[Amended 7-14-1994 by Ord. No. 94-10; 3-13-1997 by Ord. No. 97-03]
A.
No lot shall be approved for development unless the approving authority makes a specific finding that the lot is suitable for its intended purpose, whether residential or nonresidential, without danger to health or peril from flood, fire, erosion or other menace. The approving authority shall find specifically that the lot or lots are free of adverse effects as defined in this chapter. The applicant shall prove that the lot or lots satisfy the standards of design and performance set forth in Article VI herein and the zoning provisions set forth in Article VII herein, subject to such waivers or variances as the Board deems appropriate according to law.
[Amended 9-9-1999 by Ord. No. 99-20]
B.
Character of land. Land identified in the Master Plan
or through field investigation as critical areas or having severe
or moderate soil characteristics particularly as the land relates
to flooding, improper drainage, shallow depth to water table, steep
slopes, rock formations, utility easements or similar features shall
not be used as buildable areas unless adequate and acceptable methods
are formulated by the developer to solve the problems by methods meeting
this chapter and all other regulations, including but not limited
to cluster designs, lot-size averaging or simultaneous planning for
noncontiguous tracts.
D.
Greenways Plan. The approving authority shall consider
the Greenways Plan when reviewing applications for development. Where
appropriate, the approving authority shall require provisions for
the protection and preservation of areas designated in the Greenway
Plan taking into consideration the specific character of the land
and methods for protecting and preserving said lands by cluster design
or lot-size averaging.
[Amended 3-8-2001 by Ord. No. 01-02]
[Amended 7-14-1994 by Ord. No. 94-10; 3-13-1997 by Ord. No. 97-03]
A.
Antique shops may only be located in existing structures,
which were at least 50 years old as of December 30, 1991.
B.
The lot size shall meet the minimum required for the district. In the Village District, lot width shall be a minimum of 200 feet at the front yard setback, with a minimum of 150 feet frontage at the street. Lot width shall be a minimum of 200 feet at the front yard setback, with a minimum of 150 feet frontage at the street.
C.
The impervious surface ratio shall not be greater
than 10% over the maximum permitted in the zone.
D.
Any existing building used for an antique shop shall
meet the minimum front yard setback of the zone. No new construction
shall exceed the minimum front yard setback or any other bulk requirements.
E.
Parking shall be provided at the rate of one space
per 200 square feet of gross floor area for the shop, with an additional
space for each employee during the peak employee shift.
F.
Signs. Only one freestanding or facade sign can be
erected, which shall be wood and illuminated by exterior lighting.
Sign area shall not exceed six square feet. Freestanding signs shall
be setback 20 feet from the property line and not exceed a height
of four feet.
G.
A minimum parking lot buffer of 15 feet shall be provided,
which shall be landscaped with evergreen plant materials, maintained
a minimum of six feet in height. Shade trees are to be installed at
the rate of one tree for every four parking spaces and shall be a
minimum of three inches in caliper when planted.
[Added 3-8-2001 by Ord. No. 01-02]
Common driveways shall be required for subdivisions
and site plans unless they impede traffic safety, as determined by
the approving authority, with recommendations from the Planning Board's
engineer.
[1]
Editor's Note: Former Section 604, Apartments
and townhouses, was repealed 7-14-1994 by Ord. No. 94-10.
[Amended 7-14-1994 by Ord. No. 94-10; 3-13-1997 by Ord. No. 97-03; 6-13-2019 by Ord. No. 19-08]
A.
The lot size shall meet the minimum required for the zoning district and under no circumstances absent a variance, shall it be less than one acre in the Village District. In addition, in the AVAD, lot width shall be a minimum of 200 feet at the front yard setback, with a minimum of 150 feet of frontage at the street.
B.
The maximum permitted impervious coverage
may be increased by up to 10% over the maximum permitted in the zone
district.
C.
Any building used for a bed-and-breakfast
shall meet the minimum setback requirements of the zoning district.
D.
Three parking spaces must be provided for
the owner/residents in addition to one space per guest room. All parking
for the bed-and-breakfast must be provided on-site without impeding
access for fire trucks, ambulances and other emergency service vehicles.
E.
Accessory use. All bed-and-breakfasts shall
be an accessory use to the principal use that is a single-family detached
dwelling.
(1)
No more than three guest rooms may be available
for bed-and-breakfast lodging. Furthermore, no more than two occupants
may be allowed to stay in any guest room, with the exception of up
to two minor children who may be permitted per guest room provided
they are accompanied by visiting adult guests in the same room.
(2)
The owner of the dwelling, or a member
of the owner's immediate family, must actively reside on-site when
the bed-and-breakfast is in operation.
(3)
No cooking facilities shall be permitted
within any guest rooms and no full service meals shall be provided
to the guests.
(4)
The maximum length of a stay by a guest
shall be no more than 90 days during any 120-day period.
(5)
Recreational amenities, such as tennis
courts and swimming pools, are permitted; however, they are limited
to the use of the guests, owner/residents and guests of the owner/residents.
(7)
All bed-and-breakfast establishments shall
register with the Township annually, on a form provided by the Township.
F.
No signs identifying the bed-and-breakfast
as a bed-and-breakfast are permitted.
Bikeways may be required depending on the development's
location in relation to schools, recreation areas, shopping facilities
and other populated areas. Bicycle traffic shall be separated from
motor vehicle and pedestrian traffic as much as possible. Bikeways
shall generally not exceed a grade of 3%, except for short distances,
and shall be a minimum of four feet wide. Bikeways shall have a minimum
four-inch base of crushed stone and a two-inch FABC-2 surface course.
Where bike paths intersect a street, the curbing shall be ramped for
access to the street grade.
A.
Purpose; applicability.
[Added 3-13-1997 by Ord. No. 97-03; amended 12-11-1997 by Ord. No. 97-31; 5-14-1998 by Ord. No. 98-08]
(1)
The purpose of this section is to further landscaping
design that will reduce the visual impact of dwellings located on
ridges or within unique viewsheds, promote environmental benefits,
and preserve the rural character of East Amwell Township.
(2)
This chapter shall apply to major subdivisions and
major site plans. The Planning Board shall determine the extent of
required landscaping.
(3)
Landscaping 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 visually pleasing site character. Existing natural buffers shall
be preserved wherever possible.
[Amended 11-8-2007 by Ord. No. 07-16[1]]
[1]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
(4)
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. Native vegetation is to be retained whenever feasible.
[Amended 11-8-2007 by Ord. No. 07-16[2]]
[2]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
(5)
Landscaping plans shall include measures to prevent
nonpoint source pollution from entering surface waters and groundwater,
and to allow buffer areas to be used for stormwater management in
a manner that is proactive and minimizes harmful impacts to natural
resources.
[Added 11-8-2007 by Ord. No. 07-16[3]]
[3]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
(6)
Landscaping in the Sourland Mountain District must conform with the Sourland Mountain ordinances, § 92-89.
[Added 11-8-2007 by Ord. No. 07-16[4]]
[4]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
B.
Landscape plan. A landscape plan prepared by a landscape
architect certified by the New Jersey State Board of Architects and
Certified Landscape Architects shall be submitted with each major
site plan and major subdivision application. The plan shall identify
existing and proposed trees, shrubs, ground cover, natural features
such as rock outcroppings and other landscaping elements. The plans
shall show where they are or will be located and planting and/or construction
details, including street trees, residential lot tree groves and buffering.
When existing natural growth is proposed to remain, the applicant
shall include in the plans the proposed methods to protect existing
trees and growth during and after construction.
[Amended 12-11-1997 by Ord. No. 97-31; 5-14-1998 by Ord. No. 98-08]
C.
Performance guarantee. Developers of major subdivisions shall file a performance guarantee sufficient to cover 120% of the cost of the landscaping plan as required in § 92-18E(1) and (2), and shall provide a maintenance guarantee to ensure the survival of all plantings for a two-year period.
[Added 12-11-1997 by Ord. No. 97-31; amended 5-14-1998 by Ord. No. 98-08]
D.
Site protection and general planting requirements.
(1)
Topsoil preservation. Topsoil moved during the course
of construction shall be redistributed, on site, on all regraded surfaces
so as to provide at least six inches of even cover to all disturbed
areas of the development and shall be stabilized by seeding or planting.
For sites in which an insufficient quantity of topsoil is available
to accomplish the minimum six-inch requirement, topsoil from an off-site
source must be used to supplement as needed.
(2)
Removal of debris. All stumps and other tree parts,
litter, brush, weeds, excess of 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, except in an approved stump
burial areas. If trees and limbs are reduced to chips, they may, subject
to approval of Municipal Engineer, be used as mulch in landscaped
areas.
[Amended 11-8-2007 by Ord. No. 07-16[5]]
[5]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
(3)
Protection of existing plantings during the course
of construction. Maximum effort should be made to save native species
and to preserve mature trees and the forest ecosystem. 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 durable material that will last until construction
is completed. Snow fences and slit fences are examples of acceptable
barriers.
[Amended 11-8-2007 by Ord. No. 07-16[6]]
[6]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
(4)
Slope plantings. Landscaping of the area of all cuts
and fills and/or terraces shall be sufficient to prevent erosion and
all roadway slopes steeper than one foot vertically to three feet
horizontally shall be planted with around covers appropriate for the
purpose and soil conditions, water availability and environment.
(5)
Additional landscaping.
[Amended 3-13-1997 by Ord. No. 97-03; 12-11-1997 by Ord. No. 97-31; 5-14-1998 by Ord. No. 98-08]
(a)
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.
(b)
Every residential lot in a major subdivision
shall have landscaping that includes a tree grove for every 0.5 acre
or part thereof. Tree groves shall be shown on the development plat.
Groves shall consist of no less than five trees of similar growth
pattern planted a distance apart such that maturity will not be hindered
by spacing. 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 site plan approved by the Planning Board. Existing trees
and existing hedgerows may suffice as partial or full fulfillment
of the tree grove requirement, provided that there is sufficient landscaping
to reduce the visual impact of structure(s) situated on ridges or
within unique viewsheds.
(6)
Planting specifications.
[Amended 12-11-1997 by Ord. No. 97-31; 5-14-1998 by Ord. No. 98-08]
(a)
Deciduous and evergreen trees of tall varieties shall be at least 2 1/2 inches caliper at time of planting. At least half of the trees planted on residential lots in tree groves shall be of tall varieties. Trees of medium height varieties shall be at least two inches caliper at time of planting. Shrubs and lower-growing plant material used for foundations and other landscaping are not included in satisfying the tree grove requirement in Subsection D(5). Existing trees and existing hedgerows may be considered as a tree grove.
(b)
Only nursery-grown plant materials or equivalent,
as determined by the Planning Board designated professional, shall
be acceptable, and all trees, shrubs, and ground covers shall be planted
according to accepted horticultural standards. Dead or dying plants
shall be replaced by the developer during the following planting season.
(7)
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. Native plant
species are preferable. Trees used in residential lot tree groves
shall be of a native variety. Street trees may be selected by referring
to guidelines adopted by the Planning Board. (See Appendix for listing
of Plant Species Recommended and Plant Species Not Recommended.[7])
E.
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, or both. When trees are planted at predetermined intervals
along streets, spacing shall depend on tree size as follows:
|
Tree Size
(in feet)
|
Planting Interval
(in feet)
| |
|---|---|---|
|
Large (40+)
|
40-50
| |
|
Medium (30-40)
|
35-40
| |
|
Small (to 30)
|
25-35
|
(b)
When the spacing interval exceeds 40 feet, small
ornamental trees can be spaced between the larger trees. If a street
canopy effect is desired, trees may be planted closer together, following
the recommendation of a certified landscape architect. The 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 may vary depending on overall
effect desired, but as a general rule, all trees shall be the same
kind on a street, except to achieve special effects. Selection of
tree type shall be approved by the Planning Board using the guide
"Shade Trees for Street Planting." The Planning Board may adopt, by
resolution, a "Schedule of Recommended Street Trees" for the guidance
of developers.
(3)
Planting specifications. All deciduous trees shall
have a minimum caliper classification of 2.5 inches to three 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.
[Amended 7-14-1994 7-14-1994 by Ord. No. 94-10]
F.
Buffering.
[Amended 7-14-1994 7-14-1994 by Ord. No. 94-10]
(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. Buffer areas
may function as, or incorporate, stormwater management measures. It
may consist of fencing, evergreens, berms, rocks, boulders, mounds
or combinations to achieve the stated objectives.
[Amended 11-8-2007 by Ord. No. 07-16[9]]
(a)
Except for existing, preserved or transplanted
vegetation, evergreen trees shall be at least eight feet to 10 feet
in height, balled and burlapped when planted. All trees shall be of
a species identified in the Appendix[10] and shall be of nursery stock and free of insects and
disease.
[10]
Editor's Note: The Appendix is on file in
the office of the Municipal Clerk.
(b)
Buffer and screen plantings and landscaping
shall be broken at points of vehicular and pedestrian access to assure
a clear sight triangle.
(c)
All buffer and screen plantings along state
highways shall require a berm as an integral part of the landscaping.
[9]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
(2)
When required. 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 sighting do not provide privacy, the Planning
Board may require landscaping, fences or walls to ensure privacy and
screen dwelling units. When required, buffers shall be measured from
side and rear property lines, excluding access driveways.
(a)
A buffer strip of 100 feet in width shall be
required when any development abuts or fronts on Route 202 or Route
31.
(b)
Parking areas, garbage collection and utility
areas, and loading and unloading areas should be screened around their
perimeter by a buffer strip a minimum of five feet wide.
(c)
Where residential subdivisions abut higher-order
streets (collectors or arterial) adjacent lots should front on internal
streets with landscape buffers from the collector and arterial roads.
(d)
Greenbelts shall surround Old York Village option
or Frontage Road Hamlet option.
G.
Landscaping in parking and loading areas.
(1)
Except for detached single-family and two-family dwelling
units, a screen planting, berm, fence wall or combination thereof,
no less than four feet in height, shall be provided between the off-street
parking areas and any lot line or street line, except where a building
intervenes or where the distance between the areas and lot line or
street line is greater than 150 feet.
(2)
All loading areas shall be landscaped and screened
sufficiently to obscure the view of the parked vehicles and loading
platforms from any public street and adjoining property throughout
the year. The screening shall be by an extension of the building,
a fence, berm, wall, planting or combination thereof and shall not
be less than four feet in height.
[Amended 3-13-1997 by Ord. No. 97-03]
(3)
Each off-street parking area shall have a minimum
area of 5% equivalent to landscaped and shrubs no higher than three
feet. The landscaped areas shall be distributed throughout the parking
area in order to break the view of parked cars in a manner not impairing
visibility.
(4)
One shade tree, measuring 2.5 inches to three inches
caliper minimum, shall be provided for every three spaces.
[Amended 7-14-1994 by Ord. No. 94-10]
(5)
Shrubs used in buffer planting shall be at least three
feet to 3 1/2 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.
[Added 7-14-1994 by Ord. No. 94-10]
[1]
Editor's Note: Former § 92-48,
Cluster development, as amended, was repealed 12-30-2002 by Ord. No.
02-22.
[Amended 11-14-1996 by Ord. No. 96-21]
Concrete curb or granite block curb shall be
installed along all streets and parking lots, unless waived by the
approving authority, and meet the current requirements of the New
Jersey Department of Transportation and the Township. Curbing shall
be installed on major arterial, industrial and minor streets where
required by the Township Engineer, where quantity of flow exceeds
four cubic feet per second in shoulder and/or where soil erosion is
critical. The standard curb section shall be 20 feet in length with
preformed expansion joint material on not more than twenty-foot centers,
shall be set in accordance with approved lines and grades, and radial
curbs shall be formed in a smooth curve. Chord segments are prohibited.
The finish shall be a smooth float finish with corners rounded. Concrete
curbs shall be eight inches by nine inches by 20 inches (six-inch
reveal), using New Jersey Department of Transportation (NJDOT) Class
B concrete having a twenty-eight-day compressive strength of 4,500
p.s.i. and shall be air entrained. The curbing shall be designed to
provide barrier-free curb ramps constructed in accordance with the
current "Design Standards for Curb Ramps for the Physically Handicapped"
of the New Jersey Department of Transportation and the United States
Department of Justice Americans with Disabilities Act (ADA) Handbook.
(See construction details in the Appendix.[1])
[1]
Editor's Note: The construction details are
on file in the office of the Municipal Clerk.
All streets shall be designed to accommodate
storm drainage along streets. Any system shall be adequate to handle
all water which originates within the development and beyond, calculated
on the basis of maximum potential development as permitted under this
chapter. No water shall be diverted as to overload existing drainage
systems or create flooding or the need for additional drainage structures
on other lands without proper and approved provisions being made for
taking care of these conditions, including off-tract improvements.
The overall drainage plan shall consider ways in which groundwater
recharge can be encouraged along with considerations of flood control,
erosion control, and having positive drainage, all in the interests
of maximizing the utilization of the renewable resource of water.
(See construction details in the Appendix.)
A.
A twenty-five-year storm curve shall be used in computing
stormwater runoff for the roadway collection system.
B.
The pipe size shall be determined by acceptable engineering
design procedures but not be less than 15 inches in diameter.
C.
Drainage inlets shall be located at intervals of not
more than 400 feet or such shorter distances as required to prevent
the flow of surface water from exceeding 4.0 cubic feet per second
at the drainage inlet. Access manholes shall be placed at maximum
four-hundred-foot intervals throughout the system and at pipe junctions.
[Amended 11-14-1996 by Ord. No. 96-21]
D.
Where storm drain pipes are installed outside of streets, easements or rights-of-way shall be required in accordance with § 92-52.
[Amended 11-14-1996 by Ord. No. 96-21]
E.
Storm drain pipes shall be the size specified and
laid to the exact lines and grades approved by the Municipal Engineer.
Specifications for manholes, inlets and storm drains shall follow
the Township standard construction details and current NJDOT Standard
Specifications for Road and Bridge Construction.
F.
Where any development is traversed by a watercourse or drainage ditch, a drainage right-of-way easement shall be dedicated to the Township. A minimum of 15 feet beyond the bank top on at least one side shall be provided for access to the drainage right-of-way. (See § 92-51.)
G.
All developments shall incorporate on-site stormwater facilities that will result in stormwater leaving the property at the same rate that existed prior to the development. All measures shall comply with § 92-73, Soil erosion and sediment control. Grading shall direct drainage away from all buildings, prevent the collection of water in pools and avoid the concentration of stormwater from one lot to another.
H.
The following general standards shall be adhered to
in the preparation of stormwater management plans:
(1)
The rate and velocity of runoff from the site following
completion of the planned development shall not exceed that which
would prevail under total coverage in a "meadow of good hydrologic
condition," as defined by the Soil Conservation Service standards,
or previous cover, whichever produces the lesser amount of runoff.
(2)
Maximum use shall be made of presently existing stormwater
runoff control devices, mechanisms or areas such as existing berms,
terraces, grass waterways, favorable hydrologic soils, swales, woodlands,
as well as any proposed retention structures.
(3)
Evaluation shall be made of the nature of the subwatershed(s)
of which the site is a part, the receiving stream channel capacities
and point of concentration structure.
(4)
The plan shall coordinate with the Soil Erosion and
Sediment Control Plan.
(5)
To the greatest extent possible, the plan shall avoid
the concentration of flow and shall provide for the dissipation of
velocities at all concentrated discharge points.
(6)
Reestablishing vegetative cover shall be in accordance
with "Standards & Specifications for Soil Erosion & Sediment
Control in New Jersey," adopted by the Hunterdon County Soil Conservation
District, latest edition.
(7)
Timing for the plan shall establish permanent stormwater
management measures prior to construction or other land disturbance,
to include seeding and establishing sod in grass waterways.
I.
Specific standards.
(1)
Flood and erosion control. A detention facility must
accommodate site runoff generated from two-year, ten-year and one-hundred-year
twenty-four-hour storms considered individually (in each case a Type
III rainfall as defined in Soil Conservation Service publications).
Runoff greater than that occurring from the one-hundred-year twenty-four-hour
storm will be passed over an emergency spillway. Detention will be
provided such that after development the peak rate of flow from the
site will not exceed the following percentages of storms prior to
development: 50% of the two-year and 75% of the ten- and one-hundred-year.
For purposes of computing runoff, all lands in the site shall be assumed,
prior to development, to be in good condition (if the lands are pastures,
lawns, or parks), or with good cover (if the lands are woods) regardless
of conditions existing at the time of computation.
[Amended 11-14-1996 by Ord. No. 96-21]
(2)
Water quality control. In order to enhance water quality
of stormwater runoff, all stormwater management plans must provide
for the control of a water quality design storm. The water quality
design storm shall be defined as the one-year frequency SCS Type III
twenty-four-hour storm or a one-and-one-fourth-inch two-hour rainfall.
The water quality design storm shall be controlled by one of the following
practices:
(a)
In "dry" detention basins, provisions shall
be made to ensure that the runoff from the water quality design storm
is retained such that not more than 90% will be evacuated prior to
36 hours for all nonresidential projects or 18 hours for all residential
projects. The retention time shall be considered a brim-drawdown time,
and therefore shall begin at the time of peak storage. The retention
time shall be reduced in any case which would require an outlet size
diameter of three inches or less. Therefore, three-inch diameter orifices
shall be the minimum allowed.
(b)
In permanent ponds or "wet" basins, the water
quality requirements of this section shall be satisfied where the
volume of permanent water is at least four times the volume of runoff
produced by the water quality design storm.
(c)
Infiltration practices such as dry wells, infiltration
basins, infiltration trenches, buffer strips, etc., may be used to
satisfy this requirement, provided that they produce zero runoff from
the water quality design storm and allow for complete infiltration
with 72 hours.
(3)
In all cases, multiple level outlets or other fully
automatic outlets shall be designed so that discharge rates from the
development of the design storms will not be increased from what would
occur if the development were not constructed. Outlet waters shall
be discharged from the development at such locations and velocities
as not to cause additional erosion or cause additional channels downstream
of the development.
(4)
Outlets from detention facilities shall be designed
to function without manual, electric or mechanical controls.
(5)
The retention site runoff as required by this section
will result in the accumulation in the detention basin of sediment,
including particulate pollution substances, silt and debris. Provisions
must be made for periodic removal of accumulated solid materials.
Computations for storage capacity shall include estimates for one
year's accumulation of solid materials.
(6)
Dams. Any stormwater basin that impounds water through
the use of an artificial dike, levee or other barrier and raises the
water level five feet or more above the usual, mean low water height
when measured from the downstream toe-of-dam to the emergency spillway
crest or in absence of an emergency spillway, the top of dam, is classified
as a dam and subject to N.J.A.C. 7:20, the New Jersey Dam Safety Standards.
All such dams must be designed, constructed, operated and maintained
in compliance with the rules of N.J.A.C. 7:20. A permit issued from
NJDEP shall be a condition of approval by the Planning Board.
J.
Design.
(1)
For calculating runoff and controls, either the Soil
Conservation Method or the Rational Method may be used. For detention
basin design (both flood and erosion control, and water quality control),
the runoff shall be calculated separately for the impervious areas
and the pervious areas. The total runoff (and runoff hydrography)
will be the sum of the runoff from the two areas.
[Amended 11-14-1996 by Ord. No. 96-21]
(2)
All outfalls are to be designed in a manner to retard
velocities at the outfall and provide stream channel protection.
(3)
When a natural drainage pattern is necessarily intercepted,
as by a street, this shall be considered.
(4)
All structures and land treatment practices shall
conform to Standards and Specifications for Soil Erosion & Sediment
Control in New Jersey, latest edition, adopted by the Hunterdon County
Soil Conservation District or as required by ordinance.
(5)
All water-carrying structures and/or retention areas
shall be completed and stabilized prior to diversion of water to them.
(6)
As preliminary to developing the stormwater management
plan, there shall be an inventory of the site showing all existing
natural and man-made drainage-related features, including berms, terraces,
grass waterways, favorable hydrologic soils, poorly drained soils,
wetlands, swales, watercourses, woodlands and floodplains. These should
be incorporated in the plan to the greatest possible extent in accordance
with their functional capability.
(7)
Innovative stormwater runoff control and recharge
devices may be proposed, such as rooftop storage, dry wells, cisterns,
roof drain, infiltration trenches, provided that they are accompanied
by detailed engineering plans and performance capabilities.
K.
Maintenance and repair.
(1)
Responsibility for maintenance and repair of stormwater
control structures, including the periodic removal and disposal of
accumulated particulate material and debris, shall remain with the
owner or owners of the property, with permanent arrangements that
it shall pass to any successive owner, unless assumed by a governmental
agency. If portions of the land are to be sold, legally binding arrangements
shall be made to pass the basic responsibility for maintenance to
any successive owner, hereinafter referred to as the "responsible
person."
(2)
Prior to granting approval to any project subject
to review under this section, the applicant shall enter into agreement
with the Township to ensure the continued operation and maintenance
of the stormwater control structures. This agreement shall be in a
form satisfactory to the Township Attorney and may include, but may
not necessarily be limited to, personal guarantees, deed restrictions,
covenants, operation and maintenance funds, 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 a stormwater control structure becomes
a danger to public safety and health, or if it is in need of maintenance,
the Township shall 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 Township Engineer. If the responsible person fails or refuses
to perform such maintenance and repair, the Township may immediately
proceed to do so and shall bill the cost thereof to the responsible
person.
(4)
The Township Engineer shall make recommendations to
the approving authority, for all new applications, as to which of
the stormwater management options (i.e. private ownership, common
land, homeowners' association, Township ownership or maintenance)
will best serve the public interest and preserve public health, taking
into account the cost to the Township and local conditions.
[Added 11-14-1996 by Ord. No. 96-21]
(5)
In the event a storm drainage detention basin is located
on common land, the provisions of N.J.S.A. 40:55D-43 must be followed.
[Added 11-14-1996 by Ord. No. 96-21]
A.
Driveway permit. No person shall cut, construct or
alter any driveway, new or existing, or the drainage associated with
any driveway without first securing a driveway permit from the Township
Department of Public Works Superintendent. For the purpose of this
chapter the term "driveway" in addition to its common meaning shall
also refer to any lane, accessway, construction entrance, or private
road. For the purpose of this chapter a driveway shall be considered
altered when a driveway at any point within 50 feet of the center
of the roadway is paved, widened, narrowed, relocated, when its grade
is changed, or when modified such that the prior existing drainage
is altered. (The normal maintenance of replacing stone and patching
asphalt shall not be considered as an alteration.)
[1]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
B.
Application.
[Amended 7-14-1994 by Ord. No. 94-10; 10-10-1996 by Ord. No. 96-19; 12-11-2003 by Ord. No. 03-20]
(1)
All applications for a driveway permit and all applications
for subdivision and site plan shall include a driveway plan drawing
showing:
(a)
Location of the driveway;
(b)
Center line profile of the driveway;
(c)
Materials used for base and depth of base;
(d)
Materials used for surface and depth of surface;
(e)
Existing drainage facilities or features;
(f)
Alterations to drainage facilities or features;
(g)
Temporary and permanent soil erosion control
measures and materials;
(h)
Any materials that the Township shall be required
to supply;
(i)
Locations of all existing and/or proposed driveways
on or within 200 feet of the property;
(j)
Location of all trees with greater than 12 inches
dbh (diameter breast height) within 50 feet of the proposed driveway
location and/or sight triangle.
(2)
The Township Department of Public Works Superintendent
and/or Township Engineer shall review the driveway plan, inspect the
site and approve the plan.
[Amended 11-8-2007 by Ord. No. 07-16[2]]
[2]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
(3)
Common driveways shall be provided unless the applicant
can demonstrate that a proposal utilizing separate driveways is safe
and does not impact scenic roadside character, water resource conservation
or woodland conservation. Driveways shall be located in a manner that
minimizes openings in the forest canopy.
(4)
When the grade of the driveway within 50 feet of the
center line of the roadway shall exceed 4% or when the local conditions
are such as determined by the Township Department of Public Works
Superintendent, an approved detailed drainage design plan shall be
required. Such a plan shall be subject to the approval of the Township
Engineer before a driveway permit can be issued.
[Amended 11-8-2007 by Ord. No. 07-16[3]]
[3]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
(5)
The Township Department of Public Works Superintendent
shall approve the installed driveway. This approval shall constitute
a condition for the issuance of a certificate of occupancy.
[Amended 11-8-2007 by Ord. No. 07-16[4]]
[4]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
C.
Fee and drainage pipe.
[Amended 10-10-1996 by Ord. No. 96-19; 7-14-2005 by Ord. No. 05-20; 11-8-2007 by Ord. No. 07-16;[5] 4-9-2020 by Ord. No. 20-07]
(1)
A fee of $35 shall be submitted to the Township Construction
Official with the application for a driveway permit. A driveway bond
in the form of a check in the amount of $2,500 shall be required for
the issuance of a driveway permit. When all conditions are met, as
determined by the Township Department of Public Works Superintendent,
the driveway bond shall be refunded. However, expenses billed by the
Township Engineer, when engineering review of design is determined
to be necessary by the Township Department of Public Works Superintendent,
shall be deducted from the driveway bond. If the permit holder does
not complete the work specified in the permit within one year of the
date of issuance of the permit, the Township Department of Public
Works Superintendent has the option of having the construction of
the driveway completed by a contractor or by the Road Department.
The cost of completing the work will be deducted from the driveway
bond. If the permit holder does not complete the work specified in
the permit within five years of the date of issuance of the permit,
the Township shall have the right to retain the unused amount of the
driveway bond.
(2)
If, in connection with the construction or alternation
of a drive, the Township Department of Public Works Superintendent
determines that a drainage pipe is required along the roadway, the
applicant shall, at its sole cost and expense, install such drainage
pipe in accordance with the specifications determined by the Township
Department of Public Works Superintendent and Engineer. Such specifications
shall include the composition and diameter of the drainage pipe, the
base beneath and surrounding the drainage pipe, the length and angle
of the drainage pipe, the material to be installed at both ends of
the drainage pipe, and such other specifications as are determined
by the Township Department of Public Works Superintendent and Engineer.
[5]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
D.
Grade.
[Amended 10-10-1996 by Ord. No. 96-19]
(1)
All driveways shall be built such that no runoff flows
onto the public roadway.
(2)
All driveways shall be designed, constructed and maintained
such that the finished grade of the driveway as measured from the
center line of the public roadway to a point within 50 feet of the
center line of the roadway shall not exceed 4%. (Translation: the
vertical rise of the driveway over the fifty-foot distance from the
centerline of the roadway shall not exceed 24 inches.)
[Amended 11-8-2007 by Ord. No. 07-16[6]]
[6]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
(3)
No new driveway shall be constructed at a profile
grade exceeding 15% at any point. If a proposed uphill driveway will
exceed a profile grade of 8% anywhere within the first 200 feet, as
measured from the road right-of-way line along the driveway center
line, then that portion of the driveway which exceeds 8% within the
first 200 feet shall be paved with bituminous concrete surface.
(4)
Where the standard described above cannot be met, the Township Department of Public Works Superintendent and/or Township Engineer shall be responsible for approving driveway designs. (See Subsection B above.)
[Amended 11-8-2007 by Ord. No. 07-16[7]]
[7]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
E.
Angle. All residential driveways shall be constructed so that the angle between the driveway center line and the near edge of the roadway shall be 90° for a minimum distance of 50 feet from the center line of the road. The angle between commercial and industrial driveways and the near edge of the roadway shall be as approved by the Township Planning Board during site plan review. The Township Department of Public Works Superintendent and Engineer shall review all site plan applications and provide input to the Planning Board before final site plan approval. (See § 92-63.)
[8]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
F.
Width. All residential driveways shall have a minimum driving width of 10 feet and a maximum width of 12 feet. Common driveways shall have a minimum width of 10 feet and a maximum width of 14 feet. Leading from the edge of the roadway along the driveway there shall be a minimum widened approach which shall depend upon the conditions of the specific location, but in no case shall it be less than a five-foot radius or flare on each side of the driveway. The widths of commercial and industrial driveways shall be as approved by the Township Planning Board during site plan review. The Township Department of Public Works Superintendent and Engineer shall review all site plan applications and provide input to the Planning Board before final site plan approval. (See § 92-63)
[Amended 10-10-1996 by Ord. No. 96-19; 12-11-2003 by Ord. No. 03-20; 11-8-2007 by Ord. No. 07-16[9]; 3-8-2018 by Ord. No.
18-02]
[9]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
G.
Erosion control.
[Amended 7-14-1994 by Ord. No. 94-10]
(1)
All driveways shall be designed, constructed and maintained
at all times in such a manner as to prevent erosion of soil, driveway
stone and debris so silt and debris shall be prevented from running
onto the public roadways and adjoining property or from entering road
gutters, catch basins, inlets or drainpipes. Any person whose driveway
causes or contributes to erosion, creates excess runoff onto the roadway
or adjoining property or with reference to any driveway constructed
or altered after the effective date hereof that does not comply with
any provision of this chapter shall, upon written notice from the
Township Department of Public Works Superintendent, correct the condition
causing said problems within 30 days of said notification.
[10]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
(2)
All driveways or entrances being used as construction
entrances shall be constructed in accordance with the Standards for
Soil Erosion and Sediment Control in New Jersey as prepared by the
New Jersey Soil Conservation Committee, latest edition. Maintenance
of the construction entrances shall be in accordance with the state
standards. All conditions causing soil and/or sediment to be tracked
or deposited onto the public rights-of-way shall be corrected immediately.
All sediment spilled, dropped, washed, or tracked onto public rights-of-way
shall be removed immediately.
H.
Drainage.
(1)
All driveways shall be designed, constructed and maintained
in such a manner as not to interfere with the drainage along the existing
roadway.
[Amended 10-10-1996 by Ord. No. 96-19]
(2)
Under no circumstances shall a driveway be allowed
to extend beyond the edge of the existing ditch line of a public roadway
and create a hump or uneven driving surface on the pavement or traveled
way or shoulder.
(3)
In certain situations, as determined by the Township
Department of Public Works Superintendent, the driveway may be constructed
to have a sufficient rise above shoulder level to prevent excess runoff
from the roadway onto adjacent property.
[Amended 11-8-2007 by Ord. No. 07-16[11]]
[11]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
(4)
The construction of a properly sized dish-type gutter
will be permitted, provided that existing water flow will not be blocked,
altered or changed in any manner.
(5)
The installation of a suitably sized reinforced concrete
pipe or culvert shall be required in the event that the existing flow
line or ditch cannot be crossed with a shallow dish-type gutter. The
size of the pipe or culvert required shall be subject to the approval
of the Township Department of Public Works Superintendent, but in
no case shall the pipe or culvert be less than 15 inches in diameter
or 32 feet in length.
[Amended 7-14-1994 by Ord. No. 94-10; 10-10-1996 by Ord. No. 96-19; 11-8-2007 by Ord. No. 07-16[12]]
[12]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
(6)
The installation of suitably sized cross drains shall
be required at points along the driveway as deemed necessary by the
Township Department of Public Works Superintendent in order to prevent
the accumulation of large quantities of runoff water and effects of
soil erosion on the public right-of-way or adjoining property.
[Amended 11-8-2007 by Ord. No. 07-16[13]]
[13]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
I.
Construction material. Driveways shall be constructed
of the following materials from the edge of the existing traveled
way or pavement a distance of 50 feet from the roadway center line
(or such shorter distance as is approved by the Township Department
of Public Works Superintendent):
(2)
(3)
Driveways entering curbed roads.
(a)
Curbs crossing driveways shall be constructed
or reconstructed to provide a depression with a two-inch curb height
relative to the edge of the roadway pavement. The top of the depressed
curb shall be sloped down toward the roadway to provide a one-and-one-half-inch
curb face.
(b)
The total depth of concrete shall be maintained
across the depression.
(c)
Transitions from the depressed curb to the full
faced curb shall be over a maximum length of 18 inches.
(d)
The width of the depressed curb shall be subject
to approval by the Township Department of Public Works Superintendent.
(4)
Any driveway requiring site plan approval or serving
a premises which requires site plan approval shall be in accordance
with such approval.
(5)
All materials shall comply with the New Jersey Department
of Transportation Standard Specifications for Road and Bridge Construction,
current edition, and all amendments and revisions thereto.
[14]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
J.
Sight triangle.
(1)
Exit driveways. Any driveway used for exit onto a
street shall be designed in a profile, grading, and location to permit
a minimum sight distance of 150 feet measured in each direction along
the center line of the intersecting street. The sight distance measurement
shall be from a sight point on the center line of the exit driveway
10 feet behind the edge of the road. A clear sight triangle shall
be established connecting the "sight points" described above, and
shall be graded and otherwise kept free of shrubbery, fences, structures,
etc., in order to maintain clear vision between sight points.
[15]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
(2)
Entrance driveways. Any driveway used for entrance
from a street shall be located to permit a minimum sight distance
of 150 feet for left-turning vehicles, from the intersection of the
driveway and street center line.
(4)
Commercial and industrial driveways. For a commercial
use, the above minimum sight distances shall be increased by 50%.
For industrial uses, sight distance shall be increased by 100%.
(5)
All driveway sight triangles shall conform to the
requirements of the Land Development Standards of Hunterdon County
and the American Association of State Highway and Transportation Officials
(AASHTO).
[Added 10-10-1996 by Ord. No. 96-19]
K.
Inspection.
[Amended 11-8-2007 by Ord. No. 07-16[16]]
(1)
The Township Department of Public Works Superintendent
shall be notified at least 48 hours prior to beginning construction
or alteration of the driveway so he may inspect same during construction
or alteration. Upon completion of the construction or alteration of
the driveway, the Township Department of Public Works Superintendent
shall be notified to inspect same and shall sign the permit as evidence
of compliance with standards cited herein; the construction or alteration
of the driveway shall not be in accord with the provisions of this
chapter unless and until said permit has been so signed.
(2)
In the event the construction or alteration of the
driveway entrance is not completed in accord with the permit theretofore
issued, the Township Department of Public Works Superintendent shall
endorse on the permit the manner in which such construction is not
in accord with said permit, and the owner shall thereafter correct
such conditions within days or in the case of a new residential driveway,
final resurfacing shall not be required until issuance of the certificate
of occupancy.
(3)
Failure of the Township Department of Public Works
Superintendent to sign the permit within 21 days after submission
of said permit following completion shall be deemed as approval by
the Township.
[16]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
L.
Construction permit and performance guarantee.
[Amended 12-30-2002 by Ord. No. 02-22]
(1)
No certificate of occupancy shall be issued for the
construction or alteration of any structure for which a driveway permit
is required until the driveway permit shall have been endorsed by
the Township Department of Public Works Superintendent, and all work
required hereunder shall be completed.
[Amended 11-8-2007 by Ord. No. 07-16[17]]
[17]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
(2)
In the event improvements cannot be completed at the
time of application for certificate of occupancy because of unsatisfactory
weather conditions, such as cold or freezing temperatures or wet soil
conditions, the certificate of occupancy may be issued, provided that
a performance guarantee, in the form of cash sufficient in amount
to cover one and two-tenths times the estimated cost of said work
or uncompleted portions thereof, is filed with the Municipal Clerk.
(Such cost estimates shall be approved by the Township Engineer.)
(3)
Upon notice to the Township Department of Public Works Superintendent of the completion of said work, the Township Department of Public Works Superintendent shall again inspect the same and shall endorse an opening permit as provided for under Subsection K above. When the opening permit and all work required hereunder shall be completed, the Clerk shall return any remaining amount of cash performance guarantee.
[Amended 11-8-2007 by Ord. No. 07-16[18]]
[18]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
M.
Violations. Any person, firm or corporation violating
this chapter causing damage to or obstruction of any public road,
gutter, storm drain, ditch, basin, inlet or culvert or causing soil
or sediment to be spilled, dropped, washed, or tracked onto the public
right-of-way shall be responsible for all expenses incurred by the
Township for repairing or preventing said damage or removing said
obstruction, soil, or sediment in addition to the penalties herein
provided.
[Amended 7-14-1994 by Ord. No. 94-10]
N.
Agricultural exits/entrances. Agricultural exits and
entrances, which are used solely for farming purposes, and which are
usually seasonal in use, shall not be subject to the requirements
of this section. These agricultural exits and entrances shall not
be permanent and must be installed and removed in accordance with
the requirements of the Township Department of Public Works Superintendent,
taking into account the traffic and safety on the road and the type
of farming operation.
[19]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
[Amended 3-13-1997 by Ord. No. 97-03; 3-8-2018 by Ord. No.
18-02]
An environmental impact statement shall be prepared
for the Planning Board by the applicant at the applicant's expense
and shall accompany all preliminary site plan and subdivision plats.
This environmental impact statement shall include the following:
A.
A description of the development specifying what is
to be done during construction and operation, and how, including practical
alternate plans to achieve the objective(s). Such description should
set forth solutions to anticipated environmental problems as well
as suggestions on how the development design will conserve energy
and maximize utilization of renewable energy sources.
B.
An inventory of on-site environmental conditions and
an assessment of the probable impact of the development upon them:
aquatic ecology including water conditions and aquatic populations;
surface and subsurface hydrogeology; potable water supply; wetlands;
geology; soils and properties thereof, including capabilities and
limitations; sewage treatment; topography; vegetation; presence of
rare, threatened or endangered species; noise characteristics and
levels; existing land use; any particular past or present use that
might have involved toxic or hazardous materials such as a dump, disposal
site, or manufacturing operation; aesthetics and history. Air and
water quality shall be described with reference to standards of the
Department of Environmental Protection of the State of New Jersey,
and soils shall be described with reference to Soil Conservation Service
categories and characteristics.
C.
For major subdivisions, the applicant is required
to submit pollutant loading analysis. The analysis should consist
of the computation of predeveloped and post-development pollutant
loads for the following parameters: phosphorous, nitrogen, suspended
solids, lead, and petroleum hydrocarbons. The object of this analysis
is to substantiate that the post-development storm runoff is properly
mitigated and that there is no net increase in the off-site generation
of the above-stated pollutants. This requirement can be waived by
the approving authority upon the request of the applicant.
D.
A list and the status of the approvals needed from
federal, state or county agencies including any comments of these
governmental agencies.
E.
An evaluation of any residual adverse environmental
impacts (short-term and long-term) which cannot be avoided, including
air and water pollution, noise, sedimentation and siltation.
F.
A description of steps to be taken to avoid or minimize
or mitigate or compensate for adverse environmental impacts both during
and after construction and operation, including maps, schedules and
other explanatory data.
G.
Notwithstanding the foregoing, the approving authority
may waive all or part of an environmental impact report for good reason
and if sufficient evidence is submitted to support a conclusion that
the development will have a slight or negligible environmental impact,
or that the complete report need not be prepared to evaluate the environmental
impact of the development.
[Amended 3-8-2001 by Ord. No. 01-02]
Fences and walls shall not be located in any required sight triangle (see § 92-71), nor shall any fence or wall be located within the road right-of-way, which is a minimum of 25 feet from the center line of the road. Fences shall not exceed four feet in height for the length that they are located in the front yard. Fences and walls behind the minimum front yard setback shall have a maximum height of six feet. Deer fencing shall not exceed a maximum height of 12 feet. Where the fence to be constructed is not identical on both sides, the better side of the fence, i.e., the side absent internal structural components, shall face the adjoining properties.
[Amended 7-14-1994 by Ord. No. 94-10; 3-13-1997 by Ord. No.
97-03; 9-25-2003 by Ord. No. 03-14]
A.
Installation requirements for storage tanks. Applicants
for all major subdivisions, and all major site plans of 10,000 square
feet or greater, excluding farm buildings, shall be required to install
underground water storage tanks and appurtenances for fighting fires,
as detailed in this section, and as approved by the Township Engineer.
(1)
Major subdivision applicants shall install such tanks
according to the following schedule of new lots created:
|
Number of lots
|
Number of Thirty-Thousand-Gallon Tanks
| |
|---|---|---|
|
3 to 6
|
1
| |
|
7 to 10
|
2
| |
|
11 to 15
|
3
| |
|
16 and over
|
Discretion of Township Engineer, in consultation
with Fire Company
|
(2)
Major site plan applicants shall install such tanks,
according to the following schedule of new square feet constructed:
|
Square feet
|
Number of Thirty-Thousand-Gallon Tanks
| |
|---|---|---|
|
10,000 to 19,999
|
1
| |
|
20,000 to 29,999
|
2
| |
|
30,000 to 39,999
|
3
| |
|
40,000 and over
|
Discretion of Township Engineer, in consultation
with Fire Company
|
B.
Location of storage tanks.
(1)
The location of all fire protection systems and appurtenances
shall be approved by approving authority, Township Engineer and Township
Fire Official in consultation with the Fire Company. The location
of all systems, system components and easements shall be clearly shown
on the subdivision and/or site plans approved by the approving authority.
(2)
The storage tanks shall be located on private property,
just outside the road right-of-way, within an access easement dedicated
to the Township and the Fire Company as may be needed for access to
any such fire protection device. The easement shall be restricted
against any grading and plantings and must be maintained by the property
owner with no obstruction to the pipes, manholes and appurtenances.
Where possible, tanks shall be no less than six feet and no greater
than nine feet from the curb face or pavement edge.
(3)
Storage tanks shall be located and installed so that
the farthest point of any structure is no farther than 1,000 linear
feet from any such tank or dry hydrant as measured along the street,
either public or private, and the access driveway to the structure.
(4)
When storage tanks are required as a result of creating
flag lots, the storage tanks shall be located outside the road right-of-way,
at or near the intersection of the public street and driveway, as
approved by the Township Engineer in consultation with the Fire Company.
C.
Capacity of storage tanks. Storage tank capacity shall
be based on NFPA 1142, Water Supplies for Suburban and Rural Fire
Fighting (hereinafter referred to as NFPA 1142), using 75% of the
tank capacity, and shall meet Insurance Service Office (ISO) requirements.
Notwithstanding the above, the minimum capacity of each storage tank
shall be 30,000 usable gallons.
D.
Design and construction of storage tanks. Unless an
equivalent alternate fire protection system is authorized by the approving
authority, the Township Engineer and the Fire Official, in consultation
with an official from the Amwell Valley Fire Company, storage tanks
shall be constructed and installed in accordance with NFPA 1142 and
the following:
(1)
Storage tanks shall be constructed of fiberglass or
other noncorrodible materials.
(2)
Storage tanks shall be new and certified by the manufacturer
for the intended use. Storage tanks shall be installed a minimum of
four feet below grade as measured to the top of the tank. The maximum
distance from the bottom of the tank to the ground surface shall not
exceed 15 feet. Storage tanks shall be designed and installed with
antiflotation footings and straps.
(3)
A six-inch suction intake pipe with a six-inch N.S.T.
female swivel connection and cap shall be provided on each storage
tank. The suction connections shall be no higher than 12 inches above
the bottom of the tank. All connections must be fire rated for drafting
operations and be installed at a height of 36 inches above grade.
Suction pipe shall be protected from vehicular traffic by two bollards.
The bollards shall be located so as not to obstruct the Fire Department
access to the connection. To facilitate circulation and filling, a
four-inch pipe located at the tank with two two-and-one-half-inch
female N.S.T. swivels, fire rated with threaded caps shall be installed
at a maximum height of two feet above grade. The tank shall include
a thirty-inch or greater manhole with a locking cover. Both the manhole
and all pipes extending above grade shall be surrounded by a concrete
pad at ground level. Concrete pads shall be six inches thick NJDOT
Class C concrete with welded wire fabric. Venting of the tank shall
be provided with an eight-inch minimum diameter pipe located at the
tank. The vent shall permit a minimum flow of 1,000 gpm. The vent
shall be constructed to prevent materials from easily being dropped
into the tank. All piping used with the tank shall be Schedule 40
or 80 PVC, painted with an appropriate primer and two coats of red
polyurethane paint.
(4)
Storage tanks shall provide for drawing water directly
from an opening on the top or, if the topography permits, from an
attached dry hydrant with sufficient head and size of connecting pipe
to permit a flow of 1,000 gpm for 30 minutes. Suitable access for
firefighting apparatus must be provided to the tank or dry hydrant
without blocking the passage of other apparatus equipment. When dry
hydrants are used in conjunction with storage tanks, they shall be
limited to two dry hydrants per tank spaced no more than 800 feet
apart. A structure may not be more than 500 feet from the most remote
dry hydrant. Piping from storage tanks to hydrants shall be a minimum
of eight-inch diameter, Class 52, ductile iron pipe.
(5)
The tank must provide a method for determining the
water level and an alarm system external to the tank to warn of low
levels. Such external warning device shall be a four-inch by four-inch
red metal flag on a float that lowers below the height of the standpipe
when insufficient capacity is present in the tank. The flag shall
also indicate that the Fire Department shall be contacted when the
flag is lowered.
E.
Alternate water supplies.
(1)
Underground water storage tanks are always the first
choice for water storage for fire suppression. However, if approved
by the approving authority, Township Engineer and Fire Official, ponds,
retention basins, lakes, streams and residential sprinkler systems
may serve as equivalent fire protection systems. NFPA 1142 will apply
where the following is not specific:
(a)
For ponds or retention basins, the minimum capacity
to supply an adequate source of water for fire protection is 60,000
gallons in volume excluding the bottom two feet of water in the pond
or basin. The minimum capacity must be available throughout the year,
even during drought conditions; or
(b)
Lakes or streams may be used, subject to the
applicant’s demonstration that the lake or stream meets the
criteria set forth above for ponds and approval is provided by applicable
governmental agency.
(2)
Suitable access for fire-fighting apparatus must be
provided to a dry hydrant or suitable drafting point connected to
the pond, basin, lake or stream at all times. An access easement shall
be dedicated to the Township and the Fire Company that contains a
hold harmless agreement for the Township and the Fire Company and
right to use the easement when necessary as it pertains to fire-fighting,
maintenance and testing. Access to the source must be via a paved
surface from the standpipe or dry hydrant to the paved road surface.
F.
Drawings and details required.
(1)
Complete details of the storage tank and appurtenances
shall be shown on the subdivision or site plan drawings to be reviewed
and approved by the approving authority, Engineer and Fire Official
at the time the subdivision and/or site plan is reviewed.
(2)
Construction details shall also be provided, describing
in both words and drawings how the systems will be installed and tested.
G.
Installation of storage tanks.
(1)
All tanks shall be installed in accordance with the
manufacturer’s specifications for installation and shall be
provided with all necessary appurtenances and equipment, which shall
be readily accessible to fire-fighting equipment.
(2)
During construction, access to all structures, storage
tanks and roads shall be provided at all times.
H.
Signage.
(1)
It shall be the responsibility of the developer to
supply, install and maintain all signs required herein until the Township
officially accepts the tank.
(2)
A sign shall be installed directly behind the suction
pipe that shall read, “FIRE COMPANY USE ONLY. Unauthorized use
or tampering subject to a $250 fine.” All signs shall be constructed
of reflective, durable weatherproof materials. All signage shall conform
to design standards as set forth by the New Jersey Department of Transportation
and shall be approved by the Township Engineer and Fire Official.
(3)
The storage tank location shall be delineated “No
Stopping or Standing” zones on both sides of the street at each
tank location for a distance of 75 feet in each direction from the
water outlet device of such tank on both sides of the street. Such
delineation shall be appropriately identified by signs meeting the
Manual on Uniform Traffic Control Devices, latest edition, and design
standards set forth by the New Jersey Department of Transportation.
The private property owner shall be required to give the Township
the right-of-way to enforce these requirements under Title 39 of the
New Jersey Statutes.
I.
Testing of system and certification of storage tanks.
(1)
It shall be the developer’s responsibility to
perform all testing on the tanks and system and provide all manpower,
equipment and materials required. The Township Engineer or his authorized
representative, or the Fire Official, shall witness all tank testing.
The witness shall file a report with the Board, Township Engineer
and Fire Official describing the test and the test results as required
herein.
(2)
After placing the storage tank and but prior to backfilling
the tank, the tank shall be air tested to confirm that there are no
leaks and that all joints are tight. If below grade piping is used,
that too shall be included in the air test. The type and duration
of the test shall be as approved by the Township Engineer or Fire
Official.
(3)
After passing the air test, backfilling the tank and
installing all appurtenances and components of the system, the developer
shall fill the tank with trucked-in water and test it for leaks and
to confirm that it and all its appurtenances operate properly. The
type and duration of the test shall be as approved by the Township
Engineer or Fire Official.
(4)
The Fire Company shall perform the final test. The
tank shall be filled with trucked-in water by the developer; the Fire
Company will then test the tank by connecting a pumper or similar
piece of equipment and pumping from the tank, simulating actual conditions
that may be encountered during a fire. The developer will be responsible
for contacting the Fire Company and making all arrangements for the
test. The Fire Company will have 90 days to test the tank from the
time it is contacted by the developer.
(5)
After all tests are complete, the developer shall
refill the tank to the design capacity.
(6)
Following passing of the above tests and refilling
the tank, the Township Engineer or his authorized representative,
or the Fire Official, shall issue a report stating that the tank has
been tested and approved. Copies of the report shall be distributed
to the approving authority, Township Engineer, Township Fire Official,
Amwell Fire Company, East Amwell Township Construction Official and
the developer.
J.
Construction permits and certificates of occupancy. In all cases where a storage tank(s) is required, no construction permit shall be issued for a structure upon any lot within the subdivision or site plan until such system is installed and its operability tested and approved by the Township Engineer or Fire Official, in accordance with Subsection I above, and access is provided in accordance with Subsection K below.
K.
Fire protection during construction.
(1)
Fire Company vehicular access to all structures under
construction shall be provided at all times. In areas where ground
surfaces are soft or likely to become soft, hard all-weather surface
access roads shall be provided.
(2)
The storage tanks shall be installed, tested, approved
and operated in accordance with NFPA 1142 and this section, prior
to bringing combustible materials to the site.
L.
Performance guarantee, inspection fee and maintenance
bond.
(1)
The developer shall post a performance guarantee and inspection escrow in accordance with Code Section § 92-18 for the cost of the tank and appurtenances upon approval of the development application.
M.
Maintenance, acceptance and inspections.
(1)
Maintenance of the easement for the standpipe shall
be the responsibility of the Township Road Department. The property
owner shall also be responsible for cutting and trimming of all grass,
vegetation, trees, shrubs, etc., from the easement area. Removal of
snow from the area immediately around the tank and removing snow from
the tank access roadway to allow Fire Company access to the tank or
alternate water source shall be the responsibility of the Township
Road Department.
(2)
Following the filing of any required easements, acceptance
of the tank by the Township, release of the performance guarantee
and posting of the maintenance bond, the tank and its appurtenances
shall become the property of the Township.
(3)
Prior to release of the maintenance bond by the Township,
maintenance of the tank and appurtenances and refilling of the tank
after use shall be the responsibility of the developer. Any maintenance
and/or construction defects detected within the two-year maintenance
period shall be corrected by the developer.
(4)
After release of the maintenance bond by the Township,
maintenance of the tank and appurtenances shall be the responsibility
of the Township. The refilling of the tank after use shall be the
responsibility of the Fire Company.
(5)
Periodic inspections of the tank shall be the responsibility
of the Township Fire Official.
N.
Penalties.
(1)
Failure to comply with any provisions of this section
shall be considered as a failure to comply with above ordinance[1] of the Township. Penalties shall be assessed by the Township
Fire Official in accordance with the provisions of the Uniform Fire
Code, N.J.A.C. 5:70-1 et seq.
[1]
Editor’s Note: “Above ordinance”
refers to Ord. No. 03-14.
(2)
Unauthorized use, tampering or causing damage of any
kind to any fire suppression water storage systems or any part of
same shall be subject to a minimum penalty of $250 for the first offence
and $500 for each subsequent offence.
[Amended 3-13-1997 by Ord. No. 97-03]
A.
Floodplains shall be preserved and not built upon.
Where a property containing a floodplain is proposed for development
or other improvements, no proposed structures shall be located within
the one-hundred-year floodplain. The uses permitted in the one-hundred-year
floodplain shall be limited to general farming, overflow parking and
loading areas or areas serving peak parking and loading demands, lawns,
gardens, detention basins, and ponds meeting other state regulations
and open space/recreation areas not requiring permanent structures.
No septic systems shall be in the one-hundred-year floodplain. Except
as otherwise provided below, the one-hundred-year floodplain shall
be at least that area designated on the streams identified on the
Floodway Maps prepared by the National Flood Insurance Program, or
such broader areas on those streams as might result from on-site evaluation
by a developer's engineer and approved by the Township Engineer, or
such broader areas on any stream as might hereafter be designated
by the National Flood Insurance Program or the New Jersey Department
of Environmental Protection, Division of Water Resources.
B.
The purposes for the flood area protection are:
(1)
To prevent the encroachment of development into flood
hazard areas in order to protect human life and health, prevent constricting
the area needed for the passage of floodwaters, and avoid increases
in flood levels and velocity of flows resulting from encroachment.
(2)
To implement the rules and regulations promulgated
by the New Jersey Department of Environmental Protection.
(3)
To guide construction, regrading and other encroachments
that might otherwise occur in flood hazard areas to other locations
outside flood hazard areas through the use of cluster zoning and other
planned developments.
(4)
To prevent pollution during low- or high-water periods
by eliminating unsanitary or dangerous substances in flood hazard
areas.
(5)
To minimize public expenditures for flood control
projects, repairs to public facilities and utility services, and rescue
and relief efforts.
(6)
To minimize disruption in the enjoyment and activities
in homes, businesses and places of employment.
(7)
To give better assurance that buyers are notified
of the limits of the flood hazard area on a property and that those
who occupy or use properties having flood hazard areas assume responsibility
for their actions.
(8)
To comply and qualify with the purposes, standards
and provisions of the Federal Floodplain Insurance Coverage Program.
C.
Variances in Flood Hazard District. In reviewing the
applications for relief from these floodplain regulations, the approving
authority shall, to the extent they are consistent with the standards
set forth in the Municipal Land Use Law, consider the following:
(1)
All structural and engineering standards in light
of the purposes of these provisions as well as the danger that materials
may be swept away; the danger to life and property; the susceptibility
of the proposed facility and its contents to flood damage; the importance
of the services provided by the proposed facility to the community;
the necessity of having the facility at a waterfront location; the
availability of alternative locations for the proposed use; the compatibility
of the proposed use with exiting and anticipated development; the
relationship of the proposed use to the floodplain management program
of that area; the safety of access to the lot in times of a flood;
the limits of the flood hazard area.
(2)
Allowance for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic
Places or the New Jersey Register of Historic Places while considering,
as part of the reconstruction, rehabilitation or restoration, those
improvements that might be required as a condition of approval that
would result in greater protection from flood damage.
(3)
Relief shall only be issued upon a determination that
the relief is the minimum necessary to alleviate a hardship.
(4)
Any applicant to whom a variance from the requirements
of this section is granted shall be given written notice that the
structure will be permitted to be built with the lowest floor elevation
below the base flood elevation and that the cost of flood insurance
will be commensurate with the increased risk resulting from the reduced
lowest floor elevation.
(5)
The Zoning Officer shall maintain records of all requested
applications for relief from the requirements of this section, including
technical information, and report any such applications to the Federal
Insurance Administration upon request.
[Amended 3-13-1997 by Ord. No. 97-03]
Where open space or common property is generated
and the Township will not take title to such land, a homeowners' association
shall be established. The organization shall incorporate the following
provisions which shall be submitted and approved by the Planning Board
and if necessary by the New Jersey Department of Community Affairs
prior to final plat approval:
A.
Membership by all owners of property or interests
in the project shall be mandatory. Required membership and its responsibilities
shall be in writing between the organization and each member in the
form of a covenant with each agreeing to liability for his pro rata
share of the organization's costs.
B.
The organization shall be responsible for liability
insurance (with the municipality carried as a named insured), taxes,
maintenance and any other obligations assumed by the organization,
and shall hold the municipality harmless from any liability. The organization
shall not be dissolved and shall not dispose of any common open space
or common property by sale or otherwise, except to an organization
conceived and established to own and maintain such open space or property
for the benefit of such development. Such organization shall not be
dissolved or dispose of any of its open space or property without
first offering to dedicate the same to the municipality(ies) wherein
the land is located.
C.
The organization shall be allowed to adjust the assessment
to meet changing needs.
D.
The organization shall clearly describe in its bylaws
all the rights and obligations of each tenant and owner, including
a copy of its covenants, model deeds, and articles of incorporation.
The master deed shall state that every tenant and property owner shall
have the right to use all common properties.
E.
The articles of incorporation, covenants, bylaws,
model deeds and other legal instruments shall insure that control
of the organization shall be transferred to the members based on a
percentage of the dwelling units sold and/or occupied and shall clearly
indicate that in the event such organization shall fail to maintain
the common open space or common property in reasonable order and condition,
the Township may serve written notice upon such organization or upon
the owners of the development setting forth the manner in which the
organization has failed to maintain the common open space or common
property in reasonable condition, and said notice shall include a
demand that such deficiencies of maintenance be cured within 35 days
thereof, and shall state the date and place of a hearing thereon which
shall be held within 15 days of the notice. At such hearing, the Township
Committee may modify the terms of the original notice as to deficiencies
and may give a reasonable extension of time not to exceed 65 days
within which they shall be cured. If the deficiencies set forth in
the original notice or in the modification thereof shall not be cured
within said 35 days or any permitted extension thereof, the Township,
in order to preserve the common open space and common property and
maintain the same for a period of one year, may enter upon and maintain
such land. Said entry and maintenance shall not vest in the public
any rights to use the common open space and common property except
when the same is voluntarily dedicated to the public by the owners.
Before the expiration of said year, the Township Committee shall upon
its initiative or upon the request of the organization theretofore
responsible for the maintenance of the common open space and common
property call a public hearing upon 15 days' written notice to such
organization and to the owners of the development, to be held by the
Township Committee, at which hearing such organization and the owners
of the development shall show cause why such maintenance by the Township
shall not, at the election of the Township Committee, continue for
a succeeding year. If the Township Committee shall determine that
such organization is ready and able to maintain said open space and
property in reasonable condition, the Township shall cease to maintain
said open space and property at the end of said year. If the Township
Committee shall determine such organization is not ready and able
to maintain said open space and property in a reasonable condition,
the Township Committee may, in its discretion, have the Township continue
to maintain said open space and property during the next succeeding
year, subject to a similar hearing and determination in each year
thereafter. The decision of the Township Committee in any such case
shall constitute a final administrative decision subject to judicial
review.
F.
The cost of such maintenance by the Township shall
be assessed pro rata against the properties within the development
that have a right of enjoyment of the common open space and common
property in accordance with assessed value at the time of imposition
of the lien, and shall become a lien and tax on said properties and
be added to and be a part of the taxes to be levied and assessed thereon,
and enforced and collected with interest by the same officers and
in the same manner as other taxes.
A.
The purpose and intent of this lighting section is
to preserve the rural, agricultural and historic nature of East Amwell,
preserve East Amwell's investment in farmland preservation, protect
the sky from light pollution and unnecessary sky glow, promote environmentally
sound and responsible use of resources, protect drivers and pedestrians
from glare, protect the natural environment from the damaging effects
of night lighting from man-made sources, discourage the waste of electricity
and improve or maintain nighttime public safety, utility, and security.
B.
Applicability of this lighting section.
C.
This subsection contains general standards which apply
to all outdoor lighting.
(1)
All outdoor light fixtures shall be installed and
maintained to comply with the following requirements:
(a)
Only shielded or fully shielded light fixtures
shall be used. Opaque fixtures which are not fully shielded, shielded
or partly shielded are permitted only when the total illumination
source within the opaque fixture shall not exceed 900 lumens (approximate
output of sixty-watt incandescent lamp).
(b)
Light fixtures emitting more than 900 lumens
shall not be aligned, focused or designed to illuminate above the
horizontal plane passing through the lowest part of the light fixture
and shield.
(c)
Two light fixtures to illuminate a single United
States or New Jersey State flag at the same location is permitted.
Each such fixture shall not exceed 1,000 lumens and shall use only
a narrow cone of light, the beam angle of which shall be based on
a circle having a radius equal to the width of the flag, except that
flags having a width of 12 feet or more shall not be illuminated by
a beam with a radius greater than two-thirds of the width of the flag.
Light fixtures which illuminate the United States or New Jersey State
flags shall operate by a timer which will turn the lights off no later
than 11:00 p.m.
(d)
Other architectural, landscape, ornamental,
accent, and decorative lighting, and other direct light emissions
shall not be visible above the roofline and shall operate by a timer
which will turn the lights off no later than 11:00 p.m.
(e)
All floodlight-type fixtures shall be fully
shielded, aimed no higher than 45 degrees from straight down and,
once properly installed, shall be permanently affixed in the proper
position.
(f)
Lighting fixtures are not permitted within the
side yard or the rear yard building setbacks.
(2)
Poles and standards:
(a)
Maximum mounting height of an outdoor lighting
fixture shall be 25 feet or the height of the building roofline, whichever
is less, measured from the ground level to the lowest part of the
fixture. In walkways and bikeways the maximum mounting height shall
be 15 feet measured from the ground level to the lowest part of the
fixture.
(b)
All poles or standards shall be anodized, coated
or made of a material which shall minimize glare from the light source.
(Wooden poles are an acceptable choice; polished metal is not acceptable.)
(c)
All pole-mounted fixtures for ground and horizontal
lighting shall be aligned to point straight down.
(3)
Light trespass.
(a)
All outdoor lighting shall be designed and installed
in a manner which shall result in the direct or diffused source of
illumination not being visible at any point on the property boundary
at a height of three feet above the ground surface or anything greater.
This can be accomplished through shielding, placement, type and style
of fixtures and other devices which are technically feasible.
(b)
Lighting shall not project off the property.
At the property line, or at a distance of 150 feet from a structure,
whichever is less, illumination from light fixtures shall not exceed
0.1 footcandles in a vertical plane, measured at three feet above
the ground surface.
(c)
Outdoor light fixtures shall be designed, installed
and maintained so that there will be no objectionable direct light
emissions.
(4)
Prohibited illumination includes: exterior light globes (except those which are in compliance with opaque fixtures under Subsection C(1)(a); unshielded sources; upward pointed light sources except as permitted under Subsection C(1)(c) for illumination of a single United States or New Jersey State flag; tower lighting except as required by the FAA; off-site lighting of outdoor advertisements or signs; advertisements or signs not about the business at that location; laser source lights; searchlights; arc lights; animated lights; rotating, moving, pulsed, and flashing lights.
D.
This subsection contains standards which apply only
to residential and agricultural lighting.
(1)
Barn lights and dusk-to-dawn lights are permitted
only when fully shielded and properly aligned.
(2)
Externally illuminated building identification, signs
and advertisements are prohibited for residential lighting.
(3)
Externally illuminated building identification, signs
and advertisements about an approved farm business at that location
are permitted and shall be designed so that they turn off no later
than 1/2 hour after closing and no later than 11:00 p.m. Externally
illuminated signs shall be lit with lighting fixtures mounted to the
top of the sign. When top-mounted fixtures are shown to be not feasible
for good cause, additional directional control devices and/or visors
shall be required to eliminate any spill light. Total illumination
for building identification, signs and advertisements shall not exceed
10,000 lumens.
E.
This subsection contains standards which apply only
to commercial and public lighting.
(1)
Lighting where required by the Building Code of the
State of New Jersey shall comply with the Ninth Edition of the Illumination
Engineering Society of North America (IESNA) Lighting Handbook using
minimum illumination levels, as permitted, which are suitable for
a rural environment.
(2)
Sports and recreational lighting shall comply with all sections of Subsection C; however, an exception to Subsection C(2) is made with respect to maximum mounting height requirements which shall be set in accordance with the guidelines as established in the Ninth Edition of the IESNA Lighting Handbook, as described under "Sports and Recreational Area Lighting," which is suitable for a rural environment.
(3)
Fully shielded outdoor lighting for security purposes
which complies with the provisions of this section is permitted during
operating hours. During nonoperating hours, all outdoor lighting for
security purposes shall be activated only by a device such as a motion
sensor, infrared sensor, or security alarm system; alternatively,
outdoor lighting for security purposes shall be turned off during
nonoperating hours. Light sources which cannot be rapidly turned on
and off are prohibited for use for security purposes.
(4)
Externally illuminated building identification, signs
and advertisements about the business at that location, or parking
lots shall be designed so that they turn off no later than 1/2 hour
after closing. Externally illuminated signs shall be lit with lighting
fixtures mounted to the top of the sign. When top-mounted fixtures
are shown to be not feasible for good cause, additional directional
control devices and/or visors shall be required to eliminate any spill
light. Total illumination for building identification, signs and advertisements
shall not exceed 10,000 lumens.
(5)
Dusk-to-dawn lights are prohibited for commercial,
sports and recreational facilities. (Note that outdoor lighting for
security purposes as described above can be used instead as necessary.)
F.
Plans required. Plans shall include the following:
(1)
Description of outdoor light fixtures, including specifications
such as type, wattage, and lumens of lamps, reflectors, optics, angle
of cutoff, support and poles. The manufacturer's catalog cuts for
each fixture shall be included on the plans.
(2)
Location and description of every outdoor light fixture
and the hours of operation.
(3)
Location and description of motion detectors for security
lighting and the light fixtures controlled by the unit.
(5)
Computer-generated photometric grid showing average
footcandles every 10 feet or less.
(6)
Foundation details of lightpoles.
(7)
Height of mounting of light fixture.
G.
Compliance monitoring.
(1)
Safety hazards. If the Township Engineer or Township
Zoning Officer determines a lighting installation creates a safety
hazard, the person(s) responsible for the lighting shall be notified
and required to take remedial action.
(2)
Nuisance glare and inadequate illumination levels.
When the Township Engineer or Township Zoning Officer determines an
installation produces unacceptable levels of nuisance glare, skyward
light, excessive or insufficient illumination levels or otherwise
varies from this section, the Township may cause notification of the
person(s) responsible for the lighting and require appropriate remedial
action.
(3)
Night-time lighting inspection. A night-time lighting
inspection shall be conducted by the Township Engineer or Building
Inspector to confirm that the new lighting is in conformance with
the section and Board approvals prior to a certificate of occupancy
being issued. A note stating the above shall be added to all lighting
plans or plans containing lighting information and/or design.
H.
Preexisting lighting installed before the adoption
of the current lighting regulations is exempt only where such preexisting
lighting was in compliance with the prior lighting regulations or
was installed before the prior lighting regulations.
[1]
Editor's Note: The purpose of this ordinance was stated as: "Revisions to the existing Lighting Ordinance have been made because the previously existing Lighting Ordinance (§ 92-57 of the Code) is not readily understandable to those who are not lighting experts. The objective of this ordinance is to revise the language to provide objectively defined standards and improved flexibility to residents who seek lighting for safety and aesthetic purposes."
A.
Insofar as is practical, lots shall be rectangular,
lot lines shall be straight, and side lot lines shall be either at
right angles or radial to street lines.
B.
Each lot must front upon an approved public street.
C.
Lots with frontage on two streets shall have access
to the street with the lower traffic function.
D.
Extra width for street widening in accordance with
an adopted Master Plan shall either be offered by easement or, if
not, shall be anticipated by increasing the lot size in anticipation
of future right-of-way.
E.
Where there is a question as to the suitability of a lot(s) due to rock formations, flood conditions, wetlands, high-water table, where percolation tests or test borings show the ground conditions to be inadequate for proper sewage disposal, or similar circumstances, the approving authority may, after adequate investigation, withhold approval of such lots. See the definitions in § 92-4.
[Amended 3-13-1997 by Ord. No. 97-03]
F.
Where two or more contiguous lots exist under the
same ownership and one or more of said lots do not conform with the
area and/or dimension requirements of this chapter, said contiguous
lots shall be considered merged into the greatest number of conforming
lots.
G.
Grandfather clause.
[Amended 8-20-1992 by Ord. No. 92-09; 7-14-1994 by Ord. No. 94-10; 11-16-1995 by Ord. No.
95-15; 9-9-1999 by Ord. No. 99-20; 3-8-2001 by Ord. No. 01-02; 9-12-2002 by Ord. No. 02-18; 12-30-2002 by Ord. No. 02-22; 9-25-2003 by Ord. No.
03-14; 12-11-2003 by Ord. No. 03-20]
(1)
Any nonconforming lot which legally existed as of June 1, 1979, within any zoning district in the Township of East Amwell other than the Sourland Mountain District and/or the Amwell Valley Agricultural District and which lot is smaller than the minimum lot size currently required in the subject zoning district for the proposed use, but is at least 1/2 the minimum lot size currently required, may have a construction permit issued for the proposed use without the need for variance approval, provided that each of the following conditions are met:
(a)
The proposed use is a permitted use in the subject
zoning district;
(b)
The applicable maximum lot coverage specified
for the proposed use in the subject zoning district is not exceeded;
(c)
The proposed new structure does not violate
either the applicable maximum height requirement or the applicable
minimum yard setback requirements, except that the required side yard
and/or rear yard setback distances may be reduced by the same percentage
ratio that the area of the undersized lot bears to the required lot
size specified for the proposed use in the subject zoning district;
provided, however, that no side or rear yard shall be reduced to less
than 1/2 than otherwise required; and further provided, that the lot
width is the size which was allowed by the approving authority at
the time the lot was created.
(d)
All applicable parking requirements are met;
(e)
The potable water well and septic system locations
conform to all applicable Board of Health requirements; and
(f)
The subject nonconforming lot does not abut vacant land and, even if the subject lot abuts developed land, the subject nonconforming lot is the largest possible assemblage of contiguous land under the ownership of the applicant which might be utilized for the proposed use; provided, however, that the provisions of § 92-87G, approved by Ordinance No. 98-28, and of § 92-91I, approved by Ordinance No. 99-06, supersede this requirement in the Amwell Valley Agricultural District.[1]
[1]
Editor's Note: Former Subsection G(2), regarding nonconforming lots in the Sourland Mountain District, which Subsection immediately followed this Subsection, was repealed 9-14-2006 by Ord. No. 06-21. Said ordinance also provided for the redesignation of former Subsection G(3) through (5) as Subsection G(2) through (4), respectively. See now § 92-89K.
(2)
Any nonconforming lot which legally existed as of March 3, 1988, in the Amwell Valley Agricultural District and which is at least 1 1/2 acres in size, may have a construction permit issued for a single-family detached dwelling without the need for variance approval, provided that each of the conditions specified in § 92-58G(1)(a) through (f) hereinabove are met. See also § 92-91I.
(3)
Any nonconforming lot at least one acre in size which legally existed in that portion of the Residential District which was changed to the Amwell Valley Agricultural District on July 14, 1994, may have a construction permit issued for a single-family detached dwelling without the need for variance approval, provided that each of the conditions specified in § 92-58G(1)(a) through (f) hereinabove are met.
H.
Whenever land has been dedicated to the Township in
order to meet the minimum street width requirements or to implement
the Master Plan, the Zoning Officer shall not withhold a zoning permit
when the lot depth and/or area was rendered substandard due to such
dedication and where the owner has no adjacent lands to meet the minimum
requirements.
I.
Grandfather clause for clustered lots. Any lot less
than 1 1/2 acres in size, whether vacant or upon which a single-family
detached dwelling has been constructed, and which lot legally existed
as of September 1, 1995, as a residential lot in a clustered residential
development approved by the East Amwell Township Planning Board, may
have a construction permit issued for a single-family detached dwelling
and/or a building permit issued for either an addition to the principal
building or for the construction of an accessory building, provided
that the following conditions are met:
[Added 11-16-1995 by Ord. No. 95-15; amended 12-30-2002 by Ord. No. 02-22]
(3)
Coverage maximums:
(a)
Building coverage: 10%.
(b)
Lot coverage: 15%.[2]
[2]
Editor's Note: Former Subsection J, regarding nonconforming lots in the Sourland Mountain District, added 10-13-2005 by Ord. No. 05-30, which Subsection immediately followed this Subsection, was repealed 9-14-2006 by Ord. No. 06-21. See now § 92-89K.
A.
Purpose. The purpose of this section is to provide a realistic opportunity for a program to rehabilitate deficient housing in which low- and moderate-income households live. These provisions are geared toward the Township meeting its obligation to provide opportunities to improve the housing stock of its indigenous poor in conjunction with its other rehabilitation efforts. Any aspects of development that relate to providing lower-income housing shall also be consistent with Chapter 43, Affordable Housing, Article I, Affordable Housing Regulations.
B.
Required participation. The issuance of building permits or certificates of occupancy, or the granting of subdivision or site plan approvals on properties where the approval requires one or more dwelling units to be dedicated to lower-income housing as set forth in this chapter and Chapter 43, Affordable Housing, Article II, Affordable Housing Regulations, shall be denied unless the developer complies with the obligation to participate in the housing program pursuant to both these ordinances, and the approving authority may impose any reasonable conditions to secure such undertaking.
[Amended 7-14-1994 by Ord. No. 94-10]
A.
Monuments shall be the size and shape required by
the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) as amended, be placed
in accordance with said statute, and indicated on the final plat.
B.
In addition to the monuments required by the Map Filing
Law, the following are required:
C.
Property corner markers required above shall be set
by licensed surveyors and, except for monuments required on filed
maps, shall be composed of durable material and be of the minimum
length practical to reasonably assure permanence, with a recommended
length of 18 inches or more. These markers may include:
(1)
Concrete monuments.
(2)
Galvanized pipes, 1/2 inch O.D. or larger.
(3)
Reinforcing steel bars 1/2 inch O.D. or larger.
(4)
Galvanized pipes, 1/2 inch O.D. or larger.
(5)
Commercially manufactured iron or aluminum monuments.
(6)
Brass disks (or similar metal), set in durable material.
(7)
Nails or spikes set in durable materials.
(8)
Drill holes in durable materials.
See § 92-87.
[Amended 11-8-2007 by Ord. No. 07-16[1]]
Before final approval the approving authority
may require the payment of the developer's pro-rata share of the following
off-tract improvements: street improvements, water system, sewerage,
stormwater management and drainage facilities and easements therefor.
A.
Essential off-tract improvements may be required to
be installed or a performance guarantee furnished in lieu thereof,
with the total cost borne by the developer.
(1)
Where a development has no direct access to an improved
street or public or private central water supply or central sanitary
sewer and does not qualify for individual sewage disposal systems,
the approving authority may nevertheless grant final approval if the
developer shall acquire and improve such street between the development
and an existing improved street and, in the case of water/sewer system(s),
if the developer shall acquire and improve such water and sanitary
sewer connections between the development facilities and existing
facilities.
(2)
Where drainage waters are diverted from the development
into other drainage systems or onto other lands or streets and they
are not adequate to accommodate the additional waters, the approving
authority may grant final approval if the developer shall acquire,
improve and dedicate to the Township such enlarged, additional or
new stormwater management and drainage facilities.
(3)
In lieu of the developer's performing such off-tract
work, the developer may request and the Township Committee may enter
into an agreement for such work to be performed by the Township or
its contractors at the cost of the developer.
(4)
Where the approving authority determines that off-tract
improvements are essential to the development and the developer does
not consent to the improvements, the application shall be denied,
without prejudice, to a future application at such time as the conditions
no longer apply.
B.
Advisable off-tract improvements. Where the approving
authority finds that off-tract improvements would be advisable, although
not essential and the improvements would promote the objectives of
this chapter and can be most appropriately accomplished in connection
with the development, and particularly where the off-tract improvements
would be required to be made as a local improvement by the Township
with the costs thereof to be assessed against all properties specially
benefited thereby, (including the property of the developer), the
following provisions shall apply:
(1)
During the processing of the application the approving
authority shall refer its recommendations for off-tract improvements
to the Township Committee.
(2)
If the Township Committee concurs, the Municipal Engineer
or other authority retained by the Township shall determine the nature
of the off-tract improvements including the needs created by the applicant's
proposed development and the then-existing needs in the area, notwithstanding
any work of the applicant.
(3)
The Municipal Engineer or other authority shall estimate
the costs of such work, including all costs to be in any local improvement
ordinance and those to be assessed to the developer and including
costs for construction, engineering, any easement or right-of-way
acquisition, legal work, advertising, contingencies, bonding and assessments.
(4)
If the Township Committee will not adopt a local improvement
ordinance, the final development shall be designed accordingly, and
the approving authority shall proceed on that basis.
(5)
If a local improvement ordinance is adopted, the Township
Committee shall proceed in the following manner:
(a)
If sufficient funds are available for the initial
appropriation, the Township Committee may appropriate such funds and
adopt such ordinance.
(b)
If sufficient funds are not available for the
initial appropriation, the Township Committee may determine the anticipated
amount that the lands of the applicant would be expected to be assessed.
[1]
The amount determined by the Township Committee
shall then be deposited by the applicant with the Township Treasurer
prior to final approval and prior to introduction of such local improvement
ordinance.
[2]
Such deposit shall be made concurrent with an
agreement between the applicant and the Township concerning the uses
of the deposit which shall include the following stipulations:
[a]
That said funds shall be used by
the Township solely for the expenses of such off-tract improvements;
that such deposit may be appropriated by the Township, with other
funds of the Township, and may be commingled with other appropriated
funds and expended by the Township in connection with such purposes;
[b]
That if such deposit is not used
by the Township within a specified time agreed upon by the applicant,
said funds shall be returned to the applicant;
[c]
That upon completion of the work
by the Township or its contractors, the properties specially benefited
by such improvement shall be assessed as provided by law, including
the property of applicant;
[d]
That the applicant's deposit shall
be credited against the assessment made upon applicant's property
(whether or not applicant is then the owner thereof); and
[e]
That if such deposit was less than
the amount ultimately assessed against such property, then the owner(s)
of said property shall pay the difference between the deposit and
such assessment, or if the deposit exceeded the amount assessed, the
excess shall be refunded to the applicant, without interest.
[3]
Where said off-tract improvements are found
by the approving authority to be advisable and important to the sound
development of the site, but the developer is unwilling to make such
deposit as specified above, then there shall be no final approval
until funds become available for the initial appropriation required
to adopt the local improvement ordinance.
(6)
The determination of the Township Committee whether
or not to proceed toward the adoption of a local improvement ordinance
shall be made within 30 days after the referral by the approving authority
unless such time shall be extended with the consent of the applicant.
If the determination is not made within the designated period, the
approving authority may proceed as if the Township Committee had determined
that it would not adopt such local improvement ordinance.
C.
When off-tract improvements are required in Subsections A or B above, the following standards shall be used to calculate the contributions required:
(1)
Every developer making application for development
which requires or will benefit from the installation of off-tract
sanitary sewerage, stormwater management and drainage, and street
improvements shall contribute to a fund hereinafter established for
the construction of the off-tract facilities.
(2)
Contributions shall be made for each improvement.
The amount thereof shall be determined as follows:
|
Contribution = Pro-rata Share x Estimated Cost
of Facility
|
(a)
The pro-rata share and the estimated cost of
the facility shall be as determined hereafter for each of sanitary
sewerage, stormwater management and drainage, and street improvements.
(b)
The contribution shall be determined at the
time of preliminary plat or preliminary site plan approval, as the
case may be.
(3)
Sanitary sewerage. Contributions for off-site sanitary
sewerage shall be for both the transportation of sewage and for the
treatment thereof.
(a)
Determination of pro-rata share.
[1]
The pro-rata share shall be determined as follows:
|
Pro-rata share
|
=
|
Flow from development
__________________________
Capacity of off-tract facility
|
[2]
These parameters shall be quantified as follows:
[a]
"Flow from development" in gallons
per day shall be equal to the flow determined in the engineer's report
made part of the New Jersey Department of Environmental Protection's
sanitary sewer construction permit.
[b]
"Capacity of off-tract facility"
in gallons per day shall be equal to flow determined in the engineer's
report made part of the New Jersey Department of Environmental Protection's
sanitary sewer construction permit, or, if the facility is part of
a proposed facility, it shall be the capacity of the facility stated
in the Comprehensive Utility Plan segment of the Master Plan.
(b)
The estimated cost of the facility, in dollars,
shall be as determined by the Township Engineer at the time of the
first contribution for the improvement thereof. The Township Engineer
shall prepare a detailed cost estimate thereof and shall file copies
in the Municipal Clerk's office. The estimate shall include the current
value of the United States Environmental Protection Administration
construction cost index for sewer construction or sewage treatment
plant construction, as the case may be, or if such is unavailable,
the current value of the Engineering News Record construction cost
index. This shall be the base cost index. Contributions by other developers
at a later date shall then be based on the original cost estimate,
which shall be adjusted by the ratio of the latest cost index to the
base cost index at the time of preparation of the estimate. For the
purpose of cost index adjustments, pumping stations and appurtenances
shall be considered as treatment plants, and force mains therefor
shall be considered as sewers.
(4)
Storm drainage. Contribution of off-tract storm drainage
shall be for stormwater pipes, inlets, culverts, channels, detention
basins, and all other required appurtenances and components.
(a)
Determination of pro-rata share.
[1]
The pro-rata share shall be determined as follows:
|
Pro-rata share
|
=
|
Developed runoff
____________________
Capacity of facility
|
[2]
The parameters shall be quantified as follows using the methods described in Chapter 122, Stormwater Management.
[a]
"Developed runoff" in cubic feet
per second shall be the peak runoff from the tract for a one-hundred-year
storm subsequent to the development.
[b]
"Existing runoff" in cubic feet
per second shall be the peak runoff from the tract for one-hundred-year
storm prior to development.
[c]
"Capacity of the facility" shall
be from the utility plan segment of the Master Plan, except that in
the case of a contribution for an off-tract detention pond, it shall
be the peak rate of stored inflow of the detention basin required
at the point of discharge into the outfall channel.
(b)
The estimated cost of the facility, in dollars,
shall be as determined by the Township Engineer at the time of the
first contribution for the improvement thereof. The Township Engineer
shall prepare a detailed cost estimate thereof and shall file copies
in the Municipal Clerk's office. The estimate shall include the current
value of the Engineering News Record construction cost index. This
shall be the base cost index. Contributions by other developers at
a later date shall then be based on the original cost estimate, which
shall be adjusted by the ratio of the latest cost index to the base
cost index at the time of preparation of the estimate.
(5)
Street improvements. Contribution for off-tract street
improvements shall be for improvements required by the traffic generated
from the development.
(a)
Determination of pro-rata share.
[1]
The pro-rata share shall be determined as follows:
|
Pro-rata share
|
=
|
Traffic demand
_________________________
Capacity of proposed facility
|
[2]
The parameters shall be quantified as follows:
[a]
"Traffic demand" shall be the total
daily traffic generated by the facility with truck and bus generations
adjusted to passenger equivalents by methods stated in the Highway
Capacity Manual, current edition.
[b]
"Capacity of the proposed facility"
shall be the level of Service C capacity, which shall be considered
as follows:
|
Street Classification
|
Vehicles per day
| |
|---|---|---|
|
Major collectors (four-lane)
|
10,000
| |
|
Minor collectors (two-lane)
|
6,000
| |
|
Local streets
|
800
|
(b)
Estimated costs of the facility, in dollars,
shall be as determined by the Township Engineer at the time of the
first contribution for the improvement thereof. The Township Engineer
shall prepare a detailed cost estimate thereof and shall file copies
in the Municipal Clerk's office. The estimate shall include the current
value of the Engineering News Record construction cost index. This
shall be the base cost index. Contribution by other developers at
a later date shall then be based on the original cost estimate, which
shall be adjusted by the ratio of the latest cost index to the base
cost index at the time of preparation of the estimate.
(6)
All of the estimates of cost of facility, as required
above, shall be reviewed and updated as necessary at the same time
as the Master Plan updates are required by the Municipal Land Use
Law.
D.
Construction of improvements.
(1)
If a developer constructs off-tract improvements as
part of a development, he shall be entitled to reimbursement of the
cost of the improvement, less the cost of such developer's pro rata
share. In no event shall a developer receive as reimbursement an amount
in excess of the total of all amounts heretofore contributed pursuant
to this chapter for a specific off-tract improvement.
(2)
If the improvement is undertaken by the municipality,
it shall withdraw from the improvement fund the amount necessary to
construct the facility; provided, however, that it may do so at the
beginning of the fiscal year in which the improvement is scheduled
to be made, provided further, however, that the municipality shall
not exceed the amounts for the specific improvements set aside in
the fund.
(3)
Nothing of this chapter shall be construed to require
the Township of East Amwell to construct any improvement within any
specified time. In the event that a decision is made by the Township
Committee not to construct an improvement for which funds have been
contributed, the developer shall be entitled to the return of its
contribution.
E.
Off-Tract Improvement Fund.
(1)
There shall be established by the Treasurer of the
Township of Fast Amwell an interest-bearing trust fund entitled "Off-Tract
Improvement Fund," into which contributions as assessed above shall
be deposited and from which construction costs, as defined above,
shall be withdrawn.
(2)
The Treasurer shall maintain separate accounts for
each specific improvement to which a contribution has been made and
shall record by whom and in what amount each contribution was made
for each improvement.
(3)
The Treasurer shall apportion interest earned on the
account to each fund as its balance relates to the total balance.
(4)
If a balance remains subsequent to the completion
of an improvement, any developer who has contributed to the fund for
that specific improvement shall be entitled, provided that a petition
is made within one year, to have refunded an amount equal to such
developer's pro rata share of the remaining balance. Any moneys remaining
which have not been refunded shall be reappointed to the remaining
accounts.
[1]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
(See construction details in Appendix.[1])
A.
Driveways shall conform to the driveway provisions in § 92-51. Driveways to uses other than residential shall be limited to one to any street, except that, when the frontage exceeds 500 feet, the number of drives may be based on one drive for each 250 feet of property frontage with the center line spaced at least 65 feet apart. Each drive shall handle no more than two lanes of traffic; be at least 50 feet from the street line of any intersecting street; and be at least 20 feet from any property line. Curbing shall be either depressed at the driveway or have the curbing rounded at the comers with the access drive connected to the street in the same manner as another street.
B.
Access to parking and loading spaces shall be by on-site
aisles to permit each vehicle to proceed to and from each space without
moving another vehicle. Parking spaces shall not be an extension of
any street right-of-way.
C.
Buffers. Parking and loading areas for six or more vehicles shall be buffered from adjoining streets and single-family residential uses meeting the objectives of § 92-46.
D.
Curbing. Off-street parking areas containing six or
more spaces and all off-street loading areas shall have concrete curbing
around the perimeter located in conjunction with an overall drainage
plan. Curbing shall be ramped in accordance with the "Design Standards
for Curb Ramps for the Physically Handicapped" of the New Jersey Department
of Transportation with ramps opposite each aisle.
E.
Dimensions.
(1)
Off-street parking spaces shall be 10 feet wide and
20 feet in length. A portion of the total number of spaces shall
be accessible. The number of spaces, construction of the spaces and
access to them shall be in accordance with the Uniform Construction
Code of New Jersey, Subchapter 7, Barrier Free Subcode,[2] latest edition.
[Amended 11-8-2007 by Ord. No. 07-16[3]]
|
For Parking Spaces 10 Feet Wide
| |||
|---|---|---|---|
|
Angle of Parking Space
|
One-Way Aisle
|
Two-Way Aisle
| |
|
90°
|
22 feet
|
23 feet
| |
|
60°
|
18 feet
|
20 feet
| |
|
45°
|
15 feet
|
20 feet
| |
|
30°
|
12 feet
|
18 feet
| |
|
Parallel
|
12 feet
|
18 feet
| |
(2)
Off-street loading spaces shall have 15 feet of vertical
clearance and be designed as follows:
|
Loading Space
|
Apron Length
| |||
|---|---|---|---|---|
|
Length
|
Width
|
90°
|
60°
| |
|
60 feet
|
10 feet
|
72 feet
|
66 feet
| |
|
60 feet
|
12 feet
|
63 feet
|
57 feet
| |
|
60 feet
|
14 feet
|
60 feet
|
54 feet
| |
F.
Drainage facilities shall be installed in accordance with good engineering practice as approved by the Municipal Engineer and in accordance with § 92-50, Drainage, and Chapter 122, Stormwater Mangement. Where subbase conditions are wet, springy or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least six to 12 inches below the proposed subgrade and filled with a suitable subbase material as determined by the Municipal Engineer. Where required by the Municipal Engineer, a system of porous concrete pipe, subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. Parking spaces shall not exceed a grade of 4%, and interior access drives shall not exceed 6.5%.
[Amended 11-8-2007 by Ord. No. 07-16[4]]
[4]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
G.
Surfacing shall be approved as part of the plan approval
and shall conform to the paving requirements shown in the construction
details of the Appendix.[5] All shall be constructed in accordance with the Standard
Specifications of the New Jersey Department of Transportation.
[5]
Editor's Note: The construction details are
on file in the office of the Municipal Clerk.
H.
Landscaping in parking and loading areas shall be
shown on the site plan. Trees shall be spaced so as not to interfere
with driver vision, have branches no lower than six feet, and placed
at the rate of at least one tree for every 10 parking spaces. All
areas between the parking area and the building shall be landscaped
with trees, shrubs and ground cover. Any plantings which do not live
shall be replaced within one year or one season. A majority of the
parking areas for more than 50 cars shall be obscured from streets
by buildings, landscaped berms, natural ground elevation or plantings,
singly or in combination.
J.
Location of parking and loading areas.
(1)
Loading spaces shall be located on the same lot as
the use being served. No off-street parking or loading space shall
have direct access from a street.
(2)
No loading and parking space shall be located in any
required buffer area, and all spaces shall be set back sufficient
distance to prevent any part of a vehicle from overhanging the street
right-of-way or property line.
(3)
Parking spaces located to serve residential uses shall
be within 150 feet of the entrance of the building and within 300
feet of commercial/industrial uses.
(4)
No parking shall be permitted in fire lanes, streets,
driveways, aisles, sidewalks or turning areas.
[1]
Editor's Note: The construction details are
on file in the office of the Municipal Clerk.
[Added 7-14-1994 by Ord. No. 94-10]
A.
Purpose. It is the general purposes and intent of
the open space and recreation requirements for residential development
that:
(1)
All new residential developments provide recreational
facilities as part of the overall recreation program of the Township;
(2)
Passive and active recreation are of equal importance
and both serve legitimate municipal health, safety and welfare purposes;
(3)
To the extent feasible, central recreation facilities
owned and maintained by the Township be generally accessible to the
majority of Township residents, and active recreation be centrally
located in close proximity to existing recreation facilities, Township-owned
recreation lands; and
(4)
Active recreation, designed or located such that the
potential users of said facilities are limited to a certain development
or portion thereof, be owned and maintained by private homeowners'
associations.
B.
Open space. The following shall be the minimum open
space requirements for the uses permitted in all residential zones:
A minimum standard based upon one acre per 100 people is recommended.
This may be part of the open space required on a given parcel. Large
tracts are preferable to scattered sites. Lands recommended on the
Greenways Plan or trails referred to in the Recreation Plan Element
are preferred.
C.
Active recreation requirements.
(1)
The following shall be the minimum active recreation
requirements for all residential development, based on the number
of approved units:
(a)
Fifty units or more:
[1]
Two tennis courts, plus one tennis court for
each 25 additional units.
[2]
One basketball court, plus one basketball court
for each 50 additional units.
[3]
One tot-lot, plus one tot-lot for each 50 additional
units.
[4]
One ball field, regulation ninety-foot diamond
(two acres).
[5]
One multipurpose turfed area of at least 100
feet by 100 feet, plus one multipurpose turfed area for each 50 additional
units.
(2)
All active recreation constructed shall be dedicated
to a homeowners' association, unless the Township specifically agrees
to accept dedication pursuant to the developer's request.
(3)
Contribution in lieu of construction of active recreation. In lieu of construction of the active recreation required by Subsection C(1) above, the developer may elect, with approval by the approving authority, to make a contribution of $1,000 per unit to the Recreation Trust Fund maintained by the Township specifically for the periodic purchase, lease, acquisition and/or maintenance of active recreation lands and improvements for the use of Township residents. It is expressly understood that the contribution of $1,000 per unit shall be adjusted annually, on February 1 of each year, based upon the Consumer Price Index for Urban Wage Earners and Clerical Workers as published by the United States Bureau of Labor Statistics, said increase to reflect the Consumer Price Index increase, if any, from the prior year. Said contribution shall be paid at the time of final approval. The land required to be used for active recreation pursuant to Subsection C(1) above shall thereafter be used for passive recreation, unless the Township elects to construct active recreation facilities thereon at the Township's expense.
A.
Electricity. Electronic equipment shall be shielded
so there is no interference with any radio or television reception
beyond the operator's property.
B.
Air, water and environmental pollution. No use shall
emit heat, odor, vibrations, noise or any other pollutant into the
ground, water or air that exceeds the most stringent, applicable state
and federal regulation. No permit shall be issued for any use where
a state permit is required until the state has ascertained and approved
the level and quality of emission, type and quality of emission control,
and level of monitoring to be conducted.
C.
Storage and waste disposal. No materials shall be
deposited so they can be transferred off the lot, directly or indirectly,
by natural forces such as precipitation, surface water, evaporation
or wind. All materials which might create a pollutant or be a safety
and health hazard shall be stored indoors and/or be enclosed in appropriate
containers to eliminate such pollutant or hazard. No flammable or
explosive substance shall be stored on a property except under conditions
approved by the Fire Department.
D.
Hazardous or toxic materials. Any industrial or manufacturing
use, which handles chemical, corrosive, toxic and/or hazardous materials
shall be permitted only as a conditional use, and only where such
materials are incidental supplies and not the primary use. After review
of the environmental impact report on the type, quantity and disposal
of the materials, including how the materials will be handled, stored
and/or shipped and such other data as required as part of the environmental
impact report including special designs, safety measures, and emergency
procedures for handling accidents based on the quantity of the material
on site or being shipped at any one time, the approving authority
may either approve the plan, require such modifications necessary
to overcome the problems, or disapprove the plan. If the plan is approved,
the means for monitoring the agreed-upon methods of handling, storing,
shipping and disposal of the chemical, corrosive, toxic and/or hazardous
materials shall be a condition of approval, including the applicant's
obligation to fund periodic inspections and reports by the NJDEP or
an independent testing laboratory approved by NJDEP. In the event
of violation of the condition(s) of approval related to chemical,
corrosive, toxic and/or hazardous materials, the condition of approval
shall be deemed to have been violated and shall constitute a sufficient
basis for revocation of the certificate of occupancy by the Construction
Code Official.
The approving authority shall find the following:
A.
The planned development provisions of this chapter
shall supersede any conflicting portions of this chapter to the extent
of such inconsistencies.
B.
Proposals for maintenance and conservation of the common open space shall be reliable and, if proposed to be handled by a private agency, shall be established in accordance with the homeowners' association provisions in § 92-56. The amount, location and purpose of the common open space shall be adequate for the use intended.
C.
The design of the proposed development for public
services, control over vehicular and pedestrian traffic, and the amenities
of light and air, recreation and visual enjoyment shall be adequate
and comply with appropriate portions of the Master Plan.
D.
The development will not have an unreasonably adverse
effect upon the area in which it is proposed to be established.
E.
Before final approval of a development, the applicant
shall submit a schedule for completion of the development plan in
one or more stages. Failure to meet the schedule of development shall
mean that no other sections of the development or new development
by the same principals shall be considered by the approving authority
until the section in default is completed.
F.
In the case of a proposed development which contemplates
construction over a period of years, there shall be adequate terms
and conditions intended to protect the interests of the public and
of the residents, occupants and owners of the proposed development
upon the total completion of the development.
[Amended 9-25-2003 by Ord. No. 03-14]
A.
All public services shall be connected to approved
public utilities systems where they exist.
B.
The distribution supply lines and service connections
shall be installed underground. Should a road widening or an extension
of service occur as a result of the development, any replacement,
relocation or extension of existing overhead lines shall be underground.
C.
Where soil conditions, rock formations, woods or other special conditions exist, the developer may apply to the approving authority for an exception from the terms of this section in accordance with § 92-32. If overhead lines are permitted, pole locations shall avoid horizons, there shall be selective tree cutting and a staggered alignment and trees shall be planted in key locations to minimize the views of the poles and alignments.
If a central sewage treatment and collection
system is accessible, the developer shall connect to the system.
(See also § 92-96D.)
A.
All storage areas, trash facilities, lifts and working
areas shall be within a building. All lubrication, repair or similar
activities shall be performed in an enclosed building, and no dismantled
parts shall be placed outside.
B.
It is intended that service stations not be stripped
along available highway frontage or at each quadrant of a convenient
intersection, and that they be located within shopping centers and
in office and industrial complexes as an integral part of the overall
design. Ingress and egress shall be designed to recognize the turning
movements generated. These access points shall be coordinated with
the access points required for nearby uses, frequency of intersecting
side streets, minimizing left turns off collector and arterial streets,
and maintaining building setbacks compatible with the required setbacks
and landscaping. No service station shall have an entrance or exit
for vehicles within 200 feet along the same side of a street of any
school, playground, house of worship, hospital, public building or
institution, except where such property is on another street which
the lot in question does not abut.
[Amended 3-13-2003 by Ord. No. 03-02]
C.
No accessory uses shall be permitted.
[Added 7-14-1994 by Ord. No. 94-10]
A.
Sidewalks and aprons may be required, at the discretion
of the Board, depending upon the probable volume of pedestrian traffic,
the general type of development intended and any alternate plans proposed
for the movement of people and bicycles.
B.
Sidewalks shall be at least four feet wide and shall be four inches thick, except at points of vehicular crossing, where they shall be at least six inches thick of Class B concrete, having a twenty-eight-day compressive strength of 4,500 psi and shall be air-entrained. Where sidewalks cross curbs, curb ramps shall be provided as outlined in § 92-49, Curbs and gutters. Preformed expansion joint material shall be placed on twenty-foot intervals and where sidewalks abut curbing or a structure. Sidewalks, aprons and sidewalks at aprons shall be concrete. (See Appendix for details.[1])
[1]
Editor's Note: The construction details are
on file in the office of the Municipal Clerk.
C.
Alternates to concrete sidewalks, such as concrete
paver blocks or other surfacing material, may be considered by the
approving authority.
A.
All intersections shall be designed in profile and
grade so as to provide at least the minimum sight distance for a given
design speed as per the requirements of the Land Development Standards
of Hunterdon County and the American Association of State Highway
and Transportation Officials (AASHTO).
B.
Sight triangle easements shall be provided at all
intersections. They shall be sized to provide the required sight distance
as described above, but in no case shall they be less than 30 feet
by 100 feet.
No person shall erect, alter or relocate any
sign unless in compliance with the following regulations:
A.
General regulations.
(1)
All signs shall refer to the use/uses on the lot upon which the sign is located, except temporary signs as regulated in Subsection C(1) below.
[Amended 3-8-2001 by Ord. No. 01-02]
(2)
Billboards and signs advertising off-premises products
or uses are prohibited in all zones.
[Amended 7-14-1994 by Ord. No. 94-10; 3-8-2001 by Ord. No. 01-02]
(3)
Banner-type signs are prohibited except where in celebration
of a public event and when erected with the approval of the Township
Committee.
(4)
All signs lighted exteriorly shall have the light
source shielded from adjoining or nearby lots, streets and interior
drives.
(5)
Signs using mechanical and/or electrical devices to
revolve, flash or display movement or the illusion of movement are
prohibited. Signs which use colors that may conflict with traffic
control devices and affect public safety are prohibited.
(6)
Sign area shall include all lettering, wording, coloring
and accompanying designs and symbols, together with the background,
whether open or enclosed, but not including supporting framework and
bracing incidental to the display itself.
(7)
Freestanding signs.
(a)
All signs shall be set back at least 10 feet
from the side property lines.
(b)
No sign other than official traffic signs shall
be erected within or shall project over any street right-of-way nor
in any sight triangle.
(c)
No sign shall exceed 20 feet in height.
(d)
Sign areas shall not exceed 32 square feet on
one side. A sign with two exposures shall not exceed 64 square feet
in total and not more than 32 square feet on any one side.
(8)
Attached signs.
(a)
Signs shall be parallel or perpendicular to
the wall of the building.
(b)
The face of the sign shall be no more than 15
inches from the wall of the building.
(c)
The uppermost part of the sign shall not exceed
the base of the second floor window sill, or the base of the roof
or 15 feet, whichever is lower.
(d)
Sign area shall not exceed 32 square feet.
B.
Signs for which permit not required. The following
types of signs may be erected in compliance with the general regulations
without a permit:
(1)
Street number designations, postal boxes and family
names for residences. Sign area shall not exceed two square feet.
(2)
On-site directional and parking signs. Sign area shall
not exceed two square feet.
(3)
Signs posting property as "Private Property," "No
Hunting," "Danger," "Warning," or similar purposes. Sign area shall
not exceed two square feet.
(4)
Real estate signs.
(6)
Contractor signs.
(a)
No more than one sign advertising the project
under construction shall be permitted.
(b)
The sign shall be removed at the expense of
the contractor upon the issuance of a certificate of occupancy, expiration
of the construction permit or completion of the project, whichever
comes first.
[Amended 12-30-2002 by Ord. No. 02-22]
(c)
Sign area shall not exceed eight square feet.
C.
Signs for which permit required. The following types
of signs may be erected in compliance with the general regulations
upon issuance of a sign permit by the Construction Official:
(1)
Temporary signs for local, civic, charitable and public
activities.
(a)
Sign shall be erected for periods not to exceed
30 days.
(b)
No more than six signs shall be permitted throughout
the Township for each activity or political party on the ballot.
(c)
There shall be no fee required for such sign
permits.
(d)
The sign shall be removed within 72 hours after
the event.
(e)
The sign shall not exceed 32 square feet.
(2)
Place of worship, school buildings, libraries, parish
houses, government buildings and public recreational and community
center buildings and grounds.
(4)
Service stations shall be permitted three signs.
(a)
One freestanding sign advertising the name of
the station including the company or brand name, insignia or emblem.
The sign shall be located at least 20 feet from the property line.
(b)
One freestanding sign advertising gasoline prices.
Sign area shall not exceed 16 square feet.
(c)
One attached sign advertising the name of the
station including the company or brand name, insignia or emblem.
(7)
Nonresidential permitted uses shall be permitted two
signs.
(a)
One freestanding sign located no closer than
50 feet to the intersection of two street lines nor 30 feet closer
to any right-of-way line.
(b)
One attached sign. If the building is occupied
by more than one use, each use shall be permitted one attached sign.
However, the aggregate area of all signs shall not exceed 32 square
feet.
(8)
Golf courses. Two unlighted freestanding signs, each not exceeding 20 square feet in area and not exceeding eight feet in height, shall be permitted. Signs referred to in § 92-72C(2) and (7) hereof are not permitted for a golf course.
[Added 3-11-1999 by Ord. No. 99-03; amended 11-12-2020 by Ord. No. 20-18]
D.
Sign permit procedure if application is not part of
a subdivision, site plan or variance request.
(1)
Applications shall be signed by the owner of the premises
and the person responsible for erecting the sign and submitted to
the Construction Official with the following:
(2)
The sign permit shall be issued or denied within 45
days of the date of a complete submission, and the work shall be completed
within 180 days after issuance of the permit otherwise the permit
shall be void.
E.
Enforcement procedure. Any sign advertising a use
or product no longer at the site shall be removed by the permittee,
owner, or person having use of the property within 30 days after written
notice from the Zoning Officer. Failure to comply shall authorize
the Zoning Officer to remove the sign at the expense of the permittee
or owner of the premises.
All major site plans and major subdivisions shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages to promote the public safety, health, convenience and general welfare of the community. (See §§ 92-55, Floodplain regulations, and 92-50, Drainage.)
A.
Data required.
(1)
A plan establishing the means for controlling soil
erosion and sedimentation at the applicant's expense as certified
by the Soil Conservation District.
(2)
The plan shall be prepared by a professional engineer licensed in New Jersey, except in instances where the preparation of a plan does not include or require the practice of engineering as defined in Title 45, Chapter 8, of the Revised Statutes and shall contain:
(a)
Location and description of general topography
and soil characteristics on and surrounding the site including a copy
of the Soil Conservation Service soil survey.
(b)
Proposed changes to contours showing existing
and post-construction conditions.
(c)
Proposed measures for controlling soil erosion
and sediment during and after construction.
(d)
The sequence of installing erosion and sediment
control measures including anticipated starting and completion dates.
B.
General design principles.
(1)
General requirements.
(a)
Stripping of vegetation, grading or other soil
disturbance shall be done in a manner which will minimize soil erosion;
(b)
Whenever feasible, natural vegetation shall
be retained and protected;
(c)
The extent of the disturbed area and the duration
of its exposure shall be kept within practical limits;
(d)
Either temporary seeding, mulching or other
suitable stabilization measures shall be used to protect exposed critical
areas during construction or other land disturbances;
(e)
Drainage provisions shall accommodate increased
runoff resulting from modified soil and surface conditions during
and after development or land disturbance;
(f)
Water runoff shall be minimized and retained
on site wherever possible to facilitate groundwater recharge;
(g)
Sediment shall be retained on site; no topsoil
shall be removed from the site;
(h)
Diversions, sediment basins and similar structures
shall be installed where required, prior to any on-site grading or
land disturbance; and
(i)
No grading construction or regrading shall be
permitted which creates or aggravates water stagnation or a drainage
problem on adjacent properties. Grading shall be limited to areas
shown on the approved plat.
(2)
Grading and filling. All soil shall be clean and/or
topsoil. Grading shall be limited to areas shown on an approved plat.
Any topsoil disturbed during grading operations shall be redistributed
throughout the site.
(3)
Soil removal and redistribution. Excavation of soil,
other than required to construct approved structures and facilities
shall be prohibited. Any application proposing the disturbance of
more than 5,000 square feet of surface area of land as defined in
the Soil Erosion and Sediment Control Act (P.L. 1975, c. 251; N.J.S.A.
4:24-39) shall include the following:
(a)
The means to control or prevent erosion;
(b)
Providing for sedimentation basin(s) for soil
that does erode due to water;
(c)
Controlling drainage, dust and mud on the premises
as well as abutting lands;
(d)
Preserving soil fertility and the ability of
the area to support plant and tree growth by maintenance of adequate
topsoil consisting of at least six inches of the original layer;
(e)
Maintaining necessary lateral support and grades
of abutting lands, structures and other improvements;
(f)
Preventing pits and declivities which are hazardous
or which provide insect breeding locations; and
(g)
Not altering the physical limitations and characteristics
of the soil in such a way as to prevent the use to which the land
may lawfully be put.
C.
Maintenance. All erosion and sediment control measures
shall be maintained for two years after completion or until such measures
are permanently stabilized as determined by the Municipal Engineer,
whichever is longer.
D.
Exceptions. The following are exempt from the soil
erosion and sediment control provisions:
(1)
Land disturbance associated with the construction
of a single-family dwelling unit unless such unit is a part of a proposed
subdivision, site plan, zoning variance or construction permit application
involving two or more such single-family dwelling units.
[Amended 12-30-2002 by Ord. No. 02-22]
(2)
Land disturbance of 5,000 square feet or less of the
surface area of land for the accommodation of construction for which
the standard Building Code of the State of New Jersey would require
a construction permit.[1]
[Amended 12-30-2002 by Ord. No. 02-22]
(3)
Agricultural use of lands when operated in accordance
with a farm conservation plan approved by the local soil conservation
district or when it is determined by the local soil conservation district
that such use will not cause excessive erosion and sedimentation.
(4)
Use of land for gardening primarily for home consumption.
(5)
Percolation tests and/or soil borings.
[Amended 11-8-2007 by Ord. No. 07-16[1]]
A.
Residential streets shall be designed in accordance
with the Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21.
B.
All nonresidential streets shall be designed in accordance
with the following:
(1)
All developments shall be served by paved streets
in accordance with the approved subdivision and/or site plan, and
all streets shall have an adequate crown. The arrangement of the streets
not shown on the Master Plan shall be designed in a manner so as to
provide for the appropriate extension of the streets and conform with
the topography as far as practicable.
(2)
When a new development adjoins land susceptible of
being subdivided or developed, suitable provisions shall be made for
access to adjoining lands.
(3)
Local streets shall be planned and identified with
appropriate signs so as to discourage through traffic.
(4)
In the event that a development adjoins or includes existing streets that are narrower than the widths shown on the adopted Master Plan or Official Map or the street width requirements of this article, additional land along either or both sides of the street sufficient to conform to the right-of-way requirements shall be dedicated for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way. The necessary deeds of ownership shall be furnished and the dedication shall be expressed as follows: "Street right-of-way granted for the purposes provided for and expressed in Chapter 92, Land Management, of the Code of the Township of East Amwell." If the development is along one side only, 1/2 of the required extra width shall be dedicated and shall be improved, including excavation, base course and surfacing, in accordance with the approved application. In all developments, the minimum public street right-of-way shall be measured from lot line to lot line. The cartway shall be the paved portion of the roadway. In no case shall a new street that is a continuation of an existing street be continued at a right-of-way or cartway width less than the existing street although a greater width may be required in accordance with the following schedule:
|
Street Classification
|
Right-of-way
(feet)
|
Cartway
(feet)
| |
|---|---|---|---|
|
Residential access
|
45 to 50
|
18 to 24
| |
|
Residential subcollector
|
50 to 56
|
26 to 30
| |
|
Collector
|
60 to 66
|
30 to 36
| |
|
Minor/Secondary arterial
|
72 to 80
|
40 to 48
|
(a)
Residential access streets are those streets
of the lowest order of residential streets. Such streets provide frontage
for access to private lots, carry traffic having destination or origin
on the street itself and are designed to carry traffic at the slowest
speed. Traffic volume should not exceed 250 ADT at any point of traffic
concentration. The maximum number of housing units should front on
this class of street.
(b)
Residential subcollector streets are those which
are of the middle order of residential streets. Such streets provide
frontage for access to lots and carry traffic to and from adjoining
residential access streets. Traffic should have origin or destination
in the immediate neighborhood. Traffic volume should not exceed 500
ADT at any point of traffic concentration.
(c)
Collector streets are those which provide access
to lots and carry traffic from residential/local streets to minor/secondary
arterial streets. Such streets are designed to carry somewhat higher
traffic volumes than residential/local streets, with traffic limited
to motorists having destination or origin within the immediate neighborhood.
(d)
Minor/secondary arterial streets are those which
conduct and distribute traffic between the lower order and higher
order streets. Such streets carry the largest volume of traffic at
high speeds. Access to lots from these streets shall be avoided. On-street
parking shall be prohibited.
(e)
Residential/local streets shall be designed
to discourage through traffic, and grades shall not exceed 10%. On
minor/secondary arterial and collector streets, grades shall not exceed
8%. The minimum grade shall be 1.0%. Maximum grades on any street
within 100 feet of an intersection shall be 4%.
(5)
Street intersections shall be as nearly at right angles
as possible and in no case shall be less than 80°. Approaches
to all intersections involving collector or arterial roads shall follow
a straight line or a curve with a radius of not less than 700 feet
for at least 100 feet. No more than two streets shall meet or intersect
at any one point, and the center line of both intersecting streets
shall pass through a common point. In any development with only one
new street connecting with the same side of the existing street, except
where the frontage is sufficient, more than one street may intersect
the arterial or 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 of intersections shall be
rounded at the curbline, with the street having the highest radius
requirements as outlined below determining the minimum standards for
all curblines:
|
Street Classification
|
Curbline Radius
(feet)
| |
|---|---|---|
|
Residential/local
|
20
| |
|
Collector
|
25
| |
|
Minor/secondary arterial
|
30
|
(6)
All tangents of at least 100 feet long shall be introduced
between reverse curves on arterial or collector streets. When connecting
street lines deflect from each other at only one point, they shall
be connected by a curve with a radius conforming to standard engineering
practice and as contained in AASHTO standards.
(7)
Culs-de-sac serving nonresidential areas shall be
no more than 1,000 feet in length. A turnaround shall be provided
at the end of the cul-de-sac with a radius of 50 feet on the curbline
plus a right-of-way of 60 feet. The center point for the radius shall
be the centerline of the associated street or, if offset, offset to
a point where the radius becomes tangent to the right curbline of
the associated street. Temporary culs-de-sac should be symmetrical.
The bulb of the cul-de-sac shall be planted with maintenance-free
plants.
(8)
No street shall have a name which will duplicate or
so nearly duplicate the name of an existing street name that confusion
may result. The continuation of an existing street shall have the
same name. Curvilinear streets shall change their name only at street
intersections. The Planning Board shall have the right to approve
or name streets within a proposed development. No name of a street
on an approved site plan shall be changed without the approval of
the Planning Board. The new street names should have historical significance,
and a list of acceptable street names, as compiled by the East Amwell
Historical Commission, is available.
(9)
Street jogs with center-line offsets of less than
125 feet shall be prohibited.
(10)
All changes in grade shall be connected by vertical
curves and shall provide a smooth transition and proper sight distance.
(11)
The pavement width of streets and the quality
of subsurface and base materials shall adhere to the minimum standards
set forth herein:
(a)
All construction shall be in accordance with
the New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction, current edition.
(b)
On all Township roads, the base course shall
be five inches of bituminous stabilized base course, Mix No. I-2,
constructed in two layers each of not less than 2.5 inches of compacted
thickness.
(c)
The surface course for all Township roads shall
consist of two inches of bituminous concrete, surface course, Mix
No. I-5, applied according to the New Jersey Department of Transportation
Standard Specifications for Road and Bridge Construction, current
edition.
(d)
Where subgrade conditions are wet, springy or
of a nature that surfacing would be inadequate without first treating
the subgrade, a dense-graded aggregate base course shall be provided
as directed by the Township Engineer and per the current New Jersey
Department of Transportation Standard Specifications for Road and
Bridge Construction.
(e)
All streets defined herein shall be constructed
in accordance with plans and specifications prepared by a licensed
professional engineer and approved by the Township Engineer. The plans
and specifications shall include existing ground conditions and final
finished street grades both in profile and cross section. The plans
shall also provide for proper drainage of slopes, cuts and intersections
which, in turn, must be related to the particular drainage conditions
of the immediate vicinity.
(f)
Each course of the pavement shall be inspected
by the Township Engineer before the next course is constructed. Test
cores may be taken.
(g)
An adequate drainage system sufficient to handle
all drainage and to prevent the collection of water in puddles at
any point in the right-of-way or on abutting properties, and easements
for the right to discharge surface water through drainage structures
and over adjoining lands must be provided, and the location of drainage
inlets, outfalls and other parts of such drainage system must be accurately
and distinctly shown on the maps filed with the Township Committee
and approved before acceptance of a street.
[1]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
[Amended 3-8-2001 by Ord. No. 01-02]
Residential pools shall be installed only in
the side or rear yard and only on lots containing a residence with
the pool as an accessory use to the residence. The pool shall be no
closer to a side or rear lot line than permitted for an accessory
building. A swimming pool shall be considered a Class II accessory
structure, regardless of its size, for the purpose of determining
setbacks. A pool shall occupy no more than the equivalent of 25% of
the yard area in which it is located.
[1]
Editor's Note: Original Section 636, Townhouses,
was repealed 7-14-1994 by Ord. No. 94-10.
No trailer, auto trailer, trailer coach, travel
trailer or camper shall be used for dwelling purposes or as sleeping
quarters for one or more persons, nor shall any such trailer or camper
be used for storage or space for the permanent conduct of any business,
profession, occupation or trade, except that such facilities may be
used for temporary residency for farm workers as specified in the
zoning provisions; the temporary replacement of a damaged dwelling
unit; for temporary use as a construction office located on a site
during construction, all provided a temporary permit has been issued
for its use by the Construction Official. This section shall not be
construed so as to prohibit the parking or storage of such trailers
and campers on private premises but such storage shall be located
to conform with the yard requirements for an accessory building. "Temporary"
shall mean one year with a requirement to obtain annual renewal for
one-year periods.
(See § 92-46.)
No area providing front, side or rear yard space
for one building shall be considered as providing the yard provisions
of another. A lot with frontage on two or more streets, including
comer lots, shall have building setbacks from each street not less
than that required for the front yard.
[Added 9-11-1997 by Ord. No. 97-20]
Where permitted by the zoning provisions of
this chapter, wireless telecommunications antennas may be erected
on existing buildings or structures, and an equipment compound may
be constructed in support of such antennas consistent with the following
requirements:
A.
Antenna arrays may be mounted on existing buildings,
preferably on existing farm buildings or farm structures, but shall
not extend beyond the overall height of any such building or structure
by more than 20 feet.
B.
The equipment building shall be situated within a
solid wooden fence at least seven feet and no more than eight feet
high, of a type and location, as approved by the Township Engineer
which shall include a locking security gate.
C.
An equipment compound consisting of no more than 4,000
square feet in area may be erected in support of such antenna arrays
provided it is:
(1)
Situated behind existing structures, buildings or
terrain features which will shield the compound from public view;
or
(2)
When a location out of public view is not possible,
a landscape buffer of 20 feet in width shall be provided around the
compound to shield the facility from public view. Landscaping shall
include evergreen trees at least eight feet high at the time of planting
and planted in staggered double rows at 15 feet on center, or equivalent.
D.
Site plan approval by the Planning Board shall consider
any recommendation by the Environmental Commission.
E.
Antennas installed according to these provisions shall
be suitably finished and/or painted so as to minimize their visual
impact and blend with the rural landscape. Depending on the placement
of this equipment, color should be selected to be consistent with
the color scheme of the building or structure on which they are mounted,
in order to blend with their surroundings. When this is not possible,
color selection shall be designed to minimize the visual impact of
the antenna arrays.
[Added 3-11-1999 by Ord. No. 99-03; amended 11-8-2007 by Ord. No. 07-16;[1] 11-12-2020 by Ord. No. 20-18]
All golf courses shall be designed and constructed
to conform to the following standards:
A.
The golf course may include principal and accessory
structures for the enjoyment of members and guests and for the maintenance
of the golf course and golf-related facilities. The clubhouse may
include a grille room and bar with a club license, not exceeding 75
seats.
B.
The golf course shall utilize existing buildings and
structures to the greatest extent practicable.
C.
The golf course shall be designed and situated to
minimize conflicts with existing and future land uses, and the layout
of the course shall provide safe locations for tees, fairways, greens
and practice areas in relation to adjacent roadways and improvements,
both on and off site.
D.
Where a golf course is adjacent to or within an open
space corridor, including floodplains, open waters, stream corridors
and associated buffers, linkages and conservation areas as provided
in the East Amwell Township Master Plan, the golf course shall provide
and maintain all required buffer setbacks from such features, subject
to any limitations provided herein, and shall provide drainage and
conservation easements as required by this chapter.
E.
Where a golf course is situated between public recreation
areas shown on the Master Plan, reasonable best efforts shall be required
to connect any existing or proposed pedestrian or trail networks in
a safe and appropriate manner.
F.
Where a golf course is traversed by existing equestrian
trails, reasonable best efforts shall be required to connect any relocated
portions of the existing equestrian trail networks in a safe and appropriate
manner.
G.
Assurances shall be provided that all necessary utilities
and services are available and adequate for the proposed development,
including on-site wastewater treatment, potable water and irrigation
water.
H.
The golf course shall be designed to minimize the
opportunity for golf balls to be hit beyond the tract boundaries.
I.
No more than 35% of the wooded area (as shown on the
most recent aerial photographs available) shall be cleared, and any
clearing beyond 25% of the wooded acreage of the tract shall be mitigated
by replacement with native trees and shrubs elsewhere on the tract.
Priority for such replacement shall be given to locations where stream
corridors are not shaded by vegetation at the time of development.
J.
No clearing, grading or site improvements related
to the golf course shall be conducted in areas of 15% slope or greater,
except that areas of play (tees, greens, bunkers, fairways and practice
facilities) created as part of the golf course which result in new
areas of steep slope shall not be deemed to violate these requirements.
K.
An Integrated Turf Management Plan and an Integrated
Pesticide and Pest Management Plan shall be provided, which is specific
to the operation and maintenance of the proposed golf course. These
plans shall be prepared in accordance with guidelines established
by the New Jersey Department of Environmental Protection (NJDEP),
and shall take into account guidelines promulgated by the United States
Golf Association (USGA) and the Golf Course Superintendents' Association
of America (GCSAA). These plans shall also use best management practices
(BMPs) to prevent and/or minimize adverse impacts of the golf course
on groundwater and surface water resources.
L.
Assurances shall be provided that the owner/operator
will take all steps to avoid any adverse impacts on surface water
and groundwater, which result from operation of the golf course. Best
management practices, as per the NJDEP BMP Manual, shall be employed
to prevent nonpoint pollution of surface water and groundwater. Should
any adverse impact result, the owner/operator shall correct the problem
and mitigate the impacts. Monitoring of surface water and groundwater
quality and quantity shall be provided by the owner(s) according to
a plan prepared specifically for the proposed golf course, and approved
by the approving authority in consultation with the East Amwell Board
of Health and in consultation with the Pesticide Control Program of
New Jersey Department of Environmental Protection (NJDEP). Such monitoring
program shall detail the type, timing and frequency of testing, as
well as identify the specific chemical parameters to be tested, and
shall be established at the time the Integrated Turf Management Plan
and the Integrated Pesticide and Pest Management Plans are approved
by the reviewing Board. A continuing monitoring program shall be established,
consistent with the guidelines established for monitoring plans established
by the New Jersey Department of Environmental Protection. The results
of such water quality monitoring shall be submitted by the owner(s)
to the East Amwell Township Board of Health and the approving authority
within 30 days of receipt of such results by the owner(s). Also, continuous
water table monitoring equipment (data log) shall be installed and
maintained as specified by the Township Board of Health. Test results
of such water quantity monitoring shall be submitted by the owner(s)
to the Board of Health and approving authority within 30 days of receipt
of such results by the owner(s).
M.
A water use budget and water recycling plan shall
be prepared and submitted to the approving authority, which is specific
to the proposed golf course. This plan shall detail the source of
potable and irrigation water, the projected amounts which will be
required and the water supply capacity of any aquifer from which such
water will be withdrawn, as outlined in the "Water For the 21st Century:
The Vital Resource - New Jersey Statewide Water Supply Plan, NJ Department
of Environmental Protection, Office of Environmental Planning (August
1996)." The aquifer test plan shall be submitted to the Township at
the same time it is submitted to the regulatory authority.
N.
Following the installation of any well intended to
serve as a water supply source for the golf course, and prior to the
issuance of a construction permit, a pump test shall be conducted
at the maximum projected pumping rate, according to East Amwell Board
of Health standards, to assess the impact(s) on other well users in
the vicinity. If significant well interference is demonstrated during
interference tests on an existing well (observation well), the new
well cannot be certified for use. In such instances, the applicant
may be required to demonstrate why the documented well interference
is not significant. If a significant adverse impact of interference
cannot be remedied, certification of the new well may be denied by
the Board of Health.[2]
O.
Wherever a waterway crossing is proposed, such crossing
shall be designed to minimize the removal of trees and other shading
vegetation, and all crossings shall be bridged, not designed with
culverts, except for access driveways.
P.
Clearing, grading and other disturbances shall be
designed to avoid the nesting, breeding and feeding areas of endangered
and threatened animal species, and to avoid the locations of endangered
and threatened plant species.
Q.
Construction of runoff collection ponds is encouraged
for use as stormwater management devices and as sources of irrigation
water.
R.
Grasses selected for use on a golf course should be
drought- and pest-and-disease-resistant to minimize the use of chemicals
and irrigation. Grasses selected are encouraged to promote the infiltration
of precipitation into the groundwater.
S.
Soil erosion and sedimentation shall be minimized
through golf course design which minimizes the need for mass grading
for greens, tees and fairways, coordinated soil erosion and sediment
control measures, and construction phasing which limits the extent
of clearing and soil exposure prior to revegetation.
U.
Sufficient on-site parking shall be provided to satisfy
the reviewing board that the demand for parking can be met at the
facility, and all areas designated for parking shall be located at
least 200 feet from any tract boundary.
V.
Best management practices, as described in the NJDEP
BMP Manual, shall be incorporated into the site design in order to
maximize recharge of surface runoff and to minimize pollution of surface
water and groundwater.
W.
The golf course shall be designed to preserve the
rural character of the viewshed, and shall minimize the visual impact
on the landscape.
X.
Major site plan approval shall be required for a golf
course, and shall incorporate GIS format as applicable.
Y.
It is encouraged
that golf courses become Certified Audubon Cooperative Sanctuaries,
as the Audubon Cooperative Sanctuary Program for Golf Courses (ACSP)
helps golf courses protect the environment, preserve the natural heritage
of the game of golf, and incorporates environmental planning, wildlife
and habitat management, chemical use reduction and safety, water conservation,
water quality management, and outreach and education.
Z.
A vegetated
buffer at least 100 feet wide, consisting of native trees, shrubs
and ground covers, shall be provided and maintained between any turf
area which will be treated with fertilizers or pesticides and the
closest point of any 100-year floodplain; or if there is no floodplain,
the top of bank of any permanent, nonseasonal stream or open water
body, on or off site, except that up to 35% of such stream or pond
frontage shall be exempt from this requirement upon a showing of good
cause by the applicant.
[1]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
