The Township of East Brunswick was established in 1860. Since January 1, 1965, the
ARTICLE V Vacation of Streets and Other Public Rights-of-Way
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ARTICLE V Vacation of Streets and Other Public Rights-of-Way [Added 10-24-83 by Ord. No. 83-539] & 189-30. Mandatory Procedures on Vacations of Streets and Other Public Rights-of-Way. W henever there shall have been a dedication of land as a public street or other public right-of-way in accordance with N.J.S.A. 40:67-19 and the same has not been accepted or opened by the Township of East Brunswick and the governing body shall have received a request to vacate and extinguish the public right arising from such dedication, the procedures in this Ordinance shall be followed and are deemed to be mandatory. The request to vacate shall be transmitted to the Director of the Department of Planning and Engineering who shall make or cause to be m ade a visual inspection of the lands which are proposed to be vacated. He/she shall submit a report to the East Brunswick Planning Board based upon his/her findings which shall include a review of tax maps and title information to the extent available. [Amended 4-24-89 by Ord. No. 89-12] The Planning Board, in its discretion, may hold a hearing as to the proposed vacation upon giving written notice to all persons residing or owning property within 1000 feet of the lands to be vacated which notice shall be either by personal service or certified mail, return receipt requested. The Planning Board shall recommend to the Township Council either that the request to vacate be granted or that it be denied, setting forth its findings. If the Planning Board recom m ends that the street or public right-of-way be vacated, the Township Council may, at its discretion, adopt an ordinance proposing the vacation of the lands in question subject to state statutes. 18911
1-09 & 189-30 EAST BRUNSWICK CODE & 189-32 At least one (1) week prior to the date set for second reading of the ordinance, the Township Clerk shall mail by ordinary mail a copy of the ordinance adopted on first reading to all persons residing or owning land within 1000 feet of any portion of the lands to be vacated and the Township Council may, in its discretion, adopt or refuse to adopt the ordinance on second reading.
No ordinance vacating a public street or other right-of-way shall be deemed to have been completed until the vacation ordinance and the map showing the area which has been vacated shall have been recorded by the Township Clerk in the Middlesex County Clerk's Office. & 189-32. Reimbursement. If a request to vacate a public street or other right-of-way has been made by a property owner or property owners, such property owner or property owners shall, on a pro rata basis, reimburse the Township for all mailing and publication costs incurred by the Township. 18912 6-89
DESIGN GUIDELINES & STANDARDS CHAPTER 192 DESIGN GUIDELINES & STANDARDS Article I General Design Guidelines and Standards & 192-1. Purpose. & 192-2. Requirements. & 192-3. Responsibility for Design. & 192-4. Waiver of Requirement. & 192-5. Definition. Article II Design Objectives & 192-6. Site Analysis. & 192-7. Building and Parking Layout. & 192-8. Access to Streets. & 192-9. Environmental Features, Grading. & 192-10. Street System. & 192-11. Parking. & 192-12. Lighting. & 192-13. Buffering. & 192-14. Landscaping. & 192-15. Drainage and Utilities. & 192-16. Refuse Disposal and Storage. & 192-17. Signs. 19201
3-92 EAST BRUNSWICK CODE Article III Subdivision Design Review Standards & 192-18. General. & 192-19. Development Pattern. & 192-20. Internal Streets. & 192-21. Blocks. & 192-22. Lot Dimensions. & 192-23. Environmentally Sensitive Areas. & 192-24. Open Spaces. & 192-25. Easements. Article IV Design and Performance Standards & 192-26. Aprons. & 192-27. Bikeways. & 192-28. Buffers. & 192-29. Building Exteriors. & 192-30. Clearing. & 192-31. Critical Areas. & 192-32. Curb And Gutters. & 192-33. Driveways. & 192-34. Easements. & 192-35. Grading of Land. & 192-36. Guiderails. & 192-37. Homeowners Association. & 192-38. Landscaping. 19202
3-92 DESIGN GUIDELINES & STANDARDS & 192-39. Lighting. & 192-40. Loading Areas. & 192-41. Monuments. & 192-42. Open Spaces. & 192-43. Parking Areas. & 192-44. Public Utilities. & 192-45. Retaining Walls. & 192-46. Screening. & 192-47. Sewage Collection and Disposal Systems. & 192-48. Shade Trees. & 192-49. Sidewalks. & 192-50. Sight Easements. & 192-51. Soil Erosion and Sediment Control. & 192-52. Solid Waste Storage and Disposal. & 192-53. Storm Drainage Facilities. & 192-54. Street Lighting. & 192-55. Street Signs. & 192-56. Streets and Highways. & 192-57. Topsoil Protection. & 192-58. Water Supply Systems. [HISTORY: Adopted by the Township Council of the Township of East Brunswick on 11-12-91 by Ord. No. 91-110. It replaced the existing Chapter 192, Subdivision of Land, and its ordinances. Other amendments noted where applicable.] 19203
3-92 & 192-1 EAST BRUNSWICK CODE & 192-2 GENERAL REFERENCES Administration of Government - See Ch. 3. Architectural review - See Ch. 49. Uniform construction codes - See Ch. 75. Building contractors - See Ch. 78. Fire prevention - See Ch. 101. Housing standards - See Ch. 126. Land use procedures - See Ch. 132. Individual sewage disposal systems - See Ch. 174. Sewer connections - See Ch. 177. Soil removal - See Ch. 185. Streets and sidewalks - See Ch. 189. W ater - See Ch. 218. Zoning - See Ch. 228. ARTICLE I General Design Guidelines and Standards & 192-1. Purpose. The purpose of this chapter is to provide guidelines and standards for site plan, P.U.R.D. and subdivision design and associated improvements, and to guide the approving authority in the promotion of the public health, safety, morals and general welfare. In accordance with N.J.S.A. 40- 55D-2 municipalities are permitted to adopt regulations which will promote a desirable visual environment through creative development techniques and good civic design and arrangements. & 192-2. Requirements. [Amended 8-25-97 by Ord. No. 97-25] Effective June 3, 1997 certain site improvements as specified by state statute and associated with residential site plans, subdivisions or P.U.R.D.'s shall be regulated by the Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter 21). Any required improvements not provided for within this chapter shall be designed in accordance with professionally recognized design standards and constructed in accordance with accepted engineering and planning practice. Prior agreement between the approving authority and the applicant shall be provided for standards not covered in this ordinance. Except for those site improvements associated with residential development and governed by the provisions of the Residential Site Improvement Standards (N.J.A.C. Title 5, Chapter 21) should it be demonstrated that the minimum requirements herein, in a particular situation are not adequate to protect the public health, safety and welfare of the citizens of the township the approving Board may apply more stringent requirements based on the advice of its professionals and accepted engineering and planning practice. 19204 11-97
& 192-3 DESIGN GUIDELINES & STANDARDS & 192-3 & 192-3. Responsibility for Design. The developer shall be responsible for and bear the entire cost of any and all investigations, tests, reports, surveys, samples, calculations, environmental assessments, designs, researches or any other activity necessary for the completion of the design. In those cases not covered by these standards, sufficient precautions shall be taken to assure that the design implements the purposes of this chapter, the Zoning Ordinance and the Township Master Plan. Any decision of the Planning or Zoning Board regarding the suitability or sufficiency of any design proposal, taken upon advice of its professionals and subject to the provisions of this ordinance, shall be deemed conclusive and shall govern. 19205
3-92 & 192-4 EAST BRUNSWICK CODE & 192-7 & 192-4. Waiver of Requirement. [Amended 8-25-97 by Ord. No. 97-25] The rules, regulations and standards set forth in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the township. However, if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of this chapter is impracticable or will exact undue hardship, the Planning or Zoning Board may permit such exemption(s) and waiver(s) as may be reasonable, within the general purpose and intent of the rules, regulations and standards established by this chapter, the Township Zoning Ordinance and Township Master Plan. W aivers of Residential Site Improvement Standards shall follow the procedures outlined in N.J.A.C., Title 5, Chapter 21.
Design objectives provide a framework for sound planning while design standards set forth specific improvement requirements. All other words and phrases are defined in Township Code 132-3, Definitions. ARTICLE II Design Objectives In project design and in reviewing all development applications, the following principles of subdivision and site design shall apply: & 192-6. Site Analysis. Assessment of site characteristics, such as general site condition; geology and soil; topography; climate; ecology; existing vegetation, structures and road networks; environmental features; visual features; adjacent sites and uses; environmental hazards, such as noise, pollution, etc. and past and present use of the site.
The design layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design as well as an efficient arrangement. Particular attention shall be given to public safety and emergency vehicle accessibility, impact on surrounding development and contiguous and adjacent buildings and lands. Streets, lots, parking areas, and buildings shall be designed and arranged to reduce unnecessary impervious cover and to mitigate adverse effects of shadow, noise, odor, traffic, glare, drainage and utilities on neighboring properties. Buildings shall be spaced so that adequate privacy and security is provided. Pedestrian and vehicular traffic movements within and adjacent to the site shall be planned with particular emphasis on the provision of, and efficient layout of, parking areas, off-street loading and unloading, safe movement of people, goods and vehicles from access roads within the site, between buildings and between buildings and vehicles. On each application for site plan approval the Planning Board shall determine where parking islands are required in parking lots. In arriving at its determination, the Planning Board shall consider internal traffic circulation, protection for lighting stanchions, sign and other structures, size of the proposed paved portion of the parking lot, intensity of use of facility, desirability of landscaping islands and overall safety of the area. 19206 11-97
& 192-8 DESIGN GUIDELINES & STANDARDS & 192-13 & 192-8. Access to Streets. Access to the site from adjacent streets shall be designed so as to interfere as little as possible with traffic flow on these streets and to permit vehicles rapid and safe ingress to and egress from the site. & 192-9. Environmental Features, Grading. Locate development to preserve the natural features of the site, to preserve areas of environmental sensitivity and to minimize negative impacts and alteration of natural features. Design buildings, lots and sites to reduce cut and fill, to avoid flooding and adversely affecting ground water quality and aquifer recharge. Conservation easements may be required along drainage and stormwater courses and around ponds, marshes, bogs, streams and other watercourses and along steep slopes or around significant stands of trees. Such easements are intended to preserve the stabilizing vegetation to prevent erosion. & 192-10. Street System. Design street system to permit the safe, efficient and orderly movement of traffic. Design the street system to have a logical pattern; to respect natural features and topography; and to present an attractive streetscape. & 192-11. Parking. A sufficient number of on-site parking spaces shall be provided to avoid parking congestion on adjacent sites and streets. Parking stalls shall be sized to provide sufficient space for access to vehicles without damage to property. & 192-12. Lighting. Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Directional lights shall be arranged so as to minimize glare and reflections on adjacent properties. & 192-13. Buffering. Buffering shall be located around the perimeter of the site to minimize offsite glare from headlights of vehicles, noise, light from structures, to screen the movement of people and vehicles, and to shield activities from adjacent properties when necessary. Buffering serves as a protective barrier and serves to reduce air pollution, dust and litter. Buffering shall provide a year-round visual screen in order to minimize adverse impacts between adjacent properties. Buffering may consist of fencing, berms, evergreens, shrubs, bushes, deciduous trees or combinations thereof to achieve the stated objectives. 19207 3-92
& 192-14 EAST BRUNSWICK CODE & 192-17 & 192-14. Landscaping. W hereas it has been noted that well designed landscape plantings and existing natural landscaping can reduce air pollution; regulate solar radiation and wind control; influence the type and speed of pedestrian and automobile traffic flow; cut visual discomfort by screening out glare and reflection; prevent soil erosion; and produce an aesthetic appearance, it is the intent of this ordinance to provide proper guidelines and specifications for preserving the natural character of the land and vegetation consistent with the legal and purposeful use and development of all residential, commercial and industrial land. Landscaping shall be provided as part of the overall site design and shall be integrated into building arrangements, topography, parking and buffering requirements. Landscaping shall include trees, bushes, ground cover, perennials, annuals, plants, sculpture and art in an imaginative manner. Landscaping shall be provided in public areas, on recreation sites, and adjacent to buildings to screen parking areas, to mitigate adverse impacts, and provide windbreaks for winter winds and summer cooling for buildings, streets, and parking. Plants or other landscaping material selected shall best serve the intended function, and shall represent materials appropriate for local soil conditions, water availability, and environment. Plant material used should not be of an exotic variety requiring substantial maintenance or material highly subject to pollution, salt damage along highways and current insect disease manifestations. The type and amount of landscaping shall vary with the type of development, and shall be used to accent site entrances with special landscaping treatment. The impact of any proposed landscaping plan at various seasonal time intervals shall be considered. & 192-15. Drainage and Utilities. Storm drainage facilities shall be an integral part of the development, and shall be arranged to utilize as m uch of the natural drainage pattern as possible. Storm drainage, sanitary waste disposal, water supply, garbage disposal and public utilities shall be reviewed and considered. Particular emphasis shall be given to the adequacy of existing systems, and the need for improvements, both on-site and off-site, to adequately and safely carry run-off and sewage, and to m aintain an adequate supply of water at sufficient pressure and quality. Utilities shall be located underground so as not to affect the streetscape. & 192-16. Refuse Disposal and Storage. Refuse disposal shall be reviewed to ensure frequent collection, vermin and rodent protection and aesthetic considerations.
Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians. 19208 3-92
& 192-18 DESIGN GUIDELINES & STANDARDS & 192-22 Article III Subdivision Design Review Standards & 192-18. General. The subdivision plat shall conform to design standards that will encourage good development patterns within the municipality. W here either, or both, an Official Map or Master Plan has or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. Streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted Master Plan or Official Map shall be considered in the review and approval of subdivision plats. W here no Master Plan or Official Map exists, streets and drainage rights-of-way shall be shown on the final plat in accordance with N.J.R.S. 40:55D-41 and 40:55D-44 and shall be designed so as to lend themselves to the harmonious development of the municipality and enhance the public welfare in accordance with the design standards in the following sections. & 192-19. Development Pattern. The arrangements and right-of-way widths of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.
Minor streets shall be designed to discourage through traffic; the right-of-way width shall be measured from lot line to lot line; and the Planning Board shall determine the width of the public right-of-way and paved portion thereof. In no event shall the width of the right-of-way be less than fifty (50) feet and the width of the paved portion less than thirty (30) feet. All streets, whether private or public, shall meet the minimum standards for public streets set forth in this Chapter and in the Master Plan. Subdivisions which adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of Township Codes shall dedicate additional width along either one (1) or both sides of the street. If the subdivision is along one (1) side only, one-half (1/2) of the required extra width shall be dedicated. The arrangem ent of streets shall conform to the circulation element of the Master Plan or Official Map for the community.
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