Article XII Design and Performance Standards

General.

Where a park, playground, recreation area, school or other site for public use is proposed in whole or in part in the applicant's development or where natural site features are to be preserved for public use, the method of reserving such areas for open space, whether by easement, deed restriction, dedication, homeowners' association or other means, shall be approved by the reviewing board. Where land is dedicated to the Township, it shall be submitted to the governing body for acceptance. In the selection of the location of open spaces, consideration shall be given to the preservation of natural features.

For all major subdivisions in excess of 10 lots, a minimum of 20% of the land area proposed for development under a development application shall be set aside for open space. The reviewing board may require a greater percentage if it determines upon its review that the intent and purpose of requiring open space require the establishment of a greater area. For the purposes of this section, the term "open space" is defined to mean any area of land (exclusive of lot yard requirements, streets, utility rights-of-way and detention basins) or water which is open to the sky and which is dedicated, designated or set aside for active or passive recreational use. Open space areas shall be improved with only those buildings, structures, streets, off-street parking and other improvements which are incidental to the openness of the land. For the purposes of calculation, only 50% of lands defined as wetlands as determined by the United States Department of the Interior, Fish and Wildlife Service, prepared by the Office of Biological Services, will be permitted in the calculation of a tract's required open space. However, if 50% of the tract is undevelopable wetlands, then the Planning Board may waive the open space requirement.

[Added 8-25-1987 by Ord. No. 1987-9-6]

Developed open space.

In order to provide for the safety and general welfare of the public, all residential developments which will result in five or more dwelling units shall set aside no less than 1,500 square feet of developed open space per dwelling unit for recreational functions.

Developed open space shall consist of developable land devoid of buildings and other physical structures except for outdoor recreational facilities. Developed open space shall not include streets, drives, easements, walkways or parking lots or include school sites, clubhouses, indoor recreational facilities or retention basins not specifically designed for recreation use.

The location, form and design of such areas shall be approved by the reviewing board. The area specifically designated for recreational purposes shall be fully usable for that purpose and shall have all improvements as required by this chapter. Wherever possible, recreation sites should be located adjacent to school sites. The applicant shall determine whether the land to be utilized for recreational purposes shall remain for private recreational uses or be dedicated for public use.

Exception. In special circumstances where the development will result in not fewer than five nor more than 10 dwelling units and where, due to the size, location and design requirements of the development, it is not feasible in the opinion of the reviewing board to set aside such area or areas for developed open space, the applicant shall make a payment in lieu of the provision of such open space land to the Township. Such payments shall be placed in a special recreational open space land fund to be utilized solely for the purchase of or improvement of public recreational open space. The amount of the payment shall be equal in the size and character to land which would otherwise be provided within the development itself in compliance with the regulations of this chapter.

Improvements. The developer shall install as a minimum the following recreational facilities or their equivalent on the land which has been set aside for recreational purposes:

Dwelling Units	Tot-Lots	Tennis Courts	Basketball Courts	Multipurpose Fields
1 to 4	-	-	-	-
5 to 25	1	-	-	-
26 to 50	1	-	1	-
51 to 100	1	1	1	-
101 to 150	2	1	2	-
151 to 200	2	2	2	1
201 to 250	3	2	2	1
251 to 300	3	3	2	1
301 to 350	4	3	3	1
351 to 400	4	4	3	2
401 to 450	5	4	3	2
451 to 500	5¹	5²	4³	2⁴

NOTES:
¹ Plus one for every 100 units or fraction thereof over 500.
² Plus one for every 200 units or fraction thereof over 500.
³ Plus one for every 125 units or fraction thereof over 500.
⁴ Plus one for every 200 units or fraction thereof over 500.

Undeveloped open space. Undeveloped open space for parks and for preserving natural features in an undisturbed state shall be provided in accordance with the following standards:

Land area shall be based upon a minimum ratio of one acre of land per 50 dwelling units or fraction thereof, except that in special circumstances where due to the size, location and design requirements of the development it is not feasible, in the opinion of the reviewing board, to set aside such area or areas for undeveloped open space, a lesser amount may be permitted.

No removal of natural growth, grading or depositing of debris shall be permitted in any area designated as a proposed park or other public site.

§ 104-98 Apartments and townhouses.

General standards. Apartments and townhouses are regulated and shall be reviewed to promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions, provide for the preservation of the environment, provide sufficient space in appropriate locations for a variety of residential uses in order to meet the needs of a variety of citizens and promote a desirable visual environment through creative development techniques and good civic design.

Regulations. No apartments or townhouses shall be erected unless public or private central water supply and a central sanitary sewer system are provided as approved by appropriate state, county and local regulatory agencies and until the site plan has been reviewed and approved by the reviewing board and the Fire Marshal.

Overall theme. Each overall development shall have a compatible architectural and landscaping theme with variations in design to provide attractiveness to the development. Each project shall specify how each of the following considerations has been incorporated in the overall plans: landscaping technique; building orientation to the site and to other structures; topographic natural features such as wooded areas, drainage courses, soil conditions and topographic relief; and building design features such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination.

Configuration.

The configuration of structures may be any alignment that meets the yard requirements and does not exceed the following overall or component building lengths:

NOTES:
Dimension a: 200 feet on one plane.
Dimension b: 340 feet on any angle.
Dimension c: 500 feet along the center line.

Any passageway between two structures which has a roof attached to both structures shall be included in calculating these lengths. Structures, as measured along the center line, shall provide one opening at ground level at least every 200 feet. This opening shall be a minimum of 15 feet in clear width and a minimum of 12 feet in clear height and located so that the floor level is at an elevation not more than eight inches above or below the finished grade of the adjoining ground. The configuration of attached structures may be any alignment that meets the yard requirements but has not fewer than four nor more than eight units in one overall structure. Each attached unit shall be a through unit with front and rear access and yard areas.

Subsurface living area. No dwelling unit shall have a living area level lower than the finished grade along the front of the structure.

Open space. All required open space shall be improved for the purposes intended as shown on the plan.

Density. No development shall exceed the density specified in this chapter.

§ 104-99 Bikeways and pedestrian paths.

Recreation area. Recreational facilities within an apartment or townhouse development shall be located in the designated developed open space areas, which shall be located outside of the yard areas of each structure. The specific location of any recreational facilities shall give consideration to the proximity of structures, type of recreational facility proposed, expected noise level and evening illumination which may create a possible nuisance for residents and expected pedestrian traffic across major interior roads or driveways.

General standards. The Township of Hainesport encourages the appropriate and efficient use of land, the development of appropriate transportation systems and the promotion of a desirable visual environment through creative development techniques and establishes the policy that a coordinated bikeway and pedestrian path system be developed within the community.

Regulations. Bikeways or pedestrianways shall be required at the reviewing board's discretion depending on the probable volume of bicycle and foot traffic and the development's location in relation to other populated areas or its location with respect to any overall bike or pedestrian route plan adopted by the Township. Bicycle traffic shall be separated from motor vehicle and pedestrian traffic as much as possible. Bikeways and pedestrian paths shall generally not exceed a grade of 3%, except for short distances, and they should be a minimum of five feet wide for one-way and eight feet wide for two-way travel. Bikeways shall have a minimum four-inch base of crushed stone on the subgrade and a two-inch FABC-1 surface course. Where separate bike paths intersect streets, the curbing shall be ramped for bicycle access to the street grade. Bikeways designated for one-way travel shall only be located along streets. Minimum width for bikeways built in locations other than along streets is eight feet. The reviewing board may, where promotion of proper design would suggest, modify the construction standards set forth above to require less stringent requirements and to provide for the harmonious development of a project.

§ 104-100 Blocks.

General standards. Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required by Township ordinances and to provide for convenient access, circulation control and safety of street traffic. For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.

Regulations.

Block lengths. It is recognized that setting minimum and maximum block length standards must be related to sound planning principles and to the varying densities and lot widths specified in this chapter. To provide for this needed flexibility, the minimum and maximum length of a block shall be governed by the minimum and maximum number of lots specified in each lot width category in the following schedule:

Schedule of Minimum and Maximum Block Length Standards
	Number of Lots
Lot Width Categories (feet)	Minimum	Maximum	Recommended Standard
100 or less	5	15	10 to 12
101 to 120	5	12	9 to 11
121 to 160	4	9	7 to 8
161 to 200 or more	3	7	5 to 6

A block shall fit into a specific lot width category when the width of not less than 75% of the lots measured at the front building setback line falls within a specific ten-foot lot frontage category.

Block lengths shall fall within the minimum and maximum required standards; however, a developer should take notice of the recommended standard for block lengths. This recommended standard is set forth as an ideal standard for the majority of the blocks in the proposed subdivision. Some deviation from this recommended standard, however, is considered desirable in the interest of variety and good subdivision design.

Block end planting. In cases where lot and block design results in undesirable sighting down rear property lines from block ends, a landscape screen of evergreen trees not less than six feet in height shall be provided at block ends by the developer. The screen shall be a minimum of 30 feet in length and centered on the rear property line.

§ 104-101 Buffers and screening.

[Amended 8-25-1987 by Ord. No. 1987-9-6]

General standards.

Buffering should be provided between residential uses of different intensity and between residential and nonresidential uses. Buffers should be created to minimize noise; to provide relief from views of loading areas, trash enclosures, parking areas and the like; and to provide horizontal and vertical separation between different land uses.

Existing vegetation, particularly hedgerows, should be incorporated into buffers wherever possible.

Buffers shall be provided to all districts as defined in Subsections B and C. All buffers shall be a mixture of trees and shrubs which are predominantly evergreen, as approved by the Planning Board, and shall provide the equivalent of two staggered rows of evergreen trees, each tree planted 15 feet apart. Evergreen trees shall be six to eight feet tall, balled and burlapped, sheared. Shrubs shall be a minimum of three feet tall.

Existing woods within the required buffer area should not be cleared.

Detention basin should not be included within the buffer.

Buffers separating uses. Where multifamily or townhouses structures adjoin a single-family area, a buffer 25 feet in width shall be provided within the multifamily or townhouse area.

Buffers and screens separating districts.

Where a commercial district is contiguous to a residential district, the commercial user shall provide a planted buffer 50 feet in width within the commercial district. Where a commercial user is contiguous to an existing residential use, the commercial user shall provide a planted buffer 15 feet in width in the General Commercial District and 20 feet within the Highway Commercial District.

When a commercial district is contiguous to an office district, a buffer 20 feet in width shall be provided. Ten feet of the buffer shall be placed within each district.

Where an industrial district is contiguous to a residential district, a buffer 25 feet in width, together with an open area 25 feet in width, shall be provided within the industrial district.

Where an industrial district is contiguous to an office or commercial district, a buffer 15 feet in width shall be located within the industrial district, and a buffer 15 feet in width shall be located within the office or commercial district.

Where an office district is contiguous to a residential district, a buffer 25 feet in width shall be provided within the office district; provided, however, that if a road should separate the two districts, a buffer 15 feet in width shall be provided.

If a road should separate two districts, a minimum buffer of 15 feet in width shall be provided within both districts, except for single-family residential development.

Buffer standards.

Buffers and screens shall be included with submitted site plan and subdivision applications. Buffers are required along all lots and streets separating residential and industrial uses from arterial and collector streets; separating a nonresidential use from either a residential use or residential zoning district line; and along all street lines where loading and storage areas can be seen from the street.

Buffer areas are for the primary purposes of eliminating views and reducing noise perception beyond the lot.

Buffer widths shall be measured horizontally. No structure, activity, storage of materials or parking of vehicles shall be permitted within a buffer area. The location and design of buffers shall consider the distance between the uses and the property line; the differences in elevations; the types of buffers, such as dense planting, existing woods, a wall or fence; buffer height and width; and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to the property line, or the more intense the use, the more opaque the buffer area must be in order to reduce visual impact and reduce noise beyond the lot.

All buffer areas shall be planted and maintained with either grass or ground cover, together with trees and shrubs meeting the following requirements:

Shrubs used in buffer planting shall be at least three feet in height when planted and be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises.

Except for existing preserved or transplanted vegetation, evergreen trees shall be at least six feet, balled and burlapped. All trees shall be of a species common to the area, of nursery stock and free of insects and disease.

Any plant material which does not live shall be replaced within one year or one growing season.

Buffer plantings and landscaping shall be broken at points of vehicular and pedestrian access to assure a clear sight triangle.

A fifteen-foot-wide green area in the General Commercial District and a twenty-five-foot-wide green area in the Highway Commercial District shall be established along state highways. All buffer areas or landscape plantings may require a berm as an integral part of the landscaping.

For any undeveloped property along a county arterial road where residential units are zoned or proposed, the following conditions shall apply:

A setback of 75 feet from the county road to the house structure (including decks or appurtenances as part of the house) is recommended.

Additionally, a twenty-five-foot buffer is to be planted with two staggered rows of evergreens, 15 feet apart, five to six feet in height; one deciduous tree of two-and-one-half-inch caliper or larger every 30 feet; and two one-and-one-half-inch caliper trees every 50 feet.

The twenty-five-foot buffer strip shall be deed restricted from any development, fences, etc., and the deed restrictions shall accrue to the benefit of Hainesport Township.

§ 104-102 Curbs and gutters.

General standards. The Township determines that the provision of curbs and gutters will properly provide for the efficient disposal of stormwater drainage, prevent soil erosion and preserve the condition of roadways and, thus, promote the general health, safety and welfare of the community; therefore, as a condition of development plan approval, applicants shall be required to install curbs and gutters adequate to provide for the purposes set forth above.

Regulations.

Concrete curb with gutter, or concrete curb, or Belgian block curb shall be installed along every street within the development and at intersections with Township roads, county roads and state highways. The standard curb section to be used shall be not more than 20 feet in length with dummy joints to be cut at midpoint between expansion joints. Curbs shall be set in accordance with approved lines and grades. Radial curbs shall be formed having a smooth curve. Chord segments are prohibited.

Vertical concrete curb shall be used in all areas, except that monolithic curb and gutter shall be used when the center-line grade is less than 3/4%.

At locations specified by the reviewing board, the curbing shall be designed to provide a ramp for bicycles and the physically handicapped. This ramp shall conform to the design considerations outlined under the sidewalk provisions of this chapter.

§ 104-103 Drainage.

General standards. Each applicant shall be required to provide for surface drainage within his project to ensure that it will not create a burden to the ultimate users of his tract or create an adverse off-tract effect. All streets shall be provided with catch basins and pipes where the same may be necessary for proper surface drainage. The requirement of this section shall not be satisfied by the construction of ditches or dry wells. The system shall be adequate to carry off or store the stormwater and natural drainage water which originates within the development boundaries and that which originates beyond the development boundaries and passes through the development calculated on the basis of maximum potential development as permitted under this chapter. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other lands without proper and approved provisions being made for taking care of these conditions.

Regulations.

Time of concentration. The time of concentration used in computing stormwater runoff shall be the equivalent to the time required for water falling at the most remote point of the drainage area to reach the point in the drainage system under consideration and shall be based on time-of-flow and intensity-duration curves.

Runoff computations.

Computations of the rate of flow at any given location shall be based on the following rational formula:

	Q = CIA
In which:
	Q = Volume in cubic feet per second.
	C = Runoff factor.
	I = Intensity of rainfall in inches per hour.
	A = Watershed area in acres.

In setting the value of the runoff coefficient "C," consideration will be given to the physical features of the drainage basin and the best available data on the future density of development of the drainage basin.

Land		Coefficient
Residential
	Individual dwelling with a lot size of 20,000 square feet or more	0.40
	Individual dwelling with a lot size of less than 20,000 square feet	0.50
Apartments		0.70
Commercial		0.85
Industrial		0.80
Undeveloped or parks		0.25

Intensity. The intensity of the stormwater shall be based on the following:

As a minimum, a five-year storm shall be used where excess flow can continue downhill in the street without flooding adjoining properties.

As a minimum, a ten-year storm shall be used at low points with a relief swale or twenty-five-year storm where carried in a pipe.

As a minimum, all box culvert designs shall be based on a twenty-five-year storm. The Rainfall Intensity-Duration-Frequency Curve for Philadelphia presented in Technical Paper No. 25, prepared by the United States Department of Commerce Weather Bureau, shall be used. Time flow curves are also included in that section for use in design.

[Amended 4-12-1994 by Ord. No. 1994-4-3]

Standard headwalls shall be installed on all pipes. Trash bars shall be installed on all pipes where appropriate.

Pipeline design.

Storm sewer pipelines shall be designed by the following method and shall be based on the Manning equation and shall utilize the following friction factors:

n = 0.015 Concrete pipe.

n = 0.024 Corrugated metal pipe, one-half-inch corrugations, 25% paved.

n = 0.021 Corrugated metal pipe, one-half-inch corrugations, 50% paved.

n = 0.013 Corrugated metal pipe, one-half-inch corrugations, 100% paved.

The minimum allowable pipe size is fifteen-foot reinforced concrete Class III, Wall B, and shall be used in pavement areas and wherever there is vehicular traffic, unless otherwise designated by the reviewing board engineer. Where the cover on the pipe will be less than two feet, reinforced concrete pipe of Class IV, Wall B, shall be used. No pipe shall have less than one foot of cover. Corrugated metal pipe may be used under certain conditions subject to the approval of the reviewing board engineer.

This method is based on the assumption that hydraulic gradient will match the inside top of the pipe when the system is under maximum hydraulic load.

For this method, head losses through manholes, inlets, etc., shall be ignored.

The minimum slope of any pipe shall be such that a minimum velocity of 2.5 feet per second (fps) shall be maintained when the pipe is flowing at 1/4 full.

When the pipe sizes change, the inside tops of the pipes shall be matched.

Continuous profiles for each reach of pipe shall be plotted, along with the location of the hydraulic gradient, and the hydraulic information shall include the pipe size and type, the "n" factor, the slope of the hydraulic gradient, the slope of the pipe, the design capacity, and the velocity at the design capacity.

Inlet design.

Stormwater inlets shall be equal to New Jersey State Department of Transportation inlet Type B. The maximum collecting capacities of the inlets, when installed on streets with the following grades, shall be considered to be as follows:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Street Grade	Maximum Collecting Capacities (cubic feet per second)
0.75%	5
2.00%	4.8
3.00%	4.6
4.00%	4.4
5.00%	4.2
6.00%	4

Sufficient inlets shall be located and constructed so that the length of surface runoff will not contribute a runoff to the inlet exceeding the preceding designated collecting capacities. In no case shall the distance between inlets be greater than 400 feet.

The gutter grate of all inlets shall be set not more than two inches below the gutter grade. The surface of the paving adjacent to the inlets shall be constructed to blend into the lowered gutter grade at the inlet in such a manner that a sudden drop off or dip at the inlet will not be created. At such locations where drainage is entirely dependent on inlets, the collecting capacities of the inlets shall be designed for 1/2 the preceding considered capacities.

Where surface water is collected from two directions at one street corner, inlets shall be placed at or near the tangent points of both ends of the radius. The use of one inlet in the radius shall not be allowed.

Access manholes shall be spaced at 400-foot intervals (maximum) through rights-of-way and a sewer junction where there are no catch basins.

Open channel design. Open ditches or channels will be permitted when the design capacity requires a pipe larger than 60 inches in diameter, unless disapproved by the reviewing board engineer. Where permitted, open channel design should be based on the following hydraulic considerations:

Manning's equation:

n = 0.015 Best concrete-lined ditch.

n = 0.025 Best unlined ditch.

n = 0.03 to 0.15 Fair to poor, natural streams and watercourses.

Allowable velocity.

Excavation Material	Velocity (feet per second)
Fine sand and firm loam	2.5 to 3.5
Stiff clay and hard pan	3.75 to 6.0
Concrete-lined ditch	15

Ample freeboard not less than one foot zero inches should be provided on all channels.

The channel should be designed to conform, wherever possible, to the adjacent ground conditions. This means that it should not be projecting excessively above the surrounding ground.

Continuous profiles for each reach of open channel shall be plotted along with adjacent average ground and the hydraulic information pertinent to each reach within the system. This information shall include the type of channel lining, the "n" factor, the width of the channel bottom, the side slopes, the water depth, the design capacity and the velocity at the design capacity.

Open channels shall have a maximum side slope of three to one and shall have adequate slope protection as required by § 104-124 of this article.

Culverts. All culverts shall be limited to a single opening; multiple pipes will not be permitted. The design of culverts shall be such as to minimize the probability of debris accumulation.

Detention basin design.

[Amended 8-24-1999 by Ord. No. 1999-5-7]

Detention basins will be required in all major developments and site plans unless deemed unnecessary by the reviewing board upon recommendations of the board's engineer. The maximum side slope of a detention basin within a residential development or zone shall be five to one and shall have adequate slope protection as required by § 104-124, Soil erosion and sediment control. Where a basin is proposed on an individual lot in a nonresidential zone, the side slope may be increased to three to one, provided that the basin is owned by the owner of the lot, there is a guaranty that the basin will be maintained, the basin is integrally designed as part of the site as an amenity and the board determines that the basin is not a detriment to the site or surrounding area.

The minimum depth from the bottom of any basin to the seasonal high-water table (SHWT) shall not be less than two feet. Should the basin maintain a consistent water elevation of four feet or greater, an aeration system shall be provided.

The maximum overall depth of any detention or retention basin shall not exceed six feet. This distance is measured from the physical grade or "top" of the basin area (berm or virgin ground) to the bottom (or lowest point) of the basin.

The developer shall fund detention basin maintenance for all basins proposed for Township dedication. The Township Engineer or staff shall provide the Township Committee with an estimate of the maintenance costs.

If a homeowners' association is formed, or at the option of the board, developer shall be required to fund the maintenance of the basin with a capital contribution to a trust fund, the interest of which shall be available for the maintenance of the basin. In the event that the homeowners' association ceases to exist or defaults on the maintenance obligation, the trust fund shall accrue to the Township, which shall use the interest of such funds to maintain the basin. The amount of the capital contribution shall be determined by the Township Engineer or staff and will be based on an amount equal to basin maintenance over a two-year period.

Detention basins.

Detention basins shall be designed to limit the stormwater runoff to a controlled rate of flow equal to or less than the stormwater runoff prior to development. The required storage in the basin should be for a twenty-five-year storm, with the outflow from the basin limited to a ten-year undeveloped storm. Complete calculations for the basin should be supplied at the time the preliminary plans are submitted. These calculations should include runoff prior to development, runoff after development and complete calculations for design. Additionally, the following graphs shall be included:

Depth in basin versus storage in basin.

Depth in basin versus outflow from basin.

Inflow to basin versus time and allowable outflow from basin versus time (on same graph).

The design calculations should be based on time intervals of five to 10 minutes and indicate inflow, average inflow by time interval, outflow, average outflow by time interval, incremental change in storage and height of water in pond.

Detention basins shall be designed to completely empty after a rainstorm occurs and have standing water for a short period of time during a storm. Detention basins shall have a minimum of one foot of freeboard and shall have provisions for an emergency overflow. In those instances where existing or proposed permanent ponds will be used as retention ponds, they must have a minimum of four feet in depth and provide adequate freeboard to function as a normal retention pond. Additionally, the impact of a 100-year storm shall be addressed by calculations and submitted for review.

Grading. For both major and minor developments, blocks and lots shall be graded to secure proper drainage away from all buildings and to prevent the collection of stormwater in pools and to avoid concentration of stormwater from each lot to adjacent lots.

Flooding. Land subject to periodic or occasional flooding shall not be designed for residential occupancy nor for any other purpose which may endanger life or property. Such land within a lot shall be considered for open spaces, yards or other similar uses in accordance with floodplain regulations.

Easements. Where a minor or major development is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement to the Township conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the Township, and, in addition thereto, a minimum of 15 feet beyond the bank top on both sides for access to the drainage right-of-way and meeting any minimum widths and locations shown on any adopted Official Map or Master Plan or as required under § 104-104, Easements, of this chapter.

Easements or rights-of-way shall be required in accordance with § 104-104 of this chapter where storm drains are installed outside streets.

§ 104-104 Easements.

General standards. In order to properly provide for the efficient provision of governmental services and to promote the purposes of good land development design, public easements for utility installation, floodplain control, conservation and drainage may be required by the reviewing board. All such easements shall be of a sufficient width, in an appropriate location and shown on plans with sufficient clarity to provide for the purposes for which they are designed.

Regulations.

Width. Easements along rear property lines or elsewhere for utility installation shall be at least 25 feet wide for one utility and five additional feet for each additional utility and be located in consultation with the companies or governmental departments concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines.

Recording of easements. All easements shall be recorded by deed, and, where the development entails filing of a plan of lots, all easements shall be dimensioned and identified on said plan.

Easements and lot sizes. Where lots front or side on easements, the reviewing board shall require the depth or width of said affected lots to be increased by the width of the easement. Required minimum lot areas shall be exclusive of easement areas.

Floodplain and conservation easements. Floodplain and conservation easements shall be indicated on the preliminary and final plats and shown in such a manner that their boundaries can be accurately determined by elevations.

Removal of trees. The removal of trees and ground cover shall be prohibited in a conservation easement or floodplain except for the following purposes: the removal of dead or diseased trees, limited thinning of trees and growth to encourage the most desirable growth, and the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes.

§ 104-105 Environmental impact statement.

Description of easement. The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines. Such easement dedication shall be expressed on the plat and in the deed to fully delineate the limits and purpose of the easement as well as the grantee.

General standards. The Township has determined that an environmental impact statement (EIS) serves to assess the environmental and ecological impacts of specific land development proposals and alerts the reviewing board and the applicant to potential risks and dangers. Where any analysis of an EIS determines that a situation is presented where adverse environmental impacts are real, substantial and not correctable by the applicant, the reviewing board may rely on these impacts as a basis for the denial of an application. The data set forth within an EIS may be used by the reviewing board to require specific conditions relating to site design or improvements which shall be met by the applicant to alleviate or rectify problems before development approval is granted. An EIS shall accompany all applications for preliminary plan approval of a major subdivision and all involving over 10 or more lots or acres and all site plans involving over 10 or more acres in size and shall provide the information needed to evaluate the effect of a proposed development upon the environment and shall include data distributed, reviewed and passed upon in accordance with the standards set forth under Subsection B. The board on any application for development may require an EIS or portions thereof where it determines that the proposed project has the potential to create an adverse impact on the environment. Nothing herein contained shall eliminate the necessity to provide other information required under this chapter in the preparation of an EIS.

Regulations.

Description. A description of the development shall specify what is to be done and how it is to be done during construction and operation, as well as a recital of alternative plans deemed practicable to achieve the objective.

Environmental conditions inventory and impact. An inventory of existing environmental conditions at the development site shall be described along with appropriate response as to the nature of the impact as set forth below:

Soil types.

United States Department of Agriculture (USDA) soil types (shown on map).

Permeability of soil on the site.

Percolation tests and soil logs noted as to date of testing and locations on the site. A minimum of one percolation test and soil log per three acres of land proposed for development and one additional soil log and percolation test at the location of each proposed retention basin and per 500 feet of proposed ditch.

Surface waters.

Distance of site from nearest surface water and headwaters of streams.

Sources of runoff water.

Rate of runoff from the site.

Destination of runoff water and method of controlling downstream effects.

Chemical additives to runoff water on the site.

[6]

Submission of an erosion and sediment control plan.

Ground cover, including trees.

Extent of existing impervious ground cover on the site.

Extent of proposed impervious ground cover on the site.

Extent of existing vegetative cover on the site.

Extent of proposed vegetative cover on the site.

Topography.

Maximum existing elevation of site.

Minimum existing elevation of site.

Maximum proposed elevation of site.

Minimum proposed elevation of site.

Description of proposed change in topography.

Groundwater.

Average depth to seasonal high water table.

Minimum depth to water table on site.

Maximum depth to water table on site.

Water supply.

The source and adequacy of water to be provided to the site.

The expected water requirements [gallons per day (gpd)] for the site.

The uses to which water will be put.

Sewage system.

Sewage disposal system (description and location, on the site, of system).

Expected content of the sewage effluents (human waste, pesticides, detergents, oils, heavy metals and other chemicals).

Expected daily volumes of sewage.

Affected sewage treatment plant's present capacity and authorized capacity.

Solid waste.

Estimated quantity of solid waste to be developed on the site during and after construction.

Method of disposal of solid waste during and after construction.

Plans for recycling of solid waste during and after construction.

(i)

Air quality.

Expected changes in air quality due to activities at the site during and after construction.

Plans for control of emissions affecting air quality and control of dust during construction.

(j)

Noise.

Noise levels, above existing levels, expected to be generated at the site (source and magnitude), during and after construction.

Proposed method for control of additional noise on site during and after construction.

(k)

Impact of proposed action applied for:

Existing plant species.

Existing animal species and effects thereon.

Existing wildfowl and other birds and effects thereon.

Effects on drainage and runoff.

Effects on groundwater quality.

[6]

Effects on air quality.

[7]

Effects on situation of surface waters.

[8]

Effects on surface water quality.

[9]

Alternatives to proposed development, consistent with tract zoning.

[10]

Effects on sites of historic significance.

(l)

Surface water and groundwater studies.

Surface water and groundwater studies shall be provided which show an analysis of the following:

pH.

Nitrate.

[c]

Total suspended solids.

[d]

Biochemical oxygen demand (BOD).

Fecal coliform.

Chloride.

Turbidity.

Any applicant whose property lies in a watershed affected by any upstream manufacturing or commercial establishment or which is itself such a manufacturing or commercial establishment shall include, in addition to the above, an analysis of the following:

Cadmium.

Chromium.

Copper.

Iron.

Lead

Sino.

Mercury.

Critical impact areas. In addition to the above, plans should include any area, condition or feature which is environmentally sensitive or which, if disturbed during construction, would adversely affect the environment.

Critical impact areas include but are not limited to stream corridors, streams, wetlands, estuaries, slopes greater than 15%, highly acid or highly erodible soils, areas of high water table and mature stands of native vegetation and aquifer recharge and discharge areas.

A statement of impact upon critical areas and of adverse impacts which cannot be avoided.

Environmental protective measures, procedures and schedules to minimize damage to critical impact areas during and after construction.

A list of all licenses, permits and other approvals required by municipal, county or state law and the status of each.

A listing of steps proposed to minimize environmental damage to the site and region during construction and operation.

Procedures for evaluating the environmental impact statement shall be as follows:

Upon receipt of the application, the administrative officer shall forward the EIS to the reviewing board's engineer and the Municipal Engineer.

The reviewing board's engineer shall review the applicant's EIS and shall report its comments within 30 days of the date of submission to the reviewing board.

Fees for the costs of such consultation as described in Subsection B(4)(b) above shall be paid by the applicant in accordance with Article VI this chapter.

Copies of the environmental impact statement will be on file and available for inspection in the office of the administrative officer.

Approval or disapproval. Upon completion of all reviews and public hearing(s), the reviewing board shall either approve or disapprove the environmental impact statement as a part of its underlying function with respect to its review of the development. In reaching a decision, the approving authority shall take into consideration the effect of the applicant's proposed development upon all aspects of the environment as outlined above as well as the sufficiency of the applicant's proposals for dealing with any immediate or projected adverse environmental effects.

Waiver. Notwithstanding the foregoing, the approving authority may, at the request of an applicant, waive the requirement for an environmental impact statement after or during a public hearing on the application if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact. Portions of such requirement may likewise be waived upon a finding that a complete EIS need not be prepared in order to evaluate adequately the environmental impact of a particular project.

§ 104-106 Fire protection.

General standards. The provision of proper fire protection to all users of land is a major concern of the community. Each applicant shall be required to address this question in his application and make adequate provisions to minimize the risk and exposure to fire. Design should achieve maximum protection from this risk. Site plans and major subdivisions shall be reviewed and approved for fire protection by the Fire Marshal prior to final reviewing board approval.

Regulations.

Central system. Wherever a central water supply system services a development, provision shall be made for fire hydrants along streets and/or on the walls of nonresidential structures as approved by the Fire Marshal in accordance with Fire Insurance Rating Organization Standards.

Alternative water sources. Where streams or ponds exist or are proposed on lands to be developed, facilities shall be provided to draft water for fire-fighting purposes. These facilities shall be in addition to hydrant service from a public water source and shall not reduce or replace the requirements for a central fire protection system. These facilities shall include access from the source to a public street suitable for use by fire-fighting equipment and construction of improvements to ponds, dams or similar on-site development, where feasible. Such facilities shall be approved by the reviewing board engineer and Fire Marshal and constructed in accordance with Fire Insurance Rating Organization Standards.

§ 104-107 Floodplain regulations.

General standards. Floodplain regulations promote the health, safety and welfare of the community. Their purposes are to implement the land use rules and regulations promulgated by the New Jersey Department of Environmental Protection for floodways and the flood-fringe portion of a flood hazard area; to discourage construction and regrading in flood hazard areas; to prevent encroachments into flood hazard areas which would obstruct or constrict the area through which water must pass; and to prevent pollution of watercourses during low- or high-water periods by preventing the placing or storing of unsanitary or dangerous substances in the flood hazard area. In addition to the requirements of this section, all construction or operations in designated flood hazard areas shall be in compliance with Chapter 89, Flood Damage Prevention, of the Township Code.

Regulations.

Flood hazard design elevation. The flood hazard design elevation shall be determined on an individual basis based on a 100-year storm frequency. This elevation shall be delineated on the plans and file plat. In addition, the reviewing board engineer may, upon receipt of the application and with the consent of the landowner, determine the precise location of a floodway and flood-fringe area by close inspection, field survey or other appropriate method and cause the same to be marked on the ground and on the plat, and notify the owner, the New Jersey Department of Environmental Protection, Division of Water Resources, and the approving authority. The assistance of the United States Department of Agriculture, United States Department of Housing and Urban Development (HUD), Natural Resources Conservation Service, United States Army Corps of Engineers and the New Jersey Department of Environmental Protection, Division of Water Resources, may be sought to aid in delineating the flood hazard design elevation, except that, where state or federal agencies shall subsequently publish any other reports which delineate the flood hazard design elevation of a watercourse, said report shall be the officially delineated flood hazard area as if said report were published in this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Usage regulated in the floodway. No building or structure shall be erected or moved or externally altered, added to or enlarged, nor shall any fill be placed, nor shall the elevation of any land be substantially changed in the floodway unless the proposed use is permitted by this chapter or Chapter 89, Flood Damage Prevention, plan approval has been granted, and a stream encroachment permit has been issued by the New Jersey Department of Environmental Protection, Division of Water Resources, where required by state regulations. However, the accepted practices of soil husbandry and the harvesting of crops in connection with farming, lawns, gardens and recreational usage that do not include structures are not included in the foregoing prohibitions.

Usage regulated in the flood-fringe area. No building or structure shall be erected or moved or externally altered, added to or enlarged in the flood-fringe area outside the floodway if the elevation of any floor thereof, including the cellar, shall be less than one foot above the flood hazard area design flood profile (100-year) and unless the proposed use is permitted by Chapter 89, Flood Damage Prevention, and plan approval has been granted.

Review standard. The procedure for reviewing any proposal involving regrading and/or construction shall be the same as set forth for plan review. No application shall be approved and no permit granted until either all zoning violations have been corrected or a variance granted.

Permitted uses. Permitted uses in a flood-fringe portion of the flood hazard area shall be restricted to the following, provided that they are permitted uses in the district in which the flood-fringe portion is located:

Agriculture: general farming, pasture grazing, outdoor plant nurseries, horticulture, arboriculture, truck farming, forestry, sod farming and wild crop harvesting.

Industrial/commercial: yards, loading areas and parking areas.

Recreation: golf courses, improved courts and playing fields, swimming areas, boat launching ramps, picnic and camping and open space uses such as hiking trails.

Residential: lawns, gardens, parking areas and play areas.

Plans. The applicant shall submit maps, reports and other appropriate documents permitting the reviewing board to evaluate whether the proposal has an inherent low flood damage potential; does not obstruct flood flows or increase flood heights and/or velocities; does not affect adversely the water-carrying capacity of any delineated floodway and/or channel; does not increase local runoff and erosion; does not unduly stress the natural environment of the floodplain or degrade the quality of surface water or the quality and quantity of groundwaters; does not require fill or the erection of structures; and does not include the storage of equipment and materials.

Public hearing. Prior to any action by the reviewing board on a plan involving a floodway or flood-fringe area, a public hearing shall be set and conducted by the reviewing board. Notice of the hearing shall be as required under Article IV of this chapter.

Action. Upon reviewing the application, hearing the applicant's representation and hearing comments from the general public and other municipal agencies to which the application was forwarded for comment, the reviewing board shall deny, approve subject to conditions, or approve the application. Its conclusions shall be based on findings related to the above criteria.

§ 104-108 Grading and filling.

General standards. The regulations of grading and filling promote the protection of environmental interests and protect the rights of adjacent property owners. All grading and filling operations are to be closely reviewed to protect the interests stated.

Regulations. All lots where fill material is deposited shall have clean fill and/or topsoil deposited which shall be graded to allow complete surface drainage of the lot into local storm sewer systems or natural drainage courses. No regrading of a lot shall be permitted which would create or aggravate water stagnation or a drainage problem on tract or on adjacent properties, or which will violate the provisions of the soil erosion and sediment control, soil removal and redistribution and floodplain provisions of this chapter. Grading shall be limited to areas shown on an approved site plan or subdivision. Any topsoil disturbed during approved excavation and grading operations shall be redistributed throughout the site.

§ 104-109 Homeowners' association.

General standards. A homeowners' association shall be established by the applicant as a nonprofit corporation before any homes are sold for the purposes of owning and assuming maintenance responsibilities for the common open space and common property designed within a development, provided that the reviewing board is satisfied that the organization will have a sufficient number of members to reasonably expect a perpetuation of the organization in a manner enabling it to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development. When established, the organization shall incorporate the provisions set forth in Subsection B below.

[Amended 4-12-1994 by Ord. No. 1994-4-3]

Regulations.

Mandatory membership. Membership by all property owners, condominium owners, stockholders under cooperative development and other owners of property or interests in the project shall be mandatory. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a covenant with each agreeing to liability for his pro rata share of the organization's costs.

Responsibility. The organization shall be responsible for liability insurance, taxes, maintenance of recreational and other facilities and any other obligations assumed by the organization and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space or property by sale or otherwise.

Assessments. The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.

Rights and obligations. The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenants, model deeds and articles of incorporation of the organization 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.

Percentage ownership. The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that in the event that such organization shall fail to maintain the common open space or common property in reasonable order and condition, the municipality may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the common open space or common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the designated municipal body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the municipality, in order to preserve the common open space and common property and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the common open space and common property except when the same is voluntarily dedicated to the public by the owners. Before expiration of said year, the municipality shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the municipality, at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the municipality shall determine that such organization is ready and able to maintain said open space and property in a reasonable condition, the municipality shall cease to maintain said open space and property at the end of said year. If the municipality shall determine such organization is not ready and able to maintain said open space and property in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space and property during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the municipality in any such case shall constitute a final administrative decision subject to judicial review.

§ 104-110 Private common facilities maintenance organization.

Costs. The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and common property in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and enforced and collected with interest by the same officers and in the same manner as other taxes.

[Added 12-6-1988 by Ord. No. 1988-22-11]

General standards. A private common facilities maintenance organization shall be established by all property owners of property which is zoned or approved for nonresidential use using a private common facility, such as drainage systems, private roadways, etc., as a nonprofit corporation for the purposes of assuming maintenance responsibilities for the common facilities. The organization shall incorporate the provisions set forth in Subsection B below.

Regulations.

Mandatory membership. Membership by all property owners, condominium owners, stockholders under cooperative development and other owners of property or interests in the project utilizing common facilities shall be mandatory. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of an agreement with each agreeing to liability for his pro rata share of the organization's cost. Such pro rata share shall be computed using the tax assessed value of such member's property.

Responsibility. The organization shall be responsible for liability insurance, taxes, maintenance of common facilities and any other obligations assumed by the organization. The organization shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space or property by sale or otherwise. Such responsibility shall include maintenance and repair of all common facilities and common areas as provided in conditions, if any, of the Planning or Zoning Board for final subdivision approval, major or minor.

Assessments. The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs; provided, however, that any organization formed after, and as a result of, the enactment of this chapter, by private owners utilizing and benefiting from a private common facility or facilities may not impose an assessment on any nonmember's property for any maintenance or other obligation which is not necessary to maintain such common facilities in good working order and/or as required by Subsection B(2) and without providing notice of each such proposed assessment and meeting date of such organization wherein such assessment and expenditures are considered.

Rights and obligations. The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the articles of incorporation of the organization and the fact that every tenant and property owner shall have the right to use all common facilities.

Deficient maintenance.

The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall clearly indicate that in the event that such organization shall fail to maintain the common open space or common property of facilities in reasonable order and condition, the municipality may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the common open space or common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the designated municipal body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the municipality, in order to preserve the common open space and common property and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the common open space and common property except when the same is voluntarily dedicated to the public by the owners. Before expiration of said year, the municipality shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the municipality, at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year.

If the municipality shall determine that such organization is ready and able to maintain said open space and property in a reasonable condition, the municipality shall cease to maintain said open space and property at the end of said year. If the municipality shall determine such organization is not ready and able to maintain said open space and property in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space and property during the next succeeding year, subject to a similar hearing and determination in each year thereafter.

The decision of the municipality in any case shall constitute a final administrative decision subject to judicial review.

Costs. The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common facilities in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and enforced and collected with interest by the same officers and in the same manner as other taxes.

§ 104-111 Lighting.

General standards. Each applicant for development plan approval shall provide adequate lighting to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be of a type approved by the reviewing board. Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties. In determining whether this provision has been met, the reviewing board may take into consideration the standards set forth in the Illuminating Engineering Society Light Handbook (Fifth Edition) edited by John E. Kaufman, published by Illuminating Engineering Society, 345 East 46th Street, New York, New York.

Regulations.

General provisions. All area lighting shall provide translucent fixtures with shields around the light source. For each fixture and lighted sign, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7 1/2% of the total quantity of light emitted from the light source. Any other outdoor lighting shall be shown on the development plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residences and overhead sky glow. No lighting shall shine directly or reflect into windows or onto streets and driveways in such a manner as to interfere with driver vision. No lighting shall be of a yellow, red, green or blue beam nor be of a rotating, pulsating beam or other intermittent frequency. The intensity of such light sources, light shielding, the direction and reflection of the lighting and similar characteristics shall be subject to development plan approval by the reviewing board. The objective of these specifications is to minimize undesirable off-site effects.

Recommendation for average maintained horizontal illumination.

Roadways and walkways.

Area Classification
Roadway and Walkway		Commercial		Intermediate		Residential
Classification		Footcandle	Lux	Footcandle	Lux	Footcandle	Lux
Vehicular roadways
	Freeway*	0.6	6	0.6	6	0.6	-
	Major and expressway*	2.0	22	1.4	15	1.6	-
	Collector	1.2	13	0.9	10	0.6	-
	Local	0.9	10	0.6	6	0.4	-
	Alley	0.6	6	0.4	4	0.2	-
Pedestrian walkways
	Sidewalk	0.9	10	0.6	6	0.2	-
	Pedestrianway	2.0	22	1.0	11	0.5	-

NOTES:

*Both mainline and ramps.

For other critical areas, the recommended footcandles are as follows:

At intersections: 2.0.

Parking areas: 1.0.

Maximum at property lines: 1.0.

Residential areas: 0.6 average; 0.1 minimum.

Plant entrances: 2.0.

Standards.

The height of light poles shall be limited to the maximum height of structures permitted in the particular zoning district where they are located or 30 feet, whichever is less. The light itself shall be shielded to restrict the maximum apex angle of illumination to 150° to eliminate glare.

The mounting height of exterior lighting shall conform to the following schedule:

[Added 8-24-1999 by Ord. No. 1999-5-7]

For commercial:

Building Height (feet)	Fixture Mounting Height (feet)
Up to 24	16
25 to 34	18
35 or greater	25

Streetlighting.

[Amended 8-24-1999 by Ord. No. 1999-5-7]

Streetlighting standards shall be 30 feet high, laminated wood posts, fiberglass poles or approved equal standards, shall be installed at street intersections and elsewhere as deemed necessary by the reviewing board and shall be furnished with 100-watt high-pressure sodium luminaires, except that luminaires at intersections shall be 150-watt high-pressure sodium luminaires. The developer shall provide for installation of underground service for streetlighting.

Residential. At the Township's option, the streetlighting for residential developments shall consist of laminated wood or fiberglass poles 16 feet in height placed at distances of 200 feet with 150-watt minimum high-pressure sodium luminaires. At the intersections, 200-watt minimum high-pressure sodium luminaires shall be installed. All streetlighting fixtures within residential developments shall be the "traditionaire" or "acorn" type fixture. At the Township Committee's option, cobra head fixtures shall be permitted placed on centers of 400 feet.

Spacing. Standards should generally be spaced at 200-foot intervals on opposite sides of the street. Alternative standard spacing may be considered by the reviewing board, provided that the applicant can show that such spacing provides adequate light intensity and is consistent with all other development.

Maintenance. The reviewing board shall consider maintenance and access regarding light location. Light shall not be placed in high or inaccessible locations where maintenance would be difficult.

§ 104-112 Lots.

General standards. The lot size, width, depth, shape, and orientation and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

Regulations.

Lot dimensions. Lot dimensions and area shall not be less than the requirements of this chapter.

Side lot lines. Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.

Lot approval. Each lot must front upon an approved street with a right-of-way width of at least 50 feet.

Road widening. Where extra width has either been dedicated or is proposed for widening of an existing street, lots shall begin at such new or proposed street line, and all setbacks shall be measured from such line.

Contiguous lots. Contiguous lots shall be two or more contiguous lots under the same ownership, regardless of whether or not each may have been approved as portions of a subdivision acquired by separate conveyance or by other operation of law, and, if one or more of said lots should not conform to the minimum area and/or dimension requirements for the zone in which it is located, the contiguous lots shall be considered as a single lot and the provisions of this chapter shall hold. No portions of said lot shall be used, occupied, divided or sold in any manner which would diminish compliance with the regulations of this chapter or which would leave remaining any lots that do not comply with the minimum lot width or minimum area or any other requirements of this chapter.

[Amended 11-25-2003 by Ord. No. 2003-8-11]

Any nonconforming residential lot or existing residential lot, not in the same ownership with any adjacent lot, and which does not meet the minimum lot size may have a principal and accessory buildings and structures constructed on it without an appeal for variance relief, provided that:

[Amended 11-25-2003 by Ord. No. 2003-8-11; 4-12-2011 by Ord. No. 2011-2-3]

The proposed use(s) on the lot is conforming to the permitted use(s) stipulated in the appropriate development section of this chapter for the lot in question.

The permitted building and total lot coverages are not exceeded.

The buildings and/or structures do not violate any other requirements of this chapter, such as, but not limited to, height, setback and parking.

Dedication. Whenever land has been dedicated or conveyed to the municipality by the owner of a lot in order to meet the minimum street width requirements or to implement the Official Map or Master Plan and which lot existed at the effective date of this chapter, the Construction Official shall not withhold a building and/or occupancy permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.

Double frontage. Double frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement at least 10 feet wide shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. There shall be no right of access across such easement.

Odd-shaped lots. Where there is a question as to the shape and boundary line of a lot or lots for their optimum use by a future occupant, including such conditions as narrow or unduly elongated lots and other awkward appearing angles or appendages, the reviewing board may withhold approval of such lot or lots.

Extra lot depth. Residential lots fronting on arterial streets, lots having reverse frontage on arterial streets and lots backing on streams shall be provided with 30 feet extra depth which may include utility easements.

Suitable lots. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as soil conditions, rock formation, flood conditions or similar circumstances, the reviewing board may, after adequate investigation, withhold approval of such lots or require remedial action before approval.

Frontage. No single-family residential dwelling unit shall be permitted to front on a primary road, a major arterial road or a controlled access highway except where no acceptable alternate access is available.

§ 104-114 Preservation of natural features.

Lots backing on railroads. Lots backing on a railroad right-of-way shall have additional depth equal to no less than 25% of the depth of the majority of the lots in the proposed subdivision. In the interest of maintaining the safety and welfare of future residents of the lots backing on a railroad, a buffer berm and landscaped buffer screen shall be erected by the subdivider, the type and location of which shall be subject to the approval of the reviewing board.

(14)

Avoiding headlight glare. Where T intersections exist, if practical, lot side lines shall be centered on street ends to prevent automobile lights from shining into residences.

§ 104-113 Monuments.

General standards. Monuments shall be required to preserve lot identities.

Regulations. Monuments shall be the size and shape required by the Map Filing Law, N.J.S.A. 46:26B-3 as amended, and shall be placed in accordance with said statute and indicated on the file plat. All lot corners shall be marked with a metal alloy pin of permanent character.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

General standards. Natural resources such as trees, brooks, swamps, hilltops and views shall be preserved whenever possible. On individual lots, care shall be taken to preserve selected trees to enhance soil stability and the landscape treatment of the area.

Regulations.

Topsoil protection. Topsoil moved during the course of construction shall be redistributed to all areas of the development and shall be stabilized by seeding or planting. At no time shall topsoil be removed from the site without written permission from the reviewing board.

Existing trees. To the fullest extent possible, existing trees shall be preserved by the developer. Special consideration shall be given to the layout of lots and the position of dwellings on the lots to ensure that existing trees are preserved. Special precautions shall also be taken to protect existing trees during the process of grading lots and roads. Where any land other than streets is to be dedicated to public use, the developer shall not remove any trees or topsoil from the site or change the site in any way without written permission from the reviewing board.

Watercourses. Where a development is traversed by a natural lake, pond or stream, the boundaries or alignment of said watercourses shall be preserved and shall conform substantially to the natural alignment or boundary.

Unique physical features. Unique physical features such as historic landmarks, rock outcroppings, hilltop lookouts and similar features shall be preserved if possible. The reviewing board may, after proper investigation, withhold approval of the lotting of such area or areas.

Specific standards.

[Added 8-25-1987 by Ord. No. 1987-9-6]

Impervious coverage limit. A maximum of 65% of the area of a lot may be covered with impervious material, "impervious material" being defined as any surface which does not permit fluids to pass through or penetrate its pores or spaces.

Clearing limit. A maximum of 70% of a lot may be cleared of vegetation for the purpose of constructing improvements.

Vegetated area. At least 35% of the area of each lot must be covered by vegetation, "vegetation" being defined as any plant material, including grasses, shrubs and trees.

§ 104-115 Off-street parking and loading.

Trees greater than or equal to eight inches diameter measured 12 inches above the natural ground line should be maintained and incorporated into the final design of all subdivisions and site plans. Unique native evergreens, including American holly and mountain laurel, greater than or equal to one inch diameter at breast height (dbh) and 30 inches in height, respectively, should also be maintained or transplanted and incorporated into the final design of all subdivisions and site plans. Every tree with a trunk diameter of eight inches or greater that is destroyed due to street alignment, building placement, parking area location, grading or other site improvements shall be replaced with one or more new shade trees of a type recommended by the Township with a trunk diameter of not less than three inches in diameter measured at six inches above the ground line. Such new trees shall be planted in addition to the trees required by the planting requirements of §§ 104-116 and 104-120. A maximum of 50% of all trees may be removed for the purpose of development.

[Added 8-24-1999 by Ord. No. 1999-5-7]

General standards. The applicant shall provide for proper pedestrian and vehicular traffic movement within and adjacent to the site. The reviewing board shall ensure that all parking spaces are usable and safely and conveniently arranged. The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection and the impact of the facilities on adjacent buildings and land.

Regulations.

Access to and from lots. Drives shall be limited to a maximum of two to any street, except that, when the frontage of a property along any one street exceeds 500 feet, the number of drives to that street may be based on one drive for each 250 feet of property frontage. Each drive shall handle no more than two lanes of traffic in each direction; be at least 50 feet or 1/2 the lot frontage, whichever is greater, but need not exceed 300 feet from the street line of any intersecting street; and be at least 20 feet from any property line. The width of the curb cut shall be determined by the type of traffic to be handled. Driveways shall be reviewed by the approving authority, giving consideration to the width, curbing, direction of traffic flow and radii of curves, except that in driveways exceeding 24 feet in width, consideration shall be given to a traffic flow divider. Depressed curbing shall extend across the driveway opening. Radii of standard curbing shall be provided to both sides of the driveway opening.

Access to parking and loading spaces. Individual parking and loading spaces shall be served by on-site drive aisles designed to permit each motor vehicle to proceed to and from each parking and loading space without requiring the moving of any other motor vehicle. Where the angle of parking is different on both sides of the aisle, the larger required aisle width shall prevail.

Buffers. Parking and loading areas for commercial and industrial uses shall be buffered and screened from adjoining streets, an existing residential use or any residential zoning district in a manner meeting the objectives of § 104-101 of this chapter.

Curbing.

All off-street parking areas containing six or more spaces and all off-street loading areas shall have concrete or Belgian block curbing around the perimeter of the parking and loading areas and to separate major interior driveways from the parking and loading spaces. Curbing shall also be installed within the parking or loading area to define segments of them. Precast concrete wheel blocks shall be installed on all parking spaces which are not required to be curbed.

All curbing shall be located in conjunction with an overall drainage plan. Curbing installed at locations requiring pedestrian access shall be designed in accordance with the Barrier-Free Design Regulations of the State of New Jersey and the complementary standards issued by the New Jersey Department of Transportation.

Dimensions. Off-street parking spaces shall be nine feet wide and a minimum of 18 feet in length.

[Amended 4-12-2011 by Ord. No. 2011-2-3]

Handicapped parking.

Parking spaces for the handicapped shall be provided as follows:

One space for parking lots containing up to 20 spaces.

Five percent of all spaces, but not more than 20 spaces, for parking lots with more than 20 spaces.

Designated parking spaces for handicapped drivers shall be as close as possible to the route of travel to the accessible principal entrance or entrances to the building and shall be identified with a clearly visible sign mounted off the ground and displaying the International Symbol of Access and containing appropriate wording, e.g., "Disabled Drivers Only."

Where the designated space cannot be within 200 feet of the accessible principal entrance or entrances, a dropoff area is to be provided within 100 feet of such entrance or entrances.

Parking spaces for individuals with physical handicaps shall be 12 feet wide with an unobstructed, near-level, paved surface that is suitable for wheeling and walking.

Such parking spaces shall allow room for individuals in wheelchairs or individuals on braces, canes and crutches to get in and out of either side of an automobile.

A standard parking space parallel to a curb shall constitute an acceptable space for handicapped parking, provided that it allows sufficient area for individuals in wheelchairs or individuals on braces and crutches to get in and out of either side of an automobile onto a near-level, paved surface that is suitable for wheeling and walking and affords route of travel accessibility to the building.

Care in planning shall be exercised so that individuals in wheelchairs and individuals using braces and crutches are not compelled to wheel or walk behind parked cars.

Where applicable, curb ramps shall be provided to permit handicapped people access from parking areas to sidewalks.

Drive aisle widths. Drive aisle widths in parking areas shall conform to the following minimum requirements:

	Spaces: 10 x 20 feet
Angle of Parking Spaces	One-Way Aisle (feet)	Two-Way Aisle (feet)
90°	22	25
60°	18	20
45°	15	20
30°	12	18
Parallel	12	18

Off-street loading areas. Off-street loading areas shall have a minimum vertical clearance of 15 feet and be designed in accordance with the following schedule:

Loading Space		Aisle Width
Length (feet)	Width (feet)	90° (feet)	60° (feet)
60	10	72	66
60	12	63	57
60	14	60	54

Drainage. All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice as approved by the reviewing board engineer and in accordance with the drainage provisions of § 104-103 of this chapter. Where subbase conditions are wet, spongy or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least six to 12 inches below the proposed finished grade and filled with a suitable subbase material as determined by the reviewing board engineer. Where required by the engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material shall be applied.

Surfacing. Surfacing shall be approved as part of the plan approval. Areas of ingress and egress, loading and unloading areas, major interior driveways, aisles and other areas likely to experience similar heavy traffic shall be paved with not less than six inches of quarry blend stone base with a two-inch-thick compacted wearing course of bituminous concrete (FABC) prepared and constructed in accordance with the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (1961) and amendments thereto.

Landscaping. Landscaping in parking and loading areas shall be shown on the landscaping plan. Trees shall be staggered and/or spaced so as not to interfere with driver vision, have branches no lower than six feet and be placed at the rate of at least one tree for every 20 parking spaces. All areas between the parking area and the building shall be landscaped with trees, shrubs and ground cover. Any plantings which do not live shall be replaced within two years or two seasons. A majority of the parking areas for more than 50 cars shall be obscured from streets by buildings, landscaped berms, natural ground elevations or plantings, singularly or in combination.

Location of parking spaces and loading areas.

Loading spaces shall be located at the side or rear of the building and on the same lot as the use being served, may abut the building and shall be located to directly serve the building for which the space is being provided.

Off-street parking or loading space shall not have direct access from a street but shall have provided adequate driveways and turning areas.

No loading or parking spaces shall be located in any required buffer area.

No required off-street parking shall be permitted in streets, fire lanes, driveways, aisles, sidewalks or turning areas.

[Amended 8-24-1999 by Ord. No. 1999-5-7]

Minimum off-street parking and loading requirements.

Minimum parking requirements. Where a particular function contains more than one of the following categories of uses, the total parking requirements shall be the sum of the component parts:

Use	Minimum Number of Required Spaces
Auditoriums, assembly halls and community centers	1 for each 100 square feet of gross floor area or 1 for each 4 seats, whichever is greater
Automotive sales	10, plus 1 for each employee
Banks	6 per 1,000 square feet of gross floor area
Barbershops and beauty salons	2 per chair, plus 1 per employee
Bowling alleys	4 per alley
Churches and houses of worship	1 for each 3 seats, plus 1 per pastor and 1 for every 2 employees (where benches are used, a seat shall be 22 inches)
Clubs, lodges and fraternal organizations	20, plus 1 for each 200 square feet of gross floor area
Department stores	7 per 1,000 square feet of gross floor area
Drive-in restaurants	1 per 25 square feet of gross floor area
Dwellings, single-family detached; two-family; townhouses; multifamily	2 per dwelling unit; 1.5 per dwelling unit; 1.75 per dwelling unit; 1.75 per dwelling unit
Funeral homes and mortuaries	1 for each driving family resident on premises, plus 1 for each 2 employees, plus 1 for each 30 square feet of gross floor area in viewing rooms, parlors or funeral service rooms
Golf courses	2 per tee, plus 1 per 200 square feet of gross floor area
Hospitals, nursing homes and convalescent centers	1 for each 2 beds, plus 1 per doctor, plus 1 for each 2 employees (bassinets and ambulance space not used to determine requirements)
Hotels and motels [Amended 8-25-1987 by Ord. No. 1987-9-6]	2 per room
Indoor recreation [Added 4-12-2011 by Ord. No. 2011-2-3]	1 per 250 square feet of gross floor area
Industrial storage and repair; manufacturing; office; trucking; printing or publishing houses [Added 8-25-1987 by Ord. No. 1987-9-6]	1 per 750 square feet of gross floor area; 1 per 700 square feet of gross floor area; 1 per 200 square feet of gross floor area; 1 per vehicle operating from site; 1 per 200 square feet of office space, plus 1 per 500 square feet of production area
Laundromats	1 per each 2 machines
Movie theaters [Amended 8-25-1987 by Ord. No. 1987-9-6]	1 for every 2 seats or 1 for every 3 seats, plus 1 for each employee
Office; general professional; doctor or dentist	1 per 250 square feet of gross floor area; 1 per 200 square feet of gross floor area; 6 per doctor or dentist plus 1 per employee
Outdoor recreation	6 per acre or fraction thereof
Research laboratories	1 per employee, plus 10%
Restaurants and taverns	1 per each 3 seats, plus 1 per each 2 employees
Retail stores and service businesses	5.5 per each 1,000 square feet of gross floor area
Schools: grade school; high school; college	1 per each employee, plus 1; 1 per each employee, plus 10 per classroom; 1 per each 2 students
Service stations or auto repair facilities	4 per service bay or lift, plus 1 per employee, plus 1 per vehicle operating from site
Shopping centers: 0 to 25 acres; 25 to 50 acres; over 50 acres	6 per each 1,000 square feet of gross floor area; 5.5 per each 1,000 square feet of gross floor area; 5.3 per each 1,000 square feet of gross floor area
Skating rinks	1 per each 120 square feet of gross floor area
Supermarkets and food stores	1 per each 100 square feet of gross floor area
Swimming pools	2 per 100 square feet of gross area in decking and water surface
Wholesale stores	1 per 400 square feet of gross floor area, plus 1 per employee

Minimum loading requirements. Adequate off-street loading and maneuvering space shall be provided for every use. Loading space shall not be considered as supplying off-street parking space. The number of spaces shall be based on the following schedule:

Commercial and general business. For every building, structure or part thereof having over 4,000 square feet of gross floor area erected and occupied for commerce, hospital, laundry, dry cleaning, places of public and quasi-public assembly and other similar uses involved in the receipt and distribution by vehicles of material or merchandise, there shall be provided and permanently maintained adequate space for standing, loading and unloading services in order to avoid undue interference with the public use of streets or alleys. Every building, structure or addition thereto having a use which complies with the above definition shall be provided with at least one loading space. One additional truck space shall be provided for every additional 20,000 square feet, or fraction thereof, of gross area in the building.

Shopping centers and industrial. Each activity shall provide for off-street loading and unloading with adequate ingress and egress from streets. Each space shall be at least 15 feet by 40 feet. One space shall be provided for the first 7,000 square feet of gross floor area or fraction thereof in each building and one additional space for each additional 10,000 square feet of gross floor area or fraction thereof. There shall be no loading or unloading from the street.

Loading area requirements may be met by combining the floor areas of several activities taking place under one roof and applying the above ratios.

Shopping centers shall provide sufficient loading areas to adequately service the activities within the shopping center.

There shall be at least one central point for trash/garbage pickup in multifamily and nonresidential uses which shall be separated from parking and loading areas by locating such facility outside the building in totally enclosed metal containers, obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, approval of the trash/garbage storage facility shall be obtained from the Township Fire Marshal. If a container is used for trash/garbage collection functions, it may be located adjacent to or within the general loading areas, provided that the containers do not interfere with or restrict in any manner loading and unloading functions.

Modifications.

Authorization. The reviewing board, in its review of the site plan for a project required to furnish parking pursuant to the provisions of this chapter, shall review the adequacy of the provisions called for to achieve proper planning objectives for the site. Where the reviewing board shall determine that less than the entire area called for is necessary to achieve proper traffic flow, prevent traffic congestion, and provide proper customer area for parking of vehicles, and, in general, where the reviewing board is satisfied by the competent proofs produced that the public is protected with regard to its interest in the standard of health, safety, and welfare by the production of parking areas less than those required under the strict application of the standards contained under this chapter, it shall have the right to modify the requirement to the extent and under the provisions hereinafter stated.

Proofs required. Prior to allowing the modification referred to under Subsection B(13)(a) above, the reviewing board shall take expert testimony concerning the parking needs of the tract under consideration. This testimony shall be placed in the reviewing board minutes in the form of written reports, studies or statistics or a detailed abstract of oral comments. The reviewing board shall place in the record any previous history known to the reviewing board concerning the site or adjacent or surrounding areas which affects the reviewing board's determination. The reviewing board shall make specific findings in writing concerning the needs of the tract with regard to parking area, and all such findings shall be supportable in and by the record established before the reviewing board. It shall be the responsibility of the applicant for site plan approval to pay prior to site plan approval the costs of all professional expert witnesses, professional assistance or evidence needed by the reviewing board to reach its decision. In addition to the above, the applicant at his expense may produce additional testimony other than that produced by the reviewing board to bring all factors needed to make a proper, reasonable decision to the attention of the reviewing board.

Action. If, upon the record, the reviewing board shall determine that the proper development of the tract would require less than the called for parking requirement, the reviewing board may reduce the requirement to the level which the reviewing board determines meets the needs of the tract, conditioned upon the requirements hereinafter stated.

Requirements.

Maximum modification. In no event shall the reviewing board reduce the parking requirement by more than 75% of the original requirements set forth in this chapter for the tract involved.

Landscaped parking. All land resulting from the reduction of the parking requirements elsewhere contained in this chapter shall be specifically noted on the site plan as "landscaped parking" and shall not be built upon or considered in computing the front, side or rear yard areas, nor the buffer area.

Landscaping. All land resulting from the reduction of the parking requirement elsewhere contained in this chapter shall be suitably improved with landscaping, in accordance with requirements elsewhere found in this chapter, to provide additional drainage area, open green space, additional area to enhance percolation of the site and/or better aesthetics for the site.

Performance and maintenance bonds. Performance and maintenance bonds shall be required as specified elsewhere in this chapter to ensure creation and maintenance of landscaped areas.

Change in approval.

Application procedure. At any time during the period that the bonds or security devices required above are in effect, the applicant or the reviewing board may require a hearing with regard to the adequacy of the parking facilities in existence. Such a hearing shall be treated as a continuation of the original development plan hearing, and no new application, application fee or escrow shall be requested, except that the applicant shall still be required to pay for all the costs of experts or professionals deemed necessary to properly review the plan in question.

Notice or hearing request. Any applicant requesting a hearing shall make his request at least 14 days prior to the meeting at which consideration is sought. Where the reviewing board requests the hearing, a notice sent by certified mail, return receipt requested, shall be issued from the board at least 10 days prior to the hearing date.

Hearing. At the hearing, proofs to the same extent required under Subsection B(13)(b) above shall be produced in reviewing the needs of the site. In addition, the reviewing board may take into consideration the actual operational experience incurred with the site as proven through witnesses and police records and subsequent developments involving tracts adjacent to, nearing or surrounding the site in question.

§ 104-118 Public and private utilities.

Order. After the hearing, the reviewing board may allow or require additional parking to be provided; said action shall be deemed an order and shall include a time period in which compliance is to occur. Said time period shall be based on reasonable engineering estimates. If necessary, the performance bond or other security device shall be extended to cover a period of 14 days after the completion date set forth in the order, and failure of the applicant to comply with the board's order shall grant the Township the right to obtain funds from the bonding company or surety to perform the work involved.

§ 104-116 Landscaping.

For landscaping provisions, see § 104-101, Buffers and screening, and § 104-115B(10), regarding landscaping in parking and loading areas.

§ 104-117 Performance standards.

For performance standards, see § 104-53, Regulations applicable to all zones, Subsection O Performance standards.

General standards. All utility services shall be connected to an approved public utility system where one exists and approved by the public utility.

Regulations.

Servicing utility. The developer shall arrange with the servicing utility for the underground installation of the utility's 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 Board of Public Utilities.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Written documentation. The developer shall submit to the reviewing board, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance or intended full compliance with the provisions of this section; provided, however, that lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utility's overhead lines shall be installed underground. In the case of existing overhead utilities, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement, relocation or extension of such utilities, such replacement, relocation or extension shall be underground.

Screening. Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient live screening to conceal such apparatus year-round. All screening shall be in accordance with § 104-101, Buffers and screening.

Hardship. On any lot where, by reason of soil conditions, wooded area or other special condition of land, the applicant deems it a hardship to comply with the provisions of this section, the developer may apply to the reviewing board for an exception from the terms of this section. Where overhead lines are permitted as the exception, the alignments and pole locations shall be carefully routed to avoid locations along horizons and avoid the clearing of swaths through wooded areas by selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the views of the poles and alignments, by following rear lot lines and other interior location and similar design and location considerations to lessen the visual impact of overhead lines.

§ 104-119 Sanitary sewers and septic systems.

Exemption. Any installation under this section to be performed by a servicing utility shall be exempt from requiring performance guaranties but shall be subject to inspection and certification by the Municipal Engineer.

General standards. It shall be the responsibility of the applicant to provide for the adequate disposal of wastewater emanating from a proposal for which approval is sought. The reviewing board shall determine both the method and the effect which the proposed solution to the requirement presents both to those who will be utilizing the applicant's tract and to those who may be affected by the recommended solution.

Regulations.

Connection required. If a sewage treatment and distribution system is accessible, the developer shall construct facilities in such a manner as to provide adequate sewerage within the development to transport all sewage from each lot and the total development to said treatment and distribution system. Where a treatment and distribution system is part of the adopted Township capital improvements program or master sewer plan and said system will be reasonably accessible to the proposed development, the developer shall install dry sewers designed to tie into the proposed facility upon its completion.

Standard. Any sanitary sewer collection system shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements or rights-of-way in accordance with § 104-104, Easements.

Approvals. Any treatment plant and collection system, including individual on-lot septic systems, shall be designed in accordance with the requirements of the State Department of Environmental Protection, this chapter and the applicable municipal utility authority.

Construction standards. Each applicant proposing to utilize on-site disposal shall comply with Public Law 199 as administered by the State Department of Environmental Protection.

Suitability. Each applicant proposing on-site sewage disposal shall demonstrate that the area is suitable for septic treatment, and in this regard each applicant shall comply with § 104-105B(2)(a)[3] of this chapter, which condition shall not be waived by waiver of the requirement for an environmental impact statement. Such information shall accompany a preliminary application for development.

Design.

Sanitary sewer pipe shall be sized for full flow from the tract. The Township Engineer may require larger pipe sizes to accommodate future extensions.

Minimum grades at terminal runs of all sanitary sewer lines shall be 1%.

Manholes shall be placed at every point where the sanitary sewer line changes direction. In no instance shall the spacing exceed 400 feet.

Prior to the final approval, the Township Engineer shall approve any sanitary sewer designs required to service the proposed development.

Lot grading criteria. All surface grading designated by the grading plan for the building lot shall not exceed a height of fill of 18 to 24 inches above the virgin ground. In no event shall the height of the fill result in an isolated mound in any area within the lot, including but not limited to the area immediately surrounding the dwelling. The materials designated for use as fill in the proposed septic system plan must meet the requirements of sound accepted engineering practices for said specification and use. An applicant's compliance with this section will be determined by the criteria as designated by the Township Engineer. Septic systems are not permitted in the front yard of any residential property unless waived by the Board.

[Added 8-24-1999 by Ord. No. 1999-5-7]

A set of regulations or standards for individual subsurface disposal systems, the issuance of permits or certifications and fees therefor and providing penalties for violations thereof is hereby established pursuant to N.J.S.A. 26:3-69.1 through 26:3-69.6. A complete printed copy of said set of regulations or standards is annexed hereto and made a part hereof without the inclusion of the text, and the same is hereby adopted and incorporated by reference as if set forth at length.

[Added 5-27-2003 by Ord. No. 2003-5-5]

Said set of regulations or standards adopted by this chapter is described and commonly known as the "Standards for Individual Subsurface Sewage Disposal Systems," effective January 1, 1990, 20 New Jersey Register 1790(a), and as amended and supplemented by 21 New Jersey Register 2534(a), approved by the New Jersey Department of Environmental Protection.

[Added 5-27-2003 by Ord. No. 2003-5-5]

Three copies of said Standards for Individual Subsurface Sewage Disposal Systems have been placed on file in the office of the Township Clerk and in the office of the Health Officer of the Township of Hainesport upon introduction of this ordinance[1]and will remain on file there for the use and examination of the public.

Editor's Note: "This ordinance" refers to Ord. No. 2003-5-5, adopted 5-27-2003.

Amendments to standards. The following provisions shall be added to and shall supplement and amend the Standards for Individual Subsurface Sewage Disposal Systems:

[Added 5-27-2003 by Ord. No. 2003-5-5]

N.J.A.C. 7:9A-2.1 is hereby supplemented by adding the following specific definition for the word "fill" which may be different from the definition of "fill" set forth at N.J.A.C. 7:9A-2.1:

"Fill" — The fill material will be certified nontoxic and will not exceed the NJDEP limits for priority pollutant pesticides, arsenic and lead as certified by a licensed NJDEP laboratory. Test results shall also be submitted to the Burlington County Health Department for certification.

Table 4.3, at N.J.A.C. 7:9A-4.3, titled "Minimum Required Separation Distances (feet)," shall be revised to require the following minimum separation distances between any septic disposal field and the following components:

Component	Minimum Separation Distance (feet)
Individual wells	100
Lake, pond or running stream, stormwater management basins, or drainage swales or ditch lines	100
Subsurface drains	50
Street right-of-way line	50
Property line	40
Septic tank to well	50
Disposal field to well	100

N.J.A.C. 7:9A-4.6, Surface flooding, shall be revised by amending Subparagraph (d) to prohibit the location of any septic disposal system within any 100-year floodplain.

N.J.A.C. 7:9A-6.3. Soil permeability class rating is an unacceptable method to determine permeability rates of any soil or fill material.

N.J.A.C. 7:9A-8.2, Septic tanks, shall be revised by amending Subparagraph (d): "Multiple compartment septic tanks or septic tanks in series shall be required for all residential, institutional and commercial installations of 1,000 gallons or more or for any installation of a garbage disposal."

N.J.A.C. 7:9A-10.1, General requirements for disposal fields, shall be revised by amending Tables 10.2(b) and 10.2(c), the references to design permeability.

The following tables are hereby adopted as a supplement to N.J.A.C. 7:9A-10.2, which table shall be titled "Minimum Required Disposal Field Bottom Area Per Gallon of Daily Sewage Volume, L/Q (ft/gal per day) and A/Q (ft²/gal per day)" for the sizing of disposal fields:

Table 10.2(b) Minimum Required Disposal Trench Length Per Gallon of Daily Sewage Volume L/Q (feet per gallon per day)
Permeability	Percolation Rate	Trench Width	L/Q (feet per gallon per day)
(inches per hour	(minutes per inch)	(feet):	1.5	2.0	2.5	3.0
Greater than 13 to 20	3 to 8		0.70	0.54	0.46	0.40
2 to 13	9 to 30		1.07	0.80	0.64	0.55
Less than 2 to greater than 0.2	31 to 60	Unsuitable*
Less than 0.2		Unsuitable

*Select fill is required in the zone of treatment (ZOT) if the permeability is less than two inches per hour or the percolation rate is slower than 30 minutes per inch (mpi). "Select fill" is defined as soils with an installed compacted permeability rate in a range of 13 inches to 20 inches per hour and which meet all other technical specifications of N.J.A.C. 7:9A-10.1(d).

Table 10.2(c) Minimum Required Disposal Bed Bottom Area Per Gallon of Daily Sewage Volume, A/Q (feet² per gallon per day)
Permeability (inches per hour)	Percolation Rate (minutes per inch)	A/Q (feet² per gallon per day)
13 to 20	3 to 8	1.61
Greater than 2 to 13	9 to 30	2.08
Less than 2 to greater than 0.2	Greater than 30 to 60	Unsuitable*
Less than 0.2	Unsuitable

Additional requirements. Where garbage disposal units are installed or proposed, the value obtained from this table shall be increased by a factor of 25% for use in disposal field sizing.

N.J.A.C. 7:9A-10.2, Disposal field sizing requirements, shall be revised by amending Subparagraph (d): "All disposal beds using pressure dosing and all bottom-lined soil replacement trench installations using pressure dosing shall have a minimum size of 1.61 square feet of bottom area per gallon of daily sewage volume."

N.J.A.C. 7:9A-10.1, General design requirements for disposal fields, shall be revised by amending Subparagraph (d)2.ii: "Permeability less than 20 inches per hour and greater than 2.0 inches per hour, or a percolation rate slower than three minutes per inch and faster than 30 minutes per inch."

(i)

N.J.A.C. 7:9A-10.1, General design requirements for disposal fields, shall be revised by amending Subparagraph (f)4.iii: "Permeability from 15 to 20 inches per hour; or percolation rate from three to eight minutes per inch."

(j)

N.J.A.C. 7:9A-10.1, General design requirements for disposal fields, shall be revised by amending Subparagraph (f)5.ii: "Permeability greater than six inches per hour; or percolation rate faster than 15 minutes per inch."

(k)

N.J.A.C. 7:9A-10.5(h)3. All side slopes shall be a minimum of five feet horizontal to one foot vertical (Figure 21 as amended).[2]

Editor's Note: Figure 21 is included as an attachment to this chapter.

(l)

N.J.A.C. 7:9A-11, Site soil requirements for seepage pits, shall be revised by amending Subparagraph (a) by adding "4. The same select fill requirements for the Zone of Treatment (ZOT) and the Zone of Disposal (ZOD) shall apply to seepage pit fill material."

Permit required; application and issuance.

[Added 5-27-2003 by Ord. No. 2003-5-5]

No person shall locate, construct or alter any individual sewage disposal system until a permit for the location, construction or alteration of said sewage disposal system shall have been issued by the Burlington County Health Department or the Township of Hainesport Board of Health.

The Burlington County Health Department or the Township of Hainesport Board of Health may issue a permit if an application for the same is accompanied by a certificate made by an engineer licensed to practice professional engineering in New Jersey stating that the design of the individual sewage disposal system, as proposed, complies with this ordinance.[3]

Editor's Note: "This ordinance" refers to Ord. No. 2003-5-5, adopted 5-27-2003.

Fees. The following fees and charges are herewith established:

[Added 5-27-2003 by Ord. No. 2003-5-5]

For the filing of an application and plans for a permit to locate and construct an individual sewage disposal system: $300.

For the filing of an application and plans for a permit to alter an existing individual sewage disposal system: $25.

For the issuance of a permit to locate and construct or alter an individual sewage disposal system: $25.

For the installation inspection: $200.

For each reinspection of an individual sewage system or part thereof caused by the failure of the permittee to locate and construct or alter the same in accordance with the terms of the permit issued or the terms of the aforesaid Subsection B(9)(c), an inspection fee of $150 shall be charged.

For any application for a permit to either locate and construct or to alter an individual sewage disposal system, where the applicant also seeks a waiver from any of the standards set forth in § 104-119B(6) and (7), an escrow fee of $100 shall be required to compensate the municipality for the fees incurred by the Township's professional staff in reviewing said application.

Violations and penalties.

[Added 5-27-2003 by Ord. No. 2003-5-5]

Any person who violates or neglects to comply with any provision of this chapter or ordinance established herein,[4]or notice issued pursuant thereto shall, upon conviction thereof, be liable to a penalty of not less than $50 nor more than $1,000 for each violation. In case a person shall have been twice convicted within the space of one year for the violation of the same offense, the court having jurisdiction over the matter may cause a penalty to be assessed not exceeding $1,000 or imprisonment of said person in the county jail for a period not exceeding 90 days of community service.

Editor's Note: "This ordinance" refers to Ord. No. 2003-5-5, adopted 5-27-2003.

In the event that a violation of this ordinance or any of the provisions of this chapter or ordinance established herein requires the Township to undertake judicial proceedings to enforce the provisions of this ordinance or the provisions contained herein, then the violating party, upon determination that a violation has in fact occurred, shall be responsible for all reasonable attorney's fees and costs incurred by the Board of Health and the Township of Hainesport in pursuit of said legal remedies.

COMPLEX IDENTIFICATION SIGN

Nothing contained herein shall be deemed to modify or substitute for the penalties set forth at N.J.A.C. 7:9A-1.7, but instead all penalties are designed and intended to be supplemental and separate.

§ 104-120 Shade trees.

General standards. Each applicant shall adequately provide for the landscaping of his tract, including the production of shade trees which will promote the general quality of development.

Regulations. All shade trees shall have a minimum diameter of 2 1/2 inches measured three feet above the ground and be of a species approved by the approving authority. Trees shall be planted 50 feet apart and parallel to, but no more than 25 feet from, the right-of-way line and shall be balled and burlapped, nursery grown, free from insects and disease, and true to species and variety. In the event that there does not exist the minimum width to plant the trees, the number of required trees shall be planted within other areas of the development. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area and to conform to adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season.

[Amended 4-12-2011 by Ord. No. 2011-2-3]

§ 104-121 Sidewalks.

General standards. An applicant shall provide sidewalks where their production is in accord with proper design of his project, consistent with prevailing community standards in the area in which the applicant's project is located and consistent with aesthetic principles.

Regulations. Sidewalks shall be required at the reviewing board's discretion depending on the probable volume of pedestrian traffic, the street classification in instances where streets are involved, school bus stops, the development's location in relation to other populated areas and the general type of improvement intended. Where required, sidewalks shall be at least four feet wide and located as approved by the approving authority. Sidewalks shall be at least four inches thick, except at points of vehicular crossing where they shall be at least six inches thick, having a twenty-eight-day compressive strength of 4,500 psi and shall be air-entrained concrete.

§ 104-122 Sight triangles.

General standards. The applicant shall be required to design a safe traffic pattern for his proposal. In order to achieve proper safe traffic flow, sight triangles shall be required which will eliminate hazardous turning movements.

Regulations. Sight triangles shall be required at each quadrant of an intersection of streets and of streets and driveways. The area within sight triangles shall be either dedicated as part of the street right-of-way or maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle, no grading, planting or structure shall be erected or maintained more than 24 inches above the street center line or lower than eight feet above the street center line except for street name signs and official traffic regulation signs. Where any street involves earth banks or vegetation, including trees, the developer shall trim such vegetation and trees as well as establish proper excavation and grading to provide the sight triangle. The sight triangle is that area bounded by the intersecting street center lines and a straight line which connects sight points located on each of these center lines. Where the intersecting streets are of the same type, or a combination of types, two overlapping sight triangles shall be required. These sight triangles are diagrammed in the Burlington County Development Resolution. The classification of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the Planning Board at the time of the application for approval for a new street not included on the Master Plan. A sight triangle easement dedication shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Burlington Land Development Ordinance." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the zoning provisions.

§ 104-123 Signs.

[Amended 8-25-1987 by Ord. No. 1987-9-6; 8-24-1999 by Ord. No. 1999-5-7]

Scope. In all zoning districts of the Township of Hainesport, signs may be erected, altered, maintained, used, replaced, removed or moved only in compliance with the provisions of this section, except that any sign inside a structure or building which is not visible from outside the building or structure is excluded from the requirements hereinbelow.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ATTACHED SIGN

Any sign erected, constructed or maintained on a building with the principal support of said sign being the building, including specifically the painting of signs or displays on the exterior surface of a building. Attached signs shall be not more than 10 inches off the building to which they are attached.

BANNER

A cloth or opaque material with an identifying message.

BILLBOARD

Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than that on a building or its grounds, giving the name and/or occupation of the user of the premises, the nature of the business conducted therein or the products primarily sold or manufactured therein.

[Amended 5-25-2004 by Ord. No. 2004-7-4]

CANOPY SIGN

Any sign that is displayed beneath a sidewalk canopy or sidewalk awning so as to be perpendicular to that sidewalk.

A sign which identifies either an office complex or an industrial park without reference to individual tenants or uses.

DEVELOPMENT SIGN

A sign designating the name of a subdivision of residential homes, whether single-family or multifamily, attached or detached, or an apartment complex.

DIRECTIONAL SIGN

A sign which identifies the entrance or exit of a site.

DIRECTORY SIGN

Any sign which contains a complete listing of either all tenants in a building complex and/or a complete listing of all buildings in a building complex.

ERECT

To build, construct, attach, place, suspend or affix, and shall also include the painting of wall signs and the painting of signs or displays on the exterior surface of the building, structure or material surface.

EXTERNALLY LIGHTED

Any sign whose sole source of artificial illumination is outside the display portion of the sign.

FREESTANDING SIGN

Any sign not attached to a building, erected, constructed or maintained on a post or pole, or other bracing or supporting device, being to support the sign.

FUNCTIONAL SIGNS

Directional, information or public service signs, such as signs advertising locations of rest rooms, telephones or similar facilities of public convenience, including entry and exit signs from parking areas. Functional signs shall not include any name or business or message other than the directional or informational material as above.

INTERNALLY LIGHTED

Any sign whose sole source of artificial illumination is contained within the display portion of the sign.

MOBILE SIGN

A sign which is not permanently attached to a building or not placed in the ground in such a fashion as to be permanent in a manner conforming to the Uniform Construction Code or which is located or attached to a trailer, on wheels, or other similar attachment such that the sign may be moved from place to place, either within the lot or to another location.

MULTIPLE OCCUPANCY AND TENANCY SIGN

A single sign relating to a use or facility, such as a shopping center, industrial park or office complex, where there is more than one occupancy and/or tenancy of uses, where said multiple occupancy and tenancy use a common parking facility and/or a common private drive or roadway and where the names and professions or business names of the various tenants and/or occupants are displayed.

OFFICIAL SIGN

Any sign, symbol or device erected, constructed or maintained by the federal, state, county or local government, or any agency thereof, for the purpose of informing or guiding the public or for the protection of the public health, safety and welfare.

OFF-SITE COMMERCIAL ADVERTISING SIGN

A sign which directs attention to a business commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

PROJECTING SIGN

A sign that is suspended or supported from a building so as to be perpendicular to the facade from which it projects.

REAL ESTATE SIGN

A sign of an owner of real property or of a licensed real estate broker designating a property "for sale" or "for lease."

ROOF SIGN

An attached sign erected, constructed or maintained upon or over the roof of any building, where the principal support of said sign is the roof structure.

SIGNBOARD

Any structure or part thereof on which lettered or pictorial matter is displayed for advertising or notice purposes.

SIGN HEIGHT

In the case of a freestanding sign, the height of the sign will be computed from grade level to the greatest height at any one point in the sign. In the case of an attached sign, no sign can be higher than the level of a second floor windowsill in a two-or-more-story building, nor can it be higher than the lowest point of the roofline in a single-story building, except where a roof sign is expressly permitted in certain districts.

SIGN SIZE

The square foot area of a sign computed by multiplying its greatest width by its greatest length, exclusive of supporting structures and bracing devices, unless such supporting structures and bracing devices are illuminated or are in the form of a symbol or contain words or symbols, in which case the supporting structure shall also be computed in determining sign size. Two- or three-sided signs carrying exactly the same message on each side shall be measured by using the surface area of one side in the case of two-sided signs or two sides in the case of three-sided signs. When there is a different message on each side of the sign, each side will be considered and used in computing sign size, or each side will be considered a separate sign.

TEMPORARY SIGN

A sign which is not permanently attached to a building structure or permanently affixed to a freestanding structure and which may be erected for a limited period of time in compliance with the provisions of this chapter.

TENANT SUITE SIGN

An outdoor sign which identifies each particular business in a multitenant structure, which has no common lobby and which is located at the main entrance of that particular business.

WARNING SIGN

A sign indicating no trespassing or no fishing and/or hunting and an existing danger where a warning is legally required.

WINDOW SIGN

Any sign erected, constructed or maintained in or on a window of a building, visible from outside the building, whether illuminated or nonilluminated.

General regulations. The following regulations shall be applicable to all zones, except as specifically limited:

No sign shall be placed in such a position that it will cause danger to traffic, which either is on a street or which is entering a street, by obscuring the view of traffic on either street. In no case shall any sign, other than an official sign or directional sign, be erected within the official right-of-way of any street unless specifically authorized by ordinance or regulations of Hainesport Township.

Size and area.

All signs shall be measured at the perimeter of their signboards. Measurements shall not include the pedestal.

The area of sign which has its letters, numbers, logos or symbols directly affixed or painted to the facade of the building or wall shall be determined by extending an imaginary line six inches above the largest letter, number, logo or symbol and six inches below the lowest and by extending an imaginary line six inches outside the farthest left and right sides of the letter, number, logo or symbol. The area enclosed by the imaginary lines shall constitute the size of the sign.

All signs shall be permanently fixed to the ground or attached to a building or structure in a manner conforming to state statutes and Township of Hainesport ordinances.

No sign shall be erected containing information on it which states or implies that a property may be used for any purpose not permitted under the provisions of this chapter in the zoning district in which the property to which the sign relates is located.

Signs advertising an establishment or use no longer in existence or a product no longer available shall be removed within 14 days after final business closing.

In order that no sign may be injurious to public interest or endanger the interests of public safety, signs without proper permits shall be removed upon receipt of a written notice of violation served by the Zoning Officer or his representative to the landowners or lessee of the sign. Such violation shall be discontinued immediately upon receipt of notice. All existing signs found not to be injurious to public interest or to not endanger the interests of the public as determined by the Zoning Officer or his representative must obtain a permit within 90 days from the effective date of this chapter.

Every sign permitted by this section must be constructed of durable materials and must be kept in good condition and repair. All signs shall be periodically maintained by the owner of said sign, including painting, repairing and cleaning as necessary. Any sign that, because of improper maintenance, is deemed by the enforcing authority to be in a state of disrepair, such that the sign is no longer functional or visible or is dangerous to the safety of others, shall be repaired by the owner of said sign within 14 days of notice indicating the requirement of said repair; otherwise, the sign shall be removed.

Official governmental signs which can be regulated by this chapter shall be regulated to conform to the zone in which they are placed. Official government signs which cannot be regulated by this chapter shall be exempt from the requirements.

The minimum letter size for all signs, except official government signs, directory signs, home professional signs, no trespassing signs, addresses and tenant suite signs, shall be three inches.

All buildings are required to be numbered.[1]Building numbers shall not be interpreted to be signs, unless they meet the following criteria:

Nonresidential buildings less than 25 feet tall with addresses which have either any letter sizes greater than two feet in height or which have more than seven characters shall be interpreted as having a sign.

Nonresidential buildings greater than 25 feet tall with addresses which have either a letter size greater than three feet in height or which have more than seven characters shall be interpreted as having a sign.

Editor's Note: See Ch. 62, Buildings, Numbering of.

Signs required by law are permitted.

Permit required; application; fees.

A sign permit is required for every sign erected or maintained in the Township. Any sign erected or maintained without a valid permit is hereby declared to be a public nuisance and is subject to abatement by the Zoning Officer at the expense of the owner.

All sign permit applications shall include the following:

A completed sign permit application form.

Authorization from the owner of the property on which the sign is to be erected.

The architectural elevation of any building for which a facade sign is proposed.

A sketch of the sign, including the copy.

A plot plan indicating the location of any freestanding sign.

Official government signs, no hunting signs and no trespassing signs shall not require an application for a sign permit or the posting of any fees.

There shall be no fee required for signs which are erected by schools, churches, hospitals, nonprofit organizations or civic nonprofit organizations.

Temporary signs. The following regulations shall be applicable to all temporary signs:

Temporary signs of contractors, architects, tradesmen and artisans are permitted subject to the following requirements:

No more than one sign shall be permitted per residential lot for each contractor, architect, tradesman or artisan. Such sign shall not exceed six square feet.

No more than one sign, inclusive of all contractors, architects, tradesmen or artisans, shall be permitted per nonresidential site. Such sign shall not exceed 32 square feet.

These signs shall be removed within seven days of the completion of work.

A sign indicating the development of a site or subdivision is permitted where preliminary site plan or subdivision approval has been granted by the Board subject to the following requirements:

One sign shall be permitted per site of 10 acres or less. Sites of 10 acres or more shall be permitted two signs if there is frontage on more than one road.

Development signs shall not exceed 32 square feet in area.

Temporary real estate signs indicating the prospective or completed sale or rental of a premises are permitted subject to the following requirements:

The sign shall not exceed six square feet for a residential use. The sign shall not exceed 20 square feet or a height of six feet for a nonresidential use.

Only one sign shall be permitted per lot, except in the following instances:

Residential lots with a reverse frontage shall be permitted two signs. One sign shall be placed on each street.

Commercial lots with a frontage on more than one street shall be permitted two signs.

Temporary real estate signs shall be removed within seven days after the consummation of a lease or sales agreement.

Temporary real estate signs shall not be illuminated.

Signs advertising an open house may be erected so as to direct individuals to the site. These signs may be erected no more than three hours prior to the start of the open house and remain no longer than three hours after its conclusion.

Temporary signs or banners announcing any educational, charitable, civic, religious or like event, fair, bazaar, auction or any special and limited commercial or professional event are permitted subject to the following requirements:

Only one temporary sign shall be permitted at any time.

The size of the sign shall not exceed 32 square feet in area and six feet in height.

No more than one temporary sign permit may be granted per month in any calendar year.

The period of time during which any such temporary sign is permitted shall not exceed five days prior to the event and the sign must be removed 24 hours after the event.

Applications for such signs shall include the language which is to be displayed on the sign.[2]

Editor’s Note: Former § 104-123E(5), regarding temporary political signs, which immediately followed this subsection, was repealed 4-12-2011 by Ord. No. 2011-2-3.

Prohibited signs. The following signs are prohibited:

Any sign, other than a warning or safety sign, which is designed or intended to attract attention by a physical movement or flashing, blinking or twinkling lights is prohibited. Stationary time-and-temperature displays are permitted.

Signs with any lighting or central mechanism which may cause radio or television interference.

Any sign so erected, constructed or maintained as to:

Obstruct any fire escape, window, door or opening used as a means of egress or ingress.

Interfere with any opening required for legal ventilation.

Any sign whose form, character or shape may confuse or dangerously distract the attention of the operator of a motor vehicle.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Any advertisement which uses a series of two or more signs or units, placed in a line parallel to the highway, where each signboard carries a part of the total message.

Signs which in any way simulate official, functional, directional or warning signs erected or maintained by the State of New Jersey or a county, borough or municipality thereof, any railroad, public utility or similar agency concerned with the protection of public health or safety.

No sign, except such directional devices as may be required by the federal aeronautical authorities, shall be placed, inscribed or supported upon the roof or upon the structure in such a fashion as will cause the sign to extend above the roof of any building.

Any sign attached to or painted on trees, fences, utility poles, rocks, curbs, walks, lamps, hydrants, benches or bridges. This subsection does not apply to attached "no trespassing," "no fishing" and/or "no hunting" signs and warning signs, such as "beware of dog," "high voltage," "buried cables," etc.

Mobile signs.

Signs affixed to motor vehicles and/or storage trailers which are regularly parked, stopped or located so as to be conspicuous.

Signs permitted in all zones.

The following signs are permitted as indicated:

Permanent identification signs for major residential subdivisions shall not exceed 32 square feet in area and shall be limited to one sign for every entrance.

Permanent project identification signs for townhouse or multifamily residential developments shall be limited to one sign per entrance and shall not exceed 32 square feet.

Permanent project identification signs shall be integrated into the site with landscaping.

Review and approval of the location and landscaping of such signs shall be a part of preliminary subdivision or site plan approval.

Signs advertising the sale of farm products, as permitted by this chapter, may be erected and maintained, provided that:

The area of such sign shall not exceed 16 square feet.

Not more than one such sign shall be erected and maintained.

Such signs shall be displayed only when such products are on sale.

Signs advertising a home professional occupation are permitted, provided that:

No more than one freestanding sign or facade sign shall be permitted.

The area of said sign shall not exceed two square feet if located on a county or state road. When said sign is located on a Township of Hainesport road, the area shall not exceed one square foot.

Signs indicating the name of a particular club, lodge, social organization, farm or estate may be erected and maintained, provided that:

The area of such sign shall not exceed 16 square feet.

Not more than one such sign shall be permitted.

Any such sign shall be located on the same lot as the organization, farm or estate.

Signs prohibiting or otherwise controlling trespassing, fishing and/or hunting shall be limited to one sign for each 50 feet of street frontage. Each sign shall not exceed one square foot in area.

Signs of schools, colleges, churches, hospitals or other similar institutions may be erected and maintained, provided that:

The area of any such sign shall not exceed 20 square feet.

Not more than one such sign shall be permitted. In addition, one changeable-copy sign not exceeding 32 square feet in area and six feet in height shall be permitted, unless such premises fronts on more than one street, in which case two such signs are permitted.

Signs for commercial or business uses may be placed in storefront windows, provided that the area of the sign does not exceed 20% of the total window area.

Temporary signs in accordance with Subsection E are permitted in all zones.

Signs in Highway Commercial and General Commercial Districts.

Permitted signs.

Each lot shall be permitted one freestanding sign, except for shopping centers as regulated by § 104-123H(5).

Each building shall be permitted one facade sign, except for shopping centers as regulated by § 104-123H(5).

Each lot, including shopping centers, shall be permitted temporary signs as regulated by § 104-123E.

Each lot, including shopping centers, shall be permitted those signs which are permitted in all zones as regulated by § 104-123G.

Each lot shall be permitted directional signs as needed.

Shopping centers shall be permitted only those additional signs which are described in Subsection H(5) of this section and regulated therein.

All freestanding signs, including ground-mounted signs, may have a portion of their signboard utilizing light-emitting diode (LED) technology. The LED portion of the sign shall not occupy more than 1/3 of the total signboard area. The brightness or intensity of any LED used in such letters and numerals shall not exceed a maximum of 5,000 candelas per square meter during daytime hours, and 500 candelas per square meter between dusk and dawn, at the source. Blinking displays are prohibited.

[Added 2-12-2013 by Ord. No. 2013-1-1]

Facade signs.

All facade signs shall not exceed an area of 80 square feet or 15% of the principal facade, whichever is smaller.

All facade signs shall project no more than two feet beyond the front of the facade.

All facade signs shall be a minimum of one foot below the roofline.

Freestanding signs.

Freestanding signs shall not exceed an area of 80 square feet per visible side.

Freestanding signs shall not exceed 18 feet in height.

There shall be a minimum distance of 15 feet between any property line and the nearest portion of any freestanding sign.

There shall be a minimum distance of 50 feet between the nearest portion of any freestanding sign and another freestanding sign.

All freestanding signs, except ground-mounted signs, must have at least eight feet of clearance between grade and the bottom of the sign.

Directional signs.

Directional signs shall not exceed three square feet.

Directional signs shall be internally lit.

Areas where directional signs are placed shall be supplemented with landscaping to provide visual distinction to the location where the sign is placed.

Directional signs designating exits shall not be permitted along road frontages unless a separate exit-only condition exists.

Directional signs shall be located a minimum distance of five feet from a right-of-way or property line and shall be a minimum of one foot outside any road or driveway sight triangle.

[Added 4-12-2011 by Ord. No. 2011-2-3]

Shopping center signs.

Freestanding signs.

All shopping centers shall be permitted one freestanding sign. These signs shall not exceed an area of 80 square feet per visible side or a height of 18 square feet.

Shopping centers of 20 acres or more shall be permitted one additional sign for each additional detached business structure located within the lot of the shopping center. These signs shall not exceed an area of 80 square feet per visible side or a height of eight feet. No more than a total of two freestanding signs shall be permitted in any entire shopping center.

All freestanding signs in a shopping center shall conform to the locational requirements of § 104-123H(3)(c) and (d).

Each tenant of a shopping center who opens for business while that shopping center is under construction shall be permitted one freestanding sign of not more than 12 square feet in area nor more than six feet in height. No more than three such signs shall be permitted per shopping center. If four or more tenants are open for business in a shopping center which is under construction, then those tenants shall be permitted one freestanding sign not more than 32 square feet for their combined use. These signs shall be removed within seven days of the completion of the shopping center. These signs shall conform to the locational requirements of § 104-123H(3)(c), (d) and (e).

Facade signs.

Each business use sign in a shopping center shall not exceed 80 square feet or 15% of the business' principal facade, whichever is smaller.

Except for anchor stores, facade signs in shopping centers shall be consistent in proportion, color and style.

All facade signs in a shopping center shall project no more than two feet beyond the front of the facade.

All facade signs in a shopping center shall be located a minimum of one foot below the roofline.

Canopy signs.

Each business use in a shopping center shall be permitted one canopy sign.

Canopy signs in a shopping center shall not exceed three square feet.

All canopy signs shall be consistent in proportion, color and style.

Directional signs.

Directional signs shall be permitted in shopping centers.

Directional signs shall not exceed three square feet.

Directional signs shall be internally lit.

Areas where directional signs are placed shall be supplemented with landscaping to provide visual distinction to the location where the sign is placed.

Directional signs designating exits shall not be permitted along the primary frontage unless a separate exit-only condition exists.

Gasoline service stations and public garages. In addition to the previously listed signs, the following signs are permitted for gasoline service stations and public garages:

One sign, located over each service bay, of no more than 20 square feet, with a maximum of three signs.

Signs indicating the location of station services, i.e., air and water (AC, BC and SRC Districts).

One freestanding pole or ground-mounted sign advertising the name of the station or garage, including any company or brand name, insignia or emblem, provided that such sign does not exceed 30 square feet in overall area and shall be located no closer than 15 feet to any property line and the nearest portion of any freestanding sign. All freestanding signs except ground-mounted signs must have at least eight feet of clearance between grade and the bottom of the sign nor the top more than 18 feet. Such signs may display the day's fuel prices in numerals no more than nine inches high. The numerals may be formed utilizing light-emitting diode (LED) technology. The brightness or intensity of any LED used in such numerals shall not exceed a maximum of 5,000 candelas per square meter during daytime hours, and 500 candelas per square meter between dusk and dawn, at the source. Blinking displays are prohibited.

[Added 2-12-2013 by Ord. No. 2013-1-1]

Signs in R-C Residential Commercial Districts. Within this zone, no sign shall be erected or altered, in whole or in part, unless it complies with the following regulations:

Permitted signs.

Each lot shall be permitted either one freestanding or one projecting sign. If the building is located within 10 feet of a curbline, a freestanding sign shall not be permitted.

Each lot shall be permitted one facade sign.

Each lot shall be permitted temporary signs as regulated by § 104-123E.

Each lot shall be permitted those signs which are permitted in all zones as regulated by § 104-123G.

Signs which are internally lighted shall not be permitted.

Facade signs.

Facade signs shall not exceed an area of 12 feet.

Facade signs shall be located not less than eight feet above grade nor more than 12 feet above grade.

Facade signs shall project no more than two feet beyond the front of the facade.

Facade signs shall be located no less than one foot below the roofline.

Freestanding signs.

Freestanding signs shall not exceed an area of 12 square feet per side.

The bottom of a freestanding sign shall be a minimum of eight feet above grade. The top of a freestanding sign shall be a maximum of 12 feet above grade.

There shall be a minimum distance of 15 feet between any property line and the nearest portion of any freestanding sign. This requirement may be waived where the existing building setback is less than 15 feet.

There shall be a minimum distance of 25 feet between the nearest portion of any freestanding sign and another freestanding sign.

Projecting signs.

Projecting signs shall not exceed an area of 12 square feet per side.

The bottom of a projecting sign shall be no less than eight feet above grade. The top of a projecting sign shall be no more than 15 feet above grade.

The outside edge of a projecting sign shall be no farther than five feet from the building.

Signs in Office and Professional Office Districts. Within this zone, no sign shall be erected or altered, in whole or in part, unless it complies with the following regulations:

Each lot shall be permitted one ground-mounted freestanding sign, not to exceed 25 square feet per visible side.

[Amended 4-12-2011 by Ord. No. 2011-2-3]

Multitenant structures.

Each building shall be permitted one facade sign, not to exceed 15 square feet per visible side.

[Amended 4-12-2011 by Ord. No. 2011-2-3]

Each multitenant structure which has no common lobby shall be permitted one tenant-suite sign for each tenant.

Each multitenant structure which has no common lobby and contains 20,000 square feet of gross floor area for five or more tenants shall be permitted directory signs as regulated by § 104-123M(5).

Each lot shall be permitted temporary signs as regulated by § 104-123E.

Each lot shall be permitted those signs which are permitted in all zones as regulated by § 104-123G.

Each lot shall be permitted one directional sign.

Signs in the Senior Citizen District. Within this zone, no sign shall be erected or altered, in whole or in part, unless it complies as regulated by § 104-123G, H and J, as applicable.

Signs in the PRD Planned Residential Development District. Within this zone, no sign shall be erected or altered, in whole or in part, unless it complies as regulated by § 104-123G, as applicable.

Signs in I Industrial District. Within this zone, no sign shall be erected or altered in whole or in part unless it complies with the following regulations:

Permitted signs.

Each lot shall be permitted either one facade sign or one freestanding sign.

Each lot shall be permitted temporary signs as governed by § 104-123E.

Each lot shall be permitted those signs which are permitted in all zones as regulated by § 104-123G.

Signs for multitenant structures.

Each multitenant structure which has no common lobby shall be permitted one tenant sign for each tenant.

Each multitenant structure which has no common lobby and contains 20,000 square feet of gross floor area for five or more tenants shall be permitted directory signs as regulated by § 104-123J(2)(c).

In addition to those signs permitted above, Industrial Districts shall be permitted those signs described in § 104-123J and as regulated therein.

Facade signs.

Facade signs shall not exceed an area of 60 square feet or 15% of the principal facade, whichever is smaller.

Facade signs shall project a maximum of two feet below the roofline.

All facade signs shall be a minimum of two feet below the roofline

All facade signs shall be consistent in proportion, finish and style.

Each building that has frontage on a roadway either internal or external to any industrial park or within any industrial district shall be permitted an additional facade sign. Said facade sign shall face the roadway where the frontage occurs. The facade sign shall not exceed the area requirements as governed by § 104-123M(2)(a).

[Added 2-12-2013 by Ord. No. 2013-1-1]

Freestanding signs.

Freestanding signs shall not exceed an area of 32 square feet.

All freestanding signs shall be ground-mounted.

There shall be a minimum distance of 15 feet between any property line and the nearest portion of all freestanding signs.

There shall be a minimum distance of 50 feet between the nearest portion of any freestanding sign and another freestanding sign.

Tenant-suite signs.

Tenant-suite signs shall not exceed an area of three square feet.

Tenant-suite signs shall be located at the main entrance of the particular business.

Tenant-suite signs shall be consistent in proportion, finish and style.

Directory signs.

Directory signs shall be located within the site so as to allow motorists to leave the flow of traffic and safely read the directory.

Directory signs shall not exceed an area of 32 square feet.

No more than one directory sign shall be permitted for each site entrance.

Directional signs shall be located a minimum distance of five feet from a right-of-way or property line and shall be a minimum of one foot outside any road or driveway sight triangle.

[Added 4-12-2011 by Ord. No. 2011-2-3]

Billboards.

[Added 5-25-2004 by Ord. No. 2004-7-4]

Purpose. The purpose and intent of this subsection is to regulate outdoor billboard signs to promote the health, safety, and general welfare of the citizens of the Township of Hainesport.

Location of billboard signs. An outdoor billboard sign shall be permitted as a conditional use in the I-1 Zone and on Township-owned property in any Commercial or Highway Zone, and shall be located in accordance with the regulations set forth below.

[Amended 10-9-2018 by Ord. No. 2018-13]

Bulk restrictions and other regulations for billboards.

No billboard sign shall be permitted which bears a message, except a noncommercial message, which does not advertise an activity, service or product conducted or available on the premises upon which the sign is located unless otherwise permitted by this subsection.

The maximum permitted size of the advertising area of a relocated billboard shall not exceed 300 square feet. The area of a permitted sign shall be determined by multiplying the greatest horizontal dimension by the greatest vertical dimension, including spaces between open-type letters and figures and including the background structure or other decoration or addition which is an integral part of the sign. Sign supports shall be excluded in determining the area of a sign. Only one side of a double-faced sign structure shall be used in computing total sign area. The maximum vertical length of the billboard shall not exceed 14 feet. The maximum horizontal length of the billboard shall not exceed 48 feet.

No billboard shall either be located on top of a building or exceed 25 feet in height above the roadway. Signs shall not extend above the roof level of the building to which they are attached.

A landscape mitigation plan shall be provided in a manner acceptable to the Township Planning Board.

The issuance of a billboard permit shall not relieve the owner or lessee of the premises from the duty of maintaining safely any such structures. No billboard of any description shall be installed, erected, constructed or maintained in such manner as to obstruct any fire escape or any window or door, nor shall any sign be attached in any manner to a fire escape. Every billboard constructed or maintained shall be plainly marked with the name of the person, firm or corporation erecting or maintaining such sign.

[6]

Such billboard shall be located a minimum of 300 feet from residential or mixed-use districts. A distance of no less than 200 feet shall be permitted if the applicant can demonstrate to the Planning Board that maintaining a 300-foot distance from a residential or mixed-use district cannot be achieved or that no residential structure or structures can be erected within 300 feet of the proposed billboard location. Under such circumstances, the Board may grant the application, provided that the applicant submits an appropriate landscape buffer plan.

[7]

Billboards shall be spaced no less than 500 feet apart.

[8]

No billboard shall extend over a public sidewalk or other public area.

[9]

No billboard or billboards shall be stacked over or placed next to any billboard.

[10]

Whenever a billboard sign becomes structurally unsafe, endangers the safety of the building or endangers the public safety, the Zoning Officer shall order that such sign be made safe or removed. Such order shall be complied with within 10 days of the receipt thereof by the person owning or using the sign or the owner of the building or premises on which the unsafe sign is affixed or erected. Failure to obey such orders shall be a violation of this subsection.

[11]

No billboard sign shall contain flashers, animators or mechanical movement or contrivances of any kind, except clock and temperature-stating devices.

[12]

Illumination devices, such as, but not limited to, floodlights or spotlights, shall be so placed and so shielded as to prevent the rays of illumination thereof from being cast into neighboring properties and approaching vehicles.

Traffic safety. No sign shall be erected in the Township that would:

Obstruct the sight distance at any intersection along a public right-of-way.

Tend by its location, color, shape, message or nature to be confused with or obstruct the view of traffic signs or traffic signals by motorists or pedestrians.

Use admonitions such as "stop," "go," "slow," "danger," etc., which might be confused with traffic directional signs.

Encroach upon the right-of-way lines of any street unless specifically authorized by other ordinances or regulations of the Township.

Exceptions. The Township may grant exceptions, by resolution, for any event of public interest, such as a church or public meeting, local, county or state fair, volunteer fire department fair, special events of service clubs and nonprofit organizations and other similar community activities. Such signs shall be removed by the entity erecting the same within 10 days following the applicable event.

Enforcement. The Township Committee, through its Zoning Officer, shall enforce the provisions of this subsection. Said designee shall be hereinafter referred to as the "enforcing official."

Upon discovery of an alleged violation of this subsection, the enforcing official shall serve written notice, either by personal service or certified mail, return receipt requested, on the owner of the sign and/or the owner or lessee of the property where the sign is located ordering the sign to be brought into conformity with provisions of this chapter, or its removal, with 30 days of the date of said notice or seven days if the alleged violation concerns a temporary sign. The notice shall include notification that if the sign is not brought into conformity or removed within such time, a summons and/or complaint will be issued. In the event that said sign is not brought into conformity with the provisions of this chapter or removed prior to said 30 days or seven days from the date of said notice, the enforcing official shall cause a summons and/or complaint to be issued.

Should the owner of an outdoor billboard sign and/or the owner or lessee of the property where a sign is located violate the provisions of this chapter a second or further subsequent time(s) after receiving notice hereinabove for an initial violation, a summons and complaint shall issue for such second or further subsequent violation without further notice and opportunity to conform, and the enforcing official may summarily remove signs violating this subsection. The notice provided for initial violations shall set forth the consequences for second or further subsequent violations.

Summary removal. In the event that it shall be determined by the enforcing official that the presence of any sign, either by reason of its construction, location or lack of maintenance and repair, presents a hazard to the health, safety and welfare of the residents of the Township of Hainesport, or where a sign is in violation of this chapter, said enforcing official shall be empowered to immediately effectuate the removal of said sign, and the expenses and costs of said removal shall be borne by the owner of said sign and/or the owner or lessee of the property upon which the sign is located.

Violations and penalties.

For an initial violation of this subsection, the sentencing court shall impose a fine of not less than $25 nor more than $200.

For second or further subsequent violations, the sentencing court shall impose a fine of not less than $50 nor more than $1,000.

In addition to any fine imposed for a violation of this subsection, the sentencing court shall order the removal of the sign or the sign being brought into conformity with the provisions of this chapter at the owner's sole expense.

Nonconforming signs.

Any nonconforming sign which has a valid permit on the effective date of this chapter shall be deemed to have legal nonconforming status.

Loss of legal nonconforming status.

A legal nonconforming sign shall immediately lose its legal nonconforming status if:

The sign is altered in any way, in structure, size or location.

The sign is replaced.

Upon the happening of any one of the above events, the sign shall be immediately brought into compliance with this chapter with a new permit, in accordance with the provisions of this chapter, or shall be immediately removed.

Enforcement; violations and penalties.

Enforcement.

The Township Committee, through said Committee's designee, in the Township Department of Enforcement, shall enforce the provisions of this section. Said designee shall be hereinafter referred to as the "enforcing official."

Upon discovery of an alleged violation of this section, the enforcing official shall serve written notice, either by personal service or certified mail, return receipt requested, on the owner of the sign and/or the owner or lessee of the property where the sign is located, ordering the sign to be brought into conformity with provisions of this chapter, or its removal, within 30 days of the date of said notice or seven days if the alleged violation concerns a temporary sign. The notice shall include notification that if the sign is not brought into conformity or removed within such time, a summons and/or complaint will be issued. In the event that said sign is not brought into conformity with the provisions of this chapter, or removed, prior to said 30 days or seven days from the date of said notice, the enforcing official shall cause a summons and/or complaint to be issued.

Should the owner of a sign and/or the owner or lessee of the property where a sign is located violate the provisions of this chapter a second or further subsequent time(s) after receiving notice hereinabove for an initial violation, a summons and complaint shall issue for such second or further subsequent violation without further notice and opportunity to conform, and the enforcing official may summarily remove signs violating this section. The notice provided for initial violations shall set forth the consequences for second or further subsequent violations.

Violations and penalties.

For an initial violation of this section, the sentencing court shall impose a fine of not less than $25 nor more than $100.

For second or further subsequent violations, the sentencing court shall impose a fine of not less than $50 nor more than $500.

§ 104-124 Soil erosion and sediment control.

In addition to any fine imposed for a violation of this section, the sentencing court shall order the removal of the sign or the sign being brought into conformity with the provisions of this chapter at the owner's sole expense.

[Amended 4-12-1994 by Ord. No. 1994-4-3]

All developments shall incorporate soil erosion and sediment control in accordance with county standards. See Chapter 155, Soil Removal.

§ 104-125 Streets.

General standards.

The development plan shall conform to design standards that will encourage good development patterns within the Township. Where either or both an Official Map or Master Plan has or have been adopted, the application for development 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 the application for development. Where no Master Plan or Official Map exists, streets and drainage rights-of-way shall be shown on the final plat in accordance with Section 20 of Chapter 433 of the Laws of 1953[1] and shall be such as to lend themselves to the harmonious development of the Township and enhance the public welfare in accordance with the following specific design standards of this chapter.

Editor's Note: See now N.J.S.A. 40:55D-44.

Specific design requirements. Design criteria and policy shall at a minimum meet the standards established for comparable improvements installed by the Township. They shall, in addition, be subject to the following design requirements:

Major development street design. A major development shall be so designed as to provide a street pattern which is curvilinear in design. The design of the residential development street pattern shall be based upon a local residential street pattern connected to a residential collector street system.

Arrangement. The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.

Minor streets. Minor streets shall be so designed as to discourage through traffic.

Marginal service road. Development abutting arterial streets shall provide twenty-five-foot buffer strips for planting or some other means of separation of through and local traffic as the reviewing board may determine appropriate.

[Amended 4-12-1994 by Ord. No. 1994-4-3]

Entrance and access regulations. In all residential zones, development bounded by an arterial or collector street shall control access to said streets by having all driveways intersect minor streets. Where the size, shape, location or some other unique circumstance may dictate no other alternative than to have a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities so it is not necessary to back any vehicle onto an arterial or collector street, and abutting lots shall share a common access drive. All lots requiring reverse frontage shall have additional depth to allow for the establishment of the buffers. Developments of more than 28 units shall have two separate means of access and egress on public streets, which conform to Township ordinances.

[Amended 8-24-1999 by Ord. No. 1999-5-7]

Right-of-way width.

In all developments, the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street, although a greater width may be required in accordance with the following schedule. Where any arterial or collector street intersects another arterial or collector street, the right-of-way and cartway requirements shall be increased by 10 feet on the right side of the street approaching the intersection for a distance of 300 feet from the intersection of the center lines.

Street	Right-of- Way (feet)	Cartway (feet)	Sidewalks Recommended	Parking Permitted in Right-of-Way
Industrial	60	40	No	No
Major arterial	120	60	Yes	No
Primary arterial	86	46	Yes	No
Collector	66	46	Yes	Yes
Local feeder	60	40	Yes	Yes
Minor	50	34	Yes	Yes

The right-of-way for internal roads and alleys in multifamily, commercial and industrial developments shall be determined on an individual basis and shall be subject to the approval by the reviewing board.

Dedication. In the event that a development adjoins or includes existing Township streets that do not conform to widths as shown on either the Master Plan or Official Map or the street width requirements of this chapter, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design by creating oversized lots to accommodate the widening at some future date. The additional widening may be offered to the Township for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way and shall be expressed on the plat as follows: "Street right-of-way granted to the Township of Hainesport permitting the Township to enter upon these lands for the purpose of maintaining a street and appurtenant uses such as storm drainage, sewer and water lines, streetlights, sidewalks and curbs. Additional dedication under this subsection shall be made at the time of final approval of a development application if the additional dedication bears a reasonable nexus to the needs generated by the development application." This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain any facilities installed in this area dedicated by ordinance or as shown on the plat or as provided for by any maintenance or performance guaranties. If the development is along one side only, 1/2 of the required extra width shall be anticipated.

Reserve strips. No development showing reserve strips controlling access to streets or another area, either developed, shall be approved except where the control and disposal of land comprising such strips has been given and accepted by the governing body.

Grades.

Longitudinal grades on all local streets shall not exceed 10% nor 4% on arterial and collector streets. No street shall have a longitudinal grade of less than 3/4 of 1%. Maximum grades within intersections shall be 4%. The slope of the cartway from the center line to the curbline or edge of the paving shall be 2%. Where the cartway is banked to facilitate a curve in the street in the street alignment, the slope toward the curbline or shoulder shall conform to accepted engineering practices.

In general, continuous longitudinal downgrades shall not be run for more than 1,000 feet. Where the general ground slope makes longer runs desirable, such run shall be broken by a short upgrade of sufficient length to create a low point at least six inches in depth. Inlets shall be located at the low point.

Intersections. Intersecting street center lines shall be as nearly at right angles as possible, and in no case shall they be less than 75° at the point of intersection. The curblines shall be parallel to the center line. Approaches to all intersections shall follow a straight line for at least 100 feet measured from the curbline of the intersecting street to the beginning of the curve. No more than two street center lines shall meet or intersect at any one point. Streets intersecting another street from opposite sides shall not be offset unless, measuring from the point of intersection of the street center lines, the two intersections shall be spaced a sufficient distance to permit a minimum of two lot depths between the two street rights-of-way but not less than 250 feet between rights-of-way. Any development abutting an existing street which is classified as an arterial or collector street shall be permitted not more than one new street every 800 feet on the same side of the street within the boundaries of the tract being subdivided. In the spacing of streets, consideration will be given to the location of existing intersections on both sides of the development. Intersections shall be rounded at the curbline and right-of-way line, with the street having the highest curb radius requirement as outlined below determining the minimum standard for all curblines: arterial at 40 feet; collector at 30 feet; and local streets at 20 feet. No local streets shall be part of four-way intersections.

Sight triangles. Sight triangles shall be provided as required in § 104-122, Sight triangles.

Reverse curves. A tangent at least 200 feet long shall be introduced between reverse curves on arterial and collector streets. When connecting street lines deflect in any direction, they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distances within the curbline shall be 160 feet for a local street, 300 feet for a collector street and 550 feet for an arterial street.

Changes in grade. All changes in grade where the difference in grade is 1% or greater shall be connected by a vertical curve having a length of at least 50 feet for each two-percent difference in grade, or portion thereof, and providing minimum sight distances of 160 feet for a local street, 300 feet for a collector street and 550 feet for an arterial street. Intersections shall be designed with as flat a grade as practical with the advice of the Municipal Engineer.

(14)

Culs-de-sac.

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 50 feet to the outside edge of the cartway and 60 feet to the outside edge of the right-of-way and tangent whenever possible to the right side of the street.

The length of the cul-de-sac shall be measured along its center line from its intersection with the intersecting street's center line to the center of the radius of the cul-de-sac.

If a dead end 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.

Landscape islands may be provided within the center of all culs-de-sac. Said islands shall also be constructed with mountable curbs. The radius for the outside curbline (or edge of pavement) shall be a minimum of 50 feet, and the inside curbline (or edge of pavement) shall have a minimum radius of 25 feet.

[Added 8-24-1999 by Ord. No. 1999-5-7]

(15)

Street names. 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. All street names shall be checked against the Township master file of street names.

(16)

Access road. Access roads and the area on each side for a distance of 10 feet measured perpendicular from the edge of pavement and for a height of 14 feet from the surface of the road shall be kept free and clear of tree limbs, vines and other obstructions to permit free and unobstructed use of said access road by emergency vehicles.

(17)

Material.

Streets shall be constructed in accordance with the following standards and specifications:

Street	Surface	Base
Industrial	2-inch FABC-1	6-inch bituminous stabilized base
Major arterial	2-inch FABC-1	6-inch bituminous stabilized base
Primary arterial	2-inch FABC-1	6-inch bituminous stabilized base
Collector	2-inch FABC-1	6-inch bituminous stabilized base
Local feeder	2-inch FABC-1	5-inch bituminous stabilized base
Minor	2-inch FABC-1	5-inch bituminous stabilized base

In lieu of the above requirements, flexible roadway pavements may be designed using the procedure established in the publication titled "Thickness Design - Full Depth Asphalt Pavement Structures for Highways and Streets Manual Series No. 1 (MS-1)," published by the Asphalt Institute, dated December 1969, except as herein modified, or by using the Structural Number System, which is taken from the Pennsylvania Department of Transportation Design Manual and which is explained in subsequent subsections.

General. All designs shall be based on the subgrade strength as measured by the California Bearing Ratio (CBR) Method. Design calculations shall be submitted to the Municipal Engineer for review and approval.

A qualified soils engineer shall be employed to investigate, classify and thoroughly evaluate the subgrade soils and to determine the elevation of groundwater which may be present. A copy of his report and recommendations shall be included with the design calculations. Sufficient tests shall be performed to adequately determine the suitability and strength of each type of subgrade soil. Tests along proposed streets shall be of 100-foot intervals or less, as determined by the Municipal Engineer.

In cut areas, in-place field testing may be employed to determine the CBR of the subgrade. These tests shall be performed in accordance with the procedures established in Chapter VIII of the publication titled "Soils Manual for Design of Asphalt Pavement Structures Manual Series No. 10 (MS-10)," published by the Asphalt Institute. The elevation of the ground surface at each test location shall be within 18 inches of the final subgrade elevation, and the moisture content of the subgrade shall be approximately equal to the maximum expected during the life of the road. The moisture content at each test location shall be obtained and shall be submitted with the test report.

[c]

In fill areas, the California Bearing Ratio (CBR) shall be established by laboratory testing of representative samples of the proposed subgrade material. Each sample shall be compacted in a cylindrical mold to the approximate density and moisture content which will be specified for the placing of the actual fill material. The test shall be performed in accordance with the requirements of ASTM Test Designation D-1883-61 T, titled "Bearing Ratio of Laboratory - Compacted Soils." Each test specimen shall be soaked prior to testing.

[d]

Both of the proposed methods of design are based on a design traffic number (DTN) which is the average daily number of equivalent 18,000-pound single-axle loads estimated for the design land during the design period. A design period of 20 years shall be used. The design traffic number shall be calculated by the methods of analysis outlined in Chapter III or Appendix C of Manual Series No. 1 (MS-1), published by the Asphalt Institute. The design traffic number shall be determined from actual traffic counts, from traffic studies of similar facilities or from community or regional planning studies.

[e]

To protect against excessive frost penetration of the subgrade, a minimum total thickness of pavement structure of 8 1/2 inches shall be provided, except when bituminous stabilized base or full depth asphalt paving is placed on a non-frost-susceptible subgrade.

[f]

When other than full depth asphalt paving or bituminous stabilized base course is used, a two-and-one-half-inch FABC-2 minimum depth of asphalt paving shall be provided as the surface course.

Design using Asphalt Institute Manual. Using the California Bearing Ratio and the design traffic number as described above, the required thickness of full-depth asphalt paving may be obtained directly from the design charts contained in the Asphalt Institute Publication Manual Series No. 1 (MS-1). If full-depth asphalt paving is to be used, the recommendations of MS-1 in regards to minimum thickness of paving shall be adhered to. If, however, the designer desires to substitute alternate materials for the base course or base and subbase courses in lieu of full-depth asphalt paving, the thickness of each course shall be determined using substitution ratios calculated from the relative strength coefficients for paving components shown in the standard details [2]instead of the substitution ratios specified in MS-1.

[Amended 4-12-1994 by Ord. No. 1994-4-3]

Editor's Note: The standard detail drawings are on file in the office of the Township Engineer.

Design using structural numbers. Using the California Bearing Ratio and the design traffic number as previously described, the required structural number (SN) shall be determined from the standard detail drawings as follows:

Enter the CBR scale with the CBR design value and project a line through the calculated design traffic number to the pivot line.

From this point on the pivot line, project a line through the regional factor scale to the structural number (SN) scale. The regional factor shall be 1.5 unless higher values can be justified.

[c]

Read the required structural number (SN). A paving section shall be selected which has a construction number equal to, or higher than, the required structural number. The construction number for a paving section shall be the sum of the construction numbers for the surface, base and subbase course, if used. The construction number for each course shall be obtained by multiplying the relative strength coefficient for the proposed material by the proposed course thickness. The relative strength coefficients shall be obtained from the standard detail drawings.

(18)

Four-way intersections. Four-way intersections connecting a local residential street with another local residential street or with residential collector shall be prohibited.

(19)

Private streets. Private streets shall be prohibited in major developments.

(20)

Half streets. New half or partial streets shall not be permitted, except that, wherever a proposed development borders a half or partial street, the Planning Board may require that the other part of the street be platted in the proposed tract if it is found that such a requirement would increase the effectiveness of the circulation system in the area.

(21)

Multiple intersections. Multiple intersections involving a junction of more than two streets shall be prohibited.

(22)

Intersections with arterial streets. To the fullest extent possible, local residential streets and residential collector streets shall not intersect with arterial streets less than 800 feet apart, measured from center lines.

(23)

Partial reconstruction of existing street. Where a portion of an existing street that abuts a proposed development is required to be reconstructed by the reviewing board, the developer shall overlay a minimum of one lane or 10 feet of the remaining undisturbed pavement width.

§ 104-126 Water supply.

General standards. The applicant shall provide adequate water supply to service his proposed development. The reviewing board shall determine, with the aid of its professional staff, the quality, quantity and water pressure to be adequate to provide potable water to those who will utilize the proposed development and properly supply water pressure as a safeguard against fire.

Regulations.

Utility. Where water is accessible from a servicing utility, the developer shall arrange for the construction of water mains in such a manner as to make adequate water service available to each lot, dwelling unit or use within the development. The entire system shall be designed in accordance with the requirements and standards of the Township, county and/or state agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure for present and probable future development.

Private. Where public water is not available, potable water supply shall be provided to each lot on an individual well basis. Such wells shall be designed in accordance with the requirements and standards of the Township and/or state agency having jurisdiction.

Easements. Where water distribution systems are installed outside streets, easements or rights-of-way shall be required in accordance with § 104-104, Easements.

Design. In general, the following policies shall be followed in determining the size of water mains:

Lines whose primary function is and will be to serve adjacent property will be eight inches.

Lines which serve as feeder lines to several other streets should be eight inches and should be laid out to provide loops with other lines which enclose areas of not more than 1/4 of a square mile.

Lines which provide the main feed from present or future sources of supply or storage shall be 12 inches or larger and shall be laid out so as to form loops with other lines which enclose not more than one square mile.

Lines whose only purpose is to serve abutting properties and to which there is no fire hydrant connected and which do not serve more than four residences shall be eight inches in diameter if specifically approved by the Township Engineer and the New Jersey Water Company.

In general, criteria affecting valve and hydrant locations shall be that not more than one hydrant is affected by shutting off any one section; hydrants are located within 600 feet along street lines of any property in the subdivision; not more than three valves are necessary to shut off any one section; and the number of homes affected by shutting off any one section shall be limited to approximately 25.

The Fire Marshal shall review and approve the water main and hydrant locations prior to final approvals of any sections.

§ 104-127 Traffic impact report.

General standards. Preliminary site plan applications for development of over five acres of land and preliminary subdivision applications involving developments of more than 20 lots shall be accompanied by a traffic impact report prepared by a professional engineer at the expense of the applicant. The reviewing board shall determine that existing and proposed traffic volumes have been adequately and safely dealt with and that there are no conflicts with other types of circulation.

Regulations. The traffic impact report shall include information sufficient to demonstrate that satisfactory arrangements will be made to facilitate traffic movement on the highways adjoining the development and to assure proper circulation within the development. These arrangements may include provision for necessary signalization, channelization, standby-turn lanes, right-turn lanes, acceleration or decleration lanes, added highway width, adequate warning signs and adequate storage area and distribution facilities within the development to prevent backup of vehicles on public streets. This information shall include, but not be limited to, the following:

Traffic generation of the proposed project.

Existing traffic loads on surrounding roads.

Existing capacity of surrounding roads and level of service.

Probable impact of project on capacity and service levels.

Possible improvements necessary to ease congestion and maintain levels of service.