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SURVCON 2011
RESIDENTIAL IMPROVEMENT
STANDARDS
SURVCON 2011 OUTLINE NJ LAND USE ISSUES I. INTRODUCTION
a. Carl E. Peters, PE, PLS b. Nicholas J. Wunner, PE, PLS
II. PURPOSE OF WORKSHOP a. Municipal Land Use Law (MLUL)
a. NJSA 40:55D-1, et. Seq. b. NJ Residential Site Improvement Standards (RSIS)
a. NJAC 5:21-1 et. Seq.
V. MUNICIPAL LAND USE LAW (MLUL)
VII. RESIDENTIAL SITE IMPROVEMENT STANDARDS (RSIS) NJAC5:21 a. Subchapter 1 General Provisions b. Subchapter 2 Application and Review Procedures c. Subchapter 3 Exceptions, Waivers, and Special Area Standards d. Subchapter 4 Streets and Parking e. Subchapter 5 Water Supply f. Subchapter 6 Sanitary Sewers g. Subchapter 7 Stormwater Management
VIII. OTHER LAWS AND REGULATIONS a. MFL NJSA 46:23-9.8 b. Wetlands NJAC 7:7A c. Flood Plain NJAC 7:13 d. Special Districts
i. Pinelands NJSA 13:18A NJAC 7:50 ii. Highlands NJSA 13:20 NJAC 7:38 iii. Meadowlands NJSA 13:17 NJAC 19:3
IX. WEBSITES a. RSIS www.state.nj.us/dca/codes/nj-rsis b. MFL www.njconsumeraffairs.gov/pels c. Wetlands www.state.nj.us/dep/landuse/njsa_njac.html d. Flood Plain www.state.nj.us/dep/landuse/njsa_njac.html e. Pinelands www.state.nj.us/dep/pinelands f. Highlands www.state.nj.us/dep/highlands g. Meadowlands www.njmeadowlands.gov
NJ LAND USE ISSUES Municipal Land Use Law and Residential Site Improvements Standards
INTRODUCTION MUNICIPAL LAND USE LAW (MLUL)
NJSA 40:55D-1, et seq. NJ RESIDENTIAL SITE IMPROVEMENT STANDARDS (RSIS)
NJAC 5:21-1, et seq.
MLUL STATE STATUTE PASSED BY LEGISLATURE & SIGNED BY GOVERNOR AUTHORIZES LOCAL GOVERNMENTS TO REGULATE DEVELOPMENT ESTABLISHES GUIDELINES FOR PROCESS ALLOWS FOR LOCAL CONTROL OF ZONING AND LAND USE
RSIS STATE RULES/ REGULATIONS PROMULGATED BY THE DEPARTMENT OF COMMUNITY AFFAIRS REQUIRED FOR ALL RESIDENTIAL SUBDIVISIONS SETS BOTH A MINIMUM AND MAXIMUM STANDARD FOR SITE IMPROVEMENTS MAY ONLY BE VARIED UPON APPROVAL OF SITE IMPROVEMENT ADVISORY BOARD
HOW DO TOWNS GET THE AUTHORITY TO REGULATE? THE STATE MUST GIVE THE POWER TO LOCAL GOVERNMENT
– 1927 CONSTITUTION AUTHORIZED ZONING – ZONING LEGISLATION WAS PASSED IN 1928 – PLANNING LEGISLATION FOLLOWED IN 1930 – 1947 CONSTITUTION AUTHORIZES LEGISLATURE TO GIVE THIS CONTROL TO LOCAL
GOVERNMENT – MLUL N.J.S.A. 40:55D-1 et seq IS THE LEGISLATION FOR PLANNING AND LAND USE
CONTROL
PLANNING VS. ZONING – ZONING IS CHIEFLY CONCERNED WITH THE USE AND REGULATION OF BUILDINGS,
STRUCTURES AND LAND – ZONING DEALS WITH THE PRESENT – PLANNING CONSIDERATIONS ARE BROADER – PLANNING LOOKS OUT 10-20 YEARS
WHY DO MUNICIPALITIES PLAN? STATE LAW SAYS THEY MUST
– IF A TOWN WANTS TO IMPLEMENT A ZONING ORDINANCE IT MUST ADOPT • LAND USE ELEMENT • HOUSING ELEMENT
– GIVES OFFICIALS THE OPPORTUNITY TO LOOK AT THE BIG PICTURE FIVE TO TEN YEARS OUT
WHY A MASTER PLAN? • PHYSICAL, ECONOMIC AND SOCIAL DEVELOPMENT OF A MUNICIPALITY • CONCERNS THE WELFARE OF THE PEOPLE WHO LIVE, WORK AND ARE EDUCATED IN THE
MUNICIPALITY • A VISION FOR THE FUTURE DEVELOPMENT OF THE MUNICIPALITY
PLANNING GUIDES MUNICIPAL ADMINISTRATION • ZONING ORDINANCE • SUBDIVISION REGULATIONS • CAPITAL BUDGETING • CAPITAL IMPROVEMENT PROGRAM • REDEVELOPMENT EFFORTS • PROTECTS AGAINST LAWSUITS BY SHOWING ANALYTICAL PROCESS USED TO REACH
DECISIONS
WHAT IS THE PURPOSE OF THE MLUL? • Encourage Municipalities to take actions to guide the appropriate use or development of all lands
in the state. – promote public health, safety, morals and general welfare • Secure safety from fire, flood, panic and other natural and man-made disasters • Provide adequate light, air and open space • Ensure that development of one municipality does not adversely affect the development and
general welfare of neighboring municipalities, the county and the state. • Promote appropriate population densities and concentrations • Coordinate public development with land use policies • Provide adequate space – in the right location – for a variety of uses: agricultural, residential,
commercial, industrial and public and private open space. • Develop effective transportation routes. • Promote a desirable visual environment. • Promote conservation of historic sites, open space, energy resources and natural resources and to
prevent urban sprawl and denigration of the environment. • Encourage planned unit developments. • Encourage senior citizen community housing construction. • Encourage coordination of public and private procedures and activities shaping land development. • Promote use of renewable energy resources. • Promote recycling.
WHAT TYPES OF THINGS ARE REGULATED BY MLUL? • HOW A PROPERTY MAY BE USED
– TYPES OF ACTIVITIES ONE CAN UNDERTAKE ON A GIVEN LOT • CONSTRUCTION/RECONSTRUCTION • CHANGES OF BOUNDARY LINES
WHAT BODIES ARE PART OF THE LAND USE PROCESS? • GOVERNING BODY • PLANNING BOARD • ZONING BOARD OF ADJUSTMENT
GOVERNING BODY • AUTHORIZES CREATION OF PLANNING BOARD • ADOPTS ZONING ORDINANCE & MAP • ADOPTS OFFICIAL MAP • ADOPTS SUBDIVISION REGULATIONS • ADOPTS A CAPITAL BUDGET • ONE GOVERNING BODY MEMBER AND MAYOR SIT ON PLANNING BOARD • MAY HEAR AN APPEAL FROM A “d” VARIANCE APPROVED BY THE ZONING BOARD • RESPONSIBLE FOR ENFORCEMENT OF LAND USE ORDINANCE
WHO IS ON THE GOVERNING BODY • EPENDS ON THE FORM OF GOVERNMENT • TYPICALLY
– COUNCIL OR COMMITTEE MEMBERS – MAYOR
• ELECTED BY THE CITIZENS
PLANNING BOARD • PREPARES AND ADOPTS MASTER PLAN • CONDUCTS SUBDIVISION AND SITE PLAN REVIEWS • REVIEWS PROPOSED ZONING ORDINANCES AND AMENDMENTS • REVIEWS OFFICIAL MAP • APPROVES CONDITIONAL USE PERMITS • APPROVES “C” VARIANCES IN CONJUNCTION WITH SITE PLANS AND SUBDIVISIONS • REVIEWS AREAS PROPOSED AS IN NEED OF REDEVELOPMENT
WHO MAY BE ON THE PLANNING BOARD?
• CLASS I – MAYOR OR DESIGNEE • CLASS II – MUNICIPAL OFFICIAL OTHER THAN GOVERNING BODY MEMBER • CLASS III – MEMBER OF THE GOVERNING BODY • CLASS IV – CITIZEN OF THE MUNICIPALITY
CLASS I MEMBER • MAYOR OR THE MAYOR’S DESIGNEE • MANAGER IN THE COUNCIL MANAGER FORM OF GOVERNMENT TERM: SAME AS THE TERM
OF THE MAYOR
CLASS II MEMBER • MUNICIPAL OFFICIAL • APPOINTED BY MAYOR (OR MANAGER IN COUNCIL MANAGER FORM) • TERM: ONE YEAR BUT EXPIRES UPON COMPLETION OF THEIR TERM OF OFFICE/
EMPLOYMENT – WHICHEVER COMES FIRST • DOES NOT HAVE TO BE A MUNICIPAL RESIDENT
CLASS III MEMBER • MEMBER OF GOVERNING BODY • APPOINTED BY GOVERNING BODY • TERM: ONE YEAR BUT EXPIRES UPON COMPLETION OF THEIR TERM OF OFFICE/
EMPLOYMENT – WHICHEVER COMES FIRST
CLASS IV MEMBER • CITIZEN OF MUNICIPALITY • APPOINTED BY MAYOR • MAY NOT HOLD ANY MUNICIPAL OFFICE, POSITION OR EMPLOYMENT TERM: 4 YEARS • CHAIRMAN AND VICE CHAIRMAN ARE APPOINTED FROM THIS CLASS
ALTERNATE MEMBERS • GOVERNING BODY MAY APPOINT UP TO FOUR (THEY ARE TO BE NUMBERED) • MUST BE MUNICIPAL RESIDENTS • MAY PARTICIPATE IN ALL MATTERS BUT MAY NOT VOTE UNLESS ONE OF THE REGULAR
MEMBERS IS ABSENT • MAY STAND IN FOR ANY CLASS OF MEMBER
ZONING BOARD OF ADJUSTMENT • HEARS APPEALS FROM DETERMINATION OF ADMINISTRATIVE OFFICER • DECIDES REQUEST FOR INTERPRETATION OF THE ZONING MAP OR ORDINANCE • HEARS AND DECIDES “c” VARIANCES WHERE NO SUBDIVISION, SITE PLAN OR
CONDITIONAL USE IS PROPOSED • HEARS AND DECIDES “D” VARIANCES • PREPARES AN ANNUAL REPORT TO GOVERNING BODY
WHO MAY BE ON THE ZONING BOARD? • SEVEN MEMBERS • MUST BE MUNICIPAL RESIDENTS • MAY NOT HOLD ANY ELECTIVE OFFICE OR POSITION WITH THE MUNICIPALITY • UP TO FOUR ALTERNATES • ALTERNATES MAY PARTICIPATE BUT MAY NOT VOTE UNLESS A REGULAR MEMBER IS
ABSENT OR DISQUALIFIED
WHAT IS ZONING? • MASTER PLAN TRANSLATED INTO REGULATIONS THROUGH THE ZONING ORDINANCE AND
MAP – FORM AND LOCATION OF BUILDINGS
• TYPE OF USE • HEIGHT • MINIMUM LOT AREA • YARD SETBACK • PARKING REQUIREMENTS • LANDSCAPING • SIGNAGE • AND MORE
WHO ELSE REGULATES DEVELOPMENT? – STATE PLANNING COMMISSION
• STATE DEVELOPMENT AND REDEVELOPMENT PLAN – DOT
• METROPOLITAN PLANNING ORGANIZATIONS – COUNTY PLANNING BOARDS
• STATE AGENCIES HAVE RULE MAKING POWER TO CREATE REGULATIONS – DEP
• AIR AND WATER QUALITY, COASTAL AND HIGHLANDS DEVELOPMENT, WETLANDS, FLOOD CONTROL AND STORM WATER MANAGEMENT
– DCA • COAH – FAIR HOUSING ACT • CODES AND STANDARDS – UCC • RSIS
KEY DEFINITIONS • BUILDING – a combination of materials to form a construction adapted to permanent, temporary or continuous
occupancy and having a roof • CONDITIONAL USE – a use permitted in a particular zoning district only upon showing that such use in a
specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance and upon issuance of an authorization therefor by the planning board.
• DAYS – Calendar days • DENSITY – the permitted number of dwelling units per gross area of land to be developed • DEVELOPMENT – the division of a parcel of land into two or more parcels, the construction, reconstruction,
structural alteration, relocation or enlargement of any building or other structure, or any mining excavation or landfill, and any change in the use of a building or other structure or land or extension of use of land for which permission may be required pursuant to this act.
• FINAL APPROVAL – the official action of the planning board taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees posted for their completion or approval conditioned upon the posting of such guarantees.
• FLOOR AREA RATIO - the sum of the areas of all floors of buildings or structures compared to the total area of the site.
• GOVERNING BODY – the chief legislative body of the municipality. • MAJOR SUBDIVISION – any subdivision not classified as a minor subdivision • MINOR SITE PLAN – a development plan of one or more lots which:
– Proposes development within the scope of the ordinance for a minor site plan – Does not involve a planned development, any new street or extension of any off tract improvement – Contains the information necessary required to make an informed decision as to whether the ordinance
requirements for approval of a minor site plan have been met
KEY DEFINITIONS • MINOR SUBDIVISION – a subdivision of land for the creation of a number of lots specifically permitted by
the ordinance as a minor subdivision, provided that the subdivision does not involve: – Does not involve a planned development, – any new street or – extension of any off tract improvement
• NONCONFORMING LOT – means a lot, the area, dimension, location of which was lawful prior to the adoption, revision, or amendment of a zoning ordinance but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision, or amendment.
• NONCONFORMING STRUCTURE – means a structure, the size, dimension, location of which was lawful prior to the adoption, revision, or amendment of a zoning ordinance but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision, or amendment.
• NONCONFORMING USE – means a use or activity which was lawful prior to the adoption, revision, or amendment of a zoning ordinance but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision, or amendment.
• OFFSITE – means located outside of the lot lines of the lot in question but within the property, of which the lot is a part, which is the subject of a development application or the closest half of the street right-of-way abutting the property of which the lot is a part
• OFF-TRACT – means not located on the property which is the subject of a development application nor on the closest half of the abutting street or right-of-way.
• ONSITE – means located on the lot in question and excluding any abutting street or right-of-way • ON-TRACT - means located on the property which is the subject of a development application or on the closest
half of any abutting street or right-of-way.
KEY DEFINITIONS • PERFORMANCE GUARANTEE – means any security, which may be accepted by a municipality, including
but not limited to surety bonds, letters of credit and cash • PLAT – means a map or maps of subdivisions or site plans • PRELIMINARY APPROVAL – conferral of certain rights prior to final approval after specific elements of a
development plan have been agreed upon by the planning board and the applicant • QUORUM – means the majority of the full authorized membership of a municipal agency • SITE PLAN – means a development plan of one or more lots on which is shown
– Existing and proposed conditions on the lot including but not limited to: • Topography • Vegetation • Drainage • Floodplains • marshes
– Location of all existing and proposed • Buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility
services, landscaping, structures and signs, lighting and screening devices, and; – Any other information that may reasonably be required to make an informed decision as to whether the
ordinance requirements for approval of a site plan have been met. • STRUCTURE– a combination of materials to form a construction for occupancy, use or ornamentation whether
installed on, above or below the surface of a parcel of land. • SUBDIVISION – means the division of a lot, tract or parcel of land into two or more parcels or divisions of land
for sale or development. – The following shall not be considered subdivisions if no new streets are created
KEY DEFINITIONS
• NOT SUBDIVISIONS UNDER MLUL – Parcels of 5 acres or larger for agricultural purposes – Divisions of property by testamentary or intestate provisions – Divisions of property upon court order, including but not limited to judgments of foreclosure – Consolidation of existing lots by deed or other recorded instrument – The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the
same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are ahown and designated a separate lots, tracts or parcels on the Tax Map of the municipality.
• VARIANCE – permission to depart from the literal requirements of a zoning ordinance.
MUNICIPAL AGENCY MEETINGS
• REGULAR MEETINGS AT LEAST ONCE PER MONTH • QUORUM MUST BE PRESENT • FAILURE TO RECEIVE THE REQUIRED NUMBER OF VOTE TO APPROVE MEANS A DENIAL • MEETINGS ARE OPEN TO THE PUBLIC • MINUTES MUST BE KEPT • DOCUMENTS MUST BE AVAILABLE FOR PUBLIC INSPECTION 10 DAYS BEFORE THE
MEETING • TESTIMONY OF WITNESSES MUST BE UNDER OATH • MEETINGS MUST BE RECORDED – VERBATIM • FINDINGS OF FACT AND CONCLUSIONS MUST BE REDUCED TO WRITING
– WITHIN 45 DAYS OF THE VOTE TO APPROVE OR DENY – DECISION MAILED TO APPLICANT WITHIN 10 DAYS
• NOTICE OF DECISION MUST BE PUBLISHED IN AN OFFICIAL NEWSPAPER
SUBDIVISION AND SITE PLAN REVIEW AND APPROVAL • APPROVAL OF SUBDIVISION PLAT REQUIRED FOR FILING WITH COUNTY • APPROVAL OF SITE PLAN REQUIRED AS A CONDITION FOR THE ISSUANCE OF PERMIT TO
DEVELOP – ONE AND TWO FAMILY DWELLINGS ARE EXEMPT FROM SITE PLAN REVIEW AND
EXCLUSIVE POWER • APPLICATIONS MAY BE ACTED UPON BY EITHER
– PLANNING BOARD – ZONING BOARD OF ADJUSTMENT
• NOT BOTH
COMPLETENESS REVIEW • APPLICATION IS COMPLETE FOR THE PURPOSES OF STARTING THE APPROVAL TIMETABLE
WHEN CERTIFIED BY THE MUNICIPAL AGENCY OR ITS DESIGNEE – HAS 45 DAYS TO DECLARE INCOMPLETE – INCOMPLETENESS BASED UPON A CHECKLIST – DETERMINATION MUST BE IN WRITING
DIVISION OF RESPONSIBILITIES • ARCHITECTS • ENGINEERS • LAND SURVEYORS
WHICH BOARD HAS JURISDICTION? • IS IT A ONE OR TWO FAMILY DWELLING?
– IF THE ANSWER IS YES • ARE ANY VARIANCES REQUIRED?
– IF THE ANSWER IS NO –YOU GET A ZONING PERMIT WITHOUT A BOARD REVIEW OF YOUR APPLICATION
• IT IS OTHER THAN A ONE OR TWO FAMILY DWELLING? – YOU REQUIRE SUBDIVISION OR SITE PLAN APPROVAL
• ARE ANY VARIANCES REQUIRED? – IF THE ANSWER IS NO –YOU ARE IN THE JURISDICTION OF THE PLANNING BOARD
• IS A “d” VARIANCE INVOLVED? – Does it involve a use not permitted in the zone? – Does it involve a principal structure not permitted in the zone? – Does it involve the expansion of a non-conforming use? – Does it involve a deviation from a standard required for a conditional use? – Does it involve an increase in permitted Floor Area Ratio? – Does it involve an increase in permitted density? – Does it involve the height of a principal structure that exceeds by 10 Feet or 10% the maximum height
permitted in the district for a principal structure? • IF THE ANSWER TO ANY OF THESE QUESTIONS IS YES A “d” VARIANCE IS REQUIRED AND THE
ZBA HAS EXCLUSIVE JURISDICTION
WHICH BOARD HAS JURISDICTION? • THEN A “c” VARIANCE IS INVOLVED • NEXT ASK:
– DOES IT INVOLVE A SUBDIVISION? – DOES IT INVOLVE A SITE PLAN? – DOES IT REQUIRE A CONDITIONAL USE AUTHORIZATION AND MEETS THE
CONDITIONS?
• IF THE ANSWER TO ANY OF THESE QUESTIONS IS YES AND THE ANSWER TO THE EARLIER GROUP OF QUESTIONS IS NO THEN THE PLANNING BOARD HAS EXCLUSIVE JURISDICTION
• IF THE ANSWER TO ALL OF THESE QUESTIONS IS NO THE APPLICATION GOES TO THE ZBA
BIFURCATION OF USE VARIANCES • APPLICANT REQUESTS INITIAL CONSIDERATION OF USE VARIANCE WITHOUT SITE PLAN OR
SUBDIVISION • IF USE VARIANCE IS APPROVED THE SUBSEQUENT SITE PLAN OR SUBDIVISION APPROVAL
PROCESS REMAINS WITH THE ZBA
SITE PLAN REVIEW • SECTION 15-2 SETS STANDARDS FOR ORDINANCE REQUIREMENTS • LOCAL ORDINANCE SETS FORTH THE STANDARDS FOR CONSIDERATION AS A MINOR
– IF NOT A MINOR IT’S A MAJOR • PRELIMINARY AND FINAL APPROVAL
– DEVELOPER’S MAY APPLY FOR PRELIMINARY AND FINAL APPROVAL SIMULTANEOUSLY
• PRELIMINARY APPROVAL – THE GENERAL TERMS AND CONDITIONS WILL NOT BE CHANGED FOR THREE YEARS – WITHIN THAT PERIOD THE DEVELOPER MAY SEEK FINAL APPROVAL FOR ALL OR
PART OF THE DEVELOPMENT – THE DEVELOPER MAY SEEK EXTENSIONS OF UP TO TWO YEARS
• MUST BE GRANTED IF PROVED THAT DELAYS WERE BEYOND THE DEVELOPER’S CONTROL
SITE PLAN REVIEW HOW LONG WILL IT TAKE? • PRELIMINARY APPROVAL
– 10 ACRES OR LESS AND 10 DWELLING UNITS OR LESS – 45 DAY CLOCK – MORE THAN 10 ACRES OR 10 UNITS – 95 DAY CLOCK
SITE PLAN REVIEW
• MINOR SITE PLAN APPROVAL – NOTICE AND PUBLIC HEARING REQUIREMENTS MAY BE WAIVED – MINOR SITE PLAN APPROVAL SHALL BE DEEMED FINAL SITE PLAN APPROVAL – SHALL BE GRANTED OR DENIED WITHIN 45 DAYS – FAILURE TO ACT CONSTITUTES APPROVAL
• MINOR SITE PLAN APPROVAL – PROTECTS FROM ZONING CHANGES FOR 2 YEARS – ONE YEAR EXTENSION MAY BE GRANTED FOR CAUSE
• FINAL APPROVAL – IF THE PLANS ARE SUBSTANTIALLY DIFFERENT FROM THE APPROVED
PRELIMINARY PLAN A NEW APPLICATION MAY BE REQUIRED – THE GRANTING OF FINAL APPROVAL TERMINATES THE PERIOD FOR
PRELIMINARY APPROVAL – THERE CAN BE NO ISSUANCE OF A BUILDING PERMIT UNTIL A FINAL
APPROVAL HAS BEEN OBTAINED
MINOR SUBDIVISION APPROVAL • MINOR SUBDIVISON APPROVAL
– NOTICE AND PUBLIC HEARING REQUIREMENTS MAY BE WAIVED – MINOR SUBDIVISION APPROVAL SHALL BE DEEMED FINAL SUBDIVISION APPROVAL – SHALL BE GRANTED OR DENIED WITHIN 45 DAYS – EXPIRES 190 DAYS AFTER RESOLUTION OF APPROVAL UNLESS A PLAT OR DEED IS
FILED – PROTECTION FROM ZONING CHANGES FOR 2 YEARS
MAJOR SUBDIVISION APPROVAL • PRELIMINARY
– 10 OR FEWER LOTS – 45 DAYS – MORE THAN 10 LOTS – 95 DAYS
• PROTECTION FROM ZONING CHANGES FOR 3 YEARS • ALLOWS FOR UP TO 2 YEAR EXTENSION • FINAL
– 45 DAYS TO APPROVE – PROTECTION AGAINST ZONING CHANGES FOR 2 YEARS – PLAT MUST BE FILED IN 95 DAYS
CONDITIONAL USES/ VARIANCES • MAY BE REQUESTED SIMULTANEOUSLY WITH SITE PLAN OR SUBDIVISION APPLICATIONS • THE LONGEST TIME PERIOD GOVERNS – NOT ADDITIVE • CONDITIONAL USE – 95 DAYS • VARIANCE – 120 DAYS
PERFORMANCE GUARANTEES • MUST BE POSTED PRIOR TO FILING OF SUBDIVISION PLAT OR ISSUANCE OF BUILDING
PERMIT • 120% OF COST OF IMPROVEMENTS
– ON SITE IMPROVEMENTS FOR SITE PLANS ONLY • 15% MAINTENANCE BOND – 2 YEAR • ENGINEER TO INSPECT • GOVERNING BODY TO RELEASE BY RESOLUTION
INSPECTION FEES • DEPOSIT OF UP TO 5% OF VALUE OF IMPROVEMENTS • ENGINEER SHALL NOT MAKE INSPECTIONS IF INSUFFICIENT MONEY IS AVAILABLE TO PAY
FOR SAME.
ESCROW FEES • PAYMENT FOR PROFESSIONAL FEES TO REVIEW APPLICATIONS
– LIMITED TO PROFESSIONAL CHARGES • NO CLERICAL
– REIMBURSEMENT FOR DIRECT CONSULTANT COST – 200% OF DIRECT SALARIES FOR MUNICPAL STAFF PROFESSIONALS – NOTICES MUST BE SENT TO APPLICANT
APPEALS OF ESCROW FEES/COST ESTIMATES • FIRST NOTIFY GOVERNING BODY IN WRITING • IF NOT RESOLVED MAY APPEAL TO COUNTY CONSTRUCTION BOARD OF
APPEALS • MUST APPEAL WITHIN 45 DAYS OF RECEIPT OF PROFESSIONAL’S BILL • COUNTY BOARD MUST HEAR THE APPEAL WITHIN 10 BUSINESS DAYS • FAILURE OF BOARD TO ACT IS CONSIDERED A DENIAL OF THE APPEAL
NATURE OF VARIANCES
• VARIANCES ARE DISFAVORED BECAUSE THE ZONING LAW IS PRESUMED TO FURTHER THE INTENT OF THE MLUL
– EACH CASE MUST TO SOME LIMITED EXTENT CAUSE SOME DETRIMENT TO THE PUBLIC INTEREST
– GRANTING OF A VARIANCE DOES NOT MAKE A USE OR STRUCTURE CONFORMING – JUST PERMITTED
• VARIANCE ALLOWS A DEVIATION FROM THE PRECISE INTERPRETATION OF THE ZONING STANDARDS
• VARIANCE STAYS WITH THE PROPERTY NOT THE OWNER – CONDITIONS STAY TOO
• APPLICANT MUST PROVIDE BOTH POSITIVE AND NEGATIVE PROOFS • BOARD MAY GRANT ALTERNATIVE RELIEF
– SAY GRANT 10’ SIDE YARD WHERE 5’ WAS REQUESTED • MAY BE ABANDONED BUT GENERALLY NOT JUST BY A PERIOD OF NONUSE • EACH CASE MUST BE DECIDED UPON ITS OWN MERITS AS DERIVED FROM THE
TESTIMONY PRESENTED AT THE HEARING • A VARIANCE SHOULD NOT BE GRANTED IF IT HAS THE EFFECT OF INVALIDATING
THE ZONING – THAT WOULD BE A USURPTION OF GOVERNING BODY POWERS • NOTE FAILURE BY GOVERNING BODY TO CHANGE ORDINANCE MIGHT BE A BAR
TO FUTURE REQUESTS
THE “c” VARIANCES • “c1” OR HARDSHIP VARIANCE
– UNTIL 1984 THIS WAS THE ONLY C VARIANCE – ARISES OUT OF THE EXCEPTIONAL NARROWNESS, SHAPE OR TOPOGRAPHY OR EXCEPTIONAL PHYSICAL
FEATURES OF A SPECIFIC PIECE OF PROPERTY – AN EXTRAORDINARY AND EXCEPTIONAL SITUATION AFFECTING THE PROPERTY AND STRUCTURES
LAWFULLY EXISTING THEREON – APPLICANT MUST PROVIDE POSITIVE AND NEGATIVE PROOFS
• “c1” OR HARDSHIP VARIANCE – SOMETHING ABOUT THE LOT MUST BE DIFFERENT FROM OTHERS IN THE ZONE OTHERWISE THE
REMEDY IS A ZONE CHANGE – LANG VS. ZBA – APPLICANT WANTED TO REPLACE AN ABOVE GROUND POOL WITH AN INGROUND POOL
– GARAGE AND DRIVEWAY LOCATIONS REQUIRED POOL TO BE OFFSET – THUS CAUSING IT TO ENCROACH ON THE SIDE YARD.
• “c1” OR HARDSHIP VARIANCE – APPLICANT MUST SHOW THAT THE LOT’S UNIQUE CHARACTERISTICS INHIBIT THE EXTENT TO WHICH
THE PROPERTY CAN BE USED – A SELF CREATED HARDSHIP MAY BE A BASIS FOR DENYING RELIEF
• “c2” OR FLEXIBLE “c” – ADDED TO THE MLUL IN 1984 – CAN BE GRANTED WHERE IT CAN BE SHOWN THAT THE PURPOSES OF THE ACT WOULD BE ADVANCED
BY A DEVIATION FROM THE ZONING ORDINANCE (POSITIVE PROOFS) – THE BENEFITS MUST OUTWEIGH ANY DETRIMENT TO THE PUBLIC GOOD (NEGATIVE PROOFS)
• “c2” OR FLEXIBLE “c” – IT FALLS SOMEWHERE BETWEEN A HARDSHIP AND SPECIAL RESONS – IT MUST BE SHOWN THAT THE GRANTING OF THE VARIANCE WILL NOT IMPARE THE INTENT AND
PURPOSE OF THE ZONE PLAN
THE “d” VARIANCES • IN PARTICULAR CASES AND FOR SPECIAL REASONS MAY GRANT RELIEF FROM THE REGULATIONS
– A USE OF A PRINCIPAL STRUCTURE IN A DISTRICT RESTRICTED AGAINST SUCH USE – AN EXPANSION OF A NON-CONFORMING USE – A DEVIATION FROM A STANDARD PERTAINING SOLELY TO A CONDITIONAL USE
• IN PARTICULAR CASES AND FOR SPECIAL REASONS MAY GRANT RELIEF FROM THE REGULATIONS (cont’d) – AN INCREASE IN THE PERMITTED DENSITY EXCEPT AS APPLIED TO REQUIRED LOT AREA FOR ONE &
TWO FAMILY – HEIGHT OF A PRINCIPAL DWELLING THAT EXCEEDS ALLOWABLE BY 10’ OR 10%
• CAN ONLY BE GRANTED BY FIVE OR MORE YES VOTES • COURTS GIVE DEFERENCE TO DENIAL OF VARIANCE REQUESTS – THEY SHOULD BE GRANTED ONLY IN
PARTICULAR CASES AND FOR SPECIAL REASONS – MUST CARRY OUT THE PURPOSE OF ZONING OR IMPOSE AN UNDUE HARDSHIP ON THE APPLICANT – PRESERVATION OF A NEIGHBORHOOD IS A VALID REASON – PROMOTES GENERAL WELFARE – INHERENTLY BENEFICIAL USES
• SATISFIES POSITIVE CRITERIA • STILL MUST MEET NEGATIVE CRITERIA
– PARTICULARLY FITTED TO THE PARTICULAR LOCATION FOR WHICH THE VARIANCE IS SOUGHT • A MARINA WAS FOUND TO BE PARTICULARLY SUITED TO A WATERFRONT PARCEL IN A
RESIDENTIAL ZONE – MAKE BUILDING OR SITE SAFER – BEAUTIFY SITE – USUALLY FOR EXPANSION OF A NONCONFORMING USE – UNDUE HARDSHIP – THE PROPERTY CANNOT REASONABLY BE ADAPTED TO A CONFORMING USE – SPLIT LOT ZONING
APPEALS TO GOVERNING BODY • APPEAL OF A ZBA DECISION TO APPROVE A “d” VARIANCE
– IF PROVIDED BY ORDINANCE – WITHIN 10 DAYS OF PUBLICATION OF FINAL ZBA DECISION – REVIEW MUST BE DONE WITHIN 95 DAYS OF DATE OF PUBLICATION OF DECISION
• FAILURE TO ACT AFFIRMS ZBA DECISION • GOVERNING BODY MAY REVERSE, AFFIRM OR MODIFY ZBA DECISION • AFFIRMATIVE VOTE OF MAJORITY OF FULL GOVERNING BODY IS REQUIRED TO REVERSE OR
MODIFY ZBA DECISION
NON CONFORMING USES AND STRUCTURES • USE OR BUILDING WAS LAWFULLY IN EXISTENCE AT THE TIME OF A ZONING CHANGE • RULES DERIVE FROM THE PRINCIPLE THAT IT IS INEQUITABLE TO STRIP AWAY A PERSON’S
PROPERTY RIGHTS RETROACTIVELY – BALANCE DESIRE TO BRING USES INTO CONFORMITY WHILE PROTECTING PROPERTY
RIGHTS • CERTIFICATE OF NONCONFORMITY
– WITHIN 1 YEAR OF CHANGE - BY ZONING OFFICER – OVER 1 YEAR FROM CHANGE - BY ZBA
• ALTERATION OF A NONCONFORMING USE OR STRUCTURE – NONCONFORMING USE – D VARIANCE – NONCONFORMING STRUCTURE – C VARIANCE
• NONCONFORMING USE IS PROTECTED IF INTENSITY AND TYPE OF USE REMAIN THE SAME • VACANT LAND CANNOT QUALIFY AS A NON CONFORMING USE • NONCONFORMING STRUCTURES CAN OCCUR BY ACTIONS OF OTHERS
– EMMINENT DOMAIN – MAKING IT A CORNER LOT BY SUBDIVISION
• PROOFS REQUIRED FOR GETTING A CERTIFICATE OF NON-CONFORMITY – WHAT WAS THE USE ON THE SITE WHEN THE ORDINANCE CHANGED – DETERMINE THAT THE USE WAS LEGAL AT THE TIME OF THE ZONING CHANGE
NON CONFORMING USES AND STRUCTURES
• NON USE DOES NOT CONSTITUTE ABANDONMENT – OVERT ACT OR FAILURE BY THE OWNER – INTENTION TO ABANDON
– STABLE UNUSED FOR 7 YEARS – NO – USE FOR SOMETHING ELSE – YES – ILLEGAL EXPANSION DOES NOT ABANDON ORIGINAL NON CONFORMING USE – TOTAL DESTRUCTION TERMINATES USE
• STRUCTURE WITH TWO USES – ONE CONFORMING ONE NON CONFORMING – IF THEY ARE INTEGRATED A CHANGE TO EXPAND EVEN IN THE CONFORMING PORTION
MAY REQUIRE A USE VARIANCE – IF THEY ARE SEPARATE A USE VARIANCE MAY NOT BE NECESSARY
NON CONFORMING LOTS • ISOLATED LOT
– DOES NOT MEET AREA OR DIMENSIONAL REQUIREMENTS OF THE ZONING ORDINANCE • SOME ORDINANCES CONTAIN A GRANDFATHER CLAUSE FOR NON CONFORMING LOTS • CONSIDER MERGED IF OWNER HAD TWO ADJOINING LOTS THAT DON’T CONFORM • OFFER FROM ADJOINER TO PURCHASE LOT
– FAIR MARKET VALUE ASSUMING VARIANCES ARE GRANTED • REQUEST FROM APPLICANT TO PURCHASE LAND FROM ADJOINER • MUST OFFER POSITIVE AND NEGATIVE PROOFS • SUBMIT DETAILED PLANS OF THE PROPOSED STRUCTURE • COMPLY WITH YARD REQUIREMENTS, WHERE POSSIBLE – CONSIDER LOCATION OF HOUSES IN
NEIGHBORHOOD • DOES NOT VIOLATE PURPOSES OF AIR, LIGHT AND OPEN SPACE • PARCELS SPLIT BY A MUNICIPAL BOUNDARY
– MUNICIPAL BOUNDARY IS NOT A LOT LINE – MAY NEED TO MEET DIFFERENT BULK REGULATIONS
ACCESSORY STRUCTURES AND USES • ACCESSORY USE – IS INCIDENT AND SUBORDINATE TO THE PRINCIPAL USE AND IT IS
CUSTOMARILY SO. • THERE CAN BE NO ACCESSORY USE WHEN THERE IS NO PRINCIPAL USE • EXAMPLES
– BLACK TOP PLANT ACCESSORY TO QUARRY • EXAMPLES (cont’d)
– DAY CARE CENTER TO PRIVATE SCHOOL – GARAGE TO RESIDENCE
• IS THE USE PRINCIPAL OR ACCESSORY? – WAREHOUSE MAY BE ACCESSORY TO A FACTORY OR A FURNITURE STORE
BUT WOULD BE PRINCIPAL IF IT STANDS ON ITS OWN. • WHY DO WE CARE?
– VARIANCE FOR AN ACCESSORY STRUCTURE IS ‘c’ – VARIANCE FOR ACCESSORY USE IS ‘d’ – HEIGHT VARIANCE OVER 10’ OR 10%
RSIS SCOPE • NJAC 5:21-1.1 et seq
– REGULATIONS/RULES PROMULGATED BY NJDCA – TO BE USED FOR ANY RESIDENTIAL SITE PLAN, SUBDIVISION OR VARIANCE – GOVERNS UTILITIES CREATED BY MUNICIPAL ORDINANCE – WHEN STANDARDS ALLOW OPTIONS THE DEVELOPER GETS TO CHOOSE
• DOES NOT RESTRICT MUNICIPAL ABLILITY TO CONTROL: – LAYOUT OF IMPROVEMENTS, TREES, LANDSCAPING – PRESERVATION OF NATURAL RESOURCES – ARRANGEMENT OF ELEMENTS FOR SAFE AND EFFICIENT PEDESTRIAN AND
VEHICULAR TRAFFIC CONTROL – BULK REQUIREMENTS OF ZONING
• DOES NOT REGULATE DRIVEWAYS ON PRIVATE PROPERTY IF: – ON PRIVATE PROPERTY – HELD IN FEE SIMPLE – DOES NOT SERVE MORE THAN FOUR DWELLING UNITS
Subchapter 1: GENERAL PROVISIONS
5:21-1.1 Title; Division into Subchapters This chapter consists of the following subchapters: "General Provisions" "Application and Review Procedures" "Exceptions, Waivers, and Special Area Standards" "Streets and Parking" "Water Supply" "Sanitary Sewers" "Stormwater Management” "Referenced Standards”
5:21-1.2 Authority 5:21-1.3 Intent and Purpose
It is the intent and purpose of these rules: 5:21-1.4 Definitions and Abbreviations 5:21-1.5 Scope and Applicability
These rules shall govern These rules shall apply to all site improvement work Streets Parking facilities Sidewalks Drainage structures Grading Utilities which are undertaken by a developer in connection with residential development or use.
5:21-1.10 Operative Date These rules shall be operative on June 3, 1997
5:21-1.13 Changes to the Standards The Site Improvement Advisory Board
RSIS APPLICATION AND REVIEW PROCEDURES - EXCEPTIONS
• APPLICATION AND REVIEW – CONTINUES IN ACCORDANCE WITH MLUL
• EXCEPTIONS – MUNICIPALITY MAY GRANT DEMINIMUS EXCEPTIONS
• REG FOR WHICH EXCEPTION IS SOUGHT • WHY STRICT COMPLIANCE WOULD CREATE PRACTICAL
DIFFICULTIES • NATURE OF SAID DIFFICULTIES
RSIS EXCEPTIONS • MUNICIPALITY MUST SEND COPY OF EXCEPTION TO DCA WITHIN 30 DAYS • EXAMPLES OF DEMINIMUS EXCEPTIONS
– NUMBER OR SIZE OF PARKING STALLS – MINIMUM STREET GEOMETRY – REDUCING CARTWAY WIDTH – TRAFFIC CALMING DEVICES
• REASONS FOR GRANTING – MUST BE CONSISTENT WITH SITE IMPROVEMENT ACT – MUST BE REASONABLE, LIMITED AND NOT UNDULY BURDENSOME – MEETS THE NEEDS OF PUBLIC HEALTH AND SAFETY – TAKES INTO ACCOUNT EXISTING INFRASTRUCTURE AND FUTURE DEVELOPMENT
NEEDS
RSIS WAIVERS • MUNICIPALITY OR DEVELOPER MAY REQUEST A WAIVER • DCA MAKES DECISION
– COMMISSIONER DETERMINES IF WAIVER IS JUSTIFIED WITHIN 20 DAYS – TECHNICAL COMMITTEE HAS 30 DAYS FROM COMMISSIONER’S REFERRAL TO ACT
• NJSME, NJSPE & NJ BUILDERS ASSN. – APPEAL TO SIAB WITHIN 10 BUSINESS DAYS
• HEARD AT REGULAR PUBLIC SESSION • DECISION WITHIN 10 DAYS OF HEARING
RSIS SPECIAL AREA STANDARDS – AGREEMENT TO EXCEED
• REVIEW BY SIAB • AGREEMENT TO EXCEED STANDARDS
– BOTH DEVELOPER AND MUNICIPALITY MUST AGREE – DEVELOPER MUST SUBMIT AGREEMENT TO DCA – DCA TO REVIEW FOR CONSISTENCY WITH ACT AND RULES
Subchapter 4 STREETS AND PARKING 5:21-4.1 Street Hierarchy • HIERARCHY IS DEFINED BY ROAD FUNCTION AND AVERAGE DAILY TRAFFIC
– ITE TRIP GENERATION STANDARDS – PICK ONE OF THE STREET TYPES IN TABLE 4.2 – The entire length of the street need not be designed based on the highest ADT – The municipality and the developer shall determine the highest order street – The size of the development – The actual or potential development of adjacent sites – The streets proposed for that area
• CARTWAY WIDTH IS DETERMINED BY PARKING AND CURBING REQUIREMENTS – BASED UPON INTENSITY OF DEVELOPMENT – INTENSITY IS BASED UPON UNITS PER ACRE – LOW <= 4, MEDIUM >4<=8, HIGH >8 – CURBING – BASED ON HEIRARCHY AND INTENSITY OF DEVELOPMENT
• GENERALLY REQUIRED IF PARKING IS ON STREET
SIDEWALKS • WHERE REQUIRED – TABLE 4.3
– MINIMUM LOT SIZE < 1 ACRE – WITHIN 2500’ OF RECREATIONAL, BUSINESS OR RETAIL USE OR SITE – PROPOSED STREETS CONNECT TO EXISTING STREETS WITH SIDEWALKS ON BOTH
SIDES, OR – MINIMUM LOT SIZE < 2 ACRES AND WITHIN 2 MILES OF SCHOOL
NUMBER OF PARKING SPACES • DETERMINED BY TABLE 4.4 • CONSIDER ACCESSIBLE SPACES • MAY CONSIDER OTHER REQUIREMENTS BASED ON LOCAL CONDITIONS
– MASS TRANSIT, URBAN VS. SUBURBAN, OFF SITE PARKING AVAILABILITY – MIXED USE SHARED PARKING ALLOWED
LAND USE² PEAK RATE
Single-family detached housing 10.1
Townhouse 5.9
Low-rise apartment 7.2
Mid-rise apartment 5.5
High-rise apartment 5.0
Mobile home park 5.0
Senior Adult Housing-Detached 3.7
Senior Adult Housing – Attached 3.5
Continuing-Care Retirement Community, Congregate Care, Assisted Living, and Other Age-Restricted Housing
2.8
Recreational homes (owner occupied) 3.2
TABLE 4.1 AVERAGE DAILY MOTOR VEHICLE TRAFFIC TRIP GENERATION PER DWEELING UNIT¹
NOTES: ¹The trip rates listed are guidelines only. The actual use of trip generation rates is derived by the use of regression analysis and should be computed only by professionals proficient in the use of the ITE Trip Generation manual. The “Land Use” definitions are based on the ITE manual, with slight modifications to address inconsistencies contained within the ITE manual.
²For two-family dwellings (duplexes), apply the values for single-family dwellings to each unit.
SOURCE: Institute of Transportation Engineers, Trip Generation (Washington, D.C.:ITE, 2003), 7th Edition. The peak ADT rates take into consideration Saturday and Sunday rates, as well as weekday rates.
STREET TYPE DESCRIPTION AVERAGE DAILY TRAFFIC
(maximum)
RESIDENTIAL ACCESS**
Lowest order, other than rural street type, of residential streets. Provides frontage for access to lots and carries traffic with destination or origin on the street itself. Designed to carry the least amount of traffic at the lowest speed. All, or the maximum number of housing units, shall front on this class of street. *Residential access streets of “loop” configuration, that is two ways out, should be designed so no section conveys an ADT greater than 1,500. Each half of a loop street may be classified as a single residential access street, but the total traffic volume generated on the loop street should not exceed 1,500 ADT, nor should it exceed 750 ADT at any point of traffic concentration.
1,500*
RESIDENTIAL NEIGHBORHOOD**
A type of residential access street conforming to traditional subdivision street design, and providing access to building lots fronting on a street, and parking on both sides of street. **Applicant may choose either the RESIDENTIAL ACCESS or the RESIDENTIAL NEIGHBORHOOD street type for new streets. See section 4.8(b) for specific right-of-way and cartway width requirements for new streets that are a continuation of an existing street.
1,500*
MINOR COLLECTOR
Middle order of residential street. Provides frontage for access to lots and carries traffic of adjoining residential access streets. Designed to carry somewhat higher traffic volumes than lower order streets such as rural and residential access streets, with traffic limited to motorists having origin or destination within the immediate neighborhood. Is not intended to carry regional traffic. Each half of a loop-configured minor collector may be classified as a single minor collector street, but the total traffic volume conveyed on the loop should not exceed 3,500 ADT, nor should it exceed 1,750 ADT at any point of traffic concentration.
3,500
MAJOR COLLECTOR
Highest order of residential streets. Conducts and distributes traffic between lower-order residential streets and higher-order streets -- arterials and expressways. Carries the largest volume of traffic at higher speeds. Function is to promote free traffic flow; therefore, parking should be prohibited and direct access to homes from this level of street should be avoided. Collectors should be designed so they cannot be used as shortcuts by non-neighborhood traffic.
7,500
TABLE 4.2 RESIDENTIAL STREET HIERARCHY DEFINITIONS
STREET TYPE DESCRIPTION AVERAGE DAILY TRAFFIC
(maximum)
SPECIAL-PURPOSE STREETS Rural Street
A rural street is a street that serves dwellings on lots that are one acre or greater, AND primarily serves as access to abutting building lots, AND has no on-street parking, AND has lot-to-street access designed so vehicles do not back out of lots onto the street. Rural streets shall only connect to rural streets, rural lanes, or mixed-use collectors. However, a rural street shall not connect two mixed-use collectors.
500
Rural Lane A rural lane is a street that serves dwellings on lots that are two acres or greater, AND primarily serves as access to abutting building lots, AND has no on-street parking, AND has lot-to-street access designed so vehicles do not have to back out of lots onto the street. Rural lanes shall only connect to rural streets, rural lanes, or mixed-use collectors. However, a rural lane shall not connect two mixed-use collectors.
200
Alley A service road that provides a secondary means of access to lots. On the same level as residential access street, but different standards apply. No parking shall be permitted; alleys should be designed to discourage through traffic.
500
Cul-de-sac¹ A street with a single means of ingress and egress and having a turnaround, the design of which may vary. A divided-type entrance roadway to at least the first cross street, with median of sufficient width to ensure freedom of continued emergency access by lanes on one side, shall not be considered part of a cul-de-sac. Parking lots with a single means of ingress and egress shall not be included within the definition of cul-de-sac.
250
Marginal Access Street
A service street that runs parallel to a higher order street and provides access to abutting properties and separation from through traffic. May be designed as residential access street or minor collector, according to anticipated daily traffic.
1,500 (residential access total) 3,500 (minor collector tool)
TABLE 4.2 continued. RESIDENTIAL STREET HIERARCHY DEFINITIONS
STREET TYPE DESCRIPTION AVERAGE DAILY TRAFFIC (minimum)
SPECIAL-PURPOSE STREETS
Divided Street Municipalities may require streets to be divided to provide alternate emergency access, protect the environment, or avoid grade changes. Design standards should be applied to the combined dimensions of the two street segments, as required by the street class.
Multifamily access cul-de-sac
A street with a single means of ingress and egress, which serves multifamily development, that provides a means for vehicles to turn around.
1,000
Multifamily court A street with a single means of ingress and egress, which serves multifamily development, that does not provide a means for vehicles to turn around. The length of multifamily courts is limited to 300 feet.
Note²
TABLE 4.2 continued. RESIDENTIAL STREET HIERARCHY DEFINITIONS
Notes: ¹Streets serving multifamily developments with a single means of ingress and egress shall be classified as multifamily access cul-de-sacs.
²There is no ADT limit for multifamily courts specified because the length of the court will effectively limit the ADT to acceptable levels.
STREET TYPEª TOTAL AVG.
DAILY TRAFFIC
TRAVELED WAY
NO. OF PARKING
LANES
PARKING LANE
WIDTH
CARTWAY WIDTH
CURB OR SHOULDER
SIDEWALK OR GRADED
AREA
RIGHT-OF-WAY WIDTH
RESIDENTIAL ACCESS a. Parallel Parking Low intensity
Medium intensity
High intensity (on street parking)
b. Nonparallel Parking
(all intensities)
One-side parking
Two-side parking
c. No Parking High Intensity (off-street parking)
1,500*
*(loop-750 each half)
21’
21’
21’
24’
24’
20’
1
1
1
1
2
0
7”
7”
7”
18’
36’
0’
28’
28’
28’
20’
None
Curb
Curb
Curb
Curb
None
1 SW 1 GA 2 SW
2 SW
2 SW
2 SW
2 SW
50’
50’
50’
54’
72’
50’
NEIGHBORHOOD (all intensities)
1,500 16’ 2 14’ 30’ Curb 2 SW 50’
b h
j i
n
n
c
TABLE 4.3 CARTWAY AND RIGHT-OF-WAY WIDTHS
STREET TYPEª TOTAL AVG.
DAILY TRAFFIC
TRAVELED WAY
NO. OF PARKING
LANES
PARKING LANE
WIDTH
CARTWAY WIDTH
CURB OR SHOULDER
SIDEWALK OR GRADED
AREA
RIGHT-OF-WAY WIDTH
MINOR COLLECTOR
Low intensity with no parking
Low intensity with one parking lane
Medium and high intensities with one parking lane
Medium and high intensities with two parking spaces
Medium and high intensities with off-street parking
3,500
20’
21’
21’
22’
22’
0
1
1
2
0
0’
7’
7’
14’
0’
20’
28’
28’
36’
22’
None
Curb
Curb
Curb
Curb or shoulder
1 SW 1 GA 1 SW 1 GA
S SW
2 SW
2 SW
50’
50’
50’
60’
50’
MAJOR COLLECTOR Low intensity
Medium and high intensities
7,500
24’
24’
0
0
0’
0’
24’
24’
None
Curb or shoulder
2 SW
2 SW
50’
50’ if curb, 54’ if shoulder
TABLE 4.3 Continued. CARTWAY AND RIGHT-OF-WAY WIDTHS
l l
d
l
b h
j i
STREET TYPEª TOTAL AVG.
DAILY TRAFFIC
TRAVELED WAY
NO. OF PARKING
LANES
PARKING LANE
WIDTH
CARTWAY WIDTH
CURB OR SHOULDER
SIDEWALK OR GRADED
AREA
RIGHT-OF-WAY WIDTH
SPECIAL PURPOSE STREETS
Rural street
Rural lane
Alley (one way)
Alley (two way)
Cul-de-sac (stem)
Marginal access street
Divided street
Multifamily access cul-de-sac
Multifamily court
500
200
250
1,000
Note
20’
18’
18’
0
0
0
0’
0’
0’
20’
18’
9’
18’
None
None
None
2 GA
2 GA
2 GA
40’
40’
11’
22’
TABLE 4.3 Continued. CARTWAY AND RIGHT-OF-WAY WIDTHS
p
k
k
f
g
m
e
hj i b
See Table 4.3 Notes on next slide
NOTES:
a See Table 4.2 for definitions of street hierarchy and N.J.A.C. 5:21-4.2 for definitions of low, medium, and high intensity of development. b Parking lane refers to parallel parking, except in the case of residential access streets with nonparallel parking, which have perpendicular
parking. c The 30’ cartway would accommodate two 7’ parking lanes and a 16’ traveled way. d 20’ minor collector cartways are permitted only when there is no direct driveway access to or from the street in question. e Cartway widths of cul-de-sac stems should conform to the applicable street type. Right-of-ways for cul-de-sac stems shall extend a
minimum of 8’ beyond the cartway. Cul-de-sacs shall provide for a cartway turning radius of 40’ and a right-of-way line 8’ beyond the edge of the cartway. No agreement to exceed the turning radius specified shall be executed pursuant to N.J.A.C. 5:21-3.6 for purposes of emergency vehicle access unless supporting documentation prepared by the planning or zoning board of adjustment engineer is submitted demonstrating that the specific emergency vehicle in question cannot negotiate this turn.
f Cartway and right-of-way widths of marginal access streets and right-of-way requirements should conform to standards of either residential access or minor collector streets, as dictated by average daily traffic. If the classification is a minor collector requiring a 36’ cartway, cartway width may be reduced to 28’, since frontage is restricted to one side of the street.
g Cartway widths of divided streets should conform to standards of street classification, as dictated by anticipated average daily traffic, and be applied as aggregate dimensions of two street segments. Divided streets shall be provided with cut-throughs at a maximum of 1,200’ intervals.
h See N.J.A.C. 5:21-4.3(c) for additional requirements. i Right-of-way width applies only to streets proposed for dedication as shown on approved plans. j See N.J.A.C. 5:21-4.5(b) for additional requirements. k Rural streets and rural lanes are permitted only within developments which do not exceed an average daily traffic count of 500 and 200,
respectively. l Municipalities may require additional cartway width for major or minor collectors which are part of a designated bicycle route as
indicated in the circulation part of the municipal master plan to make them consistent with the AASHTO guidelines for bicycle compatible streets.
m Cartway widths of multifamily cul-de-sac stems should conform to the applicable residential access street type. Cul-de-sacs shall provide for a cartway turning radius of 40’ or other suitable means for vehicles to turn around, such as hammerheads. Where not located on private property, a right-of-way line 8’ beyond the edge of the cartway shall be provided. No agreement to exceed the turning radius specified shall be executed pursuant to N.J.A.C. 5:21-3.6 for purposes of emergency vehicle access unless supporting documentation prepared by the planning or zoning board of adjustment engineer is submitted demonstrating that the specific emergency vehicle in question cannot negotiate this turn.
n Sidewalks provided for streets with nonparallel parking shall be placed in accordance with N.J.A.C. 5:21-4.5(e). o Cartway and right-of-way widths for multifamily courts shall comply with the design criteria for residential access streets, based on the
parking configuration. Multifamily courts need not be provided with a means for turning around; however, their length shall not exceed 300’.
p There is no ADT limit for multifamily courts; however, the length of a multifamily court is limited to 300’.
SPECIAL PURPOSE STREET: ALLEY
SPECIAL PURPOSE STREET:
CUL-DE-SAC
RURAL, RESIDENTIAL ACCESS AND
NEIGHBORHOOD
MINOR COLLECTOR
MAJOR COLLECTOR
MINIMUM GRADE 0.5% 0.5% 0.5% 0.5% 0.5%
MAXIMUM GRADE 15% 12% 12% 10% 8%
MAXIMUM GRADE OF SECONDARY STREET WITHIN 50’ OF INTERSECTION*
5% 5% 5% 5% 5%
MINIMUM CENTER-LINE RADIUS
100’ 100’ 100’ 150’ 300’
MINIMUM TANGENT LENGTH BETWEEN LENGTH-BETWEEN REVERSE CURVES
0’ 50’ 50’ 100’ 150’
CURB RADII 20’ 25’ 25’ 30’ 35’
TABLE 4.6 STREET GRADE, CURVE AND INTERSECTION DESIGN CRITERIA
STREET HIERARCHY
NOTE: *As measured from the nearest right-of-way line.
TYPE/SIZE HOUSING NUMBER OF RESIDENTS (gallons per day)
Single-family detached 2 bedroom 3 bedroom 4 bedroom 5 bedroom
2.13 3.21 3.93 4.73
215 320 395 475
Garden Apartment 1 bedroom 2 bedroom 3 bedroom
1.57 2.33 3.56
120 175 270
Townhouse 1 bedroom 2 bedroom 3 bedroom 4 bedroom
1.69 2.02 2.83 3.67
125 150 210 275
High Rise studio 1 bedroom 2 bedroom
1.07 1.34 2.14
80 100 160
Mobile Home 1 bedroom 2 bedroom 3 bedroom
1.73 2.01 3.47
130 150 260
RESIDENTIAL WATER DEMAND²
(daily)
TABLE 5.1 WATER DEMAND/GENERATION BY TYPE/SIZE OF HOUSING
NOTES: ²Based on 100 gallons per person per day for single-family detached units and 75 gallons per person per day for other housing types (rounded). SOURCE: U.S. Census, Public Use File-New Jersey (units built 1975-1980)
TOTAL HOUSES SERVED PEAK HOURLY RATES (GALLONS PER MINUTE PER HOUSE)
5 8.0
10 5.0
50 3.0
100 2.0
250 1.3
500 0.8
750 0.7
1,000 or more 0.6
TABLE 5.2 DESIGN STANDARDS FOR PEAK HOUR FLOW
(c) Valves, except on a permitted dead end, shall be located on distribution mains so that no more than one hydrant would be out of service as a result of a single water main break. They shall be located in all small branches off larger mains; and where eight- (8) inch or larger main lines intersect, a valve shall be located in each branch. At street intersections, valves shall be located near pipe intersections for ease in finding in the event of a water main break.
(d) In addition to the above requirements, water mains shall be valved so that not more than one-fifth of a mile would be affected by a single water main break. Geared valves on 16-inch mains or larger shall be furnished when required by the municipality.
(e) Gate valves shall be cast-iron body with double-disc gates, bronze mounted conforming to AWWA C500 or resilient-seated wedge, non-rising stem mechanical joint conforming to AWWA C509. Butterfly valves shall conform to AWWA C504. The type of valve to be used shall be as specified by the municipality or utility authority. Valve interior openings shall be full size, and valves on 16-inch mains or larger shall be geared and have suitable bypasses. Valve boxes shall be of the adjustable type with the cover marked “water” and direction of valve operation indicated.
(f) No pipe shall be placed on private property unless the owner of the land is to own or operate the pipe, or an easement deeded to the municipality or utility authority is obtained. All easements shall be a minimum of 20-feet wide unless depth of pipe, soil conditions, or additional utilities require wider. Where the easement is located adjacent to a right-of-way, the municipality or authority may approve a narrower easement.
(g) A building service connection shall be comprised of a corporation stop at the main, a curb stop, and a water meter. When the meter is located outside a building, an additional shut-off valve shall be installed on the discharge side of the meter. When the meter is located inside a building, valving shall be in accordance with the Plumbing Subcode of the Uniform Construction Code (N.J.A.C. 5:23-3.15). Curb stops and water meters shall be located as specified by the public or private water supplier.
1. Common water service connections shall be permitted where allowed by the Plumbing Subcode of the Uniform Construction Code (N.J.A.C. 5:23-3.15).
Subchapter 6: SANITARY SEWERS
Sanitary Sewer System For future development necessitate oversizing an agreement with the developer to
address the fair share of the costs. Sanitary sewer system will be provided to the area within a six-year period
System Planning, Design, and Placement Flow and design criteria set forth in N.J.A.C. 7:14A-23 Design and placement Near the centerline of the paved cartway, but at a five- (5) foot minimum from the
edge of the pavement. Sanitary sewer mains shall be a minimum of ten (10) feet from the right-of-way line.
Easements be a minimum of 20 feet wide for sanitary sewers. More than 15 feet deep, easements shall be a minimum of 30 feet wide.
Stormwater Management: Scope Stormwater management measures for major developments. Incorporating nonstructural stormwater management strategies into a design. For projects that fall below the threshold of major development, as defined, a municipality may require, by
ordinance, the control of runoff rate and routing from any site that is the subject of a site plan or subdivision application.
Nonstructural stormwater management strategies Protect areas; water-quality benefits Minimize impervious surfaces Maximize the protection of natural drainage Minimize the decrease in “time of concentration” Minimize land disturbance Minimize soil compaction; Provide low-maintenance landscaping Provide vegetated open-channel Provide preventative source controls Any land area used as a nonstructural stormwater management shall be dedicated to a government agency Guidance for nonstructural stormwater management New Jersey Stormwater Best Management Practices
Manual (hereafter Best Management Practices Manual), April 2004 edition. (g)
Stormwater Calculations: Runoff Estimation Techniques Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture (USDA) methodology of the TR-55 program (see (c)1.iii below) Rational and the Modified Rational
Methods (see (c)1.i and (c)1.ii, respectively, below). Easement minimum of 20 feet wide
Subchapter 7: STORMWATER MANAGEMENT
LAND-USE DESCRIPTION A B C D
Cultivated land: without conservation treatment with conservation treatment
0.49 0.27
0.67 0.43
0.81 0.61
0.88 0.67
Pasture or range land: poor condition good condition
0.38 N/A
0.63 0.25
0.78 0.51
0.84 0.65
Meadow: good condition N/A N/A 0.44 0.61
Wood or forest land: thin stand, poor cover, no mulch good cover
N/A N/A
N/A N/A
0.59 0.45
0.79 0.59
Open spaces, lawns, parks, golf courses, cemeteries: good condition, grass cover on 75% or more of area fair condition, grass cover on 50-75% of area
N/A N/A
0.25 0.45
0.51 0.63
0.65 0.74
Commercial and business areas (85% impervious) 0.84 0.90 0.93 0.96
Industrial districts (72% impervious) 0.67 0.81 0.88 0.92
Residential: Average lot size Average impervious 1/8 acre 65% 1/4 acre 38% 1/3 acre 30% 1/2 acre 25% 1 acre 20%
0.59 0.25 N/A N/A N/A
0.76 0.55 0.49 0.45 0.41
0.86 0.70 0.67 0.65 0.63
0.90 0.80 0.78 0.76 0.74
Paved parking lots, roofs, driveways, etc. 0.99 0.99 0.99 0.99
Streets and roads: paved with curbs and storm sewers gravel dirt
0.99 0.57 0.49
0.99 0.76 0.69
0.99 0.84 0.80
0.99 0.88 0.84
TABLE 7.1 TYPICAL RUNOFF COEFFICIENTS (c VALUES) FOR 100-YEAR FREQUENCY HYDROLOGIC SOIL GROUP
CLARIFICATIONS Length of Cull-De-Sacs Rural Streets and Lanes Development Proceeding June 3, 1997 Minor Subdivisions Design Options
Map Filing Law
Dimensions All natural and artificial watercourses All permanent easements It shall conform to technical design controls
Wetlands "Category one waters" "Conservation restriction or easement“ "Contiguous“ "Forested" "FW" "FW1 waters“ "FW2 waters“ “Historic preservation restriction or easement” "Project“ "Property as a whole“ "Site"
FLOOD PLAIN The riparian zone A riparian zone exists along every regulated water, except there is no riparian zone along the Atlantic Ocean nor along any
manmade lagoon, stormwater management basin, or oceanfront barrier island, spit or peninsula. The riparian zone includes the land and vegetation within each regulated water described in (a) above, as well as the land and
vegetation within a certain distance of each regulated water as described in (c) below. The portion of the riparian zone that lies outside of a regulated water is measured landward from the top of bank. If a discernible bank is not present along a regulated water, the portion of the riparian zone outside the regulated water is measured landward as follows:
– Along a linear fluvial or tidal water, such as a stream, the riparian zone is measured landward of the feature's centerline; – Along a non-linear fluvial water, such as a lake or pond, the riparian zone is measured landward of the normal water surface
limit; – Along a non-linear tidal water, such as a bay or inlet, the riparian zone is measured landward of the mean high water; and – Along an amorphously-shaped feature, such as a wetland complex, through which a regulated water flows but which lacks a
discernible channel, the riparian zone is measured landward of the feature's centerline. – The width of the riparian zone along each regulated water described in (a) above is as follows: – The riparian zone is 300 feet wide along both sides of any Category One water, and all upstream tributaries situated within
the same HUC-14 watershed; – The riparian zone is 150 feet wide along both sides of the following waters not identified in (c)1 above:
Any trout production water and all upstream waters (including tributaries); Any trout maintenance water and all upstream waters (including tributaries) within one linear mile as measured along
the length of the regulated water; Any segment of a water flowing through an area that contains documented habitat for a threatened or endangered
species of plant or animal, which is critically dependent on the regulated water for survival, and all upstream waters (including tributaries) within one linear mile as measured along the length of the regulated water; and
Any segment of a water flowing through an area that contains acid producing soils; and – The riparian zone is 50 feet wide along both sides of all waters not identified in (c)1 or 2 above.
The riparian zones established by this chapter are separate from and in addition to any other similar zones or buffers established to protect surface waters. For example, the Stormwater Management rules at 7:8 and the Highlands Water Protection and Planning Act rules at 7:38 establish 300-foot Special Water Resource Protection Areas and buffers, respectively, along certain waters. Furthermore, the Freshwater Wetlands Protection Act rules at 7:7A establish 50-foot and 150-foot transition areas along freshwater wetlands and other features that are also regulated under this chapter. Compliance with the riparian zone requirements of this chapter does not constitute compliance with the requirements imposed under any other Federal, State or local statute, regulation or ordinance.
Highlands
“Forest” means a biological community as determined by the method set forth at N.J.A.C. 7:38-3.9.
"Highlands open waters" means all springs, streams including intermittent streams, wetlands, and bodies of surface water, whether natural or artificial, located wholly or partially within the boundaries of the Highlands Region, but shall not mean swimming pools.
"Impervious surface" means any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, and includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures, and other similar structures, surfaces, or improvements.
"Property as a whole" means all lots assembled as one investment or to further one development plan. The property as a whole may include more than one municipal tax block or lot. The property as a whole may also include blocks or lots that were previously sold or developed, if those blocks or lots and the remaining unsold or undeveloped blocks or lots were part of one.
“Steep slope” means a land area with a grade greater than 10% and includes but is not limited to natural swales, ravines and manmade areas such as those created for road grading or mining for sand, gravel or fill.
“Upland forested area” means a biological community that is a “forest” and that is not a Highlands open water.
PINELANDS "Development" means the change of or enlargement of any use or disturbance of any land, the performance of any
building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights including, but not limited to: 1. A change in type of use of a structure or land; 2. A reconstruction, alteration of the size, or material change in the external appearance of a structure or land; 3. A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land; 4. Commencement of resource extraction or drilling or excavation on a parcel of land; 5. Demolition of a structure or removal of trees; 6. Commencement of forestry activities; 7. Deposit of refuse, solid or liquid waste or fill on a parcel of land; 8. In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and 9. Alteration, either physically or chemically, of a shore, bank, or flood plain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
"Development, major" means any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.
"Subdivision" means the division of a parcel of land into two or more lots, tracts, parcels or other divisions of land. The following shall not be considered subdivisions within the meaning of this Plan, if no development occurs or is proposed in connection therewith: 1. Divisions of property by testamentary or intestate provisions; 2. Divisions of property upon court order; and 3. Conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision".
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