Landscaping of required buffers and screens shall take into account the opportunities presented by existing site features. Screening, where required, shall be achieved by fencing, earth forms and plantings applied singly or in combination, as necessary. Landscaping used for buffering purposes shall be compatible in scale and character with the surrounding prevailing landscape and project features and shall be designed as part of the overall landscaping plan.
The landscaping plan shall be compatible with the soil erosion and sedimentation control plan.
Soil removal shall be in accordance with provisions of Chapter XX, of the Revised General Ordinances of the Borough of Roseland.
a. All development plans shall include a grading plan which provides for a minimum amount of soil to be removed from or brought to the site.
b. No topsoil shall be removed from any lot or lots unless certified as excess (more than four (4) inches) in writing by the Borough Engineer. All topsoil so removed shall be placed elsewhere within the Borough.
a. All graded or stripped areas shall be stabilized by four (4) inches of topsoil and seeding or other landscaping. Exposed rock may be left in its natural state if it can be demonstrated that the rock face will remain stable.
b. All areas shown on the plan shall be graded to ensure that surface water flow is away from buildings and pedestrian walkways in accordance with the approved drainage plan.
c. Surfaces shall be designed to reduce maintenance requirements and allow the cutting of grass and cleaning of drainage swales and ditches without special equipment.
d. Wherever a change in final grade results in slopes in excess of 2:1 (other than a stable rock face) or wherever it is determined that slopes will not be stable or that erosion will occur retaining walls shall be used which shall be of a permanent, maintenance free design.
Prior to the issuance of a construction permit, detailed grading plans shall be provided for review by the Borough Engineer. No certificate of occupancy shall be issued until the Borough Engineer is satisfied that final grading has been completed in accordance with the detailed grading plans.
a. No tree with a diameter in excess of six (6) inches (D.B.H.) shall be removed if located a distance greater than twenty-five (25) feet from any construction unless approved by the Board.
b. All areas of tree removal shall be indicated on the development plan.
c. All provisions of any other applicable ordinance of the Borough of Roseland regulating the removal of trees shall be complied with.
a. Treed areas to remain shall be protected physically during construction, the method of protection to be approved by the Board.
b. Wherever grading results in fill being placed around the base of any tree that is to remain, a tree well shall be provided.
a. When a development plan incorporates open space, the applicant may, if both the applicant and the Borough agree, deed the open space to the Borough. If the development plan incorporates multiple ownership such as a cooperative or a condominium, any open space not deeded to the Borough shall be owned and maintained by an Association.
b. As part of the application for any site plan incorporating open space, a maintenance agreement shall be submitted to the Board for review and approval.
a. The use of land for active recreation shall be limited to those areas where topographic features will allow such use without extensive grading and removal of natural vegetation. While the specific usage shall be determined by the applicant, the recreational facilities provided should be suitable for use by the anticipated occupants of the development and should augment and not duplicate existing Borough recreational facilities in the vicinity of the tract if such facilities adequately serve the proposed development.
b. Passive open space should be left in its natural state, augmented for erosion control and aesthetic value by landscaping. Particular effort should be made to reduce future maintenance requirements. Improvements should be limited to pedestrian circulation, picnic areas, and similar uses:
c. Plans, specifications and manufacturers' catalogue cuts of any proposed recreational improvements or equipment shall be included for the Board's review prior to final approval of the site plan.
a. The development plan shall show the total number of off-street parking spaces required for the use or combination of uses indicated in the application. The schedule below represents standards acceptable to the Borough. Since a specific use or combination of uses may generate a parking demand different from those enumerated below, documentation and testimony may be presented to the Board as to the anticipated parking demand. Based upon such documentation and testimony, the Board may:
1. Allow construction of a lesser number of spaces, provided that adequate provision is made for construction of the required spaces in the future.
2. In the case of nonresidential uses, require that provision be made for the construction of spaces in excess of those required hereinbelow, to ensure that the parking demand will be accommodated by off-street spaces.
3 Allow the: joint or shared use-of parking for multiple uses: with different peak parking demands.
d. General Requirements.
1. For each dwelling unit in a nonresidential district, two (2) off-street parking spaces shall be provided.
2. Permitted nonresidential uses in all residential districts shall be provided with one (1) off-street parking space for every two hundred (200) square feet of floor area, or any fraction thereof, of any building area so used.
3. Any building containing more than one (1) use shall meet the combined parking space requirements for all uses in the building, except as provided in paragraph a. above.
4. No change in use within a building shall be allowed unless it can be shown sufficient parking is available for the new use on the site.
5. For each use, handicapped parking shall be required as a portion of the required parking in accordance with the Barrier-Free Design Regulations, as amended, promulgated by the State of New Jersey. (Ord. No. 23-1997 § IV)
1. Off-street parking is permitted in any side or rear yard provided said spaces shall not be closer than five (5) feet from the property line.
2. For the purpose of administering this provision, any driveway that connects the abutting street with a garage servicing a detached or single-family attached dwelling can be used to meet the required off-street parking provision.
1. All required off-street parking shall be located on the same lot as the use requiring the parking except as allowed below and as specifically approved by the Board.
2. In the B-1 Zone only, the applicant may request the Borough, and the Borough may agree, to construct the required parking, whether on or off-site, provided that the applicant pay the full cost of the construction, and further provided that all parking spaces will be located within five hundred (500) feet of the building to be served.
3. Any owner or group of owners of two (2) or more nonresidential buildings or uses located in the same block in a B-1 Zone may jointly sponsor the construction of off-street parking facilities, whether on or off-site, provided that: all other applicable requirements of this subsection are met; and further provided that the parking facilities, the buildings and the uses are located on the same block; and further provided that the parking facilities are located on the same side of the street and are not separated by any street; and further provided that no participating use is further than three hundred (300) feet from the edge of the parking area serving it.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 5-2008.
4. Off-street parking is permitted in any front, side and rear yard pursuant to a plan approved by the Board.
The provisions of Section 30-520 above shall not apply to the continuation of any lawfully nonconforming building or use in existence as of May 29, 1979, so long as its current use is not substantially changed. If the building or use shall be substantially changed to the extent that this chapter requires more parking, then the applicant shall provide that additional parking equal to the differential between that required by the proposed use or building in existence when this chapter was enacted. No additional parking requirements shall prevent or preclude the repair, reconstruction or rebuilding of existing nonconforming off-street parking facilities.
If any applicant can clearly demonstrate to the Planning Board that because of the nature of his operation or use the parking requirements of this subsection are unnecessary or excessive, the Planning Board shall have the power to approve a site plan showing less paved parking area than is required by this subsection; provided, however, that a landscaped area of sufficient size to meet the deficiency shall be set aside and reserved for the purposes of meeting future off-street parking requirements in the event that a change of use of the premises shall make such additional off-street parking space necessary. Anything in this subsection to the contrary notwithstanding no certificate of occupancy shall be valid except for the particular use for which it was issued, and any change on any premises previously improved under this paragraph shall only be permitted after a new site plan shall have been submitted to and reviewed and approved by the Board. All parts of any yards not used for off-street parking area shall be adequately landscaped, subject to approval by the Board and maintained in good condition.
a. Number of Spaces.
In all zone districts, for every building, or part thereof, hereafter erected, which is to be occupied for manufacturing, storage, display of goods, retail sales, wholesale or warehouse, market, hospital for humans, laundry, dry cleaning establishment, or other use requiring the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained on the same premises with such use, at least, one off-street loading space.
b. Location.
Loading areas shall be located in side or rear yards only and shall be designed so that no portion of a vehicle shall extend over a public right-of-way during loading or unloading activities.
c. No part of an off-street loading space shall be nearer than 25 feet to any property line.
The following agreements shall be provided by the applicant for review and comment or approval by the Board. These agreements shall be part of the final site plan submission, but may be submitted for discussion prior to the final submission.
The applicant shall prepare a Developer's Agreement in a form acceptable to the Borough. This agreement shall set forth the bonding and inspection fee requirements, the period required for the completion of public improvements, and any conditions set forth in the resolutions of preliminary and final approval.
For property to be transferred to the Borough and for all easements shown on the site plan and requested by the Board, the applicant shall prepare all necessary deeds of transfer of title and/or easements in a form acceptable to the Borough. These deed(s) shall be accompanied by a map drawn to the scale of the Borough's tax maps showing proposed lot lines, easements and lot numbers.
If any site plan is approved which involves lands in common ownership, or common elements, the applicant shall establish an organizations) to own and maintain such common lands and elements. Those documents establishing said organization(s) shall include the following provisions:
a. Membership in any created organization by all property owners with the right of enjoyment of all common lands and/or common elements shall be mandatory. Such required membership in any created organization and the responsibilities upon the members shall be in writing between the organization and the individual in the form of a covenant with each member agreeing to his liability for his pro rata share of the organization's costs and providing that the Borough shall be a third party beneficiary to such covenant entitled to enforce its provisions. The terms and conditions of said covenant shall be reviewed by both the Borough Attorney and the Planning Board Attorney prior to final approval.
b. Executed deeds transferring title of common land and/or common elements to the organization shall be tendered to the Borough simultaneously with the granting or as a condition of final approval stating that the prescribed use(s) of the lands in common ownership shall be absolute and not subject to reversion for possible future development for the Board's review. Final approval of the site plan shall expire ninety-five (95) days from the date of decision unless within such period the plat and all related deeds and easements shall have been duly filed by the developer with the County Recording Officer.
c. The organization shall be responsible for liability insurance, municipal taxes, maintenance of land and any facilities that may be erected on any land deeded to the organization and shall hold the Borough harmless from any liability relating to other common lands or common elements.
d. Any assessment levied by the organization may become a lien on the private properties in the development. The duly created organization shall be allowed to adjust the assessment to meet changing needs and any deeded lands may be sold, donated or in any other way conveyed to the Borough for public purposes only, but only if agreed to by the Borough.
e. The organization initially created by the developer shall clearly describe in its bylaws the rights and obligations of any owner and tenant in the development, along with the covenant and model deeds and the articles of incorporation of the association, prior to or as a condition of final approval by the Borough.
f. Part of the development proposals submitted to and approved by the Borough shall be the provisions to insure that control of the organization will be transferred to the individual owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the bylaws that the organization shall have the maintenance responsibilities for all lands to which they hold title in accordance with subsection 30-521.4 below.
a. Any site plan which incorporates open space and/or private roads entirely owned by the individual, partnership or corporation (other than a homeowner's, cooperative or condominium association) shall enter into a Maintenance Agreement with the Borough subject to the conditions set forth below.
b. Any site plan which incorporates open space, land in common ownership or common elements shall establish an organization to maintain such common lands and elements in accordance-with law. Such organization shall not be dissolved, nor shall it sell or otherwise dispose of said common lands or elements except to another organization which is conceived and established to own and maintain said common lands and elements. Said organization shall enter into a Maintenance Agreement with the Borough subject to the conditions set forth below.
c. In the event that the owner or organization shall fail to maintain the open space or common elements in reasonable order and condition, the Borough Council may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization or owners have failed to maintain the open space in reasonable condition, and demanding that any deficiencies be remedied within thirty-five (35) days. This notice shall also state the date and the place of a hearing thereon which shall be held within fifteen (15) days of the date of the notice. At such hearing, the Borough Council may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modification thereof shall not be corrected within thirty-five (35) days of the date of the notice or within the period of any extension granted, the municipality, in order to preserve the open space or common elements and maintain the same for a period of one (1) year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space or common elements except when the same is voluntarily dedicated to the public by the organization or owners. Before the expiration of said year, the Borough Council shall, upon the request of the organization therefore responsible for the maintenance of the open space or common elements, call a public hearing upon fifteen (15) days notice to such organization or owners of the development, to be held by the Borough Council at which hearing such organization or owners of the development shall show cause why such maintenance by the municipality shall not, at the discretion of the municipality, continue for a succeeding year. If the Borough Council shall determine that such organization is ready and able to maintain such open space or common elements in reasonable condition, the municipality shall cease to maintain said open space or common elements at the end of said year. If the Borough Council shall determine such organization is not ready and able to maintain said open space of common elements in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space or common elements during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Borough Council in any such case shall constitute a final administrative decision subject to judicial review.
The cost of such maintenance by the municipality shall be assessed ratable against the properties within the development that have a right of enjoyment of the open space or common elements, and shall become a tax lien on said properties. The municipality, at the time of entering upon said open space or common elements for the purpose of maintenance, shall tile a notice of such lien in the office of the County Clerk upon the properties affected by such lien within the development and the same shall be discharged by the municipality upon payment as with other liens.
