Township of Elk, NJ
Gloucester County
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Table of Contents
Table of Contents

§ 96-45 General.

No plan shall be approved by the Planning Board unless the use meets the performance standards herein set forth and such state or federal standards as may be more stringent than those set forth herein. Failure to comply with the performance standards at any time after the issuance of a certificate of occupancy shall be cause for revocation of such certificate. Application of these plan standards should also encourage cost-efficient methods and designs to enable the construction of low- and moderate-income housing without creating an adverse impact on the public health, safety and general welfare of the Township or for the future residents of the development. In reviewing any plan, the Planning Board shall consider those elements as specifically noted in § 96-46 through § 96-64.

§ 96-46 Animals on lots.

[Added 6-3-2004 by Ord. No. O-2004-5; amended 8-3-2006 by Ord. No. O-2006-2]
A. 
One large animal for the personal use of the occupants of a residence may be maintained on a lot, provided that the lot is at least two acres in size excluding the building lot area requirements for a residential dwelling. Each additional large animal must have an additional 1/2 acre, up to 100 acres. For over nine large animals the use must meet the land area requirement for a defined farm use. Acreage requirements for small animals shall be 50% of that for large animals. All of the above required acreage shall be available for the normal habitat of the animals of which none of that area shall be required in a front yard.
B. 
Commercial piggeries/swine farms are prohibited throughout the Township in accordance with § 96-82H.
C. 
No structures for animals or poultry other than fencing or grazing land shall be closer than 50 feet from any nonresidential property or street line.
D. 
No structures for animals or poultry other than fencing or grazing land shall be closer than 75 feet from any residential property line.

§ 96-47 Buffers.

[Added 6-3-2004 by Ord. No. O-2004-5; amended 2-3-2005 by Ord. No. 01-2005-1]
The following distances shall be required between uses in addition to any minimum yards:
Existing Zone or Use
Under 1 Acre Single-
Family Detached
Over 1 Acre Single-
Family Detached
Other Residential
Commercial/
Retail
Office
Industrial/
Manufacturing
Proposed
Use
Under 1 acre single-family detached
25
50
40
50
30
75
Over 1 acre single-family detached
25
25
25
50
30
50
Other Residential
50
50
25
50
30
50
Commercial Retail
50
50
50
10
20
25
Office
50
50
50
20
10
25
Industrial/
Manufacturing
75
75
75
10
25
10

§ 96-47.1 Agricultural buffers.

[Added 12-18-2008 by Ord. No. O-2008-15]
A. 
Purpose. Elk Township, a rural community with a significant and active agricultural base, recognizes its heritage as well as its residents' desire and natural right to farm, and has subsequently adopted a Right to Farm Ordinance.[1] The purpose of this Agricultural Buffer Ordinance is to compliment and further support the Township's Right to Farm Ordinance.
[1]
Editor's Note: See Ch. 63, Farmland Preservation, Art. II, Right to Farm.
B. 
Agricultural buffers.
(1) 
All applications for site plan or subdivision approval located on or immediately abutting or adjacent to lands that are assessed currently, or within any of the three calendar years preceding the application, as qualified farmland under the New Jersey Farmland Assessment Act or protected under the New Jersey Farmland Preservation program shall include notice as follows:
(a) 
For all minor subdivision plans, each deed of conveyance for any of the subject lots shall include the following deed notice:
"Notice: On the date of the creation of this lot, Elk Township permitted and may continue to permit by ordinance, farming activities which some may deem offensive such as, but not limited to, aerial and ground application of pesticides, use of power-driven equipment, such as tractors and irrigation pumps, grazing of livestock, etc."
(b) 
The approval authority shall require the developers of major subdivisions to provide prospective purchasers of lots within the subdivision with written notice that Elk Township has a right-to-farm ordinance, which notice shall include a copy of this section and shall appear as a legend on the final plat.
(2) 
Agricultural buffers shall be as follows:
(a) 
Width and location of buffers.
[1] 
Minor subdivisions and all site plans (commercial, residential, institutional, industrial, etc.) shall show a vegetated buffer strip of 50 feet in width in a side yard area and 100 feet in width in a rear yard area, and major subdivisions shall show a vegetated buffer strip of 100 feet in width on all proposed lots to be developed which are along any boundary with land that has been assessed currently or within any of the three calendar years preceding the application as qualified farmland under the New Jersey Farmland Assessment Act[2] or protected under the New Jersey Farmland Preservation Program, unless:
[a] 
Said subdivision lots are five acres or more in size and are intended to be farmed;
[b] 
Farmland assessment on the adjacent land has been terminated and rollback taxes have been imposed due to change of use of said adjacent land to a use other than agricultural or horticultural; or
[c] 
The adjacent land is a woodlot or wetlands incidental to the farming operation or a wooded tract that is managed under an approved forestry management plan.
[2]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
[2] 
Agricultural buffers are intended to protect and buffer parcels adjacent to tracts utilized for agricultural purposes and not impede agricultural activities. As such, the required agricultural buffers shall be established entirely on the nonagricultural lot and will not be permitted on the agricultural lot.
(b) 
The respective agricultural buffer strip area shall be included in measurements for establishing minimum lot areas. However, the respective agricultural buffer strip shall be excluded in measurements for establishing lot width and depth, and all setback requirements stipulated by ordinance. Building setback and all lot measurements shall start at and extend into the lot from the boundary of said agricultural buffers. Said buffer strip for each lot shall be defined by a metes and bounds description included in the lot's deed, and also restricted by deed and by final subdivision plat against construction of any buildings or structures other than fences, walls or drainage facilities and against removal of any screen of trees or hedges until such time as rollback taxes have been imposed on said adjacent land for change of its use to a use other than agricultural or horticultural. In the event that rollback taxes are paid in full for the farmland adjacent to and imposing these buffer restrictions upon a property, the deed restrictions for these buffers on said property can be removed upon approval by the Township's Land Use Board.
(3) 
Buffer strips in minor and major subdivisions and site plans shall be vegetated by either retaining the buffer as a naturally wooded area or the planting of a double row of six-foot-tall to eight-foot-tall evergreen trees, spaced at six feet on center, or other form of vegetative buffer acceptable to the Township's Land Use Board.
(4) 
The right to enforce said restrictions shall be held separately and may be exercised independently by the Township of Elk.

§ 96-48 Easements.

A. 
Utility installation easements. Easements for utility installations may be required. Easements for sanitary sewer lines and potable water mains shall be constructed in such a manner so that all manholes and mains have permanent, unrestricted access for highway-type trucks for the purpose of maintaining said utilities. Said easements shall be at least 20 feet in width or wider if necessary of which an area of 12 feet in width by 12 inches in depth shall consist of quarry process with filter fabric with sufficient space for vehicles to turn around located at least every 1,200 feet. Such easement area may be seeded as long as the formation and strength of the same is not diminished. These are considered minimum standards and are subject to review and approval of other agencies including the Elk Township Municipal Utilities Authority.[1]
[1]
Editor's Note: See Ch. 38, Municipal Utilities Authority.
B. 
Drainage and conservation easements. If the property on which a proposed subdivision is to be located is traversed by a watercourse of any kind, including a channel or a stream, the Planning Board may require that a stormwater and drainage easement and right-of-way along said watercourse be provided by the subdivider. The land which is the subject of such easement and right-of-way shall be a strip, which conforms substantially to the floodplain of such watercourse along both sides of the watercourse, or extends along both sides of the top of the bank of the watercourse to a width of 15 feet in each direction, or is not less than an encroachment line established by a competent higher authority, whichever is the greater; except, however, that if the location of such watercourse is at or near the boundary of the subdivision, the dimensions of the easement and right-of-way shall be modified to retain it within the confines of the subdivision. Said easement and right-of-way shall include provisions assuring the following: preservation of the channel of the watercourse; prohibition of alteration of the contour, topography or composition of the land within the easement and right-of-way; prohibition of construction within the boundaries of the easement and right-of-way which will obstruct or interfere with the natural flow of the watercourse; and reservation to the Public Works Department of a right of entry for the purposes of maintaining the natural flow or drainage of the watercourse, of maintaining any and all structures related to the exercise of the easement and right-of-way and of installing and maintaining storm or sanitary sewer systems or other public utility, and the right to add additional utility lines when needed.
C. 
Drainage easements provided for the purpose of carrying overland flow or for underground storm drain piping shall include provisions assuring the following: preservation of the drainage swale or piping system contained within the easement; prohibition of construction within the boundaries of the easement; and reservation to the Public Works Department of a right of entry for the purposes of maintaining any and all structures related to the exercise of the easement. The minimum width of a drainage easement shall be 20 feet.

§ 96-49 Height exceptions.

A. 
The height limitations of this chapter shall not apply to church spires, belfries, or cupolas not used for human occupancy, bridges, chimneys, ventilators, skylights, water tanks, bulkheads, structures used in conjunction with agriculture on any farmland assessed property, similar features and necessary mechanical appurtenances, usually carried above the roof level. Such features shall be erected only to such height as is necessary to accomplish the purpose they are to serve.
[Amended 8-3-2006 by Ord. No. O-2006-2]
B. 
The provisions of this section shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornamentation extending above such height limit not more than five feet.

§ 96-50 Landscaping and buffers.

[Amended 8-3-2006 by Ord. No. O-2006-2]
Buffer areas shall require site plan approval and are required in accordance with § 96-47.
A. 
General design requirements.
(1) 
Buffer areas shall be developed in an aesthetic manner for the primary purposes of screening views and reducing noise penetration beyond the lot. Buffer widths shall be measured horizontally and perpendicularly to lot and street lines. No structure, activity, storage of materials or parking of vehicles shall be permitted in a buffer area. The standards for the location and design of buffer areas are intended to provide flexibility in order to provide effective buffers. The location and design of buffers shall consider the use of the portion of the property being screened; the distance between the use and the adjoining property line; differences in elevations; the type of buffer such as dense planting, existing woods, a wall or fence; buffer height; buffer width; and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line, or the more intense the use, the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the lot.
B. 
General standards.
(1) 
A minimum of 1/2 of the periphery that requires a buffer shall have an area at least 15 feet wide which shall be designed, planted, graded, landscaped and developed to obscure the activities of the site from view and shall consist of at least two of the following: fencing or walls in a landscaped area not less than 10 feet wide or landscaped berm at least three feet high. If, in the judgment of the approving authority, any of these alternate provisions will not provide sufficient buffers for the portion of the site proposed, the approving authority may require the site plan to be modified to show the extension of the 15 foot buffer area outlined above, require that the proposed alternatives be landscaped differently, or be relocated, until, in the approving authority's judgment, they provide the desired buffering effect.
(2) 
All buffer areas shall be planted and maintained with either grass or ground cover, together with a screen of live shrubs or scattered planting of live trees, shrubs or other plant material meeting the following requirements:
(a) 
The preservation of all natural wooded tracts shall be an integral part of all site plans and may be calculated as part of the required buffer area, provided that the growth is of a density and the area has sufficient width to serve the purpose of a buffer. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, said plantings may be required.
(b) 
Plant materials used in screen planting shall be at least three feet in height when planted and be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises.
(c) 
The screen planting shall be so placed that at maturity it will not be closer than three feet from any street or property line.
(d) 
Trees shall be at least six to eight feet in height and 1 1/4 inches in caliper when planted and be of a species common to the area, be of balled and burlapped nursery stock and be free of insects and disease.
(e) 
Any plant material which does not live shall be replaced within one year or one growing season as determined by the Municipal Engineer.
(f) 
Screen plantings and landscaping shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections.
C. 
General landscaping design principles. Landscape plans shall conform to the following general design principles.
(1) 
Landscaping shall be provided as part of site plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site and creating a pleasing site character.
(2) 
Landscaping may include plant materials such as trees, shrubs, ground cover, perennials, and annuals and other materials such as rocks, water, sculpture, art, walls, fences and building and paving materials.
(3) 
Use landscaping to accent and complement buildings. For example, groupings of tall trees to break up long, low buildings and lower plantings for taller buildings.
(4) 
Locate landscaping to provide for climate control. For example, shade trees on the south to shield the hot summer sun and evergreens on the north side for windbreaks.
(5) 
Provide for a variety and mixture of landscaping. The variety shall consider susceptibility to disease, colors, season, textures, shapes, blossoms, and foliage.
(6) 
Local soil conditions and water availability shall be considered in the choice of landscaping.
(7) 
Consider the impact of any proposed landscaping plan at various time intervals so that, for example, shrubs do not grow and eventually block sight distances or encroach upon roads or sidewalks.
(8) 
All landscape plants shall be typical full specimens conforming to the American Association of Nurserymen Standards and/or Landscape Plans and Specifications for Quality and Installation.
(9) 
Assure that no aspect of the landscape design inhibits access to the development by emergency vehicles.
(10) 
A landscape plan shall be submitted with each plan application, unless an exception is granted by the approving authority. The plan shall identify existing and proposed trees, shrubs, ground cover, natural features and other landscaping elements. The plan should show where they are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, applicant shall include in the plans proposed methods to protect existing trees and growth during and after construction.
(11) 
Site protection and general planting requirements.
(a) 
Topsoil preservation. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting.
(b) 
Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials, or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may, subject to approval of the Zoning Officer, be used as mulch in landscaped areas.
(c) 
Protection of existing plantings. Maximum effort should be made to save specimen trees identified. No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated to be retained on the preliminary and/or final plat. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. They shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.
(d) 
Slope plantings. Landscaping of the area of all cuts and fills and/or trenches shall be sufficient to prevent erosion, and all roadways slopes steeper than one foot vertically to three feet horizontally shall be planted with ground covers appropriate for the purpose and soil conditions, water availability and environment.
(e) 
Additional landscaping. In residential developments, besides the screening and street trees required, additional plantings or landscaping elements shall be required throughout the subdivision where necessary for climate control, privacy or for aesthetic reasons in accordance with a planting plan approved by the Planning Board and taking into consideration cost constraints. In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs, and trees as part of a plan approved by the Planning Board.
(f) 
Planting specifications. Deciduous trees shall have at least a two-inch caliper at planting. Size of evergreens and shrubs shall be allowed to vary depending on setting and type of shrub. Only nursery-grown plant materials shall be acceptable, and all plantings shall be according to accepted horticultural standards. Dead or dying plants shall be replaced by the developer the following planting season.
(g) 
Plant species. The plant species selected should be hardy for the particular climatic zone in which the development is located and appropriate in terms of function and size.
D. 
Street trees.
(1) 
Location.
(a) 
Street trees shall be installed on both sides of all streets in accordance with the approved landscape plan. Trees shall either be massed at critical points or spaced evenly along the street.
(b) 
When trees are planted at predetermined intervals along streets, spacing shall depend on tree size as follows:
Tree Size (height) (feet)
Planting Interval (feet)
Medium trees (30 to 40)
40 to 50
Small trees (to 30)
30 to 40
(c) 
When the spacing interval exceeds 40 feet, small ornamental trees can be spaced between the large trees. If a street canopy effect is desired, trees may be planted closer together, following the recommendations of a certified landscape architect and approval of the Township. Trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight easements, or streetlights. Tree location, landscaping design and spacing plan shall be approved by the Planning Board as part of the landscape plan.
(2) 
Tree type. Tree type shall vary depending on overall effect desired. Selection of tree type shall be approved by the Planning Board.
(3) 
Planting specifications. All trees shall have a minimum caliper of 2 1/2 inches, and they shall be nursery grown, of substantially uniform size and shape, and have straight trunks. Trees shall be properly planted and staked and provision made by the applicant for regular watering and maintenance until they are established. Dead or dying trees shall be replaced by the applicant during the next planting season.
E. 
Buffering.
(1) 
Function and materials. Buffering shall provide a year-round visual screen in order to minimize adverse impacts from a site on an adjacent property or from adjacent areas. It may consist of fencing, evergreens, berms, rocks, boulders, mounds or combinations to achieve the stated objectives.
(2) 
When required.
(a) 
Buffering shall be required when topographical or other barriers do not provide reasonable screening and when the Planning Board determines that there is a need to shield the site from adjacent properties and to minimize adverse impacts such as incompatible land uses, noise, glaring light, and traffic. In small-lot developments, when building design and siting do not provide privacy, the Planning Board may require landscaping, fences or walls to ensure privacy. When required, buffers shall be measured from side and rear property lines, excluding access driveways.
[1] 
Where more intensive land uses abut less intensive uses, a buffer strip 25 feet, but not to exceed 10% of the lot area in width, shall be required.
[2] 
Parking areas, garbage collection and utility areas, and loading and unloading areas shall be screened around their perimeter by a buffer strip a minimum of five feet wide or in such manner approved by the Township Planner.
[3] 
Where residential subdivisions abut higher-order streets (collectors or arterials), adjacent lots should front on lower-order streets, and a landscaped buffer area shall be provided along the property line abutting the road. The buffer strip shall be a minimum of 25 feet wide or wider where necessary for the health and safety of the residents and include both trees and shrubs.
[a] 
All buffers abutting streets in a residential subdivision shall be provided in addition to any required yard area.
[b] 
All buffers shall be located in an easement, shown on the survey and recorded by deed.
[c] 
No fences or structures shall be permitted in any buffer easement that is abutting a street line; except that, where a developer proposes to include a fence as part of a buffer treatment, fences in the buffer areas shall be provided in combination with landscape material.
(3) 
Design. Arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine or broken rows. If planted berms are used, the minimum top width shall be four feet, and the maximum side slope shall be 2:1.
(4) 
Planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that the total screen shall be at least eight feet in height shall be produced within three growing seasons. All plantings shall be installed according to accepted horticultural standards.
(5) 
Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season. No building, structures, storage of materials or parking shall be permitted within the buffer area; buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.
F. 
Paving materials, walls and fences.
(1) 
Paving materials. Design and choice of paving materials used in pedestrian areas shall consider the following factors: cost, maintenance, use, climate, characteristics of users, appearance, availability, glare, heat, drainage, noise, compatibility with surroundings, decorative quality and aesthetic appeal. Acceptable materials shall include but are not limited to concrete, brick, cement pavers, asphalt and stone.
(2) 
Walls and fences shall be erected where required for privacy, screening, separation, security or to serve other necessary functions and shall comply with the following provisions and shall not apply to the required screening of storage or similar areas for business or industrial uses.
(3) 
All applications for a permit shall be accompanied with a drawing of the proposed fence design which meets the following standards and provides the following information:
(a) 
The drawing shall be neatly and accurately drawn at an appropriate scale of not more than 20 feet to the inch.
(b) 
The drawing shall show all dimensions and shall be clearly marked.
(4) 
All fences shall be installed in accordance with § 96-80.1.
G. 
Landscape maintenance.
(1) 
A landscape management/maintenance specification shall be provided in conjunction with all approved subdivisions as to street trees, common open space, and areas to be dedicated to the public and all approved site plans. In addition, a copy of the reverse frontage maintenance specifications for the tasks outlined below for this area must be provided to all owners of fee simple reverse frontage lots at the time of sale.
(2) 
These documents shall provide specifications for perpetual maintenance in order to assure a safe and attractive landscape environment and to promote healthy growth of all plant materials. They may take the form of a monthly schedule or a categorized guideline.
(3) 
Installation and inspection of landscaping. The following installation and performance and inspection principles and procedures should be applied to all landscape installations.
(a) 
Prior to the issuance of any certificate of occupancy, the proposed landscape as shown on the approved landscape plan must be installed, inspected, and approved.
(b) 
All plantings shall be made in a manner consistent with the instructions and graphics set forth in the following planting details.
(c) 
For all reverse frontage and other buffer areas, the following installation and inspection procedures shall be followed. First, the area should be rough graded for the approval of the Township Engineer. Based upon comments made during these two inspections, the sidewalk shall be formed for inspection and approval. Subsequent to sidewalk installation, the area should be fine graded and the planting staked for approval.
(d) 
If minor changes to the approved plan are made prior to or during construction, revised or record drawings must be submitted to the Township Planner for approval. Such revisions shall be indicated by a formal letter of request to the Township with a copy to the Township Planner. Substantial changes shall require the approval of the board of jurisdiction. If unapproved or inadequate landscape is implemented, then appropriate replacement may be required.
(e) 
Subsequent to landscape installation and until release of performance bonds, the Township shall have the right to inspect all landscape areas for conformance to the approved plans, proper installation and maintenance, and performance of landscape material.

§ 96-51 Lighting.

A. 
The purpose of this section is to provide minimum standards and regulations for lighting facilities for all sections and zones of the Township that will afford safety, convenience, and the ability to advertise, and at the same time, avoid needless light pollution, driving hazards, noncompatible adjacent lighting plans, and annoyance to neighboring property owners.
B. 
All lighting installations shall be designed to be energy efficient to the degree consistent with both reasonable cost and the conservation of nonrenewable natural resources.
C. 
All lighting installations shall be designed to reflect the needs and atmosphere of the general neighborhood and adjacent existing installations. Conflicts of lighting types, methods, and color temperature are to be avoided wherever possible.
D. 
All applications for Planning Board or Zoning Board of Adjustment approval of commercial and cluster residential site plans shall include a complete lighting plan, including luminaire type, wattage, pole height and type, lighting levels in footcandles, and beam spread diagrams, and point-to-point illumination diagrams, including perimeter levels.
E. 
Specific lighting requirements and minimum specifications are divided into five categories as follows:
(1) 
Streetlighting.
(2) 
Parking lot and open area lighting.
(3) 
Commercial site lighting.
(4) 
Sign lighting.
(5) 
Residential outdoor lighting.
F. 
Illumination levels for various applications. The maintained footcandles of illumination recommended are as indicated in the following table:
Type of Area
Minimum Intensity Footcandles
Average Intensity Footcandles
Uniform Ratio[1]
General streetlighting
0.5
1.0
Shopping center parking
0.8
1.0
10:1
Mall parking
0.8
2.0
16:1
Site lighting
0.2
0.5
20:1
Industrial/
commercial
0.5
1.0
15:1
Parking areas
Entrance and exit roads
1.0
2.0
10:1
Residential area parking and drive areas
0.2
0.5
[1]
Note: The uniformity ratio equals the maximum lighting level over the minimum lighting level.
[2]
Note: Actual lighting levels for highway, feeder, town center, suburban, and rural roads and at intersections are set by the authority having jurisdiction.
[3]
Note: Minimum levels shall be required in residential use only for townhouse, condominium, or other cluster-type residential use.
G. 
For all commercial applications, the Board reserves the right to require a nighttime demonstration of the completed project. The applicant shall provide the services of a technician and a light meter calibrated in footcandles to demonstrate conformance to the chapter requirements.
[Added 7-20-2004 by Ord. No. O-2004-6]
H. 
Streetlighting.
(1) 
All streetlighting plans shall conform to federal, state, and county requirements that pertain to the zone or area in question. In addition to these requirements, the Township of Elk may require that type of fixtures, poles, and lighting distribution conform to the type of area and use involved. Wherever the Township of Elk requirements directly conflict with the requirements of the aforementioned authorities, the standards of the higher governing authority shall prevail.
(2) 
Whenever this section requires the installation of electric utility installations underground, the applicant shall, in addition, provide for the installation of underground service for streetlighting.
(3) 
Streetlighting standards of a type and number approved by the Board engineer shall be installed at all street intersections and elsewhere as deemed necessary by the Municipal Engineer.
(4) 
Streetlighting standards:
(a) 
Each applicant for development plan approval shall provide the minimum adequate lighting to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be of a type approved by the municipal agency. Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties.
(b) 
Each applicant for development plan approval shall provide, within the limits of practicability and feasibility, lighting consistent with conservation of energy and use of renewable energy sources.
(c) 
The intent is to provide guidelines and not rigid standards. These guidelines are to be used for the design of lighting systems, and which may be subject to possible adjustment dictated by special specific site conditions.
(d) 
The illumination levels recommended shall be attained by use of the minimum number of poles that will provide relatively uniform illumination. High uniformity ratios which deter or prevent visual adaption shall be avoided.
(5) 
Luminaires shall be specified that can be provided by the local utility and are in keeping with the general type of land use and zone in question.
I. 
Parking lot and open area lighting.
(1) 
The object of parking area lighting is to provide a safe level of illumination to allow the orderly entrance and egress of vehicular traffic, provide backup maneuver vision, identify and illuminate entrance and exit areas, and provide pedestrian and parking area illumination that will discourage vandalism, theft, and assault. Parking area lighting should not be used as an adjunct to advertising.
(2) 
Luminaires.
(a) 
In general, the type of luminaire and pole to be used must be matched to the area, zone, use, and size of the parking area to be lit. The primary criteria should be light control; that is, providing a beam spread pattern to produce an average lighting intensity as specified above without producing areas of over-intensity or below-intensity design, that is, a low uniformity ratio.
(b) 
The design of luminaires for parking areas should include lamp location, reflector type and refractor design to deliver light to areas selected, and keep light spill from adjacent areas. A parking area lighting design that produces sky glow is inefficient and an irritant to residents and will not be permitted.
(c) 
Sharp cutoff-type luminaires are recommended as the best approach to lighting parking areas, and the fixtures selected shall be of the type that can be provided with sharp cutoff deflectors or refractors. The shielding angle shall be selected to minimize discomforting glare to an observer's eyes from the light source at an angle below the set cutoff. Shielding shall also be employed to prevent spillover of undesirable light to adjoining property.
(d) 
The use of fixtures and luminaires which utilize a box-type body with a recessed lamp, flush refractor, and mounted so the lens is parallel to the ground are encouraged. Other types of luminaires, and refractors mounted above 0° to the horizon will be approved if the submitted plan meets all other criteria of this section.
(e) 
The use of high-pressure sodium or metal halide luminaires is encouraged. Low-pressure sodium luminaires may be considered in isolated industrial areas remote from residential and commercial zones where they will not be visible from the traveled way.
(f) 
The coefficiency of utilization (CU) factor of luminaires shall be rated for all designs submitted for approval. In general, parking area designs shall include a high coefficient luminaire with the lowest watt input that will result in lighting levels responsive to the area requirements.
(g) 
The maximum cutoff angle shall be used to shield light source glare and unwanted light from adjacent properties and motorists approaching on adjacent roads and highways. As improperly designed or aimed lighting fixtures are an inherent danger to motorists and pedestrians, special attention shall be given to all site lighting designs that have boundaries that include public vehicular traveled ways of any type and private traveled ways that are open to the public. All applications for site plan approval that include site lighting, and that have traveled ways as boundaries, shall include, in addition to the other requirements listed in this chapter, the details of the point-to-point and beam spread calculations for all lighting that will impinge on the traveled ways. As even relatively low average footcandle intensities can blind drivers who are within the focal point area of the luminaire, no lighting plan will be acceptable where the central focus node of any fixture is visible from any traveled way. In general, no fixture shall be so aimed so that this center focus point is less than 20° off of the property boundary. This may require that additional and lower wattage fixtures be utilized adjacent to roadways. The plan submitted shall clearly indicate the methods used to prevent roadway glare.
(h) 
Adequate shielding shall be employed to protect properties, streets and highways from the glare of such illumination, including on luminaires used for illuminating entrances and driveways for parking areas.
(i) 
Where parking areas for commercial zone buildings are immediately adjacent to a residential use zone, the design of the parking area lighting shall be coordinated with the design of the interzone buffer as required under other sections of this chapter. The coordinated buffer/lighting plan submitted shall insure that objectionable light spill from the parking lot shall not impinge on the residential area or result in a spurious light spill exceeding 0.5 footcandle.
J. 
Poles.
(1) 
The type and height of all poles for mounting luminaires shall be consistent with the general design of the application.
(2) 
Utility-type wood poles may be used only on parking areas of one acre or less, except where parking lot illumination is provided by the electric utility. All wood poles shall be pressure treated to resist rot and termite damage, and the pole class shall result in a wind load rating as specified in the BOCA Code.
(3) 
Architectural wood poles shall be rated for the applicable wind load and shall have adequate wiring access as required by the National Electric Code.
(4) 
Aluminum poles shall be rated for the applicable wind load plus an additional 10% safety factor. Aluminum poles shall be provided with transformer-type bases or adequate wiring and splicing access doors, and shall be permanently and effectively grounded either by a 3/4-inch by ten-foot copperweld ground rod or by a dedicated grounding conductor run from the feeder source.
(5) 
All poles shall be protected with concrete bases of sufficient height to protect them from traffic, or by four-inch concrete-filled steel pipe bollards.
(6) 
Maximum pole mounting height shall be as follows:
(a) 
For sites up to five acres: 25 feet.
(b) 
For sites greater than five acres: 35 feet.
(c) 
For sites designated as shopping malls, poles of greater height may be approved by the Planning Board on the submission of lighting design by a professional engineer indicating that a greater height is required, and that the greater height will not produce light spill to adjacent areas above the limits hereinbefore listed.
(d) 
All mounting poles shall meet wind loading requirements as specified in the BOCA Code.
K. 
Commercial building and outdoor sales site lighting.
(1) 
The object of exterior lighting of a commercial building is to provide a safe level of illumination to allow the orderly entrance and egress of pedestrian traffic, identify and illuminate entrance and exit doors and loading areas, and to provide illumination levels that will discourage vandalism, theft, and assault. While it is recognized that commercial building lighting is also used to attract and advertise the building occupant's trade, this type of lighting shall be designed so that the resulting illumination levels are not detrimental to adjacent property owners and occupants.
(2) 
Luminaires. In general, the type of luminaire and mounting method to be used must be matched to the area, construction type, use, and size of the building to be lit. The primary criteria should be light control; that is, providing a beam spread pattern that will produce an average lighting intensity desired without producing areas of either over-intensity or below-intensity design.
(3) 
Conflicts as to color temperature and lamp type with lighting of adjacent properties shall be avoided. For example, if one or more adjacent areas with established lighting systems are using mercury-vapor lamps, the submitted area shall conform to the same lamp type, but not necessarily the same type luminaire. The HID (high intensity discharge) type of lamp may be considered when compelling reasons exist for employing such lamps and ample proof that a suitable method can be employed to reduce color conflict.
(4) 
Security lighting. All parking area walkways and appurtenant passageways and driveways shall be illuminated for safety and security reasons from sunset to sunrise.
(5) 
General illumination of the exterior of buildings, including the roof, is discouraged. Objectionable spill to the exterior of bright and glaring interior building light shall be avoided by the use of low-brightness lenses on interior lighting. Where wall-washer type of lighting is proposed for exterior building lighting, the amount of light falling on adjacent properties and escaped sky-glow lighting shall be carefully and accurately calculated and submitted as part of the plan.
(6) 
To insure that the proposed lighting plan conforms to the scope and limitations of this chapter, the following data and information shall be submitted with every application for site plan approval:
(a) 
Type of luminaires, including manufacturer's data.
(b) 
Type and wattage of lamp, including manufacturer's data.
(c) 
Mounting height of luminaire.
(d) 
Photometric data and isolux lines of the luminaire and lamp proposed. Photometric curves shall be drawn to the same scale as the site plan scale and shall show initial and maintained footcandle levels of illumination.
(7) 
Where building lighting is proposed to be provided via pole-mounted fixtures, the type and height of pole and manufacturer's data must also be submitted. Applicants are encouraged to use architectural wooden or duranodic bronze-colored aluminum poles in keeping with the architecture of the building and surrounding areas. The use of bollard down-light fixtures is encouraged for exterior walkways. As the spherical globe type of luminaire has a low coefficient of utilization, are therefore inherently energy inefficient and contribute to excessive sky glow, their use is to be discouraged.
(8) 
Commercial recreational facilities such as driving ranges, stadiums, outdoor arenas, etc., shall be illuminated as required by the site use; however, all of the perimeter area lighting, light spillage, and protection from glare on traveled roadways shall conform to the requirements of Subsections H and I; and Subsection I(2)(g) in particular.
(9) 
Outdoor sales facilities, such as new and used automobile lots, shall be illuminated as required by the site use; however, all of the perimeter area lighting, light spillage, and protection from glare on traveled roadways shall conform to the requirements of Subsections H and I, Subsection I(2)(g) in particular.
L. 
Sign illumination.
(1) 
Permits for signs are referenced in other sections of the chapter; however, all signs, including sections of building surfaces of any kind that are externally or internally illuminated, shall conform, in addition to all requirements of § 96-60, to the following requirements.
(2) 
No illuminated sign that is visible from a traveled roadway or traveled way used by motor vehicles shall have a degree of luminance that causes visual discomfort to drivers. The degree of luminance allowable is a factor of luminance ratio, (sign luminance to surrounding luminance) and illumination color. In general, no sign shall have a surface luminance greater than 750 footlamberts, or greater than a 5:1 ratio between sign luminance and average surrounding luminance.
(3) 
Outdoor large-scale advertising signs shall use an illumination source that is not visible to either motorists or pedestrians when on normal traveled roads, streets, or walkways.
(4) 
No sign shall have lighting of intermittently changing intensity, color, or hue, and may not use a repetitive on-off design.
(5) 
No sign shall incorporate neon, xenon, or strobe lamps.
(6) 
No sign shall use animation by either mechanical, electrical, or electronic means.
(7) 
All interior signs that are within six feet of glass show windows shall conform to Subsection L(4), (5) and (6) above.
M. 
Lighting and illumination in residential districts.
(1) 
The intent of this subsection is to promote a safe, healthy, and an attractive place to live in the Township of Elk. It is recognized that a family's home is its castle, and architectural lighting for residences is aesthetically attractive to some homeowners; however, other homeowners may consider light spill from their neighbor's property a form of pollution. Therefore, all exterior lighting in residential areas should be designed and installed with the rights and interests of adjacent property owners in mind.
(2) 
Residential streetlighting shall conform to § 96-62 of this chapter. The primary goal of streetlighting in residential districts is vehicular traffic control and pedestrian safety and as a general deterrent to crime. In overhead utility districts, streetlighting from wood utility poles is acceptable. In residential districts, all streetlighting wiring shall be underground. The type of lighting standard or pole used shall be complementary to the residential area.
(3) 
Exterior lighting at parks, recreational facilities, ballfields, and municipal parking lots shall conform to the requirements of Subsection L(1) and (2) above.
(4) 
Lighting of residential plots to the extent required for discouragement of theft, break-and-entry, and vandalism may require additional exterior lighting. The type of lighting and the total lumens required will be directly proportional to the size of the lot involved. Where this type of exterior lighting is desired by the homeowner, the installation must reflect consideration for adjacent property owners. The preferred method of lighting residential driveways is via mushroom-type fixtures no higher than 24 inches above grade and fitted with low wattage lamps. Where owners wish to light the exterior of homes with dusk-to-dawn lighting, the preferred method for safety and keeping light spill to a minimum is low-voltage wall washers set in the ground and with reflectors that direct all light towards the building. The watt intensity shall be such that the light intensity reflected from the building does not exceed 100 footlamberts.
(a) 
All exterior residential lighting shall be so designed and installed so that the resultant light spill skyward is minimal, and light impingement levels on adjacent properties shall not exceed .5 footcandle at the property line.
(b) 
Floodlighting fixtures for residential lighting shall be used only where plot size requires larger watt intensities. Flood fixtures shall be selected with care, and fixtures using a box-type body, recessed lamp, and a flush refractor are the preferred type of fixture. This type of fixture, with the lens positioned downward, and as close to the perpendicular as possible, will result in the best light utilization, and the least light spill skyward and to adjacent properties. Exterior PAR reflector flood type of fixtures are to be used only for intermittent use and where small areas of lighting at relatively high intensity is required. This type of fixture has a high point source footlambert level and can easily blind drivers and pedestrians when pointed toward traveled ways. When their use is required by circumstances, the fixtures should never be pointed toward driveways, streets, or walkways.
(c) 
All exterior lighting fixtures and luminaires that are controlled by dusk-to-dawn controllers shall be installed with shields or otherwise designed so that lighting intensity at the property line is 0.5 footcandle or less. Lighting fixtures arranged so that the light source (lamp and reflector) is directed to adjacent homes are prohibited.
(5) 
Where exterior fixtures are controlled by infrared (or other type) of heat-sensitive device or proximity device, the control must be regulated to prevent repetitive on-off operation due to wind, door movement, tree branch movement, or anything other than the presence of a human or large animal.

§ 96-52 Lots.

A. 
Lot size. Minimum lot size shall be governed by this chapter based on the zoning district in which the lot is located and the results of percolation and soil boring analysis, where required.
B. 
Lot and house numbers. House and lot numbers shall be assigned each lot by the Tax Assessor.
C. 
Side lot lines. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
D. 
Lot frontage and width. Each lot shall front on an approved street accepted by the municipality.
E. 
Lot line on widened streets. Where extra width is provided for the widening of existing streets, lot measurements shall begin at such extra width line, and all setbacks shall be measured from such line unless otherwise provided by this chapter.
F. 
Unsuitable lots. All lots shall be suitable for the purpose for which they are intended to be used. In order to prevent the use of lots which are not suitable because of adverse topography, rock formations, flood conditions, or similar circumstances, the Planning Board may require such revisions in the layout of the subdivisions as will accomplish one of the following:
(1) 
The area of the unsuitable lots is included in other lots by increasing the size of the remaining lots;
(2) 
The area is adjacent to other public land, and that it is to be deeded to the municipality and held in its natural state for conservation and/or recreation purposes; or
(3) 
That some other suitable arrangement, such as common ownership made permanent by deed covenants running with the land, is made.
G. 
All residential dwellings shall be oriented so that the front faade faces the abutting right-of-way. In the case of corner lots and reverse frontage lots, the dwelling shall be oriented toward the lower order street.
[Added 8-3-2006 by Ord. No. O-2006-2]
H. 
Lot access.
[Added 8-3-2006 by Ord. No. O-2006-2]
(1) 
Any lot located adjacent to any existing or proposed intersection shall locate any driveway the maximum feasible distance from that intersection, as determined by the Township Engineer.
(2) 
Any lot where the right-of-way providing access is not under municipal maintenance, bonding or guarantee, an escrow of $2,500 shall be posted prior to the issuance of any construction permit for that lot, which shall be accompanied by a signed and dated photograph of the entire length of the right-of-way abutting said lot.
I. 
Structures moved to lots. Prior to any structure being moved from one lot to another in the Township, the following shall be required:
[Added 8-3-2006 by Ord. No. O-2006-2]
(1) 
Proof of insurance.
(2) 
Proof of police notification of route, date and time.
(3) 
Bonding for road damage in an amount determined by the Township Engineer based upon weight and route.

§ 96-52.1 Yard encroachments.

[Added 8-3-2006 by Ord. No. O-2006-2]
A. 
No part of a building shall be erected within, or shall project into any required yard area, except as follows:
(1) 
Cornices, projecting eaves, gutters or chimneys may project a distance of up to 30 inches into a required yard area.
(2) 
Steps and awnings may project up to six feet into a required yard area.
(3) 
Handicapped ramps may project 13 feet into a required yard area.
(4) 
Decks may project into required rear yards up to half the minimum required distance, i.e., if a required rear yard is 30 feet, a deck may be as close as 15 feet to the rear property line.
(5) 
On lots of 15,000 square feet or less, an encroachment of the primary structure into a required yard of up to one foot shall be a waiver.

§ 96-53 Nonconforming uses and lots.

A. 
Continuance.
(1) 
Except as otherwise provided in this section, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located; provided, however:
(a) 
That no nonconforming lot shall be further reduced in size.
(b) 
That no nonconforming building shall be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance.
(c) 
That no nonconforming use may be expanded.
B. 
Abandonment. A nonconforming use shall be adjudged as abandoned when there occurs a cessation of any use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance.
C. 
Restoration. If any nonconforming building shall be destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy to an extent of less than 50% of the recorded true valuation, then such destruction shall be deemed partial destruction and such building may be rebuilt, restored or repaired. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof which has been declared unsafe by the Building Inspector.
D. 
Reversion. No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.
E. 
Alterations. A nonconforming building may be reconstructed but not enlarged or extended unless said building is changed to a building conforming or more nearly conforming to the requirements of this chapter.
F. 
Prior approved construction. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of this chapter.
G. 
District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.

§ 96-54 Off-street parking, loading and circulation.

A. 
Minimum standards. Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the following minimum standards:
(1) 
One-family dwellings: two spaces.
(2) 
Elementary and middle schools: 1 1/2 spaces for each staff member. Secondary schools: 1 1/2 spaces for each staff member, plus one per each 10 students.
(3) 
Churches and other public auditoriums: one space for each four public seats or equivalent accommodation.
(4) 
Other public buildings: one space for each 400 square feet of gross floor area.
(5) 
Public recreational areas and golf course: two spaces for each one acre devoted to such use.
(6) 
Quasi-public buildings: one space for each 400 square feet of gross floor area.
(7) 
Quasi-public recreation areas: two spaces for each one acre devoted to such use.
(8) 
Seasonal resort cottages: one space for each dwelling unit.
B. 
Business uses shall comply with the following standards, but in no case shall less than six spaces be provided:
(1) 
Retail trade and personal service establishments: one space for each 200 square feet of gross floor area.
(2) 
Business and professional offices and banks: one space for each 250 square feet of gross floor area.
(3) 
Wholesale trade establishments: one space for each 200 square feet of sales floor or display area and one space for each employee during a normal workday, subject to an annual review.
(4) 
Theaters and other such uses where public seats are a function of the use: one space for each two public seats.
[Amended 12-5-2013 by Ord. No. O-9-2013]
(5) 
Restaurants:
[Added 12-5-2013 by Ord. No. O-9-2013[1]]
(a) 
Restaurants without a bar or lounge shall provide 15 parking spaces per 1,000 square feet of gross floor area;
(b) 
Restaurants with a bar or lounge, or taverns, shall provide 20 parking spaces per 1,000 square feet of gross floor area.
[1]
Editor's Note: This ordinance also redesignated former Subsection B(5) as B(6).
(6) 
Other permitted uses: one space for each 400 square feet of gross floor area.
C. 
Industrial establishments: one space for every two employees or one space for every 400 square feet of gross floor area, whichever provides the greater parking accommodations.
D. 
Design, construction and location.
(1) 
Parking areas shall be on the same lot as the principal building or premises for which such parking spaces are provided. Each parking space shall have minimum dimensions of 9 feet by 18 feet.
(2) 
Parking areas shall be suitably drained, maintained in good condition and have adequate means of ingress and egress. Off-street parking required in conjunction with nonresidential uses shall be adequately paved and drained in accordance with Township specifications.
(3) 
Not more than two driveways of not less than 20 feet nor more than 30 feet in width, used as a means of ingress and egress for nonresidential off-street parking areas, shall be permitted for each 300 feet of frontage upon a public street, nor shall any driveway be located closer than 50 feet to the intersection of two public streets.
(4) 
When a parking area for four or more vehicles joins a residential area, a buffer strip at least 15 feet wide shall be provided between the parking area and the adjoining property in accordance with the general design requirements of § 96-50.
(5) 
All nonresidential use off-street parking areas shall be adequately lighted, and such lighting shall be focused downward in such a way as not to cause light glare onto adjacent properties.
(6) 
Parking facilities in business or industrial zones may be located in any yard space but shall not be closer than 20 feet from any street line.
(7) 
The collective provision of off-street parking facilities by two or more buildings or uses located on adjacent lots is permitted, provided the total of such off-street parking facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the standards contained in this chapter, and further provided that the land is owned by one or more of the collective users.
(8) 
No more than one vehicle not to exceed one ton with commercial plates or with any permanent business markings shall be parked out-of-doors overnight in a residential zone.
[Amended 6-3-2004 by Ord. No. O-2004-5]

§ 96-55 Open space.

A. 
The following standards for the provision of common open space pertain to any multifamily development in the Township:
(1) 
Not less than 25% of land area of every multifamily development shall be preserved as common open space or shall be dedicated to active recreational or community facilities.
(2) 
At least 50% of the required open space area shall be free of environmental constraints such as floodplains, wetlands, bodies of water, stormwater drainageways and basins, or steep slopes. This land shall be utilized for passive or active recreation, community facilities or left as undisturbed open space and/or wildlife habitat.
(3) 
A plan outlining the cleaning of debris and dead brush and, when required, the selective thinning and removal of diseased, dying or undesirable vegetation.
(4) 
Common, active recreation shall be provided at a ratio of not less than one acre for every 100 anticipated residents, with a minimum dedication of one acre.
(5) 
The recorded plan and deeds shall indicate that no additional development of principal structures can occur in the common open space area. The open space shall be restricted against any future building, development or use, except as is consistent with that of providing for open space for recreational, conservation, agriculture or aesthetic satisfaction of the residents of the development or of the general public. Buildings or uses for noncommercial recreation, cult, or agricultural purposes compatible with the open space objectives may be permitted only with the express approval of the Planning Board, following the approval of the building and site plans by the Planning Board.
(6) 
Any land set aside as open space must be made subject to a deed restriction or agreement in a form acceptable to the Planning Board and duly recorded in the office of the County Clerk of Gloucester County. All documents pertaining to the conveyance and maintenance of the open space shall meet the approval of the Planning Board as to legal form and effect.
(7) 
Methods of conveyance. All open space must be conveyed in accordance with one of the following methods:
(a) 
Dedication in fee simple. The Township may, at the discretion of the Township Committee, accept any portion or portions of the open space provided:
[1] 
It is determined by the Planning Board that such land is suitable in size, shape, location, and access, and the Township Committee may determine that such lands will benefit the general public of the municipality;
[2] 
The Township agrees to and has access to maintain such lands;
[3] 
The titles are conveyed to the Township without cost; and,
[4] 
The Township Committee shall adopt a resolution accepting the deed of dedication from the landowner together with an account of monies as determined by the Township Committee, which shall be deposited in a special municipal trust account that shall be used only for the purpose of maintaining the land. The maintenance funds shall be determined by the Township Engineer based on an estimate of annual costs for the maintenance of the site including constructed facilities. Sufficient funds shall be posted to cover all costs in perpetuity and shall be based on a present worth value using a 3% rate of return.
(b) 
Conveyance of title to a conservancy, corporation, homeowners' association, funded community trust, condominium corporation, individual or other legal entity, provided that:
[1] 
The terms of such instrument of conveyance must include provisions suitable to the municipality, assuming such organization can guarantee:
[a] 
The continued use of such land for the intended purpose in perpetuity;
[b] 
Continuity of proper maintenance;
[c] 
Availability of funds required for such maintenance;
[d] 
Adequate insurance protection;
[e] 
Provision for payment of applicable taxes;
[f] 
The right of the Township to enter upon and maintain such property at the expense of the organization in the event the organization falls to maintain the property; and,
[g] 
Such other covenants and/or easements necessary to fulfill the purposes and intent of this subsection.
(8) 
Minimum recreational facilities.
[Added 9-6-2001 by Ord. No. O-01-10]
(a) 
The developer shall install as a minimum the recreational facilities on the land which has been set aside for recreational purposes:
Minimal Recreational Facilities
Dwelling
Units
Tot Lots
Multi-
purpose Field
Other
Recreational Facilities
0 to 25
1
26 to 100
1
1
101 to 150
1
2
151 to 200
2
3
201 to 250
2
1
3
251 to 300
3
1
3
301 to 350
3
1
4
351 to 400
4
2
4
401 to 450
4
2
5
451 to 500
5
2
5
(b) 
For developments having over 500 units, add one tot lot for every 100 units or fraction thereof, add one multipurpose field for every 200 units or fraction thereof, and add one other recreational facility for every 150 units or fraction thereof. “Other recreational facilities” referred to herein include swimming pools, tennis courts, golf courses, basketball courts, handball courts, ice skating rinks, indoor recreation centers or other facilities that the Planning Board determines to be of equal recreational value to residents of the proposed development. The developer may choose, with the approval of the Planning Board, which of these facilities will be used to fulfill the requirements of the chapter. In all developments restricted to the elderly or marketed primarily for single adults, passive open space or an additional facility from the “other recreational facilities” category may be chosen by the developer with the approval of the Planning Board to replace tot lot requirements.
(9) 
Cash contributions.
[Added 9-6-2001 by Ord. No. O-01-10]
(a) 
The requirements of this subsection, entitled "Open space," relating to the construction of on-tract recreational facilities on land which has been set aside for recreational purposes may be modified or waived by the Planning Board with the consent of the applicant upon the Planning Board's determination that both the area local to the development and the recreational needs of the Township would be better served by a cash contribution to the Elk Township Park and Recreation Capital Improvement Fund.
(b) 
The amount of the contribution required pursuant hereto shall be determined by the Planning Board based on the estimated cost of the recreation facilities and equipment that would otherwise be required for the proposed development which will also take into consideration 75% of the increased value accruing to the developer that will occur by reason of the additional dwelling units the developer will be able to construct by making a contribution to the fund in lieu of constructing on-tract recreation facilities. The amount of the contribution determined by the Planning Board shall be prorated over the total number of dwelling units as shown on the preliminary plan or site plan submitted by the applicant and approved by the Planning Board in order to determine a per-dwelling-unit amount. In no case, however, shall the amount of contribution per dwelling unit be less than $2,500.
[Amended 5-5-2005 by Ord. No. O-2005-2]
(c) 
Payment of the contribution required pursuant hereto shall be made prior to the signing of the final plans by the Planning Board Chairman, Planning Board Secretary, and Township Clerk and shall be equal to the per-lot amount times the number of building lots shown on the final plans to be signed and filed and shall be made payable to the designated parks and recreation fund. For good cause shown, the Planning Board may enter into an agreement to provide that the payment or payments shall be made at some later time, subject to the posting of adequate performance guaranties in an amount of 120% of the agreed contribution, subject, however, that the delayed period of time shall in no event be later than the issuance of the first certificate of occupancy.
(d) 
The funds shall be deposited in a separate dedicated trust fund of the Township to be designated to be used to offset the cost of parks and recreation capital improvement projects and for the acquisition of real estate for the development of Township parks and recreational facilities.
B. 
The following are prerequisites for a condominium corporation, homeowners' association, or similar entity:
(1) 
Disposition of the open space must be approved by the Planning Board, prior to final plan approval, and the final plats recorded before any dwelling units are sold, leased, or otherwise conveyed.
(2) 
Membership must be mandatory for each buyer and/or lessee. The organizational papers shall set forth the voting rights and the manner and time of transference of the organization and its assets from developer to homeowner.
(3) 
It must be responsible for liability insurance, taxes, recovery for loss sustained by casualty, condemnation or otherwise, and the maintenance of recreational and other facilities.
(4) 
Members or beneficiaries must pay their pro rata share of the costs, and the assessment levied can become a lien on the property, including any maintenance and associated administrative costs incurred by the municipality.
(5) 
Such corporation or association shall not be dissolved nor shall it dispose of the open space by sale or otherwise, except to an organization conceived and established to own and maintain the open space. The corporation or association must first offer to dedicate the open space to the Township before any such sale or disposition of open space.
(6) 
The dedication of open space, streets, or other lands in common ownership of the corporation, association, individual, or other legal entity or the Township shall be absolute and not subject to reversion for possible future use for further development.

§ 96-56 Outdoor selling.

Commercial uses in the business zones may display goods for sales purposes or store goods for sale on the premises outside of the principal structure in which such use is carried on, provided that such outdoor selling or storage areas shall not encroach upon any of the required yard areas or the required off-street parking areas for the zone in which it is located, and further provided that the area set aside for such outdoor selling or storage areas shall not exceed an area equal to 1/2 of the gross area of the ground floor of the principal building. The area to be used for any such outdoor selling or storage areas shall be appropriately set forth at the time of application for a zoning permit. Any subsequent establishment or relocation of such areas shall be subject to the issuance of a supplementary zoning permit.

§ 96-56.1 Roadside stands.

[Added 8-3-2006 by Ord. No. O-2006-2]
A. 
Any property whereon farm produce or plants are grown may establish a roadside stand, subject to an administrative approval addressing the following:
(1) 
A minimum of 30% of the produce and plants offered for sale shall be grown on the property (including contiguous lots under the same ownership) where the stand is located and the sale of live animals or poultry shall be prohibited.
(2) 
Off-street parking shall be provided in accordance with § 96-54 of this chapter at a rate of one space per 200 square feet of floor area, as defined for retail uses.
(3) 
Lighting shall be provided as specified in § 96-51 of this chapter.
(4) 
The site shall provide for a defined entrance/exit from the roadway in accordance with § 96-54D of this chapter.
(5) 
One identification sign, either freestanding or wall-mounted, shall be permitted with a maximum area of 24 square feet and a maximum height of six feet.
(6) 
All structures shall be set back a minimum of 50 feet from all property lines.

§ 96-57 Performance standards.

See § 96-78E.

§ 96-58 (Reserved) [1]

[1]
Editor's Note: Former § 96-58, Right to farm, was repealed 10-2-2008 by Ord. No. O-2008-9. See now Ch. 63, Farmland Preservation, Art. II, Right to Farm.

§ 96-59 Sanitary sewers and residential site improvement standards.

Sanitary sewers/residential site improvement standards shall be in accordance with N.J.A.C. 5:21-6 and the following:
A. 
If a public treatment and collection system is accessible, the subdivider shall construct facilities in such manner as to make adequate sewage treatment available to each lot within the subdivision from said treatment and distribution system. The subdivider may be required to install dry sewers designed to tie into the proposed Township facility.
B. 
Any treatment plant and collection system, including individual on-lot septic systems, shall be designed in accordance with the requirements of the State Health Department or Township ordinances enforced by the County Board of Health, whichever is more restrictive, and shall be subject to review and approval by the Township Board of Health and the Township Municipal Utilities Authority and the Township Planning Board.
C. 
Where required by the Planning Board, sanitary sewers, including service laterals and cleanouts at curb side, shall be installed in all streets and easements before the base materials for the streets are in place or the fine grading of the easement is complete, whether such sewers can be put to immediate use.
D. 
Where, in the opinion of the Board of Health so expressed to the Planning Board, the subsurface soil characteristics and/or the percolation rate are such to permit subsurface disposal of sewage from individual dwellings as a temporary expedient until the sewers installed in the streets can be connected to the Township sewer system, such temporary subsurface disposal facilities may be permitted and constructed in addition to the sewers in the streets and easements. Sewerage facilities for individual dwellings shall conform with the New Jersey Department of Health code, Chapter 199, P.L. 1954,[1] and current Township regulations and health code.
[1]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
E. 
Sewers in the streets and easements are to be constructed in accordance with the following except in areas where the Residential Site Improvement Standards shall apply (N.J.A.C. 5:21-6):
(1) 
Standards. All sewers, manholes, appurtenances and equipment shall be designed, constructed and installed in accordance with the requirements of the Department of Environmental Protection, Gloucester County Utilities Authority and the Elk Township Municipal Utilities Authority, the approval of which shall be noted on plans and specifications submitted as part of the data required, and in accordance with the most recent approved specifications and details of the Elk Township Municipal Utilities Authority.
(2) 
Pipe material. Pipe shall be PVC-SDR35 or ductile iron, of the class, type and strength of each required for the particular use and location.
(3) 
Pipe dimensions. The minimum inside diameter shall be eight inches for sewers in roadways or easements and four inches for house connections; the diameter and slope (gradient) being such as to maintain theoretically a velocity of two feet per second when flowing 1/2 full (or full) with an assumed n=0.013. Without special permission of all approving authorities, pipes larger in diameter with flatter slopes shall not be permitted if the project rate of flow does not theoretically fill the pipe 1/2 full.
(4) 
Joints. Sections of pipe shall be joined by slip-type rubber gasketed joints, mechanical joints and such other gasketed joints as approved.
(5) 
Watertight caps or plugs. Termination of service laterals or any other temporary or permanent opening into the system shall be sealed by an acceptable means against the entrance of surface water and groundwater. Such sealed caps or plugs shall be so installed as to be watertight against any such internal pressure as might be applied in the testing of the sewer, as well as external subsurface water infiltration. Terminations of laterals shall be referred to "S" cuts on curbs or to other permanent monuments to facilitate locating the ends in the future.
(6) 
Manholes. Manholes may be either precast or built in place. No more than four courses of brick may be used for casting grade adjustments. No deviation from the approved standards will be permitted which may adversely affect watertightness, structural strength, safe use or maintenance of the manhole or the pipes connecting thereto.
(7) 
Service connections. Laterals for sanitary sewers shall be constructed from mains to a point two feet beyond underground utility easement in front of the realty improvement to be sewered.
(8) 
The owner shall, at the time said owner deeds the streets within a development to the Township, give a bill of sale to the municipality, transferring title to all sewer utility improvements within street line limits and within easement limits absolutely free to the Township of Elk.

§ 96-60 Signs.

[Amended 6-3-2004 by Ord. No. O-2004-5; 12-18-2008 by Ord. No. O-2008-14]
A. 
Applicability. The provisions of this section shall apply to the construction, erection, alteration, use, type, number, location, size, design, and maintenance of all signs. This section is intended to regulate and control signs and their placement and construction throughout the Township of Elk. Each site plan or subdivision application shall include, where necessary, a sign plan showing the specific design, location, size, height, construction and illumination of proposed signs in accordance with the regulations within this chapter. Sign permits are also required when a sign is proposed not in conjunction with a site plan or subdivision application.
B. 
Purpose and intent. The purpose of the sign regulations is to provide a legal framework for a comprehensive and balanced system of signage that will preserve the right of free speech and expression, provide an easy and pleasant communication between people and the built environment, protect the scenic qualities of the Township, and avoid visual clutter that is potentially harmful to the character of the community, the aesthetics of the Township, and potentially unsafe for motorists and pedestrians. The sign regulations are intended to minimize the potential for safety hazards, create a more productive, enterprising and professional business atmosphere, and to enhance the architectural and planned character of each zoning district.
C. 
Definitions. The definitions in § 96-5 apply.
D. 
General regulations and requirements.
(1) 
Any sign hereafter erected in Elk Township which is exposed to public view shall conform with the provisions of this section and any other ordinance or regulation of Elk Township, Gloucester County, or the state or federal government relating to the erection, alteration or maintenance of signs. In the event of conflicting regulations, the most restrictive regulation shall prevail. Signs shall be considered accessory uses in all zoning districts when placed in conformance with the provisions of this section.
(2) 
No sign other than exempt signs shall be erected without first obtaining a sign permit from the Zoning Officer. Permit applications for signs shall be accompanied by a plan, drawn to scale, showing details of the sign, its size, and location on the building or lot. A color photograph of each existing sign on the property shall be submitted with the permit application. Fees for sign permits shall be paid in accordance with a fee schedule adopted by the Township Committee. In addition to other penalties for violations of this chapter, any illegal sign may be removed or confiscated by the Zoning Officer.
[Amended 8-4-2011 by Ord. No. O-9-2011]
(3) 
All signs, flags, and banners as provided for in this section shall be kept in proper state of repair, in accordance with the Uniform Construction Code and other pertinent regulations. Signs that fall into a state of disrepair so as to become unsightly or to pose a threat to public safety will receive a warning via certified mail from the Zoning Officer, and if after 30 days the sign has not been removed, it may be removed by the Township at the owner's expense.
(4) 
Nonconforming signs which are structurally altered, relocated or replaced shall comply with the provisions of this section. A change in copy is not an alteration or replacement in accordance with this section. Nonconforming signs must be maintained in good condition. If the use of a nonconforming sign ceases for a period of more than 180 days or if the premises upon which the nonconforming sign is located is abandoned, the nonconforming sign must be removed or replaced with a conforming sign.
(5) 
No sign other than official traffic or other similar official signs shall be erected within or project over the right-of-way of any public street or sidewalk except as provided herein.
(6) 
Signs shall not be located at the intersection of any streets within the triangular area formed by the right-of-way lines and a line connecting them at points 25 feet from their intersection. No sign may impede the safe vision of motorists and pedestrians or otherwise endanger their safety.
(7) 
Exempt signs. The following signs are exempt from the need to secure permits:
(a) 
Signs required by law.
(b) 
Any sign or graphic integrated into or on a coin-operated machine, vending machine, gas pump or telephone booth.
(c) 
Any sign carried by a person.
(d) 
Decorations for any officially recognized holiday, provided that they do not create a fire or traffic hazard and provided that the decorations are removed within 30 days after the holiday.
(e) 
Political signs associated with an election or referendum, provided that such signs are on private property, and are not placed more than 30 days before and removed within seven days after the day of voting, and not to exceed four square feet in size.
(f) 
Temporary yard or garage sale signs, provided that such signs are erected on private property, are no more than four square feet in area, are erected no more than seven days before the sale and are removed within 24 hours after the sale (and in accordance with § 99-8).
(g) 
Temporary real estate signs on the lot on which the real estate for rent or for sale is located shall be limited to one per lot frontage. The signs may not be more than four square feet and four feet high for residential property and eight square feet and six feet high for commercial property. They must be removed within 14 days of the sale or rental of the property. Open house signs are also permitted, but only on the day of the open house and not within the public right-of-way.
(h) 
Temporary "grand opening" signs are permitted for an occupant of a shopping center or other single-use or multi-use commercial building. The sign may not exceed 20 square feet and may not be displayed for more then two weeks out of a calendar year. The sign must comply with all requirements to protect the public health and safety.
(i) 
Temporary (30 days or less) banners advertising special events sponsored by or held by the Township, county, school district, Fire Department, or the like.
(j) 
Temporary signs may be erected for residential developments or commercial sites that are under construction. The temporary sign must meet the setback and size requirements for the zone and may not be installed until construction has commenced. The sign must be removed within one year or upon installation of the permanent signs.
(k) 
American, state, county and Township flags.
(l) 
No trespassing signs.
(m) 
Temporary farm stand signs during growing season.
(8) 
Illuminated signs in residential zoning districts and in all districts when the lot is immediately adjacent (including directly across a street) to a residential district must be turned off between the hours of 10:00 p.m. and 6:00 a.m. This does not apply to residential nameplates.
(9) 
All ground and freestanding signs must be a minimum of 100 feet from the nearest other sign, except for farm stands during the growing season.
(10) 
Architectural details may extend up to 12 inches on the sides and top of the sign. For monument or ground signs, the architectural base may be up to 30 inches above grade. More expansive walls or architectural elements require site plan approval.
(11) 
Wall signs shall be attached to the face of the building in a plane parallel to such face and projecting not more than 12 inches therefrom and shall not extend higher than the top of the parapet. Wall signs shall not cover wholly or partially any wall opening, including doors, fire escapes or windows, nor shall they extend beyond the ends of the wall.
(12) 
As described in Subsection E below, shopping centers or developments with more than one use on a site are permitted one ground or freestanding sign per street frontage for the entire site, which may include tenant panels. Individual tenants or occupants may have wall or facade signs or other attached signs as described in Subsection E below but may not have individual ground or freestanding signs.
(13) 
Ground or freestanding signs must have the address of the site identified prominently on the sign, except for farm stands during the growing season.
(14) 
The size of any sign shall be computed by multiplying its greatest height by its greatest length, exclusive of supporting structures.
(15) 
Signs advertising an establishment or use no longer in existence or a product no longer available shall be removed within 14 days.
E. 
Schedule of sign use and bulk regulations. Signs shall be permitted in each zoning district with the issuance of a zoning permit according to the following use regulations and other applicable requirements of this section:
(1) 
Permitted signs in residential districts.
Use or Function
Type of Sign Permitted
Total Number of Signs Permitted
Maximum Size
Maximum Height
(feet)
Minimum Setback1
(feet)
Nameplate for residence
Ground, hanging, wall
1 per lot
1 1/2 square feet
3 for ground sign
10 feet
No Solicitation
Wall
1 within 2 feet of front door
1 square foot
N/A
N/A
Permanent subdivision identification
Ground
1 per entrance
20 square feet
6
10
Institutional uses (school, municipal facilities, library, etc.), public parks and playgrounds, religious uses, child-care centers
Ground or facade
1 per street frontage
24 square feet
8 for ground
10
Farm Stand Permanent signs
Ground or Facade
Maximum of 2 permanent signs
24 square feet each
6 for ground, not above roof for facade signs
10
Farm Stand Temporary Signs
Ground or facade
As required for farm marketing
16 square feet each
6 feet for ground signs
N/A, but may not cause traffic or safety hazards
NOTES:
1 Minimum setback applies to all property lines.
(2) 
Permitted signs in nonresidential districts.
Zone
Use
Type of sign
Total Number of Signs Permitted
Maximum Size
Maximum Height
(feet)
Minimum setback
(feet)
All nonresidential*
Any permitted
Facade or wall
1 per street frontage on principal structure
10% of facade area or 80 square feet, whichever is less
N/A (may not extend above roof)
Same as building
C-1, C-2, M-1,
Movie theaters and performance venues only
Marquee
1 per site
3 feet in height and 21 square feet
Minimum 8 feet of clearance for pedestrians
Same as building
All nonresidential except C-2
Any permitted but not part of a shopping center or planned development
Ground or monument
1 per street frontage
24 square feet
6
10
C-2
Any permitted but not part of a shopping center or planned development
Freestanding (or pole) or ground (or monument)
1 per street frontage
50 square feet
16 for freestanding; 8 for ground
15
All nonresidential except C-2
Shopping centers
Ground or monument
1 per street frontage
50 square feet
8
15
C-2
Shopping centers
Freestanding (or pole) or ground (or monument)
1 per street frontage
80 square feet
16 for freestanding; 8 for ground
20
All nonresidential
Any permitted
Window signs
1 per street frontage
No more than 25% of the window area
N/A
Same as building
C-2
Gasoline filling stations only
Canopy signs
1 per street frontage
21 square feet
Minimum clearance for vehicles, 10 feet
Same as building
All nonresidential
Only if a wall sign is not proposed, and only on the vertical hang
Awning signs
2 per street frontage
No more than 25% of the awning area, and letters not more than 5 inches.
15
Same as building
All nonresidential
Office or industrial parks or shopping areas with more than four tenants
Directory signs
1
16 square feet
6
25 from right-of-way
M-1 with frontage on State Highway Route 55
Any permitted
Billboard, off-premises
1,000 feet minimum distance between billboards
700 square feet
35
100 from side and rear property lines; 5 feet from state highway
NOTES:
1For the purposes of the sign regulations, "all nonresidential" means all nonresidential zones, including those residential zoning districts in which nonresidential uses are permitted as a conditional use.
F. 
Design regulations
(1) 
A total increase in size and height of up to 10% may be allowed for monument or ground signs that are designed with carved or sandblasted copy and borders.
(2) 
Freestanding and ground signs shall have a landscaped area around the base. The landscaped area shall be a minimum of 1.5 times the area of the sign. For example, a twenty-four-square-foot sign must have a minimum thirty-six-square-foot landscaped area at the base. The landscaping should include evergreen shrubs and ground cover and seasonal flowers.
(3) 
There should be a consistent sign design theme throughout a particular project. The design theme should include style of lettering, illumination, color, height, construction material, size, and type of pole or structure. Color of letters and background should be carefully considered in relation to the color and material of the buildings and where the signs are proposed to be located. Signs should be a subordinate feature of the plan relative to the principal structure. The design of a sign must be integrated into the design of the building to which it relates. Adjacent property owners should also seek harmony in design with the neighboring properties.
(4) 
Signs must be located on a lot so that they are not within the public right-of-way and do not interfere with sight distances at street intersections or ingress and egress points to a lot. Signs intended to be seen from a vehicle should be perpendicular to the line of travel, while signs designed to be read by pedestrians can be parallel with walkways.
(5) 
Sign lettering. The standard letter height for directional signs is a letter size of two inches plus one additional inch for each 25 feet of viewing distance. A sign designed to be read from 100 feet away should have letters of at least six inches.
G. 
Billboard signs.
(1) 
Billboards are permitted within the M-1 Light Manufacturing Zoning District on lots with frontage on State Highway Route 55.
(2) 
The maximum advertising surface for each billboard shall not exceed 700 square feet.
(3) 
Maximum height for billboard signs shall be 35 feet.
(4) 
Minimum letter height on billboards shall be 15 inches.
(5) 
Billboard signs shall be oriented to be visible by motorists traveling State Highway Route 55 traveling north and are intended only to be visible from the limited-access highway.
(6) 
No billboard shall be located closer than 1,000 feet from the municipal boundary.
(7) 
No billboard shall be located closer than 100 feet from any property line, except a setback of five feet is permitted from the state highway right-of-way.
(8) 
No outdoor advertising sign shall be permitted to advertise any products or activities that are illegal under any law.
(9) 
Billboard signs shall not be permitted to have moving parts, reflective materials, or animation, scrolling text or digital video display.
(10) 
All billboards permitted shall be buffered to the extent necessary to restrict visibility from any residential zone.
(11) 
All billboards must be in compliance with the Roadway Signs Outdoor Advertising Act.
(12) 
No billboard shall be applied for or erected until approval is obtained from the New Jersey Department of Transportation and a copy of such approval is provided to the Township.
(13) 
The applicant must provide a letter of interpretation from the NJDEP or a determination of absence of wetlands.
H. 
Prohibited signs. Any other provisions of this section notwithstanding, the following signs shall be prohibited in all zoning districts unless otherwise specified:
(1) 
Signs which contain or are an imitation of an official traffic signal or hide from view any traffic street signal or sign or that have any characteristics that are likely to confuse or dangerously distract the attention of the operator of a motor vehicle operator.
(2) 
Signs which are designed to move, either by mechanical or other means.
(3) 
Signs which contain or consist of banners, posters, pennant ribbons, streamers, strings of light bulbs, spinners, or other similarly moving devices (this does not include permitted flags).
(4) 
Signs which flash or scroll, except for time and temperature indicator.
(5) 
Electronic message boards are only permitted within the C-2 Zoning District, may not change message more often than every 30 seconds, may only have one color, may not be more than 24 square feet in area, may not contain more than two lines of text and must be approved as part of a site plan.
(6) 
Signs which emit odors or smoke or produce noise or sounds capable of being heard even though the sounds produced are not understandable.
(7) 
Silhouetted or three-dimensional signs, e.g., signs lacking a background and having letters, figures, or devices silhouetted against the sky or other open space not a part of the sign, and/or signs in which objects or representational devices are present in the round or other than in a vertical plane.
(8) 
Any freestanding sign or any sign projecting from a building, within a triangular area bounded by the intersection of two right-of-way lines and a line connecting points 30 feet from such intersection along the right-of-way lines, whether existing or shown on the Master Plan or in sight clearance triangles specified in other regulations.
(9) 
Signs located or placed on any tree, telephone or utility pole, light standard or upon rocks or other natural features.
(10) 
Tubes of lighting or strings of lights may not outline the rooflines, doors, windows or wall edges for advertising purposes. This provision does not apply from Thanksgiving Day through January 25 (during the Christmas season).
(11) 
Portable signs, such as those on wheels.
(12) 
Signs projecting above the roof or the main cornice line of the building to which it is affixed.

§ 96-61 Site design.

General design requirements for all nonresidential districts are as follows:
A. 
No merchandise, products, waste equipment, or similar material or objects shall be displayed or stored outside. However, for automotive sales facilities, vehicles capable of moving under their own power may be displayed and stored outside.
B. 
All buildings in a development shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.
C. 
All portions of the property not utilized by buildings or paved surfaces shall be landscaped.
D. 
The established grades on the site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.
E. 
Trash enclosures must be enclosed behind an opaque fence or wall at least five feet in height with an opaque self-closing gate. The exterior finish material of the trash enclosure and gate must be compatible with that of the exterior of the principal structure. Trash enclosures shall not be within 10 feet of any other structures.
F. 
Not more than one point of ingress and/or egress shall be permitted within 75 feet of another point of ingress and/or egress serving the same tract, and in no case shall a development have more than two such points of ingress and/or egress on any one street frontage.

§ 96-62 Streets and residential site improvement standards.

Streets/residential site improvement standards shall be in accordance with N.J.A.C. 5:21-4 and the following:
A. 
All subdivisions shall be served by paved public streets with an all-weather base and pavement with an adequate crown. The arrangement of streets not shown on the Master Plan or Official Map, as adopted by the Township, shall be such as to provide for the appropriate extension of existing streets and should conform with the topography as far as practicable.
B. 
The developer shall submit plans, profiles, cross sections and design for the work to the Township Engineer for approval prior to the start of any construction, and at their own expense, grade all streets for their full width, in conformity with the terrain and good engineering practices; shall have all underground utilities installed prior to any street paving construction; shall construct adequate underground pipe drainage systems to carry off surface waters; shall construct streets in accordance with specifications shown below; and shall install a base course.
C. 
When a new subdivision adjoins land susceptible of being subdivided, suitable provisions shall be made for optimum access of the remaining and/or adjoining tract for existing or proposed streets.
D. 
Local streets shall be so designated as to discourage through traffic.
E. 
In all residential zones, all major subdivisions bounded by any freeway, arterial or primary collector street shall control access to said streets by having all driveways intersect marginal service streets, parallel streets or streets intersecting said freeway, arterial or primary collector street. In addition, that portion of the subdivision abutting said freeway, arterial or primary collector street right-of-way to a depth of 25 feet therefrom and for the full length of the subdivision shall be planted with nursery-grown trees so that, in a reasonable period of time, a buffer will exist between the development and the highway to promote public safety and maintain open spaces and a rural atmosphere. All trees shall be of nursery stock having a caliper of not less than 2 1/2 inches measured three feet above ground level and be of an approved species grown under the same climatic conditions as at the location of the development. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated. No driveways shall enter onto freeways, arterial or primary collector streets.
F. 
No subdivision showing reserve strips controlling access to streets or other area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the government body after recommendation by the approving board.
G. 
In the event that a subdivision adjoins or includes existing Township streets that do not conform to widths as shown on the adopted Master Plan and/or Official Map or the street width requirements of this article, additional land along either or both sides of said street sufficient to conform to the right-of-way requirements shall be dedicated to the Township for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way and shall be expressed on the plat as follows: Street right-of-way easement granted to the Township of Elk permitting the Township to enter upon these lands for the purposes provided for and expressed in this chapter of the Township of Elk. This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain the facilities in the area dedicated by ordinance and/or as shown on the plat and/or as provided for by any maintenance or performance guaranties. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated. For a major subdivision, that portion of the existing street or road adjoining or included within the subdivision shall be improved, including excavation, grading, gravel base and surfacing, in accordance with the road improvement standards of this article.
H. 
Longitudinal grades on all streets shall not exceed 8% and shall be no less than .5% ; however, grades below 1% shall require a monolithic gutter with curb construction. Maximum grades within intersections shall be 3%.
I. 
All changes in grade where the algebraic difference in grade is 1% or greater shall be connected by a vertical curve having a length of at least 50 feet for each 2% difference in grade or portion thereof and providing minimum sight distance of 200 feet for local streets, 275 feet for collector streets and 475 feet for an arterial streets.
J. 
In all subdivisions, the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street, although a greater width may be required.
K. 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°, and approaches to all intersections shall follow a straight line for at least 100 feet. No more than two streets shall meet or intersect any one point and the center lines of both intersecting streets shall pass through a common point. Measuring from this common point, two intersections shall be spaced a sufficient distance to permit a minimum of two lots between the two street rights-of-way. Any subdivision abutting an existing street classified as an arterial or primary collector shall be permitted only one new street connecting within the same side of the existing street, except, where the frontage is sufficient, more than one street may intersect the arterial or primary collector street, provided that the streets shall not intersect with the same side of the existing street at intervals of less than 800 feet. The block corners at intersections shall be rounded at the curbline with the street having the highest radius requirement as outlined below determining the minimum standard for all curblines:
(1) 
Arterials: 40 feet.
(2) 
Collectors: 35 feet.
(3) 
Local streets: 30 feet.
L. 
For both major and minor subdivisions, sight triangle easements shall be required at all intersections, in addition to the right-of-way, which is outlined above, in which no grading, planting or structure shall be erected or maintained more than three feet above the street center line except for street signs, fire hydrants and light standards. The sight triangle is defined as that area outside the right-of-way, which is bounded by the intersecting street lines and the straight line connected by the intersecting street lines and the straight line connecting sight points, one each located on the two intersecting street center lines; arterial streets at 300 feet; collector streets at 200 feet; and local streets at 90 feet. Such easement dedication shall be expressed on the plat as follows: "Sight triangle easement granted to the Township of Elk for the purposes provided for and expressed in the Unified Development Ordinance of the Township of Elk."
[Amended 4-3-2003 by Ord. No. O-2003-3]
M. 
A tangent at least 200 feet long shall be introduced between reverse curves on arterial and collector streets. When connecting street lines deflect from each other at any one point by more than 10°, they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distance within the right-of-way shall be 350 feet for local streets, 500 feet for a collector street and 800 feet for an arterial street. All culs-de-sac of a permanent nature (where provision for the future extension of the street to the boundary of the adjoining property is impractical or impossible) or of a temporary nature (where provision is made for the future extension of the street to the boundary line of adjoining property) shall be no more than 750 feet and shall provide a turnaround at the end with a radius of 50 feet on the curbline, plus a utility and planting strip width of eight feet around the entire cul-de-sac. The center point for the radius shall be on the center line of the associated street or, if offset, offset to a point where the radius becomes tangent to one of the curblines of the associated street. If a cul-de-sac street is of temporary nature, provisions shall be made for removal of the turnaround and reversion of the excess right-of-way to the adjoining properties when the street is extended.
N. 
No street shall have a name which will duplicate or so nearly duplicate the name of an existing street that confusion results. The continuation of an existing street shall have the same name. Curvilinear streets shall change their names only at street intersections.
O. 
Continuous open driveways in excess of 15 feet in width resulting in the elimination of curbing along the Township streets shall be prohibited.
P. 
The pavement width of streets and the quality of surfacing and base materials shall adhere to the minimum standards set forth by the Township, county or state engineers when said paving concerns roads under their jurisdiction and where such standards exist. Concerning streets under the jurisdiction of the Township, the following standards shall apply:
(1) 
The minimum requirements of any new street shall be constructed according to the specifications and procedures as set forth in the New Jersey Department of Transportation Standard Specifications (1998 or latest edition) with addenda.
(2) 
In nonresidential developments, the minimum total asphalt thickness for all pavements shall be seven inches. The use of alternate materials for subbase is permitted on an equivalent asphalt basis (i.e., one inch of asphalt equals 1 3/4 inches of soil aggregate, Type 5, Class A; one inch of asphalt also equals 2 1/2 inches of soil aggregate, Type 5, Class B). The minimum top shall be two inches of FABC-1, Mix No. 5. The above minimum pavement thickness is based upon a California Bearing Ratio (C.B.R.) value of eight, and if actual C.B.R. results indicate higher values, a lesser pavement thickness will be entertained by the Township Engineer's approval, subject to the Township Manager's approval.
(3) 
Prior to placing the surface course, the base course shall have a tack coat of bituminous material. All of the above construction shall be in accordance with current New Jersey Department of Transportation Standard Specifications and supplements thereto on file in the office of the Township Engineer. The standard specifications are further supplemented to require that, prior to placing final surface course, the intermediate base course shall be open to traffic and shall so remain for at least one winter season. Thereafter, the Township Engineer shall inspect the pavement and will require areas of pavement failure to be removed and replaced; settled areas shall be leveled with hot mixed bituminous concrete. The Township Engineer may require compacted select fill or approved subbase material as needed to replace native subgrade material.
(4) 
All traffic lanes, both moving and parking, shall be striped in accordance with the Manual on Uniform Traffic Control Devices, as amended. (U.S. Department of Transportation, Federal Highway Administration, 1971).
(5) 
The work shall be inspected through the course of construction by the Township Engineer or his duly authorized representative who shall be notified 48 hours before any work is started or continued.
Q. 
The approval by the Planning Board or other Township agency of any map of land delineating streets shall in no way be construed as an acceptance of any street indicated thereon.
R. 
Construction standards as specified herein shall also apply to any private street as may be part of a development application receiving preliminary approval by the Planning Board.
S. 
Fire lanes located in other than those paved portions of a lot shall be designed such that the subsurface base be at least 20 feet wide of twelve-inch thick quarry blend over a quality subsoil necessary and sufficient to support a thirty-ton fire apparatus vehicle. The subsurface base may be covered with at least two inches of topsoil prior to the placement of sod or alternative paving block or similar decorative paving may be used. Final design shall be approved by the Township Engineer.
T. 
Curbs. Unless otherwise approved, curbs shall be constructed of Portland cement air-entrained concrete, Class C, having a standard strength of 4,500 pounds per square inch. Depressed curbs at driveways shall have a full depth of 18 inches.
U. 
Sidewalks. All required sidewalks, except in areas where the Residential Site Improvement Standards shall apply (N.J.A.C. 5:21-5), shall be four feet wide by four inches thick, except at driveways and aprons where they shall be six inches thick. Sidewalks shall be constructed of Portland cement air-entrained concrete, Class C-1, having a standard strength of 4,000 pounds per square inch.
V. 
Streetlights. All streetlights shall be installed at least at all street intersections and as may be required by the Township Engineer. They must be shielded so that no direct light or glare is visible from house or apartment windows and do not produce glare in the eyes of a motorist.
W. 
Street signs.
(1) 
All street signs shall have reflectorized white letters on a green background (e.g., type E-450 or equal). Both signs and poles shall either be of nonferrous metal or galvanized steel. Neighborhood or directional signs shall be installed on major roads to aid in circulation.
(2) 
All signs shall be mounted on two-inch diameter posts embedded in concrete.
(3) 
Street signs shall be approved by the Township Engineer prior to ordering by the developer.
(4) 
Street signs shall comply with the requirements contained within the Manual of Uniform Traffic Control Devices.
(5) 
Street signs shall be installed by the developer upon the completion of the base course of each roadway within the development. No certificates of occupancy will be issued until the signs are installed and approved by the appropriate Township officials.
(6) 
No decorative street signs are permitted within the Township of Elk.
X. 
Adjacent lots created by subdivisions fronting county rights-of-way shall have shared or common curb cuts whenever feasible with appropriate easements included; otherwise the driveways shall be the maximum practical distance apart.
[Added 6-3-2004 by Ord. No. O-2004-5]

§ 96-63 Stormwater management and residential site improvement standards.

Stormwater management/residential site improvement standards shall be in accordance with N.J.A.C. 5:21-7 and the following:
A. 
General.
(1) 
All storm drainage systems consisting of catch basins, underground sewers, paved swales, box culverts, rip-rap or otherwise stabilized stream banks, dams, retention basins and swales, trash racks, and other devices shall be installed so that all stormwater is led to and confined in natural drainage channels without causing erosion. Bicycle-safe storm sewer gratings are required. They shall also be designed in accordance with the standards established in this article.
(2) 
Concrete pipe is preferred to box culverts for drainage under roads. In such cases an easement of appropriate width extending at least 50 feet beyond the right-of-way line shall be granted on either side, and the pipe shall be covered for the full width of the right-of-way and 20 feet beyond.
(3) 
Storm sewer requirements and standards for all development shall be those required by the New Jersey Residential Site Improvement Standards (NJRSIS). For nonresidential development, the following requirements shall also apply.
(4) 
All development plans shall include a stormwater management report prepared, signed and sealed by an engineer licensed by the State of New Jersey. The report is to analyze pre- and post-development conditions and conveyance system design. Drainage area maps are to be provided. Calculations justifying runoff coefficients, travel time, flow rates, flow volumes, storage volumes and discharge rates, pipe routing tables, etc., are to be included.
(5) 
The stormwater management plans submitted shall demonstrate careful consideration of the general and specific concerns, values and standards of the Township Master Plan and applicable county, regional and state storm drainage control programs, any County Mosquito Commission control standards, and shall be based on environmentally sound site planning, engineering and architectural techniques.
(6) 
Development shall use the best available technology to minimize off-site stormwater runoff, increase on-site infiltration, simulate natural drainage systems, and minimize off-site discharge of pollutants to groundwater and surface water and encourage natural filtration functions. Best available technology may include measures such as detention or retention basins, recharge trenches, piping, contour terraces and swales.
(7) 
It shall be the policy of the Planning Board to require the ownership and maintenance of all stormwater basins serving residential areas to be located on property owned and maintained by a homeowners' association. In no case shall a stormwater basin be located and maintained by an individual residential lot.
(8) 
Detention basins are preferred over retention basins. Specific requirements for retention basins are not included herein but will be determined on a case-by-case basis.
(9) 
It shall be the policy of the Planning Board to minimize the number of basins by encouraging the joint use of basins between various developments and minimizing the number of basins within a development.
B. 
Detention facilities maintenance and repair.
(1) 
Responsibility for operation and maintenance of detention facilities, including periodic removal and disposal of accumulated particulate material and debris, shall remain with the owner(s) of the property with permanent arrangements that it shall pass to any successive owner, unless assumed by a government agency. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall be designated for each project, the property owner, governmental agency, or other legally established entity to be permanently responsible for maintenance, hereinafter referred to as “the responsible person.”
(2) 
Prior to granting approval to any project subject to review under this chapter, the developer shall enter into an agreement with the municipality (or county) to ensure the continued operation and maintenance of the detention facility. This agreement shall be in a form satisfactory to the Municipal Attorney, and may include, but may not necessarily be limited to, personal guaranties, deed restrictions, covenants, and bonds. In cases where property is subdivided and sold separately, a homeowners' association or similar permanent entity should be established as the responsible entity, absent an agreement by a governmental agency to assume responsibility.
(3) 
In the event that the detention facility becomes a danger to public safety or public health, or if it is in need of maintenance, the municipality shall so notify in writing the responsible person. From that notice, the responsible person shall have 14 days to effect such maintenance and repair of the facility in a manner that is approved by the Municipal Engineer or his or her designee. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may immediately proceed to do so and shall bill the cost thereof to the responsible person.
(4) 
In accordance with the NJRSIS (N.J.A.C. 5: 21-7. 5), for detention basins serving a residential community, a maintenance trust fund should be posted, which will generate sufficient revenue to cover all maintenance costs in perpetuity. The fund shall be based on a present worth value using a 3% rate of return. All costs, including mowing, eventual structure replacement, sediment removal, etc., are to be included. The minimum amount of the fund should be $35,000 (based on an one-half-acre basin). This requirement shall apply for basins under either Township or a homeowners' association ownership.
(5) 
The plans are to include notes pertaining to restoration procedures and a long-term maintenance schedule and procedures. Maintenance shall include mowing, leaf removal, debris removal, inspection, desilting, and any other work specific for the facility.
C. 
Stormwater management detention basin locations.
(1) 
Basins shall generally not be located adjacent to residential properties.
(2) 
When located adjacent to residential properties, side slopes shall be 4:1. Water depth shall be limited to three feet.
(3) 
Low maintenance, water tolerant grasses, or wildflower seed mix shall be used as appropriate. Type of vegetation used shall be compatible with the site.
(4) 
Fencing and dense landscaping may be required when adjacent to residential lots.
(5) 
All basins, regardless of ownership, must have a dedicated access from a public right-of-way. The access should include a stabilized surface suitable for the passage of maintenance and inspection equipment and vehicles. An easement granting the municipality the right to access and perform work in the basin should be granted.
D. 
Stormwater management discharge location.
(1) 
The development plans should illustrate all topographical features and structures downstream of all basin discharges, emergency spillways, stormwater outfalls and swales, for a sufficient distance to evaluate the impact of discharge. A stability analysis of the downstream flow path should be provided. Impacts on structures and/or private property should be reviewed.
(2) 
The impact of increased runoff volume from basins should also be reviewed.
(3) 
Easements should be provided at all points of discharge onto adjacent properties, regardless of the use of basins, swales, or pipelines to convey the flow to the property line.
E. 
Stormwater management retention basins.
(1) 
When approved, detailed design criteria for retention basins will be determined on a case-by-case basis. However, at a minimum, all requirements for detention basins will be adhered to along with the following.
(2) 
The separation between seasonal high groundwater and the basin bottom shall be two feet for dry or recharge basins.
(3) 
Basins should dewater within 24 hours after the design storm event.
(4) 
Post-construction percolation tests will be required to ensure that the designed dewatering period will be attained.
(5) 
Side slopes of 4:1 or less shall be used.
(6) 
For wet retention basins, or permanent ponds, a sufficient natural water supply capable of maintaining a minimum depth of three feet shall be required.
(7) 
In accordance with the NJRSIS (N.J.A.C. 5:21), for retention basins serving a residential community, a maintenance trust fund should be posted, which will generate sufficient revenue to cover all maintenance costs in perpetuity. The fund shall be based on a present worth value using a 3% rate of return. All costs, including mowing, eventual structure replacement, sediment removal, scarifying, etc., are to be included. The minimum amount of the fund should be $47,000 (based on an one-half-acre basin). This requirement shall apply for basins under either Township or a homeowners' association ownership.
F. 
Stormwater management water quality. The water quality standards for stormwater management shall be those included in the NJRSIS (N.J.A.C. 5:21-7.6).

§ 96-64 Traffic signs.

A. 
A proposed traffic control plan showing traffic signs to be installed by the developer at its sole expense shall be submitted with each application for subdivision or site plan approval. The plan shall indicate the nature and proposed location of traffic and street signs needed to assure safe and controlled flow of traffic on the tract, including site ingress and egress. The information to be set forth on each sign, including street names, permissible speed limits, stop and yield signs at intersections, designations of one-way and dead-end streets, and prohibited parking locations, shall be specified.
B. 
Final sign locations shall be determined by the Township after review, when necessary, with the Department of Transportation (NJDOT) or county, of proposed traffic generation and vehicular movement data and relevant speed and accident sampling data.
C. 
All signs shall be approved by the Township Engineer prior to their purchase by the developer, to assure uniformity and conformance with the standards contained in the Manual on Uniform Traffic Control Devices.
D. 
No certificate of occupancy shall be issued for any structure located on the tract until the Township Engineer has certified the satisfactory installation by the developer of all signage in accordance with the traffic control plan, as it may be modified by the Township Police Department or the NJDOT.
E. 
The installation of electronic traffic control signaling devices is not prescribed by this section, since a pro rata portion of the developer's cost for such devices shall be assessed and collected from the developer pursuant to § 96-21.

§ 96-65 Water supply and residential site improvement standards.

Water mains are to be installed in accordance with the following, except in areas where the Residential Site Improvement Standards shall apply (N.J.A.C. 5:21-5):
A. 
Engineering requirements for all water main installations are to comply with the rules and regulations of the Department of Environmental Protection and the Elk Township Municipal Utilities Authority (MUA).
B. 
All pipe shall be not less than Class 150 ductile-iron pipe of the size determined by the MUA, but in no case less than six inches in diameter, and meeting the current specifications of the American Water Works Association. PVC water mains with push-on joints may be used if approved by the applicable public utility.
C. 
All joints shall be push-on or mechanical joint.
D. 
The depth of pipe from the finished surface or roadway or grade shall be not less than four feet from the top of pipe.
E. 
Fire hydrants shall be generally located not more than 600 feet apart and spotted, where practicable, as follows: near streetlights, inlets, street intersections, and on property lines.
F. 
Valves shall be installed with all fire hydrants and at such other locations in the lines as directed by the Elk Township Municipal Utilities Authority.
G. 
House service connections, from the main to the curb stop and box, must be installed at all lots prior to placing any foundation or surface on the roadway.
H. 
No installation shall be covered until inspected and approved by the Township Engineer.
I. 
Where public water is accessible, the subdivider shall construct water mains in such manner as to make adequate water service available to each lot or dwelling unit within the subdivision or development. The entire system shall be designed in accordance with the requirements and standards of the local and/or state agency having approval authority and shall be subject to its approval. The system shall also be designed with adequate capacity and sustained pressure to service the lots and permit necessary fire-fighting abilities.
J. 
Dry fire hydrants and dry waterlines shall be installed within all major subdivisions where roads are created and where public water supply is not currently available, as recommended by the Fire Marshall for fire safety.
[Added 4-1-2010 by Ord. No. O-2010-11]