A.
All developments shall conform to design standards
encouraging sound development patterns within the Township. Where
an Official Map or Master Plan have been adopted, the development
shall conform to them.
B.
Character of the land. Land identified in the Master
Plan and/or natural resources inventory as environmentally critical
and unsuitable for and intended development due to flooding, improper
drainage, shallow depth to water table, steep slopes, utility easements
or similar features shall not be designed for development unless adequate
and acceptable methods are formulated to eliminate the problem.
C.
Any lot or dwelling unit lawfully existing as a result of a preliminary or final subdivision approval or certificate of occupancy approved as of August 1, 2002, shall continue to be governed by the zoning regulations in effect at the time of said approval, as set forth in Subsections C, E, F, G and H of § 130-71.
[Added 8-19-2002 by Ord. No. 2002-8]
[Amended 8-3-1992 by Ord. No. 1992-6; 10-4-1993 by Ord. No.
1993-12; 4-18-1994 by Ord. No. 1994-3; 10-19-1998 by Ord. No.
1998-28; 10-16-2000 by Ord. No. 2000-20; 7-6-2004 by Ord. No.
2004-24; 10-17-2005 by Ord. No. 2005-26; 12-18-2006 by Ord. No.
2006-21]
Prior to the construction or placement of an
accessory building or structure, a zoning permit shall be issued by
the Zoning Officer.
A.
Setback. Any accessory building attached to a principal
building is part of the principal building and shall adhere to the
yard requirements for the principal building. Accessory structures
located on corner lots shall be required to be set back a minimum
of 30 feet from the street other than the street upon which the principal
building is facing; except that for zoning districts where the front
yard setback is greater than 60 feet the accessory structure setback
shall be no less than 50% of the front yard setback distance.
B.
Height and area. The number of accessory buildings
and structures shall not exceed two per lot in Residential and Rural
Agricultural Districts, they shall not exceed 18 feet in height and
in the aggregate they shall occupancy no more than the equivalent
of 25% of a required rear yard or 900 square feet, whichever is smaller,
except that swimming pools and agricultural and horticultural buildings
on farms shall not be bound by these requirements.
C.
Location. An accessory structure or use shall be placed in the side or rear yard only. On a corner lot, it shall be set back from all streets to comply with the actual setback of the principal building. However, off-street parking shall be permitted in the front yard, in accordance with § 130-44K.[1]
[Amended 7-21-2009 by Ord. No. 2009-6-008]
[1]
Editor's Note: Former Subsection D, pertaining
to satellite dish receiving antennas, which immediately followed this
subsection, was repealed 7-6-2004 by Ord. No. 2004-24, and subsequent
subsections were renumbered respectively.
D.
Fuel storage tanks. Aboveground fuel storage tanks
on single-family detached residential properties shall be permitted
in the side or rear yard only, and they shall conform with the setback
requirements for accessory buildings as set forth in the Schedule
of Limitations,[2] except that they may be located within 15 feet of the
principal building. Aboveground fuel storage tanks shall be screened
from view from the street, and they shall conform in all respects
to the provisions of the State Fire Prevention Code, the Uniform Construction
Code of New Jersey and any other applicable codes. Aboveground fuel
storage tanks located on nonresidential or multifamily residential
sites shall be considered as a part of site plan review, and to the
extent feasible, they shall be adequately screened and placed in the
side or rear yard areas of the site. Fuel storage tanks installed
in the ground on single-family detached lots shall not be restricted
as to location. Fuel storage tanks installed in the ground on all
other residential properties and on nonresidential sites shall be
required to obtain site plan approval for the location of the tanks.
[2]
Editor's Note: Said Schedule is included at the end of this chapter.
E.
Keeping of farm animals.
[Amended 12-2-2021 by Ord. No. 2021-16]
(1)
Accessory structures for the keeping of farm animals shall be permitted only on farms or on single-family residential lots of six acres or more in the Rural Agricultural District. Where such parcels adjoin single-family residential lots of less than six acres, such accessory structures for farm animals shall be set back from the adjoining single-family residential lot a minimum of 100 feet, and any shelter or coop for the keeping of chickens on residential property pursuant to Chapter 115 of the Township Code shall only be erected in rear yard areas and not nearer than 10 feet to any lot lines.
(2)
Chicken coops or shelters are considered accessory buildings as applicable for the purposes of this chapter, and residents shall obtain a zoning permit for compliance with the provisions of § 115-6 of the Township Code. Said coops shall not count toward any building or impervious coverage limitations of the respective zoning district. All runs or enclosures shall comply with § 130-32, Fences and walls, except that an applicant may seek authorization for the fenced portion of any run that is being built contemporaneously with a chicken coop or shelter on the same permit.
F.
Outdoor displays: tents or tent-like structures.
(1)
Tents or tent-like structures associated with temporary,
unusual or promotional commercial events, such as grand openings,
fire sales, going-out-of-business sales, etc., shall be permitted
in the B-2 Zoning District subject to the following terms and conditions:
(a)
The tent or tent-like structure must be located
on the premises of the business operating said tent, such that the
utilization of the tent is accessory to the principal operation of
the business.
(b)
No tent shall be erected for longer than 14
days, and no property shall be permitted to erect such a tent on more
than two occasions in a calendar year with a minimum of six months
between the erection of such tents.
(c)
No such tents shall be placed in a location
which will obstruct traffic flow, impede traffic sight lines, interfere
with vehicular or pedestrian traffic or cause a reduction of greater
than 10% in the number of parking spaces associated with and related
to the premises of the business sponsoring, operating and/or conducting
said tent activities and/or tent sale, nor shall any tent or tent-like
structure be placed in any fire lane or no parking zone.
(d)
No tent shall be erected without the owner or
operator of the same having first secured a permit from the Township
Zoning Officer.
(e)
Applications for permits for temporary tents
as permitted under this subsection shall be in writing and include
the following information:
[1]
The name, address and telephone number of the
applicant.
[2]
If the owner of the premises is not identical
to the applicant, then the name, telephone number and address of the
owner along with proof of the owner's consent to the erection of said
tent or tent-like structure.
[3]
A drawing, photograph, diagram or other visual
description of the tent or tent-like structure for which permission
is sought.
[4]
A detailed drawing showing the proposed location
of said tent or tent-like structure, in conjunction with and in relation
to the outbounds of any buildings, sidewalks, driveways, curbs, parking
lots or other structure within 100 feet of said proposed tent location.
[5]
A detailed description of the nature of the
activities to be conducted in said tent or tent-like structure and
the hours of operation for the same.
[6]
The description of the nature of the materials
of which said tent or tent-like structure is to be constructed.
[7]
A general description of the methods and means
of constructing and removing said structure.
(f)
Each permit application shall be accompanied
by a fee in the amount of $25.
(g)
No such tent or tent-like structure shall be
larger than 40 feet in width, 80 feet in length and 20 feet in height,
and no such structure shall exceed 45,000 cubic feet in total interior
dimension.
(h)
Zoning Officer review. Each application for
a permit for said tent or tent-like structure shall be reviewed by
the Zoning Officer. In making the determination as to whether to issue
said permit, the Zoning Officer shall consult with the local Fire
Official, from whom a separate permit must also be secured under the
Uniform Fire Code, and the Traffic Safety Officer and shall consider,
among other things, the location of the proposed tent or tent-like
structure in conjunction with surrounding buildings, structures, sidewalks,
curbs and parking areas; the impact of the structure upon adjacent
parking areas; the impact of the same upon traffic flow, sight triangles
and vehicular and pedestrian traffic; hours of operation; aesthetics;
the nature of the materials to be used to construct said tent or tent-like
structure, said consideration to be in the context of health, safety
and welfare concerns only; and such other considerations as the Zoning
Officer deems appropriate in order to allow him to formulate a reasoned
determination based upon public health, safety and welfare considerations.
(2)
Performance bond. Each applicant shall post with the
Township Administrator a cash performance guaranty to insure compliance
with the provisions of this subsection and to insure that upon the
conclusion of the time frame for which the permit is issued the sign
and/or tent or tent-like structure shall be removed. As to tents and
tent-like structures, the performance guaranty shall be in the amount
of $500. As to signs, the guaranty shall be, on a per-event basis,
$100 for each sign. Said moneys shall be held by the municipality
until the end of the time period for which permission is granted.
In the event that the applicant fails to remove the signs within 12
hours of the end of the last calendar day of the time frame for which
the permit was issued, all performance guaranties shall be forfeited.
(3)
Fines and penalties. In addition to the forfeiture provisions of Subsection G(2) above, any person, partnership, corporation or other legal entity found to have violated the provisions of this Subsection G, or any article, section or paragraph hereof, shall be liable, at the discretion of the Municipal Magistrate, for a fine not to exceed $1,000 per occurrence or 90 days of community service or 90 days' incarceration, or some combination thereof.
G.
A tennis court area may be located in the rear yard areas only and shall be surrounded by a fence a maximum of 10 feet in height. The tennis court area is to be set back from any side or rear lot line a distance of at least 50 feet. The incorporation of an appropriate landscape buffer, per § 130-26, surrounding the tennis court area and approved by the Township Landscape Architect is required. Lighting associated with the tennis court area is prohibited unless the applicant directs the lighting directly onto the tennis court playing surface and substantial spillover is avoided. Light spillage of more than 0.2 footcandles onto adjacent properties shall be prohibited. The objective of these lighting specifications is to minimize undesirable off-premises effects. The lighting standards per § 130-38 must be met.
H.
Garages and carports for not more than three vehicles may be constructed on a single lot. The garaging, storing or parking of commercial vehicles over three-fourth ton on any properties, private roads or public streets in all residential districts is prohibited; provided, however, that nothing herein shall prohibit the parking of a commercial vehicle for such reasonable time as may be required in the normal course of pickup and delivery service. Owners, lessees, occupants and other persons responsible for or knowingly permitting violation of this subsection shall be guilty of such violation as will the owner or user of any vehicle so parked, garaged or stored. Vehicles designed and used for agricultural purposes are exempted from these requirements. Not more than one commercial registered trailer, mobile home or vehicle owned or used by the resident shall be permitted in a residential zone, provided that the vehicle is located in the rear yard and adequate buffering § 130-26 is provided. This provision shall not be deemed to limit the number of commercial cars or trucks used in conjunction with a permitted agricultural use. A garage shall not be used for commercial purposes in residential districts. Regardless of capacity, only one private garage, architecturally compatible, whether attached or unattached, shall be permitted per residential dwelling.
Site plan approval and public or private central
water supply and a central sanitary sewer system are required.
A.
Each overall development shall have a compatible architectural
and landscaping theme with variations in design to provide attractiveness
to the development. Each project shall specify how each of the following
considerations has been incorporated in the overall plans: landscaping
techniques; building orientation to the site and to other structures;
topography; natural features such as wooded areas, drainage courses,
soil conditions and topographic relief; and building design features
such as varying unit widths, staggering unit setbacks, providing different
exterior materials, changing rooflines and roof designs, altering
building heights and changing types of windows, shutters, doors, porches,
colors and vertical or horizontal orientation of the facades, singly
or in combination. In the case of housing built to satisfy the needs
of low- or moderate-income households, specific cost-saving features
shall be described in the submission, and there shall be no requirement
imposed for architectural variation unless it can be accomplished
without added cost to the household.
B.
Structure alignment.
[Amended 9-5-1995 by Ord. No. 1995-19]
(1)
Structures may be in any alignment meeting the yard
requirements and the following maximum lengths:
(a)
One hundred fifty feet on one plane;
(b)
The lesser of 50 feet or the width of two dwelling
units along a building facade without a structural break or an offset
of at least three feet, and rooflines shall be varied; and
(c)
Two hundred fifty feet along the center line,
provided that the building can fit within a square which is no greater
than 150 feet per side.
C.
At least one story of each dwelling unit shall be
higher than the finished grade along the front of the structure.
[Amended 9-5-1995 by Ord. No. 1995-19]
D.
Density. That portion of a tract developed with garden
apartments shall not exceed a net density of 12 units per acre and,
for townhouses and other multifamily types, six units per acre.
[Amended 1-21-1997 by Ord. No. 1997-1]
E.
At least 20% of the total land area of the development
shall be dedicated to open space and recreation area. The Land Development
Board shall establish a schedule of improvement of the open space
and recreation areas, as appropriate, and said schedule shall call
for the bonding of all such improvements prior to the issuance of
any building permits and for the completion of all such improvements
prior to the issuance of building permits for more than 25% of all
the dwelling units in the development. Where the development consists
of multiple stages or sections within one overall general development
plan or preliminary approval, no more than 10% of the dwelling units
shall have permits issued prior to bonding of all such improvements;
and until such improvements are completed, building permits may be
issued for only 35% of all the dwelling units in the development.
All required open space and recreation areas shall be improved for
the purposes intended as shown on the plan.
[Amended 9-5-1995 by Ord. No. 1995-19; 1-20-2004 by Ord. No.
2004-1]
[Amended 9-5-1995 by Ord. No. 1995-19; 12-6-1999 by Ord. No.
1999-24]
Pursuant to the Township's Master Plan amendments
for bicycle and pedestrian circulation adopted by the Planning Board
in 1999, bicycle paths shall be required as a form of linkage between
adjoining residential developments, between schools and residential
neighborhoods and between shopping areas and surrounding streets to
expand the circulation opportunities for both pedestrians and bicyclists.
Bicycle paths shall be constructed in accordance with the provisions
of the Master Plan, and shall generally follow the Bicycle Circulation
Map attached hereto and made a part hereof as Exhibit A. Lanes shall
either be separated from motorized vehicular traffic or shall be part
of a share the road circulation plan, as outlined below. Unless otherwise
provided herein, bikeways shall be a minimum of six feet wide and
shall have a minimum four inches of crushed stone and a two-inch FABC
course. Where bike paths intersect a street, the curbing shall be
ramped for access to street grade. Bicycle paths shall be delineated
and defined as follows:
A.
Pedestrian/bicycle shared system (bike lanes).
(1)
"Pedestrian/bicycle shared lanes" are facilities that
are separated from the motorized vehicular traffic and may be located
in a highway right-of-way or an independent right-of-way. Benefits
of providing these transportation facilities include:
(2)
The circulation plan for a shared system is created
for linking adjacent residential developments, recreational areas
and for areas where on-the-road travel is considered dangerous. The
paved width recommended for a two directional bicycle path is 10 feet.
A minimum of two feet width graded area should be maintained adjacent
to both sides of the pavement. The vertical clearance obstructions
shall be a minimum of eight feet.
B.
Share the road. The following proposed levels of travel
occur within the existing or proposed motor vehicle travel way. Pavement
widths represent a minimum design treatment for accommodating bicycle
traffic. The widths as provided for in this section shall be based
upon providing sufficient pavement for shared use of a roadway for
motor vehicle and bicycles.
(1)
Roadway shoulder designation. The shoulder designation
is desirable when the roadway meets the required width and a separate
delineated area for use by bikes is preferred by the approving authority.
Shoulders delineated for bicycle use can increase a bicyclist's confidence
in the avoidance of conflict with passing motor vehicles. The delineated
shoulders shall always be one-way facilities and carry bicycle traffic
in the same direction as adjacent motor vehicle traffic. All shoulders
shall be appropriately marked with striping and well signed in accordance
with state standards.
(2)
Shared lane. A shared lane is the standard width travel
lane that is used by both motor vehicles and bicyclists. Considerations
in the selection of pavement width include traffic volume, speed,
site distance, number of trucks and larger vehicles and grade. The
roadways identified on Exhibit A attached hereto are roadways that
are most conducive to accommodating a shared lane, based upon existing
physical limitations on the roadway and the application and analysis
of the aforementioned criteria. Shared bicycle lanes shall be required
along main collector roads within the transfer of development rights
receiving zones. These lanes shall be provided especially for those
roads which traverse interior sections of the communities and provide
links between Crispin Road and Creek Road and adjacent communities
outside of the TDR receiving area.
(3)
In the event that it is determined, in the Board's
discretion, that the installation of a bikeway is inappropriate for
a particular development ("development" being defined as set forth
in N.J.S.A. 40:55D-2), the developer will be required to contribute
to a Bikeway Fund in the Township of Lumberton. The Bikeway Fund shall
be created for the installation and maintenance of bike paths elsewhere
throughout the Township. It shall be comprised of contributions to
be made by developers and based on an amount equal to the approximate
cost of said bikeways, to be determined by the Township Engineer.
[Amended 8-3-1992 by Ord. No. 1992-6]
Buffer areas are required between residential
and nonresidential development; and, for the purposes of this provision,
agricultural uses shall be considered to be nonresidential. They are
also required between multifamily or townhouse development and areas
zoned, developed or proposed for single-family dwellings. Off-street
parking and loading areas for six or more vehicles which lie in a
front yard shall also provide a buffer area. Buffer areas shall be
established in accordance with the following standards:
A.
Where a buffer is required along a side or rear property
line, a strip of land at least 20 feet wide shall be designated as
a buffer area. Buffer areas shall adjoin residential property lines
and be of uniform width. In no case shall the width of the buffer
be required to exceed 20% of the lot width or depth. If the resulting
buffer width based on a percentage of the lot width or depth is less
than 20 feet, the applicant may be required to erect and landscape
a six-foot-high visual barrier of plantings or a landscaped earthen
berm parallel to the lot line and set back a distance appropriate
for the landscaping treatment. Buffer areas between parking/loading
areas and streets shall be at least 15 feet wide.
B.
Buffer areas shall be maintained and kept clean of
all debris, rubbish, weeds and tall grass by the owner. Any screen
planting shall be maintained permanently, and any plant material which
does not live shall be replaced within one year or one growing season.
C.
No structure, activity, storage of materials or parking
of vehicles shall be permitted in a buffer area except access drives
from public streets and sidewalks.
D.
Plantings.
[Amended 2-1-1999 by Ord. No. 1999-4]
(1)
A buffer area shall be planted and maintained by the
owner to conceal parking and loading areas, to eliminate the glare
of vehicle lights throughout the year and to screen the building from
the adjoining residential areas. The screen shall consist of a variety
of evergreen trees and shrubs, such as white spruce, Norway spruce,
white pine, Douglas fir or other species acceptable to the Township
Planner/Landscape Architect or Engineer. Trees shall be planted in
a staggered double row, with spacing in each row not to exceed 10
feet. Evergreen trees shall be a minimum of five feet high when planted,
they shall be balled and burlapped, and the lowest branches shall
be not more than one foot above the ground. In areas where established
vegetation is to be incorporated in the buffer area, supplemental
plantings may be required to achieve the desired screening results.
If the approving authority finds these supplemental plantings may
not grow satisfactorily, stockade fence(s) six feet high shall be
erected in the buffer area.
(2)
All buffer areas shall be planted and maintained meeting
the following requirements:
(a)
The preservation of natural wooded tracts shall
be an integral part of all site plans and subdivisions and may be
calculated as part of the required buffer area, provided that the
growth is of a density acceptable to the Township Planner/Landscape
Architect or Engineer.
(b)
Shrubs and hedges used in buffer planting shall
be at least three feet in height when planted and shall be of such
density as will obscure, through all seasons, the glare of automobile
headlights emitted from the premises.
(c)
All plant material not surviving for at least
two years shall be replaced.
(d)
Buffer plantings shall be interrupted only at
points of vehicular and pedestrian access and provide for a clear
sight triangle.
E.
The approving authority shall have the power to waive
any of the buffer requirements if it determines that an adequate buffer
can be provided in less than 20 feet while maintaining the purposes
of this section. In considering any waiver request, the approving
authority shall review the proposed plat and the standards and purposes
for buffers considering the location and setback of buildings and
parking areas; outdoor illumination; topographic features of the area;
existing features such as trees and streams; the efficiency, adequacy
and safety of the proposed layout of driveways, streets, sidewalks
and paths; the adequacy and location of existing buffer areas; the
proposed uses; and similar features.
F.
A landscape buffer shall be provided along the rear
and side lot lines for all community/power retail center establishments.
[Added 2-1-1999 by Ord. No. 1999-4]
G.
A buffer planting within the required front yard shall
be provided for all community/power retail center establishments.
No structure or activity shall be permitted within the required front
yard setback except for access drives. The required landscaping within
this area shall conform to the standards as set forth within this
section.
[Added 2-1-1999 by Ord. No. 1999-4]
H.
Buffers required under the section shall be installed
as follows:
[Added 1-18-2000 by Ord. No. 2000-1;
amended 6-11-2002 by Ord. No. 2002-7]
(1)
Buffers at the perimeter of each phase of the development
and along existing rights-of-way shall be installed by the time the
first certificate of occupancy is issued. Notwithstanding said requirement,
these buffers may begin construction within 15 days after the commencement
of the first growing season if recommended by the Township Engineer.
If the developer requests a certificate of occupancy and the buffers
are not completed, the Township may grant a certificate of occupancy,
provided only if there is a cash deposit in the amount recommended
by the Township Planner, said amount to be the number of lots divided
into the remaining cost of the buffer for the per-lot cost for the
number of certificates of occupancy remaining and abutting the buffer.
The landscape plan submitted to the appropriate Board shall include
a schedule for the various buffers. The balance of the required buffers
shall be completed as approved on said schedule. Notwithstanding the
above, building permits and certificates of occupancy may be obtained
for model homes.
[Added 2-1-1999 by Ord. No. 1999-4]
A.
Facades greater than 100 feet in length, measured
horizontally, shall incorporate wall plane projections or recesses
having a depth of at least three percent of the length of the facade
and extending at least 20% of the length of the facade. No uninterrupted
length of any facade shall exceed 100 horizontal feet.
B.
All facades that face public streets and/or adjoining
residential zoning districts and/or dwellings shall have arcades,
display windows, entry areas, awnings or other such architectural
features along no less than 60% of their horizontal length.
C.
Where principal buildings contain additional retail
establishments which occupy less than 25,000 square feet of gross
floor area, with separate, exterior customer entrances, the following
shall apply:
(1)
Windows and window displays of such stores should
be used to contribute to the visual interest of exterior facades.
The street level facade of such stores shall be transparent between
the height of three feet and eight feet above the walkway grade for
no less than 60% of the horizontal length of the building facade of
each additional retail establishment.
(2)
Windows shall be recessed and should include
visually prominent sills, shutters or other such forms of framing.
D.
Building facades shall include a repeating pattern
that shall include no less than three of the elements listed below.
At least one of these elements shall repeat horizontally. All elements
shall repeat at intervals of no more than 30 feet, either horizontally
or vertically.
E.
Variations in rooflines should be used to reduce the
massive scale of the larger buildings. Roofs shall incorporate at
least two of the following elements:
(1)
Parapets concealing flat roofs and rooftop equipment
such as HVAC units from public view. The average height of such parapets
shall not exceed 15% of the height of the supporting wall and such
parapets shall not at any point exceed 1/3 of the height of the supporting
wall. Such parapets shall feature three dimensional cornice treatment.
(2)
Overhanging eaves, extending no less than three
feet past the supporting walls.
(3)
Sloping roofs that do not exceed the average
height of the supporting walls, with an average slope greater than
or equal to one foot of vertical rise for every three feet of horizontal
run and less than or equal to one foot of vertical rise for every
one foot of horizontal run.
(4)
Three or more roof slope planes.
G.
Facade colors shall be subtle, portraying neutral
or earth tone colors. The use of high intensity colors, metallic colors,
black or fluorescent colors is discouraged.
H.
Building trim and accent areas may feature brighter
colors, including primary colors. Neon tubing may be an acceptable
feature for building trim or accent areas only with specific approval
from the Board.
I.
Entryways.
(1)
Entryway design elements and variations should
give orientation and aesthetically pleasing character to the building.
Each principal building on a site shall have clearly defined, highly
visible customer entrances featuring no less than three of the following:
(a)
Canopies or porticos.
(b)
Overhangs.
(c)
Recesses/projections.
(d)
Arcades.
(e)
Raised cornice parapets over the door.
(f)
Peaked roof forms.
(g)
Arches.
(h)
Outdoor patios.
(i)
Display windows.
(j)
Architectural details such as tile work and
moldings which are integrated into the building structure and design.
(k)
Integral planters or wing walls that incorporate
landscaped areas and/or places for sitting.
(2)
Where additional stores will be located in the
principal building, each such store shall have at least one exterior
customer entrance, which shall conform to the above requirements.
J.
All sides of a principal building that directly face
an abutting public street shall feature at least one customer entrance.
Where a principal building directly faces more than two abutting public
streets, this requirement shall apply only to two sides of the building.
K.
Pedestrian accessibility, safety, shelter and convenience
within the center grounds and the connection to adjacent neighborhoods
should be provided to reduce traffic impacts and project a pleasing
pedestrian oriented image. The following standards shall apply:
(1)
Sidewalks at least eight feet in width shall
be provided along all sides of the parcel that abut a public street.
(2)
Continuous internal pedestrian walkways, no
less than eight feet in width, shall be provided from the public sidewalk
to the principal customer entrance of all principal buildings on the
site.
|
At a minimum, walkways shall connect focal points
of pedestrian activity, such as, but not limited to, transit stops,
street crossings and building and store entry points, and shall feature
adjoining landscaped areas and other site amenities such as benches
for no less than 50% of the length of walkway.
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(3)
Sidewalks shall be provided along the full length
of the building along any facade featuring customer entrance, and
along any facade abutting a public parking area or public open space.
Such sidewalks shall be located at least six feet from the facade
of the building to provide planting beds, except where features such
as arcades or entryways are part of the facade. Shade trees adjacent
to all public sidewalks shall be provided at thirty-foot intervals
except to avoid competition with significant architectural features
such as arcades, entryways or focal points.
(4)
Internal pedestrian walkways shall provide weather
protection features such as awnings or arcades within 30 feet of all
customer entrances.
(5)
All internal pedestrian walkways that cross
drive aisles or public roadways shall be distinguished from the driving
surface through the use of durable surface materials such as pavers,
bricks or scored concrete.
(6)
Direct pedestrian routes should be provided
through parking areas and across the site to other destinations where
necessary.
L.
M.
Signs. Conformance with § 130-55 et seq. of this chapter shall be required except where a conflict is evident. The standards within this section shall control the sign standards for a commercial/power retail center establishment. Signs should be integrated into the building facade and/or landscape design. One wall-mounted sign is permitted for each facade fronting a public road for the principal use and each individual tenant, but not to exceed a maximum of two attached signs per retail establishment. Their aggregate area shall not exceed the equivalent of 10% of the area of the facade in which the sign is attached, including window and door areas. In addition, one freestanding sign per lot frontage advertising the name of the community/power retail center or the anchor retail establishment shall be permitted. The sign shall be located on the same lot as the retail center, but no closer to the intersection of two street lines than 50 feet, not exceeding six feet in height and no closer to the right-of-way than 10 feet. The sign area shall not exceed 60 square feet. Temporary promotional advertising signs shall be prohibited from attachment to any portion of the buildings.
A.
The purpose of this section is to provide flexibility
in residential design, to encourage energy conservation through flexibility
in building orientation, to reduce residential development costs and
to provide a method of preserving land for agriculture, open space,
common property, conservation, schools, recreation, parks and land
for other public purposes by permitting a reduction in residential
lot size without increasing the number of lots or permitted number
of dwelling units. Cluster development shall be permitted only in
those zoning districts for which a cluster lot size is indicated for
detached dwellings in the Schedule of Limitations.[1]
[Amended 9-5-1995 by Ord. No. 1995-19]
[1]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
B.
Cluster developments may be approved, provided that:
(1)
The tract size is at least 10 acres.
[Amended 9-5-1995 by Ord. No. 1995-19]
(2)
All dwelling units are connected to approved and functioning
central water and sanitary sewer systems.
(3)
The number of dwelling units does not exceed that which is permitted in the zoning provisions of Article VI.
(4)
Land equal in area to a minimum of 20% of the tract's
total land area is set aside for agriculture, open space, common property,
conservation, schools, recreation, parks and land for other public
purposes, singly or in combination, except that land utilized for
streets, parking, drives and required yards shall not be included
as part of the 20%. Lands to be set aside shall be either dedicated
to the Township, owned in common by an association as outlined below
or retained in private ownership with appropriate deed restrictions
or conservation easements assuring their continued use for the above-stated
purposes.
(5)
Of the land provided under the standards set forth in Subsection B(4) above, a minimum of one acre for each 25 dwelling units shall be set aside for recreation and park purposes, which means that it shall be accessible, readily adaptable for its intended tot-lot, playground or playfield use and environmentally suited for such use. The extent of improvements shall be determined by the Land Development Board, and, in the case of lands to be dedicated to the Township, governing body concurrence shall be required. If, under the provisions of this section, it is determined that land should be set aside for school purposes as a part of the cluster development, then the standard of one acre per 25 dwelling units shall not apply since recreation facilities would be provided as a part of the development of a school site. All sites identified for future recreation, open space or public use within a development shall have a sign posted on the site prior to the sale of any building lot within 300 feet of the nearest property line.
[Added 9-5-1995 by Ord. No. 1995-19;
amended 1-20-2004 by Ord. No. 2004-1]
C.
Lands offered to the Township or homeowners' association
shall meet the following requirements:
(1)
The minimum size shall be two acres if offered to
the Township.
(2)
Lands for recreation purposes shall be improved by
the developer, including equipment, walkways and landscaping, and
shall have sufficient size for the intended purposes.
(3)
Such lands shall be an integral part of the development
and designed, improved and located to best suit the purpose(s) for
which it is intended.
(4)
Every parcel accepted by the Township shall be conveyed
by deed at the time final plat approval is granted.
D.
Concurrence of governing body procedure. A copy of
any proposed dedication of land to the Township shall be transmitted
to the governing body and be subject to the approval of the approving
authority and the governing body. Both shall be guided by the Master
Plan, the ability to assemble and relate such lands to an overall
plan and the accessibility and potential utility of such lands to
serve the intended purpose and such existing features as topography,
soils, wetlands and tree cover as these features may enhance or detract
from the intended use of the land.
A.
Unless waived by the approving authority, concrete
curb shall be installed along all streets and along all edges of pavement
within a site. The standard curb section shall be 10 feet in length
with preformed bituminous cellular-type expansion joint material on
not more than twenty-foot centers and shall be set in accordance with
approved lines and grades, and radial curbs shall be formed in a smooth
curve. The finish shall be a smooth float finish with corners rounded.
Concrete curbs shall be six inches by eight inches by 18 inches (six
inches exposed face), having a twenty-eight-day compressive strength
of 4,000 pounds per square inch, and shall be air-entrained.
B.
Barrier-free curb ramps shall be constructed in accordance
with the Design Standards for Curb Ramps for the Physically Handicapped
of the New Jersey Department of Transportation.
C.
Where curbs are waived or where alternate curbs are
allowed, such as granite block or rolled concrete curb, an appropriate
method of stabilizing the edge of paving, controlling erosion and
managing stormwater shall be incorporated in the design.
D.
Combination curb and gutter will be allowed in all
areas and shall be required whenever the street profile or gutter
gradience is less than 1%.
[Amended 10-2-1995 by Ord. No. 1995-21]
[Amended 10-2-1995 by Ord. No. 1995-21]
All streets shall be provided with storm drainage
facilities where the same may be necessary for proper surface drainage.
The requirements of this section shall not be satisfied by the construction
of dry wells. The system shall be adequate to carry off or store the
stormwater and natural drainage water which originates within the
subdivision boundaries and that which originates beyond the subdivision
boundaries and passes through the subdivision calculated on the basis
of maximum potential development as permitted under the provisions
of this chapter. No stormwater runoff or natural drainage water shall
be so diverted as to overload existing drainage on other lands without
proper and approved provisions being made for taking care of these
conditions.
A.
The time of concentration used in computing stormwater
runoff shall be the equivalent of the time required for water falling
at the most remote point of the drainage area to reach the point in
the drainage system under construction.
B.
Computation of flow rate.
(1)
Computations of the rate of flow at any given location
shall be based on the Rational Formula, Q = CIA, where:
|
Q
|
=
|
Flow in cubic feet per second
| |
|
C
|
=
|
Runoff factor
| |
|
I
|
=
|
Intensity of rainfall in inches per hour
| |
|
A
|
=
|
Watershed area in acres
|
(2)
In setting the value of the runoff coefficient (C),
consideration will be given to the physical features of the drainage
basin and the best available data on the future density of development
of the drainage basin. In no case shall C be less than (0.40) after
development.
(4)
The Rainfall Intensity-Duration-Frequency Curves for
either Philadelphia, Pennsylvania, or Trenton, New Jersey, by the
United States Department of Commerce, Weather Bureau, shall be used
in the above computation.
C.
Storm drainage pipe and culverts shall be reenforced
concrete. Reenforced concrete pipe shall conform to the American Society
for Testing and Materials standard specifications for Reenforced Concrete
Culvert, Storm Drain and Sewer Pipe; Reenforced Concrete Arch Culvert,
Storm Drain and Sewer Pipe; and Reenforced Concrete Elliptical/Culvert,
Storm Drain and Sewer Pipe.
D.
Storm sewer pipelines.
(1)
Storm sewer pipelines shall be sized based on the
Manning equation and shall utilize the following friction factor:
|
n = 0.015 Concrete pipe
|
(2)
The minimum allowable pipe size is 15 inches Reinforced
Concrete Class III, Wall B, which shall be used in pavement areas
and wherever there is vehicular traffic. Where the cover on the pipe
will be less than two feet, reinforced concrete pipe of Class IV,
Wall B, shall be used. No pipe shall have less than one foot of cover.
E.
The pipe size determined to be adequate for the runoff
computed shall be increased by at least one standard pipe size for
the type of pipe being used in order to provide adequate allowance
for the normal accumulation of sediment and debris in the storm drainage
system.
F.
Standard headwalls or flared end sections shall be
used at locations where stormwater enters or exits piping. In cases
where the pipe size is 24 inches or greater, trash bars shall be installed.
G.
When pipe sizes change at a point of juncture, such
as an inlet or manhole, the inside top elevations (overts) of the
pipes shall be matched.
H.
The minimum slope of any pipe shall be such that a
minimum velocity of 2.5 feet per second shall be maintained when the
pipe is flowing 1/4 full. Submerged pipes shall not be permitted.
I.
All culverts shall be limited to a single opening.
Multiple pipes shall be discouraged due to the increased probability
of accumulating debris.
J.
Inlets shall be located at curb radius tangent points
of all intersections so as to intercept surface water prior to flowing
across the intersection. When surface water is collected from two
directions at one street corner, inlets should be placed at the tangent
points of both ends of the radius. The use of one inlet in the radius
is not permitted. Inlets in streets shall be located on both sides,
at intervals not exceeding 400 feet.
K.
Inlets.
(1)
Inlets shall be equal to the New Jersey Department
of Transportation Type B inlets, with maximum collecting capacities
as follows:
|
Street Grade
(percent)
|
Inlet Capacity
(CFS)
| |
|---|---|---|
|
0.75
|
5.0
| |
|
2.00
|
4.8
| |
|
3.00
|
4.6
| |
|
4.00
|
4.4
| |
|
5.00
|
4.2
| |
|
6.00
|
4.0
|
(2)
Sufficient inlets shall be located and constructed
so that the length of surface runoff will not contribute a runoff
to the inlet exceeding the preceding collecting capacities.
(3)
All grates on stormwater inlets shall be of the bicycle
type.
L.
The gutter grade of all inlets shall be set not less
than two inches nor more than four inches below the gutter grade.
The surface of the paving adjacent to the inlets shall be constructed
to blend into the lowered gutter grade at the inlet in such a manner
that a sudden dropoff or dip at the inlet will not be created. At
such locations where drainage entirely depends on inlets, the collecting
capacities of the inlets shall be designed for 1 1/2 times the
preceding specified capacities.
M.
Access manholes shall be spaced at a maximum of four-hundred-foot
intervals where there are no inlets.
N.
Dished gutters on Township streets shall be permitted
only at intersections involving minor streets. Dished gutters shall
not be permitted on arterial, primary or secondary streets.
O.
All development and site plans shall incorporate on-site,
stormwater detention or retention facilities, unless specifically
exempted by the Land Development Board upon recommendation of the
Township Engineer.
[Amended 1-20-2004 by Ord. No. 2004-1]
P.
Basins shall be designed to limit the stormwater runoff
to a controlled rate of flow equal to or less than the stormwater
runoff prior to development. The required storage in the basin should
be for a twenty-five-year storm (developed site), with the outflow
from the basins limited to a ten-year storm (undeveloped site). Complete
calculations for the basin should be supplied at the time the preliminary
plans are submitted. These calculations should include runoff prior
to development, runoff after development and complete calculations
for design.
Q.
The design calculations should be based on time intervals
of five to 10 minutes and indicate inflow, average inflow by time
interval, outflow, average outflow by time interval, incremental change
in storage and height of water in the basin.
R.
All basins shall be designed to completely empty after
a rainstorm occurs and will have standing water for only a short period
during or immediately following the storm. The basins shall have provisions
for emergency overflow, while maintaining a freeboard of at least
one foot. The emergency spillway shall have suitable means of erosion
protection, such as concrete or grouted stone.
S.
Detention basin designs shall include calculations
showing sizing of the outfall piping. Where retention basins are being
proposed, the design must be accompanied by soil logs, percolation
rates and computations of time to empty the basin by percolation.
Soil logs shall extend at least 10 feet below the proposed basin bottom
and shall include the elevation of seasonal high water table.
T.
In all cases where a permanent pool pond (either existing
or proposed) is included in the development, the pond shall be designed
with a minimum depth of six feet and shall be so designed as to prevent
the growth of aquatic materials, to prevent wet and swampy conditions
around or near the edges of such pond and to provide adequate freeboard
to function as a normal retention pond.
U.
Impoundment retention basins along any stream that
maintains a steady flow of water throughout the year may be constructed,
provided that such facilities shall be designed to meet the standards
and have the approval of the New Jersey Department of Environmental
Protection and Energy and shall have the proper amount of sustained
water flow downstream, the proper water depth to control vegetation
and the proper design to prevent water stagnation in any part of the
pond.
V.
Fencing around detention ponds shall be required at
the Board's discretion depending on the probable volume and depth
of water detained, the proximity of the pond to populated areas and
the general nature of the installation. Where required, fencing shall
be at least four feet high and located as approved by the Land Development
Board.
[Amended 1-20-2004 by Ord. No. 2004-1]
W.
All detention basins shall have concrete low - flow
channels connecting all basin inlet pipes into the basin outlet control
structure.
A.
Drainage and utility easements shall be along side
and/or rear property lines where possible, shall not be less than
20 feet wide, shall be dimensioned on the plat, shall provide for
maintenance access, shall prohibit plantings or construction and shall
be identified as follows: "Drainage/Utility easement granted to the
Township of Lumberton as provided for in the Development Regulations
Ordinance."
B.
The removal of trees and ground cover shall be prohibited
in a conservation easement or floodplain except for the following
purposes: the removal of dead or diseased trees; the limited thinning
of trees and growth to encourage the most desirable growth; the removal
of trees to allow for structures designed to impound water or in areas
to be flooded in the creation of ponds or lakes; and to provide pathways,
recreation areas or similar open space improvements as approved on
the plat by the approving authority. Within a conservation easement,
unless otherwise permitted by the approving authority, no buildings
or structures shall be permitted, including but not limited to fences,
walls, paved surfaces, signs, sheds, swimming pools, garages and recreation
equipment.
[Amended 8-3-1992 by Ord. No. 1992-6]
A.
Prior to submitting a preliminary plat, the applicant
may present an overview of the natural limitations of the site to
guide the layout of the proposed development. Maps may be submitted
showing soil types, topography, slopes, surface water, aquifers, depth
to water table, flood plains, vegetation, foundation limitations,
erosion potential and septic suitability. Little or no text need accompany
this data at this stage. Through this procedure, major areas of concern
can be identified and agreed upon by use of this generalized data
at an early stage in order to avoid development designs that will
encroach upon the major environmental problem areas. Where environmentally
sensitive areas identified by this general data must be encroached
upon, the environmental impact report submitted at the preliminary
plat stage can analyze the problem in more detail based on on-site
evaluations, but limiting the analysis to the smaller areas of concern.
B.
The preliminary plat shall be accompanied by an environmental
impact report complying with the following, unless as a result of
data submitted prior to the preliminary plat, the approving authority
shall have waived or modified certain portions of these requirements.
(1)
A description of the development specifying what is
to be done during construction and operation to minimize environmental
impacts.
(2)
An inventory of the following on-site conditions and
an assessment of the probable impact of the development upon them:
(a)
Water supply.
(b)
Water quality.
(c)
Floodplain protection.
(d)
Soil erosion.
(e)
Sewage disposal.
(f)
Vegetation protection.
(g)
Air quality.
(h)
Historic landmarks.
(i)
Site aesthetics, e.g., views, terrain, wooded
areas, etc.
(j)
Slopes in excess of 15%.
(k)
Air and water quality shall be described with
reference to standards of the Department of Environmental Protection
and Energy. Soils shall be described with reference to Soil Conservation
Service categories and characteristics as they relate to such things
as erosion, sewage capability, floodplains and high-water table.
(3)
A list and the status of any approvals needed from
federal, state or county agencies.
(4)
An evaluation of any adverse environmental impacts
which cannot be avoided, including air and water pollution, noise,
sedimentation and siltation, increase in Township services or capital
needs and consequences to the Township tax structure.
(5)
A description of steps to be taken to avoid or to
minimize adverse environmental impacts during construction and operation,
including maps, schedules and other explanatory data.
(6)
Notwithstanding the foregoing, the approving authority
may waive all or part of an environmental impact report if sufficient
evidence is submitted to support a conclusion that the development
will have a slight or negligible environment impact or that the complete
report need not be prepared to evaluate the environmental impact of
the development.
[Added 6-19-2007 by Ord. No. 2007-6]
All applications for preliminary major subdivision
approval that are proposed and all applications for preliminary major
site plan approval shall be accompanied by a community impact statement
analyzing the proposed development and its expected impact upon the
existing facilities and services. The information furnished within
the community impact statement shall serve to influence the design
of the proposed development so that the provision of necessary municipal
facilities can be anticipated and coordinated with the construction
of the proposed development. The community impact statement shall
include, where applicable, the following:
A.
Population impact: an analysis of the number of people
expected to be added to the municipal population as a result of the
proposed development, according to the following age groups: preschool-aged
children, school-aged children, parents of family-bearing age, middle-aged
adults and retired people.
B.
School impact: an analysis of the anticipated number
of pupils who will be added to the student population in the municipality
and a statement by the relevant school authorities as to the ability
of the existing public school facilities to absorb the expected student
population during a ten-year time period and the expected cost of
any required building additions and/or increased teaching staff.
C.
Facilities impact: statements by the relevant authorities
as to the adequacy of the existing facilities, including the adequacy
of existing public water facilities and library facilities. Should
such facilities be determined to be inadequate to serve the proposed
development, the applicant shall indicate remedies, either expected
from other sources or proposed by the applicant, or any combination
thereof, along with the estimated costs for any additional facilities
proposed by the applicant.
D.
Service impact: statements by relevant authorities
as to the adequacy of the existing services proposed by the Township
to serve the proposed development and the impact of the development
upon the services, including police protection, fire protection, first
aid, emergency management, solid waste disposal and recycling and
street maintenance services.
E.
Traffic impact: an analysis of the existing road network
available to serve the proposed development, as well the proposed
road network within the development itself and the surrounding road
network which will be affected by the proposed development, including
the capacity of the existing and proposed development as well as the
increase in traffic volumes expected from other developments within
the area; and any problem spots on the overall road network, including
unsafe intersections, turns or grades.
F.
Financial impact: an analysis of the revenues expected
to be generated .
G.
Affordable housing impact: an analysis of the anticipated
number of affordable housing that will be generated from said projects,
as per the Council on Affordable Housing Third Round Substantive Rules
(N.J.A.C. 5:94) and Procedural Rules (N.J.A.C. 5:95).
[Amended 8-3-1992 by Ord. No. 1992-6]
Prior to the construction of a fence or wall,
a zoning permit shall be issued by the Zoning Officer.
A.
Fences and walls shall be located within the property
lines and shall not be located in any required sight triangle, nor
shall they be located within any public right-of-way or drainage,
utility or conservation easement.
B.
Fences and walls located between the street line and the required front yard setback line in Residential and Rural Agricultural Districts shall not exceed four feet in height. This regulation applies to all street frontages on corner lots. Fences and walls located in the required front yard setback area shall have open space in the fencing for light and air representing at least 50% of the fence area, except for reverse frontage lots, which shall be permitted to place fencing no closer than 30 feet to the street line on which there is reverse frontage in order to conform with the added lot depth and buffer requirements of this chapter, as set forth in § 130-58B, and such fencing along the buffer plantings shall be limited to a height of six feet.
C.
Fences and walls located between the street line and
the nearest point of the building in the Historic/Architectural District
shall not exceed four feet in height. This regulation applies to all
street frontages on corner lots. Fences and walls located within this
front yard setback area shall have open space in the fencing for light
and air representing at least 50% of the fence area.
E.
Fences and walls located around agricultural uses and utility uses shall have no height limitation. Fences and walls located around commercial and nonresidential uses in nonresidential zoning districts shall have no height limitation. Fences and walls located around nonresidential uses other than agricultural and utility uses in Residential, Historic/Architectural or Rural Agricultural Zoning Districts shall conform to the height and setback requirements set forth in Subsections B and C hereunder.
F.
If barbed wire or a similar fencing device is used,
it shall be considered a part of the fence for purposes of determining
the fence height.
G.
Fences and walls constructed as a part of a townhouse
development may have zoning permits issued directly to the property
owner, provided that the fence or wall is shown on an approved site
plan for the entire townhouse development.
[Amended 8-3-1992 by Ord. No. 1992-6]
A.
Wherever a central water supply system serves a development,
provision shall be made for fire hydrants along streets and/or on
the walls of nonresidential structures as approved by the Fire Official.
B.
Where there are streams or ponds, facilities shall
be provided to draft water for fire-fighting purposes. This shall
include access to an approved street suitable for use by fire-fighting
equipment and construction of or improvements to ponds, dams or similar
on-site development, where feasible. Such facilities shall be constructed
to the satisfaction of the Fire Official and Municipal Engineer.
Development in floodplains shall be regulated as set forth in Chapter 157, Flood Damage Prevention, of this Code.
[Added 10-16-2000 by Ord. No. 2000-22; amended 9-7-2023 by Ord. No. 2023-11]
A.
No topsoil shall be removed from areas intended for lawn and open
space. Topsoil moved during the course of construction shall be redistributed
on the project site so as to provide for the average depth of topsoil
in existence prior to disturbance or a minimum of at least six inches
of cover to all areas, whichever is greater, provided that all berms
shall have a minimum depth of topsoil of 12 inches.
(1)
All areas intended for lawn and open space shall be stabilized
by seeding, planting or sodding; and when the disturbed area exceeds
5,000 square feet, it shall be in accordance with a soil erosion and
sediment control plan approved by the Soil Conservation District.
(2)
In the event that the site does not contain sufficient amounts
of topsoil to provide the required topsoil to all areas intended for
lawn and open space, the developer shall supply sufficient amounts
of additional topsoil to the site in order to meet this requirement.
Quality and composition of imported topsoil shall be approved by the
Township Engineer prior to importation.
B.
As a supplement to the soil provisions of the Code of the Township
of Lumberton, this section requires that no soil shall be removed
from or be imported to any site within the Township of Lumberton without
prior approval of the Land Development Board, except and in accordance
with the following:
(1)
As part of the review and approval process of a major subdivision
or major site plan application by the Land Development Board, the
Board may recommend to the Township Administrator the issuance of
a soil removal permit for the removal or import of soil upon the request
of the applicant and the Board's review of the data and information
provided by the applicant. In this regard, prior to the removal or
importation of such soil:
(a)
The applicant shall provide the Board with an estimate of the
total amount of soil to be excavated from the site and the total amount
of soil to be imported to the site.
(b)
The applicant shall conduct soil borings sufficient in degree
to measure the average depth of topsoil present on the site of disturbance.
(c)
The Land Development Board shall review the data and information
as part of its review of the application for development.
(d)
The data and information provided by the applicant shall include
an assessment of how the soil is to be distributed and stabilized,
including grades and contours.
(e)
Moreover, the applicant shall provide the Township Engineer the results of the testing of the soil in accordance with § 246-8.
(f)
The applicant shall describe the size and number of vehicles
that are anticipated to haul the removed or imported soil or rock,
together with proposed truck routes.
(2)
Soil may be removed on any individual lot for the purpose of
constructing permitted and approved accessory structures (e.g., septic
systems, swimming pools, etc.).
(3)
Soil may be removed on any individual lot which contains an
approved soil removal business.
D.
Prior to the issuance of any certificate of occupancy for any improvement
on a site which required major subdivision and/or major site plan
approval and thus is subject to the approvals required by this section,
the applicant shall conduct such soil boring tests as are deemed necessary
to verify that the final amount of topsoil meets the standards required
by this section.
[Amended 9-5-1995 by Ord. No. 1995-19; 2-17-2004 by Ord. No.
2004-8; 6-10-2008 by Ord. No. 2008-10; 9-2-2008 by Ord. No. 2008-17]
A.
New structures, or the renovation of existing structures,
shall be constructed in any architectural style that is consistent
with other historic sites and structures within the H/A District.
These buildings shall reflect concepts of contemporary construction
methods, techniques and materials yet remain compatible with the historic
character of the Township of Lumberton. All new development in the
H/A District shall incorporate design features inspired by and consistent
with the other structures within the H/A District.
B.
No building or structure shall hereafter be erected,
reconstructed, altered, restored or demolished within an Historic/Architectural
District or on an historic site as identified in the adopted Historic
Preservation Plan Element of the Master Plan unless and until an application
for a building permit shall have been approved as to exterior or architectural
features which are subject to public view from a public street, way
or place. When facades of any building other than the rear facade
face public streets or pedestrian walkways, such facades shall include
architectural elements consistent with the primary facade, such as
but not limited to window treatment, design details, and materials.
The Historic/Architectural District and the historic sites shown on
the Lumberton Village and Eayrestown Village Historical/Architectural
Inventory dated 1974 in the Historic Preservation Plan Element of
the Master Plan, and otherwise referred to in the text of that plan
element, are hereby designated as an historic district and historic
sites in accordance with the requirements of the Municipal Land Use
Law.
C.
It shall
be the duty of the Building Inspector, in consultation with the Land
Development Board Engineer, to review all plans for construction,
alteration, repair, moving or demolition of structures in an Historic/Architectural
District and to submit only those applications to the Land Development
Board which involve changes to roofs, siding, windows, doors, porches,
railings, steps, fences, additions, garages, and substantial changes
in existing exterior architectural features. All building permits
which are for routine and necessary maintenance involving replacement
with in-kind work and materials will not require Land Development
Board review and approval. The Land Development Board, on those applications
sent to it, shall then make its recommendations to the Building Inspector
as to approval or disapproval of the plans under this section within
45 days, except where mutual agreement has been reached for an extension
of the time limit or where interested parties have offered an objection.
Failure of the Board to act within the specified time shall constitute
approval of the application. If the Board disapproves the plan under
this section, the Building Inspector shall deny the application for
a building permit. It shall be the duty of the Building Inspector,
in consultation with the Land Development Board Engineer, to determine
what shall constitute a substantial change.
D.
The following
standards and regulations shall apply in the Historic/Architectural
District and shall be in addition to the schedule of limitations for
such areas:
(1)
Illustrative
conceptual renderings with colored material samples shall be submitted
as part of any new site plan application. These renderings shall be
considered part of any approvals granted and shall not be substantially
changed prior to or during construction without the approval of the
Land Development Board. Illustrative conceptual renderings are also
required for any renovation or repair that will significantly change
the appearance of a structure. These renderings shall also be considered
part of any approvals granted and shall not be substantially changed
prior to or during construction without the approval of the Land Development
Board.
(2)
In
reviewing the application, the Land Development Board shall give consideration
to:
(a)
The historic or architectural value and significance of the structure
and its relationship to the historic value of the surrounding area.
(b)
The general compatibility of exterior design, arrangement and materials
proposed to be used.
(c)
Any other factor, including aesthetic, which it deems pertinent.
(d)
The description of the details of design for the period of architecture
involved in the particular structure and surrounding neighborhood.
(3)
The
Land Development Board shall pass only on exterior features of the
structure and not consider interior arrangements, nor shall it disapprove
applications except in regard to considerations as set forth in the
within subsections.
(4)
It
is intended that demolition of structures built before 1875 should
be discouraged as their loss will be a common loss to the Township
and the neighborhood. Moving of such a structure should be encouraged
as an alternative to demolition if there is no other way to save the
structure.
(5)
Demolition
or removal may be forbidden or postponed for a period of six months,
after public hearing granted to the applicant if desired; and the
Land Development Board shall then consult civic groups and public
agencies to ascertain how the Township may preserve the building or
the premises. The Land Development Board is empowered to work out
with the owner feasible plans for preservation of the structure where
moving or demolition thereof would be a great loss to the public and
to the Township.
(6)
The Land Development Board, in passing on the appropriateness of exterior architectural features, in any case shall keep in mind the purposes set forth in this Subsection D and shall consider, among other things, the general design, arrangement and material of the building or structure in question and the relationship of such factors to similar features of historic structures in the immediate surroundings and the position of such structures in relationship to the street or public way.
(7)
The
Land Development Board shall not make any recommendations or requirements
except for the purpose of preventing developments obviously incongruous
to the historic aspects of the Historic/Architectural District.
(8)
When
it is necessary to move an historic building to another site within
the Township to preserve it, upon approval of the relocation plans
by the Land Development Board, the building may be relocated, provided
that it fulfills the area regulations of the zone as to lot size,
setback and yard area.
(9)
In
new construction and changes of use, installation of enhanced landscaped
berms, buffers, and plantings are preferred to screen parking areas.
Parking within the H/A District shall be located to the rear of new
buildings and designed to reduce the visual impact of great expanses
of parking.
(10)
All buildings, light fixtures, fences, and walls shall be architecturally
consistent with the style of the other structures in the H/A District.
Preferences shall be given to lighting and landscape designs that
incorporate pedestrian amenities reminiscent of and complimentary
to the preferred historic architectural styles.
E.
The Land
Development Board shall have the power to engage experts to aid in
its deliberations. The Land Development Board shall have the power
to issue a certificate of approval if it approves of the plans submitted
to it for its review. On any application forwarded to the Land Development
Board for its review, a building permit shall not be issued until
such certificate of approval has issued.
F.
Upon approval
of the plans, the Land Development Board shall cause a certificate
of approval dated and signed by the Chairman to be issued to the applicant
or affixed to the plans.
G.
In the
case of disapproval, the Land Development Board shall state its reasons
therefor, in writing, and it may make recommendations to the applicant
with respect to appropriateness of design, arrangement, material and
the like of the structure involved.
H.
Nothing
in this chapter shall prohibit repairing or rebuilding any structure
in the Historic/ Architectural District so as to maintain or return
the structure to its original condition prior to deterioration or
destruction, provided that the structure was built prior to 1875.
I.
Denial
of an application may be appealed to the Land Development Board. On
appeals to the Land Development Board following the denial of an application
by the Building Inspector, the Land Development Board shall be controlled
by the standards set forth in this section in considering the merits
of the application.
J.
The procedure
for appeal to the Land Development Board shall be as required by statute
and this chapter and pursuant to the existing rules and regulations
of the Land Development Board.
[Amended 3-20-2006 by Ord. No. 2006-5]
Home occupations shall be conducted solely by
resident occupants of the lot, except that no more than one person
not a resident of the building may be employed on the premises at
any one time (the term one person is noncumulative and only a single
individual is allowed to work at the home occupation other than resident
occupants, whether working part-time or full-time at the site), and
provided also that no more than 500 square feet or the equivalent
of 40% of the first floor area of the building, whichever is smaller,
shall be used for such purposes; the home occupation remains subordinate
and incidental to the principal residential use; no display of products
shall be visible from the street; the residential character of the
neighborhood and building shall not be changed; the occupation shall
be conducted entirely within either the dwelling or accessory building,
but not both; no occupational sound shall be audible outside the building;
no article shall be offered for sale from the premises; no machinery
or equipment shall be used which will cause interference with radio
and television reception in the neighboring residences; adequate parking
is provided; and the use does not reduce the parking or yard requirements
of the principal residential use.
Where open space is generated and the Township
will not take title to such land, a homeowners' association shall
be established incorporating the following provisions which shall
be approved prior to final plat approval:
A.
Membership by all owners of property or interests
in the project shall be mandatory. The 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
to own and maintain such open space or property for the benefit of
such development. Thereafter 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. The document given to
the owners and tenants shall have a foreword with a concise summary
of the major principles embodied in the full document.
E.
The articles of incorporation, covenants, bylaws,
model deeds and other legal instruments shall ensure 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 designated
Township official or officer, as the case may be, may modify the terms
of the original notice as to deficiencies and may give a reasonable
extension of time 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 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, 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, continue for a succeeding
year. If the Township 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 shall determine such organization
is not ready and able to maintain said open space and property in
a reasonable condition, the Township 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 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.
[Amended 10-2-1995 by Ord. No. 1995-21; 8-19-2002 by Ord. No. 2002-8]
The objective of this section is to minimize
undesirable off-site effects. The following standards shall apply
to the appropriate property types:
A.
Commercial and industrial properties. All area lighting shall be provided with translucent fixtures and shields around the light source. The light intensity at ground level shall be a maximum of 1.0 footcandle. The total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7.5%. For special purposes, more intense lighting may be permitted, provided that additional shielding and/or planting buffer are included and approved as part of the plat to reduce off-site effects. No lights shall shine or reflect into adjacent windows. No lights shall be of a rotating, pulsating or other intermittent frequency. Ground-mounted exterior light fixtures, which produce off-site glare, shall be prohibited. Any commercial or industrial property that is adjacent to a residential property shall comply with § 130-38B, Residential properties, standards listed below along the common property line.
B.
Residential properties. All exterior lighting, whether
mounted to the principal building, accessory structure or pole, shall
be directed onto the property owner's property without substantial
spillover onto adjoining properties. Light spillage of more than 0.2
footcandle onto adjacent properties shall be prohibited. Light shields
and/or buffer plantings may be used to achieve the required light
spillage standard. Pole-mounted lights shall be a maximum of 10 feet
high.
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 paved street.
C.
Corner lots. Corner lots shall be of sufficient size
to allow building setbacks to meet front yard requirements along each
street. Any principal or accessory building located on a residential
corner lot shall have a minimum setback from both street lines equal
to that required for the front yard setback. The remaining yards shall
meet the requirements for side yards. There shall be no rear yard
requirement. For nonresidential uses, accessory structures and uses
shall not be required to meet the minimum setback from both street
lines equal to the required front yard.
[Amended 7-21-2009 by Ord. No. 2009-6-008]
D.
Extra width for street widenings to comply with an
adopted Master Plan or Official Map shall either be dedicated or,
if not dedicated, shall be anticipated by increasing the lot size
in anticipation of the future right-of-way.
E.
Where there is a question as to the suitability of
a lot due to flood conditions, high-water table or poor visibility
at street and driveway intersections or where percolation tests or
test borings show the ground conditions to be inadequate for proper
sewage disposal or similar circumstances, the approving authority
may withhold approval of such lot or require deletion of such lot
with the area merged into an adjacent lot.
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.
Any nonconforming lot legally existing on the date
of adoption of this chapter and not meeting the definition of the
previous subsection may have a building permit issued for a permitted
use without an appeal for a variance, provided that the building coverage
is not exceeded, the new structure does not violate any height or
setback requirements, parking requirements are met and the nonconforming
lot is the largest possible assemblage of contiguous land under the
preceding subsection. The side and rear yards may be reduced to the
same percentage that the area of the undersized lot bears to the zone
district requirements (e.g., if the lot is 75% of the minimum lot
size, the side and rear yards may be reduced to 75% of the minimum),
except that no yard shall be less than half that required by the chapter
or five feet, whichever is greater. All lots within developments and/or
sites developed in accordance with the terms and conditions of the
R-2.0 Residential Low-Density District, as they existed prior to a
recent amendment to the Zoning Ordinance, (Ordinance No. 2002-8) shall
continue to be regulated by same regulations and standards under which
the development occurred without regard to the fact that they now
may be in a different zone or subject to different regulations or
standards. These developments and/or sites shall continue to be regulated
by the R-2.0 standards in existence at the time that the lots were
developed.
[Amended 4-5-2004 by Ord. No. 2004-13]
H.
Whenever land has been dedicated to the Township to
meet the minimum street width requirements or to implement the Official
Map or Master Plan, the Building Inspector shall not withhold a building
and/or occupancy 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.
The development of lots as “flag lots”
is strongly discouraged and will be permitted by way of a variance
governed by the standards of N.J.S.A. 40:55D-70(c).
[Added 7-6-2004 by Ord. No. 2004-25]
[1]
Editor's Note: Former § 130-40,
Low- and moderate-income housing, was repealed 1-21-1997 by Ord. No.
1997-1.
Monuments shall be the size and shape required
by N.J.S.A. 46:23-9.12, or any amendments or supplements thereto (the
Map Filing Law, as amended), placed in accordance with said statute
and indicated on the final plat.
[1]
Editor's Note: Original Section 18-6.20, Mobile
Home Park, which immediately preceded this section, was deleted 8-3-1992
by Ord. No. 1992-6.
Any nonconforming use or structure existing
at the time of the passage of this chapter may be continued upon the
lot or in the structure so occupied, and any such structure may be
restored or repaired in the event of partial destruction thereof.
A.
B.
Maintenance work may be performed on a nonconforming
use, structure or lot, provided that the maintenance work does not
change the use, expand the building or the functional use of the building,
increase the area of a lot used for a nonconforming purpose or increase
the nonconformity in any manner.
C.
Any existing permitted use on a conforming lot which violates any yard requirements may have additions to the principal building or have an accessory structure erected without an appeal for a variance, provided that the total permitted building coverage shall not be exceeded and the proposed addition or accessory structure does not violate any of the setback requirements of the zoning district. Also, see the provisions of § 130-39G of this chapter.
[Amended 8-3-1992 by Ord. No. 1992-6]
D.
Subdivision of lots. An existing lot whose area and/or
dimensions are sufficient to permit a subdivision, but where a structure
exists on the lot with one or more setback violations, may nevertheless
be subdivided without an appeal for a variance, provided that the
subdivision itself does not create any new zoning violations and does
not increase the severity of the existing setback violation such as
moving the lot line even closer to the existing building.
Before final approval, payment of the developer's
pro rata share of off-site and off-tract improvements may be required,
including street improvements, water systems, sewerage, drainage facilities
and easements therefor.
A.
Essential off-site and off-tract improvements shall
be installed or a performance guaranty furnished in lieu thereof,
with the total cost borne by the developer.
(1)
Direct access to an improved street and connection
to central water supply and central sanitary sewer (where the development
does not qualify for individual on-site wells and sewage disposal
systems) shall be required.
(2)
Where demand for water and/or sewer service is beyond the capacity of present facilities, the approving authority may grant final plat approval, provided that the developer acquires land, constructs improvements and dedicates such water and sewer facilities to overcome the present capacity limitations. Where the expanded facilities have a capacity beyond the needs of the development, the cost to the developer shall be in accordance with Subsection B below.
(3)
Where off-site and off-tract drainage facilities are
not adequate to accommodate stormwater from the development, the approving
authority may grant final approval if the developer shall acquire,
improve and dedicate to the Township such enlarged, additional or
new drainage facilities.
(4)
In lieu of the developer performing such off-site
and off-tract work, the developer may enter into an agreement for
such work to be performed by the Township or its contractors at the
cost of the developer.
(5)
Where off-site and 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 such time when
the conditions no longer apply.
(6)
Where an arterial, minor, major roadway and/or intersection
improvement is proposed as indicated within the Traffic Circulation
Plan of the Township's Master Plan and its location will directly
affect a proposed development in terms of providing for public health,
safety and welfare, the developments which specifically benefit from
such improvement shall contribute a pro rata share in an amount determined
by the Board to the construction of this improvement.
[Added 2-1-1999 by Ord. No. 1999-4]
B.
Advisable off-site and off-tract improvements are
those which, although not essential, would promote the objectives
of this chapter and can be most appropriately accomplished in connection
with the development. Where such improvements are required as a local
improvement by the Township and the costs are to be assessed against
all properties specially benefited thereby (including the property
of the developer), the following provisions shall apply:
(1)
The approving authority shall refer its recommendations
to the governing body.
(2)
If the governing body concurs, the Municipal Engineer
or other professional shall determine the nature of the improvements,
including the needs created by the development and the existing needs
in the area, notwithstanding the proposed development.
(3)
An estimate of the costs of such work shall be prepared,
including all costs in any local improvement ordinance and those to
be assessed to the developer. Costs shall include construction, engineering,
any easement or right-of-way acquisition, legal work, advertising,
contingencies, bonding and assessments.
(4)
If the governing body will not adopt a local improvement
ordinance, the development shall be designed accordingly.
(5)
If a local improvement ordinance is adopted, the governing
body shall proceed in the following manner:
(a)
If sufficient funds are available for the initial
appropriation, the governing body may appropriate such funds and adopt
such ordinance.
(b)
If sufficient funds are not available for the
initial appropriation, the governing body may determine the anticipated
amount that the lands of the applicant would be expected to be assessed.
[1]
This amount shall be deposited by the applicant
with the Township Clerk/Administrator to final approval and prior
to introduction of the local improvement ordinance.
[2]
The deposit shall be made concurrent with an
agreement between the applicant and the Township outlining the purposes
for which the money may be spent; that such deposit may be appropriated
by the Township and commingled with other appropriated funds and expended
for the designated purposes; that if not spent within an agreed-upon
time, said deposit shall be returned to the applicant; that the properties
specially benefited by such improvement shall be assessed as provided
by law, including the property of applicant; and that the applicant's
deposit shall be credited against the assessment and any difference
shall be paid to the Township or, if the deposit exceeded the amount
assessed, the excess shall be refunded to the applicant, without interest.
[3]
Where said off-site and 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 governing body shall determine whether or not
to introduce a local improvement ordinance within 30 days after the
referral by the approving authority unless the time is extended with
the consent of the applicant. If the determination is not made within
the designated period, the approving authority shall proceed as if
the local improvement ordinance is not to be adopted.
A.
Access to and from nonresidential and multifamily
residential developments. Drives shall be limited to two to any street,
except when the frontage exceeds 500 feet, the number of drives may
be based on one drive for each 250 feet of property frontage. The
center lines of access points shall be spaced at least 65 feet apart.
Each drive shall handle no more than two lanes of traffic; be at least
100 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 corners with the
access drive connected to the street in the same manner as another
street.
B.
Access to off-street parking and loading spaces shall
be by the 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 area for six or more vehicles and loading areas for nonresidential uses shall be buffered from adjoining streets and residential uses meeting the objectives of § 130-26.
D.
Curbing. Parking areas containing six or more spaces
and all off-street loading areas shall have concrete curbing around
the perimeter in conjunction with a drainage plan. In lieu of concrete
curbing, the approving authority may accept equivalent methods of
defining the edge of paving, preventing vehicles from encroaching
upon nonpaved areas, controlling drainage and guiding traffic circulation.
Curbing or any alternative shall be ramped in accordance with the
Design Standards for Curb Ramps for the Physically Handicapped of
the New Jersey Department of Transportation.
E.
Dimensions.
(1)
Off-street parking spaces shall be a minimum of nine
feet wide, except in spaces serving retail uses shall be 10 feet wide.
Parking spaces shall be 18 feet in length, except parallel spaces
shall be 25 feet in length. Two percent of all parking spaces, but
not less than one nor more than 10 spaces, shall be 12 feet wide.
These wider spaces shall be located in one area and designated as
"parking for the handicapped."
|
For Parking Spaces 10 or 12 Feet Wide
|
For Parking Spaces 9 Feet Wide
| ||||
|---|---|---|---|---|---|
|
Angle of Parking Space
|
1-Way Aisle
(feet)
|
2-Way Aisle
(feet)
|
1-Way Aisle
(feet)
|
2-Way Aisle
(feet)
| |
|
90°
|
25
|
25
|
25
|
25
| |
|
60°
|
18
|
20
|
20
|
22
| |
|
Parallel
|
12
|
18
|
12
|
18
| |
(2)
Off-street loading spaces shall have 15 feet of vertical
clearance and be designed as follows:
|
Loading Space
(feet)
|
Apron Length
(feet)
| |||
|---|---|---|---|---|
|
Length
|
Width
|
90 degrees
|
60 degrees
| |
|
60
|
10
|
72
|
66
| |
|
60
|
12
|
63
|
57
| |
|
60
|
14
|
60
|
54
| |
|
NOTE: When off-street parking is provided where
the occupant can control utilization of the parking spaces, e.g.,
employee parking, separate parking areas may be approved for small
(compact) cars with the length and width reduced to 16 feet and eight
feet respectively. The aisle widths may be reduced to 90% of the above
schedule. The number of parking spaces which may be approved for small
(compact) cars shall be a determination of the approving authority
based upon documentation by the applicant and any data submitted by
others, but in any event it shall not exceed 30% of the total spaces
provided.
|
F.
Drainage. Facilities shall be installed in accordance with good engineering practice as approved by the Township Engineer and in accordance with the drainage provisions of § 130-29. 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 12 inches below the subgrade and filled with a suitable subbase material as determined by the Municipal Engineer. Where required by the Engineer, a system of porous concrete subsurface drains shall be constructed beneath the paving and connected to a suitable drain. Parking spaces shall have a minimum grade of 1.0%.
G.
Surfacing shall be approved as part of the plan approval.
Areas to experience heavy traffic, e.g., driveways and loading areas,
shall be paved over a stable subbase with not less than four inches
of compacted, plant-mixed bituminous stabilized base course in layers
of not more than two inches compacted thickness, or equivalent, plus
a minimum two-inch thick compacted wearing surface of bituminous concrete
(FABC) or equivalent. Areas to experience lighter traffic, e.g., parking
spaces, shall have paving of three inches of compacted base course
and 1.5 inches compacted wearing surface of the same material. All
shall be constructed in accordance with the Standard Specifications
of the New Jersey Department of Transportation. Speed bumps or similar
devices which have the intent of providing physical obstructions to
inhibit speeding, consisting of raised or depressed portions of driveways
in off-street parking areas, shall not be permitted.
[Amended 8-3-1992 by Ord. No. 1992-6]
H.
Landscaping within parking and loading areas shall be shown on the site plan, including the buffer requirements in § 130-26. Trees shall be spaced so as not to interfere with driver vision, have branches no lower than eight feet and be 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 spaces for lots with more than 50 cars shall be obscured from streets by buildings, landscaped berms, natural ground elevation or plantings, singly or in combination. Landscape islands shall be provided at each end of a parking bay. These islands shall include a concrete curb and be a minimum width of eight feet to accommodate shade tree planting. Every effort should be made to break up the scale and moderate the environment of the parking lot.
[Amended 2-1-1999 by Ord. No. 1999-4]
I.
Minimum loading requirements. Adequate off-street
loading and maneuvering space shall be provided for every use. The
minimum number of spaces shall be based on the following schedule.
Those uses not listed shall provide sufficient spaces as determined
under site plan review.
|
Off-Street Loading Schedule
| ||||
|---|---|---|---|---|
|
Minimum Number of Spaces*
|
Gross Floor Area at Which First Berth
is Required
|
Gross Floor Area at Which 2nd Berth is
Required
|
Additional Gross Floor Area each Additional
Berth
| |
|
Residential, church, school, pool, firehouse,
golf course, day-care center, service station, movie theater, car
wash
|
0
|
N.A.
|
N.A.
|
N.A.
|
|
Auto/truck sales
|
1
|
10,000
|
40,000
|
40,000
|
|
Bowling alley
|
1
|
10,000
|
100,000
|
100,000
|
|
Contractor's yard
|
1
|
10,000
|
25,000
|
20,000
|
|
Financial institution
|
0
|
10,000
|
100,000
|
100,000
|
|
Hospital
|
1
|
10,000
|
100,000
|
100,000
|
|
Lumberyard
|
1
|
10,000
|
25,000
|
20,000
|
|
Manufacturing, assembly, fabricating
|
1
|
5,000
|
40,000
|
30,000
|
|
Medical center
|
0
|
10,000
|
100,000
|
100,000
|
|
Mortuary
|
1
|
10,000
|
100,000
|
100,000
|
|
Motel
|
1
|
10,000
|
100,000
|
100,000
|
|
Nightclub
|
1
|
10,000
|
25,000
|
20,000
|
|
Office and office building
|
0
|
10,000
|
100,000
|
100,000
|
|
Personal service
|
0
|
10,000
|
20,000
|
20,000
|
|
Research
|
1
|
5,000
|
40,000
|
40,000
|
|
Restaurant
|
1
|
10,000
|
25,000
|
20,000
|
|
Retail store
|
1
|
10,000
|
20,000
|
20,000
|
|
Shopping center
|
1
|
10,000
|
40,000
|
40,000
|
|
Veterinary hospital
|
1
|
10,000
|
100,000
|
100,000
|
|
Warehouse, shipping and receiving
|
1
|
5,000
|
40,000
|
30,000
|
|
Wholesale fuel distribution
|
1
|
10,000
|
40,000
|
30,000
|
|
* NOTE: The minimum number of spaces shall prevail
for uses that have not attained the gross floor area where the first
space is required.
|
(1)
There shall be a minimum of one trash-garbage pickup
location separate from the parking and loading areas and located either
within or outside a building in steel-like, totally enclosed containers
located and screened to be obscured from view from parking areas,
streets and adjacent residential uses or zoning districts. If located
within the building, the doorways may serve both the loading and trash-garbage
collection functions. If a container is used for trash-garbage collection
functions and is located outside the building, it may be located adjacent
to or within the general loading areas, provided that the containers
in no way interfere with or restrict the loading and unloading functions.
(2)
Where any use is located on a tract of at least 50
acres and no portion of a loading area, including maneuvering areas,
is closer than 200 feet to any property line and where the length
of the driveway connecting the loading area to the street is at least
300 feet, the number of off-street loading spaces may be less than
the number required by the above schedule, provided that the applicant,
as part of the site plan application, indicates on the site plan and
documents to the approving authority how the number of spaces to be
provided will be adequate to meet the needs of the specific use proposed.
(3)
No areas for outdoor storage, trash collection or
compaction, loading or other such uses shall be located within 20
feet of any public street, public sidewalk or internal pedestrianway.
Loading docks, truck parking, outdoor storage, utility meters, HVAC
equipment, trash collection, trash compaction and other service functions
shall be incorporated into the overall design of the building and
the landscaping so that the visual and acoustic impacts of these functions
are fully contained and out of view from adjacent properties and public
streets.
[Added 2-1-1999 by Ord. No. 1999-4]
(4)
Community/power retail center establishments. All
nonenclosed areas for the storage and sale of seasonal inventory shall
be permanently defined and screened with walls and/or fences. Materials,
colors and design of screening walls and/or fences shall conform to
those used as predominant materials and colors on the building. If
such areas are to be covered, then the covering shall conform to those
used as predominant materials and colors on the building. No delivery,
loading, trash removal or compaction, or other such operation shall
be permitted between the hours of 10:00 p.m. and 7:00 a.m. unless
the applicant submits evidence that sound barriers between all areas
of such operations effectively reduce noise emissions to a level of
44 db, as measured at the lot line of any adjoining property. The
site plan shall identify the number and types of vehicles, including,
but not limited to, flatbed trucks, tractor trailer trucks, tank trucks
and pickup trucks, that shall be loaded or unloaded, the duration
of the loading and unloading operations and the maximum number of
vehicles by type expected to be loading or unloading at any one time.
[Added 2-1-1999 by Ord. No. 1999-4]
J.
Minimum parking requirements. The number of parking
spaces for each use shall be determined by the number of dwelling
units, the amount of gross floor area as defined in this chapter or
such other measure as noted below. Where a particular function contains
more than one use, the total parking requirements shall be the sum
of the component parts, unless indicated otherwise.
(1)
Auto/truck sales: one space per 50 square feet of
showroom and sales office area.
(2)
Bowling alley: four spaces per alley.
(3)
Car wash: eight spaces per washing lane.
(4)
Church: one space per three seats.
|
(4.1)
|
Community/power retail center: four spaces per
1,000 square feet of gross floor area. The applicant may deviate from
this requirement if it can be determined on the basis of design hour
demand from empirical data that a reduction or increase in the required
parking is warranted. The Board shall have the authority to grant
such a deviation as it deems appropriate.
[Added 2-1-1999 by Ord. No. 1999-4] |
(5)
Community swimming pool: one space per 15 square feet
of surface area.
(6)
Day-care center: one space per 60 square feet of gross
floor area.
(8)
Financial institution: one space per 250 square feet
of gross floor area.
(9)
Golf course: four spaces per hole.
(10)
Hospital: 1.5 spaces per bed.
(11)
Lumber and contractor's yard: one space per
5,000 square feet of gross yard area.
(12)
Manufacturing, assembly and fabrication: one
space per 800 square feet of gross floor area.
(13)
Medical professional: one space per 150 square
feet of gross floor area.
(14)
Motel: 1.1 spaces per unit.
(15)
Mortuary: 10 spaces per viewing room and chapel.
(16)
Movie theater: one space per three seats; one
space per four seats in shopping center.
(17)
Nightclub: one space per three seats.
(18)
Office and office building: one space per 250
square feet of gross floor area.
(19)
Personal service: one space per 200 square feet
of gross floor area.
(20)
Professional home occupation (nonmedical): one
space per 200 square feet.
(21)
Research: one space per 800 square feet of gross
floor area.
(22)
Restaurant: one space per two seats.
(23)
Retail store: one space per 200 square feet
of gross floor area.
(24)
Service station: five spaces per bay.
(25)
Shopping center: one space per 200 square feet
of gross floor area.
(26)
Veterinary hospital: six spaces per examination
room.
(27)
Warehouse, shipping and receiving: one space
per 5,000 square feet of gross floor area.
(28)
Wholesale fuel distribution: one space per 10,000
square feet of gross yard area devoted to use.
K.
Location.
(1)
Parking and 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 the street. Parking spaces shall be located at least 20 feet from the building and 15 feet from any street right-of-way. In accordance with § 130-23C, parking spaces for nonresidential uses shall be permitted in the front yard. No loading areas shall be in the front yard.
[Amended 8-3-1992 by Ord. No. 1992-6; 7-21-2009 by Ord. No. 2009-6-008]]
(2)
No parking or loading space shall be located in any
required buffer area.
(3)
Parking spaces located to serve residential uses shall
be convenient to the intended use, but generally within 150 feet of
the entrance to the building. For nonresidential uses, they shall
generally be located within 300 feet of the entrance to the building.
(4)
No parking shall be permitted in fire lanes, streets,
driveways, aisles, sidewalks or turning areas.
(5)
Handicapped spaces shall be identified by a sign facing
the end of each space and painting in the space itself displaying
the international symbol.
(6)
No commercial motor vehicle, school bus, dump truck,
walk-in van or construction equipment shall be parked or stored anywhere
in a Residential, Historic/Architectural or Rural Agricultural District
except when the vehicle is being used in the transaction of business
with the owner or occupant of the property. Commercial motor vehicles
shall include all commercially licensed vehicles and all trucks or
vans with a gross registered weight in excess of 11,000 pounds. This
section shall not apply to farms and shall exclude pickup trucks or
similar small lightweight vans or vehicles. The provisions of this
subsection shall not apply to the parking or storage of school buses
and school vans on public school, private school or parochial school
property.
(7)
Community/power retail center.
[Added 2-1-1999 by Ord. No. 1999-4]
(a)
No more than 50% of the off-street parking area
for the entire property shall be located between the front facade
of the principal building(s) and the public roadway. The percentage
of parking permitted within the area between the front facade of the
building and the public roadway may be increased to 75% to provide
for the following:
(b)
The length of parking bays shall be limited to reduce the visual impact of the parking area. All parking bays fronting a public roadway shall not provide for more than 20 parking spaces per each row (40 spaces per bay). For parking areas that do not directly front on a public roadway, the parking bay shall not provide for more than 60 parking spaces per row. Landscape islands in conformance with § 130-44H should be provided at intervals equaling a distance of every 20 parking spaces.
(8)
Driveways and access to any public street, except
for single-family dwelling units, patio homes or two-family dwelling
units, shall be located at least 35 feet from the intersection of
the street at the curbline and shall be designed in a manner conducive
to safe ingress and egress. Cross access easements between a separately
owned community/power retail center are required to ensure vehicular
safety and reduce traffic congestion by limiting the number of vehicles
accessing the public right-of-way. Curb cut access shall be limited
by the Board as deemed necessary in order to provide as few curb cuts
as necessary.
[Added 2-1-1999 by Ord. No. 1999-4]
L.
Waiver of parking or loading requirements. The Land
Development Board may waive all of the loading requirements or a portion
of the parking requirements of this section, provided that the following
requirements are met:
[Amended 1-20-2004 by Ord. No. 2004-1]
(1)
The variation for parking is no more than 20% of the
requirements set forth herein.
(2)
Such exception from the requirements is reasonable
and within the general purpose and intent of the parking or loading
requirements.
(3)
Literal enforcement of said provisions will exact
undue hardship because of peculiar conditions pertaining to the land
in question.
A.
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 the level of monitoring to be conducted.
B.
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
hazard or 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. No bulk storage
of materials or equipment shall be in any front yard, nor closer to
any street line than 100 feet and no closer to any side or rear lot
line than the minimum setback for the principal buildings. Each site
shall provide appropriate area(s), properly screened from adjacent
property, for the orderly deposit and pickup of trash and garbage.
The approving authority shall find the following:
A.
The planned development provisions shall supersede
any conflicting portions of this chapter.
B.
Proposals for maintenance and conservation of the common open space shall be reliable. Any private organization shall be established in accordance with the homeowners' association provisions in § 130-37. The amount, location and purpose of the common open space shall be adequate for the use intended.
C.
The design 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 adverse effect upon
the area in which it is proposed to be established.
E.
A development contemplating construction over a period
of years shall provide adequate terms and conditions to protect the
interests of the public and residents, occupants and owners of the
development and the end of each stage and upon completion of the development.
F.
Before final approval, the applicant shall submit a development schedule in one or more stages as contained in § 130-19A(2), including the location and mix of housing types in each stage. The housing mix at the end of any stage (except for the final stage) shall not deviate more than 20% from the approved final mix of unit types and cost ranges related to the provision of low- and moderate-income housing. Failure to adhere to the schedule shall mean no other stages of the development or new development by the same principals shall be considered until the stage in default is completed.
[Added 5-14-2002 by Ord. No. 2002-4]
A.
Definition. "General development plan" means a comprehensive
plan for the development of a planned development.
B.
Minimum tract size: 100 acres (contiguous or noncontiguous).
C.
Timing of application. A developer may submit an application
to the Land Development Board for approval of a general development
plan prior to the granting of preliminary subdivision or site plan
approval of that development by the Land Development Board.
[Amended 1-20-2004 by Ord. No. 2004-1]
D.
Public notice of hearing. Public notice of a hearing on an application for general development plan approval shall be required in accordance with the requirements of § 130-9 (Public hearings).
E.
Timing of Land Development Board decision. The Land
Development Board shall grant or deny general development plan approval
within 95 days after submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant. Failure of the Land Development Board to act within the
period prescribed shall constitute general development plan approval.
[Amended 1-20-2004 by Ord. No. 2004-1]
F.
Required contents of the general development plan.
The general development plan shall set forth the permitted number
of dwelling units, the amount of nonresidential floor space, the residential
density and the nonresidential floor area ratio for the planned development,
in its entirety, according to a schedule which sets forth the timing
of the various sections of the development. The planned development
shall be a development plan approved by the Land Development Board
notwithstanding any provision of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1
et seq.), or an ordinance or regulation adopted pursuant thereto after
the effective date of the approval.
[Amended 1-20-2004 by Ord. No. 2004-1]
G.
Duration.
[Amended 1-20-2004 by Ord. No. 2004-1]
(1)
The term of the effect of the general development plan approval shall be determined by the Land Development Board using the guidelines set forth in Subsection I(3) of this section, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
(2)
In making its determination regarding the duration
of the effect of approval of the development plan, the Land Development
Board shall consider the number of dwelling units or amount of nonresidential
floor area to be constructed, prevailing economic conditions, the
timing schedule to be followed in completing the development and the
likelihood of its fulfillment, the developer's capability of completing
the proposed development and the contents of the general development
plan and any conditions which the Land Development Board attaches
to the approval thereof.
H.
Information that is required to be submitted for general
development plan approval:
(1)
A general land use plan at a scale not less
than one inch equals 200 feet indicating the tract area and general
locations of the land uses to be included in the planned development.
The total number of dwelling units and amount of nonresidential floor
area to be provided and proposed land which are to be devoted to residential
and nonresidential use shall be set forth. In addition, the proposed
types of nonresidential uses to be included in the planned development
shall be set forth, and the land area to be occupied by each proposed
use shall be estimated. The density and intensity of the use of the
entire planned development shall be set forth, and a residential density
and a nonresidential floor area ratio shall be provided.
(2)
Circulation plan showing the general location
and types of transportation facilities, including facilities for pedestrian
access within the planned development and any proposed improvements
to the existing transportation system outside the planned development.
(3)
An open space plan showing the proposed land
area and general location of parks and any other land areas to be
set aside for conservation and recreational purposes and a general
description of improvements proposed to be made thereon, including
a plan for the operation and maintenance of parks and recreational
lands.
(4)
A utility plan indicating the need for and showing
the proposed location of sewage and water lines, any drainage facilities
necessitated by the physical characteristics of the site, proposed
methods for handling solid waste disposal and a plan for the operation
and maintenance of proposed utilities.
(a)
Any general development plan (GDP) that includes
a golf course shall include a list of permits necessary from other
agencies and a commitment that the Township be furnished copies of
all permits, monitoring reports and other documents pertaining thereto.
(5)
A stormwater management plan setting forth the
proposed method of controlling and managing stormwater on the site.
(a)
Any GDP that includes a golf course shall include
a stormwater management plan designed to result in the maximum feasible
stormwater being collected and retained on-site where the ponds can
provide stormwater management, flood control, water supply for irrigation
purposes to reduce demands on off-tract ground and surface water supplies,
aesthetic appearances and/or water hazards for golfers. This shall
include off-site drainage arriving at the golf course and any associated
residential development and drainage originating from any associated
residential development.
(6)
An environmental inventory, including a general
description of the vegetation, soils, topography, geology, surface
hydrology, climate and cultural resources of the site, existing man-made
structures or features and the probable impact of the development
on the environmental attributes of the site.
(7)
A community facility plan indicating the scope
and type of supporting community facilities which may include, but
not be limited to, educational or cultural facilities, historic sites,
libraries, hospitals, firehouses and police stations.
(8)
A housing plan outlining the number of housing
units to be provided and the extent to which any housing obligation
assigned to the municipality pursuant to P.L. 1985, c. 222 will be
fulfilled by the development.
(9)
A local service plan indicating those public
services which the applicant proposes to provide and which may include,
but not be limited to, water, sewer, cable and solid waste disposal.
(10)
A fiscal report describing the anticipated demand
on municipal services to be generated by the planned development and
any other financial impacts to be faced by municipality or school
districts as a result of the completion of the planned development.
The fiscal report shall also include a detailed projection on property
tax revenues which will accrue to the county, municipality and school
districts according to the timing schedule provided by the Board and
following the completion of the planned development in its entirety.
(11)
A proposed timing schedule in the case of a
planned development whose construction is contemplated over a period
of years, including any terms or conditions which are intended to
protect the interests of the public and of the residents who occupy
any section of the planned development prior to the completion of
the development in its entirety.
(12)
A municipal development agreement, which shall
mean a written agreement between a municipality and a developer relating
to the planned development.
(13)
Other information. The Land Development Board
may require such additional information not specified in this section,
or any revisions in the accompanying documents, as are reasonably
necessary to make an informed decision as to whether the requirements
necessary for approval of the application for development have been
met. The application shall not be deemed incomplete for lack of any
such additional information or any revisions in the accompanying documents
so required by the municipal agency.
[Amended 1-20-2004 by Ord. No. 2004-1]
I.
General development plan; timing schedule; modification.
(1)
In the event that the developer seeks to modify
the proposed timing schedule, such modification shall require the
approval of the Land Development Board. The Land Development Board
shall, in deciding whether or not to grant approval of the modification,
take into consideration prevailing economic and market conditions,
anticipated and actual needs for residential units and nonresidential
space within the municipality and the region and the availability
and capacity of public facilities to accommodate the proposed development.
[Amended 1-20-2004 by Ord. No. 2004-1]
(2)
Any variation in the location of land uses or
increase in density or floor area ratio proposed in reaction to a
negative decision of or condition of development approval by the Department
of Environmental Protection shall be approved by the Land Development
Board if the developer can demonstrate to the satisfaction of the
Land Development Board that the variation being proposed is a direct
result of such determination by the Department of Environmental Protection,
as the case may be.
[Amended 1-20-2004 by Ord. No. 2004-1]
(3)
Upon the completion of each section of the development
as set forth in the approved GDP, the developer shall notify the administrative
officer by certified mail as evidence that the developer is fulfilling
his obligations under the approved plan. For the purpose of this section
"completion" of any section of the development shall mean that the
developer has acquired a certificate of occupancy for every residential
unit or every nonresidential structure as set forth in the approved
GDP. If the municipality does not receive such notification at the
completion of any section of the development, the municipality shall
notify the developer, by certified mail, in order to determine whether
or not terms of the approved plan are being satisfactorily met. If
a developer does not complete any section of the development within
eight months of the date provided for in the approved plan, or if
at any time the municipality has cause to believe that the developer
is not fulfilling the obligations pursuant to the approved plan, the
municipality shall notify the developer, by certified mail, and the
developer shall have 10 days within which to give evidence that they
are fulfilling their obligation pursuant to the approved plan. The
municipality thereafter shall conduct a hearing to determine whether
or not the developer is in violation of the approved plan. If, after
such a hearing, the municipality finds good cause to terminate the
approval, it shall provide written notice of same to the developer
and the approval shall be terminated 30 days thereafter.
(4)
In the event that a developer who has general
development plan approval does not apply for preliminary approval
for the planned development which is the subject of that general development
plan approval within five years of the date upon which the general
development plan has been approved by the Land Development Board,
the municipality shall have cause to terminate the approval.
[Amended 1-20-2004 by Ord. No. 2004-1]
(5)
In the event that a development which is the
subject of an approved GDP is completed before the end of the term
of the approval, the approval shall terminate with the completion
of the development. For the purpose of this section, a development
shall be considered complete on the date upon which a certificate
of occupancy has been issued for the final residential or nonresidential
structure in the last section of the development in accordance with
the timing schedule set forth in the approved general development
plan and the developer has fulfilled all of his obligations pursuant
to the approval.
[Amended 4-6-1998 by Ord. No. 1998-11; 2-1-1999 by Ord. No.
1999-4]
No lot shall have erected upon it more than
one principal building. No more than one principal permitted use shall
be allowed within this principal building on one principal lot, except
that shopping centers, apartment or townhouse complexes, condominium
projects and industrial or office complexes may be permitted to have
more than one principal building and one principal use on a lot. No
more than one principal permitted use shall be allowed within this
principal building on one principal lot except that shopping centers,
community/power retail centers, apartment or townhouse complexes,
condominium projects and industrial or office complexes may be permitted
to have more than one principal building and one principal use on
a lot.
All utilities shall be connected to approved
public utility systems where they exist.
A.
Electric, telephone and cable television distribution
supply lines and service connections shall be installed underground
except for those serving lots which abut streets with existing overhead
lines. 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.
B.
Where soil conditions, 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 § 130-13. To the extent practical, poles shall follow rear lot lines and other interior locations or be located where visual impact will be minimized.
[1]
Editor's Note: Former § 130-48.1, Design and construction
standards for recreational facilities, added 9-5-1995 by Ord. No.
1995-19, as amended, was repealed 8-22-2017 by Ord. No. 2017-009.
[Added 5-14-2002 by Ord. No. 2002-5]
The intent of these standards is to promote
the development of safe, attractive and well-maintained recreational
facilities in Lumberton Township. These standards should be considered
as general guidelines only.
A.
General standards.
(1)
In all cases, storm drainage computations shall
be performed in accordance with existing regulations as outlined in
the Lumberton Township Subdivision Regulations, including calculation
of flows, sizing of facilities and provision for stormwater detention.
(2)
Grading of recreational facilities shall be
performed in accordance with accepted engineering standards, as well
as with recommended standards for the specific athletic facility in
question. All grading shall be subject to review and approval by the
Township Engineer.
(3)
All stormwater collection and conveyance facilities
shall be designed in such a fashion that interference with the safety
and function of the facility is minimized. Under no circumstances
are storm drainage structures, except for underground pipes, to be
located within playing areas. Wherever possible, structures such as
inlets, headwalls and flared end sections should be located at least
10 feet from the defined limit of any play area or the required fence
line, whichever is greater.
(4)
The stormwater management plan of a multipurpose
recreational facility should be designed so that stormwater runoff
is intercepted and conveyed to a discharge point as efficiently as
possible to minimize overland flow.
B.
Open channel system.
(1)
Wherever possible, within the recreational complex,
swales should be used as a means of conveying stormwater to minimize
construction costs and maintenance liability.
(2)
Side slopes for drainage swales should be no
steeper than 10 to one.
(3)
A minimum longitudinal grade of 1% shall be
maintained to preclude ponding in swales.
(4)
Culverted pedestrian walkways should be provided,
as necessary, to facilitate pedestrian circulation during wet weather.
C.
Pipe systems.
(1)
If required, due to the close proximity of playing
fields and the resulting lack of area for construction of swales,
the construction of piped storm drainage systems may be necessary.
(2)
All storm sewers within recreational facilities
shall be designed for highway loading, since they may be exposed to
heavy construction and maintenance vehicle traffic.
(3)
Exposed drainage structures shall be located
as far as possible from playing areas to minimize tripping and falling
hazards.
[Added 4-5-2011 by Ord.
No. 2011-2-002]
A.
Purpose. The Township of Lumberton finds that reducing the amount
of solid waste and conservation of recyclable materials is an important
public concern and is necessary to implement the requirements of the
SWMA and the County Plan. Areas for the collection of recyclables
on residential properties should be designed to effectuate collection
of material in a safe and sanitary manner and should be sized to meet
current industry standards for volumes and containers.
B.
Statutory authority. This section is adopted pursuant to P.L. 1987,
c. 102 (effective April 20, 1987), N.J.S.A. 40:48-2, 40:66-1 and 40:49-2.1
and any amendments adopted thereto.
C.
ACT or SWMA
BURLINGTON COUNTY REGIONAL PROGRAM
CLASS A RECYCLABLE MATERIAL
COMMINGLED
COMMON AREA RECYCLING STORAGE LOCATION
CONDOMINIUM COMPLEX
CORRUGATED AND OTHER CARDBOARD
COUNTY
CURBSIDE DESIGNATED RECYCLABLES
CURBSIDE RECYCLING CONTAINER
DEP or DEPARTMENT
DESIGNATED RECYCLABLE MATERIALS
DSW
FIBER
MOBILE HOME PARK
MULTIFAMILY DWELLING
MUNICIPAL SOLID WASTE
MUNICIPALITY
PAPER
PERSON
QUALIFIED PRIVATE COMMUNITY
RECYCLABLE MATERIALS
RECYCLING
RESIDENT
SOLID WASTE
SOURCE SEPARATED
SWMA
Definitions. As used in this section, the following definitions shall
apply:
The Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq.,
as amended and supplemented.
The program utilized for the collection of those recyclable
materials as designated by the Department of Solid Waste from residential
curbside, participating multifamily and participating school collection
programs.
Source separated, nonputrescible, metal, glass, paper and
plastic containers; and corrugated and other cardboard.
A combining of source-separated recyclable materials for
the purpose of recycling.
A location designed in accordance with the land use ordinances
of this municipality as required for multifamily dwellings with more
than 20 residential units where curbside collection is not provided
under the Burlington County Regional Program.
A group of units, arranged horizontally or vertically, where
the form of ownership of real property under a master deed providing
for ownership by one or more owners of units of improvements together
with an undivided interest in common elements appurtenant to each
such unit.
All corrugated cardboard normally used for packing, mailing,
shipping or containerizing goods, merchandise or other material, but
excluding plastic, foam or wax-coated or soiled corrugated cardboard.
The Burlington County Board of Chosen Freeholders, and its
successors and assigns, acting through the Burlington County Department
of Solid Waste.
Those designated recyclables that are placed for collection
within the parameters of the curbside collection program as outlined
herein.
A container(s) provided by the municipality or persons for
the temporary storage of recyclable materials within the residential
unit(s).
The New Jersey Department of Environmental Protection.
Those recyclable materials to be source separated in this
municipality including but not limited to aluminum cans, antifreeze,
consumer electronics, corrugated cardboard, fluorescent lights, glass
containers, lead acid batteries, leaves, metal appliances, paper,
plastic bottles (coded No. 1 and No. 2), rechargeable batteries, steel
(tin) cans, textiles, tires and used motor oil.
The Burlington County Department of Solid Waste, its successors
and assigns.
All newspaper, fine paper, bond paper, junk mail, office
paper, magazines, paperback books, school paper, catalogs, computer
paper, telephone books, chipboard, corrugated and other cardboard
and similar cellulosic material whether shredded or whole, but excluding
wax paper, plastic or foil-coated paper, thermal fax paper, carbon
paper, blueprint paper, food contaminated paper, soiled paper and
cardboard.
Any park, including a trailer park or camp, equipped to handle
mobile homes sited on a year-round basis as defined in N.J.S.A. 2A:18-61.7
et seq.
Any building or structure or complex of buildings or structures
in which three or more dwelling units are rented or leased or offered
for rental or lease for residential purposes; whether privately or
publicly financed, except hotels, motels or other guesthouses serving
transient or seasonal guests as those terms are defined under Subsection
(j) of § 3 of the Hotel and Multiple Dwelling Law, P.L.
1967, c. 76 (N.J.S.A. 55:13A-1 et seq.), and N.J.S.A. 40:66-1.2 et
seq.
Residential, commercial and institutional solid waste generated
within a community.
The Township of Lumberton located within the County of Burlington,
State of New Jersey.
All newspaper, fine paper, bond paper, junk mail, office
paper, magazines, paperback books, school paper, catalogs, computer
paper, telephone books and similar cellulosic material whether shredded
or whole, but excluding tissue and towel paper, wax paper, plastic
or foil-coated paper, thermal fax paper, carbon paper, NCR paper,
blueprint paper, food contaminated or soiled paper.
Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, other governmental
agency of any other entity or any group of such persons, which is
recognized by law as the subject of rights and duties.
A residential condominium, cooperative or fee simple community
or horizontal property regime, the residents of which do not receive
any tax abatement or tax exemption related to its construction comprised
of a community trust or other trust device, condominium association,
homeowners association or council of co-owners, wherein the cost of
maintaining roads and streets and providing essential services is
paid for by a not-for-profit entity consisting exclusively of unit
owners within the community. No apartment building or garden apartment
complex owned by an individual or entity that receives monthly rental
payments from tenants who occupy the premises shall be considered
a qualified private community. No proprietary campground facility,
as defined in § 1 of P.L. 1993, c. 258 (N.J.S.A. 45:22A-49),
shall be considered to be a qualified private community.
Materials that would otherwise become solid waste that can
be separated, collected and/or processed and returned to the economic
mainstream in the form of raw materials or products.
Any process by which materials, which would otherwise become
solid waste, are collected, separated or processed and returned to
the economic mainstream in the form of raw materials or products.
Any person residing within the municipality on a temporary
or permanent basis, but excluding persons residing in hotels or motels.
Garbage, refuse and other discarded materials, as defined
in N.J.S.A. 13:1E-1 et seq. and 48:13A-1 et seq.
Recyclable materials separated from the solid waste stream
at the point of generation.
The New Jersey Solid Waste Management Act,[1] as amended.
[1]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
D.
Design standards.
(1)
Design standards for common area recycling storage locations:
(a)
In accordance with the municipal Recycling Ordinance Chapter 227, every multifamily, qualified private community and mobile home park within the Township of Lumberton shall be required to provide, for the use of its residents, centralized and common locations on its property for the storage, prior to collection, of source-separated recyclables generated by the residents of the property.
(b)
Each common area recycling storage location shall, at a minimum,
conform to the following standards:
[1]
The dimensions of the recycling storage location
shall be sufficient to accommodate recycling containers which are
of size and number as required by the DSW and which are consistent
with current methods of collection utilized by the Burlington County
Regional Program or the private collection company being utilized.
The following tables indicate the minimum container capacity requirements
for weekly recycling service and common container dimensions.
|
Minimum Container Capacity Requirements for Weekly Recycling
Service
| |||
|---|---|---|---|
|
Dual Stream Collection
|
Fiber
(paper and cardboard)
|
Commingled
(bottles and cans)
| |
|
Non-age-restricted complex
|
One cubic yard of capacity for every 15 dwelling units
|
0.47 cubic yard (96 gallons) of capacity for every 18 dwelling
units
| |
|
Age-restricted complex
|
One cubic yard of capacity for every 20 dwelling units
|
0.47 cubic yard (96 gallons) of capacity for every 24 dwelling
units
| |
|
Single stream collection
|
Fiber and Commingled
|
—
| |
|
Non-age-restricted complex
|
2 cubic yards of capacity for every 20 units
|
—
| |
|
Age-restricted complex
|
1.4 cubic yards of capacity for every 20 units
|
—
| |
|
Common Container Dimensions
| ||||
|---|---|---|---|---|
|
Size
(cubic yards)
|
Length
(inches)
|
Width
(inches)
|
Height
(inches)
| |
|
1
|
72
|
24
|
29
| |
|
2
|
72
|
34
|
45 (rear)/34 (front)
| |
|
3
|
72
|
43
|
48 (rear)/40 (front)
| |
|
4
|
72
|
51
|
56 (rear)/46 (front)
| |
|
6
|
80
|
66
|
71 (rear)/47 (front)
| |
|
8
|
80
|
71
|
86 (rear)/53 (front)
| |
[2]
Unless expressly prohibited by a municipality,
or not feasible due to existing site constraints, recycling containers
for all Class A designated recyclables shall be co-located at all
solid waste collection areas within the complex.
[3]
The recycling storage locations shall be conveniently
located for the residential disposition of source-separated recyclable
materials, preferably co-located, but clearly separated from, refuse
containers.
[4]
Outdoor recycling storage locations shall include
a concrete pad of the size as specified herein. The dimensions of
the recycling storage location shall provide sufficient area for the
required container(s).[2]
[2]
Editor's Note: The Common Area Recycling Storage Location (Dual Stream) Detail is included as an attachment to this chapter.
[5]
The recycling storage locations shall be well lit
and shall be safely and easily accessible by recycling personnel and
vehicles. Collection vehicles shall be able to access the recycling
areas without interference from parked cars or other obstacles. The
following turning template can be used to plan vehicular accessibility
to recycling storage locations:
|
COLLECTION VEHICLE APPROACH DETAIL
 |
[6]
Reasonable measures shall be taken to protect the
recycling areas and the bins or containers placed therein against
theft of recyclable materials or the bins or containers themselves.
[7]
Signs as approved by the DSW clearly identifying
the recycling areas and the materials accepted therein shall be posted
adjacent to all points of access to the recycling areas.
[8]
Each recycling area shall be enclosed on three
sides by a solid fence or masonry enclosure six feet in height and
shall be surrounded by landscaping. A durable closable access gate
on the fourth side should be provided.
(2)
Recycling container storage design standards; new residential
construction. In order to facilitate recycling in all new construction,
and to avoid the creation of unhealthful or cramped storage situations,
sufficient storage shall be available for recycling containers within
all new construction of residential housing.
(a)
Recycling storage locations. Curbside recycling container storage
locations shall not include basements that require the negotiation
of stairs, or any location either above or below finished grade. Locations
shall be on a hard-wearing, smooth continuous surface with access
to a path with a width no less than three feet and headroom of not
less than seven feet.
(b)
Single-family and two-family dwellings. Each residential dwelling
unit shall be designed to provide a curbside recycling storage container
storage location containing at a minimum dimensions (l x w x h) of
no less than 36 inches by 32 inches by 84 inches per unit. The location
shall be clearly marked as such on floor plans of the dwelling unit
if to be located inside the dwelling unit. If to be located outside
the dwelling unit, adequate storage space for the container shall
be identified on the property survey. This shall be done at the time
of subdivision approval, if applicable, or at the time of zoning or
building permit application.
(c)
Multifamily and condominium complex dwellings. Curbside recycling
container storage locations shall be provided for each multifamily
and condominium complex dwelling where common area recycling storage
locations are not otherwise provided. Each multifamily and condominium
complex dwelling unit shall be designed to provide a curbside recycling
container storage location containing at a minimum dimensions (l x
w x h) of no less than 36 inches by 32 inches by 84 inches per unit.
The location shall be clearly marked as such on floor plans of the
dwelling unit if to be located inside the dwelling unit. If to be
located outside the dwelling unit, adequate storage space for the
container shall be identified on the site plans or subdivision plans.
E.
Construction. The terms and provisions of this section are to be
liberally construed, so as best to achieve and to effectuate the goals
and purposes hereof. This section shall be construed in pari materi
with the SWMA and the County Plan.
[Amended 8-3-1992 by Ord. No. 1992-6]
A.
In the review of site plans and subdivisions, the
approving authority shall consider the methods proposed for the handling
of solid waste and recyclable materials. At a minimum, single-family
developments consisting of 50 or more units, multifamily residential
developments consisting of 25 or more units and all nonresidential
developments calling for the utilization of 1,000 or more square feet
of land shall make provision for the collection, disposition and recycling
of recyclable materials, and the method of providing for such collection,
disposition and recycling shall be indicated in the submissions for
site plan or subdivision approval.
[Added 7-17-1995 by Ord. No. 1995-10]
A.
No building permit shall hereafter be issued for any
detached single-family dwelling to be erected in a major residential
subdivision if the dwelling is substantially alike in exterior design
and appearance with any neighboring dwelling. The term "neighboring
dwelling" shall be defined as a dwelling situated on the same side
of the street, within two lots (including detention basin/open space
lots). Said "neighboring dwelling" may be one already in existence
or one for which a building permit has been issued or is pending.
This restriction shall not apply where the front elevations are not
visible from any one point or if it is substantially like the one
building most directly opposite its front orientation. On a cul-de-sac,
lots which have any portion of their lot frontage on the arc of the
turnaround shall be considered to be on the same side of the street
for the purposes of this section. Houses shall be considered dissimilar
in exterior design and appearance if they possess at least three of
the following six characteristics:
(1)
A difference in the height of the main roof
ridge above the elevation of the first floor.
(2)
Differences in roof appurtenances (e.g., dormers,
gables, pigeon stoops and cupolas).
(3)
Differences in front facade siding materials
(e.g., masonry vs. synthetic siding).
(4)
Reverse elevation design.
(5)
Differences in the relative location of windows
in the front elevation or in each of both side elevations with respect
to each other and with respect to any door, chimney, porch or attached
garage in the same elevation.
(6)
Differences in the relative location of porch
or garage elements of the front facade or other relief or variation
in the front facade (e.g., jogs, bays).
B.
In addition to the requirements specified above, there
shall be no fewer than three separate basic house designs in every
residential subdivision consisting of eight or more lots; no fewer
than four basic house designs where there are 15 or more lots; and
no fewer than five basic house designs where there are 25 or more
lots.
C.
To ensure conformity with the provisions of this section,
no building permit shall hereafter be issued for more than one dwelling
in any housing development, except as provided herein, until an engineer's
survey or architect's drawing of the entire tract, or part to be developed,
has been submitted to the Zoning Officer, showing thereon or on a
schedule attached thereto the model number, type and design of each
house. The survey or drawing shall show the dimensions of each house
in sufficient detail to allow a determination to be made as to its
similarity or lack thereof with other houses proposed for the development.
In order to provide market flexibility, it shall not be necessary
to select specific house designs for each lot at the outset, but in
the alternative, these decisions can be made as requests for building
permits are submitted. The developer shall have the responsibility
to provide the Zoning Officer with sufficient information at any stage
in the development process to assure that the provisions of this section
are addressed throughout the development.
[Amended 8-3-1992 by Ord. No. 1992-6]
If a central sewage treatment and collection system is accessible, the developer shall connect to the system. Sanitary sewers and appurtenances shall comply with the requirements of the Mount Holly Sewerage Authority. If on-site systems are proposed, the required data in § 130-20C(17) shall be submitted.
A.
All storage areas, trash facilities, pits, lifts and
working area shall be within a building. All lubrication, repair or
similar activities shall be performed in an enclosed building, and
no dismantled parts, junk vehicles or unregistered vehicles shall
be placed outside.
B.
Ingress and egress shall be designed to recognize
the turning movements generated. 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 300 feet of any school, playground, church, hospital,
public building or residential zoning district line, except where
such property is on another street which the lot in question does
not abut.
[Amended 8-3-1992 by Ord. No. 1992-6]
C.
All gasoline pumps, air pumps and the islands upon
which pumps are normally located shall be set back from any property
line and the street right-of-way line at least 50 feet. A minimum
space of 20 feet shall exist between any two islands and between any
island and the service station building.
D.
No more than 12 motor vehicles may be located outside
a service station building for a period not to exceed five days, provided
that the owners are awaiting the repair of said motor vehicles.
E.
The exterior display and parking of equipment for
rent or sale shall be permitted, provided that the area devoted to
this purpose is in addition to the minimum lot size required for a
service station, the area devoted to this purpose does not exceed
20% of the total area of the service station site, the maximum sign
area for a service station is not exceeded and the location of the
equipment being rented or sold does not interfere with the required
off-street parking requirements for the service station and does not
interfere with the on-lot traffic circulation indicated on the approved
site plan.
[Amended 4-17-1989 by Ord. No. 1986-6; 8-3-1992 by Ord. No.
1992-6]
A.
All planted trees shall have a minimum diameter of 2.5 inches measured six inches above the ground and be of a species approved by the approving authority. Trees shall be planted no more than 50 feet apart in a planting easement along all new streets and located a minimum of 10 feet behind the street line but no more than 1/2 of the required front yard setback for the principal building. They shall be balled and burlapped, nursery-grown, free from insects and disease and true to species and variety. Stripping trees or filling around trees in the yard portion of a lot shall not be permitted unless it can be shown that grading requirements or thinning necessitate removal of trees, in which case those lots shall be replanted to reestablish the tone of the area and to conform with adjacent lots. Planted trees that do not live shall be replaced by the developer during the next planting season. Parking lots shall be planted as required in Off-street parking and loading, § 130-44.
B.
In placing "street trees" or "shade trees," the following
trees are permitted for use within the Township of Lumberton, and
variation from this list is subject to the approval of the Land Development
Board at the time of site plan approval:
[Added 11-15-1999 by Ord. No. 1999-20; amended 10-16-2000 by Ord. No. 2000-21; 1-20-2004 by Ord. No.
2004-1]
|
Botanical Name
|
Common Name
| |
|---|---|---|
|
Acer rubrum
|
Red maple (October Glory or Red Sunset variety
only)
| |
|
Acer saccharum
|
Sugar maple (Green Mountain variety preferred)
| |
|
Carpinus betulus "fastigiata"
|
European hornbeam
| |
|
Celtis x occidentalis "magnifica"
|
Magnifica hackberry
| |
|
Fraxinus americana
|
White ash (seedless variety only)
| |
|
Fraxinus pennsylvanica
|
Green ash (Cimmaron and Patmore variety only)
| |
|
Ginkgo biloba
|
Ginkgo (male only)
| |
|
Koelreuteria paniculata
|
Goldenrain tree
| |
|
Maakia amurensis "Starburst"
|
"Starburst" Amur Maackia
| |
|
Quercus acutissima
|
Sawtooth oak
| |
|
Quescus bicolor
|
Swamp white oak
| |
|
Quercus macrocarpa
|
Bur oak
| |
|
Quercus phellos
|
Willow oak
| |
|
Zelkova serrata
|
Zelkova (Village Green variety only)
|
C.
No tree shall be planted which does not conform or
be among the shade trees set forth above. The shade tree easement
shall restrict rights of any property owner to remove a shade tree
from the planting easement without the approval of the Planning Board.
All shade trees shall be installed prior to the issuance of a certificate
of occupancy, unless provided for by a performance guaranty with notification
to the purchaser of any lot burdened by the easement that shade trees
will be installed subsequent to their purchase, indefinites the species
being installed and sets forth the restrictions on removal set forth
within the easement. A signed copy of the notification executed by
the purchaser of the lot shall be filed with the Construction Official's
office prior to a certificate of occupancy issuing.
[Added 10-16-2000 by Ord. No. 2000-21]
[Amended 9-5-1995 by Ord. No. 1995-19; 12-6-1999 by Ord. No.
1999-24]
Sidewalks, also known as "pedestrian ways" throughout
this section, shall be installed as determined by the approving authority
in the interest of public safety and proper pedestrian circulation
and in accordance with the aforementioned Bikeway and Pedestrian Circulation
Plan amendments to the Municipal Master Plan.[1] The construction of sidewalks/pedestrian ways shall be
based upon the following criteria:
A.
Sidewalks are typically designed for pedestrian speed
and maneuverability and are not safe for higher speed bicycle use.
Conflicts are common between pedestrians traveling at low speeds and
bicycles. Sidewalks shall be required in areas that link high-density
residential areas with schools, public areas and employment centers.
The criteria established for providing sidewalks is as follows:
(1)
Residential density exceeds 1.5 dwelling units per
acre, and:
(a)
The development or project is within 2,500 feet
of a public or school bus route;
(b)
The development or project is located within
2,500 feet of an existing or proposed recreational, residential, business
or retail use or a site where such use is permitted by existing or
proposed zoning; or
(c)
The development or project has proposed streets
which connect to or extend existing streets with sidewalks on both
sides.
(2)
Residential density exceeds 0.5 dwelling units per
acre and the development is located within two miles of a school.
B.
Sidewalks shall be at least four feet wide and may be constructed of concrete, brick or bituminous material. Concrete sidewalks shall be Class C concrete having a twenty-eight-day compressive strength of 4,000 pounds per square inch, shall be air-entrained and shall be four inches thick except at points of vehicular crossing where they shall be at least six inches thick. Sidewalks crossing driveways shall be reinforced at the midpoint or 1/3 joints with welded wire fabric (66-1212) or equivalent. If constructed of macadam, sidewalks shall adhere to the bikeway standards. Sidewalks of other approved material shall be constructed as approved by the approving authority upon the advice of the Municipal Engineer. Where sidewalks cross curbs, curb ramps shall be provided as outlined in § 130-28 of this Code. Performed joint material shall be placed on concrete sidewalks at no more than twenty-foot intervals and where sidewalks abut curbing or a structure.
C.
In the event that it is determined, in the Board's
discretion, that the installation of a sidewalk is inappropriate for
a particular development, the developer shall be required to contribute
to a Sidewalk Fund in the Township of Lumberton. The Sidewalk Fund
shall be created for the installation and maintenance of sidewalks
elsewhere throughout the Township. It shall be comprised of contributions
to be made by developers and based on an amount equal to the approximate
construction cost of said sidewalks, to be determined by the Township
Engineer.
[Amended 1-18-2000 by Ord. No. 2000-3]
Sight triangles shall be based upon the designated
speed limit of the intersecting streets. Where any intersection involves
earth banks or vegetation, including trees, the developer shall trim
or selectively thin trees and grade to provide the sight triangle.
Where berms are required to be constructed as part of a subdivision
approval, said berms shall be constructed in a fashion so as to not
interfere with the sight triangles established herein.
A.
Streets with a designated speed limit of 20 miles
per hour at 210 feet.
B.
Streets with a designated speed limit of 30 miles
per hour at 310 feet.
C.
Streets with a designated speed limit of 40 miles
per hour at 415 feet.
D.
Streets with a designated speed limit of 50 miles
per hour at 515 feet.
E.
Streets with a designated speed limit between those
indicated above shall be interpolated between the above standards.
A.
No person shall erect, alter or relocate any sign
without a sign permit, unless exempted under the following provisions.
Normal maintenance and the removal of a sign shall not require a permit.
B.
General regulations shall be as follows:
(1)
Animated, flashing and illusionary signs. Signs using
mechanical and/or electrical devices to revolve, flash, change intensity
of illumination or display movement or the illusion of movement are
prohibited.
(2)
Attached signs. Signs shall be parallel to the wall.
The face of the sign shall be no more than 15 inches from the surface
of the wall.
(3)
Height. The uppermost part of an attached sign shall
not exceed the base of the second floor windowsill or the base of
the roof or 18 feet, whichever is lower. The lowest portion of any
sign which projects above a driveway or walkway shall be at least
14 feet or nine feet, respectively. Signs shall not be mounted on
a roof. Freestanding signs shall not exceed a height of 30 feet.
[Amended 5-17-1993 by Ord. No. 1993-9]
(4)
Illuminated signs. All lighted signs shall have the
light source shielded from adjoining or nearby lots, streets and interior
drives and shall have translucent fixtures.
(5)
Location. Freestanding signs shall be no closer to
a side lot line than the minimum side yard for the principal building,
but in any event no closer to a street right-of-way or property line
than 10 feet, and not located in any sight triangle.
(6)
Sign area and dimension. "Sign area" shall include
all lettering, wording, coloring and accompanying designs and symbols,
together with the background, whether open or closed, but not including
the supporting framework and bracing incidental to the display itself.
All internally illuminated panels or translucent fixtures, whether
or not they contain lettering, wording, designs or symbols, shall
be considered to be a part of sign area.
[Amended 5-17-1993 by Ord. No. 1993-9]
(7)
Exemptions from sign permits. Street number designations,
highway signs, postal boxes, family names on residences, on-site traffic
directional and parking signs, signs posting property as "private
property," "no hunting," "danger," "warning" or for similar purposes
are permitted but are exempt from other sign area limits as set forth
in this chapter, so long as said signs do not exceed two square feet
each.
[Amended 5-17-1993 by Ord No. 1993-9]
(8)
Temporary signs.
(a)
Construction signs, nonresidential. No more
than one sign naming the project under construction and the participating
firms and individuals is permitted on the construction site, beginning
with the issuance of a building permit and terminating with the issuance
of a certificate of occupancy or the expiration of the building permit,
whichever comes first. Such signs shall not exceed an area of 32 square
feet.
(b)
Construction sign, residential. Not more than
two temporary ground signs for an approved residential development
shall be permitted, provided that each sign does not exceed 12 square
feet, shall be no closer than 15 feet to any street or side lot line
and shall be removed within 30 days after all the lots or units have
been sold.
(c)
Real estate signs. Real estate signs shall be
set back at least 10 feet from the edge of the street paving and 10
feet from all property lines and shall not exceed four square feet
on each side. Signs shall be removed at the expense of the advertiser
within 15 days after the termination or completion of the matter being
advertised. They do not require a permit. No more than one sign shall
be permitted along each street. Real estate signs shall be permitted
only on the lot which the sign is advertising.
(d)
Political signs.
[1]
Political signs shall not exceed 16 square feet
in area. There shall be no more than one sign per lot, and the sign
shall have the consent of the owner of the lot. No such sign shall
be erected more than 45 days prior to the election and shall be removed
within 14 days following such election.
[2]
If a sign is located within a public right-of-way
and has not been registered with the Township Clerk/Administrator
as to the person responsible for the removal of the sign or does not
carry the identification of the person responsible for the removal
of the sign, the Zoning Officer shall be empowered to remove such
sign at anytime.
(e)
Mechanics and artisans. Each mechanic and artisan
is permitted to erect one sign during the period when the mechanic
or artisan is actively performing work on the lands or premises where
the sign is placed. The sign shall have a maximum area of six square
feet, and it shall not be placed in such a way that it interferes
with visibility for motorists exiting the premises. Such a sign shall
not require a permit.
[Added 5-17-1993 by Ord. No. 1993-9]
(f)
Yard sale signs. Signs advertising the holding
of a yard sale are permitted, provided they contain the date of and
location for the yard sale, are posted on the day before the yard
sale, and are removed by the property owner holding the yard sale
the day after the yard sale, and are no more than two square feet
in size. Yard sale signs may not be placed on other signs, such as
traffic directional signs, or public utility poles, such as light
standards or telephone poles. The provisions of this section shall
be enforceable by the Code Enforcement Official and Zoning Officer.
[Added 7-6-2004 by Ord. No. 2004-24]
(9)
Public and quasi-public uses. One wall or ground sign
not exceeding 12 square feet may be located on the premises of places
of worship, school buildings, libraries, parish houses, government
buildings and public recreational and community center buildings and
grounds. No fee shall be required in connection with the permit for
such a sign.
[Amended 8-3-1992 by Ord No. 1992-6]
(10)
Service stations. Service stations may display
the following special signs:
[Amended 5-17-1993 by Ord. No. 1993-9]
(a)
One freestanding sign advertising the name of
the station, including the company or brand name, insignia or emblem,
provided that such sign shall not exceed 50 square feet on a side
and shall be at least 15 feet from the property line. Said sign shall
not exceed the height requirements established herein for freestanding
signs. One freestanding sign shall be permitted for each street frontage.
The freestanding sign may have a supplementary price sign, provided
that it is mounted on the same support structure as the freestanding
sign, that the price sign does not exceed 25 feet in sign area and
that the lowest part of the price sign is at least eight feet above
grade.
(b)
Incidental signs advertising services, trade
information, credit cards, prices and information other than product
advertising are permitted, provided that no one sign exceeds 10 square
feet, there is no more than one such sign per street frontage and
all are set back at least 20 feet from the curbline.
(c)
In addition to the freestanding sign permitted
herein, gasoline stations which have a canopy over the pump islands
shall be permitted one sign on the canopy, with the area of the sign
limited to no more than 10% of the longest facade of the canopy.
(11)
Prohibited signs shall be as follows:
(a)
Illuminated tubing, neon lights, barebulb external
sign illumination and strings of lights.
[Amended 5-17-1993 by Ord. No. 1993-9]
(b)
Banner-type signs, except in celebration of
public events and erected with approval of the governing body.
(c)
Billboards.
(d)
Mobile signs, including signs which are not
permanently attached to a building, or not placed in the ground in
such a fashion as to be permanent in a manner conforming to the Uniform
Construction Code,[1] or signs mounted on wheels, trailers or unregistered motor
vehicles. [Also see Historic/Architectural District exemption.[2]] A registered vehicle which has as its principal purpose
the advertising of a business from as site as opposed to serving as
a delivery or service vehicle for other business purposes shall be
considered a "mobile sign" for the purposes of this section.
[Amended 5-17-1993 by Ord. No. 1993-9]
C.
Signs within each district shall be permitted as follows:
(1)
Residential districts.
(a)
Single-family and two-family houses. One wall
sign not exceeding two square feet advertising or indicating the office
of a permitted home occupation.
(b)
Garden apartment or townhouse complex. One freestanding
sign giving the name of the project, not exceeding 12 square feet,
and a maximum height of four feet, and no closer than 10 feet to any
right-of-way.
(2)
Commercial district.
[Amended 8-3-1992 by Ord. No. 1992-6]
(a)
There shall be no more than two signs per freestanding business. No more than one sign may be an attached or wall sign, and no more than one sign may be freestanding. Their aggregate area shall not exceed the equivalent of 10% of the area of the front of the principal building, including the window and door areas, and such aggregate area shall be calculated by multiplying the length of the front of the building by the lesser of the height of the building or 18 feet. A freestanding sign shall meet the setback requirements of Subsection C(2)(b)[1] below. A freestanding business on a corner lot shall be permitted to apply the standards of this section to each lot frontage.
[Amended 5-17-1993 by Ord. No. 1993-9]
(b)
Individual tenants in shopping centers and other multiple-tenant commercial facilities shall be permitted one attached or wall sign which shall meet the requirements of Subsection C(2)(a) above, and an individual tenant with more than one facade facing a customer parking lot shall be permitted one attached or wall sign per such facade. Shopping centers and other multiple-tenant commercial facilities shall be permitted one freestanding sign per lot frontage advertising the name of the shopping center and meeting the following specifications:
[Amended 5-17-1993 by Ord. No 1993-9]
[1]
Located on the same lot as the shopping center,
but no closer to the intersection of two street lines than 50 feet,
not exceeding 30 feet in height and no closer to the right-of-way
line than 10 feet.
[2]
The sign area shall not exceed 150 square feet
or one square foot for each linear foot of lot frontage abutting the
location of the freestanding sign.
[3]
Individual tenant nameplates on the sign below the principal name of the shopping center are permitted, provided that each nameplate sign is of uniform dimension and lettering, no nameplate is larger than eight square feet in area and the aggregate sign area does not exceed the maximums set forth in Subsection C(2)(b)[2] above.
[4]
No freestanding sign shall be within 100 feet
of any other freestanding sign.
(c)
Within the B-2 District only, commercial establishments
selling new or used automobiles shall be permitted to have streamers
on the site, but shall not be permitted to have banners or pennants.
Streamers shall only be permitted on lots with a minimum of 200 feet
of lot frontage along Route 38.
[Added 5-9-1988 by Ord. No. 1988-9]
(d)
Temporary signs.
[Added 4-18-1994 by Ord. No. 1994-3]
[1]
Any commercial or business establishment located in the B-2 Zoning Districts shall be permitted, in addition to the signs permitted under Subsection C(2)(a) and (b) above, to place one temporary sign advertising an unusual commercial event or promotional sale or event (e.g., grand opening, fire sale, going-out-of-business sale, etc.) in or about the exterior of the premises of the commercial location. Said temporary sign shall not exceed 10% of the area, including windows and doors, of the facade of the building to which the sign is attached, and said sign shall not exceed in length the width of the facade of the building to which it is attached. Said temporary sign or signs shall be attached to the building or placed within a window and shall not extend more than 18 inches from the facade and shall also not extend above the facade and shall also not extend above the roofline of the building. No more than one such sign shall be permitted under any temporary sign permit, which permit shall be secured as set forth below for each such event. Moreover, no more than two such temporary sign permits shall be allowed to be issued in any calendar year at any business location, and at least six months shall elapse between the issuance of permits. Transfer of ownership of the business or property will not affect this limitation. Moreover, said permit shall be valid for no more than 30 days.
[a]
Any person or entity seeking a
temporary sign permit under this subsection shall make application
to the Township Zoning Officer, on a form prescribed by the Township,
which form shall include, among other information, the following:
[i]
Name, address and telephone number
of the applicant and, if the applicant is not the owner of the property,
the written consent of the owner.
[ii]
The name and address of the business,
including block and lot number, where the promotional event is to
take place.
[iii]
A description of the sign for
which permission is sought, including its proposed location on the
building and its relationship to the location of any permanent signs
on the building.
[iv]
The name and address of the contractor
who will be installing said sign.
[v]
The nature of the event to be advertised
on said sign.
[b]
Required fee. Each application
shall be accompanied by a fee of $25, which fee shall be used to defray
administrative costs associated with the review of the permit application.
Each sign for which permission is sought shall require a separate
fee.
[c]
Zoning Officer review. Upon submission
of each application for a temporary sign permit as authorized by this
subsection, the Zoning Officer shall review said application to determine
if the application can be approved without any detriment to the health,
safety and general welfare of the public. In making said determination,
the Zoning Officer shall consider aesthetics, shall consult with the
Traffic Safety Officer of the Lumberton Township Police Department
and shall consider whether the proposed sign interferes with or impedes
any visibility or sight lines or has any negative visual impact.
[d]
Freestanding signs prohibited.
Nothing herein contained shall be construed or interpreted to permit
temporary signs of a freestanding nature. Any and all signs approved
under this subsection must be attached to the window or some other
portion of the facade of the building upon which the sales or promotional
event is to take place.
[2]
Performance bond. Each applicant shall post
with the Township Administrator a cash performance guaranty to insure
compliance with the provisions of this subsection and to insure that
upon the conclusion of the time frame for which the permit is issued,
the sign and/or tent or tent-like structure shall be removed. As to
tents and tent-like structures, the performance guaranty shall be
in the amount of $500. As to signs, the guaranty shall be, on a per-event
basis, $100 for each sign. Said moneys shall be held by the municipality
until the end of the time period for which permission is granted.
In the event that the applicant fails to remove the signs within 12
hours of the end of the last calendar day of the time frame for which
the permit was issued, all performance guaranties shall be forfeited.
[3]
Fines and penalties. In addition to the forfeiture provisions of Subsection C(2)(d)[2] above, any person, partnership, corporation or other legal entity found to have violated the provisions of this Subsection C(2)(d), or any article, section or paragraph hereof, shall be liable, at the discretion of the Municipal Magistrate, for a fine not to exceed $1,000 per occurrence or 90 days of community service or 90 days' incarceration, or some combination thereof.
(3)
Industrial districts.
(a)
Not more than one freestanding sign advertising
the name, product(s) and logo of an industry shall be allowed for
each street frontage and meeting the following requirements:
[1]
Located on the same lot as the industrial use,
but no closer than 30 feet to the right-of-way of any street and no
closer to the intersection of two street lines than 50 feet and of
a height not exceeding 10 feet.
[2]
An area not exceeding zero and 0.5 square foot
for each linear foot of front yard setback of the principal building,
but not to exceed 200 square feet.
(b)
No more than two attached signs advertising
the name, product(s) and seal of an industry or office will be allowed,
provided that they shall be attached to the main building and limited
to one sign per side, and the area of each sign shall not exceed 200
square feet or 10% of the area of the wall to which it is attached,
whichever is less.
(c)
For cannabis related businesses, signage may contain the name of
the entity only and no signage reflecting a cannabis leaf or leaves
or other symbol will be permitted. The word “cannabis”
may be used, but not “marijuana,” “pot” or
any other common terms for cannabis. No advertising signs shall be
permitted. No display of pricing shall be permitted.
[Added 6-17-2021 by Ord. No. 2021-09]
(4)
Historic/Architectural District. Nonresidential uses within this district shall be permitted one attached sign. The sign area shall not exceed 10 square feet. Freestanding signs shall be permitted for nonresidential uses, and the sign area shall not exceed 12 square feet. The highest point of an attached sign shall not exceed 12 feet above grade. Freestanding signs shall be set back from the street right-of-way a minimum of five feet, and if this setback cannot be accommodated the freestanding sign shall not be permitted. A portable sign, which would be displayed only during business hours but for no more than 12 hours per day, is permitted within this district, provided that it does not exceed six square feet in area, exclusive of the supporting portion of the sign. All signs, whether permanent or temporary, with the exception of real estate signs, mechanics or artisans signs, and those listed under Subsection B(7) as exempt signs, shall require review and approval of the Committee on Historic Architectural Review (§ 130-35) and the Planning Board prior to the issuance of a sign permit.
[Added 5-17-1993 by Ord. No. 1993-9]
D.
If a sign is proposed on a site which otherwise requires
the review and approval of a subdivision, site plan, variance or historical
review by the Land Development Board, no sign permit shall be issued
until the Board has reviewed and approved the sign. The sign permit
procedure for all other cases shall be as follows:
[Amended 5-17-1993 by Ord. No. 1993-9; 1-20-2004 by Ord. No.
2004-1]
(1)
Applications shall be signed by the owner of the premises
and the person responsible for erecting the sign and submitted to
the Zoning Officer 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.
Sign removal. 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 developments shall be designed in accordance
with New Jersey State standards for soil erosion and sediment control.
The applicant shall submit a plan showing the proposed means of controlling
soil erosion and sedimentation for each site or a portion thereof
when developed in stages. The plan shall include, but not necessarily
be limited to, construction staging, control measures and devices,
soil stockpile areas, surface runoff diversions, sediment basins,
temporary and permanent seeding and all else necessary for compliance
with state standards.
Streetlighting standards of a type and number
approved by the approving authority and Municipal Engineer shall be
installed at street intersections and elsewhere if deemed necessary
by the approving authority. The developer shall provide for the installation
of underground service for streetlighting.
A.
All developments shall be served by paved streets.
The approving authority shall classify new streets according to the
Master Plan. All utilities, drains and other facilities located under
the road paving shall be installed prior to the placing of any road
surfacing material. Streets not shown on the Master Plan or Official
Map shall provide for the appropriate extension of existing streets,
conform with the topography as far as practical and allow for continued
extension into adjoining undeveloped tracts.
B.
Residential development bounded by any arterial or
collector street shall control access to said streets by having all
driveways intersect minor streets. Where circumstance(s) may dictate
that a driveway shall enter an arterial or collector street as an
exception, the lot shall provide on-site turnaround facilities, and
abutting lots may be required to share one curb cut. All lots with
reverse frontage shall have a thirty-foot buffer provided in addition
to all other lot size requirements of this chapter. Said buffer area
shall consist of a berm which shall be a minimum of four feet in height
at its highest point. The bermed buffer area shall be planted with
nursery-grown evergreens to provide an effective screen. Additional
tree plantings may be provided to improve the appearance of the bermed
buffer. The buffer area shall be stabilized with appropriate ground
cover which, if mowable, shall have a maximum slope of three feet
horizontal to one foot vertical. All plantings shall be according
to a landscaping plan and the buffer and shade tree sections of this
Article.
[Amended 8-3-1992 by Ord. No. 1992-6]
C.
Rights-of-way.
(1)
Street rights-of-way shall be measured from lot line
to lot line. The continuation of an existing street shall be at the
same pavement and right-of-way width as the existing street, unless
a greater width may be required in accordance with the following schedule,
in which case the street pavement or right-of-way shall be widened
to comply therewith. Any contiguous street along a property boundary
upon which the subdivision or site (the development) abuts, which
does not comply with the pavement or right-of-way widths shown in
the following schedule, shall be widened to comply therewith on the
development side of the existing right-of-way center line. If the
development is on both sides of such street, then both sides of the
street shall be widened to comply therewith. Where arterial or collector
streets intersect another arterial or collector street, the right-of-way
and pavement widths shall be increased by 10 feet on the right side
of the street approaching the intersection for a distance of 300 feet
from the intersection of the center lines. Where widening is to occur,
the roadway shall be reconstructed from the center line of the existing
right-of-way.
[Amended 9-5-1995 by Ord. No. 1995-19]
|
Schedule of Required Widths
| |||
|---|---|---|---|
|
Type
|
Right-of-Way
(feet)
|
Paving Width
(feet)
| |
|
Major collector
|
66
|
36
| |
|
Minor collector
|
60
|
34
| |
|
Local streets
|
50
|
28*
| |
|
*NOTE: In those developments which have lots
smaller than zero and five-tenths (0.5) acres, pavement width shall
be a minimum of 34 feet.
|
(2)
Before allowing reduced widths for local streets,
extreme care is to be taken to assure adequate, accessible and attractive
off-street parking. Within each right-of-way, paving widths may vary
depending on the number of units served, whether a street is curbed,
whether on-street parking is permitted and whether the interior streets
serve lots of three acres or larger. The options for paving widths
shall be as follows and shall be a determination of the approving
authority.
|
Paving Widths
| |||||
|---|---|---|---|---|---|
|
Local Street
|
Right-of-Way
(feet)
|
Two-Side Parking Allowed*
(feet)
|
One-Side Parking Allowed*
(feet)
|
No Curbside Parking Allowed*,**
(feet)
| |
|
All lots are 3 or more acres
|
50
|
22
|
22
|
22
| |
|
Lots average 1 to 3 acres
|
50
|
28
|
24
|
22
| |
|
Lots average 0.5 to 1 acre
|
50
|
30
|
26
|
24
| |
|
Lots average under 0.5 acres
|
50
|
34
|
28
|
24
| |
|
*NOTE: Where not curbed, paving may be two feet
less, provided that compacted stone shoulders of at least two feet
on each side are constructed.
| |
|
**NOTE: Narrower street widths where there is
no curbside parking allowed shall be limited to areas where off-street
parking lots are provided or to areas where there are driveways and/or
garage(s) to each unit and the unit is at least 40 feet back from
the street right-of-way and has a driveway paved at least 18 feet
wide for at least 40 feet in length.
|
D.
No reserve strips shall be approved except where the
control and disposal of land comprising such strips has been given
to the governing body.
E.
Where a development adjoins or includes existing streets
that do not conform to widths shown on the Master Plan, Official Map
or this chapter, additional land along both sides of said street sufficient
to conform to the right-of-way requirements shall be either dedicated
or anticipated in the development design by creating oversized lots
in a subdivision and increased building setbacks on a site plan to
accommodate the future widening. The additional widening may be offered
to the Township and, if offered, shall be expressed on the plat as
follows: "Street right-of-way easement granted to the Township of
Lumberton." If the development is along one side only, 1/2 of the
required extra width shall be anticipated.
F.
Local streets shall be designed to discourage through
traffic. No street shall have a grade less than zero and 0.75%. The
cross section of the cartway from the center line to the curbline
or edge of paving shall not exceed a slope of 2%.
G.
Four-way intersections involving local streets shall
be avoided wherever possible. Intersecting street center lines shall
not be less than 75°. Approaches to all intersections shall follow
a straight line for at least 100 feet measured along the curb. No
more than two street center lines shall meet or intersect at any one
point. Collector and/or arterial streets intersecting from opposite
sides of a street shall either be directly opposite each other or
be offset at least 250 feet between center lines. Any development
abutting an existing arterial or collector street shall have no more
than one new street every 800 feet on the same side of the street.
Intersections shall be rounded at the curbline with a curbline radius
based on the street with the largest radius: arterial streets at 40
feet; collector streets at 30 feet; and local streets at 20 feet.
I.
A tangent between reverse curves on arterial and collector
streets shall be at least 200 feet. Street curves shall have a radius
conforming to standard engineering practice but also providing a minimum
sight distance within the curbline of 160 feet for a local street,
300 feet for a collector street and 550 feet for an arterial street.
J.
Guardrails may be required by the approving authority
at drainage structures, streams, embankment limits and curves. Timber
or weathering steel guardrail is preferred and shall meet New Jersey
Department of Transportation standards. Alternate designs may be used
if submitted and approved as part of the application.
[Amended 9-5-1995 by Ord. No. 1995-19]
K.
Dead-end (cul-de-sac) streets and accessibility.
[Amended 8-3-1992 by Ord. No. 1992-6]
(1)
Dead-end streets of a permanent nature shall provide
a turnaround at the end with a right-of-way radius of not less than
50 feet and a curbline radius of not less than 40 feet. The turnaround
area shall be curbed. The center point for the radius shall be on
the center line of the associated street or, if offset, to a point
where the traveled way is tangent to the paved portion of the approaching
street. Where an island is proposed in the center of a cul-de-sac,
the travel lane around the island shall be at least 20 feet wide.
(2)
If a dead-end street is temporary, a turnaround area
as outlined above is optional. If constructed, provisions shall be
made for removal of the turnaround and reversion of the excess right-of-way
to the adjoining properties as an off-tract responsibility of the
developer creating the street extension when the street is extended.
(3)
A dead-end street shall serve no more than 14 lots
or dwelling units and shall not exceed 1,000 feet in length.
(4)
Developments with a single means of access shall have
no more than 14 lots. All developments containing more than 14 lots
shall provide at least two means of access from public streets. To
the extent practical, all developments of less than 14 lots shall
provide at least two means of access from public streets, and in the
absence of such access, efforts shall be made to provide for emergency
access subject to the approval of the Fire Subcode Official.
(5)
As set forth in § 130-58A of this chapter, there shall be an allowance for the extension of streets into adjoining undeveloped tracts. Where a development is proposed on a tract which adjoins streets which have been shown for such extension, said streets shall be interconnected with the proposed development to assure adequate traffic circulation and the provision of emergency services.
L.
No street shall have a name which duplicates or nearly
duplicates in spelling or phonetic sound the name of existing streets
so as to be confused therewith. The continuation of an existing street
shall have the same name. The names of new streets shall be approved
by the approving authority.
M.
Streets shall be constructed in accordance with the
following standards and specifications. Roadways, including subgrade,
subbase, base courses and pavements, shall be constructed in accordance
with New Jersey Department of Transportation Standard Specifications,
as modified herein. All subsurface utilities, including service connections
to each lot (terminating at least two feet behind any sidewalk) and
all storm drains, shall be installed prior to the construction of
final pavement surfaces.
[Amended 10-2-1995 by Ord. No. 1995-21]
(1)
Collector streets, both major and minor, shall have
a subbase of six-inch-thick soil aggregate, Mix I-5; a base course
of six-inch bituminous stabilized base, Mix No. I-2, and a surface
course of two-inch-thick FABC-1, Mix No. I-5.
(2)
Local minor streets shall have a subbase of six-inch-thick
soil aggregate, Mix I-5; a base course of five-inch-thick bituminous
stabilized base, Mix No. I-2; and a surface course of two-inch-thick
Mix No. 1-5.
(3)
When approved by the Township Engineer, the thicknesses
of base course and subbase may be reduced if justified by California
Bearing Ratio laboratory test data or other suitable design data.
N.
Recycled materials may be used in the base and subbase
courses only if specifically permitted by the Township Engineer. No
recycled materials will be permitted in the surface course of pavements.
[Added 10-2-1995 by Ord. No. 1995-21]
[Amended 10-2-1995 by Ord. No. 1995-21]
Street signs shall be of a type, design and
material equivalent to existing signs and conforming to the New Jersey
Department of Transportation Standard Specifications for Road and
Bridge Construction; the Uniform Construction Code, State of New Jersey;
and the Manual on Uniform Traffic Control Devices; and shall be approved
by the approving authority on the advice of the Municipal Engineer.
There shall be at least two street signs furnished at each four-way
intersection and one street sign at each T-intersection. All signs
shall be installed free of visual obstruction.
[Amended 8-3-1992 by Ord. No. 1992-6; 4-3-1995 by Ord. No.
1995-4; 4-3-2007 by Ord. No. 2007-5]
A.
Residential pools shall be installed only on lots
containing a residence.
B.
Swimming pool location, Historical/Architectural (H/A)
and R-75 Districts.
(1)
The swimming pool shall be set back from a side or
rear property line a minimum of five feet.
(2)
The swimming pool apron, or in the case of an aboveground
pool, the outer edge of an elevated walkway, shall be set back a minimum
of three feet from a side or rear property line.
(3)
Swimming pools shall only be located in a side or
rear yard.
C.
Swimming pool location, other districts.
(1)
The swimming pool shall be set back from a side or
rear property line a minimum of 10 feet for lots which are less than
one acre in size and a minimum of 15 feet for lots which are one acre
or larger in size.
(2)
The swimming pool apron, or in the case of an aboveground
pool, the outer edge of an elevated walkway, shall be set back a minimum
of five feet from a side or rear property line.
(3)
Swimming pools shall only be located in a side or
rear yard except for corner lots. On corner lots, pools may be located
in a front yard that does not contain the main entrance to the residence.
In this instance, the pool fencing, as required herein, may be located
up to half the distance between the face of the residence and the
streetline. The pool shall be set inside the pool fencing at least
four feet from the interior side of such fencing.
D.
Required pool setbacks shall be measured from the
nearest inside wall of the pool.
E.
Swimming pool coverage. The water surface area of
a swimming pool shall occupy no more than 20% of the rear yard area
and in the case of a corner lot or reverse frontage lot, no more than
20% of the required rear yard for the zoning district.
[Added 6-21-1999 by Ord. No. 1999-11; amended 11-15-1999 by Ord. No. 1999-21]
A.
Subject to the conditions set forth in this section,
and to plan approval, new telecommunications towers and antennas shall
be permitted as conditional uses in all nonresidential zoning districts
within the Township of Lumberton and upon the proposed new Municipal
Complex located on Municipal Drive. Telecommunications towers and
antennas shall not be permitted in the RA Rural Agricultural District;
RA/STDR Sending Area District; RA/R-1 TDR Receiving Area District;
RA/R-2 TDR Receiving Area District; RA/R3 TDR Receiving Area District;
RA/R4 TDR Receiving Area District; RA/R5 TDR Receiving Area District;
RA/ST TDR Transition Area District; R-1.0 Residential Low-Density
District; R-2.0 Residential Medium-Density District, with the exception
of Block 19, Lot 2.01, upon which said use shall be permitted as a
conditional use; R-6 Residential Townhouse District; R-75 Residential
District; and H/A Historic/Architectural Area District.
B.
Preexisting towers and antennas. Wireless telecommunications
towers that existed on the date of the adoption of this section (nonconforming
wireless telecommunications towers) are subject to the following provisions:
(1)
Nonconforming wireless telecommunications towers
may continue in use for the purpose now used, but may not be expanded
without complying with this section.
(2)
Nonconforming wireless telecommunications towers
which are partially damaged or destroyed due to any reason or cause
may be repaired and restored to their former use, location and physical
dimensions subject to obtaining a building permit therefor, but without
otherwise complying with this section. However, should the destruction
or damage be determined by the Lumberton Land Development Board to
be of such an extent that it is beyond the scope and intent of the
"partial destruction" clause of N.J.S.A. 40:55D-68, then repair or
restoration will require compliance with this section.
[Amended 1-20-2004 by Ord. No. 2004-1]
(3)
The owner of any nonconforming wireless telecommunications
tower may repair, rebuild and/or upgrade (but not expand such telecommunications
tower or increase its height or reduce the setbacks) in order to improve
the structural integrity of the facility, to allow the facility to
accommodate collocated antennas or facilities or to upgrade the facilities
to current engineering, technological or communications standards,
without having to conform to the provisions of this section.
C.
General requirements for towers and antennas.
(1)
Locational priority. If needed in accordance
with an overall comprehensive plan for the provision of full wireless
telecommunications services within the Lumberton Township area, wireless
telecommunications towers, where permitted as a conditional use, shall
be located in accordance with the following prioritized locations:
(a)
Existing towers. The first priority location
shall be collocation on existing telecommunications towers used for
transmitting or receiving analog, digital, microwave, cellular, telephone,
personal wireless service or similar forms of an electronic communication,
provided, however, that locations which meet this criteria shall be
subject to the design and siting components of this Ordinance, and
collocation sites shall not become "antenna farms" or otherwise be
deemed by the land use board to be visually obtrusive;
(b)
Publicly used structures. The second priority
location shall be on land or structures owned, in order of specific
preference: (1) the Township of Lumberton; (2) the Board of Education
of the Township of Lumberton; (3) the County of Burlington; (4) the
State of New Jersey; (5) any other state, county or local governmental
agencies or bodies. These publicly used structures are preferred locations
throughout the Township because they appear in many zoning districts,
are disbursed throughout the Township and, due to their institutional
or infrastructure uses, are generally similar in appearance to, or
readily adaptable for, telecommunications facilities. Therefore, telecommunications
facilities should be less noticeable when placed on publicly used
structures than when placed on a commercial or residential structure.
Publicly used structures include, but are not limited to, facilities
such as municipal buildings, police or fire stations, schools, libraries,
community centers, civic centers, utility structures, water towers,
elevated roadways, bridges, flagpoles, clock or bell towers, lightpoles
and churches.
(c)
The third priority location shall be wholly
industrial and commercial structures, such as warehouses, factories,
retail outlets, supermarkets, banks, garages or service stations,
particularly where existing visual obstructions or clutter on the
roof or along a roofline can and will be removed as part of the installation
of the telecommunications facility.
(d)
The fourth priority location shall be such locations
as the applicant proves are essential to provide required service
to the Lumberton Township area.
(2)
Collocation policy.
(a)
Each applicant for a new telecommunications
tower shall present documentary evidence regarding the need for wireless
antennas within the Township of Lumberton. This information shall
identify the wireless network layout and coverage areas to demonstrate
the need for such equipment within this Township.
(b)
An applicant proposing to erect a new wireless
telecommunications tower shall provide documentary evidence that a
legitimate attempt has been made to locate the antennas on existing
buildings or structures or collocation sites. Such evidence shall
include a radio frequency engineering analysis of the potential suitability
of existing buildings or structures or collocation sites in the search
area for such antennas. Efforts to secure such locations shall be
documented through correspondence between the wireless telecommunications
provider and the property owner(s) of the existing buildings or structures
or collocation sites. The Township reserves the right to engage a
professional radio frequency engineer to review such documentation,
the cost of which engineer shall be paid from escrow funds supplied
by the applicant.
(c)
Applicants proposing to construct new telecommunications
towers shall document the locations of all existing telecommunications
towers within the Township of Lumberton and surrounding areas with
coverage in the Township, as well as any changes proposed within the
following twelve-month period, including plans for new locations in
the discontinuance or relocation of existing facilities. Applicants
shall provide competent testimony by a radio frequency engineer regarding
the suitability of potential locations in light of the design of the
wireless telecommunications network. Where a suitable location on
an existing tower is found to exist, but an applicant is unable to
secure an agreement to collocate its equipment on such tower, the
applicant shall provide written evidence of correspondence with the
owner of such tower verifying that suitable space is not available
on the existing tower(s). Where an applicant seeking to construct
a new tower is not a wireless service provider, the applicant shall
prove that adequate wireless telecommunications services, sufficient
to meet the requirements of the Telecommunications Act of 1996, as
amended, cannot be provided without the proposed tower.
(d)
Site location alternative analysis. Each application
shall include a site location alternative analysis describing the
location of other sites considered, the availability of those sites,
the extent to which other sites do or do not meet the provider's service
or engineering needs and the reason why the subject site was chosen.
The analysis shall address the following issues:
[1]
How the proposed location of the
telecommunications tower relates to the object of providing full wireless
communications services within the Township of Lumberton area;
[2]
How the proposed location of the
proposed wireless telecommunications tower relates to the location
of any existing antennas within and near the Lumberton Township area;
[3]
How the proposed location of the
proposed telecommunications tower relates to the anticipated need
for additional antennas within and near the Lumberton Township area
by the applicant and by other providers of wireless communications
services within the Lumberton Township area;
[4]
How the proposed location of the
proposed telecommunications tower relates to the objective of collocating
the antenna of many different providers of wireless communications
services on the same wireless telecommunications tower; and
[5]
How its plans specifically relates
to, and is coordinated with, the needs of all other providers of wireless
communications services within the Lumberton Township area.
(3)
State of federal requirements. All towers must
meet or exceed current standards and regulations of the FAA, the FCC
and any other agency of the State or Federal Government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, the owners of the towers and antennas governed by this
section shall bring such towers and antennas into compliance with
such revised standards and regulations within six months of the effective
date of such standards and regulations, unless a different compliance
schedule is mandated by the controlling state or federal agency, in
which case the latter scheduling will control. Failure to bring towers
and antennas into compliance with such revised standards and regulations
shall constitute grounds for the removal of the tower or antenna at
the owner's expense.
(4)
Safety standards/building codes. To ensure the
structural integrity of towers, the owner of a telecommunications
facility shall ensure that it is maintained in compliance with standards
contained in applicable local building codes and the applicable standards
for such telecommunications facilities, as amended from time to time,
and as may be published by the electronics industries association,
or such other agency or association having expertise in the field.
Owners of towers shall conduct periodic inspections of such facilities
at least once every year to ensure structural integrity; said inspection
shall be conducted by a qualified, independent engineer licensed to
practice in the State of New Jersey, and the results of such inspection
shall be provided, by way of written report, to the Township Committee
of the Township of Lumberton. Failure to undertake said inspection
and/or provide the Township with the aforementioned report shall constitute
grounds for the removal of the tower or antenna at the owner's expense.
(5)
Tower setbacks. The following setback requirements
shall apply to all telecommunications towers and antennas, provided,
however, that the Land Development Board may reduce the standard setback
requirements of this section if the goals of this section would be
better served thereby; and, in the event that any of the following
provisions conflict with one another, then the more strenuous and
stringent standards shall apply:
[Amended 1-20-2004 by Ord. No. 2004-1]
(a)
Towers shall meet the set backs of the underlying
zoning district with the exception of the industrial zoning districts,
where towers may encroach into the rear setback area, provided that
the rear property line abuts another industrially zoned property and
the tower does not encroach upon any easements.
(b)
Towers shall be set back from the planned public
rights-of-way as shown on the most recently adopted Master Street
Plan of the Township by a minimum distance equal to 1/2 of the height
of the tower, including all antennas and attachments.
(c)
Towers shall not be located between a principal
structure and a public street, with the following exceptions:
(d)
Towers must be set back a distance equal to
the height of the tower from any off site residential structure.
(e)
For antennas attached to the roof or a supporting
structure on a roof top, a 1 to 1 setback ratio (example: ten-foot-high
antenna and supporting structure requires ten-foot setback from edge
of roof) shall be maintained unless an alternative placement is shown
to reduce visual impact.
(f)
A tower's setback may be reduced, or its location
in relation to the public street varied, at the discretion of the
Board, to allow the integration of a tower not an existing or proposed
structure, such as a church steeple, light standard, tower line support
device or similar structure.
(6)
Lot size. For purposes of determining whether
the installation of a tower or antennas complies with district development
regulations, including but not limited to setback requirements, lot
coverage requirements and such other requirements, the dimensions
of the entire lot shall control, even though the antennas or towers
may be located only on a portion of such lots.
(7)
Abandonment and removal.
(a)
Abandonment. Any telecommunications tower and
equipment which is not operated for wireless communications purposes
for a continuous period of six months shall be considered abandoned,
whether or not the owner or operator intends to make use of it or
any part of it, and shall be removed by the facility owner at its
costs. The owner of a telecommunications tower and the owner of the
property where the facility is located shall be under a duty to remove
the abandoned telecommunications tower. If such antenna and/or tower
is not removed within 60 days of receipt of notice from the Township
notifying the owner of such abandonment, the Township may remove such
tower and/or antenna as set forth below.
[1]
If the owner of an abandoned tower
or antenna wishes to use such abandoned tower or antenna, the owner
must first apply for and receive all applicable permits and meet all
of the conditions of this section as if such tower or antenna were
a new tower or antenna.
(b)
Removal. When an owner of a telecommunications
tower and antenna, who has been notified to remove the same, fails
to do so within 60 days of receipt of notice from the Township notifying
the owner and/or operator of such abandonment and the need to remove
the same, then the Township may remove such tower and/or antenna and
place a lien upon the property for the cost of removal. If removed
by the owner, a demolition permit shall be obtained and the facility
shall be removed. Upon removal, the site shall be cleaned, restored
and revegetated to blend with the existing surrounding vegetation
at the time of abandonment. The facility owner shall post a bond at
the time that a construction permit is issued for demolition, to cover
the cost of tower removal and site restoration. The amount of the
bond shall have taken into consideration any cost escalations that
may be reasonably anticipated.
[1]
Any delays by the Township in taking
action under this clause shall not in any way waive the Township's
right to take action.
(8)
Principal, accessory and joint uses.
(a)
Accessory structures used in direct support
of a telecommunications tower shall be allowed but not be used for
offices, vehicle storage or other outdoor storage. Mobile or immobile
equipment not used in direct support of a telecommunications facility
shall not be stored or parked on the site of the telecommunications
facility.
(b)
Telecommunications towers may be located on
sites containing another principal use in the same billable area.
(9)
Monopole construction. Monopole tower construction
shall be utilized in all cases except where it can be conclusively
demonstrated that a monopole construction is not suitable for a specific
location or application or that a different type pole is necessary
for the collocation of additional antennas on the tower.
D.
Additional submission requirements.
(1)
A report from a qualified expert containing
the following:
(a)
A description of the tower and the technical
and other reasons for the tower design and height, including cross
sections and elevations.
(b)
Documentation to establish that the tower has
sufficient structural integrity for the proposed use at the proposed
location and meets the minimum safety requirements and margins according
to FCC requirements in their current adopted standards and revisions.
(c)
Indicates the height above grade for all potential
mounting positions for collocated antennas and the minimum separation
distance between antennas.
(d)
Description of the tower's capacity, including
the number and type of antennas that it can accommodate.
(e)
Statement detailing current FCC information
concerning wireless telecommunications towers and radio frequency
admission standards as well as information concerning the projected
power density of the proposed facility and how it meets the FCC standards.
(2)
A letter of commitment by the applicant to lease
excess space on the tower to other potential users at prevailing rates
and standard terms. The letter of commitment shall be recorded prior
to the issuance of any building permits. The letter shall commit the
tower owner and his successors in interest to this obligation.
(3)
Cessation of use. A copy of the relevant portions
of a signed lease which requires the applicant to remove the tower
and associated facilities upon cessation of operations of the site
shall be submitted at the time of the application.
(4)
Visual impact study. A visual impact study,
graphically stimulating through models, computer enhanced graphics
or similar techniques, the appearance of any proposed tower and indicating
its view from at least five locations around and within one mile of
the proposed wireless telecommunications tower where the wireless
telecommunications tower will be most visible. Aerial photographs
of the impact area shall also be submitted.
E.
Design requirements. Telecommunications towers shall
be of a monopole design unless the Board determines that an alternative
design would better blend into the surrounding environment.
(1)
Aesthetics. At a tower site, the design of the
buildings and related structures shall, to the extent possible, use
materials, colors, textures, screening and landscaping that will blend
the tower and related facilities to the natural setting and built
environment. The towers themselves shall be of a color appropriate
to the tower's locational context so as to make it as unobtrusive
as possible, unless otherwise required by the FAA.
(2)
Accessory utility buildings. All utility buildings
and structures accessory to a tower shall be architecturally designed
to blend in with the surrounding environment and shall meet the minimum
setback requirements of the underlying zoning district. Ground-mounted
equipment shall be screened from view by suitable vegetation, except
where a design of nonvegetative screening buffer reflects and complements
the architectural character of the surrounding neighborhood. A landscape
plan shall be submitted for review of proposed screening.
(a)
Landscaping shall be provided along the perimeter
of a security fence to provide a visual screen or buffer for adjoining
private properties and the public right-of-way. Required front yard
setbacks shall be landscaped. Existing on-site vegetation shall be
preserved or improved, and disturbance of existing topography shall
be minimized, unless such disturbance would result in less visual
impact of the site to the surrounding area.
(3)
Lighting. No lighting is permitted except as
follows:
(a)
Equipment buildings and compounds may have security
and safety lighting at the entrance, provided that the light is attached
to the facility, is focused downward and is on timing devices and/or
sensors so that the light is turned off when not needed for safety
or security purposes; and
(b)
No lighting is permitted on a wireless telecommunications
tower except lighting that specifically is required by the FAA, and
any such required lighting shall be focused and shielded to the greatest
extent possible so as not to project towards adjacent and nearby properties.
(4)
Height. The antenna and any supporting structure
shall not exceed 200 feet in height but, if a lesser height, shall
be designed so that its height can be increased to 200 feet if necessary
to accommodate other local communications facilities in the future.
(5)
Signs and advertising. No advertising is permitted
on a telecommunications tower or accompanying facilities. Only signs
for warning or equipment information shall be permitted on any portion
of a tower or equipment building.
(6)
Fencing and other security devices. Telecommunications
towers and equipment buildings in compounds shall be surrounded by
a security feature, including an appropriate anti-climbing device
or other similar protective device to prevent unauthorized access
to the telecommunications facilities, and shall be further surrounded
with a security fence. Additional safety devices shall be permitted
or required as needed, and as approved, by the Board as may be necessary.
(8)
Radio frequency emissions. The FTA gives the
FCC sole jurisdiction over the field of regulation of radio frequency
(RF) emission and telecommunications towers which meet the FCC standards
shall not be conditioned or denied on the basis of RF impacts. Applicants
shall provide current FCC information concerning wireless telecommunications
towers and radio frequency emissions standards. Applicants for telecommunications
towers shall be required to provide information on the projected power
density of the proposed facility and how this meets the FCC standards.
F.
Violations and penalties.
(1)
Any person who attempts to erect or erects a
telecommunications tower or antennas covered by this section without
having first obtained the necessary approvals, variances or building
permits, in the manner provided in this section, shall be deemed in
violation of this section. Any responsible party or other persons
convicted by a court of competent jurisdiction or violating any provision
of this section shall be punished by a fine not to exceed $1,000 or
by imprisonment not to exceed 90 days or by a sentence of community
service not to exceed 90 days.
(2)
If any structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained in violation of this section,
or without obtaining the required approvals or permits, or if any
building, structure or land is used in violation of this section,
the Township Solicitor, in addition to any other remedies, may institute
proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, conversion, maintenance or use or to correct or abate
such violations. Each and every day that such unlawful erection, construction,
reconstruction, alteration, conversion, maintenance or use continues
shall be deemed a separate offense. In the event that the Township
is successful in securing the judicial relief requested, then the
owner and operator of the telecommunications tower shall be jointly
and severally liable for the reasonable costs and attorneys fees incurred
by the Township in the course of said action.
See § 130-24.
[Amended 7-20-1992 by Ord. No. 1992-3; 8-3-1992 by Ord. No.
1992-6]
No trailer, auto trailer, trailer coach, travel
trailer, camper or boat shall be used for dwelling purposes, sleeping
quarters or the permanent conduct of any business, profession, occupation
or trade, except that such equipment may be used for temporary residency
for one year or such shorter period it takes to repair a damaged unit.
Such equipment may also be used for a temporary construction office
located on a construction site, provided that the approving authority
has specifically authorized the temporary construction office and
approved its location as part of its approval of a subdivision or
site plan. Prior to use for a temporary construction office, a temporary
permit must be issued by the Construction Official. This section shall
not be construed to prohibit the parking or storage of such equipment
on private premises only. Such equipment shall not be parked on a
public street in a residential zoning district for a period exceeding
24 hours.[1]
[1]
Editor's Note: Former §§ 130-62.1, Voluntary
transfer of development rights program, added 9-5-1995 by Ord. No.
1995-17, as amended; and 130-62.2, RA/R-6 planned unit development
standards, added 3-6-2000 by Ord. No. 2000-5, as amended, which sections
immediately followed this section, were repealed 9-11-2018 by Ord.
No. 2018-25.
[Amended 4-17-1989 by Ord. No. 1989-6]
A.
No open space providing front, side or rear yard space
for one building shall be considered as providing the yard provisions
of another.
B.
A lot with frontage on two or more streets, including
corner lots, shall have a building setback from each street not less
than the required front yard.
C.
Projections.
[Amended 6-18-1990 by Ord. No. 1990-11]
(1)
Windowsills, belt courses and other ornamental features
shall not project more than six inches into the required front, side
or rear yard.
(2)
Cornices, eaves, gutters, chimneys or projecting windows
shall not project more than two feet into the required front, side
or rear yard.
(3)
Ground floor entrance steps and turf terraces, when
open to the sky, may project into the front, side or rear yard.
(4)
A roofed patio or deck consisting wholly or partially
of an artificial surface shall be included as part of the building
for purposes of calculating front, rear and side yard setbacks.
(5)
A patio, when open to the sky, which rises no more
than six inches above grade shall be permitted to project into the
required side or rear yard, and it shall be counted as a part of the
calculation of paved surfaces as set forth in the Schedule of Limitations.[1]
[1]
Editor's Note: Said Schedule is included at the end of this chapter.
(6)
A deck, when attached to a single-family detached
dwelling and open to the sky, shall be permitted to project into the
required rear yard by up to 15 feet in any zone, subject to the following
conditions:
(a)
The deck shall be constructed of wood and have
open spacing which allows for the passage of rainfall through the
deck to the ground surface.
(b)
The soil under the deck remains open and uncovered
to allow for the passage of rainfall through the soil.
(c)
One-half the area of the deck shall be counted
toward the calculation of paved surfaces as set forth in the Schedule
of Limitations.[2]
[2]
Editor's Note: Said Schedule is included at the end of this chapter.
Where water is accessible for a servicing utility,
the developer shall arrange for water services to each lot, dwelling
unit or use within the development. The water distribution system
shall adhere to the required standards of the Township, county and/or
state and be subject to their approval, where required, and be designed
with adequate capacity and sustained pressure for present and probable
future development.
