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Borough of Stanhope, NJ
Sussex County
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Table of Contents
Table of Contents
The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof.
The subdivision plat shall conform to design standards that will encourage good development patterns within the Borough. Where either or both an Official Map or Master Plan has or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted Master Plan or Official Map shall be considered in approval of subdivision plats.
A. 
The arrangements of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.
B. 
Minor streets shall be so designed as to discourage through traffic.
C. 
Subdivisions abutting arterial streets shall be designed in such a manner that a buffer strip, a minimum of 25 feet wide, planted with trees and shrubs alongside the arterial street shall be created. Driveways shall not be permitted to enter to the arterial streets. In the event that the physical limitations of the property are such that this twenty-five-foot buffer strip cannot be provided, then the Planning Board may consider approving a marginal service road between the arterial street and the building lots, with a buffer strip planted with trees and shrubs between the arterial street and the service road.
D. 
The right-of-way width shall be measured from lot line to lot line and shall not be less than the following:
(1) 
Arterial streets: 60 feet.
(2) 
Collector streets: 55 feet.
(3) 
Minor streets: 50 feet.
(4) 
Marginal access streets: 50 feet.
(5) 
The right-of-way width for internal roads and alleys in multifamily, commercial and industrial developments shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely accommodate the maximum access for fire-fighting equipment.
E. 
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such has been placed in the governing body under conditions approved by the Planning Board.
F. 
Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, one-half (1/2) of the required extra width shall be dedicated.
G. 
No street grade shall be greater than 10% except where the topography of the land to be subdivided is such as to make it impossible, otherwise, to develop such land the Planning Board may, in its discretion, approve grades in excess of 10% but in no case in excess of 12%. No street shall have a minimum grade of less than one-half of one percent (1/2 of 1%). Street intersections shall be as nearly at right angles as possible and in no case shall be less than 60º.
H. 
The block corners at intersections shall be rounded off not less than 25 feet.
I. 
Street jogs with center-line offsets of less than 125 feet shall be prohibited.
J. 
A tangent at least 100 feet long shall be introduced between reverse curves on all streets.
K. 
When connecting street lines deflect from each other at any one point by more than 10º and not more than 45º, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.
L. 
All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
M. 
Dead-end streets (culs-de-sac) shall not be longer than 600 feet and shall provide a turnaround at the end with a radius of not less than 50 feet and tangent, whenever possible, to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
N. 
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
O. 
All streets shall be installed and paved in accordance with the Road Construction Ordinance of the Borough of Stanhope.
P. 
Street signs of the same size, durability, quality, design and size as those used generally throughout the Borough or the equivalent thereof shall be provided by the developer and installed at one corner of each street intersection. All street signs shall be installed free of visual obstruction. Where traffic signs are deemed necessary by the Borough Engineer, such signs shall be installed at the expense of the developer.
Q. 
Guardrails. When the Borough Engineer determines that guardrails, warning rails and other reasonable protective features are required for public safety, they shall be installed by the developer in accordance with New Jersey Department of Transportation standards.
R. 
All streets shall have concrete or Belgian block curbing. Gutters shall be installed, wherever required, for proper drainage as determined by the Borough Engineer. All curb and gutter construction shall be in accordance with the New Jersey Department of Transportation Standards Specifications for Road and Bridge Construction, as amended.
S. 
In the case of site plans, subdivision and variance applications, sidewalks shall be constructed on both sides of new streets and in front of the full frontage of the subject premises on existing streets. Sidewalks shall be constructed 48 inches in width and shall be located no closer than six inches to the property line so as to allow sufficient area for the installation of monuments, as required.
[Amended 5-29-1990 by Ord. No. 1990-10]
T. 
Streetlighting, if required, shall be installed in accordance with the specifications to be described by Borough ordinance.
A. 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the zoning regulations and to provide for convenient access, circulation control and safety of street traffic.
B. 
For all other uses, block sizes shall be sufficient to meet all area and yard requirements for such use.
A. 
Lot dimension and area shall be no less than the requirements of the zoning regulations.
B. 
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
C. 
Each lot must front upon an approved street at least 50 feet in right-of-way width.
D. 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra right-of-way line, and all setbacks shall be measured from such line.
E. 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formation, severe topographical condition, flood conditions or environmental circumstance, the Planning Board may, after adequate investigation, withhold approval of such lots.
A. 
In large-scale developments, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 20 feet wide and located in consultation with the companies or municipal departments concerned.
B. 
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and the further width or construction, or both, as will be adequate for the purpose.
C. 
Natural features, such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.
A. 
Dwelling and residential buildings shall be designed so as to prevent uniformity in exterior design and appearance of neighboring dwellings situated on adjoining lots on the same or opposite sides of the street.
B. 
Dwellings and residential buildings shall be considered uniform in exterior design and appearance if the same basic dimensions and floor plans are used without substantial differentiations in any three of the following:
(1) 
Basic roof design as it may affect the main roof ridge in length and height above the plate. All flat roofs shall be deemed identical in dimensions above the plate.
(2) 
Front elevation in texture and material.
(3) 
Setback (a setback with a difference of four feet or more shall not be considered to be the same).
(4) 
Location, height and design of porches, if any.
(5) 
Architectural design or locations of entrances, doors and windows.
[Added 5-29-1990 by Ord. No. 1990-10; amended 6-1-1999 by Ord. No. 1999-10]
A. 
Houses of worship may be permitted based upon the following conditions:
(1) 
Minimum lot size: three acres.
(2) 
Minimum frontage: 150 feet.
(3) 
Minimum front yard setback: 50 feet.
(4) 
Minimum side yard setback: two times the minimum side yard setback as required by the zone in which the property lies.
(5) 
Minimum rear yard setback: two times the minimum rear yard setback as required by the zone in which the property lies.
(6) 
Maximum percentage of impervious surface area: 65%.
(7) 
Maximum building height: the lesser of 21/2 stories or 35 feet, except that spires may be 45 feet.
(8) 
Parking: see § 100-120 for parking requirements.
B. 
Continuing care facilities may be permitted based upon the following conditions:
(1) 
Minimum lot size: two acres.
(2) 
Minimum frontage: same as the prevailing zone requirement.
(3) 
Minimum front yard setback: 50 feet.
(4) 
Minimum side yard setback: two times the minimum side yard setback as required by the zone in which the property lies.
(5) 
Minimum rear yard setback: two times the minimum rear yard setback as required by the zone in which the property lies.
(6) 
Maximum percentage of impervious surface area: the same impervious coverage as required by the zone in which the property lies.
(7) 
Maximum building height: the lesser of 2 1/2 stories or 35 feet.
(8) 
Parking: See § 100-120 for parking requirements.
C. 
Nursing homes may be permitted based upon the following conditions:
(1) 
Minimum lot size: two acres.
(2) 
Minimum frontage: same as the prevailing zone requirement.
(3) 
Minimum front yard setback: 50 feet.
(4) 
Minimum side yard setback: two times the minimum side yard setback as required by the zone in which the property lies.
(5) 
Minimum rear yard setback: two times the minimum rear yard setback as required by the zone in which the property lies.
(6) 
Maximum percentage of impervious surface area: the same impervious coverage as required by the zone in which the property lies.
(7) 
Maximum building height: the lesser of 2 1/2 stories or 35 feet.
(8) 
Parking: See § 100-120 for parking requirements.
D. 
Child-care centers may be permitted based upon the following conditions:
(1) 
Minimum lot size: one acre.
(2) 
Minimum frontage: same as the prevailing zone requirement.
(3) 
Minimum front yard setback: the same setback as required by the zone in which the property lies.
(4) 
Minimum side yard setback: two times the minimum side yard setback as required by the zone in which the property lies.
(5) 
Minimum rear yard setback: two times the minimum rear yard setback as required by the zone in which the property lies.
(6) 
Maximum percentage of impervious surface area: the same impervious coverage as required by the zone in which the property lies.
(7) 
Maximum building height: The lesser of 2 1/2 stories or 35 feet.
(8) 
Parking: See § 100-120 for parking requirements.
E. 
Home occupations may be permitted based upon the following conditions:
(1) 
Home occupations shall submit an application to the reviewing board for site plan approval.
(2) 
No more than two employees other than the owner/occupant may work on the premises.
(3) 
Not more than 25% of the total floor area of such dwelling or 400 square feet, whichever is greater, shall be devoted to such employment or occupation.
(4) 
There shall be no display of goods offered for sale in conjunction with such employment or occupation which is visible from any street or adjoining lot, and there shall be no motor vehicles or equipment or other items used in connection with or upon which any service is performed in connection with such employment or occupation stored or kept in any location on the lot, except in an enclosed building.
(5) 
No equipment or process shall be used in such employment or occupation which shall create noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, and, in the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the lot or causes fluctuations in line voltage off the lot.
(6) 
Residential character of the building shall not be changed.
(7) 
The use does not alter the parking required or need for additional parking on the residential premises and does not require any off-site parking.
[Amended 4-26-1988 by Ord. No. 1988-9]
A. 
For all major subdivisions, the applicant shall arrange with the serving utilities for the underground installation of the utilities' (including transformer) distribution supply lines and service connections, in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners, and shall submit to the Planning Board, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance with the provisions of this section, provided that lots in such subdivisions which abut existing streets where overhead electric or telephone distribution supply lines have theretofore been installed on any portion of the streets involved may be supplied with electric and telephone service from such overhead lines or extensions thereof, but the service connections from the utilities' overhead lines shall be installed underground. Wherever the utility is not installed in the public right-of-way, an appropriate utility easement not less than 20 feet in width shall be provided.
B. 
Whenever any portion of a lot proposed for subdivision or site plan development is located within 400 feet of an existing sanitary sewer line, the design of the development must include sanitary sewer installation in accordance with municipal standards.
C. 
Whenever any portion of a lot proposed for subdivision or site plan development fronts on a public road and is within 400 feet of an existing public waterline in that road, the design of the development must include public waterline installation in accordance with the municipal standards.
D. 
Streetlights shall be installed along all new or improved streets, including but not limited to intersections with existing streets.
E. 
In any particular situation where the applicant can clearly demonstrate that, because of unusual topographic or other unusual conditions of the land, the installation of such utilities is impractical or not feasible, then the applicant may apply to the Planning Board for design waiver. The Board shall, after hearing the evidence of the applicant and others, make a decision whether to waive such requirements based upon the advice of the Borough Engineer. The need for the construction of booster pumps and/or storage facilities, to meet the potable water requirements of a subdivision, shall not be deemed as unusual conditions to waive the requirement for the provision of a potable water supply.
[Amended 5-28-2002 by Ord. No. 2002-5]
A. 
No site plan or application for development submitted to the Planning Board pursuant to the developmental regulations of the Borough of Stanhope will be granted approval unless it includes a soil and sedimentation control erosion plan approved by the Sussex County Soil Conservation District, except for the following:
(1) 
Use of land for gardening solely for home consumption.
B. 
General design principles. Control measures shall apply to all aspects of the proposed site development involving land disturbance and shall be in operation during all stages of the disturbance activity. The following principles shall apply to the soil erosion and sediment control plan:
(1) 
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
(2) 
Whenever feasible, natural vegetation shall be retained and protected.
(3) 
The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
(4) 
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbance.
(5) 
Drainage provisions shall accommodate all increased runoff resulting from modifications of soil and surface conditions during and after development of disturbance. Such provisions shall be in addition to existing requirements.
(6) 
Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.
(7) 
Sediment shall be retained on site.
(8) 
Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or disturbance.
C. 
Maintenance. All necessary soil erosion and sediment control measures installed under this chapter shall be adequately maintained for one year after completion of the approved soil erosion and sediment control plan or such longer period of time as the Borough Engineer may determine shall be necessary to permanently stabilize the effect of all soil erosion control measures to be undertaken according to the approved soil erosion and sediment control plan. The Borough Engineer shall give the applicant, upon request, a written certification indicating the date upon which he approved the completion by the applicant of the measures specified in the approved soil erosion and sediment control plan.
D. 
Maintenance guaranty. The Planning Board shall require a maintenance guaranty to ensure the maintenance of all measures as required by Subsection B(4) in an amount satisfactory to the Borough Engineer. Said guaranty shall be in the form of a cash deposit or a maintenance bond in such form and with such sureties as may be required by the Borough Attorney.
A. 
For all new buildings or additions to existing buildings, off-street parking spaces shall be provided in accordance with the following schedule:
Use
Minimum Number of Spaces Required
Assembly hall or auditorium
1 for each 100 square feet of gross floor area or 1 for each 4 seats, whichever is greater
Bank
8 for each teller window
Bowling alley
4 for each alley
Child-care centers
[Added 6-1-1999 by Ord. No. 1999-10]
1 space for each 3 children enrolled
Church, temple or house of worship
1 for each seats or 1 for each 72 inches of seating space when benches rather than seats are used
Club
20, plus 1 additional space for each 200 square feet of gross floor area
College
1 for every 2 students
Community centers
Same as for auditoriums
Continuing care facilities
[Added 6-1-1999 by Ord. No. 1999-10]
1 space for each bed
Dwellings:
Low density
4 spaces per unit
Medium low density
3 spaces per unit
Medium density
2 spaces per unit
Residential conservation
4 spaces per unit
High density residential
[Amended 8-27-1985 by Ord. No. 1985-14]
21/2 spaces per dwelling unit
Village residential
2 spaces per dwelling unit
Single-family and condominiums
2 spaces per dwelling unit
Funeral home or mortuary
10, plus 1 space for each 50 square feet of space devoted to chapel or slumber rooms
Hospital
1.5 for each bed, plus 1 parking stall for each person on the staff
Industrial or manufacturing use
1 for each employee on maximum shift, plus 10% or 1 for each 300 square feet of gross floor area
Motels and hotels
1 space for each room, plus 1 for each staff member
Nursing homes
[Added 6-1-1999 by Ord. No. 1999-10]
0.8 space for every 1 bed
Offices, general profession
1 for each 250 square feet of gross floor area
Research laboratory
1 for each employee on maximum shift, plus 10% or 1 for each 250 square feet of gross floor area
Restaurant
1 for each 2 seats devoted to service
Retail store or service business
1 for each 200 square feet of gross floor area
Senior housing
[Added 6-1-1999 by Ord. No. 1999-10]
0.5 space for each bedroom
Service station
2 parking spaces for each bay, plus 1 for each service vehicle
Shopping centers:
10-25 acres
6 spaces per 1,000 square feet of gross floor area
25-50 acres
5.5 spaces per 1,000 square feet of gross floor area
Above 50 acres
5.3 spaces per 1,000 square feet of gross floor area
Skating rink
1 for each 120 square feet of rink area
Storage warehouse
1 for each employee on maximum shift, plus 10% or 1 for each 750 square feet of gross floor area
Theaters
1 for each 4 seats
Wholesale store, motor vehicle establishment or furniture store
1 for each 400 square feet of gross floor area, plus 1 for each employee on maximum shift
B. 
Uses similar or related to one of the above uses shall provide adequate off-street parking in accordance with the above standards. For all other uses, a minimum requirement of one off-street parking space for each 200 square feet of building floor area shall be applied.
Where various uses are combined, the total requirements for off-street parking areas shall be the sum of the requirements of the various uses computed separately.
Collectively sponsored off-street parking areas for two or more buildings or uses shall be permitted, provided that the total of such off-street parking spaces shall be not less than the sum of the requirements for the various uses computed separately. Parking areas for churches, theaters or other uses in which the primary parking demand occurs out of normal street operation hours may be jointly used where arrangements are made to ensure that adequate space is available for each function. Such arrangements shall be subject to the site plan approval of the Planning Board to ensure their adequacy, relation to traffic safety and protection of the adjacent properties.
Off-street parking, as required by this section, shall be located as hereinafter specified:
A. 
For all residential buildings, regardless of the district in which they may be located, and for all nonresidential buildings in residential zone districts, required parking shall be provided on the same lot with the building.
B. 
For all other nonresidential buildings, the required parking shall be provided within 150 feet of the use.
C. 
All off-street parking should be located in the front, side or rear yard. Such parking shall be no closer than 10 feet to any property line, except when provided in conjunction with a single-family residential use.
D. 
All parking spaces in the High Density Zones shall be related to the dwelling unit so that the maximum walking distance therefrom to the exterior building of any dwelling unit shall not exceed 200 feet. Parking on any private street within the entire development shall be prohibited and shall be confined to areas specifically designated on the site plan for that purpose. Parking spaces should not be constructed closer than 30 feet to any building. Parking areas may be constructed only in rear and side yards but in no event closer than 50 feet to any side or rear line.
E. 
Parking areas for business uses are permitted in the residential zones that are contiguous to the business zones, provided that all the requirements of § 100-124 are complied with, and further provided that:
(1) 
The parking area does not extend more than 130 feet into the residential zone.
(2) 
The parking area shall extend continuously from the nonresidential zone.
Except for one-family dwelling units:
A. 
Paving requirements.
(1) 
Areas of ingress or egress, loading and unloading areas, major interior driveways and aisles and other areas likely to experience similar heavy traffic shall be paved with not less than four inches of compacted base course of plant-mixed bituminous stabilized base course, constructed in layers not more than two inches compacted thickness, or equivalent, and prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (1961) and amendments thereto. A minimum two-inch-thick compacted wearing surface of bituminous concrete (FABC), or equivalent, shall be constructed thereon in accordance with Division 3, Section 10, of the New Jersey Department of Transportation Specifications for Road and Bridge Construction and amendments thereto.
(2) 
Parking space areas and other areas likely to experience light traffic shall be paved with not less than three inches of compacted base concrete of plant-mixed bituminous stabilized base course, or equivalent, prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (1961), and amendments thereto. At least one-and-one-half-inch compacted wearing surface of bituminous concrete (FABC), or equivalent, shall be constructed thereon in accordance with Division 3, Section 10, of the New Jersey Department of Transportation Specifications for Road and Bridge Construction and amendments thereto.
B. 
There shall be a five-foot sidewalk, at least five inches above the parking area pavement, between any building and a parking area or drive of any retail sales or service establishment.
C. 
All parking spaces within parking areas shall be at least ten by twenty (10 x 20) feet, with the exception of parking spaces for the handicapped which shall be twelve by twenty (12 x 20) feet, and clearly and legibly marked with white paint on the pavement showing the parking arrangement within the parking area. Handicapped spaces must also be provided with a painted handicapped sign on the pavement surface as well as a vertical sign at the head of each space. A ramp providing handicapped access must be provided within 20 feet of any such parking space.
[Amended 5-29-1990 by Ord. No. 1990-10]
D. 
Any lighting in connection with off-street parking shall be so arranged and shielded as to reflect the light downward, away from all adjoining streets, residential zones or residential buildings.
E. 
Any parking area shall be effectively screened on any side which adjoins or faces premises situated in any residence district by a privacy fence, wall or hedge maintained in good condition as required by the Planning Board. If, in the judgment of the Board, said fence is not necessary to protect the adjoining residential property because of topographical or other extraordinary or exceptional conditions, this requirement for a fence may be waived.
F. 
The parking area and drives must be enclosed with concrete or Belgian block curbing, as approved by the Planning Board, at least six inches above the paving surface, except at ramps provided for the handicapped that are to be constructed to suit the barrier-free design regulations of the State of New Jersey. All curbing shall be constructed at a distance to meet the following requirements:
(1) 
Ten feet from any property line.
(2) 
Five feet from any building in all zones where parking spaces will be next to said building; provided, however, that no curb is required where service aisles or driveways abut said buildings.
(3) 
Twenty-five feet from the property line of any residential zone or use.
[Amended 5-29-1990 by Ord. No. 1990-10]
G. 
Parking areas shall be used solely for the parking of passenger automobiles, and no commercial repair work or service of any kind shall be conducted on said parking lot. No sign other than entrance, exit and condition-of-use signs shall be maintained; provided, however, that said sign shall meet the requirements of § 100-127.
H. 
Within all business zones, in every parking area of 10,000 square feet or more, provision shall be made for one shade tree of three-inch caliper or greater for each 1,000 square feet of parking area, which tree shall be situated within a planting area of not less than 100 square feet. For the purposes of this subsection, a parking area will be considered one continuous area unless separated by a building or landscaped area at least 50 feet in width. Preference should be given to existing trees.
I. 
Off-street parking spaces shall be dimensioned in accordance with the following schedule, except that a minimum of one space, but not more than 5% of all spaces, shall be a minimum of 12 feet wide, located in one area, designated as parking for the handicapped and located so that access does not require wheeling or walking behind parked cars. All parking areas shall be designed with service aisles to meet the following:
Angle of Parking Space
(degrees)
One-Way Aisle
(feet)
Two-Way Aisle
(feet)
90
25
25
60
20
22
45
18
20
30
15
18
Parallel
15
18
J. 
Each exit from and entrance to such parking lot shall be at least 50 feet distant from any adjacent property located in any residential zone.
K. 
Every off-street parking area shall be subject to site plan approval by the Planning Board to ensure its adequacy, relation to traffic safety and protection of the adjacent properties and to further ascertain that all requirements of this section are complied with.
L. 
If any applicant can clearly demonstrate to the Planning Board that because of the nature of the operation or the use of the premises the parking requirements, as outlined above, are unnecessary and excessive, the Planning Board may approve parking plans showing less parking area than is required. In such event, a landscaped area shall be reserved that can readily be converted to off-street parking if the conditions for allowing a lesser parking area ever change. The total number of parking spaces shall be shown on the site plan and shall consist of a square foot area of the principal building or accessory building which such parking is intended to serve.
A. 
For every building or part thereof hereinafter erected which is to be occupied by a use which requires the receipt or distribution in vehicles of materials or merchandise, there shall be provided and maintained on the same premises with such building off-street spaces in relation to floor area as follows:
(1) 
Up to 5,000 square feet: one space.
(2) 
Five thousand to 10,000 square feet: two more spaces.
(3) 
One additional space for each additional 30,000 square feet or part thereof, but in no case shall loading or unloading be conducted from public streets, and provided further that:
(a) 
Each loading space shall be at least 10 feet in width, 60 feet in length and have a fourteen-foot overhead clearance.
(b) 
Such space is permitted in the side or rear yard, provided that no part of said space is nearer than 10 feet to any side or rear property line.
B. 
Joint parking facilities. Persons developing property in this zone may meet the required parking provisions of this section by participation in a joint parking program of two or more business uses, provided that plans for such a joint programs have been approved by the Planning Board, and further provided that the area of the parking facilities equals the sum of the parking area requirements of each use participating therein.
A. 
The following standards and procedures shall be used in the design of drainage systems:
(1) 
The design of the drainage system shall be based on the intensity-duration characteristic of rainfall of a frequency of a storm to be equaled or exceeded once in 15 years.
(2) 
Pipes or conduits shall be designed using Manning's formula for velocity. The coefficient of friction for reinforced concrete pipes shall be N = 0.013 and for corrugated metal pipes shall be N = 0.024.
(3) 
Wherever possible, the pipes shall be designed to maintain a self-cleaning velocity of three feet per second when flowing full.
(4) 
The interval between manholes or inlets shall not exceed 400 feet. A manhole or inlet shall be provided whenever branches or drain lines are connected or sizes are changed and whenever there is a change in pipe alignment or grade.
(5) 
Transitions of drainpipes through manholes or inlets shall be designed to allow a drop of at least one-tenth (0.1) foot for pipes of equal size or of an amount at least equal to the difference in diameters for pipes of different sizes.
(6) 
Horizontal and vertical alignment of pipes shall be in a straight line between manholes or inlets.
(7) 
Swales or waterways shall be designed in accordance with standards set forth by the United States Department of Agriculture Soil Conservation Service and proper engineering practice.
(8) 
When requested by the approving authority or the Borough Engineer, plans shall be submitted to the United States Department of Agriculture Soil Conservation Service for its recommendations on erosion and sedimentation control measures.
(9) 
A permit shall be obtained from the Division of Natural Resources, New Jersey Department of Environmental Protection, for a structure crossing or conducting a natural stream with a drainage area of at least 50 acres or otherwise as required by state law.
B. 
When required by the approving authority on recommendation of the Borough Engineer to handle stormwater runoff, detention facilities shall be designed and installed to provide a maximum outlet discharge of flows which occur under preconstruction conditions based on a two-year storm. Additional emergency outlets must be provided to accommodate for the flow from unexpected storms of greater frequency than a one-hundred-year storm. Sufficient storage shall be provided in order to accommodate anticipated flows from a one-hundred-year storm. The method of designing the detention facilities shall be based on the "Urban Hydrology for Small Watershed," Technical Release No. 55, published by the United States Department of Agriculture Soil Conservation Service.
C. 
All developments and all lots shall incorporate on-site stormwater detention facilities in the following manner:
(1) 
One or more detention pools shall be constructed which will trap stormwater from all impervious surfaces.
(2) 
Each detention pool shall contain a primary water depth which will collect all the water up to a designed capacity with no facilities to surface drain the water from the detention pool.
(3) 
Each detention pool shall also be designed for a secondary water depth which will provide for water to be drained off through outlets.
(4) 
Each detention pool shall also be designed for a tertiary water depth which will allow water levels in excess of the secondary water depth to drain out one or both ends along the surface of a spillway to a natural drainage course.
(5) 
The detention pool shall be designed in accordance with good engineering practice to contain a primary water depth capacity that will accept all the surface water directed to it from a four-inch rain in 24 hours.
(6) 
The secondary water depth capacity shall, together with the primary water depth capacity, accept all the surface water directed to it from a five-inch rain in 24 hours.
(7) 
The tertiary water depth capacity shall, together with the primary water depth capacities, accept all the surface water directed to it from a six-inch rain in 24 hours.
(8) 
Vertical holes filled with coarse rock may be provided within the detention pools to assist water percolation into the soil for the detained water at the primary water level.
D. 
All developments may incorporate the following on-site stormwater detention or impoundment facilities in the following manner:
(1) 
Swales, in which there need be no outlet facilities, which will impound water draining only from other landscaped areas, may be constructed. The water impounded in these areas will be left to evaporate and percolate and the swales shall otherwise be seeded and maintained as lawn area.
(2) 
Impoundment detention basins along any stream that maintains a steady flow of water throughout the year may be constructed, provided that any improvement designed to provide such impoundment detention facilities shall be designed to meet the standards of and have the approval of the New Jersey Department of Environmental Protection and shall have the proper amount of sustained water flow downstream, proper depth of water to control vegetation and the proper design to prevent water stagnation in any part of the pond.
(3) 
Detention of stormwater on roof surfaces by means of essentially flat but slightly pitched roofs to the edges may be constructed. Facilities for control of the water runoff from the roof shall be provided in the form of vertical leaders and detention rings and shall be approved by the Borough Engineer depending on the area to be drained, the pitch of the roof, the capacity of the impoundment or detention facility to which the water will eventually drain and the structural strength of the roof. It is recommended that the opening of the vertical leaders be protected by a device that will accept the full amount of water passed on to it from the detention rings, but which will act as a strainer for any foreign matter such as leaves, twigs and seedings. The leaders from a roof with water detention design shall direct the stormwater into a detention pool construction in a manner as outlined above.
[Amended 9-26-1995 by Ord. No. 1995-20; 6-1-1999 by Ord. No. 1999-10]
A. 
Required permits and approvals.
(1) 
The Zoning Officer shall be permitted to process and grant permits for other than freestanding signs, in accordance with the regulations contained in this section, for signs on existing developed properties for which no change to the site other than the sign itself is being proposed. The sign must conform to all regulations in this section. If the sign does not conform to these regulations, or if other changes are being made to the site, the applicant must apply for site plan approval. For all freestanding signs, see § 100-127A(4), (5) and (6).
(2) 
A permit shall be required for the erection, alteration or reconstruction of any sign, except as noted in Subsection E(1) and C(2) below. The advertiser shall be responsible for securing the permit.
(3) 
No sign shall be constructed or displayed unless a building permit shall have first been obtained from the Construction Code Official.
(4) 
All proposed permanent freestanding signs associated with a site plan application shall be submitted to the reviewing board for approval as part of the site plan application.
(5) 
For all applications for new permanent freestanding signs on existing developed sites where the sign must meet all requirements, the Zoning Officer shall send a copy of the application and related drawings to the Planning Board for subcommittee written comment and recommendation. If the Planning Board subcommittee does not respond with a written comment or recommendation within 10 days of receipt by the Planning Board, it shall be up to the Zoning Officer to make the determination.
(6) 
If an existing freestanding sign is being replaced and relocated, and the sign meets all other requirements, the Zoning Officer shall send a copy of the application and related drawings to the Planning Board for subcommittee written comment and recommendation. If the Planning Board subcommittee does not respond with a written comment or recommendation within 10 days of receipt by the Planning Board, it shall be up to the Zoning Officer to make the determination.
(7) 
All applicants seeking permits or approval for signs shall submit at least the following information:
(a) 
Style and dimensions of letters or other symbols.
(b) 
Method of illumination, if any, including a detail showing the number, location and wattage of bulbs or other light sources, reflectors and shields and type of light source, etc.
(c) 
Description of sign materials, including type, color and texture.
(d) 
Detailed drawing showing construction of the sign base, pole and other support.
(e) 
Any landscaping which exists or is proposed in proximity to the sign.
(f) 
Sign area, dimensions and height above grade or below roofline.
(g) 
Location.
(h) 
Computations for structural strength and stability of entire structure for any freestanding sign greater than eight feet in height.
B. 
Measurement of sign area and height.
(1) 
The area of a freestanding sign shall be computed as the total square foot content of the background upon which the lettering, illustration or display is presented, including any base support or frame. For signs with two display faces, both of which must be identical, the maximum area requirement shall be permitted on each side. If there is no background, or if the sign is mounted on the face of a building, the sign shall be the rectangle which is the product of the largest horizontal and vertical dimensions of the lettering, illustration or display.
(2) 
The area of a canopy, an awning or a marquee sign shall be computed using the area and/or length of the wall from which said canopy or marquee extends.
(3) 
The height of a freestanding sign shall be computed as the distance from the normal grade to the top of the highest point of the sign. Normal grade shall be construed to be the newly established grade after construction, exclusive of any filling or excavating solely for the purpose of locating the sign.
C. 
Sign plan required. Each site plan application shall include a sign plan showing the specific design, location, size, construction and illumination in compliance with the following regulations:
(1) 
Single-family residential. Nameplate and identification signs for single-family dwellings.
(a) 
A nonilluminated sign indicating the name or address of the occupant may be permitted, provided that the sign shall be no larger that two square feet.
(b) 
Identification of a permitted home occupation may be included on the sign.
(c) 
Only one sign per dwelling unit is permitted in addition to a mailbox identification sign.
(2) 
Residential. Sales, rental, artisan or contractor's signs. Nonilluminated signs, advertising the sale or rental of the premises upon which they are located and signs of artisans or contractors working at the site, may be permitted, provided that:
(a) 
The size of any such sign shall not exceed four square feet.
(b) 
Not more than one of each type of sign is placed upon any property.
(c) 
Such signs shall be removed when premises are sold or rented or when work by that contractor has been completed on the premises.
(d) 
Developments with four or more homes for sale or industrial or commercial properties may be advertised on a sign no more than 12 square feet. One such sign shall be permitted on each entrance if the development fronts on more than one street. All development signs shall be removed when 95% of the lots have been initially sold.
(3) 
Institutional signs. Signs of schools, colleges, churches and other institutions of a similar public or semipublic nature may be erected and maintained, provided that:
(a) 
There is only one sign per property.
(b) 
The size of any freestanding sign shall not exceed 30 square feet.
(c) 
Signs affixed to the face of the structure shall be permitted, provided that the sign shall not exceed 5% of the building face.
(4) 
Single-tenant commercial structures. Signs in commercial, business and industrial zones for single-tenanted and single-structure developments. Business signs may be erected and maintained when in compliance with the following provisions:
(a) 
The total gross advertising area of all signs, other than freestanding signs, on any one property shall not be greater than 5% of the area of the building face. The maximum area of all signs, including permanent and temporary signs, shall not exceed 100 square feet.
(b) 
One freestanding sign shall be permitted on any single property. The total advertising area shall not exceed 50 square feet.
(5) 
Multitenant commercial structures. Signs for multitenant structures in commercial, business or industrial zones shall be governed by the following regulations:
(a) 
All applicants seeking approval for signs shall submit at least the following information as listed in Subsection A(7)(a) through (h).
[Amended 8-31-1999 by Ord. No. 1999-16]
(b) 
The sign plan shall be based on an integrated design theme to include all the elements in Subsection D(1) through (12). All of the above elements shall be designed to be in harmony and consistent with each other, the architecture and materials of principal structures and the landscaping plan. The reviewing board, in its sole discretion, shall determine if a proposed sign plan meets the goals and objectives of this subsection.
[Amended 8-31-1999 by Ord. No. 1999-16]
(c) 
The total area of all signs affixed to a structure shall not exceed 5% of the building face of the structure. The maximum area of all signs, including permanent and temporary signs, signs affixed to the structure and freestanding signs, shall not exceed 150 square feet. The reviewing board may permit in total sign area up to 7% of the building face if, in the reviewing board's judgment, such additional area shall assist in developing a harmonious and integrated sign plan in accordance with the goals and objectives of this subsection.
(d) 
One freestanding sign shall be permitted on any single property. Freestanding signs for multipletenant structures/complexes shall be no greater than 75 square feet.
D. 
General regulations. The following regulations shall apply to all signs:
(1) 
Only those signs identifying the name, business, occupant, service, address or product offered or sold on the premises shall be permitted. No sign shall be permitted which is not directly related to the business conducted on the property.
(2) 
Signs within the interior of a structure, designed to be seen and read from the exterior, shall be considered as part of any maximum sign area.
(3) 
Signs attached to a principal structure shall not extend above the facade of the building.
(4) 
The top of freestanding signs shall not exceed the height of the principal structure or the height indicated below, whichever is less:
Height
(feet)
Location
20
On a state highway
15
On a county road
8
On a municipal road
(5) 
Signs, whether portable, permanent or temporary, other than municipal, county or state signs, shall not be erected within the right-of-way of any street or approved sight easements nor shall any sign be located so as to constitute a traffic hazard.
(6) 
Distance to street rights-of-way.
(a) 
Signs shall not be located closer than the following distances to street rights-of-way:
[Amended 8-31-1999 by Ord. No. 1999-16]
Area of Sign
(square feet)
Minimum Distance
(feet)
25 or less
15
26 to 75
20
76 or more
30
(b) 
The reviewing board shall be authorized to waive the strict application of these standards because of local site conditions if strict adherence would cause inconvenience to the public or constitute a hazard.
(7) 
Directional signs having areas of less than three square feet are exempt from area and location regulations, provided that they do not constitute a hazard to the traveling public, but shall be shown on an approved site plan.
(8) 
All illuminated signs must comply with the following regulations:
(a) 
All lights used for the illumination of any sign shall be completely shielded from view of vehicular traffic and shall be directed so as to prevent glare onto adjacent properties.
(b) 
No sign shall be illuminated from an internal light source unless it complies with the following requirements:
[1] 
All internally illuminated signs shall be designed to minimize glare.
[2] 
The light source shall not be visible from outside the sign and shall be diffused to eliminate hot spots.
(c) 
Any illuminated sign located within 100 feet of a residential zone or an existing residence shall require a variance.
(9) 
The area surrounding ground signs shall be kept clean, neat and landscaped. The tenant, owner or occupant to which the sign applies shall be responsible for maintaining the condition of the area. Common or directional signs shall be maintained by the property owner or his/her designee.
(10) 
All signs shall be kept in good repair. Structural elements, casings, faces, lettering and lighting shall be maintained.
(11) 
Whenever a sign shall become structurally unsafe or shall endanger the safety of the building or the public, the Construction Code Official shall order that such sign be made safe or removed. Such order shall be complied with within 10 days of receipt thereof by the person owning or using the sign or the owner of the building or premises on which such unsafe sign is affixed or erected.
(12) 
Applicants shall also comply with all applicable county, state and federal sign regulations.
E. 
Permitted signs. The following signs are permitted:
(1) 
Temporary signs.
(a) 
Temporary signs, including banners, pennants and flyers, are permitted only for a special event, such as an election or sale, and shall be removed by the advertiser within five days after the event shall have taken place.
(b) 
No permit shall be required for such temporary signs, provided that they do not exceed 16 square feet.
(c) 
In no case shall temporary signs, other than election signs, remain in place for more than four weeks.
(2) 
Real estate signs, provided that they comply with the following requirements:
(a) 
They must pertain only to the lease or sale of the lot upon which they are placed.
(b) 
They shall not exceed 16 square feet in area.
(c) 
They shall be removed within seven days after the consummation of the lease or sale transaction.
(3) 
Window signs.
(a) 
Establishments in business districts shall be permitted temporary signs displayed in windows for the advertising of community events and for the advertising and promotion of special services and goods available on the premises.
(b) 
Such signs shall not be placed on doors and may be located only on the interior of the windows.
(c) 
The total sign coverage cannot exceed 30% of the business' interior window.
(d) 
In no case shall temporary window signs remain in place for more than four weeks.
F. 
Prohibited signs. All signs which are not specifically permitted herein are prohibited. In addition, the following signs are specifically prohibited:
(1) 
Billboards and other signs which advertise products, services or activities conducted off premises.
(2) 
Permanent changeable copy displays are not permitted, except for public schools, churches and other institutions of similar public or semipublic nature. These signs are permitted on the institution's premises only.
(3) 
All signs which move, rotate or use flashing lights or utilize mechanically changing displays, except for time-and-temperature signs.
(4) 
Portable or movable signs.
(5) 
External neon or fluorescent signs of any kind.
(6) 
Fully lighted canopies.
(7) 
Internally lighted exterior signs are not permitted in the Village/Business Zone.
(8) 
Advertising signs shall not be permitted in any residential district in the municipality.
G. 
Termination of use.
(1) 
All legally existing signs, on the date of the passage of this section, not conforming to the requirements of this section may be continued on the premises on which they are then located, provided that they are not altered, replaced or enlarged. Any such sign must be maintained in good condition, and in the event that any such sign is partially destroyed by the elements or other causes beyond the control of the owner, the same may be repaired or restored to its original condition.
(2) 
Any location where business goods are no longer sold or produced, or where services are no longer provided, shall have 90 days to remove any remaining or derelict on-premises signs following notification by the municipality and at the expense of the owner of such property. Where due written notification has been given by the municipality and compliance has not been within the required ninety-day period, the municipality may cause removal of such sign, with the cost for such removal to be attached to the property.
A. 
All street trees and on-site deciduous shade trees shall be not less than two-inch caliper measured one foot above the root crown at the time of planting. Shade trees shall be located on the street line so as not to interfere with utilities or sidewalks.
B. 
Evergreen trees shall not be less than four feet in height at the time of planting.
C. 
Deciduous trees shall not be less than seven feet in height at the time of planting.
D. 
Shrubs shall not be less than two feet in height at the time of planting, except in areas of sight triangles at road intersections where low-growing shrubs are recommended.
E. 
All plants shall conform to the standards as set forth in American Standard for Nursery Stock, published by the American Association of Nurserymen, Inc., 955 Southern Building, Washington, D.C.
F. 
All planting shall conform to the United States Department of Agriculture map of hardiness zones for Sussex County, New Jersey.
G. 
Trees, when planted, shall be balled and burlapped and properly staked.
H. 
The above listed standards are the minimum allowed under this chapter. A greater height or size of any evergreen tree, deciduous tree, shrub or plant may be required by the Board when, for reasons of topography or other conditions of the land, the minimum size planting set forth herein is not adequate to serve as a buffer between dissimilar uses as is defined in § 100-3 of this chapter. The Board shall have the right to require the construction of berms out of the use of a combination of natural and manmade materials to ensure that an adequate buffer exists between dissimilar uses in order that the objectives set forth in §§ 100-35 and 100-3 of this chapter are accomplished.
[Added 11-26-1996 by Ord. No. 1996-19]
[Amended 2-28-2006 by Ord. No. 2006-3]
The Residential Site Improvement Standards as are set forth in N.J.A.C. 5:21-1.1 et seq. as the same shall be amended from time-to-time hereafter are hereby incorporated by reference. All residential development shall comply with the aforesaid regulations. Further, to the extent applicable, all nonresidential development shall also comply with the aforesaid regulations.
The following design standards are applicable to Industrial Zones, in addition to the design standards as set forth for all zones:
A. 
General application. As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment within the Industrial Zone, the applicant shall supply evidence, satisfactory to the Planning Board or to its designated representative, that the proposed use, structure, process or equipment will conform fully with all of the applicable performance standards.
B. 
As evidence of compliance, the Board may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The Planning Board may require that specific types of equipment, machinery or devices be installed or that specific operating procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with applicable performance standards. Permits and certificates required by other government agencies shall be submitted to the Planning Board as proof of compliance with applicable codes.
C. 
A building permit or certificate of occupancy shall be issued only when the intended use will not exceed the following limitations or violate the following requirements. The following standards, including but not limited to radiation, smoke emission, solid particle emission or steam or noxious gas emission, shall be in accordance with regulations of the Air Pollution Code of New Jersey, Department of Environmental Protection, and shall meet the maximum standards as set forth therein.
(1) 
Fire and explosion hazards. All activities shall be carried on only in fireproof structures which conform to the standards of the National Board of Fire Underwriters or the Borough Building Code or Fire Prevention Code, whichever is the more restrictive. All operations shall be carried on and explosive raw materials, fuels, liquids and finished products shall be stored in accordance with the standards of said Board of Fire Underwriters.
(2) 
Radioactivity. Any industry which emits radioactivity is prohibited.
(3) 
Odors. There shall be no emission of odorous gases or other odorous matter in such quantity as to be readily detectable without instruments. Table III, Odor Thresholds, in Chapter 5, Air Pollutions Abatement Manual, copyright 1951 by the Manufacturing Chemist Association, Inc., Washington, D.C., or the latest approved revision thereof, shall be utilized as a guide in determining such quantities of offensive odors.
(4) 
Smoke. There shall be no emission of visible gray smoke of a shade darker than No. 1 on the Ringlemann Smoke Chart, as published by the United States Bureau of Mines (Power's Micro-Ringelmann Chart, McGraw-Hill Publishing Company, copyright 1954, may be used) except that visible gray smoke of a shade not darker than No. 2 on said chart shall be emitted for not more than five minutes in any one-hour period. These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity.
(5) 
Dust. Solid or liquid particles shall not be emitted in concentration exceeding two-tenths (0.2) grain per cubic foot of the conveying gas or air. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500º F. and 50% excess air.
(6) 
Gases and other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases or other forms of air pollution shall be permitted which can cause any damage to the health of persons, animals or vegetation or other forms of property or which can cause excessive soiling.
(7) 
Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site in which such use is conducted.
(8) 
At no point on the boundary of the property on which a use is conducted shall the sound pressure level of any individual operation or plant (other than background noises produced by sources not under control of this chapter, such as the operation of motor vehicles or other transportation facilities) exceed the decibel levels in the designated octave bands shown below:
Octave Band
(cycles per second)
Sound Pressure Level
(in decibels)
0 to 75
72
75 to 150
67
150 to 300
59
300 to 600
52
600 to 1,200
46
1,200 to 2,400
40
2,400 to 4,800
34
Above 4,800
32
(9) 
Control of glare or heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point beyond the lot lines.
(10) 
Outdoor storage and waste disposal.
(a) 
No flammable or explosive liquids, solids or gases shall be stored in bulk underground; provided, however, that tanks or drums of fuel directly connected with energy devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision.
(b) 
All outdoor storage facilities for fuel, raw materials and products and all fuel and all raw materials and products stored outdoors shall be enclosed by a fence adequate to conceal the facilities from any adjacent properties.
(c) 
All materials or wastes shall be deposited upon a lot in such form and manner that they may not be transferred off the lot by natural causes or forces.
(d) 
All material or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
(11) 
Industrial wastes or sewage. No use shall be conducted in such a way as to discharge any treated or untreated sewage or industrial waste treatment and disposal except as shall be approved by the Health Officer and the approving authority.
(12) 
Provision and use of water. All water requirements shall be stated in the application. Water shall be supplied from wells only after an approved or geologic study furnished by the applicant and certification by a professional geologist that the underground water supply and levels will not be appreciably altered in such way as to endanger the water level and supply for other properties.
D. 
Buffer areas. Buffer areas shall be constructed and maintained in accordance with the provisions of § 100-135.
Design standards for the Highway Commercial Zone are as follows:
A. 
Buffer areas. Buffer areas shall be constructed and maintained in accordance with the provisions of § 100-135.
B. 
Commercial uses in the Highway Commercial Zone may display goods for sales purposes or store goods for sale on the premises outside of the principal structure in which such use is carried on, provided that such outdoor selling or storage areas shall not encroach upon any of the required yard areas or the required off-street parking areas for the zone in which they are located, and further provided that the area set aside for such outdoor selling or storage shall not exceed an area equal to the gross floor area of the principal building. In the calculation of the percentage of the lot occupied by buildings and the required off-street parking area, the area of such outdoor selling or storage areas shall be included in the same manner as the area of the principal building. The area to be used for any such outdoor selling or storage areas shall be appropriately set forth at the time of application for a zoning permit. Any subsequent establishment or relocation of such areas shall be subject to the issuance of a supplementary zoning permit. Nothing in this subsection shall be construed to permit the outdoor storage of goods in transit or goods intended for sale at other than the point of storage.
The following design standards are applicable to High Density Residential Zones, in addition to the design standards set forth for all zones.
A. 
Prior to and as a condition precedent to the issuance of any building or occupancy permit for the construction and/or use of any high density residential building, the Borough Planning Board shall review and approve a site plan for the entire proposed high density residential project as required by Article VI.
B. 
Access. Every residential development site shall abut, be contiguous to at least a minimum length of 100 feet of and have permanent access to a municipally approved public street, constructed in accordance with current Borough road design standards.
C. 
Utilities. All utilities and other similar facilities shall be provided for the multifamily dwelling development and shall be independent for the property without dependence upon other properties. Connection to a publicly owned or publicly controlled water supply system and sewage system, which have been determined as adequate to serve the development, shall be required. All utility installations shall be underground, in accordance with the subdivision regulations.
D. 
Building layout. Buildings shall be designed so that a minimum break of 10 feet, either forward or backward from the nominal building line of the front facade, shall occur between building segments thereof containing eight or less dwelling units. A maximum of three such building segments may be parallel, attached end to end, after which the next building segment shall be oriented 90º to the nominal building line as to create an open courtyard. In no event shall the closest point between two buildings be less than 50 feet.
E. 
Building length. No high density residential building shall exceed a total of 180 feet as measured along the front building line.
F. 
Sidewalks. Concrete sidewalks of a width of not less than four feet and a thickness of not less than four inches shall be constructed of Class B concrete on both sides of any street within the development, completely around each building and to and from each parking lot. Sidewalks shall also be constructed from each building to buildings in such design as may be approved by the Planning Board.
G. 
Parking location and design. All parking spaces shall be related to the dwelling units so that the maximum walking distance therefrom to the exterior building entrance of any dwelling unit shall not exceed 200 feet. Parking in any private street within the entire development shall be prohibited and shall be confined to areas specifically designated on the site plan for that purpose. Parking spaces shall be a minimum of 200 square feet for each car and shall not be placed closer to any building than 20 feet. Parking areas may be constructed only in rear and side yards, but in no event closer than 50 feet to any side or rear lot line. No parking areas whatsoever shall be constructed within a front yard setback area.
H. 
No dwelling unit may be occupied unless and until all on-site improvements in connection with that dwelling unit and the building in which it is located shall have been completed.
I. 
Buffer areas. Buffer areas shall be constructed and maintained in accordance with the provisions of § 100-135.
J. 
Antennas. Not more than one external master television antenna shall be permitted on each residential building, and no individual antennas shall be permitted of any kind.
K. 
Roadway and driveway maintenance. The owner-operator or owners' association of the high density residential tract shall, at his own expense, maintain, repair, regulate and prevent obstruction of all roadways, driveways and parking areas, including the prompt and adequate removal of snow, ice, leaves or any debris therefrom, no parking shall be permitted on access drives or roadways.
L. 
Homeowners' association. In all projects in which there is common property or common open space, a homeowners' association shall be established for the purpose of owning and maintaining such common property designated within a development, provided that the Planning Board and governing body are satisfied that the homeowners' association will have a sufficient number of property owners to reasonably expect a perpetuation of the association in a manner enabling the association to meet its obligations and responsibilities. If established, a homeowners' association shall incorporate the following provisions:
(1) 
Membership in the homeowners' association by all property owners shall be mandatory. Required membership and the responsibilities upon the members shall be in writing between the association and each property owner in the form of a covenant, with each agreeing to liability for his pro rata share of the association's costs.
(2) 
The association shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the association and shall hold the municipality harmless from any liability.
(3) 
The assessment levied by the association upon each property owner shall become a lien on each owner's property in accordance with the provisions of N.J.S.A. 46:8B-21. The association shall be allowed to adjust the assessment to meet changing needs, and any deeded lands may only be sold, donated or conveyed to the municipality for public purposes.
(4) 
The association shall clearly describe in its bylaws all the rights and obligations of each tenant and property owner, including a copy of the covenant, model deeds and Articles of Incorporation of the association, and the fact that every tenant and property owner shall have the right to use all common properties. These shall be set forth as a condition of approval and shall be submitted prior to the granting of final approval.
(5) 
The association shall maintain the common property and all facilities thereon. In case of default by the association, the municipality shall have the power to maintain the common property or common open space in accordance with the provisions of N.J.S.A. 40:55-57c.
(6) 
The Articles of Incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the homeowners' association shall be transferred to the property owners, based on a percentage of the dwelling units sold and/or occupied, and shall clearly indicate that the municipality may perform such maintenance and repair work that may be required in the public interest where the association has not performed, with the costs being levied upon each property owner according to his pro rata share in the association and which may become a lien on the property.
(7) 
The homeowners' association shall comply in all respects with all other requirements of any federal, state or municipal statute, regulation or ordinance.
A. 
Illumination at ground levels shall be as follows:
Area Classification
Commercial
Intermediate
Residential
Roadway and Walkway Classification
Foot-
candle
Lux
Foot-
candle
Lux
Foot-
candle
Lux
Vehicular Roadways
Collector or arterial
1.2
13
0.9
10
0.6
6
Local
0.9
10
0.6
6
0.4
4
Alleys
0.6
6
0.4
4
0.2
2
Pedestrian
Walkways
Sidewalks
0.9
10
0.6
6
0.2
2
Pedestrianways
2.0
22
1.0
11
0.5
5
B. 
Mainline and ramps.
(1) 
Minimum average design illumination levels shall be:
(a) 
industrial parking areas: 1.5 footcandles.
(b) 
Other industrial uses: 2.0 footcandles.
(c) 
Loading areas: 5.0 footcandles.
(d) 
Pedestrian areas: 1.5 footcandles.
(e) 
Driveway entrances: 3.0 footcandles.
(f) 
Gasoline pump islands and service areas: 20.0 footcandles.
(g) 
Streets.
[1] 
Arterial: 1.4 footcandles.
[2] 
Collector: zero and nine-tenths (0.9) footcandle.
[3] 
Minor: zero and six-tenths (0.6) footcandle.
(h) 
Intersections: 2.0 footcandles.
(i) 
Parking areas: 1.0 footcandle.
(j) 
Plant entrances: 2.0 footcandles.
(2) 
Intersections shall be at least the sum of minimal illumination of the intersecting streets.
(3) 
Minimum illumination at a point shall not be less than one-third (1/3) of the above minimum design levels.
(4) 
Maximum illumination at property lines from ground level and above shall not exceed one footcandle.
C. 
Location of sources.
(1) 
Sources of illumination shall be shielded so as to reflect no light at property lines at an elevation of four feet and above.
(2) 
Lighting shall be so arranged as to reflect the light away from adjoining premises.
D. 
Poles for all but street-related lighting.
(1) 
Poles shall be rustproof metal or decorative wood, utilizing underground wiring.
(2) 
Height of poles.
(a) 
In pedestrian areas, poles shall be not more than 15 feet in height.
(b) 
Parking, driveway and loading areas shall have a minimum clearance of 14 feet and are not to exceed 25 feet in height.
A. 
Purpose. The purpose of this area is to recognize the increased threat, severity and frequency of higher water levels along most streams, rivers and lakes as a result of increased development. It is intended to render areas adjacent to streams, rivers and lakes free from structures and other obstructions to the water flow during periodic rises in the water level so that rising water level may have a natural course to flow, the watercourses may not be constricted or altered in a manner that will increase water velocities or create a dam, the water may rise without danger to persons or property and the water may rise and cover larger land surfaces for the purpose of greater water percolation and recharging of the underground water supply.
B. 
Permitted uses. In the floodways and flood hazard area, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
(1) 
Parks and playgrounds, picnic groves and open spaces.
(2) 
Soil conservation activities which do not require fill borrowed from outside the immediate floodway, do not require the erection of structures, do not require channel modification or relocation, do not obstruct flood flows, do not affect the water-carrying capacity of any delineated floodway or channel and do not increase off-site flood damage potential.
C. 
Prohibited uses. The following are prohibited uses:
(1) 
The placing, depositing or dumping of solid wastes in the floodways and flood hazard areas.
(2) 
Processing, storing or disposal of pesticides, domestic wastes, radioactive materials, petroleum products or hazardous materials.
(3) 
Erection of structures for the occupancy of humans or livestock or kennels for the boarding of domestic pets.
(4) 
Storage of materials, equipment or construction of septic systems for residential or commercial use.
D. 
State regulations. Notwithstanding any other provision of this section, whenever land contained within the floodways and flood hazard area is also designated as a floodway and a flood hazard area pursuant to N.J.S.A. 58:1A-50 et seq., no use or structure shall be permitted except in conformity with said statute and the regulations promulgated pursuant thereto.
E. 
More precise delineation of the boundaries of this area shall be obtained from the reference to a map entitled, "Land Subject to Flood, Stanhope Borough," dated October 1975, prepared by the Sussex County Soil Conservation District and the Sussex County Planning Board.
A. 
Buffer areas applicable to High Density Residential Zones, Industrial Zones and Highway Commercial Zones, other than single-family detached residences abutting Low Density Residential Zones, Medium Low Density Residential Zones, Medium Density Residential Zones, Residential Conservation Zones and Historic Village Residential Zones, shall provide a buffer area on either side or sides facing said single-family residences as follows:
[Amended 9-26-1995 by Ord. No. 1995-20]
Zone
Minimum Buffer Strip
(feet)
High Density Residential Zone
50
Industrial Zone
50
Highway Commercial Zone
50
Planned Light Industrial/Commercial Development Zone
[Added 11-26-1996 by Ord.No. 1996-19]
50
B. 
No principal or accessory structure or any off-street parking or loading areas or other use shall be permitted within the buffer area, except as permitted by the Planning Board on site plan review.
C. 
No access or driveways, other than as may be permitted by the Planning Board under the site plan review, shall be permitted within a buffer area.
D. 
Buffer areas shall be maintained in their natural state when wooded and, whether or not wooded, shall be planted with evergreens or similar natural year-round screening and/or fencing to form a year-round visual barrier. Buffer areas shall be maintained in conformity with § 100-128. The entire buffer area shall be maintained and kept clean of all debris and rubbish.
[Amended 11-26-1996 by Ord. No. 1996-19]
E. 
It shall be the responsibility of the owner or owners to maintain any buffer areas and replace plants if they die or repair or replace fences if and when necessary.
F. 
The certificate of occupancy for the use of the premises shall not be issued until such time as the landscaping requirements, as set forth in this section, are installed with the plan approved by the Planning Board pursuant to § 100-128. In the event that the season is not appropriate, the certificate of occupancy shall not be issued until a performance bond, in the amount estimated equal to 120% of the total estimated cost of the installations, is posted with the Borough Council. In any event, a maintenance bond shall be posted with the Borough Council, in an amount equal to 15% of the total estimated cost, to ensure that the installed landscaping complies with the requirements set forth above at the completion of the second growing season.
A. 
No driveway which intersects with the right-of-way line of any public road within the Borough of Stanhope may be constructed or modified unless the owner of the land in which the driveway is to be constructed or modified first obtains a building permit from the Building Construction Official. A driveway is modified within the means of this development regulation when it is paved, widened, narrowed or when its location or grade is changed. A modification shall not include resurfacing of an existing paved driveway. All driveways that intersect with the right-of-way line of any public road within the Borough of Stanhope, which is being constructed subsequent to the effective date of this development regulation, and all such driveways existing on the effective date of this development regulation which are modified subsequent to the effective date of this development regulation shall be constructed in accordance with the following minimum requirements:
(1) 
The driveway shall have a minimum driving width of 10 feet and have a maximum slope of 9%, except as provided in Subsection A(2) hereof.
(2) 
The first 15 feet, as measured from the traveled way, shall not exceed 3.5%.
(3) 
Driveways shall be constructed so as to be perpendicular to the traveled way of the public road for a distance at least 15 feet from the edge of the traveled way and shall intersect the traveled way at the perpendicular.
B. 
All driveways shall be constructed and maintained at all times by the owner of the land upon which they are located and in such a manner as to prevent the erosion of soil from the driveways and the land behind them and the obstruction of or the interference of drainage within the right-of-way.
C. 
All driveways shall be constructed as follows:
(1) 
A minimum base course of four inches compacted thickness of one-and-one-half-inch quarry process blend stone thoroughly rolled and compacted, and a minimum surface course of one-and-one-half-inch compacted thickness of bituminous concrete, Type FABC 1.
(2) 
All construction methods shall comply with the New Jersey State Highway Specifications for Road and Bridge Construction and all amendments and revisions thereto.
D. 
Except for driveways servicing multiunit structures or groups of structures, no driveway shall serve more than one structure or one residential dwelling unit.
[Amended 6-28-2005 by Ord. No. 2005-8]
E. 
No building permit shall be issued by the Building Construction Official for the construction or modification of any driveway unless a plan is submitted showing the location, dimensions and grade.
A. 
The purpose of an environmental impact statement is to provide for evaluating the impact of any proposed development upon the environment of the Borough of Stanhope, the resources of the region and to protect the quality of Lake Musconetcong. Such statement shall be provided for site plans and major subdivisions and for any other development or site disturbance requiring a Borough of Stanhope permit, except as exempted in Subsection A(2) below. The statement shall provide the information needed to evaluate the effects of a proposed development upon the environment and shall include data and be distributed, reviewed and passed upon as follows:
(1) 
No site shall be disturbed or developed within the Borough of Stanhope by any person, partnership, corporation, public agency or entity within this municipality unless the environmental impact statement has been submitted to the Borough of Stanhope municipal agency in accordance with the specifications and procedures required by this chapter, except the minimum required for obtaining the data needed to comply with state, county and municipal requirements. The Borough of Stanhope and other public bodies shall abide by this chapter in the development of land owned or leased by the Borough of Stanhope or other public bodies.
(2) 
No environmental impact statement shall be required for one-family dwelling units unless they are in an area designated as "soils frequently flooded" or "soils occasionally flooded" on the Land Subject to Flooding Map of Stanhope Borough, as well as in areas designated as "seasonal high-water table within four feet of surface" or "bedrock within four feet of surface" on the Depth to Bedrock and Seasonal High-water Table Map of Stanhope Borough, both prepared by the Sussex County Soil Conservation District and Sussex County Planning Board in October 1975. Other areas which shall require an environmental impact statement are critical slope areas or areas requiring road construction for accessibility.
(3) 
The environmental impact statement shall include the following:
(a) 
A project description, complete with maps and drawings, which shall specify what is to be done and how it is to be done during construction and operation. The description shall include a key map, showing the location of the project and how it relates to the surrounding region affected thereby.
(b) 
A description of the project, specifying in the form of maps, drawings, graphs or similar visual aids and also by narrative what is to be done and how it is to be done during and after construction of the project, including the information and technical data adequate to permit a careful assessment of the environmental impact of the project, including but not limited to vegetation, contours, buildings, roads, paved areas, grading and regrading, adjacent natural streams, stream encroachment boundaries, the project's relation to surrounding property and utility lines and buffer areas for noise and light control.
(4) 
Environmental conditions inventory.
(a) 
An inventory of existing environmental conditions at the project site and in the affected region shall describe:
[1] 
Sewer facilities.
[2] 
Water supply.
[3] 
Water quality.
[4] 
Hydrology.
[5] 
Air quality.
[6] 
Traffic noise, volume and flow.
[7] 
Light characteristics and levels.
[8] 
Noise.
[9] 
Geology.
[10] 
Topography.
[11] 
Soils and properties thereof, including capabilities and limitation.
[12] 
Vegetation, including deciduous trees of three inches or greater in diameter, coniferous trees of four inches or greater in diameter, shrubs and ground covers.
[13] 
Wildlife.
[14] 
Aquatic organisms.
[15] 
Land use aesthetics.
[16] 
Historical sites.
[17] 
Archeological features.
(b) 
Where applicable, quality standards shall be described with reference to those promulgated by the Department of Environmental Protection of the State of New Jersey or federal agencies.
(5) 
An assessment, supported by environmental data, of the environmental impact of the project shall be set forth. The assessment shall include an analysis of the public costs, such as but not limited to noise, roads, water supply, sewage disposal and other similar direct and indirect costs of the project, including the effect on recreational facilities, open space and other similar municipal services. Said assessment shall specifically include the following and, wherever possible, the assessments shall describe the anticipated impacts with reference to standards as may have been determined by federal, state and local statutes:
(a) 
Sewerage facilities.
[1] 
If disposal is to be on site, data on underlying geology, water table, soil analysis, soil stratigraphy, percolation tests for every sewage disposal site, topography, location and depth of aquifers and depth, capacity and type of construction of all wells within 500 feet of the site and any other pertinent data shall be included.
[2] 
If disposal is off site, data on plant design capacity; monthly average and peak flows for the past 12 months; daily average and peak flows; enforcement action against plant, if any; capacity of plant to treat industrial or commercial wastes, if applicable; receiving water quality standards; stream quality data from state, federal or private sources; stream flow, minimum average seven-consecutive-day flow, with frequency of occurrence of 10 years; plans for sewage treatment facility local plants; state regional planning policy; and total flows expected from other approved subdivisions which are dependent upon sewage treatment facilities in question, plus a copy of the national pollutant discharge elimination system permit shall be included.
[3] 
Any collection system, including individual lot septic systems, shall be designed in accordance with the requirements of the state agency having jurisdiction and/or Borough ordinances enforced by the Borough Board of Health, whichever is more restrictive, and shall be subject to approval by the Borough Board of Health.
(b) 
Water supply.
[1] 
If supply is from on-site sources, data on location and depth of all private and public water supplies within 1,000 feet of the realty improvement; location, depth and adequacy of proposed private or public water supplies to serve the proposed realty improvement; and geologic description of subsurface conditions, including expected groundwater yields, using published geologic reports or a report by a geologist shall be included.
[2] 
Compliance with all state and local regulations.
[3] 
If supply is from the existing water system, a statement must be included stating the maximum number of hours of operation daily and the number of gallons pumped by each public well. The statement shall also include the estimated peak and average daily number of gallons of increased usage from the proposed development.
(c) 
Drainage.
[1] 
A showing that stormwater runoff from the site is so controlled that on- and off-site erosion is neither caused nor worsened and that the potential of downstream flooding is not increased and showing that it is in accordance with § 100-126.
[2] 
Floodplains description of potential flood damages, including a summary of flood stages from state, federal or county sources shall be included.
(d) 
The District Solid Waste Management Plan required pursuant to the Solid Waste Management Act, P.L., 1970, c. 39 (N.J.S.A. 13:1E-1 et seq.), of the county in which the municipality is located.
[Amended 7-30-1991 by Ord. No. 1991-15]
(e) 
Air quality. A statement of anticipated effects on air quality due to on-site activities, such as heating, incineration, any processing of materials and traffic, in compliance with federal and New Jersey standards shall be required.
(f) 
Traffic. An inventory of existing and projected flow on all bordering and access roads and a determination of air pollution and noise caused thereby shall be included.
(g) 
Land disturbance. Possible impact of the project due to the stripping of vegetation, grading or other soil disturbance shall be included.
(h) 
Possible impact of the project on land use aesthetics, historical sites and archeological features shall be included.
(i) 
Energy use. The applicant must submit information on the utility's capacity to satisfy needs of the development and measures being planned to minimize the total consumption of energy.
(j) 
Noise. A statement of anticipated impact of noise levels, magnitude and characteristics related to on-site activities and proposed method or methods of control shall be included.
(k) 
Artificial light. A statement of anticipated effect on light levels, magnitude and characteristics related to on-site activities and proposed method or methods of control with particular attention to the control of sky glow shall be included.
(l) 
A list of all licenses, permits and other approval required by municipal, county, state or federal law shall be provided.
(6) 
Steps to minimize and mitigate environmental damage. A description of steps to be taken to minimize and mitigate adverse environmental impacts during construction and operation, both at the project site and the affected region, shall be included, such description to be accompanied by necessary maps, schedules and other explanatory data as may be necessary to clarify and explain the actions to be taken.
(7) 
A listing and evaluation of adverse environmental impacts and damages to natural resources which cannot be avoided shall be included, with particular emphasis upon but not limited to air or water pollution; increased noise; damage to plants, trees and wildlife systems; displacement of people and businesses; displacement of existing historical sites; and increase in sedimentation and siltation. Off-site impact shall also be set forth and evaluated.
(8) 
Alternatives. A statement of alternatives to the proposed project which might avoid some or all of the adverse environmental effects of the proposed project shall be included. The statement shall include the advantages and disadvantages of each alternative as compared to current conditions.
(9) 
A reference list of pertinent published information relating to the project, project site and surrounding region and used in the preparation of the environmental impact statement shall be submitted.
B. 
General requirements.
(1) 
Filing. Applicants shall submit 10 copies of the environmental impact statement, as well as drawings, maps and charts, to the Planning Board, together with a filing fee pursuant to Chapter 82, Fees, of the Code of the Borough of Stanhope.
(2) 
Reviews and inspections.
(a) 
Upon submission of the environmental impact statement to the Secretary of the Board, copies, including all maps and engineering studies, shall be distributed to the officials named below, and one copy shall be available in the office of the Clerk or other designated place for any person to review.
(b) 
The Board shall, as part of its review procedure, take into account the environmental effect of the applicant's proposal. The Board shall not approve any submission hereunder unless it determines and finds that the proposed development will not result in appreciable harmful effects to the natural environment, has been designed and conceived with a view toward the protection of natural resources and will not place a disproportionate or excessive demand upon the total resources available for such proposal and for any future proposal.
(c) 
The following reviews and inspections shall be conducted within the time specified:
[1] 
The Borough Engineer will, within 30 days of receipt of one copy of the applicant's environmental impact statement, review all maps and documents and make a site inspection to verify the environmental conditions and make a report to the Board with a copy to the Environmental Commission.
[2] 
The Borough Council will, within 30 days of receipt of one copy of the applicant's environmental impact statement, review the environmental impact statement, with special attention to § 100-138A(5)(a) and (b), and then follow with a report to the Board and a copy to the Environmental Commission.
[3] 
The Board of Health will, within 30 days of receipt of one copy of the applicant's environmental impact statement, review the environmental impact statement and follow with a report to the Board and a copy to the Environmental Commission.
[4] 
The Construction Official will, within 30 days of receipt of one copy of the applicant's environmental impact statement, review the environmental impact statement and follow with a report to the Board and a copy to the Environmental Commission.
[5] 
The Environmental Commission, using the services of a consultant, if necessary, upon notice to the applicant and charging costs as per Chapter 82, Fees, of the Code of the Borough of Stanhope, after receiving three copies of the applicant's environmental impact statement and within 30 days thereof, shall present its review and recommendations to the Board for final determination. The Environmental Commission shall consider the cumulative long-term effects of the proposed project.
(d) 
The word "Board," as used in this section, shall refer to the Planning Board.
[Amended 5-28-2002 by Ord. No. 2002-5]