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.
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.
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.
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.
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.
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:
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).
(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:
(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:
(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.
(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:
(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.
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.
(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.
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]
