Township of Hillsborough, NJ Article IV Design and Performance Standards

§ 188-32 General.

A. Any development shall demonstrate conformance to design standards that will encourage sound development patterns within the township. Where either an Official Map or Master Plan has been adopted, the development shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds, scenic sites, historic sites and flood control basins shown on the officially adopted Master Plan or Official Map shall be considered in approval of plats. In accordance with good design practices, extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions and acceptable to the approving authority. All improvements shall be installed and connected with existing facilities or installed in required locations to enable future connections with approved systems or contemplated systems and shall be adequate to handle all present and probable future development.

B. Character of the land. Land which the approving authority finds to be in areas identified in the natural resources inventory as having severe or moderate soil characteristics particularly as the land relates to flooding, improper drainage, steep slopes, rock formations, soil conditions, adverse topography, utility easements or other features which can reasonably be expected to be harmful to the health, safety and general welfare of the present or future inhabitants of the development and/or its surrounding areas, shall not be subdivided and site plans shall not be approved unless adequate and acceptable methods are formulated by the developer to solve the problems by methods meeting this ordinance and all other regulations.

C. Plats straddling municipal boundaries. Whenever a development abuts or crosses a municipal boundary, access to those lots within the township shall be from within the township as the general rule. Whenever access to a development is required across land in an adjoining community as the exception, the approving authority may require documentation that such access is legally established and that the access road is adequately improved.

D. Development name. The proposed name of the development shall not duplicate or too closely approximate the name of any other development in the township. The approving authority shall have final authority to designate the name of the development which shall be determined at the sketch plat stage.

E. Community impact statement.

[Added 12-14-2004 by Ord. No. 2004-48; amended 4-11-2006 by Ord. No. 2006-09; 3-25-2008 by Ord. No. 2008-06]

(1) Any development application submitted to the Planning Board or Board of Adjustment, except for minor subdivisions and minor site plans, shall be accompanied by a community impact statement analyzing the proposed development and its expected impact upon existing facilities and services in the Township. The information furnished in the community impact statement shall serve to influence the design of the proposed development so that the provision of necessary municipal facilities can be anticipated and coordinated with the construction of the proposed development. The community impact statement shall be prepared in accordance with the methodologies and standards set forth in the most recent edition of "The New Practitioner's Guide to Fiscal Impact Analysis" by Robert Burchell, David Listoken, William Dolphin, published by the Rutgers Center for Urban Policy Research (CUPR) or any more recent demographic study prepared by the CUPR or the Urban Land Institute. Notwithstanding that a minor subdivision or minor site plan application is not required to be accompanied by a community impact statement, an applicant for a minor subdivision or a minor site plan shall provide an analysis of the Round 3 COAH affordable housing obligation as the obligation impacts the proposed development.

(2) The community impact statement shall address the following areas:

(a) Population impact. The applicant shall provide an analysis of the number of people expected to be added to the municipal population as a result of the proposed development within the following schoolaged cohorts: preschool-aged children (zero to four years of age), school- aged children (five to 18 years of age), parents of family-bearing age (18 to 40 years of age), middle-aged adults (41 to 62 years of age), and senior citizens (over 62 years of age).

(b) School impact. The applicant shall provide an analysis of the anticipated number of pupils who will be added to the student population in the Township, the ability of the existing public school facilities to absorb the expected student population during a ten-year period and the expected cost of any required building additions and increased teaching staff which may be necessary as a result of the number of pupils who will be added to the student population. The applicant may provide this analysis by either of the following means:

[1] The applicant may submit an analysis prepared by the Township Superintendent of Schools or Board of Education; or

[2] The applicant may submit an analysis prepared by competent professionals. The applicant shall provide proof that a copy of the analysis has been served on the Board of Education with the following notice: "The Planning Board or Board of Adjustment, as applicable, requests that the Superintendent of Schools or the Board of Education provide written comments on this analysis within 14 days after service. The Superintendent and the Board are also invited to attend the hearings on this application and to provide testimony on the impact of the application on the school system."

(c) Financial impact. The applicant shall provide an analysis of the revenue expected to be generated from the development proposal compared to the anticipated costs which the development proposal is expected to generate. Projected revenues and costs shall be shown for the Township, Township school system and the County of Somerset.

(d) Preliminary major subdivision and site plan checklist. Sixteen copies of a community impact statement prepared in accordance with this section shall be required upon submission of a development application, except as indicated in Subsection E(1) above.

(e) Round 3 affordable housing requirements. The applicant shall provide an analysis of the Round 3 COAH affordable housing obligation as the obligation impacts the proposed development.

§ 188-33 Access to nonresidential zones and uses.

No driveway access for ingress and egress to any commercial or industrial use shall be permitted through a residential zone.

§ 188-34 Accessory buildings.

Any accessory building attached to a principal building by a common wall, an abutting wall or a roof shall be considered part of the principal building and shall adhere to the yard requirements for the principal building.

§ 188-35 Apartments, townhouses and atrium houses.

Apartments, townhouses and atrium houses shall be served by sanitary sewers and central water, and the site plan shall be reviewed and approved by the approving authority.

A. Each development shall have a compatible architectural theme throughout and shall specify how the following considerations have been incorporated:

(1) Landscaping techniques.

(2) Building orientation to the site and to other structures.

(3) Natural features such as wooded areas, drainage courses, soil conditions, including susceptibility to erosion.

(4) Topographic relief.

(5) Individual dwelling unit design in townhouses or the design of segments of individual structures in apartments, 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.

B. The configuration of structures shall meet the yard requirements and not exceed a length of 200 feet on one plane or 340 feet on any angle. Any passageway between two structures which has a roof above it shall be included in calculating building lengths.

C. Cellar dwelling units are prohibited.

D. A minimum percentage of the lot area of any apartment and townhouse and atrium development shall be designed, improved and designated as open space in addition to the area required for yards, parking, drives and buildings as set forth in Article V. Recreational facilities may be located either in the open space or within the yard areas as approved on the site plan. The location of open space and recreation areas shall give consideration to the proximity of structures, the type of facility proposed, the area involved, possible noise and illumination nuisances, and pedestrian, bicycle and automotive access and parking.

E. No apartment development shall exceed a design density of 10 dwelling units per acre on that portion of the tract devoted to dwelling units, parking and yards. No townhouse or atrium house shall exceed a design density of six dwelling units per acre on that portion of the tract devoted to dwelling units, parking and yards. The gross density shall be as set forth in each zoning district.

F. Fire walls shall be of eight-inch concrete or eight-inch cinder block material and shall extend through the roof surface at least six inches in the form of either extensions of the wall through the roof surface or offsetting rooflines. These fire walls shall be constructed as the common wall between townhouses, atrium houses or other attached units, and between any dwelling unit and a common hallway, but need not be constructed between dwelling units that are back-to-back such as in garden apartments. However, no more than four apartments in total shall be designed within said cinder block or concrete block fire walls.

§ 188-36 Bikeways.

Bikeways shall be required at the approving authority's discretion, depending on the probable volume of bicycle traffic, the development's location in relation to other populated areas or its location with respect to any overall bike route planning adopted by the Planning Board. Bicycle traffic should be separated from motor vehicle and pedestrian traffic as much as possible. Bikeways should generally not exceed a grade of 3%, except for short distances, and they should be a minimum of six feet wide.

§ 188-37 Blocks.

A. Block length, width and acreage shall be sufficient to accommodate the zoning requirements of this chapter and provide convenient access, circulation control and traffic safety.

B. Blocks over 1,000 feet long in residential areas shall be discouraged, but where they are used, pedestrian crosswalks between blocks may be required. Such walkways shall be at least eight feet wide. For commercial and industrial uses, block lengths shall be sufficient to meet area and yard requirements for such uses and to provide proper street access and circulation patterns.

§ 188-38 Buffers and conservation easements.

[Amended 10-12-1982 by Ord. No. 82-13; 7-26-2011 by 2011-14]

A. Buffer areas and conservation easements shall require site plan approval and are required along all lot and street lines separating residential 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 may be seen from the street. Conservation areas are used to preserve buffer areas and environmentally sensitive resources, where required and/or deemed appropriate by the Planning Board or Board of Adjustment. Buffer areas and conservation easements are utilized for the primary purpose of providing screening views and reducing noise perception beyond the lot, as well as for the protection of environmentally sensitive resources, where appropriate. No structure, activity, storage of materials or parking of vehicles shall be permitted in a buffer area or in a conservation easement, except that a wall, fence, berm or stormwater basin with appropriate plantings may be placed in a buffer area or conservation easement to supplement screening and to provide additional noise reduction where deemed necessary by the Planning Board or Board of Adjustment. Once any permitted planting or structure in conjunction with a conservation easement is shown on an approved site plan, no additional disturbance is permitted. The location and design of buffer areas and conservation easements shall consider the use being screened, the distance between the use and the property line, differences in elevation, the types of buffers being provided, 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 area and conservation easement shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line or the more intense the use, the more effective the buffer area and conservation easement must be in obscuring light and vision and in reducing noise beyond the lot, as well as for the protection of environmentally sensitive areas, where appropriate.

B. A minimum of 1/2 the length of a required buffer and/or conservation easement, as appropriate, shall be designed, planted, graded, landscaped and developed to obscure the activities of the site from view to at least the width set forth in Article V.

(1) Not more than 1/2 of the required buffer and/or conservation easement, as appropriate, shall consist of at least two of the following:

(a) Landscaped area at least 10 feet wide, including fencing or walls.

(b) Landscaped berm at least six feet high.

(c) A building setback of at least 200 feet with a grade of less than 20% with groups of plantings and trees located to enhance architectural features of the structure and offer a break to large open areas, but with no other use permitted in this yard area.

(d) A parking area set back at least 100 feet and screened as required under the off-street parking provisions.

(2) If the approving authority determines that any of these alternate provisions will not provide a sufficient screening buffer, the approving authority may require the site plan to be modified to show more of the periphery served by the required buffer area and/or conservation easement, as appropriate, or require that the proposed alternatives should be landscaped differently or be relocated until, in the approving authority's judgment, they provide the desired effect.

C. All buffer areas and conservation easements, as appropriate, shall be planted and maintained with either grass or ground cover, together with a screen of shrubs or scattered planting of trees, shrubs or other plant material meeting the following requirements:

(1) The preservation of natural wooded tracts shall be an integral part of all site plans and may be calculated as part of the required buffer area and/or conservation easement, as appropriate, provided that the growth is of a density and the area is of a width to serve the purpose of a buffer area and/or conservation easement, as appropriate. Where additional plantings are necessary to establish an appropriate tone for an effective buffer area and/or conservation easement, as appropriate, said plantings may be required.

(2) Shrubs and hedges used as screen planting shall be at least three feet in height when planted and be of such density to obscure, throughout the full course of the year, the glare of vehicle headlights emitted from the property.

(3) The screen planting shall be so placed that at maturity it will not be closer than three feet from any street or property line.

(4) Evergreen species shall be at least four feet in height, balled and burlapped; deciduous trees shall be at least 2 1/2 caliper, balled and burlapped. All trees shall be of a species native to the area, of nursery stock and free of insects and disease.

(5) All plants should be staked properly for at least three years and shall be replaced as required by the Township Engineer to preserve the function of the buffer area and/or conservation easement, as appropriate.

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

(7) Screen plantings and landscaping shall be left open at points of vehicular access to assure a clear sight triangle and to provide for pedestrian access.

D. Where the approving authority requires an intensive buffer area and/or conservation easement treatment, as appropriate, for a specific development or project, which is deemed necessary to ensure an attractive and pleasing interface between the site and adjoining uses, the following measures shall be required in addition to those specified in other provisions of § 188-38:

(1) The use of large and more mature plant materials which shall be specifically called for in a landscape design plan developed by a registered, certified landscape architect and submitted to the approving authority.

(2) Submission of an annual maintenance program to safeguard against infestation, vandalism damage and other man-made/natural problems.

(3) The design and development of an underground sprinkler system to ensure an adequate supply for the grounds and within a buffer area where needed.

(4) The use of special landscape design concepts, such as formal gardens, fountains, rock gardens, bermed areas, walls, ponds and/or waterfalls, fences and appropriately landscaped stormwater basins.

§ 188-39 Building permits, site plan approvals and zoning variances outstanding.

Nothing in this chapter shall require any change in a building permit, site plan, or zoning variance which was approved before the enactment of this chapter, provided that construction based on said approval shall have been started within the time prescribed by the ordinance in effect at the time such approval or permit was granted; this section shall not grant an enlargement of the time provided in such prior ordinance.

§ 188-40 Cluster development.

A. The purpose of this section is to provide a method of developing land to set aside desirable open spaces, conservation area, floodplains, school sites, recreation areas and parks. The generation of these areas is brought about by permitting the reduction of lot sizes without increasing the number of lots.

B. Cluster developments may be approved in accordance with the following standards:

(1) All dwelling units shall be connected to approved and functioning public water and sanitary sewer systems, except that where clustered lots are one acre or larger, approved septic systems may be used.

(2) The minimum size tract shall be as established in Article V.

(3) The maximum number of lots shall be expressed in lots per gross acre.

(4) A percentage of the total tract as set forth in Article V shall be set aside, designed and improved for open space use(s) or recreation or offered for a future school site or other public use.

(5) Common and public open space shall be landscaped and planted in accordance with the approved plan.

C. Any lands offered to the Township or proposed as open space as required above shall be located and of a size that will best suit the purpose(s) for which such lands are intended, be conveyed by deed at the time final plat approval is granted and be subject to approval by the approving authority (and the Township Committee where lands are offered to the Township) who shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands and such existing features as topography, soils, wetlands and tree cover as these features may enhance or detract from the intended use of the lands. The approving authority may request an opinion from other public agencies or individuals as to the advisability of accepting any lands to be offered.

§ 188-41 Corner lots.

Any building on a corner lot or at the intersection of driveways, access aisles or on-lot circulation drives shall not interfere with any required sight triangle. On all corner lots the width of all yards abutting upon streets shall not be less than the minimum front yard depth required for the zone, unless otherwise provided for in this chapter.

§ 188-42 Curbs and gutters.

Concrete curb and gutter, concrete curb or Belgian block curb shall be installed along every street within and fronting on a development. The standard curb section to be used shall be set in accordance with approved lines and grades, and curved curbs shall be formed in arc segments in a smooth curve. Chord segments are prohibited. All curbs and gutters shall comply with the Standard Details and Design Criteria of the Township's Engineering Department.

§ 188-43 Drainage, watercourses and flood hazard areas.

A. All streets shall be provided with inlets and pipes where the same are necessary for proper drainage. The requirements of this section shall not be satisfied by the construction of dry wells. The system shall be adequate to carry off or store the stormwater and natural drainage water which originates within the 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 the zoning provisions of this chapter. Development applications shall be accompanied, where required, by a surface water management plan and a floodway and flood hazard area encroachment plan as required by the Township's Surface Water Management Ordinance and Floodway and Flood Hazard Area Encroachment Ordinance, respectively.[1] In general, 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 private properties or public lands without proper approved provisions being made for taking care of these conditions. In all cases, the materials used and the technique for computing the drainage needs shall be in accordance with the Standard Details and Design Criteria of the Township's Engineering Department and applicable parts of the Somerset County Subdivision Resolution, Section IV, Design Standards, Paragraph F, Drainage, and the Township Stormwater Management Ordinance.

[1] Editor's Note: See Ch. 262, Art. I, Surface Water Runoff, and Ch. 172, Flood Damage Prevention.

B. The approval of any map delineating streets shall be in no way construed as an acceptance of any street.

C. Blocks and lots shall be graded to secure proper drainage away from all buildings, prevent the collection of stormwater in pools and provide for reasonable use of the land without detrimental effect to adjoining land.

D. Land subject to periodic or occasional flooding shall not be plotted for residential occupancy nor for any other purpose which may endanger life or property or aggravate the flood hazard. Such land shall be considered for open spaces, yards or other similar uses.

E. Where a development is traversed by a watercourse, drainageway or drainage system, there shall be provided and dedicated a drainage easement to the Township conforming substantially with the lines of such watercourse and having such further width as is deemed adequate to accommodate expected stormwater runoff in the future based upon reasonable growth potential. In addition thereto, a minimum of 15 feet beyond the bank top on at least one side shall be provided for access to the drainage right-of-way. In any event, any minimum widths and locations shown on any adopted Official Map and Master Plan shall be provided. Such easement shall be expressed on the plat as set forth in § 188-45, Easements, in this article.

§ 188-44 Driveways and accessways.

In other than major subdivisions, planned developments or projects having site plan approval, the following procedures shall hold for construction of any new driveway or accessway to any street:

A. Permit required. No person shall construct a driveway entrance or cut, alter or remove a curb or part thereof in or along any public street or right of-way of the Township without first having obtained a permit to do so pursuant to this section, and then only in accordance with and during the term of such permit.

B. Application for permit. Application for a permit required by this section shall be made in writing and shall be accompanied by a fee of $25 and by a plan or sketch showing the location and details of such construction, cutting, alteration or removal. The application shall be filed with the Township Clerk.

C. Processing. The Township Clerk shall forward the application to the Township Engineer or his assistant for processing, who shall inspect the site and determine that the construction conforms to standards for driveways and curbs as published in the Standard Details and Design Criteria of the Township's Engineering Department. Within two weeks of the date of filing, the Township Engineer shall report back on the application, stating either approval or a denial with an explanation of the reasons therefor.

D. Issuance. Upon approval by the Township Engineer, the Township Clerk shall issue the permit, which shall be valid for a period of not more than one year.

§ 188-45 Easements.

A. Easements along rear property lines or elsewhere for public purposes may be required. Such easements shall be at least 20 feet wide for one utility and five additional feet for each additional utility and be located in consultation with the companies or Township departments concerned and to the fullest extent possible, be centered on or adjacent to rear or side lot lines.

B. 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.

C. 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.

D. 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 as follows: "... easement granted to the Township of Hillsborough as provided for in the Development Regulations Ordinance of the Township of Hillsborough."

E. Whenever the internal grading of a lot is part of the design of the drainage of the stormwater system, as by swale, berm or other topographical feature designed to intercept or direct waters, the same shall be designated as an easement on the map to be filed, or shall be dedicated by recorded instrument, in such a way as to give notice to future owners of said property and to ensure continued maintenance of such drainage feature.

§ 188-46 Environmental impact report; critical area calculations.

A. A separate written report shall accompany all preliminary plats of major subdivisions in accordance with the Township's Environmental Impact Statement Ordinance.[1]

[1] Editor's Note: See Ch. 160, Environmental Impact Statement.

B. Critical area calculations.

[Added 4-12-2005 by Ord. No. 2005-02]

(1) Purpose. The purpose of the regulations for critical areas is to protect critical areas from adverse effects such as flooding, erosion, loss of erosion seepage and downstream deposits of silt, gravel and stone, to prevent burdensome costs to the public arising from such damage and to protect environmentally fragile lands.

(2) The environmental impact report required by the site plan and subdivision checklist must identify all critical areas, as referred to below in Subsection B(3), on a separate map or maps, as appropriate, and as relating to minor residential subdivision and preliminary major residential subdivisions and site plans.

(3) Except in the AH, RCA, RC and ARPDG Zone Districts, which are exempted from the critical area calculations and requirements herein, the permitted density for all minor and major residential subdivisions shall be calculated after reducing the total area by portions of land subject to the specific constraints as provided below:

	Constraint	MZ Zone	AG Zone	Other Residential Zones
	Slopes 12% to 24.99%	100	75	50
	Slopes 25% or greater	100	100	100
	Floodplain	100	75	50
	Floodway	100	100	100
	Wetlands/transition areas	100	75	50
	Stream corridors	100	75	50
	Critical seasonal high water table	100	75	50

(4) Enforcement.

(a) Unauthorized critical area alterations. When a critical area has been altered in violation of this subsection, all ongoing development work shall stop and the critical area shall be restored. The Township shall have the authority to issue a stop-work order to cease all ongoing development work and order restoration, rehabilitation or replacement measures at the expense of the owner or other responsible party, as appropriate, in order to compensate for violation of the provisions of this subsection.

(b) Site investigations. The Zoning Officer is authorized to make site inspections and take such actions that are necessary in order to enforce the provisions of this subsection.

(c) Penalties. For penalties, refer to § 188-25, Violations and penalties.

§ 188-47 Fences and walls.

[Amended 7-14-1981 by Ord. No. 81-11]

Fences and walls shall not be located in any required sight triangle.

§ 188-48 Fire protection.

[Amended 7-14-1981 by Ord. No. 81-11; 12-19-2001 by Ord. No. 2001-48]

A. Whenever a central water supply system services a development, provisions shall be made for fire hydrants along streets and/or the property of nonresidential structures. Where streams or ponds exist or are proposed on lands to be developed, facilities may be provided to draft water for fire-fighting purposes. Drafting facilities must be designed to provide a minimum fire flow as approved by the Chief Fire Marshal and shall have a minimum of 30,000 gallons in volume, excluding the bottom two feet of water within the source. This minimum capacity of water must be available year around, including drought conditions. There must be an approved access to a public street for use by fire-fighting equipment and construction of or improvements to ponds, dams or similar on-site or off-site development, where feasible. The facilities provided in this section shall be approved by the Township Fire Department, Chief Fire Marshal and Township Engineer.

[Amended 9-12-2006 by Ord. No. 2006-24]

B. Where public water is not available to service a development, underground storage tanks shall be installed to provide a source of water for fire fighting in accordance with the following minimum criteria:

(1) For major subdivisions in residential zones, underground water storage tanks shall be located and installed so that no dwellings are further than 1,000 linear feet from any such tank as measured along the street, either public or private and the access driveway to the dwelling. In no case shall the distance between the tanks be greater than 2,000 linear feet of street length or fraction thereof. The minimum capacity of every underground storage tank within residential zoning districts shall be 30,000 gallons.

(2) The underground storage tank shall be constructed of fiberglass or other noncorrosive material. It shall provide a six-inch suction pipe located behind the curb but no greater than three feet from the curb face or pavement edge. It shall provide a six-inch N.S.T. female swivel connection with screen and cap. All connections must be fire rated for drafting operations. Suction pipe shall be protected from vehicular traffic by two bollards. Bollards shall be located as to not obstruct Fire Department access to the connection. To facilitate circulation and filling, a four-inch pipe located at the tank, 36 inches above grade with a fire-rated, five-inch storz connection with a locking Knox cap shall be installed. The tank shall include a twenty-two-inch or greater manhole with a locking cover, surrounded by a concrete pad at ground level. Venting of the tank shall be provided with a six-inch minimum diameter pipe located on the tank. The vent is required to permit a minimum of flow of 1,000 gpm. The vent must be constructed as to prevent material from easily being dropped into the tank. A water level gauge must be installed on the tank to allow a clear view from the street of the water level within the tank. All piping used with the tank must be of steel or iron pipe. All piping must be painted red in color. Tanks must be installed in accordance with National Fire Protection Agency Standards, the Hillsborough Township Chief Fire Marshal and the New Jersey Uniform Construction Code.

[Amended 9-12-2006 by Ord. No. 2006-24]

(3) A sign reading "FDC, NO PARKING" shall be installed directly behind the suction pipe. Such sign shall have red letters on a white background. "FDC" shall be six inches in height, minimum. "NO PARKING" shall be three -inches in height, minimum. The sign shall be constructed of reflective, durable and weatherproof material.

(4) Underground water storage tanks and appurtenances required to be installed pursuant to this chapter shall be installed within public easements dedicated to and maintained by the Township as approved by the Township Engineer, unless such locations are unsuitable. Tanks must be installed as close to the road as possible along the edge of lot lines. Such easements shall provide that vegetation, structures or any other barriers shall not block the underground water tank and the appurtenances or access thereto.

(5) In all cases where a fire-protection system is required, no certificate of occupancy shall be issued for a dwelling or structure on any lot within the subdivision until all required fire-protection systems have been installed and approved. This shall include both fire hydrants and underground fire suppression water tanks. The number and location of all underground fire-suppression water tanks shall be approved by the Fire Official and shall be listed and shown on all approved site plans.

§ 188-48.1 Radio signal enhancement.

[Added 5-25-2004 by Ord. No. 2004-18]

A. For any new school/educational buildings, religious buildings, government buildings, multifamily residential buildings and nonresidential buildings of over 40,000 square feet in gross floor area, the applicant shall be required to complete a radio test within said building or structure during the construction process and prior to the issuance of a certificate of occupancy to ensure adequate radio communications for emergency personnel. Accessory buildings, such as sheds, barns and silos, as well as one- and two-family residential dwellings, shall be exempt.

B. The required radio test shall be conducted by the Hillsborough Township Police Department, Fire Department and Emergency Rescue Squad at no cost to the applicant. The Police Department will coordinate testing and certification.

C. In the event that said radio test fails to demonstrate that adequate emergency radio communications can be provided, the applicant shall be required to incorporate into the structure any necessary communications equipment utilized by the Township Police Department, Fire Department or Rescue Squad, such as satellite receivers or frequency enhancers, as determined by the Chief of Police or his/her designee.

§ 188-49 Flag lots.

[Amended 9-25-1980 by Ord. No. 80-14]

Flag lots may be selectively approved in the MZ, AG, RA, RS, R, R1, CR, TC and PD Districts as a means of gaining access to the rear of lots or to portions of tracts having difficult means of access. Recognizing that flag lots are allowed as an exception rather than the rule and that the creation of flag lots adds development without an accompanying street system, the following conditions shall be required:

A. On approved primary local or secondary local roads, three-acre lots to the rear of lots fronting on an approved road are permitted, provided that the lot has a minimum frontage of 25 feet, if approved by the approving authority, and upon a finding that such reduction shall benefit the Township by reason of encouraging the development of rear acreage without derogating from the public welfare or from the intent of this chapter.

[Amended 7-14-1981 by Ord. No. 81-11]

B. The minimum lot size, exclusive of the access strip, shall be two times the minimum required by the MZ, Mountain Conservation District, and the AG, Agricultural Districts.

[Amended 7-14-1981 by Ord. No. 81-11; 11-15-2014 by Ord. No. 2014-19]

C. Access drives shall intersect only roads with primary or secondary street classifications. Access from arterial and collector streets is prohibited.

D. Resubdivision of a flag lot below these standards is prohibited.

E. No more than one principal use shall be served from one access drive.

F. To avoid a continuous strip of abutting access drives, the location of access strips to flag lots shall be spaced so as to be no closer to each other or to the intersection of two streets than at least half the distance required between two street intersections, except that no more than two access strips may abut one another.

§ 188-50 Floodplain regulations.

A. Any applicant shall obtain approval according to the requirements of the Flood Damage Prevention Ordinance of the Township.[1]

[Amended 7-14-1981 by Ord. No. 81-11]

[1] Editor's Note: See Ch. 172, Flood Damage Prevention.

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

(1) Agriculture: general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.

(2) Industrial-commercial: yards, loading areas and parking areas.

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

(4) Residential: yards, lawns, gardens, parking areas and play areas.

C. In the case of any lot containing a floodway and on which regrading and/or constructing an improvement is proposed, the regrading and/or construction shall not be permitted unless a stream encroachment permit has been issued by the New Jersey Department of Environmental Protection, Division of Water Resources, where required by state regulations.

§ 188-51 Garages in residential zones. [1]

[Amended 8-8-2017 by Ord. No. 2017-09]

Garaging for not more than three cars may be erected on a single lot.

[1]

§ 188-51.1 Commercial vehicles in residential zones.

[Added 8-8-2017 by Ord. No. 2017-09]

A. For purposes of this section, a commercial vehicle is any vehicle registered as a commercial vehicle with the New Jersey Division of Motor Vehicles; or containing advertising matter intended to promote the interest of any business, whether or not said vehicle is registered as a commercial vehicle, with the exception of passenger vehicles designed to carry 15 passengers or less, which are exempt from this provision.

B. Only one commercial truck or van with a gross vehicle weight rating (GVWR) of 10,000 pounds or less (FHWA weight classes 1 and 2), and having no more than two axels, is permitted to be parked out-of-doors overnight on a residential property in a residential zone subject to the following conditions:

(1) The vehicle must be owned or used by a resident of the premises and used as the customary means of transportation to and from work.

(2) It must be demonstrated that the vehicle cannot be parked in a garage or other permanent enclosed structure on site.

(3) The vehicle shall not obstruct any pedestrian or vehicular traffic and be no closer than five feet from a side or rear property line. To the extent feasible, the vehicle shall be screened by a combination of fencing and/or landscaping to provide year-round screening. Wherever possible, the vehicle shall be parked in a side or rear yard.

(4) The vehicle shall not be parked on a grassed area, lawn area, or an otherwise landscaped area.

(5) No business or sales shall be conducted from any vehicle parked on a residential lot.

(6) The outside storage of any materials or equipment associated with the commercial vehicle is prohibited.

C. Overnight parking of commercial vehicles with a gross vehicle weight rating (GVWR) exceeding 10,000 pounds, nonrecreational trailers, construction equipment, truck tractors, and buses is prohibited in residential zones.

D. No more than one commercial vehicle as defined herein shall be stored or maintained on any residential property whether it is stored outside or in an enclosed structure.

E. This provision shall not be deemed to limit the number of commercial vehicles used in conjunction with a permitted agricultural use.

§ 188-52 Grading and soil protection.

A. Topsoil protection. No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the development and shall be stabilized by seeding or planting.

B. Subsoil protection. Excess subsoil may be transferred to another site within the Township, but under no circumstances may it be relocated outside of the Township.

C. No grading, construction or regrading shall be permitted which creates or aggravates water stagnation or a drainage problem on adjacent properties, and all grading shall comply with the Environmental Impact Statement Ordinance, Soil Erosion and Sediment Control Ordinance, Surface Water Management Ordinance and Floodways and Flood Hazard Areas Ordinance,[1] where applicable. Grading shall be limited to areas shown on an approved plan.

[1] Editor's Note: See Ch. 160, Environmental Impact Statement; Ch. 251, Soil Erosion and Sediment Control; Ch. 262, Surface Water Runoff: and Ch. 172, Floodways and Flood Hazard Areas.

D. Any soil transported into and within the Township of Hillsborough will require a certification from an approved laboratory stating that the soil is not contaminated and is suitable, clean material meeting the standards of the New Jersey Department of Environmental Protection. The certification must be submitted to the Township Engineering Department a minimum of 10 days prior to anticipated soil transportation. Any soil material transported without this certification being on file with the Township Engineering Department is subject to testing as arranged by the Township Engineering Department, at the sole cost and expense of the contractor/property owner. Soil grading is also subject to § 188-85 of the Code of the Township.

[Added 6-9-2009 by Ord. No. 2009-21]

§ 188-53 Heliport and airports.

[Added 12-26-1978 by Ord. No. 78-23]

A. "Heliport" means an area of defined dimensions, designated for the landing and takeoff of helicopters, and used solely for that purpose.

B. A heliport may be permitted by the Planning Board as a conditional use in connection with and accessory to an industrial or office use in the following specific zone districts only: O-2 Office District, O-5 Office/Research District, I-2 Light Industrial District and GI General Industrial District. Helistops shall not be permitted in any district.

C. No such conditional use shall be permitted, and no heliport shall be installed, used or operated, unless the applicant therefor shall demonstrate, in accordance with the procedures for granting conditional uses (see § 188-9), the following:

(1) Such facility meets all of the requirements for the issuance of a heliport private use license, by the Division of Aeronautics, Department of Transportation, State of New Jersey.

(2) Flights from the proposed heliport, including landings and takeoffs, will conform to all federal laws and regulations of the Federal Aviation Administration.

(3) With regard to the landing and takeoff pads or sites:

(a) They shall not exceed 75 feet in diameter in the O-2 Office District, O-5 Office/Research District and I-2 Light Industrial District and shall not exceed 100 feet in diameter in the GI General Industrial District.

(b) They shall be of dust-free surface (such as properly maintained grass) or pavement but, if pavement, shall conform to specifications required for construction of local streets.

(c) Fencing shall be provided as set forth in Chapter 54 of the New Jersey Administrative Code.

(4) Notwithstanding the minimum lot area for the district in which the heliport is proposed, any tract upon which a heliport is permitted shall contain a minimum of 10 acres or such larger area as required to provide the required setbacks.

(5) Each heliport permitted under this section shall be visual flight route, landing and takeoffs to be in daylight hours only.

(6) The heliport must be on the same lot as the principal use and be used only by persons conducting business with the occupants of the lot, and no commercial helicopter operations shall be conducted from the lot. (The exception shall be a heliport located in conjunction with a permitted airport in the GI General Industrial District, in which case commercial operations and use by persons other than those conducting business at the airport shall be permitted.)

(7) Minimum setbacks on landing pads from the property line shall be 200 feet from any lot line adjoining a nonresidential use or zoning district, and at least 400 feet from a lot line adjoining residential uses or zoning districts but, in any event, not closer to any property line than such distance which would result in a helicopter passing over a residential lot or residential zoning district at less than 300 feet when in a landing or takeoff pattern.

(8) A heliport in the GI General Industrial District may also include a hangar and repair facility.

(9) The landing pad area shall be landscaped to buffer noise from those portions of the landing pad having an unobstructed view of residential uses or zoning districts (see § 188-39).

(10) The landing pad shall be located so as to provide a minimum of two approach and departure paths based on prevailing winds and the absence of obstacles. Both paths shall be located so that the final 300 feet of the approach shall be a straight line over undeveloped lands to permit a safe emergency landing.

D. Existing airports may expand in compliance with the New Jersey Department of Transportation and Federal Aviation Agency, provided that the following standards are adhered to:

[Added 8-12-1986 by Ord. No. 86-13]

(1) Proposed expansion of the airport shall not create an increase in projected noise contours which affect neighboring population concentrations adjacent to the airport.

(2) Airport facilities shall be based on an overall Airport Master Plan designed in accordance with state and federal requirements.

(3) The airport shall be operated and managed on the basis of a management plan which controls daily operations at the facility.

§ 188-54 Home occupations.

[Amended 7-14-1981 by Ord. No. 81-11; 8-14-1990 by Ord. No. 90-14; 11-12-2007 by Ord. No. 2007-39]

A. A residence or permitted accessory structure may contain the office of a practitioner licensed or certified by the State of New Jersey for the practice of any of the following: chiropody, podiatry, dentistry, medicine, chiropractic, psychology, psychiatry and osteopathy; subject, however, to all of the following terms and conditions:

(1) Said practitioner shall be the owner or lessee of such residential property containing a single-family residence and permitted accessory structure, as appropriate.

(2) Said practitioner shall reside in the residential dwelling on the subject property.

(3) Said practitioner shall not employ more than two persons acting as assistants. The employees need not be residents therein.

(4) Such office shall not occupy an amount of space in excess of 25% of the area of the residential dwelling, whether it is located within the dwelling or in the permitted accessory structure. In computing the area of such residential dwelling or permitted accessory structure, the area of any utility area, heating and cooling rooms and all portions of floor areas which have a ceiling height above them of less than five feet shall be excluded from the computation. The area of any attached garage shall be excluded when computing the area of a residential dwelling.

(5) No patient shall remain overnight.

(6) Each such office shall be provided with no less than five off-street parking spaces in addition to those spaces required for residential purposes.

(7) Each such office, as regulated in this subsection, shall only be permitted after site plan review and approval.

(8) A sign is permitted pursuant to § 188-83G(9).

B. In addition to the offices of professional persons as permitted in Subsection A above, the following professions may be conducted as home occupations in a residence or in a permitted accessory structure within the limitations imposed by this subsection: accountants, sales agents, teachers, craftsmen, engineers, planners, lawyers, architects and licensed beauticians. Any of the said uses shall be permitted only if all of the following requirements are complied with:

(1) Said professional shall be the owner or lessee of such residential property containing a single-family residence and a permitted accessory structure, as appropriate.

(2) Said professional shall reside in the residential dwelling on the subject property.

(3) There shall be no physical evidence of said use from the exterior of the residential dwelling or accessory structure in which the home occupation is conducted.

(4) A sign is permitted pursuant to § 188-83G(9).

(5) There shall be no keeping of stock-in-trade or vehicular distribution from the premises of goods or material of any kind.

(6) The remodeling of any residential dwelling or accessory structure in any way to create the impression of business activity from the exterior of the residential dwelling or accessory structure is prohibited.

(7) Home occupations shall employ only those persons residing on the subject property.

(8) Such office shall not occupy an amount of space in excess of 25% of the area of the residential dwelling, whether it is located within the dwelling or in the permitted accessory structure. In computing the area of such residential dwelling or permitted accessory structure, the area of any utility area, heating and cooling rooms and all portions of floor areas which have a ceiling height above them of less than five feet shall be excluded from the computation. The area of any attached garage shall also be excluded when computing the area of a residential dwelling.

C. In addition to the offices of professional services and occupations as permitted in Subsections A and B above, the following occupation is deemed a home occupation and may be conducted in a residential dwelling or in a permitted accessory structure in accordance with N.J.S.A. 40:55D-66.4 and 40:55:D-66.5[1]: family day-care home.

[1] Editor's Note: N.J.S.A. 40:55D-66.4 and 40:55D-66.5 were repealed by L. 1998, c. 139, § 1, effective 12-11-1998.

§ 188-55 Homeowners' association.

A homeowners' association may be established for the purposes of owning and assuming maintenance responsibilities for the common open space and common property designed within a development, provided that the approving authority 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. If established, the organization shall incorporate the following provisions:

A. Membership by all property owners, condominium owners, stockholders under a 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.

B. The organization shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the organization, and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space or property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the municipality (or municipalities) wherein the land is located.

C. 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.

D. The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenant, 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 property. These shall be set forth as a condition of approval and shall be submitted prior to the granting of final approval.

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

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

§ 188-56 Lakes.

[Amended 7-14-1981 by Ord. No. 81-11]

Any lake constructed shall have an average depth of water of not less than three feet from May 1 to September 1 of each year. All lakes shall be stocked by the developer.

§ 188-57 Lighting.

All area lighting shall provide for lights focused downward, translucent fixtures and shielding or such other light orientation and shielding as to prevent light spillage off the site. The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere and shall average a maximum of 0.5 footcandle over the entire area. No light source shall exceed a height of 15 feet. 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 outdoor lighting shall be shown on the site plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residences and overhead sky glow. The objective of these specifications is to minimize undesirable off-site effects. No light shall shine directly into windows or onto streets and driveways in such a manner as to create a nuisance or interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, light shielding and similar characteristics shall be subject to site plan approval.

§ 188-58 Lots.

[Amended 5-24-1983 by Ord. No. 83-12]

A. Lots shall conform to the requirements of the zoning provisions of this chapter and, insofar as is practical, side lot lines shall be either at right angles or radial to street lines.

B. Each lot must front upon an approved public street, which street right-of-way is at least 50 feet in width. Through lots with frontage on two streets will be permitted only under the following conditions:

(1) Where the lot abuts an arterial or collector street and a planting area is provided as set forth § 188-89, Streets, in this article.

(2) Where the length of the lot between both streets is of such length that future division of the lot into two lots is improbable.

(3) Where access shall be to one street only, which street shall be the one with the lower traffic function, and the portion of the lot abutting the other street shall be clearly labeled on the plat and in any deed that street access is prohibited.

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

D. In the case of two or more contiguous lots under the same ownership, regardless of whether or not each may have been approved as a subdivision, acquired by separate conveyance or by other operation of law, where one or more of said lots does not conform with the 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.

E. No lot which conforms to the requirements of this chapter governing minimum lot width, depth or area shall be deemed or considered to be nonconforming where such nonconformity is created solely by virtue of the dedication to and acceptance or condemnation by the Township of Hillsborough or the County of Somerset or the State of New Jersey of land for a street, avenue or road right-of-way or sewer or drainage easement, provided that the width, depth or lot area remaining is not less than 80% of the requirements of this chapter, and provided further that this section shall not apply where such dedication is made pursuant to the subdivision of lands in accordance with this chapter into more than two lots or in connection with the dedication of a new street.

§ 188-59 through § 188-62. (Reserved) [1]

[1] Editor's Note: Former §§ 188-59, Affordable housing rental regulations, added 6-28-1988 by Ord. No. 88-10; 188-60, Affirmative marketing plan, added 6-28-1988 by Ord. No. 88-10; 188-61, Affordable Housing Board, added 12-8-1992 by Ord. No. 92-24; and 188-62, Affordable housing development fees, added 7-26-1994 by Ord. No. 94-17, were repealed 5-11-2021 by Ord. No. 2021-06.

§ 188-63 Monuments.

Monuments shall be of the size and shape required by Section 4 of Chapter 141 of the Laws of 1960, as amended,[1] and shall be placed in accordance with said statute by the developer and indicated on the final plat. All lot corners shall be marked with a metal alloy pin of permanent character.

[1] Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

§ 188-64 Natural features.

A. Natural features, such as trees, brooks, swamps, hilltops and views, shall be preserved whenever possible and care shall be taken to preserve selected trees to enhance soil stability and landscaped treatment of the area.

B. Where the Master Plan or Official Map of the Township delineates floodplains and other critical areas, they shall be delineated on the plat and the removal of trees and ground cover shall be prohibited in these areas except for the following purposes: the removal of dead or diseased trees, the limited thinning of trees and brush 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. These areas shall be indicated on the preliminary and final plats and shown in such a manner that their boundaries can be accurately determined. The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines and at angle points along its alignment. An easement dedication shall be expressed on the plat as set forth in § 188-45, Easements, in this article.

C. Where streams or ponds exist or are proposed, facilities shall be provided to draft water for Township fire-fighting purposes as set forth in § 188-49, Fire protection, in this article.

D. Stream corridor protection.

[Added 4-12-2005 by Ord. No. 2005-02]

(1) Purposes. The purposes of this subsection are as follows:

(a) Maintain the quality streams and improve the currently impaired streams within the Township.

(b) Protect significant ecological components of stream corridors such as wetlands, floodplains, woodlands, steep slopes and wildlife and plant life habitats within the stream corridors and to prevent flood-related damage to the Township.

(c) Complement the existing state, regional and County stream corridor protection and management regulations and initiatives.

(d) Ensure that only appropriately placed development on a property will not increase the danger to human, plant or animal life and that it represents an acceptable use of the land in relation to the hazards involved.

(e) This is not intended to conflict with any applicable regulations from the New Jersey Department of Environmental Protection, which shall govern.

(2) Applicability. All tracts falling in whole or in part within a stream corridor shall be subject to the standards set forth in this subsection, which may exceed and be further subject to review by the Delaware and Raritan Canal Commission under the standards set forth in N.J.A.C. 7:45-6.6 of the Delaware and Raritan Canal Commission Regulations.

(3) Standards.

(a) Permitted activities in stream corridors. Stream corridors shall remain in their natural state with no clearing or cutting of trees and brush (except for removal of dead vegetation and pruning for reasons of public health, safety and welfare), altering of watercourses (including filling or dredging), regrading or construction, except for the following activities:

[1] Farming and agricultural-related activities, subject to application of best management practices (BMPs) in effect, but excluding enclosed structures.

[2] Wildlife sanctuaries, woodland preserves and arboretums, but excluding enclosed structures.

[3] Game farms, fish hatcheries and fishing reserves, operated for the protection and propagation of wildlife, but excluding enclosed structures.

[4] Unpaved hiking, bicycle and bridle trails.

[5] Fishing areas.

[6] Reconstruction of a structure which predates the adoption of this subsection in the event of damage or destruction by fire, storms, natural hazards or other acts of God, provided that the reconstruction does not have a greater footprint or total area than that of the damaged structure and that no change in land use occurs, and further provided that the reconstruction shall not be permitted only if no more than 50% of the structure is destroyed.

(b) Location of activities on tracts partially within stream corridors.

[1] All new lots created by minor or major subdivisions, as well as the subject of a site plan application, shall be designed to provide sufficient areas outside of stream corridors to accommodate primary structures as well as any normal accessory uses appurtenant hereto.

[2] The board having jurisdiction may allow stream corridor averaging, thus allowing reasonable flexibility to accommodate site planning when necessitated by the size and shape of the tract and physical conditions thereon. The stream corridor width may be reduced to a minimum of 50 feet from the outer boundary of the corridor, provided there is an equivalent increase in the width elsewhere on the site and that all applicable permits are obtained.

(c) Waiver required for activities permitted in stream corridors when there is no reasonable or prudent alternative. Subject to a waiver by the board having jurisdiction, in a stream corridor when subdivision or site plans cannot be designed in the manner set forth in Subsection D(3)(b) above or, in the case of a preexisting lot with a one- or two-family dwelling, when the Zoning Officer determines there is insufficient room outside the stream corridor for proposed permitted accessory uses (in either case, there must be no other reasonable or prudent alternative to placement in the stream corridor), the following activities are permitted subject to conformance with best management practices:

[1] Yard improvements such as lawns and accessory structures such as swimming pools.

[2] Recreational use, whether open to the public or restricted to private membership, such as parks, camps, picnic areas, golf courses, sports or boating clubs, not to include the enclosed structures, but permitting piers, docks, floats or shelters usually found in developed outdoor recreational areas.

[3] Outlet installation for sewerage treatment plants and sewerage pumping stations and the expansion of existing sewerage treatment facilities.

[4] Private or public water supply wells that have a sanitary seal, floodproofed water treatment facilities or pumping facilities.

[5] Dredging or grading when incidental to permitted structures or uses, including stream cleaning and stream rehabilitation work undertaken to improve hydraulics or to protect public health, safety and welfare.

[6] Dams, culverts, bridges and roads, provided that they cross the corridor as directly as practical.

[7] Sanitary or storm sewers.

[8] Utility transmission lines installed during periods of low stream flow in accordance with soil erosion and sediment control practices and approved by the Soil Conservation District in a manner which will not impede flows or cause ponding of water.

[9] Structures comprising part of a regional flood control/detention project.

[10] Detention or retention basins and related outfall facilities.

(d) Waiver required for activities permitted in stream corridors when prohibiting such activities would cause hardship. New structures [other than those permitted as exceptions in Subsection D(3)(a) and (c) above], including retaining walls, parking facilities and roads (but not those which are parallel to the stream), are permitted, subject to a waiver by the board having jurisdiction, in a stream corridor only upon a demonstration by the applicant that prohibiting such activities would result in a hardship and or would conflict with a compelling public need. The board having jurisdiction shall use the following standards in determining whether a hardship exists:

[1] Prohibiting the activity would result in a hardship, as distinguished from a mere inconvenience, because of the particular physical surroundings, shape or topographical conditions of the property involved. The necessity of acquiring additional land to locate development outside the stream corridor shall not be considered a hardship unless the applicant can demonstrate that there is no adjacent land that is available.

[2] An applicant shall be deemed to have established the existence of a hardship, based on specific facts, if it is demonstrated that the subject property is not capable of being developed as authorized by provisions of this subsection and that this inability to yield a reasonable economic return results from unique circumstances particular to the subject property which:

[a] Do not apply to or affect other property in the immediate vicinity.

[b] Relate to or arise out of the characteristics of the subject property rather than the personal situation of the applicant.

[c] Are not the result of any action or inaction by the applicant or owner or any predecessors in title.

[3] An applicant shall be deemed to have established compelling public need, based on the specific facts, if it is demonstrated that:

[a] The proposed project will serve as an essential public health, safety or welfare need.

[b] The public health, safety or welfare require the proposed activity.

[c] The proposed use is required to serve existing public health, safety or welfare need.

[d] There is no alternative available to meet the established public health, safety or welfare need.

[e] The activity will not be materially detrimental or injurious to other property or improvements in the area in which the subject property is located and will not endanger public health, safety or welfare.

[f] The relief granted under this waiver is the minimum necessary to relieve the compelling public health, safety or welfare need.

(e) Prohibited activities. All activities not permitted pursuant to Subsections D(3)(a), (c) and (d) above shall be prohibited. In no circumstance shall the following be permitted as waivers to such subsections:

[1] Any solid or hazardous waste facilities, including but not limited to sanitary landfills, transfer stations and wastewater lagoons.

[2] Junkyards, commercial and industrial storage facilities and open storage of vehicles and materials.

[3] Septic systems.

[4] Driveways and parking areas (pervious or impervious).

[5] Buildings or structures, except as permitted herein.

(f) Provisions governing activities in stream corridors.

[1] The applicant shall provide whatever additional measures are necessary to assure that areas designated as stream corridors will be preserved and to prevent additional encroachments in stream corridors which may occur as a result of the approval.

[2] The board having jurisdiction, in the case of an application for development, may require conservation easements or deed restrictions assuring that there will be no further intrusion on the stream corridor than that permitted by the approved activity.

(4) Submission requirements. An applicant for an activity in a stream corridor shall submit a map showing the project site at a scale of one inch equals 40 feet or larger, as appropriate, in order to show the following information:

(a) One-hundred-year flood line.

(b) State wetland boundary line.

(c) Stream corridor boundary.

(d) Slopes of 12% and greater based on two-foot contour intervals.

(e) The location of all improvements and land disturbance proposed to be located within any of the above boundaries.

(f) All existing natural and man-made features on the subject property.

(g) Any existing or proposed easements on the subject property.

(5) Enforcement. Enforcement of the provisions contained in this subsection shall be as provided in § 188-46B(4) as related to critical areas.

§ 188-65 Nature and extent of land uses.

The control and regulation of the uses of buildings and structures as herein provided shall equally apply to the nature and extent of the use of the land.

§ 188-66 Nonconforming uses, structures or lots.

The lawful use of land, buildings or structures existing when this chapter was adopted may be continued even though they do not conform to this chapter. However, none shall be enlarged, extended, relocated, converted to another use or altered, except in conformity with this chapter, except as permitted below. Land on which a nonconforming use or structure is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner.

A. Abandonment. A nonconforming use shall be considered abandoned if it is terminated by the owner, or if a nonconforming use involving a structure is discontinued for 12 consecutive months, or if a nonconforming use of land ceases for a period of six months. The subsequent use of the abandoned building, structure and/or land shall be in conformity with this chapter.

B. Restoration. Any nonconforming use or structure existing at the time of the passage of an ordinance may be continued upon the lot or in the structure so occupied and any such structure may be restored or repaired in the event of partial destruction thereof. A pre-existing nonconforming use may be repaired or maintained, so long as the repair or maintenance does not result in total destruction. The total destruction of a nonconforming use or structure whether by design or accident terminates the use. The test of whether a nonconforming use or structure may be restored or repaired is whether there has been some quantity of destruction that surpasses mere partial destruction. At a minimum, the foundation and at least two walls must remain and not require repair or replacement or the destruction shall be deemed total. However, the mere fact that the foundation and at least two walls remain and do not require repair or replacement shall not be conclusive or determinative as to whether the destruction is only partial. The Construction Official in consultation with the Zoning Officer shall determine whether the destruction is partial.

[Amended 12-8-2020 by Ord. No. 2020-29]

C. Repairs and maintenance. Repairs and maintenance may be made to a nonconforming use, structure or lot, provided that the work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose or increase the nonconformity in any manner.

D. Nonconforming lots and structures. (See also § 188-58, Lots, in this article.)

[Amended 7-23-1996 by Ord. No. 96-12]

(1) An existing single-family residence on a conforming or nonconforming lot which violates the current front yard, side yard, and/or rear yard setbacks for the zone, but was constructed in conformance with the zoning standards of the time when it was first built, may have additions added to the principal structure that continue the existing nonconforming front yard, side yard, and/or rear yard setbacks without the need for a variance, pursuant to this subsection provided that no front yard setback for any addition shall be less than 25 feet, no side yard setback for any addition shall be less than 10 feet, and/or no rear yard setback for any addition shall be less than 25 feet. Structures built in accordance with a variance granted for the front yard, side yard, and/or rear yard setback are specifically excluded from this provision.

(2) An existing single-family residence on a conforming or nonconforming lot which violates the current front yard, side yard, and/or rear yard setbacks for the zone, but was constructed pursuant to court mandated standards, may have additions added to the principal structure provided that the new front yard, side yard, and/or rear yard setbacks for the addition are constructed in accordance with the court mandated standards without the need for a variance pursuant to this subsection provided that no front yard setback for any addition shall be less than 25 feet, no side yard setback for any addition shall be less than 10 feet, no rear yard addition shall be less than 25 feet. Structures built in accordance with a variance granted for the front yard, side yard, and/or rear yard setback are specifically excluded from this provision.

(3) Excepting the Mountain Zone (MZ) District, an existing single-family residence that was built under court-mandated standards may have additions to the principal building and/or accessory structures, paved driveways and patios constructed on the lot that create impervious surface in excess of the current impervious surface standard for the zone without the need for a variance, provided that the impervious surface coverage will not exceed the court-mandated standard or 25% of the lot area, whichever is greater, and provided that the homeowner can provide a grading and drainage plan in accordance with Township standards and approved by the Township Engineer.

[Amended 5-24-2005 by Ord. No. 2005-13; 4-24-2012 by Ord. No. 2012-15]

(4) Any existing structure on a nonconforming residential lot or an existing principal structure on a conforming lot which violates any yard requirements may have additions to the principal building and/or an accessory building may be constructed on such lots without an appeal to the Board of Adjustment, (notwithstanding any prior variance approvals) provided that the accessory building and/or the addition to the principal building do not violate any other requirements of this chapter.

(5) For any detached single-family residential lot that fronts upon more than one public street, accessory structures, including pools, sheds and decks, may be installed in the yard at the rear of the residential dwelling subject to compliance with the applicable front yard setback, as required when abutting a public street, without the need for a variance.

[Added 10-9-2012 by Ord. No. 2012-29]

§ 188-67 Off-site and off-tract improvements.

Before final approval of a subdivision or site plan, the approving authority may require, in accordance with the standards of this chapter and an adopted circulation plan and utility service, public facilities and open space plan, the installation, or the furnishing of a performance guaranty in lieu thereof, of any or all of the following off-site and off-tract improvements which are necessary or appropriate for the protection of the public interest by reason of the development's effect on land other than the developer's property: street improvements, water system, sewerage, drainage facilities and easements therefor.

A. Essential off-site and off-tract improvements.

(1) In cases in which a development has no direct access to a public street, improved and meeting the standards of N.J.S.A. 40:55D-34 and 40:55D-35 or in which it has no direct access to a public sanitary sewer and does not qualify for sewage disposal by individual sewage disposal systems, the approving authority may nevertheless grant final plat approval, if otherwise meeting the requirements of this chapter, if the developer shall acquire, improve and dedicate to the Township such street or sanitary sewer connection between the development and an existing improved public street or sanitary sewer, as the case may be, as shall be approved by the approving authority and the Township Committee and, in the case of sanitary sewers, the Municipal Utilities Authority. Such off-site and off-tract connections shall be subject to the provisions of this article as if they were required improvements for the development. The dedication thereof shall be subject to approval of the Township Attorney as to form. The provisions of this section shall be applicable only upon the request and with the consent of the developer.

(2) In cases in which surface or other drainage waters are to be diverted from the proposed development into other drainage facilities, ditches or stormwater systems or onto other lands or onto any streets or roadways, and it appears that such off-site and off-tract facilities are not adequate to accommodate the additional waters from the site of the applicant or the volume in which the waters from the site of the applicant will be discharged, or that the changes in grade on-site or diversion of surface waters therefrom will be likely to cause damages to other properties or facilities, so that provision is required to extend or enlarge or create publicly controlled drainage facilities off-site or off-tract, and the need for such additional, enlarged and/or new off-site and off-tract facilities is occasioned by the needs of the applicant and the proposed development, and that the costs of such additional, enlarged or new facilities will not be an unreasonable burden upon the applicant if borne solely by the applicant in the light of the relationship of such costs to the entire project of the applicant, the approving authority may nevertheless grant final approval if the developer shall acquire, improve and dedicate to the Township such enlarged, additional or new drainage facilities, as the case may be, as shall be approved by the approving authority and Township Committee. Such off-site and off-tract drainage improvements shall be subject to the provisions of this article as if they were required improvements within the development. The dedication thereof shall be subject to approval of the Township Attorney as to form. In lieu of the developer's performing such off-site and off-tract drainage work, the developer and Township Committee may enter into an agreement for such work to be performed by the Township or its contractors at the costs of the developer. The provisions of this section shall be applicable only upon the request and the consent of the developer.

(3) Where the approving authority shall determine that off-site and off-tract improvements would be essential to the development, as set forth in Subsection A(1) and/or (2) above, so that the development cannot proceed without such off-site and off-tract improvements being made as part of the development, and the developer does not request and consent as set forth above, the application shall be denied, without prejudice to a future application at such time as the conditions which would make off-site and off-tract improvements essential no longer apply.

B. Advisable off-site and off-tract improvements. Where the approving authority finds that off-site and off-tract improvements would be advisable and would promote the objectives of this chapter and that the same can be most appropriately accomplished in connection with the development, but that said off-site and off-tract improvements are not essential to the development as set forth in either Subsection A(1) or (2) above, and particularly where the off-site and off-tract improvements would be required to be made as a local improvement by the Township, with the costs thereof to be assessed against all properties (including the property of the developer) specially benefited thereby, then the provisions of this Subsection B shall apply, as follows:

(1) At such time during the processing of the development application as the desirability of such off-site and off-tract improvements shall become apparent to the approving authority, but in no event beyond the time for the action on the preliminary plat, the approving authority shall refer the matter of off-site and off-tract improvements to the Township Committee, with recommendations to the Township Committee with regard thereto.

(2) If the Township Committee agrees that the matter should be considered, then the Township Engineer or other authority retained by the Township Committee for such purpose shall determine the nature of the off-site and off-tract improvements required or likely to be required in the area, including:

(a) The needs created by the applicant's proposed on-site construction or work.

(b) The then-existing needs in the area notwithstanding and work of the applicant.

(c) The reasonably anticipated improvements or foreseeable work on other lands in the area.

(3) Said Engineer or other authority shall determine the total estimated costs of such estimated work, including all costs which would be included in any local improvement ordinance which said Township would be authorized to adopt for said project, and including construction costs, engineering costs, costs of any easement or right-of-way acquisition, legal land advertising costs, contingencies and bonding and assessment costs.

(4) Said Engineer or other authority shall further determine, from the nature of the area and the nature of the work and estimated costs, the anticipated amount that the lands of the applicant would be expected to be assessed under local improvement procedures pursuant to N.J.S.A. 40:56-21 et seq., as the same may be amended and supplemented from time to time.

(5) The Engineer or other authority shall report to the Township Committee the scope of the recommended project, the estimated total costs, as computed under Subsection B(3) above, and the estimated share of the subdivider, as computed under Subsection B(4) above.

(6) Based upon the report of the Engineer or other authority as aforesaid and the recommendations of the approving authority, the Township Committee shall determine whether to undertake such off-site and off-tract improvements or portions thereof as a local improvement, the cost of which will be specially assessed against properties benefited thereby in proportion to and not in excess of the benefits received, pursuant to Chapter 56 of Title 40 of the Revised Statutes of New Jersey.

(7) If the determination of the Township Committee shall be that it will not adopt such ordinance for the making of such improvements as a local improvement, the final development layout shall be designed accordingly, and the approving authority shall base its further proceedings upon such determination.

(8) If the determination of the Township Committee shall be to proceed to adopt such local improvement ordinance, it shall proceed in the following manner:

(a) If sufficient Township funds are available for the initial appropriation required for said ordinance, the Township Committee may proceed to appropriate such funds and adopt such ordinance, and all subsequent proceedings for the making and for the assessment of the cost of the off-site and off-tract improvements shall be in accordance with such ordinance and the aforesaid statutes of New Jersey, and the final development layout shall be compatible with the off-site and off-tract improvements and the approving authority shall proceed accordingly.

(b) If sufficient Township funds are not available for the initial appropriation required for said ordinance, the Township Committee may determine the anticipated amount that the lands of the applicant would be expected to be assessed, accepting the recommendations of the Township Engineer or other authority under Subsection B(4) above or making its own determination as to such estimated amount.

[1] The amount so determined by the Township Committee shall then be deposited by the applicant with the Township Treasurer prior to final approval of the development and prior to introduction of such local improvement ordinance.

[2] Such deposit shall be made concurrent with an agreement between the applicant and the Township concerning the uses of same, which shall include the following stipulations: that said funds shall be used by the Township solely for the construction of such off-site and off-tract improvements as specified in said agreement and for the other expenses incidental thereto, as more particularly set forth in Subsection B(3) above, and the acquisition of any easements or rights-of-way in connection therewith; that such deposit may be appropriated by the Township, with other funds of the Township, toward the accomplishment of such purposes, and in that connection may be commingled with such other funds so appropriated and may be expended by the Township in connection with such purposes, that if such deposit is not used by the Township within a specified time agreed upon by the applicant, said funds shall be returned to the applicant; that upon completion of the work by the Township or its contractors, the properties specially benefited by such improvement shall be assessed as provided by law, including the property of the applicant; that such deposit of the applicant shall be credited against the assessment made upon the applicant's property (whether or not the applicant is then the owner thereof), and that if such deposit shall have been less than the amount ultimately assessed and confirmed against such property, then the then owner or owners of said property shall pay the difference between the deposit and such assessment, or if the deposit shall exceed the amount as assessed and confirmed, the excess shall be refunded to the applicant, without interest.

(c) In any case where, although the off-site and off-tract improvements may not be found to be the type of essential off-site and off-tract improvements as defined in Subsection A(1) or (2) hereof, said off-site and off-tract improvements are found by the approving authority to be advisable and important to the sound development of the site, and the Township Committee has concurred in said findings and has determined to proceed in accordance with Subsection B(8) hereof, particularly Subsection B(8)(b)[1] and [2] above, but the developer is unwilling to make such deposit as specified thereunder, then and in that event there shall be no final approval of said development until funds become available for the initial appropriation required to adopt the local improvement ordinance.

(d) The determination of the availability of Township funds for appropriation to a local improvement ordinance, as provided in Subsection B(8)(a) and (c) above, shall be in the sole discretion of the Township Committee.

(9) The determination of the Township Committee as to whether to proceed toward the adoption of a local improvement ordinance under Subsection B(7) or (8) above shall be made as soon as practicable after referral by the approving authority, but in any case the Township Committee shall make such determination within 30 days after the referral and recommendation of the approving authority, unless such time shall be extended by the consent of the applicant. If no such determination shall be made within such thirty-day period or within such time as extended, the approving authority may proceed as if the Township Committee had determined that it would not adopt such local improvement ordinance.

§ 188-68 Off-street parking and loading.

A. Access to lots with more than 10 spaces. There shall be a maximum of one access drive at any street, with the center line of the access drive at least 30 feet from any property line. When the property along a street exceeds 500 feet in length, one access drive may be permitted for each 250 feet of frontage. Driveways with widths exceeding 24 feet shall be approved by the approving authority, giving consideration to the width, curbing, traffic flow, radii of curves and traffic lane dividers.

B. Access to loading and parking spaces. Individual spaces shall be served by interior driveways and be designed for vehicle access without requiring the moving of any other vehicle. Spaces shall not have direct access from public streets or major interior drives and roads.

C. Buffers. All loading areas and parking lots with 10 or more spaces shall have a thirty-foot wide buffer from adjoining streets, property lines, existing residential uses and residential zoning districts in accordance with the buffer section of this chapter.

[Amended 12-11-1990 by Ord. No. 90-21]

D. Curbing. All parking lots with more than 10 spaces and all loading areas shall have concrete or Belgian block curbing around the perimeter of the parking and loading areas in conjunction with an overall drainage plan. Curbing shall be either depressed at the driveway or rounded at the comers with the access drive connected to the street in the same manner as another street. Curbing between vehicular and pedestrian ways shall be designed with periodic ramps from the street or parking grade to the sidewalk, which shall be no less frequent than one every 65 feet and located in accordance with a pedestrian circulation plan.

E. Dimensions.

(1) Off-street parking spaces shall be dimensioned in accordance with the following schedule, except that a minimum of one space but not more than 5% of all spaces shall be a minimum of 12 feet wide, located in one area, designated as parking for the handicapped and located so that access does not require wheeling or walking behind parked cars.

[Amended 12-11-1990 by Ord. No. 90-21]

		Parking Spaces Ten Feet Wide by Twenty Feet Long
	Parking Space Angle	One-Way Aisle (feet)	Two-Way Aisle (feet)
	90º	25	30
	60º	20	22
	45º	18	20
	30º	15	18
	Parallel	12	18

(2) Off-street loading spaces shall have 15 feet of vertical clearance and shall be designed in accordance with the following schedule:

	Loading Space		Combined Apron and Aisle Length
	Length (feet)	Width (feet)	90º (feet)	60º (feet)
	60	10	72	66
	60	12	63	57
	60	14	60	54

F. Drainage. All parking and loading areas shall be drained in accordance with good engineering practice as approved by the Township Engineer. Where subbase conditions are wet, springy or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least six to 12 inches below the proposed finished grade and filled with a suitable subbase material as determined by the Township Engineer. Where required by the Engineer, a system of porous concrete subsurface drainpipes 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.

G. Surfacing. Surfacing shall be approved as part of the site plan approval. Areas of ingress and egress, loading and unloading areas, major interior driveways and aisles and other areas likely to experience similar heavy traffic shall be paved according to the Standard Details and Design Criteria of the Township Engineering Department.

H. Landscaping. Landscaping in all loading areas and in and around parking lots for 10 or more vehicles shall be shown on a landscaping plan. Trees shall be staggered and/or spaced so as not to interfere with driver vision at intersections of driveways and streets and at the ends of parking rows, have branches no lower than six feet and shall number at least one tree for every 20 parking spaces, in addition to any buffer requirements. All areas between the parking area and the building shall be landscaped. All landscaped areas within the parking lot or loading area shall be protected by concrete or Belgian block curbing. Any plantings which do not live shall be replaced within one year or one growing season. A majority of the parking area shall be obscured from public streets by buildings, landscaped berms, natural ground elevation or plantings, singularly or in combination.

I. Minimum loading requirements. Adequate off-street loading and maneuvering space shall be provided for every use based on the following schedule. Those uses not listed shall provide sufficient spaces as determined under site plan review.

(1) There shall be a minimum of one space per use. When more than one use is located in a building or where multiple uses are designed as part of a shopping center, industrial complex or similar self-contained complex, the number of loading spaces shall be based on the cumulative number of square feet within the building or complex and shall be dispersed throughout the site to best serve the individual uses and be part of the site plan approval.

(2) There shall be a minimum of one trash/garbage pickup location located either within or outside a building in steel-like, totally enclosed container(s), located and screened to be obscured from view from parking areas, streets and residences. If located within a commercial or industrial building, the doorway(s) may serve both the loading and trash/garbage collection functions. If located outside the building, containers may be located adjacent to or within the loading area(s), provided that the container(s) in no way interferes with or restricts the required loading functions.

(3) Where a tract has at least 25 acres and no portion of a loading area, including maneuvering areas, is closer than 200 feet to any property line and where the length of the driveway connecting the loading area to the street is at least 300 feet long, the number of off-street loading spaces may be less than the number required by the following schedule, provided that the applicant shall document on his plan how the number of spaces to be provided will be adequate to meet the needs of the specific use.

	Schedule of Minimum Loading Requirements
			Gross Floor Area (square feet)
	Use	Minimum Number Spaces1	At Which First Berth is Required1	At Which Second Berth is Required	Number Additional Square Feet For Each Additional Berth
	Assembly operations	1	5,000	40,000	30,000
	Airport	0	None required
	Auto sales	1	10,000	40,000	40,000
	Bar	1	10,000	25,000	20,000
	Bowling alley	1	10,000	100,000	100,000
	Car wash	0	10,000	100,000	100,000
	Cemetery	0	None required
	Church	0	None required
	Community center	0	None required
	Doctor's/dentist's office in home	0	10,000	N.A.	N.A.
	Dwelling unit	0	None required
	Farm	0	None required
	Fiduciary institutions	0	10,000	100,000	100,000
	Finishing operations	1	5,000	40,000	30,000
	Golf course	0	10,000	25,000	40,000
	Gymnasium	0	None required
	Home occupation	0	None required
	Hospital	1	10,000	100,000	100,000
	Industrial	1	5,000	40,000	30,000
	Library	0	None required
	Lumberyard	1	10,000	25,000	20,000
	Manufacturing	1	5,000	40,000	30,000
	Medical center	0	10,000	100,000	100,000
	Mines	1	To be determined at site plan review
	Mortuary	1	10,000	100,000	100,000
	Museum	1	N.A.	N.A.	N.A.
	Neighborhood convenience center	1	5,000	40,000	40,000
	Nightclub	1	10,000	25,000	20,000
	Offices	1	10,000	100,000	100,000
	Park	0	None required
	Pilot plants	1	5,000	40,000	40,000
	Pool	0	10,000	100,000	100,000
	Quarries	1	To be determined at site plan review
	Receiving	1	5,000	40,000	30,000
	Research	1	5,000	40,000	40,000
	Restaurant	1	10,000	25,000	20,000
	Retail store	1	10,000	20,000	20,000
	School	1	N.A.	N.A.	N.A.
	Service station	0	None required
	Shipping	1	5,000	40,000	30,000
	Shopping center	1	10,000	40,000	40,000
	Storage area	1	5,000	40,000	30,000
	Tennis courts	0	None required
	Theater	0	None required
	Truck sales	1	10,000	40,000	40,000
	Utilities	0	10,000	100,000	100,000
	Veterinarian hospital	1	10,000	100,000	100,000
	Warehouse	1	5,000	40,000	30,000

1NOTE: The minimum number of spaces shall prevail for uses that have not attained the gross floor area where the first space is required.

J. Minimum parking requirement. The number of parking spaces for each use shall be determined by the number of dwelling units, the amount of gross floor area as defined in this chapter or such other measure as noted below. Where a particular function contains more than one use, the minimum parking requirement shall be the sum of the component parts. Where an applicant can demonstrate that fewer parking spaces would be required, the approving authority may allow a lower number, provided that the applicant shows on the approved site plan how the required additional spaces could be added if necessary without violating the impervious surface coverage requirements of this chapter. The floor area occupied in any building or structure as a child-care center shall be excluded in calculating any parking requirement otherwise applicable to that number of units or amount of floor space.

[Amended 8-14-1990 by Ord. No. 90-14]

	Schedule of Minimum Parking Requirements
	Use	Number of Parking spaces (GFA = gross floor area)
	Airport	1 space/400 square feet GFA for office
	Assembly operations	1 space/800 square feet GFA
	Auto sales	1 space/300 square feet showroom area and sales office
	Bar	1 space/2 seats
	Bowling alley	4 spaces/alley
	Car wash	10 spaces/washing lane
	Cemetery	1 space/400 square feet GFA for office
	Church	1 space/3 seats
	Community center	Minimum of 20 plus spaces for offices as outlined below
	Doctor's/dentist's in home	1 space/200 square feet GFA
	Dwelling unit	2
	Farm	2
	Fiduciary institutions	1 space/250 square feet GFA
	Finishing operations	1 space/800 square feet GFA
	Golf course	4 spaces/hole
	Gymnasium	To be determined at site plan review
	Home occupation	Minimum of 2 plus 2/employee
	Hospital	1.5 spaces/bed
	Industrial	1 space/800 square feet GFA
	Library	1 space/300 square feet GFA
	Lumberyard	1 space/5,000 square feet gross yard area
	Manufacturing	1 space/800 square feet GFA
	Medical center	1 space/150 square feet GFA; minimum of 10 spaces
	Mines	To be determined at site plan review
	Mortuary	10 spaces/viewing room and chapel; minimum of 30 spaces
	Museum	1 space/600 square feet
	Neighborhood convenience center	Same as shopping center
	Nightclub	1 space/3 seats
	Offices	1 space/300 square feet GFA
	Park	As approved on site plan
	Pilot plants	1 space/800 square feet GFA
	Pool (community)	1 space/15 square feet water surface area
	Quarries	To be determined at site plan review
	Receiving	1 space/5,000 square feet GFA
	Research	1 space/1,000 square feet GFA
	Restaurant	1 space/3 seats; 1 space/30 square feet GFA in quick-food establishments
	Retail store	1 space/150 square feet GFA
	School:
	Elementary	2 spaces/classroom, but not less than 1/teacher and staff
	Intermediate	1.5 spaces/classroom, but not less than 1/teacher and staff
	Secondary	2.5 spaces/classroom, but not less than 2/teachers and staff
	Service station	4 spaces/by and work area
	Shipping	1 space/5,000 square feet GFA
	Shopping center [Amended 12-11-1990 by Ord. No. 90-21]	1 space/150 square feet GFA1
	Storage areas	1 space/5,000 square feet GFA
	Tennis courts	3 spaces/court
	Theater	1 space/3 seats; 1 space/4 seats in shopping center
	Truck sales	1 space/300 square feet showroom area and sales office
	Utilities	1 space
	Veterinarian hospital	6 spaces/examining room or doctor, whichever is greater
	Warehouse	1 space/5,000 square feet GFA
	1NOTE: A maximum of 20% of the GFA can be office use without additional parking for the office use. Office use above 20% shall require parking at the appropriate scale.

K. Location of parking and loading areas.

(1) No off-street loading and maneuvering areas shall be located in any front yard nor require any part of a street.

(2) Loading spaces shall abut the building being served and be located to directly serve the building for which the space is being provided.

(3) No loading and parking spaces shall be located in any required buffer area.

(4) Parking spaces for apartments/townhouses shall be within 100 feet and 300 feet of the building being served. Commercial and industrial parking shall be located on the lot.

(5) No parking shall be permitted in designated fire lanes, streets, driveways, aisles, sidewalks or turning areas.

(6) Parking spaces for shopping centers may be located in any yard. Parking spaces for residential uses may be located in any yard as designated for individual structures, but parking shall be discouraged from being located in the yard space between any public street and any peripheral building. When located within this yard area, the parking shall be at least 100 feet from the street.

L. Off-street parking spaces. Each residential building lot shall, as a minimum, make provisions for two off-street parking spaces.

[Added 9-26-1978 by Ord. No. 78-16]

§ 188-69 Outdoor storage, including non-motor vehicles.

A. In the nonresidential zones, no article or material shall be kept, stored or displayed outside the confines of a building unless the same is screened by a special buffer planting, berm arrangement or fence, or combination thereof, as approved by the Planning Board or Board of Adjustment, as appropriate, and is not visible from any adjacent property or public street. All outdoor storage areas shall have a minimum twenty-foot buffer from any property line; except where adjacent to any existing residential dwelling or residential zone district boundary, there shall be a minimum sixty-foot buffer. A conservation easement shall be established by the applicant to include the required buffer area, subject to approval by the Township Attorney and recorded prior to the issuance of a certificate of occupancy.

[Amended 3-10-2009 by Ord. No. 2009-07]

B. In the residential zones, outdoor storage is prohibited.

C. Outdoor storage as herein regulated is only permitted in the side and rear yards.

D. Section 188-69 shall apply to the storage outdoors of any article or material other than a motor vehicle, which shall be governed by the provisions of § 188-70.

[Added 2-10-1987 by Ord. No. 87-2]

§ 188-70 Outdoor storage of inoperable vehicles.

[Added 2-10-1987 by Ord. No. 87-2]

A. Definitions. The following terms, phrases and words, as used in and for the purpose of this section, shall be deemed to have the following meanings:

INOPERABLE VEHICLE, INOPERABLE AUTOMOBILE and INOPERABLE AUTOMOBILE BODY

An automobile or vehicle of any type which is not currently registered and which does not have lawfully affixed both unexpired license plates and a current motor vehicle safety inspection certificate, or any vehicle, whether currently registered, licensed and inspected or not:

(1) That is in a mechanically inoperable condition;

(2) That is no longer in actual use as a motor vehicle;

(3) That is unfit for use on any public highway without rebuilding or reconditioning; or

(4) Which has been discarded for use or otherwise abandoned and is standing or located on any property in the Township of Hillsborough.

MOTOR VEHICLE, OMNIBUS, ROAD TRACTOR, TRAILER, TRUCK, TRUCK TRACTOR and VEHICLE

As stated and defined in N.J.S.A. 39:1-1 et seq.

PERSON

Any individual, firm, partnership or corporation being the owner or having any legal right in, of or to the vehicle or automobile as herein defined.

B. Abandonment, keeping or storage of inoperable vehicles prohibited. It shall be unlawful for any person to abandon keep, store, locate, suffer or permit the keeping, abandonment or storage of any inoperable vehicle or vehicles, as defined herein, out of doors upon any public or private lands in the Township of Hillsborough or any public streets thereof. Nothing herein shall be deemed to prohibit the placing, keeping or storing of any such vehicle in an enclosed garage, barn or any other building.

C. Presumption as against owner of property. If any inoperable vehicle or vehicles as defined herein shall be abandoned, kept, located or stored on private lands in the Township of Hillsborough, it shall be presumed that the owner or tenant in possession of said land or property has abandoned, kept, located or stored it at his property or permitted or suffered it to be abandoned, kept, located or stored on said property, and the owner of said property shall be responsible for the violation in accordance with Subsection B hereof.

D. Enforcement.[1]

(1) The Township Zoning Officer, the Township Health Officer or their respective representatives shall enforce the provisions of this section and shall be referred to as the "enforcing official."

(2) Upon discovery of an alleged violation of this section, the enforcing official shall serve written notice, either by personal service or registered mail, on the owner of the vehicle and/or property where the violation has occurred, ordering the removal of said vehicle within 30 days of the date of said notice. The notice shall include notification that, if the vehicle is not removed, a summons and/or complaint will issue. In the event that said vehicle is not removed prior to 30 days from the date of said notice, the enforcing official shall cause a summons and/or complaint to be issued.

(3) Nothing herein shall be deemed to prevent the enforcement by the Hillsborough Township Police Department of any of the provisions of N.J.S.A. 39:1-1 et seq., including, specifically, but not limited to provisions of Title 39 relating to abandoned, inoperable or unregistered vehicles.

[1] Editor's Note: For provisions regarding violations and penalties, see § 188-25.

E. Exception. The provisions of this section shall not be applicable to automobile repair shops, auto-body shops or service stations, to the extent that these uses are regulated concerning inoperable and/or unregistered vehicles awaiting repair as set forth in the Hillsborough Township Development Regulations.

§ 188-71 Storage of recyclable materials for multifamily housing developments.

[Added 4-11-1995 by Ord. No. 95-4]

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

MULTIFAMILY HOUSING DEVELOPMENT

A building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a grouping of such buildings.

RECYCLING ENCLOSURE

Space allocated for collection and storage of source separated recyclable materials.

B. There shall be included in any new multifamily housing development that requires subdivision or site plan approval an outdoor recycling enclosure for the collection and storage of residentially-generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions and details of the recycling enclosure shall be as prescribed in the Township of Hillsborough Engineering Department Standard Details and Design Criteria, as may be amended by the Township Engineer to meet site specific conditions. The size and number of bins or containers therein shall be determined in consultation with the municipal recycling coordinator, and shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the municipal master plan, adopted pursuant to Section 26 of P.L. 1987, c. 102.[1]

[1] Editor's Note: See N.J.S.A. 40:55D-28.

C. The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near a refuse dumpster. The location shall be subject to the review of the Township Engineer and Township Fire Official.

D. The recycling and integrated enclosure shall be well lit, and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling enclosure and the bins or containers placed therein, against theft of recyclable materials, bins or containers.

E. The recycling enclosure or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling enclosure, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.

F. Signs clearly identifying the recycling enclosure and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

G. Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

§ 188-72 Performance standards.

A. Electronic equipment. Electronic equipment shall be shielded so there is no interference with any radio or television reception beyond the operator's property or dwelling unit as the result of the operation of such equipment.

B. Glare. No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light or reflection will not interfere with the normal use of nearby properties, dwelling units and streets, according to § 188-57, Lighting, in this article.

C. Air, water and environmental considerations. No use shall emit heat, odor, vibrations, noise or any other pollutant into the ground, water or air that exceeds the most stringent, applicable state and federal regulation. All uses shall comply with the Flood Damage Prevention Ordinance, Environmental Impact Statement Ordinance, Soil Erosion and Sediment Control Ordinance and Surface Water Management Ordinance.[1]

[Amended 7-14-1981 by Ord. No. 81-11]

[1] Editor's Note: See Ch. 172, Flood Damage Prevention; Ch. 160, Environmental Impact Statement; Ch. 251, Soil Erosion and Sediment Control; and Ch. 262, Surface Water Runoff.

D. Storage and waste disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they can be transferred off the lot, directly or indirectly, by natural forces such as precipitation, evaporation or wind. All materials or wastes which might create a pollutant or a hazard shall be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property except under conditions approved by the Fire Department and Fire Inspector.

§ 188-73 Planned developments.

Any project proposed under a permitted form of planned development shall follow the appropriate zoning criteria of this chapter and the applicable subdivision and site plan criteria. Prior to approval of any planned development, the approving authority shall find the following facts and conclusions:

A. All planned developments shall be designed to the specific planned development provisions of the zoning sections of this chapter. The planned development provisions shall supersede any conflicting portions of this chapter to the extent of such inconsistencies.

B. Proposals for maintenance and conservation of the common open space shall be reliable and, if proposed to be handled by a private agency, shall be established in accordance with the homeowners' association provisions of this article. Also, the amount, location and purpose of the common open space shall be adequate for the use intended.

C. The physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment shall be adequate and comply with appropriate portions of the Master Plan.

D. The proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

E. In the case of a proposed development which contemplates construction over a period of years, the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development shall be adequate.

§ 188-74 Multiple permitted principal uses and buildings per lot.

[Amended 4-9-2002 by Ord. No. 2002-10; 12-26-2007 by Ord. No. 2007-42; 3-10-2009 by Ord. No. 2009-07; 3-10-2009 by Ord. No. 2009-09; 6-23-2009 by Ord. No. 2009-24]

A. No lot shall contain more than one principal building; except that in nonresidential zones, more than one principal building may be permitted, subject to site plan approval.

B. No lot shall contain more than one principal use; except that in nonresidential zones, more than one principal use may be permitted, subject to site plan approval.

C. No building shall contain more than one principal use; except that in nonresidential zones, buildings may contain more than one permitted principal use, subject to site plan approval. Where a request is submitted to use an existing building with more than one permitted principal use, site plan approval shall not be required, provided that there are no proposed additions and compliance with the parking requirements is demonstrated.

D. Existing individual industrial buildings may contain more than one permitted principal use, provided that the minimum floor area for any tenant containing a permitted principal use is 1,500 square feet.

E. Individual industrial buildings may contain more than one principal permitted use, provided that the required amount of off-street parking is provided on site.

[Added 3-23-2010 by Ord. No. 2010-06]

F. The provisions in this section shall not apply to small wind energy systems.

§ 188-75 Public utilities.

A. All public services shall be connected to an approved public utilities system where one exists.

(1) For all major developments the developer shall arrange with the servicing utility for the underground installation of the distribution supply and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners. The developer shall provide the Township with three copies of a final plat showing the installed location of these utilities.

(2) Lots which abut existing overhead electric or telephone distribution supply lines may be supplied with electric and telephone service from those lines, but the service connections shall be installed underground. Should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement or relocation of overhead utilities, such replacement or relocation shall be underground.

[Amended 7-14-1981 by Ord. No. 81-11]

(3) For all developments, the developer shall submit to the approving authority, prior to the granting of final approval, a written instrument from each servicing utility which shall evidence full compliance or intended full compliance with the provisions of this subsection.

B. An installation performed by a servicing utility shall be exempt from the provisions requiring performance guaranties, inspection and certification by the Township Engineer, except as regards approval of facility location within the public right-of-way, backfilling of trenches and related pavement restoration and coordination with other utility improvement. 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, except fire hydrants. On any lot where, by reason of soil conditions, rock formations, wooded area or other special condition of land, the applicant deems it a hardship to comply with the provisions of this section, the applicant may apply to the approving authority for an exception from the terms of this section in accordance with the procedure and provisions of § 188-11, Power to grant exceptions, in Article II. Should overhead lines be permitted as the exception, the alignments and pole locations shall be carefully routed to avoid locations along horizons and avoid clearing swaths through treed areas, by selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the view of the poles and alignments, by following interior locations and similar design and location considerations to lessen the visual impact of overhead lines.

C. Pipelines.

[Added 9-13-2005 by Ord. No. 2005-31; amended 11-9-2005 by Ord. No. 2005-47]

(1) No new building construction or land disturbance shall be permitted within 75 feet of the right-of-way of any distribution, gathering or transmission line as defined in this chapter.

(2) No building or structure, or part thereof, which is used for the manufacturing, processing, generation or storage of corrosive, highly toxic, oxidizing, pyrophoric, water reactive, highly combustible, flammable or explosive materials that constitute a high fire, explosion or health hazard, including loose combustible fibers, dust and unstable material, shall be constructed within 125 feet of the right-of-way of any distribution, gathering or transmission line.

(3) The provisions of this subsection shall not apply to the following:

(a) Any land disturbance or construction involved in the crossing of a pipeline to provide access to a property, when no other reasonable access is permitted, or the crossing of a pipeline is required to provide utility service to the property.

(b) Any work done to any building, land disturbance or construction on a pipeline by or on behalf of the owner or operator of any pipeline.

(4) All development applications shall indicate the following information in addition to any other information required in this chapter or in the Municipal Land Use Law:

(a) Location, size, SMYS, maximum allowable operating pressure, location class (as defined by the United States Department of Transportation, in the State of New Jersey) and operating hoop stress (as a percentage of the SMYS) of all pipelines located upon the subject property, as surveyed by a professional land surveyor licensed in the State of New Jersey.

(b) The location of all on-site pipeline easements and rights-of-way.

(c) The approximate location, based upon approximate field measurements supplied by the respective owner, and the size, maximum allowable operating pressure, location class (as defined by the United States Department of Transportation, in the State of New Jersey) and operating hoop stress (as a percentage of the SMYS) of all off-site pipelines within 75 feet of the subject property.

(d) The approximate location of all off-site pipeline easements and rights-of-way within 75 feet of the subject property, as depicted on Township Tax Maps or other documents accepted by the approving board.

(e) Cross sections and profiles of the pipeline in permitted areas of disturbance within 75 feet of the pipeline, showing existing and proposed conditions and improvements.

(5) The approving Board may permit the encroachment upon the buffer provided for in this subsection upon a demonstration that the service application of this subsection would result in particular and exceptional practical difficulties or undue hardship caused by reason of exceptional narrowness, shallowness or shape of the property, or by reason of exceptional topographic conditions or physical features uniquely affecting a property, or by reason of extraordinary and exceptional situations uniquely affecting a property or the structures lawfully existing thereon.

§ 188-76 Solar energy systems and small wind energy systems.

[Added 7-14-1981 by Ord. No. 81-11; amended 12-26-2007 by Ord. No. 2007-42]

A. Solar energy systems.

(1) It is the purpose of the Township of Hillsborough to promote the utilization of solar energy systems in order to maximize the utilization of a clean, safe and available energy source.

(2) In the review of development applications, the development shall be designed so that the maximum number of buildings shall receive sunlight sufficient for using solar energy systems for space, water or industrial process heating or cooling. Buildings and vegetation shall be sited with respect to each other and the topography of the site so that unobstructed sunlight reaches the south wall or rooftop of the greatest possible number of buildings consistent with other factors of design, environment and site conditions during the optimum sunlight hours.

(3) No activity or use shall be established which shall cause an impairment of the reasonable use of any solar heating system existing at the time of this section, and future activities and uses on any property shall take into consideration the potential location of solar heating systems on adjacent properties.

(4) As a guide to protection of solar access and in the review of development applications, the Planning Board or Board of Adjustment may consider the United States Department of Housing and Urban Development, Office of Policy Development and Research, booklet entitled "Protecting Solar Access for Residential Development, A Guidebook for Planning Officials," as the same may be updated and revised from time to time.

(5) Solar energy systems as permitted accessory buildings, structures or uses:

[Amended 2-26-2019 by Ord. No. 2019-02]

(a) Solar energy systems, as defined herein, using both existing and experimental technologies, are included as permitted accessory buildings, structures or uses in conjunction with residential, commercial and industrial buildings, except that solar energy systems shall be considered a permitted use for all properties containing at least 20 acres that are located in all industrial districts. When not attached to the building or within the building footprint (known as ground-mounted), solar energy systems in conjunction with residential, commercial and industrial buildings must meet all accessory use bulk requirements for the particular zone district in which the property is located, and a minimum fifty-foot landscaped buffer from any property line must be provided. Site plan review is required for any ground-mounted solar energy system in conjunction with a commercial or industrial building. When attached directly to and positioned within the footprint of said structure, only the necessary building permits are required.

(b) Solar energy systems, as defined herein, are included as permitted accessory or principal buildings, structures, or uses on all publicly owned properties. Such projects are otherwise exempt from the provisions of this section, with the exception that a minimum fifty-foot-wide landscaped buffer shall be provided from a ground-mounted system to any property line. The public agency seeking to construct a solar energy system shall refer the plan to the Township Planning Board for review and recommendation pursuant to the terms of the Municipal Land Use Law at N.J.S.A. 40:55D-31.

(6) Solar energy systems, as defined herein, using both existing and experimental technologies, are included as permitted accessory buildings, structures or uses in conjunction with residential, commercial and industrial buildings, except that solar energy systems shall be considered a permitted use for all properties containing at least 20 acres that are located in all industrial districts. When not attached to the building or within the building footprint (known as ground-mounted), solar energy systems in conjunction with residential, commercial and industrial buildings must meet all accessory use bulk requirements for the particular zone district in which the property is located and a minimum fifty-foot landscaped buffer from any property line must be provided. Site plan review is required for any ground-mounted solar energy system in conjunction with a commercial or industrial building. When attached directly to and positioned within the footprint of said structure, only the necessary building permits are required.

[Added 5-14-2013 by 2013-10]

(7) Ground-mounted solar energy systems in conjunction with farms.

[Added 5-14-2013 by 2013-10]

(a) A ground-mounted solar energy system shall be a permitted accessory building, structure or use in conjunction with any farm subject to compliance with the following applicable requirements established by the State Agriculture Development Committee (SADC):

[1] No more than 10 acres of a farm property are permitted to be covered by solar installation.

[2] For every one acre in solar installation, five acres must be in agriculture.

[3] There is a two-megawatt cap for producing power from the solar installation.

[4] A conservation plan must be approved by the Soil Conservation District.

[5] A minimum buffer/setback of 100 feet must be provided from any solar installation to the property line. The required buffer shall consist of one of the following:

[a] Landscaped area at least 10 feet wide, including fencing or walls, as appropriate.

[b] Landscaped berm at least three feet in height.

[6] The maximum solar panel height shall be 20 feet.

[7] The noise generated by a solar installation shall not exceed 40 dBA at any property line.

[8] In addition, for any preserved farm, the solar installation must be sized to meet 110% of the previous calendar year’s energy demand; the solar installation shall occupy no more than 1% of the entire farm and farmland assessment criteria must be met.

(b) Any farm where a ground-mounted solar energy system exceeds the SADC requirements, as provided above, is not permitted. In addition, a minimum one-hundred-foot buffer to any property line shall be provided for all ground-mounted solar energy systems located on any farm. The required buffer shall consist of one of the following:

[1] Landscaped area at least 10 feet wide, including fencing or walls, as appropriate.

[2] Landscaped berm at least three feet in height.

(8) The following applies to all ground-mounted solar energy systems:

[Added 5-14-2013 by 2013-10]

(a) There is no impervious coverage requirement.

(b) A landscape plan is required for the buffer area.

(c) The property owner is responsible for the maintenance of the solar panels in the solar energy system installation, as well as the landscaped areas in conjunction with the solar energy system.

(d) The property owner is required to remove the solar energy system when no longer operational.

(e) Adequate emergency access shall be provided to and within the facility.

(f) Adequate security must be provided around the perimeter of the facility.

B. Small wind energy systems.

[Amended 7-14-2009 by Ord. No. 2009-19]

(1) A small wind energy system shall be permitted in the Mountain Conservation (MZ), Open Space-Cultural Landscape (OS-CL), Corporate Development (CDZ) and Agricultural (AG) Zoning Districts as a principal use and is subject to the following requirements:

(a) Minimum lot size. The minimum lot size for a small wind energy system shall be 10 acres.

(b) Setbacks. A wind tower for a small wind energy system shall be set back from any property lines, easements, or utility lines a distance of 250 feet.

(c) Access.

[1] All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.

[2] The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.

(d) Electrical wires. All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, shall be located underground.

(e) Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration and is subject to Planning Board or Board of Adjustment approval as part of the site plan application.

(f) Appearance, color, and finish. The wind generator and tower shall be painted or finished so as to minimize their visual impact on the surrounding landscape.

(g) Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system visible from any public road shall be prohibited.

(h) Code compliance. A small wind energy system, including tower, shall comply with all applicable construction and electrical codes and the National Electrical Code.

(i) Utility notification and interconnection. Small wind energy systems that connect to the electric utility shall comply with the New Jersey Net Metering and Interconnection Standards for Class I Renewable Energy Systems.

(j) Met towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a small wind energy system.

(k) For wind speeds in the range of zero to 25 miles per hour, the noise level of any small wind energy system shall not exceed 60 dB(A), measured from any property line, or be in excess of five dB(A) above the background noise, whichever is greater, as measured at the closest neighboring inhabited dwelling.

(l) Installation of a small wind energy system is subject to compliance with §§ 188-160 to 188-166 of the Code of the Township of Hillsborough regulating tree removal.

(2) A vertical axis wind turbine (VAWT) using vertical wind turbine technology shall be permitted in all zone districts, subject to the following requirements:

(a) Residential district requirements.

[1] A maximum of one VAWT is permitted per lot.

[2] Building-mounted VAWTs shall not exceed 40 feet in height measured from the base attached to the structure to the highest point on the VAWT.

[3] The maximum tower height for a VAWT shall not exceed 60 feet measured from the base of the tower to the highest point on the VAWT.

[4] A VAWT shall be set back from the property line a distance equal the required setback in the zone in which it is located plus the height of the VAWT as measured from the base to the highest point.

(b) Nonresidential district requirements. Multiple VAWTs are permitted on any nonresidential lot, subject to the following requirements:

[1] Building-mounted VAWTs shall not exceed 40 feet in height measured from the base attached to the structure to the highest point on the VAWT.

[2] Lightpole-mounted VAWTs shall not exceed 25 feet in height measured from grade to the highest point on the VAWT.

[3] The maximum tower height for a VAWT shall not exceed 60 feet measured from the base of the tower to the highest point on the VAWT.

[4] A VAWT shall be set back from the property line a distance equal the required setback in the zone in which it is located plus the height of the VAWT as measured from the base to the highest point.

[5] Every two years, the owner shall submit a structural report to the Building Department attesting to the structural integrity of the wind generator, tower and/or support system.

(c) Streetlight-mounted VAWTs. With the permission of the appropriate utility and the Township, VAWTs may be mounted on streetlights along the public right-of-way at a height not to exceed 40 feet above grade.

(d) Electromagnetic interference.

[1] As part of the required site plan submission, the applicant shall provide sufficient data and documentation from the manufacturer in order to establish that the installation will not cause electromagnetic interference to any abutting property.

[2] If documentation is provided that indicates that the installation is causing electromagnetic interference to any abutting property, the installation shall be deemed a public nuisance, which nuisance shall be corrected within 90 days of receipt of a notice of violation. If the electromagnetic interference cannot be remedied, the installation shall be removed or relocated, as appropriate.

(e) Access.

[1] All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.

[2] A VAWT tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.

(f) Electrical wires. All electrical wires associated with a VAWT, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, shall be located underground.

(g) Lighting. A VAWT shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration and is subject to Planning Board or Board of Adjustment approval as part of the site plan application.

(h) Appearance, color, and finish. In all residential districts, the VAWT shall be painted or finished so as to minimize its visual impact on the surrounding landscape.

(i) Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a VAWT visible from any public road shall be prohibited.

(j) Code compliance. A VAWT, including tower, shall comply with all applicable construction and electrical codes and the National Electrical Code.

(k) Utility notification and interconnection. VAWTs that connect to the electric utility shall comply with the New Jersey Net Metering and Interconnection Standards for Class I Renewable Energy Systems.

(l) For wind speeds in the range of zero to 25 miles per hour, the noise level of any VAWT shall not exceed 60 dB(A), measured from any property line, or be in excess of five dB(A) above the background noise, whichever is greater, as measured at the closest neighboring inhabited dwelling.

(m) Installation of a ground-mounted VAWT tower is subject to compliance with §§ 188-160 to 188-166 of the Code of the Township of Hillsborough regulating tree removal.

(3) Permit requirements.

(a) Site plan approval. Site plan approval from the Planning Board or Board of Adjustment, as appropriate, shall be required for the installation of a small wind energy system or a VAWT.

(b) Documents. The site plan application shall be accompanied by a plot plan which includes the following:

[1] Property lines and physical dimensions of the property;

[2] Location, dimensions, and types of existing structures on the property;

[3] Location of the proposed small wind energy system tower or VAWT;

[4] The right-of-way of any public road that is contiguous with the property;

[5] Any overhead utility lines;

[6] Small wind energy system or VAWT specifications, including manufacturer and model, rotor diameter, tower height, and tower type (freestanding or guyed);

[7] Stamped, engineered tower and tower foundation drawings; and

[8] Noise levels of the proposed wind energy system or VAWT at all property lines and at the closest neighboring inhabited dwelling.

(c) A visual site distance analysis must be submitted, including photos of the subject property, that graphically simulates the appearance of any proposed small wind energy system or VAWT, indicating its view from at least five locations around and within one mile of the proposed tower;

(d) A wildlife habitat assessment report shall be prepared, unless otherwise waived by the Planning Board or Board of Adjustment, as appropriate, either as part of an environmental impact statement or as a separate report that specifically addresses the wildlife habitat affected by the installation of a small wind energy system or VAWT. This report shall address the impacts to existing bird and bat populations by the small wind energy system or VAWT. Additionally, the report shall address the environmental resources of the Sourland Mountain Special Resource Area, the New Jersey Department of Environmental Protection's Landscape Project and impacts to habitats ranked 3, 4, or 5 that indicate the presence of threatened or endangered species, including consideration for reducing or mitigating the effect of the small wind energy system or VAWT on the wildlife resources of the Township.

(e) Efforts to reduce or minimize these impacts may include the reduction or elimination of guy wires, the use of special installation techniques to reduce or eliminate forest fragmentation and the use of new or innovative techniques.

(f) Expiration. A permit issued pursuant to this section shall expire if:

[1] The small wind energy system or VAWT is not installed and functioning within 24 months from the date the permit is issued; or

[2] The small wind energy system or VAWT is out of service or otherwise unused for a continuous twelve-month period.

(4) Abandonment.

(a) A small wind energy system or VAWT that is out of service for a continuous eighteen-month period will be deemed to have been presumptively abandoned. The Zoning Officer may issue a notice of abandonment to the owner of a small wind energy system or VAWT that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days from the notice receipt date. The Zoning Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the small wind energy system or VAWT has not been abandoned. In the event that the Zoning Officer, after investigation, determines that a small wind energy system or VAWT has been abandoned, the Zoning Officer may issue a notice of abandonment during the presumptive twelve-month period, and the owner shall have the right to respond to the notice of abandonment.

(b) If the small wind energy system or VAWT is determined to be abandoned, the owner of a small wind energy system or VAWT shall remove the wind generator from the tower and wind generator at the owner's sole expense within three months of receipt of the notice of abandonment. If the owner fails to remove the tower and wind generator or the VAWT installation, the Zoning Officer may, at the option of the Township Committee, have the tower and wind generator or VAWT installation removed at the owner's expense and impose a lien on the property pursuant to § 132-8 of the Code of the Township of Hillsborough.

C. Violations. It is unlawful for any person to construct, install, or operate a small wind energy system or solar energy systems that is not in compliance with this section or with any condition contained in a building permit issued pursuant to this section. Solar energy systems and small wind energy systems installed prior to the adoption of this section are exempt.

D. Severability. The provisions of this section are severable, and the invalidity of any section, subdivision, paragraph, or other part of this section shall not affect the validity or effectiveness of the remainder of the section.

§ 188-77 Service stations.

The following provisions shall apply to service stations:

A. All storage areas, trash facilities, pits, lifts and working areas shall be within a building. All lubrication, repair or similar activities shall be performed in an enclosed building, and no dismantled parts shall be placed outside. All structures, gasoline pumps, air pumps and the islands upon which pumps are normally located shall be set back from all street and property lines at least 60 feet. A minimum of 25 feet shall exist between any two islands and between any island and the service station building.

B. No junked motor vehicle or parts thereof and no unregistered unlicensed motor vehicle shall be stored on the premises of any service station. Not more than six motor vehicles may be located on the premises outside a building for a period not to exceed five days, provided that the owners are awaiting the repair of said motor vehicles. All vehicles stored overnight on the premises shall be screened from public and residential view.

C. The exterior display and parking of equipment for rental or sale purposes shall be permitted, provided that the area devoted to this purpose does not exceed 20% of the lot area; the maximum sign area for a service station is not exceeded and the location of the rental and sales area does not interfere with the required off-street parking and traffic circulation required for the service station.

D. It is intended that service stations be designed compatibly with other permitted commercial and industrial uses in the zone in which they are located, that they not be stripped along the available highway frontage or at each quadrant of a convenient intersection and that they be located within shopping centers and in office and industrial complexes as an integral part of the overall design. Ingress and egress shall recognize the turning movements generated. The access points shall be coordinated with the access points required for the nearby uses and the frequency of intersecting side streets, minimizing left turns off collector and arterial streets and maintaining building setbacks compatible with the required setbacks and landscaping.

E. Floor drains shall not be connected to the sanitary sewer system. A separate grease separation unit shall be installed. All waste fuel, oil and grease storage shall be underground.

[Amended 7-14-1981 by Ord. No. 81-11]

F. The nearest boundary line of the lot or parcel of land so to be used must be at least 500 feet, measured in a straight line, from any boundary line of property which is used as or upon which is erected:

(1) A public or private school or playground.

(2) A church or other place of worship.

(3) A hospital.

(4) A public library, public art museum, civic center or other public building.

(5) A theater or other building or structure used or intended to be used for motion pictures, theatrical or operatic productions or for public entertainment.

(6) A firehouse or fire station.

G. No new service station which dispenses gasoline fuel shall be located within 2,500 feet of an existing service station which also dispenses gasoline fuel, measured along any street or public right-of-way; provided, however, that where there is a center barrier, the distance of 2,500 feet shall be measured on the same side of the street.

[Amended 7-14-1981 by Ord. No. 81-11]

§ 188-78 Freestanding restaurants, bars and nightclubs.

[Added 6-10-1986 by Ord. No. 86-6]

Freestanding restaurants, bars and nightclubs shall be regulated as follows:

A. There shall be no outdoor public address system.

B. Restaurants with drive-in windows may be permitted, provided that the drive-in window does not interfere with the safe use of required parking spaces and required drives, interior pedestrian circulation or the access driveway from any public street. For each drive-in window in existence, there shall be an adequate stacking area at least 200 feet in length which is clearly segregated from and will not interfere with the street access driveway or interior vehicular drive.

C. Where a residential zone or dwellings abut a fast-food or a drive-in restaurant, additional screening and buffering shall be required. A special program for controlling litter shall be developed and implemented by the applicant as approved by the Planning Board including the installation of public interest signs for litter control purposes. In addition, the service delivery area shall be designed so as to minimize impact on residential areas or zones. In no case shall the proposal be designed so that a negative impact will affect adjacent residential areas.

D. Tractor trailers and trucks in excess of three tons shall be prohibited from parking on the site unless a specifically designed parking area is designed and constructed to accommodate larger trucks. The area shall be completely screened from public view and shall be constructed in accordance with Township standards.

E. The building structure and architecture shall be consistent with the general area in the vicinity of the project. Unusual or unconventional designs which would not be in harmony with the larger neighborhood area are not permitted.

F. Outdoor cafes.

[Added 5-22-2007 by Ord. No. 2007-16; amended 6-12-2007 by Ord. No. 2007-26]

(1) Purpose. The purpose of this section is to establish a procedure and authorize rules and regulations for outdoor cafes in conjunction with restaurants which adjoin sidewalks.

(2) Definition:

OUTDOOR CAFE

Any eating establishment where food and other refreshments are served on a sidewalk area immediately adjoining any restaurant, cafe or place of business where food and/or other refreshments are served. Said outdoor cafe shall be considered as part of the building structure and shall be limited in use to table service only for patrons of the eating establishment.

(3) Zoning permit required. It shall be unlawful for any person, firm, partnership, corporation, association or organization (hereinafter collectively referred to as "person" or "applicant") to create, establish, operate, maintain or otherwise be engaged in the business of conducting an outdoor cafe upon the sidewalks of the Township of Hillsborough, unless such person shall hold a currently valid zoning permit issued pursuant to the terms of this section.

(4) Alcoholic beverages. Consumption of alcohol in open containers at an outdoor cafe by patrons shall not be considered in violation of local ordinances prohibiting the consumption of such beverages in containers. The sidewalk area upon which a cafe has been authorized to operate pursuant to this section may constitute a duly licensed premises for the consumption of alcoholic beverages; provided, however, that the related restaurant of which the cafe is a part and an extension of is so licensed, and provided, further, however, that specific approval has been obtained from the Hillsborough Police Department and/or the New Jersey Board of Alcohol Beverage Control, as appropriate, for the extension of the alcoholic beverage consumption license to the sidewalk area. Such approval shall be separate from and must be obtained in addition to the zoning permit in order to operate a sidewalk cafe pursuant to this section. Retail food establishments which do not have a license to sell or serve alcoholic beverages within their premises shall not be permitted to allow patrons to carry onto or consume alcoholic beverages on any sidewalk area permitted as a cafe.

(5) General eligibility standards. No zoning permit shall be issued for an outdoor cafe unless the applicant shall demonstrate that a minimum of four feet of unobstructed sidewalk surface or delineated paved surface adjacent to the premises will be available for pedestrian traffic around or through such outdoor cafe, except where the sidewalk is isolated and not connected to a pedestrian walkway. No food or drinks served at such outdoor cafe shall be prepared or stored other than in the interior of the eating establishment. To the extent practicable, the outdoor cafe shall be confined to an area directly in front of the building facade containing the existing eating establishment; however, an exception may be made where the applicant can demonstrate that sufficient space exists in another location adjoining the premises.

(6) Application for a zoning permit. Application for a zoning permit is required to be made to the Township Zoning Officer by the applicant. The application shall be accompanied by a proposed layout plan clearly illustrating the number and location of all tables, chairs, umbrellas, garbage receptacles and other necessary furniture, as well as a separation barrier from the sidewalk area. The layout plan shall also illustrate the following:

(a) The location of any doors leading from the eating establishment to the outdoor cafe. No such doors may be obstructed in any manner.

(b) The number of feet permitting free passage of pedestrian traffic around or through the outdoor cafe.

(7) Zoning permit process. The Zoning Officer will review the application for completeness and compliance with the terms of this section. If the application is complete, the Zoning Officer will act upon the same within 10 business days after the date of completeness. If the application is not complete, the Zoning Officer will notify the applicant within 10 business days of the submission and specifically detail the areas in which the application lacks compliance with the requirements of this section. If the application complies with this section, the Zoning Officer shall issue a zoning permit subject to the terms and conditions of this section.

(8) Restriction on transfer. The zoning permit is personal to the applicant and any change or transfer of ownership of the outdoor cafe shall terminate the zoning permit and require a new application and a new zoning permit to be issued.

(9) Consent to inspections. Acceptance of the zoning permit by the applicant shall serve as a consent to the health, fire, police and building officials of the Township to inspect the outdoor cafe for continued compliance with the terms and conditions of this section and any federal, state, county or local law, ordinance or regulations affecting the same.

(10) Indemnification agreement and insurance requirements. No zoning permit required by this section shall be granted to any person to operate an outdoor cafe located on any public property or right-of-way until such person shall have filed with the Zoning Officer a statement agreeing to indemnify and hold harmless the Township of Hillsborough, its agents, representatives or employees from any claims, damages, judgment costs or expenses, including attorneys' fees, which they or any of them may incur or be required to pay because of any personal injury, including death, or property damage suffered by any person or persons as a result of or related in any way to the operation and maintenance of the outdoor cafe for which the zoning permit was issued. Said indemnification agreement shall be in a form acceptable to the Township attorney. In addition, a certificate of insurance must be submitted by the operators of any sidewalk cafe which must include the following: Hillsborough Township must be named as the "additional named insured" under comprehensive general liability coverage with limits of $1,000,000 per occurrence/$2,000,000 annual congregate limit. It is understood that the insurance for the cafe operator is primary and noncontributory. Further, Hillsborough Township must be given sixty-day notice in the event of cancellation or nonrenewal.

(11) Responsibilities of person receiving the zoning permit.

(a) Each person receiving a zoning permit is responsible for keeping the area of the outdoor cafe and the adjacent area, including walkways and parking areas, free and clear of any litter or debris occasioned by the cafe. Areas must be cleaned as needed, at the time the business is closed and the beginning of each day, but not later than 9:00 a.m.

(b) No vending machines of any kind are permitted on the exterior of any building operating an outdoor cafe.

(c) Any signs relating to the outdoor cafe or eating establishment must comply with § 188-83 of the Hillsborough Development Regulations Ordinance.

(d) Within 30 minutes after closing the outdoor cafe, the operator shall have all furniture, apparatus, decoration and appurtenances and any other items used in connection with the operation of such outdoor cafe removed from the sidewalk unless it is demonstrated at the time of filing the permit application that all such items can be otherwise adequately secured. All such materials shall be stored in a safe and secure interior location.

(12) Restrictions on use.

(a) No tables, chairs, or other equipment used in conjunction with the outdoor cafe shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk or property of the Township within or near the area that is permitted to be used as an outdoor cafe.

(b) Any umbrellas or awning used in connection with an outdoor cafe shall provide a minimum clearance of seven feet from its lowest point to the sidewalk grade.

(13) Violations and penalties. Any person who shall violate any of the provisions of this section shall, upon conviction, be punished by a fine not to exceed $500 or by imprisonment in the county jail for a period not to exceed 30 days, or by both such fine and imprisonment, and each violation of any of the provisions of this section and each day there is a violation thereof shall be deemed and taken to be a separate and distinct offense.

§ 188-79 Sewerage facilities.

A. If a sewage treatment and collection system is accessible, the developer shall construct sewerage facilities within the development to transport all sewage from each lot and the total development to said collection and treatment system. Where a treatment and/or distribution system is part of an adopted capital improvements program and said system will be accessible to the proposed development within a reasonable time, the developer shall install dry sewers designed to tie into the proposed system.

B. Any treatment plant and collection system, including individual on-lot septic systems, shall be designed in accordance with the requirements of state and Township ordinances and standards.

C. If sewage treatment is to be by an on-lot system, § 188-30B(16) shall be complied with.

[Added 7-14-1981 by Ord. No. 81-11]

§ 188-80 Shade trees.

[Amended 7-14-1981 by Ord. No. 81-11]

Shade trees shall be planted by the developer where required. Shade trees shall have a minimum caliper of four inches as measured one foot above the ground and shall be of a species approved by the planning authority. Trees shall be planted between 25 and 40 feet apart, at a distance from the curbline, as approved by the approving authority. Trees shall be balled and burlapped, certified nursery grown, free from insects and disease and true to species and variety. Stripping trees or filling around trees shall not be permitted unless it can be shown that construction 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 with adjacent lots. Dead or dying trees shall be replaced by the subdivider during the next recommended planting season. There shall be a minimum of three shade trees per lot in the front yard.

§ 188-81 Sidewalks.

Sidewalks along all streets are not required, but they shall be installed at the direction of the approving authority in those locations along streets and/or in other areas where the probable volume of pedestrian traffic, the development's location in relation to other populated areas and high vehicular traffic, pedestrian access to bus stops, schools, parks and other public places and the general type of improvement intended indicate the advisability of providing a pedestrianway. Where required, sidewalks shall be at least four feet wide and located as approved by the approving authority. Sidewalks shall be concrete and shall be constructed in accordance with the Standard Details and Design Criteria of the Township's Engineering Department.

§ 188-82 Sight triangles.

Sight triangles shall be required at each quadrant of an intersection of streets, and 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 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 30 inches above the center-line grade of either intersecting street or driveway or lower than eight feet above their center lines, including utility poles but excluding street name signs and official traffic regulation signs. Where any street or driveway intersection 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 lines and a straight line which connects sight points located on each of the two intersecting street lines the following distances away from the intersecting street lines: arterial streets at 130 feet; collector streets at 60 feet; and primary and secondary local streets at 35 feet. Where the intersecting streets are both arterial, both collectors, or one arterial and one collector, two overlapping sight triangles shall be required formed by connecting the sight points noted above with a sight point 35 feet on the intersecting street. Any proposed development requiring site plan approval shall provide sight triangle easements at each driveway with the driveway classified as a local street for purposes of establishing distances. 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 Township Development Regulations 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.[1]

[1] Editor's Note: See also the diagram of sight triangle easements at the end of this chapter.

§ 188-83 Sign design standards and criteria.

[Amended 7-14-1981 by Ord. No. 81-11; 12-8-1992 by Ord. No. 92-21; 5-11-1999 by Ord. No. 99-11; 10-12-1999 by Ord. No. 99-47; 8-9-2000 by Ord. No. 2000-24; 3-13-2007 by Ord. No. 2007-07]

A. Purpose.

(1) To preserve and protect the public health, safety and welfare of the citizens of Hillsborough Township.

(2) To balance public and private objectives by allowing adequate signage for business and nonbusiness identification.

(3) To promote the free flow of traffic and to protect pedestrians and motorists from injury and property damage caused by or which may be partially attributable to cluttered, distracting, and/or illegible signage.

(4) To prevent property damage and personal injury from signs which are improperly constructed or poorly maintained.

(5) To promote the use of signs which are aesthetically pleasing, of appropriate scale and integrated with the surrounding buildings and landscape, in order to meet the community's expressed desire for quality development.

(6) To protect property values, the local economy and the quality of life by preserving and enhancing the appearance of the streetscape, which affects the image of the Township of Hillsborough.

(7) To reflect and support the desired character patterns of the various zones and staying consistent with the Master Plan strategy.

(8) To allow for a variety in number and type of signs in commercial and industrial zones while preventing signs from dominating the visual appearance of the area.

(9) To ensure that the constitutionally guaranteed right of free speech is protected.

(10) To promote identification of the presence and location of specific businesses, public buildings and landmarks through wayfinding signage.

B. Applicability.

(1) A sign may be erected, placed, established, painted, created or maintained in the Township only in conformance with the standards, procedures, exemptions and other requirements of this section.

(2) The effect of this section as more specifically set forth herein is to:

(a) Provide a complete listing of section definitions to eliminate any question as to the meaning of words used.

(b) Provide general regulations for all signs and a listing of specifically prohibited signs.

(c) Provide a listing of signs and appropriate standards for permanent and temporary signs permitted in all areas of the Township.

(d) Provide specific sign standards for permitted uses in all zones.

(e) Provide Township sign design criteria as a basis for sign design by both the sign applicant and the approving authority.

(f) Provide for the equitable removal of nonconforming signs.

(g) Provide specific provisions for sign review, sign permit procedure and section enforcement.

(3) The sign regulations for the Town Center (TC), Gateway A (GA) and Gateway B (GB) Districts shall be referenced in the following sections:

[Added 9-9-2008 by Ord. No. 2008-28]

(a) GA District: refer to § 113.1H.

(b) GB District: refer to § 113.2H.

(c) TC District: refer to § 113.5J.

C. Definitions. Words and phrases used in this section shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in the Development Regulations (Zoning) Ordinance shall be given the meanings set forth in such chapter. Principles for computing sign area and sign height are contained in Subsection D. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this section.

ADMINISTRATIVE AUTHORITY

The Zoning Officer.

ANCHOR STORE/TENANT

The major store or stores within a shopping center.

APPROVING AUTHORITY

The Planning Board or Zoning Board of Adjustment of Hillsborough Township.

AWNING

A rooflike cover that is temporary or portable in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements and may periodically be retracted into the face of the building.

BENCH SIGN

A sign located on or attached to any part of the surface of a bench, seat or chair placed on or adjacent to a public roadway.

CANOPY

A permanent roofed shelter projecting over a sidewalk, driveway, entry, window or similar area, which shelter may be wholly supported by a building or may be wholly or partially supported by columns, poles or braces extending from the ground.

DESIGN ENHANCEMENT FEATURE

Any portion of a sign structure intended to improve the physical appearance of a sign, including roofs, molding, railroad ties, lattice and other decorative features.

DEVELOPMENT SIGN

A sign located on a construction site for new major site plan or subdivision development and intended for identifying the development name and use, developer and associates in the project, and development contractors.

DIRECTORY-OF-OCCUPANTS SIGN

A sign or plate listing the tenants or occupants of a building or buildings and which may indicate their respective professions or business activities. Also includes "directory sign."

FACADE

The total wall surface, including door and window area, of a building's principal face.

FLAG

Any fabric banner or bunting containing distinctive colors, patterns or symbols used as symbol of a government, political subdivision, patriotic or civic organization, school, business enterprise or other entity.

FREESTANDING SIGN

A self-supporting sign that is not attached to any building, wall or fence or any other structure, but is in a fixed position and location. This type of sign includes ground sign, monument sign, pylon sign and pole sign.

FUEL PUMP CANOPY SIGN

Any sign attached to, painted upon or erected against the facade of a gas station fuel pump canopy structure.

GRAND OPENING

The initial opening of a new business after closure for renovation, after change of ownership, or in a new location.

GROUND FLOOR FACADE

The total wall surface of the first floor of a building's principal face, which is used to compute the permitted area for wall signs.

GROUND SIGN

A type of freestanding sign in which the entire bottom is in contact with or close to the ground.

ILLUMINATED SIGN

A sign lighted by an exterior or interior artificial light source.

IMPROVEMENT CONTRACTOR SIGN

A sign, located on a lot where site improvement and/or building renovations or improvements are taking place, identifying the contractor or contractors undertaking the work in progress.

INFLATABLE SIGN

Any inflated display used on a permanent or temporary basis to advertise a product or event. "Inflatable signs" shall include all manner of balloons used for any display purpose.

LANDMARK SIGN

An older sign of artistic or historic merit or uniqueness or of special significance to the Township as identified by the Planning Board after a favorable recommendation from the Hillsborough Township Historic Preservation Commission.

LIVE ACTION SIGN

Any display that uses three-dimensional figures in the shape of animals, humans or cartoon or other characters, which may or may not move, in whole or in part, for advertising purposes.

MARQUEE SIGN

A sign designed so that characters, letters, illustrations or other graphics may be changed or rearranged without altering the background face or surface and designed for permanent display. This term includes reader board sign.

MOVING SIGN

A sign or part of a sign, other than a flag, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation or which uses flashing or sequential lights, lighting elements, or other automated methods of changing the sign image or text. This term includes flashing sign, animated sign and rotating sign.

NAKED LIGHT DISPLAY

Unshielded lights used individually or in strings to attract the attention of the general public.

OFF-PREMISES 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. This term includes billboard sign.

POLE SIGN

A freestanding sign that is mounted on one or more poles for support so that the bottom edge of the sign face is above grade and not in contact with or close to the ground.

PORTABLE SIGN

A sign which is designed or intended to be moved easily that is not permanently imbedded in the ground or affixed to a building or other structure, including any sign that rests upon the ground, a frame, building or other structure. This term includes, but is not limited to, trailer signs (with or without wheels), menu and sandwich boards, hot air or gas-filled balloons or umbrellas used for advertising, signs mounted on a vehicle for advertising purposes where the vehicle is parked and visible from the public right-of-way (see "vehicle advertising sign"), sidewalk or curb signs and A-frame signs.

REAL ESTATE SIGN

A sign which is used to advertise any real property for sale, lease or rental purposes, including all temporary signs located on the property of a real estate office and off-site directional signs used for open house advertising.

RESIDENCE DESIGNATION SIGN

A sign or nameplate indicating the name and/or address of the occupants of a residential property.

ROOF SIGN

A sign erected above or on the roof of a building, any part of which extends more than six inches above the facade of a building.

SEARCHLIGHT DISPLAY

Any use of lighting intended to attract the general public by the waving or moving of light beams.

SIGN

Any structure or part thereof or device attached thereto or painted on or displayed in any manner or represented thereon which is intended to attract the attention of the public and is visible at the public right-of-way and to other properties and which displays or includes any letter, word, model, banner, flag, pennant, insignia, symbol, device or representation used as, or which is in the nature of, an identification, announcement, direction or advertisement.

SIGN SUPPORT

Any portion of a sign structure designed to elevate, suspend, anchor, brace or hold up a sign or design enhancement feature.

TEMPORARY SIGN

Any sign that is used only temporarily and is not permanently mounted.

VEHICLE ADVERTISING SIGN

A portable sign affixed to or inside a vehicle for the purpose of directing people to a business in close proximity to where the vehicle is parked.

WALL SIGN

Any sign attached to, painted upon or erected against the wall or facade of a building or structure and not extending more than six inches from the building face or facade of the structure.

WAYFINDING SIGN

An off-site sign erected along a public right-of-way which provides identification of a specific business, public building or landmark.

WINDOW AND DOOR SIGN

A sign maintained in or painted upon a window or door which is clearly visible to the general public from any area open to the public.

D. Sign computation.

(1) Measurement of area of a sign face. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, backing or decorative fence or wall when such fence or wall otherwise meets Zoning Ordinance regulations and is clearly incidental to the display itself.

(2) Measurement of area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 48 inches apart, the sign area shall be computed by the measurement of one of the faces.

(3) Measurement of height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the existing grade at the absence of construction on the site or the final finished grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower.

(4) Computation of area of sign supports. The area of all sign support and enhancement features shall be considered the product of the maximum horizontal and vertical measurement of the total sign structure minus the sum of the sign area and any air space located between the sign and the support and design enhancement sign features.

E. Restrictions for all signs.

(1) No sign shall be altered, erected or maintained except in conformity with the provisions of this section.

(2) No sign shall be placed in such a position that it will cause confusion or danger to street traffic by obscuring vision or by simulating official, directional or warning signs maintained by any governmental agency, railroad or public utility. No such sign visible from a public right-of-way shall use an arrow device or simulate a stop sign or stop light. No sign shall be placed in any required sight triangle easement unless specifically permitted by the approving authority or this section.

(3) Signs advertising a use no longer in existence or a product no longer available shall be removed or sign content obscured within 30 days from the date a use is discontinued or a product is no longer available. Violation of this section is subject to fine plus the cost of removal. Exceptions may be granted by the Planning Board for landmark signs which may be preserved even if they no longer pertain to the present use of the premises.

(4) Buildings or structures may not be outlined by tubing or strings of lights for advertising purposes, except that all buildings shall be permitted strings of lights (moving or fixed) displays from Thanksgiving Day to January 15 of the following year.

(5) All signs, other than permitted temporary signs, shall be constructed of durable materials and shall be adequately maintained. All cracked, warped or broken members of a sign shall be replaced. Deteriorated surfaces which evidence rusting, flaking or cracking shall be replaced or repaired. All broken or cracked panels shall be replaced. Any sign which fails to meet the maintenance provisions of this section shall be repaired or removed within 30 days of receipt of written notification from the Zoning Officer.

F. Prohibited signs. Unless specifically permitted by the approving authority or this section, the following signs are prohibited:

(1) Signs not accessory to the business or use conducted on the property, except as provided in Subsection H(5).

(2) Bench signs, roof signs, naked light displays, vehicle advertising signs not located out of sight from public view where possible, rotating signs, live action signs, flashing signs and animated or moving signs of any kind and signs containing reflective elements which sparkle or twinkle in the sunlight.

(3) Commercial billboards, portable signs, including sidewalk signs, A-frame signs and off-premises commercial signs unless otherwise permitted in this section.

[Amended 9-9-2008 by Ord. No. 2008-28]

(4) Banners, spinners, flags, pennants, streamers and other moving objects and inflatable signs used for advertising purposes, whether containing a message or not, except as provided in Subsection J(9).

(5) Searchlight displays, unless authorized by a temporary sign permit as part of a grand opening promotion.

(6) Signs erected within or over the right-of-way of any public street, except as provided in Subsection G(13).

[Amended 9-9-2008 by Ord. No. 2008-28]

(7) Any sign not specifically permitted by this section.

G. Signs permitted in all areas. The following types of signs are permitted in all areas of the Township:

(1) Official notices, legal notices and signs required by law.

(2) Public service signs as aids to safety or service and standard traffic directional signs.

(3) Flags, emblems or other insignia of a nation, state, county, municipality, school or religious group, provided that no more than one flag, emblem or insignia shall be permitted for each governmental entity, school or religious group and that no such individual display exceeds 24 square feet in area. No more than three flags or similar displays shall be permitted for each lot. Pole-mounted flags shall not exceed a height of 18 feet, except on government-owned property where the height shall not exceed 40 feet.

(4) A single wall sign for a recognized nonprofit service organization, such as the Red Cross, Salvation Army, YMCA, Boy Scouts and Girl Scouts. Such sign shall not exceed 10% of the area of the first floor facade upon which the sign is erected, not to exceed 20 square feet in area.

(5) A single ground sign for public and semipublic facilities, such as schools, churches, hospitals, libraries and public recreation facilities. Such sign shall not exceed 40 square feet in area or 15 feet in height.

[Amended 9-9-2008 by Ord. No. 2008-28]

(6) Residence designation signs and landmark signs or historic plaques not exceeding two square feet in area per residence.

(7) Nonilluminated mailbox designation signs not exceeding a total of one square foot in area per mailbox.

(8) Signs indicating the private nature of a road, driveway or other premises and signs controlling the use of private property, such as prohibition of hunting or fishing. Such signs shall not exceed two square feet in area.

(9) A single wall sign indicating a permitted home occupation or home professional office, not exceeding two square feet in area. Alternatively, such signs may be attached to a mailbox and, if so used, the total mailbox sign area shall not exceed two square feet in area.

(10) A single ground sign for private clubs and private recreational facilities. Such a sign shall not exceed four feet in height nor six square feet in area.

(11) Multifamily residential developments may have a single ground sign at each entry location from a public street. Such a sign shall not exceed four feet in height nor 12 square feet in area. All signs shall be located on common property and shall meet all setback and site easement criteria.

(12) Signs directing and guiding traffic and parking on private property, provided that such signs contain no advertising matter or messages other than a logo. Such signs may be internally illuminated and shall each not exceed two square feet in area. Logos, if included, shall not exceed 1/3 of each sign area.

(13) Wayfinding directional signs may be located along any public right-of-way, subject to initial approval by the Sign Review Committee (see Subsection P), Planning Board or Board of Adjustment, as appropriate, and final approval by the Township Committee, Somerset County or the State of New Jersey depending on the ownership of the particular right-of-way, as appropriate. The Township shall establish final determination as to the location, design, height, color and all other aspects associated with wayfinding signs. Wayfinding signs shall not exceed four square feet on each of up to two sign faces and must be attached to a pole in a secure manner. The sign design must be coordinated with other wayfinding signs. Wayfinding signs may only contain a text or logo and directional arrow(s) indicating the location of a building or particular group of buildings. Except for municipal buildings and municipal facilities, a total of two wayfinding signs per establishment may be located in the Township.

[Amended 9-9-2008 by Ord. No. 2008-28]

H. Permitted temporary signs. The following temporary signs are permitted in all areas. In no case shall a temporary sign block, be attached to, or obstruct any traffic directional, or public safety signage. Temporary signs shall not be illuminated.

(1) Real estate signs advertising the sale or rental of the premises or property upon which they are located. Such signs shall be removed within 14 days of the completion of sale or rental transaction and shall be restricted in size and number as follows:

(a) Residential properties shall be permitted one real estate sign not more than four square feet in area, except that a corner property or through lot may display one such sign on each street frontage.

(b) Nonresidential uses or undeveloped nonresidential property shall be permitted one real estate sign, not more than 16 square feet in area, for each road frontage. Signs shall not exceed six feet in height.

(c) All real estate advertising signs shall be located on the property being advertised and be located not less than 10 feet from any street curb or paved roadway area and shall not be located within any sight triangle, except as provided for in Subsection H(1)(d) below.

[Amended 9-9-2008 by Ord. No. 2008-28]

(d) Temporary real estate “open house” signs may be displayed on the day of the open house between the hours of 11:00 a.m. to 6:00 p.m. These signs may be located in the public right-of-way but not on any street, sidewalk or sight triangle.

[Added 9-9-2008 by Ord. No. 2008-28]

(2) Signs announcing or advertising any political, educational, charitable, civic, religious or like public or semipublic campaign or event shall be subject to the following provisions:

(a) Signs associated with any political campaign shall be permitted in all zone districts and shall not exceed 12 square feet in area and shall not be located within a designated sight triangle. Such signs are not permitted to be displayed for more than 30 days during an election period and shall be removed within 10 days of the conclusion of the campaign.

(b) Signs associated with any educational, charitable, civic, religious or like public or semipublic event shall be permitted in all zone districts, shall not exceed 12 square feet in area and shall not be located within a designated sight triangle. Such signs are not permitted to be displayed for more than 15 days and must be removed within 10 days after the conclusion of the event.

[Amended 9-9-2008 by Ord. No. 2008-28]

(c) The prohibition on off-premises signs does not apply to temporary political campaign signs located on private property.

(3) Temporary development signs not exceeding 16 square feet and six feet in height are permitted on construction sites for the duration of the construction period and shall be removed prior to project acceptance for that phase of construction or prior to issue of a permanent certificate of occupancy if located on a private lot. Not more than one sign shall be located on each street frontage.

(4) Improvement contractor signs are permitted on lots where site and/or building renovations or improvements are taking place. They shall not exceed four feet in height nor six square feet in area. They shall be removed within four days after completion of the site or building renovation or improvement work. Only one such sign per contractor shall be permitted for each lot.

(5) Farmers' signs advertising the sale of farm products produced within the Township:

(a) A farm which qualifies as a commercial farm under the Right to Farm Act may place a sign on site to advertise the sale of farm products. Signs shall not exceed 20 square feet and shall not be illuminated.

(b) A qualified commercial farm may place off-site signs to provide advertising and directions at street intersections within the Township. Signs shall not exceed six square feet and shall not be illuminated. Signs must be removed within seven days of the conclusion of the sale event.

(c) Signs shall conform to agricultural management practices specified by the State Agricultural Development Committee (SADC).

(6) Temporary signs may be permitted for grand openings upon application to the Zoning Officer and payment of the applicable fee. No single establishment shall be permitted more than one grand opening sign. Signs must be placed on the subject property for a period not to exceed 30 days and may be either secured to the ground or securely attached to the establishment. A sign attached to the establishment may be a banner. Grand opening signs shall not exceed 24 square feet in area.

[Amended 9-9-2008 by Ord. No. 2008-28]

(7) Flags and buntings exhibited to commemorate Township-recognized national patriotic holidays or events.

(8) Except where a freestanding sign is provided pursuant to §§ 188-83J(5)(d) and 188-83 K(4)(e), two temporary business advertising signs are permitted per establishment per calendar year upon application for a temporary sign permit and payment of the application fee in order to provide temporary or seasonal advertising for that establishment, provided that:

[Added 9-9-2008 by Ord. No. 2008-28]

(a) The temporary sign shall not exceed four square feet in area and four feet in height.

(b) The temporary sign shall be affixed to the ground on the subject property of the establishment requesting the sign.

(c) The temporary sign shall not be located on a public sidewalk, in a public right-of-way, easement or sight triangle.

(d) The temporary sign shall not be illuminated.

(e) The temporary sign must be removed 30 days after the temporary sign permit is issued by the Township.

(f) The temporary sign permit must be accompanied by written authorization by the property owner if other than the applicant.

(g) No temporary sign shall be affixed to any tree, utility pole or other sign.

(h) No temporary sign shall utilize neon, moving parts, electronic or digital displays or changing message board, or any streamers or banner, except for banners permitted as part of grand openings pursuant to Subsection H(6).

(9) Sidewalk and A-frame signs are permitted on or directly adjacent to a sidewalk or walkway in any commercial development, but shall not be placed in any public right-of-way or sight triangle or impede vehicular or pedestrian traffic in any way. Such signs shall not exceed eight square feet per sign face or two feet in width.

[Added 9-9-2008 by Ord. No. 2008-28]

I. Signs permitted in home occupation office zones. In Home Occupation Office (HOO) Zone Districts, the following provisions shall apply:

(1) Applicable temporary signs, except for window signs, as authorized in Subsection H of this section, are permitted.

(2) Signs permitted in all areas of the Township, as applicable, and as authorized in Subsection G of this section, are permitted.

(3) The location of signage shall not cover or obscure architectural elements, details, or otherwise detract from the overall design of a building.

(4) Each proprietor shall be entitled to the use of a projecting or hanging sign or freestanding or wall sign. Projecting or hanging signs shall be building-mounted with a vertical clearance of not less than eight feet, shall not exceed six square feet and may be double-sided. Freestanding signs shall not exceed 24 square feet or five feet in height. Appropriate landscaping shall be incorporated into any freestanding sign. Wall signs shall not exceed 10 square feet or five feet in height.

[Amended 9-9-2008 by Ord. No. 2008-28]

(5) Sign lighting. Internally lit or backlit signage is not permitted. All attached signage shall be indirectly lit preferably with incandescent spotlighting. All projecting hanging signs may be lit in a similar fashion. Internally illuminated white plastic signboards and internally illuminated vinyl awnings are prohibited. Freestanding signs shall not be illuminated.

J. Signs permitted in retail commercial zones. In Retail Commercial (C-1), Professional/Retail (P/R) and Office Light Commercial (OLC) Zone Districts, and in community shopping centers and neighborhood convenience centers authorized as part of a planned development, the following provisions shall apply:

[Amended 6-12-2007 by Ord. No. 2007-21]

(1) Temporary signs, as applicable, and as authorized in Subsection H of this section, are permitted.

(2) Signs permitted in all areas of the Township, as applicable, and as authorized in Subsection G of this section, are permitted.

(3) Wall, canopy and awning signs.

(a) Each permitted use may have one wall sign, provided that the sign shall not exceed an area equal to 10% of the area of the ground floor facade or 40 square feet, whichever is less.

[Amended 11-22-2011 by Ord. No. 2011-23]

(b) Each permitted use within an approved center may have one wall sign, provided that all tenant signs are of the same type of construction, letter font and color and have a maximum letter height of 36 inches.

(c) Corner uses may have a second wall sign, provided that such sign is located on the secondary street facade and does not exceed an area equal to 1/2 of the area of the primary street facade wall sign or 20 square feet, whichever is less.

[Amended 11-22-2011 by Ord. No. 2011-23]

(d) Each permitted use may have one canopy or awning sign; however, such signs shall not exceed an area equal to 10% of the area of the ground floor facade or 30 square feet, whichever is less, and such signs shall be located on the valance area only.

[Amended 11-22-2011 by Ord. No. 2011-23]

(e) Any sign hanging underneath a canopy or awning shall not extend beyond the outer dimensions of the canopy or awning and shall not exceed six square feet in area.

(f) Permitted uses with an additional public entry from a rear facade may have one additional wall sign for such facade; however, such sign shall not exceed 10 square feet in area.

(4) In all shopping centers, each anchor store/tenant may have one sign with a maximum 15% of the area of the ground floor facade upon which it is to be erected and containing a maximum thirty-six-inch letter height, provided that the sign is of the same type of construction and color as the rest of the center. In addition, the "anchor" may have up to one additional sign on any facade facing a public street and which may describe special functions. These signs shall also be building-mounted and shall not exceed 1/2 of the area of the primary wall sign or 20 square feet, whichever is greater. Each anchor store/tenant may also have one canopy or one awning sign as provided in Subsection J(3) above.

(5) In addition to the above signs, each developed parcel of land may be permitted one freestanding sign for each street frontage, each sign not exceeding 40 square feet in area and not exceeding 15 feet in height, and shall contain the name of the project and the street number and may contain a directory of occupants occupying no more than 85% of the total sign area.

[Amended 9-9-2008 by Ord. No. 2008-28]

(a) The street number shall not count towards the total permitted sign area but may not exceed three square feet and must be within the envelope of the permitted sign.

(b) The directory-of-occupants portion of the freestanding sign may have the name of the project in letters up to 16 inches high and include any number of tenant names that fit, using, at a minimum, eight-inch letters with two-inch spaces between lines. Logos may appear on a directory-of-occupants sign.

(c) All freestanding signs shall include a planting scheme approved by the Township Planner.

(d) Temporary, seasonal advertising and/or help wanted signage may be attached to any freestanding sign approved pursuant to this section. The temporary sign attachment must be located within the envelope of the permitted sign and shall not exceed 10 square feet in area and must be placed on a designated location on the permitted freestanding sign.

(6) Gasoline service stations may display the following:

(a) Customary lettering on face of pump and attached state-required pricing sign.

(b) Two fuel pump canopy signs not exceeding a total of 30 square feet in area or one pole sign not exceeding 30 square feet in area and 15 feet in height. Such signs may include the name of the service station only.

(7) Permanent door and window signs are permitted; however, such signs shall not exceed a total of 20% of the glass area of any door or window. Permitted wall signs may be painted or affixed to windows or doors.

(8) Temporary window signs may be located and displayed on the inside of ground floor windows of business uses. Such signs shall not exceed 50% of each window area.

[Amended 9-9-2008 by Ord. No. 2008-28]

(9) Shopping centers may display decorative banners within their parking areas. Decorative banners shall not contain any commercial message, except the name of the center and shall be mounted only on parking area light standards and shall not exceed 10 square feet per banner in area.

(10) Banks may display, in addition to the above applicable signs, one wall or ground sign not exceeding four square feet in area, indicating the availability of an automated teller machine.

(11) Movie theaters may display, in addition to the above applicable signs, one marquee sign attached to the front building facade and not exceeding 100 square feet in area.

(12) Sidewalk and A-frame signs are permitted on or directly adjacent to a sidewalk or walkway in any commercial development but shall not be placed in any public right-of-way or sight triangle or impede vehicular or pedestrian traffic in any way. Such signs shall not exceed eight square feet per sign face or two feet in width.

[Amended 9-9-2008 by Ord. No. 2008-28]

K. Signs permitted in office and industrial zones. In Office Districts (O-2 and O-5), Light Industrial Districts (TECD, LI, I-1, I-2 and I-3), General Industrial Districts (GI), Economic Development Districts (ED), Mining and Quarry Districts (M and Q) and Corporate Development Zones (CDZ), the following provisions shall apply:

[Amended 9-9-2008 by Ord. No. 2008-28; 3-10-2009 by Ord. No. 2009-10; 3-22-2011 by Ord. No. 2011-08]

(1) Temporary signs, as applicable, and as authorized in Subsection H of this section, are permitted.

(2) Signs permitted in all areas of the Township, as applicable, and as authorized in Subsection G of this section, are permitted.

(3) Each permitted use may have one wall sign, provided that the sign shall not exceed an area equal to 10% of the area of the ground floor facade, or 40 square feet, whichever is less. Corner uses may have a second wall sign, provided that such sign is located on the secondary street facade and does not exceed an area equal to 1/2 of the area of the primary street facade wall sign, or 20 square feet, whichever is less.

[Amended 11-22-2011 by Ord. No. 2011-23]

(4) Each property may display one freestanding sign for each street frontage, each sign not exceeding 40 square feet in area and 15 feet in height and shall contain the name of the project and the street number and may contain a directory of occupants occupying no more than 85% of the total sign area.

(a) The street number shall not count towards the total permitted sign area but may not exceed three square feet and must be within the envelope of the permitted sign.

(b) The directory-of-occupants portion of the freestanding sign may have the name of the project in letters up to 16 inches high and include any number of tenant names that fit, using, at a minimum, eight-inch letters with two-inch spaces between lines. Logos may appear on a directory-of-occupants sign.

(c) In addition to the above signs, permitted uses with an additional public entry from a rear facade may have one additional wall sign for such facade; however, such sign shall not exceed 10 square feet in area.

(d) All freestanding signs shall include a planting scheme approved by the Township Planner.

(e) Temporary, seasonal advertising and/or help wanted signage may be attached to any freestanding sign approved pursuant to this section. The temporary sign attachment must be located within the envelope of the permitted sign and shall not exceed 10 square feet in area and must be placed on a designated location on the permitted freestanding sign.

(5) Permanent door and window signs are permitted; however, such signs shall not exceed a total of 20% of the glass area of any door or window or group of windows. Permitted wall signs may be painted or affixed to windows or doors.

(6) Banks may display, in addition to the above applicable signs, one wall or ground sign not exceeding four square feet in area indicating the availability of an automated teller machine.

L. Sign design criteria.

(1) Sign design criteria, including design, illumination, legibility, landscaping and placement standards, applicable to all signs in all zones, are delineated hereinafter. These criteria are intended to be used as a guide by applicants and by the approving authority in the design and review of all signs that are part of a development application. The use of these criteria provides flexibility in adjusting certain sign requirements to the specific conditions and needs of a particular development application.

(2) The Sign Review Committee may adjust the applicable sign limitations of Subsections G, I, J or K of this section by permitting an increase in the required sign height or sign area of an existing sign by no more than 50% and not more than one additional permanent sign than permitted. The approving authority may consider all other sign waiver requests resulting in increased sign height or sign area by more than 50% or more than one additional permanent sign than permitted. For good and sufficient reasons, the Sign Review Committee and the approving authority may vary and/or waive sign design criteria as they may apply to a specific development.

[Amended 9-9-2008 by Ord. No. 2008-28]

(3) Design criteria.

(a) The use of professionally lettered and painted wood or composite signs, in a size and style, as well as color and shape, that will reflect the rural-residential character of the Township is recommended.

(b) The contents of any permanent sign shall be limited to property and occupant identification, company emblem and logos and concise messages identifying the use, product or service of the property. Product prices (except gasoline and diesel fuel prices) and unnecessarily detailed messages, descriptions and graphics are prohibited on permanent signs.

(c) Signs for multioccupancy, nonresidential structures shall use common sign sizes, colors, graphics and shapes. Signs shall be aligned with other signs on adjacent buildings and storefronts in order to present a unified appearance. If several establishments share a common building frontage, use of a common sign format is required. For existing multioccupancy structures, compliance with these design objectives will be enforced over time as individual tenants and their signs are changed.

(d) In order to ensure compliance with these design criteria for all new multioccupancy nonresidential development, the following procedure shall be followed:

[Added 9-9-2008 by Ord. No. 2008-28]

[1] Property sign manual. Each owner of a proposed multioccupancy nonresidential structure or development shall prepare a property sign manual containing sign standards for all signs associated with the property. These standards shall conform to the design criteria contained herein, including color, size and shape, lettering style and sign location, to the extent practicable.

[2] If the property sign manual proposes a sign which does not comply with this section, it shall be submitted for approval to the Planning Board or Board of Adjustment, as appropriate, for the necessary waivers. If the proposed property sign manual is acceptable to the reviewing board, it shall be so certified and shall supersede the sign regulations contained herein, and remain on file in the Planning Department office.

[3] As each subsequent sign change or new sign application is requested for a specific property that has a certified property sign manual, said application shall be reviewed by the Sign Review Committee (see Subsection P) where it has been determined that the proposed sign change or new sign does not conform to the sign design criteria contained in the property sign manual.

(e) Ground and pole signs shall be supported by one or more columns or uprights which are firmly embedded in the ground. Exposed guy wires, chains, piping or similar connections shall not be used to support any ground or pole sign.

(f) New sign plans for existing development shall recognize the provisions of this section relating to nonconforming signs and shall consolidate and improve existing signs whenever possible. All changes to existing signs shall conform to all applicable subsections of this section.

(4) Illumination criteria.

(a) All illuminated signs shall be either indirectly lighted or of the diffused lighting type. For ground signs, the preferred method of illumination is a shielded exterior source. No sign shall be lighted by using unshielded incandescent bulbs, mirrors reflecting a direct light source or similar devices.

(b) Sign lighting shall be arranged and shielded to reflect light and glare away from adjoining properties and public ways. External ground lighting of signs shall be landscaped per exposed side with evergreen plantings and shall be adequately shielded in order to prevent glare or light spillage beyond the property boundary. Internally lighted signs shall provide no more than 5.0 footcandles when measured two feet from any sign surface. All lighted signs on properties adjacent to residential zones shall provide automatic shutoff devices that discontinue or dim sign lighting no later than one hour after business closing.

(c) Internally lighted signs shall provide a dark background and light lettering; however, in no case shall internally lighted signs use stark white graphics of any kind. Whenever necessary, the approving authority may require a sample of the material to be used for any such sign.

(d) Neon window signs may be permitted in cases where they are custom designed to be compatible with the building's architectural character or use and where their color has been selected to harmonize with the building's exterior colors.

(e) Gas-filled light tubes shall be allowed for indirect illumination and when placed in such a manner that the tubes are not exposed to view from any point along the public roadway or sidewalk.

(f) No sign shall be erected that constitutes a hazard to pedestrian or vehicular traffic because of intensity or direction of illumination.

(5) Legibility criteria.

(a) Color, content, letter size and style should be designed to maximize the legibility of signage. The number of colors within a single sign should be limited, preferably to three. Colors should be chosen to maximize the contrast between the background and letter color for legibility. Dark backgrounds with white or light lettering is preferred. Where light or white background is used, style or typeface should be bold and easily readable. The use of fluorescent-type paint is prohibited.

(b) The principal message unit of a sign shall be visually prominent, concise and easily perceived at a sufficient distance to allow adequate reaction time.

(6) Landscaping criteria.

(a) Pole and ground signs shall be appropriately landscaped at the base of such signs. Appropriate landscaping is defined as flowers, shrubs, ground cover and landscape techniques used in the following manner:

[1] To enhance the sign design.

[2] To conceal sign supports or light fixtures.

[3] To shield sign illumination from adjacent properties and public ways.

(b) Evergreen plant materials shall be required for all landscaping serving concealment and/or shielding purposes.

(7) Placement criteria.

(a) Signs shall be placed to maximize their visibility to the intended user of the site and their effectiveness in communicating their intended purpose.

(b) No sign shall be affixed to a fence, utility pole, or tree, shrub, rock or other natural object, unless such objects are part of the sign design features or otherwise permitted by this section.

(c) No projecting sign shall extend into a vehicular public way or be less than 10 feet above a pedestrianway.

(d) No sign, together with any supporting framework, shall extend to a height above the maximum building height allowed in the applicable zone district.

(e) Signs shall not cover architectural details such as but not limited to arches, sills, moldings, cornices and transom windows.

(f) No wall or window sign shall extend above the roofline or the highest point of any parapet wall enclosing usable floor area.

(g) Freestanding signs shall be placed, insofar as practicable, to be perpendicular to the frontage roadway. Such signs shall be strategically located on the subject property, at least 10 feet from the edge of roadway pavement or curb, as appropriate, and not obstructing any sidewalk, driveway or bike path; be located outside of any sight easements and in clear view of passing motorists.

(h) No sign shall obstruct any window, door, fire escape, stairway or other opening from providing required light or ingress and egress to or from any building or structure.

(i) No sign shall be placed in any public right-of-way or in an adjacent required sight triangle, unless placed there subject to the approval of the governmental agency controlling the public right-of-way.

M. Rules for existing signs. All existing signs must comply with all provisions of this section, except as follows:

(1) Nonconforming temporary signs may continue to be displayed for a period not to exceed 120 days from the effective date of this section.

(2) Notwithstanding the provisions of Subsection M(1) above, the following nonconforming signs shall be removed within 30 days, or as otherwise indicated, from the effective date of this section, and any replacement signs shall comply with all provisions of this section.

(a) Signs advertising a discontinued use or product no longer available.

(b) Signs not maintained in a safe, sound and good condition as specified herein.

(c) Signs which have suffered damage or are in disrepair so that they require reconstruction or extensive repair.

(3) Notwithstanding the provisions of Subsections M(1) and (2) above, and except for directory-of-occupants signs, any nonconforming sign advertising a specific use shall be removed upon change of that use or business, and any replacement sign(s) shall comply with all provisions of this section.

(4) In the case of signs and advertising structures relating to nonconforming uses (uses located in a zone where such uses are not permitted by the Zoning Ordinance), except in the GA, GB and TC Districts, the Zoning Officer shall make a determination of the zone where such use would be permitted and shall then apply the standards and requirements in the section for that zone; signs meeting those standards and requirements shall be considered to be conforming signs.

[Amended 9-9-2008 by Ord. No. 2008-28]

N. Administration and enforcement. The provisions of this section shall be enforced by the Zoning Officer. If the Zoning Officer shall find that any of the provisions of this section are being violated, he/she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. This action may include removal or alteration of illegal signs or discontinuance of any illegal work being done or other action to ensure compliance with or to prevent violation of its provisions. Illegal signs erected upon public property may be removed by the Zoning Officer without prior notice.

(1) It shall be unlawful to erect, maintain or display a new sign or an addition to an existing sign without first obtaining a permit from the Zoning Officer, based upon an application in writing, except as specifically set forth herein.

(2) The following signs are exempt from the application requirement of Subsection N(1) above.

(a) All signs already included in a development application which has been reviewed and approved by the Planning Board or Zoning Board of Adjustment.

(b) All signs permitted in Subsection G except Subsection G(5), (6), and (12).

(c) All signs permitted in Subsection H except Subsection H(2), (5) and (7).

(3) Application procedures.

(a) Signs not exempt from the above application requirement shall be reviewed by the Zoning Officer for conformance with the requirements of this section. Conforming applications shall be issued a permit upon payment of the applicable application fee.

(b) Sign applications not conforming to section requirements shall be referred to the Sign Review Committee (see Subsection P) for consideration. The Sign Review Committee may, based on the standards contained in the sign design criteria section of this section, authorize application approval, approval with modifications or rejection.

(4) Temporary sign permits. Temporary sign permits are effective for 30 consecutive days upon issuance by the Zoning Officer.

(5) Application and permit fees.

(a) New signs not exceeding 10 square feet in total area: $25.

(b) New signs exceeding 10 square feet total area but less than 50 square feet in total area: $50.

(c) New signs greater than 50 square feet in area: $100.

(d) Subsection N(4), temporary sign permits: $25.

(e) Sign revision for new use, tenant or occupant: $25.

(f) Subsection H(2), campaign signs require an application and permit, but no fee shall be charged.

(g) Permit for multiple signs: total the applicable fee for each sign individually.

O. Appeals, interpretations, waivers and variances. The provisions of this section shall be considered as part of the Land Development Ordinance of Hillsborough Township and shall be subject to the jurisdiction of the Planning Board and Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-60 and 40:55D-70 except as provided in Subsection P below.

P. Sign Review Committee.

(1) A Sign Review Committee is hereby established to foster predictability and consistency with the applicability of these regulations. The primary responsibility of the Sign Review Committee is to hear and decide on sign waiver applications that do not involve site plan, subdivision, conditional use or variance approvals. The Sign Review Committee shall also make recommendations to the Planning Board regarding revisions to the sign regulations from time to time, as warranted.

(2) Membership on the Sign Review Committee shall be appointed annually by the Mayor at the reorganization of the Township Committee and shall consist of the following four regular members and one alternate member:

[Amended 3-13-2012 by Ord. No. 2012-07]

(a) The Township Administrator or his/her designee, except for members of the Planning Department.

(b) One member who operates a business in the Township.

(c) One member of the Economic and Business Development Commission.

(d) One member who is a Township resident and has specific training in architecture, landscape architecture, urban design or planning.

(e) One alternate member who is a Township resident.

(3) All meetings of the Sign Review Committee established herein shall be subject to the requirements of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., and shall be conducted pursuant to Robert's Rules of Order.

[Amended 3-13-2012 by Ord. No. 2012-07]

(4) Applications for sign waivers not involving a site plan, subdivision, conditional use or variance shall be forwarded by the Planning Department to the Sign Review Committee for its review and decision. It shall be the responsibility of the Sign Review Committee to schedule a review of applicable sign waiver applications and to make decisions regarding these applications within 45 days of the submission of a complete application or automatic approval will be granted, unless the applicant consents to an extension of time for a decision.

[Amended 9-9-2008 by Ord. No. 2008-28; 3-13-2012 by Ord. No. 2012-07]

Q. Severability. If any provisions of this ordinance shall be adjudged invalid, such adjudication shall not affect the validity of the remaining provisions, which shall be deemed severable therefrom.

R. Violations and penalties. Any person, firm or corporation who or which shall violate any provision of this section shall be liable to a fine not to exceed $200 for a first offense for each sign in violation; not to exceed $500 for a second offense for each sign in violation; and not exceeding $1,000 for each subsequent offense in conjunction with each sign in violation; and each day in which such violation continues shall constitute a separate violation or offense.

S. Modernization of existing static billboards. Notwithstanding the foregoing and except as otherwise set forth herein, static billboards that are located along U.S. Route 206 that are in lawful existence at the time of the enactment of this chapter may be replaced with digital billboards in conformance with the requirements set forth herein. For the purposes of this Subsection S, the term "site" shall mean contiguous properties that are owned, or under the control, of the same entity or person.

[Added 5-9-2023 by Ord. No. 2023-05]

(1) The existing static billboard must be in lawful existence and located along U.S. Route 206.

(2) All existing billboards on the site shall be removed as a condition of approval of a digital billboard. Construction of the digital billboard and removal of the existing billboards shall be completed within six months of commencement of removal of the existing billboards.

(3) The digital billboard shall be located on the same site as the billboards being replaced. No more than one digital billboard shall be permitted on a site regardless of the number of billboards being replaced. In no case shall a static billboard and a digital billboard be located on the same property.

(4) The combined square footage of the sign faces on a new digital billboard shall be 80% of the square footage of the combined existing static billboards located on the site. The replacement value may be increased to 100% of the existing on-site static billboards through credits received for the removal of static billboards on other properties owned or controlled by the applicant. Credits will be awarded on a square-foot-to-square-foot basis. In no case shall a single sign face of a digital billboard exceed 380 square feet.

(5) The maximum height of any digital billboard shall not exceed the maximum building height permitted in the underlying zone.

(6) There shall be a minimum twenty-foot front yard setback from the U.S. Route 206 right-of-way line. Side yard and rear yard setbacks shall conform to the requirements of the underlying zone. All setbacks shall be measured from the outside of the nearest sign face.

(7) No other bulk requirement shall apply to a digital billboard.

(8) No digital billboards may be erected in the Township unless and until the operator of a proposed digital billboard meets the additional requirements of N.J.A.C. 16:41C-11.1 et seq., as evidenced by the award of an outdoor advertising permit for the location at issue from the New Jersey Department of Transportation's Office of Outdoor Advertising Services.

(9) Design standards.

(a) Digital billboards shall be of single monopole design.

(b) The base of the digital billboard shall not exceed 25 feet by 25 feet and the structural design shall be approved by a licensed engineer. The base of the digital billboard shall be appropriately landscaped and screened at grade level to obscure the view thereof.

(10) Lighting standards.

(a) Digital Billboards shall not operate at brightness levels of more than 0.3 footcandle above ambient light, as measured using a footcandle meter at the following pre-set distances:

[1] Zero- to 350-square-foot sign to be measured 150 feet from the source;

[2] 351- to 650-square-foot sign to be measured 200 feet from the source; and

[3] 651- to 672-square-foot sign to be measured 250 feet from source.

(11) Application and escrow fees.

(a) No site plan required.

(b) Zoning permit required. Fee in accordance with § 188-13A(5)(e).

(c) Administrative approval by the Township Engineer is required. Administrative approval application charge is $500, plus $2,000 for an escrow account.

(12) Township use. The billboard operator shall agree to make the digital billboard available to: a) local emergency services, including the Township's police, fire, rescue and emergency management, for use during emergency situations; and b) to the Township for nonemergency municipal use of 12.5% of total daily advertising time on days when the digital billboard is operational or not otherwise being used for emergency situations. Such nonemergency use shall spread out equally across every hour of the day.

§ 188-84 Soil erosion and sediment control.

See the Soil Erosion and Sediment Control Ordinance, Chapter 251.

§ 188-85 Soil removal and redistribution.

The excavation and grading for completion of a development shall be done in accordance with the approved plat which contains soil erosion and sediment control provisions. Excavation of soil, other than required for the construction of approved structures and supporting facilities such as but not limited to streets, driveways and parking areas, shall be prohibited. Regrading of property so as to redistribute topsoil throughout the site from areas excavated for such approved structures and supporting facilities shall be permitted, but shall be done in the following manner to minimize or eliminate the erosion of soil. Any application proposing the disturbance of more than 5,000 square feet of surface area of land as defined in the Soil Erosion and Sediment Control Act (c. 251, P.L. 1975)[1] shall include on its plan the following: the means to control or prevent erosion, provide for sedimentation basin(s) for soil that does erode due to water, and control drainage, dust and mud on the premises as well as abutting lands; the preservation of soil fertility and the resulting ability of the area affected to support plant and tree growth by maintenance of adequate topsoil consisting of at least six inches of the original layer; maintenance of necessary lateral support and grades of abutting lands, structures and other improvements; prevention of pits and declivities which are hazardous or which provide insect breeding locations; the physical limitations and characteristics of the soil shall not be altered to prevent the use to which the land may lawfully be put; and such other factors as may reasonably bear upon or relate to the public health, safety and general welfare.

[1] Editor's Note: See N.J.S.A. 4:24-39 et seq.

§ 188-86 Stormwater runoff.

See the Surface Water Management Ordinance.[1]

[1] Editor's Note: See Ch. 262, Stormwater Control, Art. I.

§ 188-87 Streetlighting.

A. Wherever this chapter requires the installation of electric utility installations underground, the applicant shall provide for the installation of underground service for streetlighting.

B. Streetlighting standards of a type and number approved by the approving authority shall be installed at all street intersections and elsewhere as deemed necessary by the approving authority.

§ 188-88 Street signs.

Street signs and posts shall be in compliance with the Standard Details and Design Criteria of the Township's Engineering Department. There shall be at least two street signs furnished at each four-way intersection and one street sign at each T-intersection. All signs shall be installed free of visual obstruction and shall be four-way, with street names parallel to the named street.

§ 188-89 Streets.

A. Subdivisions shall be served by public streets. 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 and should conform with the topography as far as practicable.

B. When a new development adjoins land capable of being further developed, suitable provisions shall be made for optimum access of the remaining and/or adjoining tract to existing or proposed streets, including the possibility of a sketch of a feasible plan for the abutting areas as outlined in § 188-27D(2).

C. Local streets shall be so designed as to discourage through traffic.

D. In all residential zones, all major developments bounded by any freeway, arterial or collector street shall control access to said streets by having all driveways intersect marginal service streets, parallel streets or a limited number of intersecting local streets. In addition, that portion of the development abutting said freeway, arterial or collector street right-of-way shall either be planted with nursery grown trees to a depth of not more than 25 feet from the right-of-way line and for the full length of the development so that in a reasonable period of time a buffer will exist between the development and the highway, or, where the topography permits, earthen berms shall be created at a sufficient height to establish a buffer between the development and the highway. Berms shall not be less than six feet in height and they shall be stabilized by ground cover, trees and shrubs to prevent soil erosion. All trees shall be of nursery stock having a caliper of not less than 2.5 inches measured three feet above ground level and be of an approved species grown under the same climatic conditions as at the location of the development. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated. Said buffer planting, landscaping of open space areas or berm construction shall be part of the improvements required before issuance of building permits for the first subsection of the subdivision regardless of the location of the buffer planting or berms. No driveways shall enter onto freeways. Driveway entrances to arterial or collector streets shall be prevented as much as possible. Where 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.

E. In all developments the minimum street right-of-way shall be measured from lot line to lot line, 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 Standard Details and Design Criteria of the Township's Engineering Department. In addition, 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(s) approaching the intersection for a distance of 300 feet from the intersection of the center line.

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

G. 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 development design. 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 Hillsborough for the purposes provided for and expressed in the Development Regulations Ordinance for the Township of Hillsborough." This statement on an approved plat shall in no way reduce the developer's responsibility to provide, install, repair or maintain the facilities in the area dedicated by deed and as shown on the plat and/or provided for by any maintenance or performance guaranties. If the development is along one side only, at least 1/2 of the required extra width shall be anticipated. For a major development, that portion of the existing street or road adjoining or included within a development shall be improved, including excavation, grading, gravel base and surfacing, in accordance with the road improvements standards of this chapter.

H. Longitudinal grades on all streets shall not exceed 12% on secondary local streets, 7% on primary local streets, 5% on collector streets or 3% on arterial streets. No street shall have a longitudinal grade of less than 1/2 of 1%. Maximum grades within intersections shall be 4%. Additional design criteria shall be set forth in the Standard Details and Design Criteria of the Township's Engineering Department.

I. Intersecting street center lines shall be as nearly at right angles as possible and in no case less than 60º 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. 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, a minimum center-line offset of 200 feet is provided. 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 within the boundaries of the tract being developed on the same side of the street. In the spacing of streets, consideration will be given to the location of existing intersections immediately adjacent to the development. Intersections shall be rounded at the curbline, with the street having the highest radius requirement as outlined below determining the minimum standard for all curblines: arterial, 35 feet; collectors, 30 feet; primary local streets, 25 feet; and secondary local streets, 20 feet. No secondary local street shall be part of a four-way intersection.

J. Sight-triangle easements shall be required as set forth in § 188-82, Sight triangles, in this article.

K. A tangent at least 200 feet long shall be introduced between reverse horizontal curves on arterial and collector streets. All deflections in horizontal center-line alignment shall be provided with circular curves having a radius conforming to the Standard Details and Design Criteria of the Township's Engineering Department.

L. All changes in grade where the algebraic difference in grade is 1% or greater shall be connected by a vertical curve having a length of at least 100 feet for each 2% difference in grade and providing a minimum sight distance as set forth in the Standard Details and Design Criteria of the Township's Engineering Department.

M. Dead-end streets (culs-de-sac).

(1) Dead-end streets (culs-de-sac) of a permanent nature shall provide a turnaround at the end with a right-of-way radius equal to the street right-of-way, but not less than 50 feet and a cartway radius of not less than 40 feet. The center point for the radius shall be on the center line of the associated street or, if offset, to a point where the radius becomes tangent to one side of the cartway.

[Amended 3-14-2006 by Ord. No. 2006-03]

(2) If a dead-end street is of a temporary nature, provisions shall be made to either leave the turnaround in existence after the street is extended or have the turnaround removed and have the excess right-of-way revert to the adjoining properties when the street is extended. Any removal of the turnaround, regrading, seeding, curbing, drainage and other street work shall be the off-site responsibility of the developer creating the street extension.

(3) Dead-end streets shall not exceed 1,100 feet except in rural residential developments described in this article.

N. No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound as to be confused with names of existing streets within the Township or nearby streets of adjacent municipalities. The continuation of an existing street must be approved by the approving authority.

O. Township streets shall be constructed in accordance with the specifications set forth in the Standard Details and Design Criteria of the Township's Engineering Department.

P. Street classifications shall be those set forth in the adopted Master Plan, as follows:

(1) Freeway or interstate highway. A street to provide for the uninterrupted movement of motor vehicles with no access to abutting properties. It is designed for high speed regional traffic movements.

(2) Arterial. A street intended to carry large volumes of traffic at steady speeds with minimum interruptions to traffic flow, generally connecting with collector streets and major traffic generators within the area. The right-of-way width will be a minimum of 80 feet.

(3) Collector. A street which forms the boundary of major blocks of land and is intended primarily for interneighborhood or intramunicipal traffic and is often a feeder road to commercial areas and the arterial street system. The right-of-way width will be a minimum of 60 feet.

(4) Primary local. A street intended primarily for access into major blocks of land and not for through traffic. The right-of-way width will be a minimum of 50 feet.

[Amended 7-14-1981 by Ord. No. 81-11]

(5) Secondary local. A street intended primarily for access to individual properties and not for through traffic. The right-of-way width will be a minimum of 50 feet.

(6) Primary and secondary local. Within each right-of-way, paving widths may vary depending on the number of units served, whether a street is curbed, whether on-street parking is permitted, whether the interior streets serve lots of two acres or larger and whether on-site topographical constraints allow design flexibility. The paving widths shall be as follows:

[Added 7-14-1981 by Ord. No. 81-11]

	Secondary Local Street	On-Street Parking (feet)	No Parking1,3,4 (feet)
	Where all lots are 2 acres or larger	20	20
	Under 20 units2	30	22 to 34
	21 to 40 units	32	24 to 26
	Primary local	36	26 to 30

	NOTES:
	1 No-parking street widths shall be limited to areas where off-street parking lots are provided, or where there are driveways and/or garage(s) to each unit, but where the unit is at least 18 feet wide or at least 40 feet in length.
	2 The number of units refers to the number of units that might reasonably use the street for access, not just the number of units fronting on the street.
	3 Shoulder design shall be constructed, where required, in accordance with the Township "Standard Details and Design Criteria."
	4 A no-parking ordinance must be adopted as part of the approval process.

§ 188-90 Swimming pools.

A. No private residential pool shall be installed on any lot unless said lot shall contain a residence and said pool shall be accessory to the residence and meet the setback requirements for accessory buildings in the district in which it is located, except that if the pool is located in the front yard, the pool shall be set back at least the same distance from the street line as required for a principal building.

B. A pool shall occupy no more than the equivalent of 75% of the yard area in which it is located. The pool area shall include the water surface and the patio adjoining the pool. The pool area on in-ground pools shall be enclosed with a fence four feet high with a self-latching gate. Aboveground pools shall either be fenced as above or have a safety ladder, with the filter system enclosed or separated so as to prevent its use as an access to the pool.

§ 188-91 Temporary permits.

Temporary permits may be authorized by the Building Inspector for a specified period not to exceed one year for nonconforming uses incidental to construction projects on the same premises, including such uses as storage of building supplies and machinery, the assembly of building materials and a real estate office located on the tract offered for sale, provided that the issuance of such permits shall be conditional upon bonded agreement by the owner to remove any structure erected thereunder and to discontinue such uses upon expiration of permit.

§ 188-92 Townhouses.

See § 188-35, Apartments, townhouses and atrium houses, in this article.

§ 188-93 Transfer of development credits.

[Amended 7-14-1981 by Ord. No. 81-11; 5-23-2001 by Ord. No. 2001-25]

A. Purposes and authorization. In an effort to add flexibility to development proposals, to preserve land for public and agricultural purposes, to prevent development on environmentally sensitive areas and to aid in reducing the cost of providing streets, utilities and services in residential development, this section permits the owner of lands in the RS, R1, PD, CR and TC Districts to increase the density of development on that tract in exchange for dedicating separate and properly subdivided lots for either open space, school site or other public use. This provision can also provide marketability for marginal lands in environmentally sensitive areas, without increasing the overall population density within the Township.

B. Standards as to lands to be deeded.

(1) The minimum lot size for the deeded lands for which credit is sought shall be 25 acres, unless the parcel for which credit is sought is to be joined to an already dedicated 25 acre or larger parcel in which case the additional lot may be as small as five acres.

(2) Eighty percent of the lands to be deeded as open space and/or farmland preservation shall be unencumbered by regulated wetlands, open water, floodplain and under- and aboveground utility easements.

(3) The number of dwelling unit credits to be received for such lands shall be the number of standard units permitted in the district in which the deeded land is located, except critical areas determined by the natural resource inventory so far as slopes, flood hazard and surface water and utility easement areas are concerned, shall count as 1/2 credit towards density; provided, however, that the maximum density permitted in the RS, R1, PD, CR and TC Districts shall be as set forth in the Schedule of Limitations.

(4) The applicant/developer shall submit all lot(s) for which credit is being sought as part of the application for development of the receiving tract. The lot for which credit is being sought (the sending tract) shall be deeded to the Township at the time of final plat approval. The deed shall contain restrictions as to the future use of the land by the Township, limiting those areas to open space, recreation, school sites or other public municipal use, including, but not by way of limitation, use or lease by the Township for such purposes as permitted by law for eleemosynary or publicly related purposes as, by way of illustration, rescue and first-aid squads, youth organizations specified by statute, historical societies and the like.

C. Standards as to determination of acceptability. The Planning Board and the Township Committee, in acting upon the acceptability of the lands proposed to be dedicated or conveyed to the Township, shall be guided by the following standards:

(1) The standards of Subsection B above shall be met.

(2) Whether the purposes set forth in Subsection A above are fulfilled.

(3) In the case of lands proposed to be conveyed for public purposes (as contrasted with essentially critical area lands):

(a) Whether other lands may be more desirable for such purpose.

(b) Attendant problems of maintenance of said lands during the period before same can be developed.

(c) The tax impact of such proposed conveyance upon the Township.

(d) Whether removal of such lands from the possibility of private development may hinder public utility extension.

(e) The possible timing of public use of said lands.

(f) Whether the population would be better accommodated by its transfer to the receiving lands or by remaining on said proposed lands.

(g) The suitability of the lands shall be considered, including the physical characteristics, the Master Plan, accessibility and costs.

(4) In the case of lands proposed to be conveyed which are essentially critical areas, a report may be sought from the Environmental Commission, the Somerset-Union Soil Conservation District and any other appropriate advisory body.

(5) Attention is called to applicable standards of § 188-11.

D. Application to Planning Board. The applicant shall submit a plat showing the lands proposed to be dedicated or conveyed to the Township and a plat showing the area to which it is proposed to transfer the development credits and, in general form, the manner in which such credits are proposed to be utilized. Both plats shall include the required information for the appropriate stage of subdivision and/or site plan review.

E. Referral to governing body.

(1) The Planning Board, if it be satisfied that the application is in order, shall refer the same to the Township Committee.

(2) The Township Committee shall, within 35 days of such referral, make its initial determination in the light of Subsection C above.

(3) Effect of Township Committee determination.

(a) A favorable decision by the Township Committee shall constitute a finding only that the lands proposed to be dedicated or conveyed will be acceptable to the Township and does not constitute approval of any development nor does it exempt the applicant from his obligation to comply with all applicable ordinances. Such approval shall expire if the application is denied by the approving authority or if the application is otherwise voided by noncompliance with filing requirements or by the expiration of statutory periods of protection prior to final plat approval.

(b) Any change relative to the parcel to be conveyed to the Township (after initial approval by the Township Committee) shall be subject to review by the Township Committee which may then either approve or reject such change.

F. Processing by Planning Board. The application shall be processed concurrent with the major subdivision or PUD with which it is associated.

G. Excess credits. There shall be no banking of development credits. If the plan presented by the applicant does not utilize all of the credits to which the land may be entitled, any excess credits shall be considered forfeited; provided, however, that if the parcel to be conveyed is of sufficient size so as to permit the subdivision therefrom of lands which would be the excess credits, and if such subdivided parcel would conform to the zoning regulations, and would not impair the use of the remaining lands to be conveyed, the Planning Board may permit such subdivision. Any such subdivision shall conform to the subdivision provisions but may be processed concurrent with the main application, contingent upon the granting of the main application.

H. Conveyance to Township.

(1) Conveyance of such lands to the Township shall be by a deed in a form approved by the Township Attorney. There shall be submitted with such deed a title insurance policy insuring title to the parcel which policy may contain only those exceptions approved by the Township.

(2) Where applicable, where the lands to be conveyed to the Township have been in farmland assessment (N.J.S.A. 54:4-23 et seq.), the grantor shall pay all roll-back taxes up to the date of final approval, and no final approval shall be endorsed and no maps shall be signed until proof is submitted that all taxes on the parcel, including the roll-back taxes, have been paid in full.

I. Undedication. Lots dedicated to public open space, school site or other public purposes may be undedicated and developed, provided that all the following conditions exist:

(1) The lot has not been improved for public purposes.

(2) A major public improvement has occurred which has directly improved the developability of the lot.

(3) An equal or greater land area has been dedicated elsewhere in the Township in exchange for the lot being undedicated, but with no acreage credit for the previously dedicated land.

(4) The replacement lot has the same opportunity to serve the intended purpose as the original lot including such characteristics as convenient location to the population being served, accessibility, topography, soil conditions and configuration.

§ 188-94 Water mains, culverts, storm sewers and sanitary sewers.

All water mains, culverts, storm sewers and sanitary sewers shall be properly connected with an approved system and shall be adequate to handle all present and probable future development. The Township may require easements or rights-of-way of sufficient width along drainage and utility courses for vehicular access and maintenance needs.

§ 188-95 Water supply.

A. 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 and fire protection available to each lot or dwelling unit 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 be designed with adequate capacity and sustained pressure for current needs and anticipated future system extensions.

B. Where public water is not available, water shall be provided by the lot owner 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.

§ 188-96 Yards.

No area set aside for the purpose of meeting front, side or rear yards for one building shall be considered as meeting the yard provisions of another building. On a lot extending through a block resulting in frontage on two or more streets, including corner lots, the building setback for each street shall not be less than the required front yard.