowAccount
or Request Charges Depositsx
1. Informal Reviews
(a) One(1) informalfifteen None required Nonerequired
(l 5) minuteappearance.
(b) Any additionalappearance. $2oo $1,000
2. Subdivisions 1-3lots $1,000
(a) Minor Subdivision
Plat $ls0 4-10lots $2,000
(b) SketchPlat $150plus l1-25lots $3,000
per
$10.00 lot 26-50lots $5,000
(c) Preliminary Major 5l-100lots $7,500
Subdivision Plat $350 Over100lots $15.000
Plus each (1-10lots)
per lot $2s
11-20 lots $30
21-50 lots $35
Over50 lots $40
(d) Final Major 1-3lots $500
Subdivision PIat $2oo 4-t0lots $1,000
Pluspereachlot $10 1l-25lots $1,500
26-50lots $2,500
51- 100lots $3.750
Over l00lots $7.500
28t83
28-901 BOROUGHOF WATCHUNGCODE
Type of Apptication Administrative Escrow Account
or Request Charges Deposits*
(e) AmendedMinor, Preliminary The balance required replen-
to
Major Subdivision and/or $300 ish the escrowaccount the
to
Final Maior Subdivision Plat amount the originaldeposit.
of
(f) Request reapproval
for or
extension time
of $300 $s00
3. SitePlans 1-3units $1,000
(a) Minor SitePlan(Residential) $1s0 4-10units $2,000
11-25units $3,000
26-50units $5.000
51-100units $7,500
(b) Preliminary
Major SitePlan $450plus$25 Over 100units$15,000
(Residential) per dwellingunit
(c) Final Major Site Plan $2s0 l-3 units $500
(Residential) 4-10units $1.000
11-25 units $1.500
26-50units $2,500
51-100 units $3.750
Over 100units$7.500
(d) Minor SitePlan $3s0 $1,000
(Nonresidential)
(e) PreliminaryMajor SitePlan
(Nonresidential)
Buildingarea- 10,000 ft.
sq.
or less $5oo $3,000
- sq.
Buildingarea 10,001 ft.
to 50,000sq.ft. $1,000 $10,000
-
Buildingarea 50,001sq.ft.
to 100,000 ft.
sq. $2,000 $20,000
-
Buildingarea More than
100,000 ft.
sq. $3,000 $25,000
(0 FinalMajorSitePlan One-thirdthe original escrow
(Nonresidential) fee paid at the time of
planapplication
preliminary
-
Buildingarea 10,000 ft.
sq. $250
or less
28184
LANDDEVELOPMENT 28-90r
Type of Application Administrative EscrowAccount
or Request Charges Deposits*
- sq.
Buildingarea 10,001 ft.
to 50,000 ft.
sq. $5oo
Building area- More than
sq.
50,000 ft. $1,000
(g) Amended Minor, Preliminary The balance required to re-
Major and/orFinal Major $3oo plenish the escrow accountto
SitePlan the amount of the original
deposit.
(h) Requestfor reapproval
or extensionof time $300 $500
4. ConditionalUses $300 $500/acreor part thereof in
addition to any fees required
for site plan or subdivision
review
5. Variances
(a) Appeals (40:55D-70a) $100 $400each
(40:55D-70b)
(b) Interpretation $100 $400each
(c) Bulk (40:55D-70c) $200per $400 first varianceplus $50/
application eachadditionalvariance
(d) UseandOther"d"
Variances(40:55D-70d) $200 $1,000
(e) Permit(40:55D-34 35)
& $2oo $s00
6. Waivers $100 $I25lfirst waiverplus$21leach
additional waiver
7. Requested SpecialMeeting
of Planningor Zoning Board $1,000 $1,000
8. Certified List of Property $O.25lnarne or
Ownersor Certified List of whichever
f 10.00, Nonerequired
Public Utitities is greater,
subject
to applicable law.
9. Copy of Minutes, Resolutions A.s for
provided in
Decisions theOpenPublic Nonerequired
Act
Records or
applicablelaw.
10.Transcription of Meeting for
\s provided in
Proceedings the OpenPublic Nonerequired
Act
Records or
applicablelaw.
28185
28-901 BOROUGHOF WATCHUNGCODE
Type of Application Administrative EscrowAccount
or Request Charges Depositsx
11. Copy of audio reproduction {,sprovided in
for
of Public Hearing theOpenPublic Nonerequired
Act
Records or
law.
applicable
12.SubdivisionApproval
Certificate $50/Certificate Nonerequired
13.Certificateof Nonconformity
(N.J.S.A. 40:55D-68) $50/Certificate Nonerequired
14.ZoningPermit $35/Permit Nonerequired
x Escrowfeesshallnot includelots or unitsrestricted affordable
to housingasdefined
in this chapter...
and
expenses
charges flat feesto cover administrative
B. The administrative are
arenonrefundable.
C. The escrowaccount depositsnotedin this sectionare requiredto pay for the
costsofprofessional services includingengineering, planning,legal and otherexpenses
connected with the review of submitted materials, includingany traffic engineering
review or other specialanalysis relatedto the Borough's review of the submitted
materials, any necessary
or studiesregardingoff-tract improvements' The review
escrowshall be deposited the Chief FinancialOfficer of the Borough,or his/her
by
designee administered accordance
and in with Section28-903and the requirements of
the MLUL.
D. An applicant responsible reimburse Boroughfor all expenses
is to the of
professional incurredand paid by the Boroughfor the review process an
personnel of
application development
for beforea municipalagency, suchas,but not limited to:
l. Charges reviewsby professional
for of
personnel applications, plansand
accompanying documents currentlypendingbeforethe municipal agency, the
or
review of an applicant's compliancewith the conditionsof any approvalto an
application development a municipalagency, the review of any requests
for by or
madeby the applicant modifications
for or amendments the submitted
to material,
providedthat the professional shallnot reviewitemswhich are subjectto approval
by any Stategovernmental agencyandnot undermunicipaljurisdiction,exceptto
the extentconsultationwith the Stateagency necessary to the effectof State
is due
approvals the
on proposed subdivisionor siteplan.
**Editor's
28-1002.
Note:SeeSection
28r86
LANDDEVELOPMENT 28-902
2. Issuance reportsby professional
of personnelto the municipal agency
setting resultingfrom the review of any documents
forth recommendations
by
submitted the applicant.
for
3. Charges anytelephone or
conference meeting requested initiatedby
or
or
the applicant, attorney anyof his experts representatives.
his or
andissuance
submitted the applicant
4. Reviewof additionaldocuments by
of reportsrelatingthereto.
5. Review or preparation easements,
of deeds,
agreements,
developer's
resolutions, the like.
approval or
6. Preparation andattendance all meetings professionals
for at by servingthe
Board,suchasthe Attorney,Engineer Planner, otherexperts required.
and or as
7. The costof expertadviceor testimonyobtained the municipalagency
by
for thepurpose corroborating
of of
testimony applicant'sexperts.
incurredin the processof reviewingthe
expenses
8. Actual out-of-pocket
plansandaccompanying
applications, documents.
E. Eachapplicantshall agree pay all reasonable
to costsfor professional review
of the application. suchcostsfor reviewmustbe paidbeforeany approved
All plat,plan
or deedis signed and before any zoning permit, constructionpermit, certificateof
occupancy, and/orotherpermitis issued.
F. Paymentby the Borough of any bill renderedby a professional the to
municipalitywith respectto any service for which the municipalityis entitledto
reimbursement under this chaptershall in no way be contingentupon receiptby the
municipality of reimbursement from the applicant,nor shall any paymentto a
be
professional delayed from
pending reimbursement an applicant.
the
G. If an applicantdesiresa court reporter,the cost for taking testimonyand
transcribing and providing a copy of the transcriptto the Borough shall be at the
it
expense the applicant
of who alsoshallarrange the reporter's
for attendance.
(Ord.No. OR:- $ 28-901)
28-902. GUARANTEES, START OF CONSTRUCTION PURSUANT TO AN
APPROVED PLAN, AND INSPECTIONS
For purposes this section, term "public improvements"
of the shall includestreets,
grading,pavement, streetlighting, streetsigns,shade
gutters,curbs,sidewalks, trees,
surveyor'smonuments, preventionfeatures,
fire water mains,culverts,storm sewers,
28187
28-902 BOROUGHOF WATCHTNG CODE
sanitarysewersor other meansof sewagedisposal(excludingindividual subsurface
sewage disposalsystems intended serveindividuallots), drainage
to soil
structures,
erosioncontrol featuresand sedimentationcontrol devices,landscaping, public
improvements of open space,and, in the case of site plans only, other on-site
improvements.
Specificto Major Subdivisions.
A. Requirements
1. No final major subdivisionplat (whetherfor an entire tract or a section
unless:
shallbe recorded
thereof)
a. The BoroughEngineerhas certifiedto the Board that all public
improvements requiredby the resolutionof preliminaryapprovalhavebeen
completed;
satisfactorily or
b. The developerhas enteredinto a developer's agreement with the
by
Borough, a form satisfactory the BoroughAttorneyandauthorized the
in to
BoroughCouncil,requiringthe installation maintenance
and by the developer
and its successors interestof the public improvements,
in imposingsuch
limitations,and/or stagingof, the development the subdivisionas are
of
necessary ensureorderly constructionof the public improvements,
to and
assuring installationof the public improvements or before an agreed
the on
guarantee accordance
dateby the filing of a performance in with Section28-
902D.
2. No construction permit shall be issuedfor any building within the
subdivisionuntil the developer completed following public improvements
has the
in accordancewith the approvedsubdivision plansandconstructionplansrequired
by Section28-902M:
a. All requiredutility installations including
and their appurtenances,
watermains,drainage detention
and sanitary
facilities,culverts,stormsewers,
sewers dry sewers
or and publicimprovements openspace;
of
b. All requiredgradingandthe bituminous of
basecoursesurfacing all
streets;
c. curbs;and/or
Construction all required
of
guarantee accordance
d. Filed with the Borougha performance in with
section28-902D,sufficientin amountto cover the cost of all remaining
requiredimprovements, estimated the BoroughEngineer,and assuring
as by
the installation of said improvements or before an agreeddate and as
on
hereinafterprovided.
28188
LAND DEVELOPMEN']. 28-902
of
3. No certificate occupancy shallbe issued any dwellingwithin the
for
subdivision with the provisions a certificate occupancy
exceptin compliance for of
in
asspecified this chapter.
4. Unless providedotherwise elsewhere this chapter,the remaining
in
requiredimprovements shall be at leastfifty percent(507o)completed to each
as
category forth in the performance
set guarantee within one(1) yearfrom thedateof
final approvalor by suchtime as fifty percent(50Vo) the lots in the sectionin
of
question havebeenconveyed anyin manner the developer,
by whichever shallfirst
occur.At leastseventy-fivepercent (75Vo) the improvements
of shallbe completed
as to eachcategory set forth in the
as performance guaranteewithin eighteen (18)
monthsfrom the date of final approval,or at such time as seventy-five percent
(75Vo) the lots in the sectionin question
of havebeenconveyed any in manner by
the developer;whichever shallfirst occur.Suchimprovements shallbe onehundred
percent (l007o) completed accepted the Boroughwithin two (2) yearsfrom
and by
the dateof final approval at suchtime asall of the lots in the section question
or in
havebeenconveyed anymanner thedeveloper,
in by whichevershallfirst occur.
5. It is the intentionof the BoroughCouncilthat the foregoingrequirements
the
accomplish following:
a
a. Provideto thoseliving in eachnew section a subdivision lot that
of
is as complete as possible with respect to tract and individual lot
and
improvements;
of
b. Protect the interestsof the generalpublic and residents the
development the total
in of
completion the development.
6. In the caseof subdivision or the
havingfinal approval stages sections,
by
requirements this section
of by or
shallbe applied stage section.
B. Requirements Specific to Major Site Plans. No final major site plan
shall be approved the
application(whetherfor an entiretract or a sectionthereofl) by
Boardunless:
l. The Borough Engineer has certified to the Board that all public
improvements requiredby the resolutionof preliminary site plan approvalhave
or,
completed
beensatisfactorily
2. The developer, with the approvalof the PlanningBoard or the Zoning
Boardof Adjustment, the casemay be, hasentered
as agreement
into a developer's
with the Boroughin a form satisfactory the BoroughAttomey andauthorized
to by
the Goveming Body:
(andthe
a. Requiringthe installation maintenance the developer
and by
successors interest) the
developer's in of and
publicimprovements;
28r89
28-902 BOROUGHOF WATCHUNGCODE
b. Imposingsuchlimitationsupon,and/orstagingof, the development
of the site as are necessary ensureorderly construction the public
to of
improvements or beforean agreed
on upondateby the filing of a performance
in with
guarantee accordance Section 28-902D.
C. Requirements Specificto Minor Subdivisions and Minor Site Plans.In the
elects
case a minor siteplan and/orminor subdivision, the eventthat the developer
of in
to complete improvements
all without postingthe performance guarantee specifiedin
Section28-902D,no construction shall be commenced until a finalized plan is
and
submitted signed, of
incorporating conditions approval.
all
1. The developershall still post the inspectionescrow and notify the
Borough prior to commencement work.
Engineer of
2. All site improvements must be completed of
prior to the issuance a
certificate occupancy,
of or within one hundredtwenty (120) daysof a temporary
certificateof occupancy the instance
in wherea performance guarantee covering
thebalance the uncompleted
of improvementshasbeenposted.
D. PerformanceGuarantee.
1. A performanceguarantee estimateshall be preparedby the Borough
Engineerfor review and approval,setting forth all required improvementsas
determined the Board and the estimatedcost thereof, provided that no
by
pedormance shall be requiredfor the installationof utilities, when said
guarantee
utility improvementswill be installedby the applicable utility company. Any
adjustmentin the amount of the performance guarantee shall be approvedby
resolution the BoroughCouncil.
of
2. The cost of the installationof the requiredimprovements shall be
estimated the BoroughEngineerbasedon documented
by constructioncostsfor
public improvements prevailingin the generalareaof the Borough.The developer
may appeal BoroughEngineer's
the estimate the BoroughCouncil'The Borough
to
Council shall decidethe appealwithin forty-five (45) days of receiptby the
BoroughClerk of the appeal writing. After the developer
in postsa guaranteewith
theBorough basedon the costof the installation improvements determined
of as by
the Borough Council,he/she may institutelegalactionwithin one (1) yearof the
postingin orderto preserve right to a judicial determination to the fairness
the as
andreasonablenessthe amount theguarantee.
of of
3. The developer shall presenttwo (2) copiesof the performanceguarantee
in an amountequal to one hundredtwenty percent(IZOVo) the approved
of
construction
estimated costas stipulated the performance
in guarantee for
estimate
approvalas to form and execution the BoroughAttorney;additionalcopiesof
by
28190
LANDDEVELOPMENT 28-902
guarantee
the performance shallbe forwarded the ownerto the Planning
by Board
Attorney or Zoning Board of AdjustmentAttorney, as the case may be. The
performanceguaranteeestimates,as preparedby the Borough Engineer and
approvedby the Borough Council, shall be appended each performance
to
guarantee by
posted the obligor.
4. The performance guarantee shall be madepayableand deposited the to
Boroughof Watchung and shallbe in the form of cash,irrevocableletterof credit
in accordance N.J.S.A.
with 40:55D-53.5, certifiedcheck,a
a performance bond
providedby an acceptable in
suretycompanylicensed do business the Stateof
to
New Jerseyand with the developer principal,or in anotherform of guarantee
as
acceptable Borough.
the
a. The Borough shallissue receipt suchdeposits shallcause
its for and
as
the sameto be deposited the nameof the Boroughto be retained security
in
for completion of all requirements to be retumed to the party postingthe
and
saidbondon completion of all requiredwork or, in the eventof defaulton part
of the developer, be usedby the Boroughto pay the cost and expense
to of
obtaining of
completion all requirements.
b. The developer shallprovidea writtenagreement from his/herlending
institutionstatingthat the lending institutionagrees the time period(s)
to
requiredfor the completionof the improvements and to the releaseof the
guarantee theBoroughCouncilin accordance
by with Section28-902G.
5, Ten percent(IlVo) of the amount the approved
of guarantee
performance
shallbe deposited the developer cashwith the Borough.
by in
a. The remainingninety percent(9OVo)may be in cash,an irrevocable
letterof creditin accordance N.J.S.A.
with a
40:55D-53.5, surety bond,or in
another acceptable theBorough.
form of guarantee to
b. In the eventof default,the ten percent(107o)cashshall be first
appliedto the completion the requirements any bidding andlegalcosts
of and
associated therewith,and the remainingninety percent(90Vo)cash,letter of
to,
shallthereafter resorted if
credit,suretybond,or otherform of guarantee be
necessary, the completion the requirements any additionalbidding
for of and
andlegal costsassociatedtherewith.
E. Start of Construction. Constructionpursuantto a site plan or subdivision
shallnot commence
approval until:
1. The developer paid all fees and postedall escrowsrequiredby this
has
chapter.
2819r
28-902 BOROUGHOF WATCHUNGCODE
2. The developer received othergovernmental
has all required
approvals by
the Board'sresolution and/orsite plan
grantingsubdivision
of memorialization
approval.
3. The developerhas satisfiedall conditionsof approvalrequiredby the
Board'sresolutionof memorialization granting subdivisionand/or site plan
approval all revisions the submitted or planrequired the Boardat the
and to plat by
time of subdivision siteplan approval
or by
havebeenfiled with and approved the
Borough Engineer any otherindividualor
and groupasmay havebeenspecified by
the Board in the applicable of
resolution memorialization grantingsubdivision
and/or plan approval.
site
by
planshavebeenfiled with and approved
construction
4. The developer's
theBoroughEngineer.
5. The developerhas had a preconstruction meeting with the Borough
Engineerin accordancewith this chapter for the purpose of forecastingand
resolvingproblems may ariseduringthe time of construction.
that
6. Regarding major subdivisions the
only, the developer posted "Sales
has
Map" as requiredby this chapter a prominent
in locationin all officesfrom which
sales propertyin the subdivision
of will
development be conducted.
F. Inspectionsand Tests.
L All siteimprovements utility installations siteplans,subdivisions,
and for
plot plansandotherrealty improvements shallbe inspected duringthe time of their
installationunderthe supervision the BoroughEngineerto ensuresatisfactory
of
completion. The cost of saidinspection of
shallbe the responsibility the developer
who shalldeposit with the ChiefFinancial fees
Officerof the Boroughinspection in
not
an amount to exceed, except extraordinary
for circumstances, greater five
the of
hundred ($500.00) dollarsor five percent(SVo) the costof the improvements
of as
determined the BoroughEngineerin accordance
by with Section28'902D2'
provided that:
a. For those developments which the reasonablyanticipated
for
inspectionfeesarelessthantenthousand ($10,000.00) dollars,the feesmay,at
the optionof the developer, paid in two
be (2) installments. initial amount
The
depositedby the developershall be fifty percent(50Vo)of the reasonably
anticipatedfees.Whenthe balance deposit
of dropsto ten percent (l0%o) the
of
reasonably anticipated because amount
fees the by
deposited the developer has
beenreduced the amountpaid to the Boroughfor the
by inspection(s), the
developer shall depositthe remainingfifty percent(50/o) of the anticipated
inspectionfees.
28192
LAND DEVELOPME}{] 28-902
b. For those developments which the reasonablyanticipated
for
inspection feesareten thousand ($10,000.00)dollarsor greater, feesmay,
the
at the option of the developer, paid in four
be The initial
(4) installments.
amountdeposited the developer
by shallbe twenty-fivepercent(25Vo) the
of
reasonably anticipatedfees.Whenthe balance depositdropsto ten percent
of
(l|Vo) of the reasonably anticipated because amountdeposited the
fees the by
developer beenreduced the amountpaid to the BoroughEngineer
has by for
the inspection(s), developer
the of
shall makeadditionaldeposits twenty-five
percent (25Vo) ofthe anticipatedinspectionfees.
2. The inspection by Officerof
escrowshallbe deposited the Chief Financial
the Borough,or his/trerdesignee, an account suchpurposes
in for underthe sole
controlof the Borough.Saidinspection escrows may be commingled with similar
escrows from otherdevelopers, accurate
but accounts recordsshallbe kept so
and
as to identify the particularescrowsand charges madeagainstthe same.The
inspectionescrowfundsshallbe usedsolelyfor payment related
of inspectionfees,
expenses and costs incurredon behalf of the Borough during the courseof
construction.
3. The BoroughEngineer shallnot performanyinspection sufficientfunds
if
to pay for thoseinspections not on deposit.
are to
Failureof the developer deposit
the requiredinspectionfees in accordance with this chapterwill subjectthe
developer orderand/orsuspension construction
to a "stop-work" of permits.
4. In no caseshallany pavingwork be donewithoutpermission from the
Borough Engineer. leasttwo (2) working daysnotice shall be given to the
At
BoroughEngineerprior to any construction that he or a qualifiedrepresentative
so
maybe present thetime the work is to be done.
at
5. Streetsshallnot be pavedwith a top course is
until all heavyconstruction
completed and, if determined the
by BoroughEngineerto be necessary, the
bituminous basecourse first beenrestored.
has Shade treesshallnot be planted
until
all gradingandearthmovingis completed.
6. The BoroughEngineer's office shallbe notified at leastthree(3) working
daysprior to the commencement the following phases work so that he or a
of of
qualifiedrepresentative inspect work; the BoroughEngineer
may the shall,in turn,
notify the landscape designated the
architect by Board,if applicable, regarding any
seeding planting:
and
a. Roadsubgrade.
b. Curb andsutterforms.
28193
28-902 BOROUGHOF WATCHUNGCODE
c. Curbsandgutters.
d. Roadpaving.
e. Sidewalkforms.
f. Sidewalks.
pipesandotherdrainage
g. Drainage construction.
name
h. Street signs.
i. Monuments.
j. Sanitarysewers pumpstations.
and
k. Topsoil,seeding planting.
and
l. Undergroundutilities.
m. Potablewaterfacilities.
n. Detention basins.
and/orretention
7. When designated the Board,the landscape
by architectshall witnessand
approve landscaping a designated or on a typical lot within a development
in area
asdeemed and
appropriate necessary and/oras directedby the BoroughEngineer.
A follow-up inspection is
whenthe entiresite or phase development completed
of
shall be conducted in order to confirm compliancefor either a phase of
development the entireproject:
or
a. Plantings for
shallbe checked compliance plans;i.e.,
with approved
condition,correctquantity,size,species location.Any change
satisfactory and
or modifications the approved
to by
plansmustbe reviewedand approved the
landscapearchitect by
designated theBoard.
b. Lawns shall be inspectedfor adequatecoverage of healthy'
vigorouslygrowing grasswhich is relativelyfree of weedsand void of bare
spotslargerthan one (l) squarefoot in area.Bare spotsgreaterthan one (1)
squarefoot in area shall be reseeded resodded
or and reinspected until
is
coverage achieved.
acceptable
c. Upon completion the landscaping, landscape
of the shall
architect
checkfor compliance with the landscapeplans approvedby the Board.A
or itemsshallbe compiledwith copies
punchlist of outstanding unsatisfactory
givento the developer the BoroughEngineer, a final sign-offshallbe
and and
givenafternecessary remedial work.
28194
LAND DEVELOPMEN'I 28-902
d. Upon successful completionof all landscape work, a written
recommendation be forwarded the landscape
shall by to
architect the Borough
reportto the BoroughCouncilbefore
Engineer be includedin the inspection
to
the release performance
of guarantees.
8. Any improvement by
installedcontraryto the plan or plat approved the
Boroughshallconstitutejust cause the approving
by authorityor designatedofficial
to void or deem voidablethe municipal approval.Moreover,if a certificateof
or
occupancy construction permit is issuedby a Boroughofficial pursuant this
to
chapter,suchcerlificateor permitdoesnot indicateacceptance the Boroughof
by
from the planor plat asapproved
anydeviation(s) by the Board.
9. Any improvement installedwithout notice for inspectionpursuant
to
Section28-902F cause
shallconstitutejust for;
a. improvement;
Removal the uninspected
of
b. testing;
The payment thedeveloper anycostsfor material
by of
c. The restorationby the developerof any improvementsdisturbed
testing;and/or
duringanymaterial
d. The issuance a "stop-work"order by the Borough Engineer
of
pending resolution anydispute.
the of
10. Inspectionby the Boroughof the installationof improvements and
utilitiesshall not operate subject Boroughto liability for claims,suitsor
to the
liability of any kind that may at any time arisebecause defectsor negligence
of
during constructionor at any time thereafter;it being recognizedthat the
responsibilityto maintainsafeconditionsat all times during constructionand to
provideproperutilities andimprovements uponthe ownerand his contractor,
is if
any.
11. Upon substantial completion all requiredstreetimprovements
of (except
for the top course)and appurtenant utility improvements, and the connectionof
sameto the public system, obligormay request the BoroughCouncilin
the of
writing, by certifiedmail in careof the Borough Clerk, that the BoroughEngineer
preparein accordance with the itemizedcost estimateprepared the Borough
by
Engineer and appended the performance
to or
guarantee, list of all uncompleted
a
unsatisfactorycompleted improvements.
a. If sucha request made, obligor shallsenda copy of the request
is the
have
to the BoroughEngineer.The requestshall indicatewhich improvements
beencompleted whichimprovements
and remain uncompleted thejudgment
in
of the obligor.
28195
28-902 BOROUGHOF WATCHUNGCODE
b. The BoroughEngineer shallinspect the improvements
all covered by
the obligor'srequest shallfile a detailed andreport,in writing, with the
and list
BoroughCouncil,and shall simultaneously senda copy thereofto the obligor
not laterthanforty-five (45) daysafterreceiptofthe obligor'srequest.
c. If the BoroughEngineer fails to sendor providethe list andreport,as
requested the obligor, within forty-five (45) days from the receiptof the
by
request, the obligor may apply to a court of competent jurisdiction in a
summary manner an ordercompelling BoroughEngineer providethe
for the to
list and report within a statedtime and the cost of applyingto the court,
includingreasonable fees,maybe awarded the prevailingparty.
attorney's to
L2. The list prepared the Borough
by Engineer pursuant Section28-902Fll
to
shallstatein detail with respect eachimprovement
to to
determined be incomplete
or unsatisfactory, the natureand extentof the incompleteness eachincomplete
of
improvement the natureandextentof, andremedy the unsatisfactory of
or for, state
eachcompleted improvement determined be unsatisfactory. reportprepared
to The
by the BoroughEngineershall identify each improvement determined be
to
completeand satisfactorytogether with a recommendation to the amountof
as
reductionto be madein the performance guarantee relatingto the completedand
satisfactoryimprovement, accordance
in with the itemizedcost estimate prepared
by the BoroughEngineerand appended the performance
to guaranteepursuantto
thischapter.
G. Release.
The BoroughCouncil, by resolution,shall either approvethe improvements
determined be complete satisfactory theBoroughEngineer, rejectany or all
to and by or
of theseimprovements in
uponthe establishment the resolutionof causefor rejection,
andshallapprove authorize amount reduction be madein the performance
and the of to
guarantee relatingto the improvements in
accepted, accordance with the itemizedcost
estimateprepared the BoroughEngineer appended the performance
by and to guarantee
pursuant this chapter.
to This resolutionshall be adopted later than forty-five (45)
not
daysafter receipt the list andreportprepared theBoroughEngineer.
of by
1. Upon adoption ofthe resolution the BoroughCouncil,the obligorshall
by
be released from all liability pursuant its performance
to with respect
guarantee, to
thoseapproved improvements, exceptfor that portion adequatelysufficientto
secure completion or correctionof the improvements yet approved;
not provided
that thirty percent(307o)of the amountof the performance guaranteepostedmay
to
be retained ensure completion andacceptability all improvements.
of
28196
LANDDEVELOPMENT 28-902
2. In the eventthat the obligorhasmadea cashdepositwith the Boroughor
approvingauthorityaspartof theperformance guarantee, anypartialreduction
then
grantedin the performance guarantee shall be appliedto the cashdepositin the
sameproportionas the original cash depositbearsto the full amountof the
performance guarantee.
3. If any portion of the requiredimprovements rejected, obligor shall
is the
complete correctsuchimprovements
or shall
and,uponcompletionor correction,
notify the Borough Council pursuantto Section 28-902FIl and the same
proceduresshallbe followedasin thefirst instance.
4. Prior to the approvalby the BoroughCouncil of the final reductionand
release the performance
of guarantee, easements open spaceshall be
all and
conveyed the Boroughor
to suchotherguarantee specifiedon the final plat by
as
legal
deedcontaining metes-and-bounds description.
a
5. If the BoroughCouncil fails to approveor reject the improvements
determined the BoroughEngineer be complete satisfactory reduce
by to and or the
performance guarantee the completeand satisfactoryimprovements
for within
forty-five (45) daysfrom the receiptof the BoroughEngineer's andreport,the
list
obligormay applyto a courtof competent jurisdictionin a summary for
manner an
order compelling,within a statedtime, approvalof the completeand satisfactory
improvements approvalof a reductionin the performance
and for
guarantee the
approvable completeand satisfactory improvements accordance
in with the
itemizedcost estimateprepared the BoroughEngineerand appended the
by to
performance guarantee pursuant this chapter, the costof applyingto a court
to and
of competent jurisdiction,includingreasonable attorney'sfees,may be awarded to
the prevailing party.
H. Conditions and Acceptanceof Improvements. The approval of any
application development the Boroughshallin no way be construed acceptance
for by as
of any streetor drainagesystemor other improvement. improvements
No shall be
accepted the BoroughCouncilunless
by anduntil all of the following conditionshave
beenmet:
1. The final applicationfor development by
shall have beenapproved the
PlanningBoard or Zoning Board of Adjustment,as the casemay be, and the
developershall have submitted affidavit,signedby a licensed
an New Jersey
professional certifyingthat all requiredmonuments
land surveyor, havebeensetin
accordance the Map Filing Law andanyapproved
with plat.
subdivision
2. The Borough Engineershall have certified in writing that the
improvements completed
are of
and that they comply with the requirements this
chapterand the termsof the final applicationfor development by
approved the
Board.
28r97
28-902 BOROUGHOF WATCHTINGCODE
3. The owner shall have filed with the BoroughCouncil a maintenance
guarantee an amountequalto andnot morethanfifteenpercent(LSVo)
in ofthe cost
of installingthe improvements, costto be determined the BoroughEngineer
the by
in accordance with Section28-902D2.
a. The maintenance shall run for a period of two (2) years'
guarantee
guarantee
providedthat the maintenance shallnot terminate until the Borough
its
Council has authorized release pursuant a recommendation the
to by
Borough Engineer.
b. The procedures and requirements governing such maintenance
guaranteeshall be identical with the proceduresand requirementsfor a
pedormanceguarantee forth in this chapter.
set
for
c. The requirements a maintenance guarantee be waivedby the
may
Borough Council only if the Borough Engineerhas certified that the
improvements havebeenin continuous for not lessthantwo (2) yearsfrom
use
the datethe BoroughEngineer certifiedcompletion suchimprovements
of and
that during this period the owner has maintained improvements
the in a
manner.
satisfactory
4. An "as built" plan andprofilesof all utilities and roadsshallbe provided
with certificationsignedandsealed a New Jersey
by licensed engineer
professional
as to the actualconstruction approved the BoroughEngineer.
as by The "as built"
informationshall be submitted the form of: two (2) black and white prints to be
in
sentto the BoroughEngineer plus a mylar copy andtwo (2) black andwhite prints
to be sent to the Administrative Officer; and in electronic format sent to the
Borough Engineer formatasrequired theBorough
in by Engineer'
I. Extensionof Time. The time allowedfor the installation the improvements
of
for which the performanceguarantee has been provided may be extendedby the
BoroughCouncil by resolution, providedthat the currentcost of installationof such
improvements shallfirst be redetermined the BoroughEngineer, if suchcurrent
by and
costis foundto be greater thanthe costasoriginallydetermined, developer
the shallbe
required increase amountof the performance
to the guarantee an amount
to equalto one
hundred twentypercent costas
(l20Vo)ofthe installation redetermined. theeventthat
In
the redetermined cost shall be lessthan the cost as originally determined, in the
and
furthereventthat the developer's performance guarantee exceeds one hundredtwenty
percent (l20Vo)of suchredetermined the
costs, developer shallbe entitledto a reduction
of theperformance guarantee an amount
to equalto onehundred twentypercent (l20Vo)
of suchredetermined costs.
28198
LAND DEVELOPMENT 28-903
J. Default by Developer.If the requiredimprovements not completed
are or
in
corrected accordance with the performance guarantee, obligor and surety,if any,
the
underthe performance guarantee shallbe liable thereonto the Boroughfor the costof
the improvements completed constructed, the Borough,
not or and eitherprior to or after
receiptof the proceedsthereof,may complete improvements.
the Suchcompletionor
correctionof improvements shall be subjectto the of
public bidding requirements the
LocalPublicContracts Law,P.L. 197I,c.198.
1. For purposes this section,
of "default"shall meanfailure to installthe
improvements accordance Boroughstandards construction,
in with of includingbut
not limited to failure to install the improvements prior to the expirationof the
performance guarantee.
2. The BoroughEngineer's certificationthat the developerhas failed to
comply with the required standardsof construction and installation of
improvements shall be the basisfor BoroughCouncil actionwhich rejectsthe
improvements, withholds approval,withholds constructionpermits or formally
defaultandauthorizes
declares collection the performance
on guarantee.
K. Penalties.In additionto the penalties specifiedfor violation of this chapter,
the BoroughEngineer, another
or Boroughofficial designated the BoroughCouncil,
by
is specificallyauthorized requirethe replacement
to or restoration any lands,
of
buildings,structures and site improvements (includingclearing,whetheronsiteor
offsite)or of anyotherwork commenced continued any sitefor which an approval
or on
is required pursuant this chapter violationof any stop-workorderor the standards
to in
for construction established theBorough.
as by
(Ord.No. OR:-- $ 28-902)
28.903. ADDITIONAL PROVISIONSFOR ESCROW DEPOSITS
A. The Borough,or the PlanningBoard or the Zoning Board of Adjustment, as
thecase may be, shallnot bill the applicant charge established
or any escrowaccount for
any municipalclericalor administrative functions, expenses,
overhead meetingroom
charges, for any other municipalcostsand expenses
or except,and subjectto, the
following:
l. If the salary,staff supportandoverhead a municipalprofessional
for are
providedby the Borough,the charge shallnot exceed two hundredpercent(200V0)
of the sumof the productresultingfrom multiplyingthe hourly basesalaryof each
of the professionals the numberof hoursspentby the respective
by professional
upon review of the application development for the inspection the
for or of
developer'simprovements, thecase
as maybe.
28199
28-903 BOROUGHOF WATCHUNGCODE
2. If the salary,staff supportand overhead a municipalprofessional
for are
not providedby the Borough,the feesor charges shall be basedupon a schedule
established resolution shallbe at the same
by and rateas all otherwork of the same
natureby the professional the municipalitywhen fees are not reimbursed
for or
otherwise on or
imposed applicants developers.
3. If theBoroughretainsa differentprofessional consultant the placeof
or in
theprofessionaloriginallyresponsible development
for for
within the municipality,
for
thereviewof an application development or for the inspection improvements,
of
theBorough, the Planning
or Boardor the ZoningBoardof Adjustment, the case
as
may be, shall be responsible all time and expenses
for of the new professional to
becomefamiliar with the application the project,and the municipalityor
or
municipalagencyshall not bill the applicantor chargeany established escrow
for
account anysuchservice.
shallmakeall
B. The ChiefFinancialOfficer of theBorough, his/herdesignee,
or
of the payments professionals services
to for rendered the Borough,to the Planning
to
Boardor to the ZoningBoard of Adjustment, the casemay be, for the reviewof
as
for development the inspection improvements shall administer
applications and of and
thereviewandescrow as
deposits follows:
1. Each paymentcharged a depositfor the review of applications
to for
development for the inspection improvements
and of to
shallbe pursuant a voucher
from the professional accordance thefollowing:
in with
a. Eachvouchershallidentify the personnel the
performingthe service,
date each service is performed,the hours spentto one-quarter(1/4) hour
increments, hourlyrateof theprofessional, theexpenses
the and incurred.
b. Eachvouchershallbe submitted the Chief FinancialOfficer of the
to
Boroughon a monthlybasisin accordance the schedules procedures
with and
Officer.
established the ChiefFinancial
by
or
copy of all vouchers
shall sendan informational
c. The professional
statementssubmitted to the Chief Financial Officer of the Borough
to
simultaneously the aPPlicant.
2. The Chief FinancialOfficer of the Boroughshallprepare and sendto the
a
applicant statement which shall includean accounting the fundslisting all
of
interest
deposits, eamings,disbursements the cumulative
and of
balance the escrow
account;this informationshall be providedon a quarterlybasisif the monthly
charges onethousand
are ($1,000.00) dollarsor less,or on a monthlybasisif the
monthlycharges one
exceed thousand ($1,000.00) dollars.
28200
LAND DEVELOPMET..{'I 28-903
3. If an escrowaccount depositcontainsinsufficientfundsto enable
or the
Borough,the PlanningBoardor the ZoningBoardof Adjustment, the casemay
as
be, to perform the requiredapplicationreviewsor improvement inspections, the
Chief FinancialOfficer of the Boroughshall providethe applicantwith a written
or
noticeof theinsufficientescrow deposit balance.
or
a. In orderfor work to continue the development the application'
on
to
within ten (10) daysof the writtennotice,shallpost a deposit
the applicant,
the accountin an amountto be agreedupon betweenthe Borough'the
PlanningBoard or the ZoningBoardof Adjustment, the casemay be, and
as
the applicant.
b. With regardto reviewfees,if the applicant fails to makesaiddeposit
within the time prescribed herein,the Planning Board or Zoning Board of
Adjustment, the casemay be, shallbe authorized dismissthe application
as to
without prejudicesubject the right of the applicant seekreinstatement
to to by
noticeto the Boardthat saiddeposits havebeenposted.
c. With regardto inspection fees, the BoroughEngineershall not
performany inspection sufficientfundsto pay for the inspections not on
if are
providedthat anyrequired
deposit, healthandsafetyinspections shallbe made
and chargedback againstthe replenishment funds. Failure to post and
of
maintaininspectionfee deposits accordance
in with theserequirements will
of
subject developer a "stop-work"orderand/orsuspension construction
the to
permits.
C. The following close-out procedure shall apply to all deposits and escrow
accounts shall commence
and afterthe approvingauthorityhas grantedfinal approval
andsigned subdivision
the plat or siteplan,in the caseof application reviewescrows
and deposits, after the improvements
or havebeenapprovedas providedin N.J.S.A
40:55D-53, the case improvement
in of inspection escrows deposits. applicant
and The
shall send written notice by certified mail to the Chief FinancialOfficer of the
municipalityand the approvingauthority,and to the relevantmunicipalprofessional,
that the applicationor the improvements, the casemay be, are completed.
as After
receiptof suchnotice,the professional shall render a final bill to the Chief Financial
Officerof the municipalitywithin thirty (30) days,andshallsenda copy simultaneously
to the applicant. The Chief FinancialOfficer of the municipalityshall rendera written
final accounting the applicant the usesto which the depositwasput within forty-
to on
five (45) daysof receiptof the final bill. Any balances in
remaining the deposit or
escrowaccount,including interestin accordance with Section28-903Dshall be
refunded the developer
to alongwith the final accounting.
2820r
28-904 BOROUGHOF WATCHUNGCODE
D. Whenever amountof moneyin excess five thousand
an of ($5,000.00) dollars
is deposited an applicantor developer
by with the Boroughfor professional services
for
employedby the Borough for the review of submittedapplications development
pursuant Article 28-900,or for inspections
to pursuant Section28-9OZF, to satisfy
to or
the guarantee requirements pursuantto Section28-902D,the money,until repaidor
applied the purposes which it is deposited,
to for or
includingthe applicant's developer's
portionof the interesteamed exceptasotherwise
thereon, providedin this section,
shall
continue be the propertyof the applicant developer shallbe held in trustby the
to or and
with
municipality accordance the following:
in
l. shallbe heldin escrow.
Themoneydeposited
2. The moneyshall be deposited the Boroughin a bankinginstitutionor
by
savingsand loan association New Jerseyinsuredby an agencyof the Federal
in
approved suchdeposits the
government, in any otherfund or depository
or for by
State.
3. The money shall be deposited an accountbearinginterestat the
in
minimum rate currently paid by the institutionor depositoryon time or savings
deposits.
4. The Boroughshallnotify the applicant writing of the nameandaddress
in
of the institutionor depository which the depositis madeandthe amountof the
in
deposit.
5. The Boroughshallnot be required refundan amountof interest
to paidon
a deposit one
which doesnot exceed hundred ($100.00) dollars.However, the
if
amountexceeds hundred
one ($100.00) dollars,that entireamountshallbelongto
the applicantor developer and shall be refundedto him/her by the Borough
annuallyor at the time the depositis repaidor appliedto the purposes which it
for
was deposited, the case may be; exceptthat the Borough may retain for
as
administrative expenses sum equivalent not more than thirty{hree and one-
a to
third percent(33 ll37o) of that entireamount which shallbe in lieu of all other
and
administrative custodial expenses.
(Ord.No. OR:- $ 28-903)
28.904. OFF.TRACT IMPROVEMENTS
A. Required Improvements.Applicants shallbe required, a conditionfor
as
approval a subdivision, plan or conditional
of site use,to pay their pro ratashare the
of
cost providingreasonable necessary
and streetimprovements and/orwater,sewerage
and drainage facility improvements, any necessary
and easements thereforlocated
28202
LANDDEVELOPMEM 28-904
premises, indicated the BoroughMaster
outside propertyIimits of the subject
the but in
Plan and necessitated requiredby construction improvements
or or within such
subdivision development. following criteriashallbe utilized in determining
or The the
developer's proportionatepro rata monetary share for the necessary off-tract
improvements.
B. Improvementsto be Constructedat the Expenseof the Developer. cases In
wherethe needfor an off-tract improvement reasonably
is createdby the proposed
subdivision development
or and whereno other propertyownersreceivea special
benefitthereby(asopposed a mereincidental
to benefit),the applicantmay be required,
asa conditionof approval at the
and to
applicant's expense, acquire
sole and/orimprove
landsoutside tractanddedicate
the suchlandsto the Boroughor Somerset Countyor, in
or to
lieu thereof,requirethe subdivider developer deposit with the Borougha sumof
money sufficientto allow the Boroughto acquireand/or improve such landson
conditions may deemappropriate
it underthecircumstances.
C. General Standards for Other Improvements.In cases wherethe needfor
any off-tract improvement be implemented
to now or in the future is reasonably
necessitated the proposed
by development application, whereit is determined
and that
propertiesoutsidethe development also will be benefitedby the improvement, the
following criteria,togetherwith the provisions rulesandregulations the Borough
or of
or any department the
thereof,may be utilizedin determining developer's proportionate
share such
of improvements:
l. SanitarySewers. For distributionfacilities,includingthe installation,
relocationor replacement collector,trunk and interceptorsewersand the
of
relocation replacement otherappurtenances
installation, or of associatedtherewith,
proportionate
the applicant's shareshallbe computed follows:
as
a. The capacity and the designof the sanitarysewersystem shallbe
basedon the Rules and Regulations the Preparation
for and Submission of
Plansfor Sewerage Systems,New Jersey StateDepartment Environmental
Of
Protection,and all Boroughsewer designstandards, includinginfiltration
standards.
b. pro
Developer's ratashare:
(l) The capacity ofthe existingsystem servetheentireimproved
to
drainageareashall be computed. If the systemis able to carry the total
development drainagebasin,no improvement enlargement will be
or cost
assigned the developer
to although somechargesincluding,but not
limited to, capacitychargesmay be imposed'If the existingsystem does
not haveadequate drainage
capacityfor the total development basin,the
pro-ratedenlargement improvementshare shall be computedas
or
follows:
28203
28-904 CODE
BOROUGHOF WATCHLTNG
Develooer's
Cost = Develoomentgpd
TotalEnlargement Total Tributary gpd
Cost
or Improvement
(2) If it is necessary construct new system orderto develop
to a in
the subdivisionor development, pro-ratedenlargement
the shareto the
developer as
shallbe computed follows:
Cost
Developer's = Development Tributary gpd
TotalProiectCost TotalTributarygpd to New System
(3) The plansfor the improvedsystem the extended
or system shall
be prepared the developer's
by engineer. work shall be calculated
All by
thedeveloper approved theBorough
and by Engineer.
2. Roadways. For street widening, alignment, channelizationof
construction barriers,
intersections, of signs'
new or improvedtraffic signalization,
curbs,sidewalks,trees,utility improvement uncovered elsewhere,the construction
or reconstruction new or existingstreets
of and other associated or
streets traffic
the
improvements, applicant's as
proportionate shallbe determined follows:
cost
a. The applicant's
engineershallprovidethe BoroughEngineer with the
peak-hour
existingandanticipated volumes whichimpactthe off-tractareasin
question,which volumesshall analyzepedestrian,bicycle and motor vehicle
traffic.
b. The applicant shall furnish a plan for the proposedoff-tract
improvements, which shall includethe estimated peak-hour traffic generated
by the proposed development. The ratio of the peak-hour traffic generatedby
the proposed development the futurepeak-hour
to traffic shall form the basis
of the proportionate The
share. pro-ratedshare as
shallbe computed follows:
Cost
Developer's = Additional Peak-HourTraffic Generatedby the
Development
Traffic
Total Costof Road- TotalFuturePeak-Hour
way Improvement
and/or Extension
3. Drainage and
Improvements. the stormwater drainage
For improvements,
relocation replacement stormdrains,culverts,
includingthe installation, or of catch
basins,manholes, riprap or improveddrainageditchesand appurtenancesthereto
and the relocation or replacementof other storm drainage facilities or
appurtenances associated therewith, applicant's
the proportionateshareshall be
determined follows:
as
28204
LANDDEVELOPMENT 28-904
a. The capacity and designof the drainagesystemto accommodate
stormwater off shallbe based a methoddescribed UrbanHydrology
run on in
for Small Watersheds,TechnicalRelease Service
55, Soil Conservation
USDA, January1975,as amended, shall be computed the developer's
and by
engineer approved theBorough
and by Engineer.
b. The capacityof the enlarged,extended improvedsystem
or required
for the subdivisionor development and areasoutsideof the subdivisionor
development shallbe computedby the developer's engineer be subject
and to
the approval theBorough
of Engineer. plansfor the improvedsystem
The shall
be prepared the developer's
by engineer andthe estimatedcostof the enlarged
system shallbe calculated theBorough
by Engineer.
share the proposed
c. The pro-rated for shallbe computed
improvement
asfollows:
Develooer'sCost = Develooment cfs
Total Enlargement or Total Tributarv cfs
Improvement of
Cost
Drainage Facilities
4. Water.
a. Whereno public wateris accessible, applicant
the shalldepositfunds
the
in escrowwith the Boroughin an amountequalto the cost of connecting
subdivision an existingpublic watersupplysystemcalculated the basis
to on
of two hundred(200)feetper unit.
b. The escrowamountshaltbe calculated determining costsof
by the
providingsuchwatermain extension charged the public waterutility for
as by
such service,including,but taxes,
not limited to, materials,installation,
appurtenances, if
surcharges, any,etc.
5. A recyclingplan,ifrequired pursuant Section28-610
to hereinbelow.
D. Escrow Accounts. Where the proposedoff-tract improvement to be is
undeftaken a future date,fundsrequiredfor the
at to
improvementshall be deposited the
credit of the Boroughof Watchungin a separate accountuntil such time as the
improvement constructed. lieu of a cashescrowaccount,
is In developersmay present
irrevocable lettersof credit for the term requiredin a form acceptable the Borough
to
Attomey.
L If the off-tractimprovement not begunwithin ten (10) yearsof the
is
deposit,all moniesand interestshall be returnedto the applicantor the letter of
credit,asthe casemaybe, surrendered.
28205
28-904 BOROUGHOF WATCH{-INGCODE
2. An off-tractimprovement "begun"if the Boroughhas
shallbe considered
takenlegalsteps providefor the design financingof suchimprovements.
to and
E. Refemal to Borough Council.
L Where applications for development suggestthe need for off-tract
improvements, whetherto be installed in conjunctionwith the development in
question otherwise, PlanningBoardor the Zoning Board of Adjustment,
or the as
the casemay be, shall forthwith forward to the Borough Council a list and
descriptionof all such improvements togetherwith a requestthat the Borough
Council determineand advisethe Board of the procedure be followed in
to
construction installationthereof,
or includingtiming. The Board shall defer final
actionupon the subdivision site plan until receiptof the BoroughCouncil
or
determination the expirationof ninety(90) daysafterthe forwardingof suchlist
or
anddescription the BoroughCouncilwithout determination
to havingbeenmade,
whichever comes sooner.
2. TheBoroughCouncil,within ninety(90) daysafterreceiptof saidlist and
shall determineand advisethe PlanningBoard or Zoning Board of
description,
Adjustment,as the casemay be, concerningthe procedureto be followed and
advisethe Board with regardto suggested conditionsof approval,if any, to
adequatelyprotectthe municipality.
3. In the eventthat the PlanningBoardor Zoning Board of Adjustment, as
thecasemaybe, is required statute actuponthe application
by to prior to receiptof
the BoroughCouncil'sdetermination to construction off-tract improvements,
as of
it shallrequest applicant consent an extension time within which to act,
the to to of
of sufficientduration to enablethe BoroughCouncil to make the aforesaid
determination. the event that the applicantis unwilling to consentto the
In
requested extension time,the Planning
of Boardor ZoningBoardof Adjustment, as
the casemay be, shall,in its discretion, eitheritself determine procedure be
the to
the
followedin constructing aforesaid improvements, shallconditionits approval
or
uponthe subsequent determination of theBorough Council.
F. Implementationof Off-Tract Improvements.
1. In all cases, developersshall be requiredto enterinto an agreement or
agreements in
with the Boroughin regardto off-tract improvements, accordance
with this chapterand any other ordinances, policies,rules and regulations the
of
Borough,Somerset County and the Stateof New Jerseyand any departments,
authorities agencies
or thereof.
28206
LANDDEVELOPMENT 28-904
2. Where properties outsidethe subjecttract will be benefitedby the
improvements, BoroughCouncilmay requirethe applicant escrowsufficient
the to
funds, in accordancewith Section28-904D (Escrow Accounts),to securethe
developer'spro rata share of the eventualcost of providing future structural
improvements baseduponthe standards herein.
expressed
3. Where properties outside the subject tract will benefit by the
improvements, BoroughCouncil may determine
the that the improvement or
improvements to be installed the municipalityasa
are by general improvement,the
cost of which is to be borne as a generalexpense. the BoroughCouncil shall
If
determine the improvement improvements
that or or
shall be constructed installed
as a general improvement, BoroughCouncilmay direct the PlanningBoardto
the
estimate, with the aid of the BoroughEngineeror such other persons who have
pertinent informationor expertise, amount,if any, by which the total cost
the
thereofwill exceed total amountby which all properties,
the includingthe subject
benefited
tract,will be specifically thereby, the subdivider developer
and or shallbe
liableto the municipalityfor suchexpense.
4. If the Borough Council shall determinethat the improvement or
improvements shallbe constructed installedasa local improvement, or a part
or all
of the cost of which is to be assessed againstproperties benefited therebyin
proportion to the benefits conferredby the improvementsin accordance with
Chapter of Title 40 of the Statutes
56 of the Stateof New Jersey, developer
the may
be requiredto sign an agreement acknowledging agreeingto this procedure
and
and,in addition,the BoroughCouncilmay requirethatthe developer shallbe liable
to the municipality, additionto the amount any special
in of assessments againstthe
subjectpropertyfor benefitsconferred the improvement
by or improvements, the
differencebetween totalcostactuallyincurred the total amount whichall
the and by
properties,includingthe subjecttract,are speciallybenefited by the improvement
asthe same may be determined theBoardof Improvement
by Assessors.
5. If the BoroughCouncil shall determine that the improvements to be
are
constnlcted installedby the applicant,
or suchagreement may containprovisions,
consistent in
with the standards this chapter and any otherrules,regulations or
policiesof the Borough,Countyof Somerset the Stateof New Jersey
and and any
departments, authorities agencies
or thereofwith jurisdiction therein,whereby the
applicantshall be reimbursed the municipalityor otherwise, a resultof any
by as
participationfees, connection charges,chargespaid in regard to developer's
agreements with ofherapplicants the like, all in accordance
and with an agreement
between BoroughCouncilandthe applicant.
the
6. In determiningthe procedures be followed in the event of the
to
submission a list and request
of from the PlanningBoard,the BoroughCouncil
shallbe guidedby the following standards considerations:
and
28207
28-904 BOROUGHOF WATCHUNGCODE
within
a. The local trendsin regardto the probabilityof development
the drainageor circulation area in questionand the intensity of such
development;
b. The risk and exposure that neighboringareasare subjectto in the
eventthatthe required are
improvements delayed;
c. The extentto which temporary measures may sufficiently alleviate
the condition or conditionsrequiringthe off-tract improvement and the
facilitieswill be requiredin the
likelihoodthat larger,regionalor subregional
futureto servethe tract andthe generalareaof the municipalityin which the
same located;
is and
d. The extentto which the health,safetyand welfareof the residents,
bothcurrentandfuture,dependuponthe immediate implementation the off-
of
tractimprovement.
Ord.No. OR:07/23 3)
(Ord.No. OR:-- $ 28-904; $
28208
LANDDEVELOPMENT 28-1002
ARTICLE 28.1OOO
AFFORDABLE HOUSING
AND GENERAL REQUIREMENTS
28.1001.PI.JRPOSE
A. Purpose.The purposeof theseregulations to guide the development
is and
whether
disposition, throughsales housing
or rentals, all affordable
of in
undertaken the
Boroughpursuantto the Borough'sAffordableHousingPlan grantedSubstantive
Certification April l, 1998by the New JerseyCouncil on AffordableHousing
on
consistent N.J.A.C.
with 5:93-Il et seq. 6,
effective June 1994.
on
B. General Requirements.The developer affordablehousinglocatedin an
of
inclusionarydevelopment shall, as a conditionof site plan approval,demonstratethat
the affordablehousinghasbeendesigned will be marketed,
and sold and/orrentedin
compliance of
with the requirements this Article.
(Ord, OR:--$ 28-1001)
No.
DEFINITIONS
28-IOO2.
The following terms shall have the meanings forth in this sectionunless
set
different All
meanings clearlyindicated the contextin which they areused. terms
are by
definedin N.J.A.C.5:93-1.3areherebyincorporated reference if setforth herein
by as
in their entirety.
dwelling that is sold or rentedfor an amount
Affordable Housing: A residential
within the meansof incomehousehold definedby the New
a low or moderate as
JerseyCouncilon AffordableHousing.
Low Income Housing: Housingaffordableaccordingto New JerseyCouncil on
AffordableHousingregulations, a household
to with a total grossannualincome
equal to fifty percent(50Vo) less of the median gross householdincomefor
or
households the samesize within the housingregionin which the housing
of is
locatedas adoptedby COAH, and which is subjectto affordabilitycontrols
consistentwith COAH regulations.
Moderate Income Housing: Housingaffordable according New Jersey
to Council
on AffordableHousingregulations, a household
to income
with a total grossannual
in excess fifty percent
of (507o) lessthaneighty percent(807o)of the median
but
grosshousehold incomefor households the samesizewithin the housing
of region
by
in which the housingis locatedas adopted COAH, and which is subject to
affordabilitycontrols with COAH regulations.
consistent
SeniorCitizen: A personwho is sixty-two(62) yearsof ageor older.
(Ord.No. OR:- $ 28-1002)
28209
28-1003 BOROUGHOF WATCHIJNGCODE
28,1003.DEYELOPMENT REQUIREMENTS
A. Distribution of Low and Moderate Income Units. With the exceptionof
units governed Federaltax creditsand the Federalor Stateregulations
by pertaining
thereto, leastfifty percent
at (507o)of all affordable housingunits in any inclusionary
housing development shallbe affordable low incomehouseholds. remainder
to The shall
be affordable moderate
to in
incomehouseholds accordance with the requirements of
this Article.With the exception unitsgoverned Federal creditsandthe Federal
of by tax
or Stateregulations pertainingthereto,at leastone-third(1/3) of all units in each
bedroomdistributionshall be affordableto low incomehouseholds. Developers are
encouraged designinclusionary
to developments integratelow and
that moderate
incomeunits with marketrateunits.
B. Bedroom Distribution. Inclusionary developments and
shall be designed
constructed accordance
in with the followingbedroomdistributionrequirements:
1. The combination efficiencyandone (1) bedroom
of units shallbe at least
thantwentypercent
(107o)andno greater
ten percent (20Vo) the total numberof
of
low andmoderateincomeunits.
incomeunits shall
2. At leastthirty percent(30Vo) all low and moderate
of
be two (2) bedroomunits.
incomeunits shall
(20Vo) all low andmoderate
3. At leasttwentypercent of
be three(3) bedroomunits.
4. Units designed andreserved seniorcitizensmay utilize a different
for for
bedroomdistributionstandard than the aboveprovidedthat the total numberof
bedrooms shall equalthe total numberof affordableunits reserved occupancy
for
by seniorcitizens, subject the approval COAH.
and to of
C. ConstructionPhasing.Within inclusionary developments, and moderate
low
incomeunitsshallbe built in accordance thefollowing schedule;
with
Min. Voof Low/Iuloderate 7oof Market Rate
ed
IncomeUnits Complet : Housing Units Completed:
0 25
l0 25 + I unit
50 50
75 t)
100 90
(Ord.No. OR:: $ 28-1003)
282rO
LANDDEVELOPMENT 28-1005
28.1004.ADMINISTRATION OF AFFORDABLE HOUSING
A. Administering Agency.To provideassurances all new low andmoderate
that
incomehousing the Boroughis occupied qualifiedincome-eligible
in by households, the
Boroughshallcontract with the Department Community
of Affairs, AffordableHousing
Management Service(AHMS) to administerall sales,rentals,resalesor rerentals of
affordablehousing in accordance with COAH rules, and to provide appropriate
counseling servicesto households AHMS deemsnecessary.
as The developer of
affordablehousing and the landlord of affordable rental propertiesshall pay any
requiredfees in connectionwith the services be providedby AHMS. Prior to the
to
issuance a building permit for the first affordableunit, the developer
of shall provide
evidenceof such paymentto the Borough Administrator.Developersof affordable
housing within an inclusionarydevelopment shallprovideAHMS with all necessary
information concerning sales
the pricesor rentsof available units andshall,ifrequested
by AHMS, demonstrate compliance with the pricing and rental requirements this of
Article or COAH rules.All occupancy reoccupancy affordablehousingin the
and of
in
Boroughshall be undertaken conformance with the procedures the Affordable
of
Housing Management Service.
B. Borough Contact Person.The BoroughAdministratorshall be the contact
any
persondesignated the BoroughCouncil to coordinate necessary, activities
by as
undertaken AHMS, file any and all monitoringforms with COAH, and act as the
by
landlords the general
municipalliaisonwith COAH, developers, and public.
C. Certificate of Occupancyor Reoccupancy Required. No low or moderate
incomehousingunit shallbe occupied or reoccupied of
without a certificate occupancy
or reoccupancy accordance
in with this section.No certificateof occupancy shall be
issued unless until thereis a writtendetermination
and by
thatthe unit is to be controlled
a deedrestrictionand such deedis recorded within five (5) days of title closing.No
certificate reoccupancy any unit shallbe issued
for of unlessanduntil thereis a written
determination that the unit is controlledby a deedrestrictionor continuingdeed
restrictionregardless whetherthe sellershad executedthe deed restrictionupon
of
acquisition the property.
of
(Ord.No. OR:--$ 28-1004)
28.1005.AFFIRMATIVE MARKETING
A. General.The sale,resale, rentalandrerental all affordable
of housingshallbe
in
undertaken accordance with the requirements this Article and COAH regulations.
of
Theseregulations intended implement requirements N.J.A.C.5:93-11.
are to the of
rentalandrerental all affordable
Marketingfor the sale,resale, of housingshallbe based
282t1
28-1005 BOROUGHOF WATCHT]NGCODE
upon a regionalmarketingstrategy, within the housingregion designated below,
designed attract prospectivehomebuyers all groupsregardless sex, age or
to of of
number children,who live or work within the housing
of region,to availableaffordable
housingunits in of
the Borough.The developer affordable housingunits shallhavethe
primary role in developingthe initial affirmative marketing plan and undertaking
marketing consistent with theserules,for the saleor rentalof units,andshallcooperate
with and coordinateall marketingand salesor rental activities with the Affordable
Housing Management Service.
B. HouseholdCertification. All prospective applicants the purchase rental
for or
(includingall resales rerentals) affordable
or of housing in the Borough,including
affordableaccessoryapartments, shallbe certifiedas an income-eligiblehouseholdby
the AffordableHousingManagement Service. personshall
No or
purchase rent an
affordablehousingunit that is governed theserules without first being certifiedby
by
theAffordable HousingManagement Service.
C. Housing Region.The Boroughis locatedin COAH Region3 which includes
Somerset Middlesex
Hunterdon, and Counties.
D. No Discrimination Permitted.Discrimination the sale,rental,financingor
in
relatedto affordablehousingon the basisof race,color, sex,religion,
other services
handicap, familial status/size, or nationalorigin is prohibited.The Boroughshall
age
complywith monitoringandreportingrequirements accordance
in with N'J.A'C' 5:93-
lL6 andI2.l.
E. Affirmative Marketing Requirements.Developersof affordablehousing
with theserules and shall coordinateall marketing
shall marketunits in accordance
with theAffordableHousingManagement
activities Service.
l. All newspaper for
articles,announcements requests applications
and for
The
affordablehousingshall appearin the following daily regionalnewspapers:
CourierNewsandHomeNews.
2. Advertisements, announcements, newspaperarticles may also be
and
placedin neighborhood newsletters otherpublications
newspapers, and including
but not limited to the MessengerGazette,Hunterdon Democrat, Middlesex
Chronicle SCCOAHNewsletter.
and
will be
3. The following regionalradio and/orcabletelevisionstation(s)
usedasnecessary:WCTC Radio(Somerset), WDVR TKR Cable
(Sergeantsville),
(Piscataway).
28212
LANDDEVELOPMENT 28-1005
4. Initial marketingshall takethe form of at leastone (l) pressrelease
sent
in
to the abovenewspapers a paid displayadvertisement each.Additional
and
shallbe on an asneeded
advertising basis.
shall include a descriptionof the
5. Each newspaperadvertisement
following:
a. of
address theunit(s)
Street
b. Directions theproperty
to
c. per
Sizeof unit(s)andnumber bedrooms unit
of
d. Range
ofsalesprices
orrents
e. Incomerequirements
including business
f. Location of applications, hours and where/how
applications moreinformation
or rnaybe obtained.
6. Applicationsshall be mailed to prospective applicantsupon request'In
brochures,
addition,the following are the locationswhere applications, signsor
otherformsof advertisement/marketing be found.
may
a. Watchung
BoroughMunicipalBuilding andLibrary
b. Developer's Office
Sales/Rental
c. Building
CountyAdministration
Somerset
d. Somerset Middlesex
CountyLibrariesin Hunterdon, and Counties
e. in
Major employers theregion.
7. The following is a listing of community in
contacts the housing region
that will aid in the affirmative marketingprogramwith particularemphasis on
contacts that will reachout to groupsthat are the leastlikely to apply for housing
within theregion:
a. Hunterdon, Somerset,and Middlesex County Departmentsof
Planning
b. CountyHousing
Hunterdon Agency
c. CountyHousingCoalition
Hunterdon
d. MiddlesexCountyHousingCoalition
e. CountyCoalitionon AffordableHousing(SCCOAH)
Somerset
282t3
28-1005 BOROUGHOF WATCHUNGCODE
f. United Way of Somerset
County
of
C. Local andCountyChambers Commerce
h. of New Brunswick.
Civic I-eague Greater
basisto eachof the
shallbe senton an as needed
8. Flyersand applications
following agencies publication theirjournalsandfor circulationamongtheir
for in
members: Boardof Realtorsin Hunterdon,Somerset, Middlesex
and Counties.
9. Informationalcircularsand applicationsshall be sent on an as needed
employee eachof the following agencies the
basisto the chief administrative of in
Counties Hunterdon,
of and
Somerset, Middlesex:
a. UnitedWaY
b. Office on Aging
c. Library
d. AreaCommunity if
Action Agencies, any.
at
10. The marketingprogramfor new units shall commence least one
hundredtwenty (120) daysbeforethe first issuance a certificateof occupancy,
of
whethertemporaryor permanent. The programshall continueuntil all low and
moderateincomehousingunits areinitially occupied for as long as affordable
and
housingunitsareprovidedor assuredthroughdeedrestrictions asoccupancy
and or
of
reoccupancy units continues be necessary satisfaction the Borough's
to in of
AffordableHousingobligation.
F. Selectionof Occupants.The methodutilized for selecting for
occupants
availableaffordablehousing units shall be organizedand implementedby the
AffordableHousingManagement Service accordance its rulesandprocedures.
in with
G. No ResidencyPreferencePermitted. The Borough shall comply with
Thereshallbe no localresidency
N.J.A.C.5:93-11.7. preference marketing
in affordable
housing.However, an occupancypreference shall be given to income-eligible
households live or work within the CoAH-determined
that housingregionwithin which
Watchung Boroughis situated.Applicantsliving outsidethe regionshall havean equal
opportunity unitsafterintraregional
for applicantshavebeenprocessed.
(Ord.No. OR:--$ 28-1005)
28214
LAND DEVELOPMEN'I 28-t007
28.1006.INCOME LIMITS
of
The occupancy all affordable housingshall be limited to households low or
of
moderateincomein accordance with the incomelimits for the size of the household
approvedand periodicallyupdated COAH. The Affordable HousingManagement
by
Serviceshallbe responsible verifyingincomeand certifyinghouseholds placing
for in
households low and moderate
in incomeunits, in accordance with COAH des. (Ord.
No.OR:- $ 28-1006)
28.IOO7 AFFORDABILITY CONTROLS
.
All low and moderate incomehousing, accessory
and apartments rehabilitated
and
units shall be govemedby a deedrestrictionand/ormortgagelien and affordability
controlsconsistentwith COAH regulations.
A. New Construction. Newly constructed affordablehousingshall be governed
by deedrestrictions and mortgage liens ensuringaffordabilityfor a periodof not less
thanthirty (30) yearsfrom the dateofthe initial saleto a qualifiedpurchaser.
B. Accessory Apartments. Accessoryapartments shall be governedby deed
liens and deeds easement
restrictions, of ensuringaffordabilityfor a periodof not less
thanten (10)years.
of
C. Rehabititation.Any rentalhousingthat is rehabilitated satisfaction the
in
Borough's affordable housingobligationshallbe subjectto affordabilitycontrolsfor a
periodof at leastten (10) yearsby documentation approved the BoroughAttorney.
by
Owner-occupied rehabilitated housing shall be subjectto a deferredloan requiring
repayment only whentitle is transferred.
D. Deed Restrictions. Deedrestrictions,liens, and deedsof easement shall be
consistentwith N.J.A.C.5:93-9.3through9.16 concerning COAH's forms and
municipal,state and seller optionsregardingunits for sale, continuedoptionsto
maintainlow andmoderate incomehousing, foreclosure for
termsandprocedures initial
and
sales resales.
(Ord.No. OR:--$ 28-1007)
28215
28-1008 BOROUGHOF WATCHI.INGCODE
AND RBNTAL REQLIIREMENTS
28-1008.PRTCTNG
A. In accordance N.J.A.C.
with 5:93-7.4(a), followingcriteria
the shallbe usedto
calculate maximumrentsandsales
the pricesof AffordableHousingin accordance with
income sizesandbedroom
limits for the household distribution follows:
as
BedroomType: Income Size:
Limitfor Household
Efficiencyunit I personincome
l bedroom 1.5person income
2 bedroom 3 personincome
3 bedroom 4.5person income
B. The initial rent for eachbedroomtype of low and moderate incomeunits for
so
rent shallbe established as not to exceed thirty percent(307o) grossmonthly
of
for
income,includingan allowance tenant-paid utilities, for the appropriate household
sizein accordance Section
with 28-1008Aabove.The tenant-paid utility allowanceshall
with the utility allowance
be consistent approved the US Department
by of Housingand
UrbanDevelopment usein New Jersey.
for
C. The initial price for eachbedroomtype of low or moderate incomeunits for
saleshallbe established that aftera downpayment five percent
so of (5Vo) the monthly
,
principal,interest,homeowner and privatemortgage propertytaxes(based
insurance,
uponthe restricted valueof the unit) andcondominium homeowner
or fee,
association
do not exceed twenty-eight percent(28Vo) grossmonthlyincomefor the appropriate
of
household in accordance
size with Section28-10084above.
D. MasterDeedsof inclusionarydevelopments shall regulatecondominiumor
homeowner associationfees or special assessments low and moderate
of income
purchasers a specifiedpercentage thosepaid by market rate purchasers.
at of The
percentage shallbe
that paid by low andmoderate incomepurchasers shallbe one-half
(l/2) of that paid by market-rate Onceestablished the MasterDeed,the
purchasers. in
percentage not be amended
shall withoutprior approvalfrom COAH.
E. The maximumaverage incomeunits
price and/orrentof all low andmoderate
within eachinclusionary development shall be that which would be affordableto
households with a total annualincomeequalto fifty-sevenandone-halfof one percent
(57.5Vo) median
of income.
F. Moderateincomesalesunits shall be availablefor at leastthree(3) different
unitsshallbe available at leasttwo (2) differentprices.
pricesandlow incomesales for
G. Developers affordablerentalhousingmay establish
of one (1) rentalrate for
low incomeunits and one (1) rentalratefor moderate
incomeunits for eachbedroom
282t6
LANDDEVELOPMENT 28-1009
type, provided that the averageof all rents is that which would be affordableto
households with a total annualincomeequalto fifty-sevenand one-halfof onepercent
(57.SVo) median
of income.
H. All affordable and
housingunits whether saleor for rent shallbe designed
for
constructed utilize the sameheatingsystemfuel sourceas marketunits within the
to
development.
I. Low incomeunits shall be reserved households
for with a total grossannual
incomeequalto fifty percent(507o) lessof the medianincomeapproved COAH.
or by
Moderate incomeunits shall be reserved households
for with a total grossannual
incomegreaterthan fifty percent(50%) but lessthan eighty percent(80Vo) median
of
incomeapproved COAH. Notwithstanding methodof establishing
by the pricesor rents
above, household's
stipulated a incomeeligibility shallbe determined the basis the
on of
actualhousehold size of the household for
proposed occupancy. Compliance shall be
requiredwith the sales, rentalandrerental
resales, procedures N.J.A.C.5:93-9.16.
of
with COAH-
J. Annual increases salespricesor rentsshall be in accordance
in
determined permitted
and increases.
(Ord.No. OR:--$ 28-1008)
28-1009.OCCUPANCY POLICIES AND GI.IIDELINES
A. Low incomeunits shallbe reserved low incomehouseholds moderate
for and
incomeunits shall be reserved moderate
for incomehouseholds, providedthat a low
incomehousehold may be placedin a moderateincomeunit. Low andmoderate income
units shall not be offered to households that are not income eligible exceptin
conformance COAH rulesandif required approval COAH'
with the of
B. The occupancy policy for affordable
housingshallbe baseduponthe objective
of effectiveutilizationof space without overcrowding,or providingmorespace thanis
needed the numberof peoplein the household.
by Generally, householdswill be
referred available
to for
unitsusingthe following standards occupancy:
1. A maximumof two (2) persons bedroom.
per
2. In determining number bedrooms
the of needed the household, (l)
for one
per
bedroom child except thatchildrenof the same may share bedroom.
sex a
3. In determining numberof bedrooms
the needed the household' (l)
for one
bedroom eachunrelated
for adultor personofthe oppositesex,otherthanhusband
andwife.
28217
28-1009 BOROUGHOF WATCHI-INGCODE
4. A changein family size after occupancy shall not be considered a
unless same a violationof any otherapplicable
violationof this chapter, the is local
or Statelaw, and further providedthat a household that has increased size,
in
contraryto thesestandards, may not be permittedto renewits leaseon the same
unit.
5. Households for
may be considered occupancy baseduponconsiderations
otherthanasoutlinedabove, in no eventshalla household referred a unit
but be to
that providesfor more thanone (1) additional
bedroom basedupon
per household
the occupancy standardsabove.
6. In addition to the servicesprovided by the Affordable Housing
Management Service,nothinghereinshallpreclude ownerof affordable
the rental
housingfrom undertaking creditchecksand housing
appropriate checks
reference
as part of the process determining
of of
eligibility for occupancy any affordable
housing unit.
(Ord.No. OR:--$ 28-1009)
282r8
LANDDEVELOPMENT 28-1r02
ARTICLE 28.1100
AFFORDABLE HOUSING DEVELOPMENT FEES
28-1101.FINDINGS AND PURPOSE
A. The New Jersey Supreme Court,in HolmdelBuildersvs. HolmdelTownship,
121N.J. 550 (1990),determined mandatory
that development feesare both statutorily
and constitutionallypermissible.The court further anticipatedthat COAH would
promulgateappropriatedevelopment rules specifying, among other things.the
fee
standards thesedevelopment
for fees.The purposeof this sectionis to providesuch
rulespursuant N.J.A.C.
to et
5:92-18 seq.
B. The Mayor and BoroughCouncil find and declarethat the creationand
preservation affordable housing in the Borough servesthe public interest.
of
Maintainingand improving a stock at soundaffordablehousingrequiresaffirmative
stepsby local govemment with public bodiesat all levelsand
working cooperatively
with the privatesector. The purpose this sectionis to createin the Boroughof
of
Watchung trust fund from payment development to assistin the marshalling
or fees of
to
publicandprivatemoniesdedicated affordable housing projects programs.
and
(Ord. OR:--$ 28-1101)
No.
28.TI02. DEFINITIONS
Affordable Housing: Any housingunit with an acquisitionprice or rent level not
exceeding maximumresaleor rent level for low and moderate
the incomehousing
5:92-1.2.
assetforthin N.J.A.C.
Councilon AffordableHousing.
COAH: The New Jersey
Development association,
partnership,
Fees:Money paid by an individual.person,
company, corporation the improvement propertyas permittedin N.J.A.C.
or to of
5;92-18 seq.
et
Equalized Assessed Value: The value of a propertydetermined the Borough
by
Tax Assessor designed ensurc
througha process to that all propertyin theBorough
is assessed the sameassessment or ratiosrequiredby law. Estimates the
at ratio at
time of buildingpermitmay be obtained theTax Assessor
by utilizing estimatesfor
28219
28-1103 BOROUGHOF WATCHUNGCODE
cost.Final equalized
construction valuewill be determined project
assessed at
completion theTax Assessor.
by
(Ord.No. OR:- $ 28-1102)
28-1103.DEVELOPMENT FEE SCHEDULE
A. ResidentialDevelopment.
L Residential development shallbe a maximumof onepercent
fees (lvo) of
the equalizedassessed valuefor residential
developmentwhich is not exemptfrom
the provisionsof this chapteras setforth below,providedno increased densityis
permitted.
2. If a "d" variance granted
is pursuant N.J.S.A.
to then
40:55D-70d(5), the
additionalresidentialunits realized(abovewhat is permittedby right under the
existingzoning)will incur a bonusdevelopment of six percent
fee (6%) ratherthan
the development of one percent
fee (1%). However,if the zoningon a site has
changed during the two-yearperiod preceding filing of the "d" variance
the
application, basedensityfor the purposes calculating bonusdevelopment
the of the
fee shall be the highestdensitypermittedby right during the two (2) years
preceding filing ofthe "d" variance
the application.
3. The Borough may allow developers sites zoned for inclusionary
of
development pay a fee in lieu of building low and moderate
to incomeunits
providedCOAH determines Borough's
the HousingElementand Fair SharePlan
provides realisticopportunityfor addressing Borough's
a the fair shareobligation.
The fee may equalthe costof subsidizing low andmoderate
the incomeunits that
are replaced the development For example,an inclusionarydevelopment
by fee.
may includea twentypercent (2070)set-aside, set-aside a fee that is the
no and
equivalent a twenty percent(20Vo)
of of
set-aside a combination a fee and set-
or
aside thatis the equivalent a twentypercent
of (207o)set-aside.
4. The Boroughmay collectfeesexceeding thosepermitted this section
in
providedthe Boroughentersinto agreements developers offer a financial
with that
incentive payinghigherfees.Thefinancialincentive
for may be in the form of a tax
abatement. agreement
No fee
may provide for a voluntarydevelopment without
off-setting
alsoprovidingfor a comparable are
incentive. agreements subject
All to
COAHapproval.
28220
LAND DEVELOPMENT 28-1104
B. NonresidentialDevelopment.
1. Nonresidentialdevelopment shallbe a maximumof two percent
fees (2Vo)
of the equalized whichis not exempt
development
valuefor nonresidential
assessed
from the provisions this chapter setforth below.
of as
2. [f a "d" variance granted
is pursuant N.J.S.A.40:55D-70d(4),
to thenthe
additionalfloor arearealized (abovewhat is permittedby right underthe existing
zoning) will incur a bonusdevelopment of six percent(6Vo)ratherthan the
fee
development of two percent
fee (2Vo).However, the zoningon a sitehaschanged
if
duringthe two (2) yearperiodpreceding filing of the "d" variance
the application'
the basefloor areafor the purposes calculating
of fee
the bonusdevelopment shall
be the highestfloor areapermitted right duringthe two (2) yearspreceding
by the
filing ofthe "d" variance
application.
3. The Boroughmay collect feesexceeding thosepermittedin this section
providedthey enterinto agreements developers offer a financialincentive
with that
for payinghigherfees.Suchagreements include,but arenot limited to, a tax
may
abatement,increased commercial/industrial square footage, increased
commerciallindustrial coverage
lot and/orincreased commercialor industrial
impervious coverage, returnfor an increased
in development The development
fee.
fee negotiatedmust bear a reasonable relationship to the additional
commercial/industrialconsideration be received. agreements subjectto
to All are
approval by COAH.
(Ord. OR;- $ 28-1103)
No.
28-IIO4.ELIGIBLE EXACTIONS, INELIGIBLE EXACTIONS, AND
EXEMPTIONS
shall
developments
inclusionary
A. Exceptasprovidedin Section28-II03 above,
from development
be exempt fees.
B. Development fees may only be collectedfor any residentialstructurewhich
requiresthe installationof a new foundation(excludingfoundationsrequiredfor an
additionto or renovation an existingresidential
of structure a foundation
or requiredfor
an accessorystructure anexistingresidential
to structure).
C. All forms of new nonresidentialconstructionshall be subjectto development
feesprovided, however, for
that development may only be collected improvements
fees
that add usableor rentablefootageto an existingnonresidential In
structure. the event
thata development is collected a nonresidential
fee for structure thereafter
and usableor
28221
28-1105 CODE
BOROUGHOF WATCHTJNG
rentablefootageis obtained a
throughmodificationof the said structure, development
fee may be collectedfor the additionalunableor rentablefootage basedupon the
increase theequalized
in valueof the improved
assessed structure.
from preexisting
D. The Boroughshall not reducedensities levels and then
require for
developers pay development in exchange an increased
to fees density.
E. Developments havereceived
that or
preliminary final approvalprior to the
impositionof a development shall be exemptfrom development
fee fees unlessthe
developer a change the approval.
seeks substantial in
from the imposition
F. TheBoroughexempts following typesof development
the
fees:
of development
1. Development the Borough anyof its instrumentalities.
by or
2. Development charitableor not-for-profitentitiesformed and legally
by
established accordance the lawsof the State New Jersey.
in with of
(Ord. OR:--$ 28-1104)
No.
28-1105.COLLECTION OF DEVELOPMENT FEES
The Borough shall collect fifty percent(507o)of the fee on any specific
development prior to andas a conditionof the issuance the buildingpermittherefor.
of
The remaining portion shall be collected prior to and as a conditionof the issuance of
the certificate occupancy.
of Oncethe final equalized assessed value of a particular
development beendetermined the Tax Assessor,
has by and such final equalized
assessed valueis greater thanthe estimated equalized assessed value,the developer
shall,within ten (10) business daysfrom receiptof notificationfrom the Borough,pay
to the Boroughthe difference between development requiredto be paid by the
the fees
developer once such final equalizedassessed value has been determinedand the
estimated development actuallypaid by the developer. failure ofthe developer
fees The
to maketimely payments the aforesaid
of deficiencyshall entitle the Boroughto file,
In
withoutnoticeto the developer, lien against subjectdevelopment. the eventthe
a the
Boroughshallfile such lien, the Boroughmay addto the aforesaid deficiencyamount,
reasonable attorney feesto file and discharge suchlien, together with any and all costs
incurredto file and discharge said lien, In the eventthat the estimated equalized
28222
LAND DEVELOPMENI 28-t107
assessed value provesto have beentoo high, the Borough shall promptly refundthe
difference the
between estimated development actuallypaid by the developer
fees and
the development once suchfinal equalized
fees requiredto be paid by the developer
assessed hasbeen
value determined.(Ord.No. OR:--$ 28-l105)
28.1106.HOUSING TRUST FI]ND
All developmenrfees shall be deposited with the Chief FinancialOfficer of the
Boroughin a separatedesignated interest-bearinghousingtrust fund. The development
feesplacedin the housingtrust fund shallbe deemed "dedicated as
revenues" suchterm
is defined N.J.s.A. 40A:4-36.Inestablishing housing
in the trust fund, the Borough
shallprovidewhatever express written authorization may be requiredby the bank
that
utilized by the Borough in order to permit COAH to direct the disbursement of
development pursuant thischapter.
fees to (Ord.No. OR:- $ 28-1106)
28.II07, USEOFMONBY
A. The Boroughshall use revenues collected from development fees for any
activity approved by COAH for addressing Borough'sfair shareobligation.Such
the
activitiesinclude,but are not limited to, rehabilitation, regional
new construction,
contributionagreements, the purchase landfor low andmoderate
of incomehousing, the
improvement land to be usedfor low and moderate
of incomehousing,the extension
and/orimprovements roadsand infrastructure
of to low and moderateincomehousing
sites,assistancedesignedto renderunits more affordableand the administration or
of
implementation the housing element.
B. Fundsshall not be expended reimburse Boroughfor past housing
to the
activities.
C. At leastthirty percent(30Vo) the revenues
of collectedfrom development fees
Examples such
shall be devotedto renderunits more affordable. of activitiesinclude,
but are not limited to, down paymentassistance, low interestloans, and rental
assistance. requirement
This may be waivedin whole or in part when the Borough
demonstrates COAH the ability to address requirement affordabilityassistance
to the of
from anothersource.
D. No more than twenty percent (207o) of the revenues collected from
development shallbe expended administration,
fees on includingbut not limited to,
salaries benefitsfor Boroughemployees consultant
and or to
feesnecessary develop or
28223
28-1108 BOROUGHOF WATCHUNGCODE
a
implement rehabilitation a program, regionalcontribution
program, new construction a
agreement,a housingelement,and an affirmativemarketingprogram.Administrative
monitoringthe turnoverof
fundsmay be usedfor incomequalificationof households,
sale and rental units, and compliance with COAH's monitoring requirements.
Development shallnot be usedto defraythe costs existingstaff.
fees of
(Ord.No. OR:--$ 28-1107)
MONITORING
28.11.08.
The Borough shallcomplete returnto COAH all monitoring forms related to
and
the collection development
of fees,expenditures revenues,and implementationof the
of
spending plan certifiedby COAH. Quarterlyfinancial reports and annual program
implementation auditingreportsshall be completed bv the Borough on forms
and
designed COAH.(Ord.No. OR:- $ 28-1108)
by
28.1109.SPENDINGPLAN
A. The Boroughshall submitto COAH a spending plan for the developmentfees
by of certification
collected it prior to the expiration its substantive period.Plansto
spend of
development shallconsist the followinginforrnation;
fees
1. A projectionat revenues from imposingfeeson development
anticipated
activity.
on historic
based
of mechanism the Boroughwill use
2. A description the administrative that
to collectanddistributerevenues.
fees.
3. A description the anticipated or all development
of use
4. A schedule the creation rehabilitation housing
for or of units'
5. In the eventthe Boroughenvisionsbeingresponsible public sectoror
for
nonprofitconstruction housing,a pro-formastatement the anticipated
of of costs
andrevenuesassociated the development.
with
6. The mannerthroughwhich the Boroughwill address shortfallif the
any
anticipated from development
revenues fees are not sufficient to implementthe
plan.
(Ord. OR:--$ 28-1109)
No.
28224
LAND DEVELOPMEN] 28-l110
PENALTIES
28-1110.
A. In the eventthat any of the conditions forth below occur,COAH shallbe
set
authorized, behalf of the Borough,to direct the mannerin which all development
on
feescollectedpursuantto this chaptershall be expended. Should any suchcondition
occur, such revenues shall immediatelybecomeavailablefor expenditure the at
directionof COAH upon the BoroughClerk'sreceiptof written notificationfrom
COAH that sucha conditionhasoccurred, furtherance the foregoing, Borough
In of the
shall,in establishing bank account
a pursuant this chapter,
to ensure that the Borough
hasprovided whatever express writtenauthorization by
which may be required the bank
to permit COAH to direct disbursement suchrevenues
of from the account following the
deliveryto the bank of the aforementioned written notificationprovidedby COAH to
theBoroughClerk.
B. Occurrence the following may resultin COAH taking an actionpursuant
of to
A
paragraph above:
plan within the time limits imposed
1. Failure to submit a spending by
COAH.
for
2. Failureto meetdeadlines informationrequiredby COAH in its review
of this chapter, Borough's
the housing or
element, spendingplan.
COAH's conditionsfor approvalof a plan to spend
3. Failure to address
development within the deadlines
fees by
imposed COAH.
for certificationwithin
COAH'sconditions substantive
4. Failureto address
by
imposed COAH.
the deadlines
monitoringreportswithin the time limits
5. Failure to submit accurate
by
imposed COAH.
6. Failureto implementthe spending plan for developmentfeeswithin the
time limits imposed COAH or within reasonable
by extensions by
granted COAH.
by
7. Expenditure development on activities permitted COAH.
of fees not
certification'
substantive
8. Revocation the Borough's
of
9. Othergoodcausedemonstrating the revenues not beingusedfor
that are
purpose.
the intended
(Ord. OR:--$ 28-lll0)
No.
28225
28-11I
I BOROUGHOF WATCHUNGCODE
FEES
28.IIII. ONGOINGCOLLECTIONOF DEVELOPMENT
The Borough's ability to collectdevelopment shall expirewith substantive
f'ees
certificationunlessthe Borough has filed an adoptedhousingelementwith COAH,
petitioned for substantivecertification, and received COAH's approval of its
development ordinance.
fee (Ord.No. OR:-- S 28-1111)
28226
LANDDEVELOPMENT 28-120r
ARTICLE 28.I2OO
ADMIMSTRATION, PENALTIES, REPEALER, VALIDITY
28.I20I, ADMINISTRATION
A. Enforcement.This chaptershall be enforcedby the Zoning Officer of the
Boroughof Watchung, exceptwherethe BoroughEngineermay be authorized to
enforceany of the provisionsof this chapter.The Zoning Officer may institutethe
action or proceedings preventunlawful construction,
appropriate to repair,
alteration,
conversion,maintenance, in
occupancy, use of land, buildings,or structures the
or
Boroughin orderto corrector abate violation
any of this chapter.
B. Inspections. buildings,
All and
structures land situated within the Borough
shallbe subjectto inspection the ZoningOfficer wherethere
by is reasonable basisfor
believingthat a violationof this chapterexists.At the time of suchinspection, rooms
all
in a building or structureand all partsof the premises shall be madeavailableto the
Zontng Officer and the owner, operatoror occupantshall be required to make the
necessary arrangements facilitatesuchinspections. ZoningOfficer may applyto
to The
theMunicipal Judgeof the Boroughof Watchung to a Judgeof the Superior
or Courtof
the State of New Jerseyfor a searchwarrant and/or accesswarrant to pelmit the
inspection anypremises,
of buildingor structure.
C. Zoning Permits. Zoning permitsshall be secured from the Zoning Officer
erectionor alteration any building or part thereof,or any
prior to the construction, of
stationary An
sign,unlessexemptfrom the provisions this chapter. application
of form
may be obtained the administrative
at officesof the Borough.All applications shallbe
by
accompanied a statement indicatingthe existingor proposed of the premises
use and
plansor drawings existingor
for proposed buildrngs showingtheir location
or structures
on the land and proximity to road right-of-waylines and propertylines, or other
informationas determined the Zoning Officer to be necessary order to issuea
by in
permit.
D. Certificate of C)ccupancy. buildingshallhereafter occupied,
No be erectedor
alteredundera zoningpermit shallbe occupied usedin whole or in part for any use
or
or purposewhatsoever no changein use shall hereafter madewith respect
and be to
buildings,structures land until a certificate occupancy
or of shall be issuedby the
ZontngOfficerindicatingthatthe useof thepremises in compliance
is with this chapter.
With respect any nonresidential any change tenancyor natureof occupancy
to use, in
shall requirethe issuance a certificate occupancy,
of of exceptthat an affordable
housing unit shall alsorequirethe issuance a certificate occupancy anychange
of of for
in occupancy. of
Certificates occupancy shallbe issuedwithin ten (10) daysfrom the
dateof a writtenapplication saidcertificate.
for
(Ord.No. OR:-- $ 28-1201)
28227
28-1202 BOROUGHOF WATCHUNGCODE
28.1202. PENALTIES
A. Fines.
shallbe liable to the penalty
l. Any violationof anyprovisionof thischapter
asstated Chapter subsection
in I, l-5.1. Thefollowingindividuals shallbe subject
punishment:
to potential
a. The owner, generalagent,contractor occupantof a building'
or
premises part thereofwheresucha violation hasbeencommittedor does
or
exist,
b. Any agent,contractor,architect,
engineer, or
builder,corporation
who commits,
otherperson takes in
partor assists the violation'
offense.
shallconstitute separate
2. Eachday that a violationcontinues a
3. The impositionof penalties hereinshallnot preclude Boroughor any
the
other personfrom instituting an action to preventan unlawful construction,
reconstruction, corrector abate
repair,conversion, useor to restrain,
alteration, or a
or to prevent illegaloccupancy a building,landor premises.
violation, the of
B. Injunctive Relief. In additionto the foregoing, Boroughmay instituteand
the
maintain civil action
a for injunctiverelief.
(Ord.No. OR:- $ 28-1202)
28.1203, REPEALER
of
This chapteramendsand replaces their entiretythe following chapters the
in
1972Code the Boroughof Watchung:
of "Chapter75, Fences Walls," "Chapter
and 119
Subdivision Land and Site PlanReview,"and "ChapterI38 Zoning," and "Chapter
of
XIX. Land UseProcedures" the 2003Revised
of GeneralOrdinances the Boroughof
of
Watchung, of which are herebyrepealed their entirety.Any and all remaining
all in
sections the Codeof the Boroughof Watchung containprovisions
of that contraryto or
inconsistent the provisions this chapter, hereby
with of are repealed the extentof such
to
inconsistency (Ord.No. OR:- $ 28-1203)
only.
28.1204.VALIDITY OF ORDINANCE
paragraph,
If any section, clause provision this chapter
subsection, or of shallbe
adjudged the courtsto be invalid, suchadjudication
by shall apply only to the section,
paragraph,subsection, clause provisionso adjudged the remainder this chapter
or and of
shallbe deemed (Ord.No. OR:- $ 28-1204)
valid andeffective.
28228
APPENDICES
ChapterXXVII
LandDevelopment
Borough Watchung
of
APPENDIXA FIGURES
Figurel, Lot Depth Lot Width...........
and .28A01
Figure2, ParkingSpace 28A0
...........................1
Measurements
Figure3, RequiredSetbacks,Yards,
Building
Principal Envelope...... ..28402
Figure4, Residential and
Driveways Parking Areas 28403
........
APPENDIXB DEVELOPER'S 28BO
..................... 1
AGREEMENT
APPENDIX C 28CO
AGREBMENT............,..... 1
PERFORMANCE
APPENDIX D APPLICATIONFOR
DEVELOPMENT/CIIECKLISTS
for Checklists...........................28D01
D-1,Application Development
D-2, Checklists:
A. Variance Checklist......
Application ..........28D11
B. Informal
Application
Checklist ................28D13
C. Minor Application for
Checklist Minor Subdivision
Plats MinorSitePlans.............
and ..,........28D15
Major Application
D. Preliminary Checklist for
Preliminary
Major SubdivisionPlatsand
PreliminaryMajorSitePlans............. .......28D21
E. Final Major Application Major
Checklist-Final
Subdivision PlatsandFinal Major Subdivision
Applications. ..28D27
APPENDIXE ZONINGMAP..........., ....28801128E02
APPENDIX A
FIGURE 1
Lot DepthandLot Width (Section23-203)
MEllfilxstt ENTAN NAN{.|JRV&DFXONTACE MEIaSIIIEMEI{T CIJXVED
ON FROIITIGB
Rr.r lrt UE
I
I I I
I
I
I I
I I
I
I I
I
I t
I
I Scrbrk Poinr Eqqd !o I
I ',..,-
tho Midngo Rdruirod
Feul Y..d Sratir.t
i-rootutbclNt6llc
FIGURE 2
Space
Parking Measurement
(Section28-6078)
zEttENDIcaIAR (90) PlnnNA III,GLAo (,f'SS TELN W) '/ttrwo
<.tP/r,s e waD,$ pax?Lat zttlusL PArrwo
-1 towld.h
.-N'-H
.Xl"o,ilry*
-l
J :#
I ,u.drh I
It'Dopth
__l
I
Nol ,o &alc
28A01
BOROUGHOF WATCHUNGCODE
FIGURE 3
Required BuildingEnvelope
Yards,Principal
Setbacks,
(Section28-203)
wtERrOxt,oT
&rr frt Linc
$Tisff | |
h{
!l r
.E
:l*ilt
;l rl f
v:t
t;
ir
l##
_t_T Ftor{ I-oa
Ct'BIYETIOT
tr.rl,ot tirc
It
I Rcoirod
Rc.iYud
lm
I
I S.r!|E& I
X!.r Yrr{
I
Rquircd Sidc I r J -
Y.rdso.be*{
Y.;d s..t --L
;
-*_-_-1 \l
ll at
l-
e
g
EI I ll
|-l
Sidc
c
5 Yrrd l-!
I
{*-,"-oJ Ci
rl
rE
qt e tr
B
q,
I
I I l*ffiHor
.-l
I Sctbrct I
T
i: L Eroat Loa Ltoc
I
r $idc 6lrd rc€r
'.a{ds oD cor.cr tott 6bdl bc dcaigualcd at ths timo of rgplicrtbo for r dcvclqpmrqt pc{rril.
281t02
LAND DEVELOPMENTAPPENDIXA
FICURB 4
Driveways parking
Residcatial ard Areas
EideIaeM Gotagc
RcrrYrrdRcouircd Lirc
Serbart
ix* i 15' R.RZooe
i*""**Ki
t2' \-47-lrc
8' R.BZoac
17 R.M-LDirtict l!
15'R-M.LDirtridm
15' R-M-LDi.ticr ry
50 R.R Z.oc
50' R-A Zoe
3t R.B Zo$
l5' R-R Zoqc
12' R-A Zo!!
t' R-B Zooc
17 R+{-L Dinrict Il
15' R-M-L Ditkicl IIl
15' R-M-L Disda lV
28A03
APPENDIX B
(Section by:
Prepared
28-8078)
, Esq.
AGREEMENT
DEVELOPER'S
THIS AGREEMENT, madeon
between
THE BOROUGH OF WATCHUNG, a Municipal Corporationof the County of
havingits principalofficesat 15 MountainBoulevard,
Stateof New Jersey,
Somerset,
New Jersey07060,
Watchung, calledthe"Borough",
hereinafter
and
residing or having its offices at
New Iersey hereinaftercalled the
"Developer".
WHEREAS, the Developer receivedheliminary Major Subdivision Approval from the
Watchung
BoroughPlanningBoardon Aoolication # for
Block -, Lot -, known as , locatedon : and
WHEREAS, as
plans are designated _
the approved sheets,preparedby
dated with a latest
revisiondateof : and
WIIEREAS, the approval wasgranted subject amongotherthings,the execution
to, of
this Agreementbetweenthe Boroughandthe Developerand the posting of certainguarantees
as
hereinafterset forth and other conditionsas more fully set forth in the resolutionof said
Planning Board;
NOW, THEREFORE, in consideration the foregoingand the sum of One($l'00)
of
Dollar lawful moneyof theUnitedStates America,
of eachto the otherin handpaid,at or before
the signingof this Agreement, receiptwhereof hereby
the is acknowledged eachparty,andin
by
consideration the mutualcovenants,
of agreements, conditions,understandings undertakings
and
contained setforth, thepartiesheretoherebyagreeasfollows:
hereinafter and
l. ThattheDeveloper of
shallat thetime of final approval prior to the signing the
and
improvements:
providethefollowingfor all on-tract
final mapor plans,
(a) Performance Bond secured appropriate
by suretyin the sumof $- asa
guaranty the installation thepublicimprovements saidproject. In theeventthe
for of in
Developer installedany of the requiredimprovements
has prior to the applicationfor
28801
CODE
BOROUGHOF WATCHTJNG
final approval, amountshallbe reduced accordance the BoroughEngineer's
this in with
and
costestimate work completed;
for
(b) Cashescrowin the amountof ten (107o)percentof the performance
bond
guarantee.
amountasadditionalperformance
or
The Developershall, prior to the commencement any off-tract improvements
of
within anyexisting
improvements providethefollowing:
publicright-of-way,
(a) Performance bond secured appropriate
by suretyin the sum of
or
as a guarantyfor the completionof the installationof the off-tract improvements
improvements thepublicright-of-way;
in and
(b) Cashescrowin the amountof ten (10/o) percentof the performance
bond
guarantee.
amountasadditionalperformance
The Developershall further post with the Borough inspectionfees in the sum of
$_ (Initial Depositof $--). in
Thesefeesmay be paid in installments accordance
withNISJI 40:55D-53.
undertaken theDeveloper the tractprior to the receiptof final
Any improvements by on
at risk.
approval undertaken theDeveloper's
are
2. That the Developer shall cause be installedat its own expense any streetor
to in
sewer
streets, linesandhouseconnections to the curb at eachof its individualunits,if required,
and any trunk sewer line, if any, leading through and within said development and shall
maintain same
the by
until thesaidlinesareaccepted theBorough.
3. That the improvements be madein any streetsshall consistof gradingeach
to
street for its entirewidth, laying watermains,stormand drainage sewers, sanitarysewersand
connections, required,constructing
if Belgium block curbingand paving the roadwaywith a
bituminous concrete pavement from curb to curb as may be specifiedin any Preliminaryand
Final SitePlan documents Preliminary
or andFinal Subdivision documents, of which work
all
shallbe performed accordance anyconditions
in with contained the resolution the Planning
in of
Boardandall ordinances, resolutions,rulesandregulations theBorough, Boardof Health,
of the
theSewer Authority,andany State CountyDepartment Agencyrespecting opening
or oI the and
of
improvement streets and construction utilities and further subjectto
of issuance a road
of
opening permitby the Superintendent PublicWorks.All of the saidwork shallbe performed
of
subjectto the inspectionand approvalof the BoroughEngineer.All catch basinsshall be
initiallysetat subgrade shallbe raised finished
and to of
heightat timeof installation top course.
4. That after the completionof the public improvements, Developershall post
the
with the Borougha maintenance bondappropriatelysecured form and amountsatisfactory
in to
the Borough,conditioned the Developer
on maintaining of suchstreets,
all sewers and mains
andotherimprovements within suchcompleted section a periodof two (2) yearstherefrom.
for
Upon posting acceptance saidmaintenance
and of bondshallbe released.
bond,theperformance
28802
LAND DEVELOPMENT APPENDIX B
5. That the Developer furtheragrees conveyto theBoroughfor street
to andhighway
purposes of the landslying in thebedsof all of the streets forth
all set on saidmapor plans.The
Developer by
shallconveyin writing by deedor easement maybe specified the approval
as all
drainage,stormand sanitarysewers, sidewalkeasements, or sight
conservation trail easements,
easements otherpublic areas the Boroughor to the Countyof Somerset,
and to whenrequested
by theBorough, asshownon said
all maps plans.
or
6. That the Developer by
furthercovenants agrees all buildingserected it on
and that
the saidtract,to which this Agreement applies reference,
by shallbe constructed equipped
and
strictlyin accordance all conditions approval the PlanningBoardandthe provisions
with of by
of all ordinances,resolutions,rules and regulations the Borough,the PlanningBoard,the
of
Board of Health, and any State,Boroughor County Department agency,relating to the
or
of
construction equipment buildings.
and
7. That the Developer agrees keepany streets,
to whether or
Boroughsheets streets
underconstruction, usedby trucks or equipment the Developeror his agents,
of broomclean
and also agrees use every effort to lay approved
to materialto preventdust from blowing on
otherhouses the Boroughduringexcavation construction the development.
in and of Shouldthe
Developer or neglectto do eitheras stated this Paragraph,
fail in upon twenty-four(24) hours
written notice from the BoroughEngineer, informing it of failure to do so, and then further
neglects, Boroughmay
the performsuchwork andDeveloper agrees reimburse Borough
to the
for same. This Paragraph not intended relievethe Developer duties
is to of or obligations under
any existingmunicipalordinance is ratherintended providean additionalremedyto the
but to
Borough to permittheBorough recover costsof suchcorrective
and to the work. This Paragraph
shallalsoapply to the removalof snowandice from any streetor roadwayconstructed the by
Developer which is opento the public but which hasnot beenaccepted the Borough.Any
by
Developer permittingdirt, dust,debris,mud, rock or similar materialto accumulate remain
or
upon any Boroughstreetshall remainsubjectto a citation returnable municipalcourt for
in
violationof appropriate municipalordinances.
8. Thatthe Planning BoardandBorough to
Councilagree approve, whenrequestedto
do so, any necessarymapsor deedsfor the purpose filing in the
of Somerset CountyClerk's
Office, provided that the Developeris then in compliancewith all the requirementsand
provisions this Agreement applicable
of and of
ordinances statutes the conditions any
and and
approvals thePlanning
by Boardthenapplicable.
9. That the Developershall provide, for the use of all personsemployedin the
construction all of the aforesaid
of improvements, easilyaccessiblewater closetsandportable
(24) hoursof thetime work has
within twenty-fonr
toilets.Suchtoilet facilitiesshallbe installed
been commenced, their useshallbe terminated
and uponapproval the Boardof Healthwithin
of
twenty-four(24)hoursof thetime work hasbeen completed'
to
10. That the Boroughagrees authorize Official of the
and direct the Construction
Boroughof Watchungto issuebuilding permitsfor the erectionof dwelling units or other
structures lots or the site shownon the applicable
on portion of said mapsor plansupon the
compliance the Developer
by with all the termsandconditions and
hereincontained contained
28803
BOROUGH OF WATCHT]NG CODE
in the termsof preliminaryand final subdivision approvalor preliminaryand final site plan
approval, includingapplicable ordinances, The Developershall provide
rulesand regulations.
and file with the BoroughEngineertwo (2) completesetsof as-builtimprovement plansand
profiles, printsandone(1) setof black-on-white
one(l) setof translucent paperprints,showing
actual as
construction, approved, prior to release performance
of guarantees.
ll. That it is furtheragreed between partiesheretothat the final approval the
the by
Boroughof stormand sanitarysewers connections drainage
and and easements,roadways and
otherpublic improvements a
shall constitute dedicationthereofto public useunlessotherwise
providedin the resolutionof the PlanningBoard and that the ownershipand title theretois
thereaftervested the Borough, shallbe confirmed deedor otherrecorded
in and by instrumentto
theBorough to theCountyasappropriate.
or
12. That before commencingconstruction,the Developer shall deposit with the
BoroushClerk the sum of $ (Initial depositof $ ) for
services be rendered the BoroughEngineeror his
to by authorizedrepresentatives other
or
approving authorityin connectionwith inspection the improvement the Developer's
of of tract,
anda charge 1.6timesthe employee's
of or
hourlyratefor the BoroughEngineer as established
by ordinance otherindividualswill be charged
for against saiddeposit. of
Upon completion all
improvements release any maintenance
and of bondsor escrows, Boroughshallreturnto the
the
the
Developer unused portionof anypreviously deposited inspectioncostsandfees.In theevent
the inspection costsandfeesexceed amount
the the
deposited theDeveloper, Developer
by shall
be required submitpayment the Boroughfor saidadditional
to to costsandfeesprior
inspection
to the releaseof any maintenance bonds and escrows.Inspectionservicesof the Borough
whether the BoroughEngineer,and/orBoard of Health shall comprise, in no way be
by but
limitedto:
of construction other inspections may be
a. Inspections road and drainage and as
of
required theBorough theenforcement its standards.
by in
in
construction saiddevelopment:
sewer
b. As to sanitary
(1) Reviewandapproval plansandspecifications;
of
(2) Inspection duringsaidconstruction;
services
and infiltration tests' following
(3) Costs of laboratory,pipe, leakage,
to compliance theBorough
construction enforce with sanitary sewer standards.
13. That the Developer herebygiven the right andprivilegeto transfertitle to said
is
tractto thenameof any individualor corporation, saidnew ownershallhavethe rightsand
and
obligation affordedby this Agreement, the right to transfertitle to all or part of the lands,
and
subjectto the rights and obligationsimposedon the Developerby this Agreementand the terms
of its preliminary final subdivision siteplanapproval. is understood agreed
and or It and that,as
partof thetransfer title, the grantee
of mustagree be boundby all of the termsandconditions
to
of this Agreement. Upon requestthe Borough shall be provided with an assumption of
28804
LAND DEVELOPMENT APPENDIX B
obligation signedby suchgrantee. the eventthat the Developer
as In hereunder sells,
transfers,
or assigns to lessthanthe entireproject,the grantee(s) any portionthereofshalleachbe
title of
liable in full to completethe obligationsof the Developerhereinwhethersuchobligationsrelate
to the portiontransferred, sold, or assigned to any otherportion of the projectunlesssuch
or
granteesecures a releasefrom the Boroughfor the obligationsrelating to the portion not
transfened, soldor assigned grantee
to prior to the transfer,sale,or assignment.
and hereto follows:
between parties
14. Thatit is furtherunderstood agreed the as
a. The Developerwill complywith the Revised Boroughof
Ordinances,
General
and ordinances;
Watchung all otherapplicable
agrees placeall utilitiesunderground.
b. Developer to
c. Roadexcavation gradingoperations
and shallbe underthe directsupervisionof
a licensed professionalengineer thatrainfallrun-off will not
so problems
createserious
of erosion,flooding or the deposition mud and debrison abuttingproperties.
of Said
engineershall advisethe BoroughEngineerof the measures be taken which will
to
afford this protection.
d. Connections existing sanitarysewersshall be pluggedat the start of
to
and shall not be opened
construction a
until the line has passed leakage test and has
beeninspectedand approved the Sewerage
by Authority Engineeror his authorized
agent.
e. Where requiredby the Construction Official and Borough Engineer,a site
developmentplan shall be submittedbeforeissuance a building permit in orderto
of
insure means ingress egress property
adequate of and to topography.
with extreme
f. The Developer shall,for a periodof one(1) yeu afleracceptance the public
of
improvements hereinafter forth, insurethat all deadtrees
as set on any public right-of-
waywithin saiddevelopment be removed.
shall
C. No building permitswill be issuedor impervioussurface(excludingcurbs)
until all detention
shall be constructed facilities and drainage are
improvements fully
and
constructed operational.
h. No constructionvehicle or equipmentshall park on or utilize, exceptin coming
to or going from the site, any existingBoroughstreetunlessrequiredto do so by the
approved plansor unless otherwise provided theResolution Approval'
in of
15. That the BoroughEngineershall direct the Developerwhen to install the final
wearingsurface the final pavement will determine approximate
of and the datewhenthe same
shallbe taid. Said work to be completed the Developer
by within thirty (30) daysof the date
BoroughEngineer directsthe Developer install said surface,
to weatherpermitting. Such
directionshallnot constitute by
of theimprovements theBorough.
acceptance
28B05
BOROUGHOF WATCHUNGCODE
16. Thatdrainage gradingshallbe asfollows:
and
a. All springs wateremanating
or therefrom available
shallbe pipedto the nearest
storm seweror as otherwise forth in the approved
set plansin a mannerapproved in
writingby theBorough Engineer.
b. Water from drivewaysumpsand basement sumppumpsshall be piped to the
existingstormdrains,and wheresuchdrainsdo not exist, new drainsshallbe
nearest
constructed such points and in such manneras may be directedby the Borough
at
Engineer.
c. The Developerwill insurethat all lots andotherareas saiddevelopment
in will
be properlygradedand properly drainedand will in this regardobey all reasonable
instructions theBorough
of Engineer relating thereto.
d. The Developershall also seeto it that no stumps,dead trees or debris are
depositedupon or be permittedto remainupon any portionsof said developmentnor
uponthe undeveloped deadtreesor debrisbe deposited
portion,nor shall any stumps,
belowthesurface theearth.
of
e. In the eventthat any drainageproblemshallbe created adjoiningproperties
on
by development this subdivision site,corrective
of or measuresshallbe providedwithin
the arealimits of the subdivisionor site, at suchplacesand in such manneras the
Borough Engineer mayapprove.
will in
f. TheDeveloper removesilt deposited theBorough's stormsewers,brooks
andcatchbasins otherdrainage
or resulting
areas, from the washdown of soil or debris
in the courseof the construction.
Any reasonable instructionsgiven by the Borough
Engineer prevent
to suchwashdownshallbe promptly carriedout.
17. That within two (2) years from the date of commencement site work the
of
Developer shallcomplete the satisfaction the Borough
to of andthe BoroughCouncil
Engineer
all improvements requiredby the Planning
as by
and as imposed
Board,the BoroughEngineer
thisAgreement unlesssuchtimelimit is extended theBorough
by Council,
shallappointa job superintendent,
18. That the Developer whosename,homeaddress
andphonenumbershall be furnished the BoroughEngineer;
to and no work, otherthan sales,
or his
shallbe performed the subdivision on the site by the Developer, agents,
in employees,
servants sub-contractors
or betweenthe hours of 6:00 p.m. and 7:00 a.m. Monday through
and
Saturday all daySunday.
19. That this Agreement contains entireagreement
the between partiesheretoand
the
no statement,promiseor endorsement madeby any party hereto,or agentof any party hereto,
which is not containedin this written contractor the instrumentsincorporatedherein by
reference,shall be valid or binding; and this Agreementmay not be enlarged,modified or
28B06
LAND DEVELOPMENT APPENDIX B
thereon. Nothinghereinshallbe
alteredexceptin writing, signedby the partiesandendorsed
deemeda waiver of other existing municipal constructionrequirements any conditions
or
in
contained theResolution Approval.
of
20. That this Agreementshall inure to the benefit of and be binding upon the
and of parties
successors assigns therespective hereto.
21. It is understood agreed the obligations
and that imposedupontheDeveloper under
the within agreement an against Boroughof Watchung
shallnot constitute estoppel the Planning
Boardor the BoroughCouncilnor relievetheDeveloper from Complyingwith all otherfederal,
county,andlocal requirements.
state,
22. Prior to the commencement site work, the Developershall meet with the
of
conference discussthe anticipatedconstruction
BoroughEngineerfor a pre-construction to
procedures construction, anyparticular
schedule, of and requirements theEngineer.
of
23. The Borough,its consultants, employees agentsshall be given free access
and to
observeconsffuctionof roads,sanitarysewefs,water mains,stonn sewers,landscaping for
buffer areasand appurtenances associatedwith the approvedplat. The purposeof such
observations shall be limited to providingthe Boroughwith an opportunityto determine that
suchimprovements be constructed accordance
wilt in with approved
the Developer's submittals.
The Boroughor its representatives, employees agents
consultants, or direct
shallnot supervise,
or havecontrolover the Developer's work during suchobservations as a resultthereof,
or nor
shalltheyhaveauthorityoveror responsibility themeans,
for methods,techniques,sequences or
procedures constructionselected
of by the Developer,for safety precautions and plograms
incident to the work of the Developeror for any failure of the Developerto comply with
applicablelaws,rules,regulations, or
codes orders'
ordinances,
The Developershall hold harmless, indemnify and defendthe Borough,its
consultants,
representatives, and
employees agents from any andall liabilities,claims,lossesor
damage of the improvements
arisingor allegedto arisefrom the construction includedin the
relevantapproval not includingsuchliabilities,claims,losses damage
but or arisingfrom the
solenegligence theBorough, representatives,
of its and
employees agents.
consultants,
The Developer shall purchaseand maintain during constructionof said
improvements Comprehensive
a General Liability Insurance Policy with minimum limits of One
Million ($1,000,000.00) Dollars per occurrence One Million ($1,000,000.00)
and Dollars
aggregate. The coverageshall include endolsements Broad Form Property Damage;
for
explosion, collapse,and underground hazards; completed and
operations; conffactual liability.
The contractual liability coverage shall specifically apply to the aboveindemnification clause.
All liabilitycoverages be on anoccurrence
shall basis.
coverageshall be
Certificatesof Insuranceevidencingthe above-referenced
to
provided theBorough begins'
beforework on theimprovements
28807
BOROUGHOF WATCHI]NG CODE
24. This Agreement intended govemapproved
is to development within the Borough
whethersuchapprovalwas in the form of preliminaryand/orfinal major subdivisionand/or
preliminaryand/orfinal site plan, and suchtermsare to be freely substituted eachother
for
the
where context andthenahre of theapFovals require.
and
IN WITNESS WIIEREOF, the Borough Developer havecaused thesepresents
to
be signed attested their respective
and by corporateofficersandtheir respective seals
corporate
to be affixedheretothe day andyearfirst abovewritten.
ATTEST: BOROUGHOFWATCHUNG
BY:
Boroueh Clerk Mayor
ATTEST:
BY:
28808
LAND DEVELOPMENT APPENDIX B
STATEOF NEW JERSEY
COUNTYOF SOMERSET
I certify that on personally
that:
underoathto my satisfaction
camebeforeme andsheacknowledged
a
(a) she is the BoroughClerk of the Boroughof Watchung, municipal
corporation the Stateof New Jersey
of to
witness the
andis the attesting
signingof this Document
by whois
theMayorof theBorough;
of
(b) the signingof this Document authorized a properresolution the
was by
Borough;
and
(c) thesealof theBorough affixedto thisDocument;
is
facts.
(d) shesigned Acknowledgment attest thetruthof these
this to to
Swornandsubscribed before on
to me
this- dayof -,
NotaryPublic
28809
BOROUGHOF WATCHUNGCODE
STATEOFNEWJERSEY )
) ss:
couNTYoF )
I CERTIFY that on -, PersonallY came
before andthisperson
me, that:
underoath,to my satisfaction,
acknowledged
(a) this personis the Secretaryof
the Corporation namedin this document;
(b) this personis the attestingwitnessto the signingof this document
by the propercorporate officer who is
of
thePresident the corporation;
(c) this document as
was signedand deliveredby the corporation its
voluntaryact duly authorized a
by of
properresolution its Boardof
Directors;
(d) this personknows the proper seal of the corporationwhich was
affixed to this document;
facts;and
signed proofto attest thetruthof these
(e) thisperson this to
(0 paid
the full and actualconsideration or to be paid for the transfer
of title to reality evidencedby the within deed, as such
consideration definedin P.L. 1968,c. 49, sec.a(c),is OneDollar
is
($1.00).
Signedandswornto beforeme on
this - day of
28B10
APPENDIXC
(Section
28-807G)
PERFORMANCE AGREEMENT
KNOW ALL MEN BY THESE PRESENTSthat
located at is heldand
firmly boundunto the BOROUGHOF WATCHUNG IN TIIE COUNTY OF SOMERSET, A
MUNICIPAL CORPORATION the State of New Jersey,as Obligee,in the sum of
of
$_ lawful moneyof theUnitedStates America,to be paidto the saidObligee,
of its
certainattorney, or assigns, whichpayment,
successors for the
well andtruly made, saidObligor
and
bindsitself,its successors assigns, firmly by thesepresents.
is by: Bond of
This Asreement secured the Performance
Bond No. dated 20_ in the
amountof $ andthe cashdepositof $
WHEREAS, the Obligor has received land development approval
for Lot -, Block andpursuant the
thereto Planning Boardof the Boroughof
Watchung requiredthe installationof certainimprovements, more fully set forth in its
has as
land development resolution,the Borough of Watchungland development ordinancesand
certain Certification, dated 20-, by RichardW. Moody,P.E.includingsoil
erosionand sedimentcontrol, stormwater management, work, lighting, sanitarysewer,
site
landscaping certainotherrequirements, copy of
and a saidmemorandum being attachedhereto
andmadea part hereof.
WHEREAS,a conditionof the saidfinal approval of
and the issuance a Certificateof
Occupancy is that this Agreementbe given to guaranteethe completion of the above
in
improvements accordance with all applicable and
standards
rules, regulations,
ordinances,
specifications the Boroughof Watchung to the satisfaction
of and of the BoroughEngineeron
or beforethedatespecifiedherein.
NOW, TIIEREFORE,the conditionof this obligationis suchthat if the above-named
Obligor shallwell and truly commence,makeandcomplete aforesaid
the on
improvements or
before to the satisfaction of the Borough
Engineer and in stnct accordancewith all applicableordinances, rules,regulations, standards
and specifications the Boroughof Watchung,
of then this Agreement shall be null and void,
otherwise remain full forceandeffect.
to in
In the eventthe aforesaidimprovements not fully completed
are within the time period
indicated hereinand to the satisfaction the Borough
of Engineer, Obligor herebyauthorizes
the
the Boroughof Watchung utilize so muchof the securitydeposited
to herewithto complete all
of the saidimprovements accordance applicable
in with ordinances, rules,regulations,standards
andspecifications the Boroughof Watchung. the eventthe costof completing
of In is
same less
than the amountdeposited herewith,any suchexcess funds shall be returnedto the Obligor.
However, the eventthe costof completing
in saidimprovements exceeds amountdeposited
the
herewith, Obligor shall be liable
the to the Boroughof Watchung any suchexcess his
for and
obligations underthe within Agreement in full forceandeffectuntil full payment
shallcontinue
is made.
28C01
BOROUGHOF WATCHUNGCODE
In the event that Obligor defaults under its obligations as set forth herein, Obligor
authorizes the Obligee to deduct from the sums posted to secure performance hereunder the
reasonable Court costs and attorneys'fees incurred by Obligee as a result of such default. In the
event the said Court costs and attorneys'feesexceedthe amount depositedherewith, the Obligor
shall be liable to the Obligee for any such excess and Obligor's obligations under the within
Agreement shall continue in full force and effect until fulI payment is made.
Signed,sealedand deliveredthis - day of 20_
Witness
By:
STATEOF NEW JERSEY )
) ss:
COUNTY OF SOMERSET )
that
Be it Remembered, on this _ day of 20 beforeme
the subscriber,personallyappeared who, being by me duly
swornon oath,deposes makes
and that
proof to my satisfaction, - is the Secretary
named the within Instrument;
of the Corporation in that is the
Presidentof said Corporation; that the execution, as well as the making of this Instrument has
been duly authorized by a proper resolution of the Board of Directors of the said Corporation;
that deponentwell knows the corporateseal of said Corporation;and that the seal affixed to said
Instrument is the proper corporate seal and was thereto affixed and said Instrument signed and
delivered by said President as and for the voluntary act and deed of said Corporation, in the
presence deponent,
of who thereuponsubscribed name as
hereto attesting witness.
Sworn to and subscribed
beforeme, the date
aforesaid.
28C02
APPENDIX D.2
CHECKLISTS
of
Borough Watchung
A. Variance Application Checklist - Details Required for Variance Application
Note: See the WatchungBoroughLand Development Ordinancefor further detailsof
requirements procedures.
submission and (Section28-802C)
Item # Provided Not Waiver Item of Information Required
Relevant Request
I Application form(s) and checklist(s)(20 copies)
) Application and escrowfees
3 Sketch plats or plans (20 copies) or related material
outlining the location, nature and extent of any variance(s)
reouested.
4 Key maDat 1" equal not more than 400'
5 Title block.
6 Name, title, addressand telephonenumber of applicant
7 telephone
Name,title, address, number,licensenumber,
sealandsignature the professional professionals
of or who
prepared plator plan,if applicable.
the
E Name, title and address the owner or ownersof record.
of
9 Scale(written and eraphic).
l0 Date of original preparation and of each subsequent
revisionthereofand a list of specificrevisions on
entered
each sheet.
ll North arrow,
t2 Names and addresses partners or stockholdersrequired
of
bv Ordinance.
13 Affidavit of ownership.
t4 Acreage figures (both with and without areaswithin public
rishts-of-wav).
15 Approvalsignature lines.
t6 Existing block and lot number(s) of the lot(s) as they
appearon the Borough Tax MaP.
t7 Tract boundaryline (heavy solid line).
18 The location of existing and proposed property lines,
streets,structures(with their numerical dimensionsand an
indication as to whether existing structureswill be retained
or removed), parking spaces,loading areas,driveways,
watercourses, railroads, bridges, culverts, drain pipes, any
natural features such as treed areas, both within the tract
and within fifty (50) feet of its boundary'
19 The location and width of all existing easementsand
rishts-of-way.
20 Zoning district(s) affectingthe tract,including district names
and all area and bulk requirements, with a comparison to
the proposed development.
2l Proposedbuffer and landscaped areas.
28D11
LAND DEVELOPMENT APPENDIX D-2
B. Informal Apptication Checklist - Details Required for Informal ReviewApplications
Note: See the WatchungBoroughLand Development Ordinancefor further detailsof
requirements procedures.
submission and (Section 28-802D)
Item # Provided Not Waiver Item of Information Required
Relevant Request
1 Application form(s) and checklist(s) (15 copies)
) Application and escrowfees
3 A letter from the applicant to the Borough Planning Board
outlining the proposeddevelopmentplans.
4 Certification that Droperty tax payments are current.
Currentpropertyboundarysurvey.
6 Sketch Plat or Plan(s) (15 copies), clearly and legibly
drawn at a scale appropriate for informal review on
24"x36" standardsheet sizes with a clear perimeter border
at least 1/2" wide.
7 Title block with name of the projecVdevelopment, Borough
of Watchung, SomersetCounty, NJ, with each sheetspeci-
fically titled with appropriately descriptive words, with a
notationreading,"Informal Plat (or Plan) for Review."
I Scale(written and graphic).
9 Tax mapsheet of
andexistingblock and lot number(s) the
lot(s)to be subdivided developed
or on
as they appear the
Tax
Borouqh Map.
10 Tract boundaryline (heavy solid line).
tl All adiacentblock and lot number(s).
t2 Intent for water supply and sewage featment.
13 Key mapat scaleof 1" equals morethan400'showing
not
locationof the to
projectsite with reference surrounding
properties, streets, zoning districts and municipal
boundarieswithin 500'.
t4 Total acreageof project site with and without area to be
dedicatedas public rights-of-way.
l5 Name, title, address,telephonenumber and signatureof the
owner(s)of record.
t6 Name, title, addressand telephonenumber of applicant(s)
I7 North anow with deed or filed map reference.
18 General location of all existing and proposed streets,
structures,driveways,parking areasand sidewalks.
19 Existing property site contoursbasedon United States
GeologicalSurveydatumwhereappropriate.
20 General location all existingandproposed
of rights-of-way
andeasements the
within andadjoining tract.
2l Delineationof any existing deedrestrictionsor covenants'
)', General location of all watercourses,ponds, lakes, rivers,
streams, brooks, wetlands, wetland transition areas and
buffers, flood hazard areas,steepslopesover 307o,wooded
areas and other environmentally sensitive areas on and
within 200' of the proiect site.
28D13
BOROUGHOF WATCHUNGCODE
Item # Provided Not Waiver Item of Information Required
Relevant Request
23 Location and acreageof all land, rights-of-way and/or
easements reserved or to be dedicatedto public use
for
and/orall openspacearq$.
24 Zoning districts and location of zoning boundaries;table of
bulk requirements including lot area, width at street line
and setback, front, rear and side yard setbacks, building
and lot impervious surface coverage and variances and/or
waiversrequired.
Signatureand title of personpreparingthe checklist Date
28Dt4
LAND DEVELOPMENT APPENDIX D-2
C. Minor Application Checklist - Details Required for Minor Subdivision Plats and
Minor SitePlans(Section
28-803)
Note: See the WatchungBoroughLand Development Ordinancefor further detailsof
submissionrequirements procedures.
and
Item # Provided Not Waiver Item of Information Required
Relevant Request
I LandUseApplication (18
form(s)andchecklist(s) copies).
., RequiredUse or Bulk VarianceApplicationform(s) and
(18
checklist(s) copies).
3 Application and escrow fees.
4 Certificationthat the applicantis the ownerof the land or
his/her properly authorizedagent,or that the owner has
givenhis/her consent underanoptionagreement.
5 is
If the applicant a partnership a corporation, names
or the
and and
addresses all partners, the names addresses
of or of
all stockholders owningten percent(10%)or moreof any
classof stock of the corporation requiredby N.J.S.A.
as
et
40:55D-48.1 seo.
6 Certificationfrom the BoroughTax Collector that all taxes
andassessments paid to date.
are
Proof of Public Sanitary Sewer and Public Water utility
capacity to the subdivision and/or site plan from the
approving Authority. A sanitary sewer capacity allocation
and connection or collection system extension approval
Resolution to serve the proposed development must be
obtained from the Borough of Watchung governing body.
A Water Main Extension Agreement or Will Serve Letter
must be obtainedfrom the Water Utility Company. (Where
the need for off-tract public sanitary sewer andlor water
utility service improvements are created by the proposed
subdivision or site plan, the Applicant shall, as a condition
of Application completeness and at the Applicant's sole
expense,obtain all lands and/or easementslocated outside
the development property boundaries. Such lands and/or
easements, upon completion and acceptanceof the off-
tract utility improvements shall be dedicated to the
Borough of Watchung and/or Water Utility Company.)
I RequiredUse or Bulk Variance Applications
9 Property
Current Survey.
Boundary
10 Copy of Property Deed and all protective covenants,
and/or deedrestriction (18 copies).
easements
11 Soil Movement Application and fee submitted to
of
DeDartment Engineering.
L2 Tree Removal/TreeReplacementApplication and fee
submitted the Depar$nent Engineering.
to of
t3 Plats or plans (18 copies) signed and sealedby a N.J.P.L.S'
or N.J.P.E., as required, and folded into eighths with the
title block revealed.
28D15
BOROUGHOF WATCHUNGCODE
Item # Provided Not Waiver Item of Information Required
Relevant Request
t4 Scale 1" equals morethan30'for minor subdivision
of not
platsor l" equals morethan20'for minor siteplanson
not
24"x36"standard sheetsizeswith a clearperimeter
border
at leastl/2" wide.
15 Key mapat scaleof 1" equals morethan400'showing
not
locationof the project site with reference surrounding
to
properties, streets, zoning districts and municipal
boundaries within500'.
16 Title block in accordance with the rules governing "title
blocks" for professional engineers (N.J.S.A' 45:8-36),
includine items 17-19 below.
t7 Name of the project/development,Borough of Watchung,
Somerset County, NJ, with each sheet specifically titled
with appropriately descriptive words.
18 Name, license number, signature, seal, address,telephone
number and fax number of the engineer, land surveyor,
planner and/or landscape architect, as applicable, who
preparedthe subdivisionor site plan.
19 Date of original preparation and date of each subsequent
revision on each sheet.
20 Name, title, addresstelephonenumber and signatureof the
owner(s)of record.
2l Name. title, address and telephonenumber of applicant(s).
a.j
Scale(written and praphic).
23 An Index Sheetshowing each sheet'slocation in relation to
the overall proiect and a list of attacheddrawings.
24 North arrow with deed or filed map reference.
25 ApprovalBlock: signature datelinesfor the Chairman
and
andSecretary the Boardandthe BoroughEngineer.
of
26 Acreage figures to the nearesttenth of an acre (both with
and without areaswithin public rights-of-way).
27 The names(s)and block and lot number(s) of all property
owners within two hundred feet (200') of the extreme
limits of the tract as shown on the most recent tax list
prepared the Borough Tax Assessor.
by
28 Existing tax sheetnumber(s) and existing block and lot
number(s) of the lot(s) to be subdivided developed
or as
they appear the BoroughTax Map, andproposed
on block
and lot number(s)as provided by the Borough Tax
AssessoruDon wdttenrequest.
29 Tract boundaryline (heavysolid line), any existing and
proposed subdivision propertyline(s) within the tract,
or
andtheexisting proposed
and number lots.
of
30 Zoning districts(s), including district names and location of
zoning boundaries within 200' of the tract; table of bulk
requirements including existing and proposed lot area,
width at street line and setback, front, rear and side yard
setbacks,building and lot impervious surfacecoverageand
variancesand/or waivers requested.
28D16
LAND DEVELOPMENTAPPENDX D-2
Item # Provided Not Waiver Item of Information Required
Relevant Request
31 Location of all watercourses, ponds, lakes, rivers' streams,
brooks, wetlands, wetland transition areas and buffers,
flood hazard areas, steep slopes over 30%, wooded areas
and other environmentally sensitive areas on and within
200'of the project site. A Letter of Interpretation (LOI)
from the New Jersey State Department of Environmental
Protection shall be submitted for all delineatedwetlands.If
there are no delineated wetlands, the applicant shall
provide a wetlands site evaluation prepared by a qualified
individual or firm.
32 Proposedbuffer and landscapedareasand the location and
identification of existing vegetationwith an indication as to
whether it is to remain or be removed. The location and
species of all existing individual trees or groups of trees
having a caliper of four inches (4") or more measuredfour
and one-half feet (4'-6") above the ground level shall be
shown within the portion(s) of the tract to b€ disturbedas a
result of the proposed development, indicating which trees
are to remain and which are to be removed.
33 Where a septic system is proposed,the date of approval by
the Borough Board of Health of site evaluation tests'
certified by a licensed professional engineer, indicating
that the proposed lot(s) can adequately accommodatea
septic system. The location(s) of the test hole(s) and
borings, soil logs, proposed location of the septic disposal
areas, test results, soil types and percolation rates and
compliance with the "Individual SewageDisposal Code of
New Jersey" or applicable Borough Board of Health
Ordinances, whichever may be more restrictive, shall be
shown on the plat and certified by a licensed professional
engtneer.
34 Whena stream proposed alteration,
is for improvement or
relocation wherea drainage
or structure fill is proposed
or
over,under,in or along a runningstream, reporton the
a
status reviewby the StateDepartment
of of Environmental
Division of WaterResources,
Protection, shall accompany
thesubmission.
35 Cross-sectionsevery 50' of water courses and/or drainage
swales at an approximate scale showing the extent of the
flood plain, top of bank, normal water levels and bottom
elevations.
36 The location and extent of drainage and conservation
easements streamencroachment
and lines.
37 The location, size, direction of flow and typs of adequate
drainage provisions to reasonably reduce and minimize
exposureto flood damage.
38 Existins and proposedcontoursat two-foot intervals.
39 Soil Erosion and Sediment Control Plan as required by
N.J.S.A. 4:24-39 el seq.; in accordancewith the Somerset
Countv Soil ConservationDistrict.
28Dr7
BOROUGHOF WATCHUNGCODE
Item # Provided Not Waiver Item of Information Required
Relevant Request
40 Location of all existing/proposedprincipal and accessory
structuresand their uses, both within the tract and within
one hundred feet (100') of its boundary, showing existing
and proposed front, rear and side yard setback distances
and an indication of whether the existing structures and
useswill be retainedor removed.
4l The location of existing and proposed property lines (with
bearings and distances), streets, structures (with their
numerical dimensions and an indication as to whether
existing structures will be retained or removed), parking
spaces, loading areas, driveways, watercourses, bridges,
culve(s, drain pipes, any natural features such as treed
areas, both within the tract and within one hundred feet
(100) of its boundary.
42 Concerningminor site plans only, lighting details, sign
details, circulation and parking details and drainagecalcul-
ations and proposeddrainageimprovementsand details.
43 All dimensions necessary to confirm conformity to the
Land Development Ordinance such as the size of the tract
and any proposed lot(s), the number of lots being created,
structure setbacks, structure heights, yards and building
and lot coverages.All tract and lot sizes shall be expressed
in acres and square feet and shall include bearings and
distances.
44 No minor subdivision or minor site plan involving any
stree(s) additional righrof-way width as specified in the
Master Plan or Official Map and the street requirementsof
this Ordinance shall be approved unless such additional
right-of-way, either along one (l) or both sides of said
street(s),as applicable, shall be granted to the Borough of
Watchungor other appropriategovernmentalagency'
45 Stormwater Management Plan containing the existing
system of drainage and the delineation of any larger tract
or basin of which it is a part. The location, tyPe, size of all
existing and proposed stormwater inlets, stormwater
facilities, stormwater lines and any additional information
as may be required by Section 28-604. Include drainage
areamaD,calculationsand written narrative.
46 suchas water
The locationand sizeof existingstructures
and sewermains,valves,hydrants,utility structures,gas
transmission andhigh tension
lines powerlineson the tract
andwithintwo hundred (200')of its boundaries.
feet
47 No minor subdivision or minor site plan involving any
corner lot shall be approved unless a sight triangle
easement shallbe granted.
48 The names,location and width of all existing and proposed
easements and rights-of-way, the use(s) for which they are
intended to be limited, the manner in which the easements
will be controlled, and to whom they are granted on and
within 200' of the tract.
28D18
LAND DEVELOPMENT APPENDX D-2
Item # Provided Not Waiver Item of Information Required
Relevant Request
49 Proposedpermanentmonumentsshall be shown in
accordancewith the Map Filing Law, N.J.S.A.46:23-9.9.
(Minor Subdivision
onlY)
50 Steep Slope Analysis; Steep slope categorieson site shall
be delineated through the use of diagonal and cross
hatched lines with a key provided on the appropriatesheet
and a calculation of the permitted total impervious surface
coverage.
51 or
List of municipal,County, Stateor Federalapprovals
permits required
<) Spot and finish elevations at all property corners and
existing or proposed'
cornersof all structures,
Note:The Boardreserves right to requireadditional
the information beforegranting preliminary
approval when unique circumstancesaffect the tract and/or when the application for
divelopment poses specialproblems the tractandsurrounding
for area,provided, however, that
no applicationshallbe declaredincomplete the lack of suchadditionalinformation.
for
Signature title of person
and the
preparing checklist Date
28D19128D20
LAND DEVELOPMENT APPENDTX D -2
D. Preliminary Major Application Checklist- Details Required for Preliminary Major
SubdivisionPlatsand PreliminaryMajor SitePlans(Section
28-804)
Note: See the WatchungBoroughLand Development Ordinancefor further detailsof
submissionrequirements procedures.
and
Item # Provided Not Waiver Item of Information Required
Relevant Request
I LandUseApplication (18
form(s)andchecklist(s) copies).
, RequiredUse or Bulk VarianceApplicationform(s) and
(18
checklist(s) copies).
1 Application and escrow fees.
4 Certificationthat the applicant the ownerof the land or
is
his/herproperlyauthorizedagent,or that the owner has
givenhis/her consent underanoptionagreement.
J If the applicant a partnership a corporation, names
is or the
andaddresses all partners, thenames addresses
of or and of
all stockholders owningten percent (10%)or moreof any
classof stock of the corporation requiredby N.J'S.A.
as
et
40:55D-48.1 seq.
6 Certificationfrom the BoroughTax Collectorthatall taxes
andassessments Daidto date.
are
7 Proof of Public Sanitary Sewer and Public Water utility
capacity to the subdivision and/or site plan from the
approving Authority. A sanitary sewer capacity allocation
and connection or collection system extension approval
Resolution to serve the proposed development must be
obtained from the Borough of Watchung governing body.
A Water Main Extension Agreement or Will Serve Letter
must be obtained form the Water Utility Company. (Where
the need for off-tract public sanitary sewer and/or water
utility service improvements are created by the proposed
subdivision or site plan, the Applicant shall, as a condition
of Application completeness and at the Applicant's sole
expense,obtain all lands and/or easementslocated outside
the development property boundaries. Such lands and/or
easements, upon completion and acceptance the off-
of
tract utility improvements shall be dedicated to the
Borough of Watchung and/or Water Utility Company.)
8 Required Useor Bulk VarianceApplications.
9 Current Propefi Boundary Survey.
10 Copy of Property Deed and all protective covenants,
easements and/or deedrestrictions(18 copies).
11 Soil Movement Application and fee submitted to
of
Department Engineering.
t2 Tree Removal/Tree Replacement Application and fee
of
submittedto the DeDartment Engineering.
13 Plats or plans (18 copies) signed and sealedby a N.J.P.L.S.
or N.J.P.E., as required, and folded into eighths with the
title block revealed.
28D21
BOROUGHOF WATCHUNGCODE
Item # Provided Not Waiver Item of Information Required
Relevant Request
t4 Scale of 1" equals not more than 100'.for minor
subdivision platsor l" equals more than50'for minor
not
site plans on 24"x36" standardsheetsizes with a clear
perimeterborder least1/2"wide.
at
15 Key mapat scaleof l" equals morethan400'showing
not
locationof the projectsite with reference surrounding
to
properties, streets, zoning districts and municipal
boundaries within500'.
16 Title block in accordance with the rules governing"title
blocks" for professional engineers (N.J.S.A.45:8-36),
includingitemsl7- 19below.
t7 Name of the projecVdevelopment,Borough of Watchung,
Somerset County, NJ, with each sheet specifically titled
with appropriatelydescriptivewords.
18 Name,licensenumber,signature, seal,address, telephone
number and fax numberof the engineer,land surveyor,
planner and/or landscapearchitect, as applicable,who
orepared subdivision siteplan.
the or
19 Date of original preparation and date of each subsequent
revision on eachsheet.
20 Name, title, address, telephonenumber and signatureof the
owner(s)of record.
2l Name,title, address and telephonenumber of applicant(s).
)t Scale(written and graphic).
23 An Index Sheetshowing each sheet'slocation in relation to
the overall proiect and a list of attacheddrawings.
24 North arrow with deed or filed map reference.
25 Approval Block; signatureand date lines for the Chairman
and Secretary the Board and the Borough Engineer.
of
26 Acreage figuresto the nearesttenthof an acre(both with
and without areas within public rights-of-way) and a
comDutation the areaof the tract to be disturbed.
of
,,,f
The names(s)and block and lot number(s) of all property
owners within two hundred feet (200') of the extreme
limits of the tract as shown on the most recent tax list
oreoared the Borouqh Tax Assessor.
by
28 Existing tax sheetnumber(s)and existing block and lot
number(s) the lot(s) to be subdivided developed
of or as
they appear on the BoroughTax Map, andproposed block
and lot number(s)as provided by the Borough Tax
Assessoruponwrittenrequest.
29 Tract boundaryline (heavysolid line), any existing and
proposed subdivision propertyline(s) within the tract,
or
andtheexisting proposed
and number lots.
of
30 Zoning districts(s), including district names and location of
zoning boundaries within 200' of the tract; table of bulk
requirementsincluding existing and proposed lot area,
width at street line and setback, front, rear and side yard
setbacks,building and lot impervious surfacecoverageand
variancesand/or waivers requested.
28D22
LAND DEVELOPMENT APPENDIX D-2
Item # Provided Not lVaiver Item of Information Required
Relevant Request
31 Location of all watercourses, ponds, lakes, rivers, streams,
brooks, wetlands, wetland transition areas and buffers,
flood hazard areas, steep slopes over 30%, wooded areas
and other environmentally sensitive areas on and within
200' of the project site. A Letter of Interpretation (LOI)
from the New Jersey State Department of Environmental
Protection shall be submitted for all delineatedwetlands.If
there are no delineated wetlands, the Applicant shall
provide a wetlands site evaluation prepared by a qualified
individual or firm.
32 The location and speciesof all existing individual trees or
groups of trees having a caliper of four inches (4") or more
measuredfour and one-half feet (4!6") above the ground
level shall be shown within the portions(s) of the tract to be
disturbed as a result of the proposed development,
indicating which trees are to remain and which are to be
removed.
33 Landscapeplan at a scale no less than one inch equalsone
hundred feet (l'=100) for major subdivision and no less
than one inch equals thirty feet (1 "=30') for major site
plans. Important detail landscape areas within major
subdivision may be requestedat a scale of no less than one
inch equals thirty feet (1"=30'). The scale shall be in both
written and graphic form. The landscapeplan shall show:
Location, species and sizes of all proposed shade trees,
ornamental trees, evergreen trees, shrubs and areas for
lawns or any other ground cover; different graphic symbols
shall be used to show the location and spacing of shade
trees,ornamentaltrees, evergreentrees, shrubs and ground
cover; a plant scheduleindicating botanical name,common
name, size at time of planting (caliper, height and spread),
quantity, root condition and any special remarks (spacing,
substitutions, fall planting hazards, etc.) for all plant
material proposed with plants within the plant schedulebe
keyed to the landscapeplan utilizing the first letler of the
genus and species of the botanical plant name; planting
details and specifications; additional information required
bv Section28-6098.
34 Where a septic system is proposed,the date of approval by
the Borough Board of Health of site evaluation tests,
certified by a licensed professional engineer, indicating
that the proposed lot(s) can adequately accommodatea
septic system. The location(s) of the test hole(s) and
borings, soil logs, proposed location of the septic disposal
areas, test results, soil types and percolation rates and
compliance with the "Individual SewageDisposal Code of
New Jersey" or applicable Borough Board of Health
Ordinances, whichever may be more resftictive, shall be
shown on the plat and certified by a licensed professional
ensineer.
28D23
BOROUGHOF WATCHUNGCODE
Item # Provided Not Waiver Item of Information Required
Relevant Request
35 Whena stream proposed alteration,
is for irnprovementor
relocation wherea drainage
or structure fill is proposed
or
over,under,in or alonga runningstream, reporton the
a
status reviewby the StateDepartment Environmental
of of
hotection, Division of WaterResources, shall accompany
thesubmission.
36 Cross-sectionsevery 50' of watercoursesand/or drainage
swales at an approximate scale showing the extent of the
flood plain, top of bank, normal water levels and bottom
elevations.
37 The location and extent of drainage and conservation
easements streamencroachment
and lines.
38 The location, size, direction of flow and type of adequate
drainage provisions to reasonably reduce and minimize
exDosure flood damage.
to
39 Existine proposed
and contours two foot intervals.
at
40 Soil Erosionand SedimentControl Plan as requiredby
N.J.S.A.4124-39 seq.;in accordance
et with the Somerset
CounwSoilConservationDistrict.
4l Location of all existing/proposedprincipal and accessory
structuresand their uses. both within the tract and within
one hundred feet (100') of its boundary, showing existing
and proposed front, rear and side yard setback distances
and an indication of whether the existing structures and
useswill be retainedor removed.
42 The location,type and size of all existing/proposed
signs,fences,outdoorstorage
buildings,structures, areas,
trashreceptacle recycling
and including
areas details.
43 Sign details, shorvingexisting and proposedsigns, .location
on site, size, type of construction,lettering detail, proposed
illumination, if any, and proposed colors. Provide
calculations and design specifications to demonstrate
compliance.
44 All dimensionsnecessary confirm conformity to the
to
Land Development Ordinance suchas the sizeof the tract
and any proposedlot(s),the numberof lots beingcreated,
structuresetbacks,structureheights,yards and building
andlot coverages. hact andlot sizesshallbe expressed
All
in acresand squarefeet and shall include bearingsand
distances.
45 Lighting Plan showing the existing and proposed location,
height, direction of illumination, power and type of
proposedoutdoor lighting, including wall mounted lighting
fixtures. Provide separatebuilding security lighting plan.
Cut Sheet details of lighting poles, luminaries and the
hours and time of lighting shall be provided on all lighting
plans. Show the proposed light intensity at ground level,
measured in footcandles. Dimensioned manufacturers
lighting details and specifications including footcandle
distributionsshallbe provided.
28D24
LAND DEVELOPMENTAPPENDX D-2
Item # Provided Not Waiver Item of Information Required
Relevant Request
46 Existing and proposed street and lot layout, with
dimensionscorect to scale, showing that portion proposed
for developmentin relation to the entire tract, and existing
lot lines to be eliminated.
47 The location and design of any off-street parking or
loading area, showing size and location of bays, aisles and
barriers, curbing and paving specifications, including
schedules parking and loading calculations.
and
48 All means of vehicular ingress and egressto and from the
site onto public streets,showing the size and the location
of driveways, sidewalks,fire lanes and curb cuts, including
the possible utilization of traffic signals, channelization,
acceleration and deceleration lanes, sight triangle
easements,additional width and other proposed devices
necessaryto prevent a difficult traffic situation.
49 Proposed on-site vehicularand pedestrian circulation
Datterns.
50 StormwaterManagementPlan containing the existing
of
system drainage and the delineation any largertract
of
or basin of which lt ls a part. lhe locatlon, type, slze or all
existing and proposed stormwater inlets, stormwater
facilities, stormwaterlines, and any additional information
as may be required by Section 28-604. Include drainage
area map, calculations and written narrative.
51 The locationand sizeof existingstructuressuchas water
and sewermains,valves,hydrants,utility gas
structures,
transmission andhigh tension
lines powerlineson thetract
andwithintwo hundred (200')of its boundaries.
feet
<7 Plans, typical cross sections and construction details,
horizontal and vertical alignments of the centerline of all
proposedstreetsand of all existing streetsabutting the tract
including street names as required by Ordinance. Road
plans and profiles shall be submitted. The horizontal scale
for plan and profile shall be l"=20'. The vertical scale of
the profile shall be l"=5'. The profile shall be shown
directly under the plan and if the spaceon the sheetpermits
it, two sections of plan and profile may be shown on the
same sheet.Drawings are to be on 24" x 36" or 30" x 42"
sheets. The plans of the road shall show the center line,
right-of-way lines, stations of beginnings and ends of
curves, curve data,50 feet station points, equationsof
stationing, streams, culverts, roads and driveways on or
near the right-of-way, utility poles, trees, buildings and
other obstructions within the right-of-way, houses, and
buildings within 50 feet of the right-of-way, property
division lines and names of adjoining property owners' All
construction under streetssuch as water lines, gas, electric
and cable lines, sanitary sewers and storm sewers,shall be
shown on both plan and profile.
28D2s
BOROUGHOF WATCHUNGCODE
Item # Provided Not Waiver Item of Information Required
Relevant Request
53 The names,location and width of all existing and proposed
easements and rights-of-way, the use(s) for which they are
intended to be limited. the manner in which the easements
will be controlled, and to whom they are granted on and
within 200' of the tract.
54 The proposedpermanent monuments shall be shown in
accordance theMap Filins Law, N.J.S.A.
with 46:23'9.9.
55 Environmental Impact Statement(when required by
Board).
56 Traffic Impact Statement(when required by Board).
58 Steep Slope Analysis; Steep slope categorieson site shall
be delineated through the use of diagonal and cross
hatchedlines with a key provided on the appropriatesheet
and a calculation of the permitted total impervious surface
coverase.
59 List of municipal,County, Stateor Federalapprovals or
permits required.
60 Spot and finish elevationsat all property corners and
of existing proposed.
corners all structures, or
6l Location and acreageof all land reservedfor or dedicated
to public use.
62 Concerning site plans only, the proposed use and
operationsof the buildings, the proposed number of shifts
to be worked, the maximum number of employeeson each
shift, and the hours of operationopen to public use.
63 Concerning major site plans only, provide building floor
plans and scaled architectural elevations defining the
exterior materials, colors and textures; signed and sealed
bv a licensedNJ ResisteredArchitect.
Note: The Board reserves right to requireadditionalinformationbefore grantingpreliminary
the
approvalwhen unique circumstances affect the tract and/or when the applicationfor
development poses specialproblems the tractandsurrounding
for provided,
area, however, that
no application incomplete thelackof suchadditional
shallbe declared for information.
Signatureand title of personpreparingthe checklist Date
28D26
LAND DEVELOPMENTAPPENDIX D-2
E. Final Major Application Checklist - Details Required for Final Major Subdivision
Platsand Final Major SitePlan Applications(Section
28-805)
Note: See Watchung Borough Land DevelopmentOrdinancefor further details of
submissionrequirements procedures.
and
Item# Provided Not Waiver Item of Information Required
Relevant Request
1 (18
form(s)andchecklist(s) copies).
Application
', Application and escrow fees.
3 that the applicant the ownerof the land or
Certification is
his/herproperly authorizedagent,or that the owner has
givenhis/herconsent underanoptionagreement.
4 If the applicant is a partnershipor a corporation,the names
and addresses all partners,or the namesand addresses
of of
all stockholdersowning ten percent (10%) or more of any
class of stock of the corporation as required by N.J.S.A.
et
40:55D-48.1 seq.
Certificationfrom the BoroughTax Collectorthatall taxes
andassessments paidup-to-date.
are
6 Subdivision andSubdivision Improvement
Plat Site Design
Drawings or Final Major Site Plan Site Improvement
DesignDrawings(18 copies)signedand sealedby a
N.J.P.L.S. N.J.P.E., required, foldedinto eighths
or as and
with the title block revealed.Site Improvement Design
Drawings shall include information required for
preliminaryapproval, to
revisedas necessary incorporate
the resolutionof the conditions of the Preliminary
of
Resolution Approval.
Scaleof l" equalsnot more than 100'for major subdivision
plats or 1" equalsnot more than 50'for major site plans on
24"x36" standard sheet sizes each with a clear perimeter
border at least Ll2" wide.
E A section staging
or plan,if proposed.
9 calculation/data
and/orengineering
Detailedarchitectural
asrequtedby Ordinance including:
9a An architect's desiqndrawingof eachbuildingand sign;
9b Cross sections,plans, profiles and establishedgradesof all
streets, aisles, lanes and driveways, including centerline
goometry and horizontal alignments with bearings, radii
and taneents.
9c Plansand profiles of all storm and sanitarysewersand
watermains.
9d For retaining walls in excessof four feet in height.
9e All dimensionsof the exterior boundariesof any
shallbe balanced closed.
subdivision and
10 Record "As-built" drawings for all constructed site
improvementsbuilt under Preliminary approval, including
as-built Plans and profiles of all storm and sanitary sewers
and water mains and as-built cross sections,plans, profiles
and established grades of all streets, aisles, lanes and
driveways, including centerline geometry and hoizontal
alignmentswith bearings,radii and tangents.
28D27
BOROUGHOF WATCHUNGCODE
Item # Provided Not Waiver Item of Information Required
Relevant Request
11 Certificationin writing from the applicantto the Boardthat
theapplicant has:
(a) Installedall improvements with the requirements of
the Ordinance thepreliminaryapproval;and/or
and
(b) Posteda performance gparantee accordance
in with the
requirements this Ordinance
of basedupon provisionof
siteimprovement quantityandcostestimate from applicant
not
for all siteimprovements installed.
t2 MetesandBounds descriptions all proposed
for deed(s) of
of
dedication deed(s) easement.
and
13 A statement from the Borough Engineer that:
(a) All installed improvementshave been inspectedand as
built drawings have been submitted;and
(b) Those installed improvements that do not meet or
exceed Borough standards shall be factored into the
required performance guarantee.
13 Evidence that a duplicate copy (copies) of the application
for developmenthas/havebeen filed with any other agency
having jurisdiction over any aspect of the proposed
develonment.
t4 Letters directed to the Chairman of the Board and signed
by a responsibleofficial of all utility companies,etc.,
provrdrag utjJily ^service to the tract as required by
Ordinance.
15 StormwaterManagementAgreement approved by the
GoverningBody.
t6 Boroughof WatchungTax Assessor of
determination new
Lot andBlockandhouse
number designations.
L7 Certification that all tract outbound monuments have been
set.
18 Concerning major subdivisions only a "Sales Map" in
accordance with the Ordinance.
Signature title of person
and the
preparing checklist Date
28D28
APPENDXD-l
APPLICATION FOR DEVELOPMENT
-PLANNINGBOARD APPLICATIONNO.
BOARDOFADruSTMENT
This application,togetherwith supportingdocumentation (including all copies as may be
mustbe filed with the Office
required), of theBoroughClerk at leastthirty (30) daysprior to the
is
at whichtheapplication to be considered.
***BOROUGH
USEONLY***
Date Filed: Datereferredto Engineer:
Submitted SitePlan/Subdivision
to for
Committee Review: Yes No
ActionTaken:
Date Acceptedas Complete:
Board Action bv:
Adjourned
BoardActionTaken: Approved:
Date: Denied:
Fee
Application $ DatePaid: Ck.No:
EscrowDeposit$ DatePaid: Ck. No.
AmountRetumed Date Sent:
l. SIJDIECLEBOIERII:
NAME: (Phase)
PROJECT :
LOCATION:
TAXMAP:
Page- Block- Lot(s)- Zone
Page- Block- Lot(s)- Zone
28D0r
BOROUGHOF WATCHUNGCODE
DIMENSIONS:
Frontage: Depth: Total Area:
Description hoject:
of
2. APPLICANT
Name:
Address:
Number:
Teleohone
licantis a: Individual-
3. OWNER (If otherthantheApplicant,
statethefollowing):
Name:
Address:
Number:
Telephone Fax-
4. DISCLOSURESTATEMENT:
Pursuant N. J. S. 40:55D-48.1, names address all persons
to the and of owning l07o of
the stockin a corporateapplicant l07o interest any partnership
or in applicantmustbe
disclosed. Also, in accordancewith N.J.S. 40:55D-48.2 that disclosurerequirement
appliesto any corporation partnership
or which owns more than lATointerestin the
applicantfollowedup the chainof ownershipuntil the names addresses the non-
and of
corporatestockholders and partnersexceeding l07o ownetshipstandardhave been
disclosed.
Interest:
Address:
Name: Interest:
Address:
Name: Interest:
Address:
28D02
LAND DEVELOPMENTAPPENDX D-l
Name: Interest:
Address:
to
pages needed complete'
NOTE: Attachadditional if
5. PROPERTYINFORMATION:
covenants,
List all deedrestrictions, association y-lawsaffectingthe property,
easements, b
whether ).
Copies
Attached: Proposed- Existing_
(Note: Copies must be submitted for review and mustbe written in easilyunderstandable
English to be considered).
Present of thepremises:
use
Proposed of thepremises:
use
Prior site approval(if applicable). If this site has previouslyreceivedapprovalof an
application development,
for state:
Date #
Application Typeof Request Disposition
6. APPLICANT'SPROFESSIONALS:
Applicant's
Attorney:
Address:
TelephoneNumber: Fax Number:
s Consultant:
Applicant' Planning
Address:
TelephoneNumber: Fax Number:
28D03
BOROUGHOF WATCHIING CODE
Applicant' Traffic Engineer:
s
Address: Fax Number:
Number:
Telephone Fax Number:
Any otherExpertwho will submita reportor testify:
Name:
Field of Expertise:
Address:
Telephone Number: FaxNumber:
sheets necessary complete).
(Note:Attachadditional as to
7. PLANSPREPAREDBY:
_ Engineer
- LandSurveyor Architect
Name:
Address:
TelephoneNumber:
Number:
N.J.License Registration
/
8. BOROUGHORDINANCEREFERENCE:
and
from which a variance requested
a. Statesection(s) of BoroughOrdinance is
reasons:
b. Specify waivers requestedof DevelopmentStandardsand / or Submission
Requirementsand affectedsectionsof Borough Ordinances:
MISCELLANEOUS
9. Setforth the following with regardto waterandsewerat the site:
hoposed water source: Public Well_
Proposedsewagedisposal: Public- Septic
28D04
LAND DEVELOPMENTAPPENDX D- 1
10. Have any proposed new lots been reviewed with the Tax Assessor to determine
appropriateLot and Block numbers?If so, set forth full information'
required proposed:
11. Detailanyoff-tractimprovements or
12. What form of security does the applicant propose to provide as performance and
guarantees?
maintenance
13. Other approvalswhich may be requiredand date plans submitted:
DATE
YES NO PLANS
SUBMITTED
of Protection
NJ Department Environmental
NJ Department Transportation
of
NJ Councilof AffordableHousing
Board
CountyPlanning
Somerset
CountySoil Conservation
Somerset/Union
Other
Sanitary Permit
Connection
Sewer
HealthCommission
Regional
Middle-Brook
Historical
VillageCenter
Comminee
Preservation
RoadOpeningPermit
Permit
LandDisturbance
TreeRemovalPermit
28D05
BOROUGHOF WATCHUNGCODE
DATE
YES NO PLANS
SI]BMITTED
DrivewayPermit
Permit
SoilRemoval
Other
14. APPLICATION REPRESENTS REQUESTFOR TIIE FOLLOWING:
A
STJBDIVISION
Approval
Minor Subdivision
MajorSubdivisionApproval (heliminary)
MajorSubdivisionApproval (Final)
Plans: SellLots: YES-
Development NO--
Construct for
houses sale: YES- NO
Other:
Acreage Tract:
Gross of
Number Lotsto be created:
of (including lot)
remainder
Number Proposed
of DwellingUnits (if applicable)
To be filed by Deedor Plat: YES- NO-
SITE PLAN
Mnor SitePlanApproval
Preliminary PlanApproval(Phases applicable)-)
Site if
(if
FinalSitePlanApproval (Phases applicable)-)
Amendment Revision anapproved Plan
or to Site
Request Waiverfrom SitePlanReviewandApproval;
for
for
Reason request:
Plans:
Development New Structure- Expansion-
Change of Use- Alteration-
28D06
LAND DEVELOPMENT APPENDIX D-l
NON-RESIDENTIAL RESIDENTIAL
Acreage Site
Gross of of
Acreage Site
Gross
NewFloorArea
Gross No. of DwellingUnits
No. of New Parking
Units
VARIANCE
Relief(Hardship)
Variance 40:55D-70c(l)]
[N.J.S.
Relief(Substantial
Variance 40:55D-70c(2)]
Benefit)[N.J.S.
VarianceRelief (Subdivisionor Site Plan Approval incident to a Variance
Application a0:55D-76(b)]
[N.J.S.
Relief(UseVariance) N.J.S.40:55D-70d]
Variance [
PERMITS
Direct the issuance a development
of permit for a structurein the bed of a
mapped street, way, flood controlbasinor reserved
public drainage publicarea
lN.J.S.40:55D-341
of permit for a lot lacking sffeetfrontage
Direct the issuance a development
40:55D-351
lN.J.S.
Other (specify):
Relief
OTIIER RELIEF REQTJESTED
InformalReview
Use
Conditional Approval[N.J.S.40:55D-67]
Officer[N.J.S.40:55D-70a]
Appealdecision Administrative
of
Interpretation ZoningMap or Ordinance for Decisionuponother
of or
specialquestions (N.J.S.
40:55D-70b)
28D07
BOROUGHOF WATCHUNGCODE
ATTACIilVIENTS
for
15. Attach a certification from the Borough Tax Collector that all taxes or assessments
local dueon thesubi havebeen
16. Attacha copyof the Noticeto be mailedto theowners all realproperty, shownon
of as
the currenttax duplicate,locatedwithin the stateandwithin 200 feet in all directionsof
the propertywhich is the subjectof this application. The Notice must specifythe
secti,ona the Ordinance
of from which relief is sought,if applicable. An affidavit of
Service all
on property ownersmustbe filed with the BoardClerk at leasttwo (2) days
beforethe scheduled hearingor the applicationwill be deemed incompleteand the
applicant,unableto proceed hearing.
to
TheBoardClerkwill publishNoticeof Hearing leastten(10)daysin advance
at
of theproposed
hearing has
provided application been
the deemedcomplete.
Service of the notice on all effective property ownels pulsuant to NJSA 40:55D-l2A et
seq mustbe madeby the applicant leastten (10) daysprior to the datescheduled
. at for
the
18. List of Maps,Reports othermaterials
and (attach
accompanying application
the
additionalpages required complete
as for listing).
Quantity Descriptionofltem
the attorney
havebeensentto theapplicant. applicant's
Thefollowingreports
and/ortheEngineeron the date(s)noted:
Date Professional Date Report(s) sent
Applicant Site Plan/Subdivision
Borough Engineer
Attorney Board Attorney
Borough Planner
Engineer Police Department
Fire Department
EnvironmentalCommittee
Board of Health
28D08
LAND DEVELOPMENT APPENDIX D- 1
CERTIFICATION
If the declarant a Corporation, following Certifications
is the mustbe signedby an authorized
is a Partnership, mustbe signedby a General Partner.
Corporate Offrcer. If the declarant it
APPLICANT CERTIFICATION
I certify that the foregoingstatements the materialssubmittedare true. I further certify that
and
I am the individual applicant that I am an Officer of the Corporate
or applicantand that I am
authorized to sign the application the Corporation that I am a GeneralPartnerof the
for or
Partnership applicant.
I certify that the foregoingstatements true; I am awarethat if any statement willfully false
are is
I amsubject to punishment.
Dated: Name:
Title:
OWNER CERTIFICATION
I CERTIFYTHAT I AM TIm ownerof the Property which is the subjectof this application,
thatI haveauthorized applicant makethis application thatI agree be boundby the
the to and to
application, representations
the madeand the decisionin the samemanneras if I were the
applicant.I certify that the foregoingstatements true; I am awarethat if any statement
are is
willfully falseI am subject punishment.
to
Dated: Owner:
ESCROWACKNOWLEDGEMENT
I understand the sum of $
that has been depositedin an escrowaccount
(Builder'sTrust Account),in accordance with the Land UselDevelopment of
Ordinances the
Boroughof Watchung.I furtherunderstand the escrowaccount established coverthe
that is to
cost of professional services including engineering, planning,legal and other expenses
associatedwith the review of submitted materials and the publicationof the decisionof the
Board. Sums utilizedin thereviewprocess
not sumsaredeemed
shallbe returned.If additional
necessary, understand I will be notified of the required
I that additionalamountand shall add
thatsumto theescrow accountwithin fifteen(15)daysof notification.
Dated: Applicant:
28DO9t28DtO