[Amended 11-10-1980; 8-10-1981; 10-24-1985 by Ord. No. 85-10]
A.
After this chapter becomes effective, no street shall
be accepted by the Township Committee and taken over as a Township
thoroughfare to be maintained as such at the public expense unless
it shall comply with the following minimum specifications and requirements,
and no map intended as a dedication of any lands for public streets
submitted to the Township Committee for approval will be approved
or accepted for such purposes unless such map shall comply with the
following specifications and requirements:
(1)
(2)
Rights-of-way should be fully graded only to the outside
edge of the shoulder at which point any slopes, not to be steeper
than 3:1, shall begin.
(3)
All pavements to be constructed will be in accordance
with the following, which are hereby declared to be minimum requirements
for engineering plans, specifications, type of road to be built, materials
and method of construction:
(a)
All streets as defined herein are to be built
in accordance with plans and specifications drawn and written by a
competent engineer and which have been approved by the Township Committee
and Township Engineer. The plans and specifications shall include
the existing ground conditions and final finished road grades both
in profile and in cross section. The plans shall also provide for
proper drainage of slopes, cuts and intersections which must, in turn,
be related to the particular drainage conditions of the immediate
vicinity.
(b)
All streets shall be constructed in accordance
with the latest specifications of the New Jersey Department of Transportation
and shall have a minimum structural number of 2.7 as established by
the American Association of State Highway Officials road test and
consist of at least a two-foot Mix No. 5 surface course plus a base
course of sufficient structural value to equal the above structural
number. Sufficient CBR tests will be taken, by the developer, on the
compacted subgrade. Should the results of these tests be less than
six, then the minimum required structural number must be 3.3.
(c)
Alternate designs, such as paved or grassed
swales and rubble or riprap gutters, may then be used. All curbing
shall be of the rollback type, of concrete or stone, and shall have
a minimum of a six-inch vertical reveal, twelve-inch base and eighteen-inch
vertical height at back, with a total cross-sectional area of at least
180 square inches. All streets shall be curbed, unless it can be shown
by the developer that curbing is not required, either to control traffic,
drainage or erosion.
(d)
All streets shall have graded shoulders consisting
of a minimum of a six-inch quarry process or shoulder stone base course
and four inches of topsoil (fertilized, seeded and mulched).
(e)
Sidewalks shall be required unless it can be
shown by the developer that potential vehicular and pedestrian traffic
is such that there would not be undue danger to pedestrians in their
absence. All walks shall be four feet wide and four inches thick and
shall be constructed of concrete. Bituminous-concrete sidewalks may
be allowed and shall be constructed of a three-inch base course with
one-and-one-half-inch surface course.
(4)
An adequate drainage system sufficient to handle all
drainage at all times and to prevent the collection of water in puddles
at any point in the right-of-way or on abutting properties (and easements
for the right to discharge surface water through drainage structures
and over adjoining lands) must be provided and the location of catch
basins, drains, outlets and other parts of such drainage system must
be accurately and distinctly shown on the maps filed with the Township
Committee and approved before acceptance of said street. The construction
of the drainage system shall be in conformity to the appropriate minimum
specifications of the New Jersey State Highway Department.
(5)
In the event that Any ditch, pipeline or watercourse
crosses the right-of-way, proper provision must be made for carrying
it and must be shown on the map. If the watercourse is such as to
come under the jurisdiction of the Warren County Board of Chosen Freeholders,
written consent to the location of the streets must accompany the
map. The map must clearly show the type of bridge, culvert, pipe or
other structures that will be provided for the watercourse or stream.
(6)
In general, grades of streets shall not exceed 10%,
but grades up to 12% shall be permitted on a showing that no traffic
hazards will result and on approval of the Township Engineer. No street
shall have a grade of less than 1/2 of 1%. In no case shall grades
be more than 3% within 100 feet of any intersection.
(7)
Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 60°. The block
corners at intersections shall be rounded with a curve having a radius
of not less than 20 feet.
(8)
Street jogs with center-line offsets less than 125
feet shall be prohibited.
(9)
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
(10)
When connecting street lines deflect from each
other at any one point by more than 10° and not more than 45°,
they shall be connected by a curve with a radius of not less than
100 feet for minor streets and 300 feet for arterial and collector
streets.
(11)
All changes in grade shall be connected by vertical
curves of sufficient radius to provide a smooth transition and proper
sight distance.
(12)
Permanent dead-end streets shall not be longer
than 1,050 feet and shall provide a turnaround at the end with a radius
of not less than 50 feet, fully curbed, and tangent whenever possible
to the right side of the street. If a dead-end street is of a temporary
nature, a similar turnaround shall be provided and provisions made
for future extension of the street and reversion of the excess right-of-way
to the adjoining properties.
(13)
No street shall have a name which will duplicate
or so nearly duplicate as to be confused with the name of existing
streets. The continuation of an existing street shall have the same
name.
(14)
The survey or map showing the location and setting
of monuments (all street intersections or angle monuments to be of
hard, durable material having a depth of at least 2 1/2 feet
and at least six inches square at the top), grading, drainage systems,
sewer lines, manholes, contours, curbs, sidewalks and other structures
prescribed herein must have the approval of the Town Engineer and
the Township Committee.
(15)
The location and terminal of the right-of-way
must not interfere with other streets of the Township and shall be
so constructed as not to constitute a traffic hazard or to seriously
interfere with the access of any abutting property owner to a through
street. In all cases where a proposed street will intersect a street
which is within the jurisdiction of the New Jersey State Highway Department,
written approval of such intersection by such Department shall be
submitted to the Township Committee.
(16)
The title to the right-of-way must be approved
by the Township Attorney, and any deed of dedication, releases of
mortgages or other title instruments reasonably required by the Attorney
must be provided at the cost and expense of the owner, and the owner
shall likewise pay the cost and expense of publication of any ordinance
which, in the opinion of the Township Attorney, is required for acceptance
of any street.
(17)
In front of areas zoned and designed for commercial
use, or where a change of zoning to a zone which permits commercial
use is contemplated to permit such use, the street width shall be
increased by such amount on each side as may be necessary by the Board
to assure the free flow of through traffic without interference by
parked or parking vehicles and to provide adequate and safe parking
space for such commercial or business district.
(18)
Major subdivisions, as defined in § 255-3, that adjoin or include existing streets that do not conform to the existing Street Ordinance shall be improved to meet these standards and shall include pavement, shoulders, drainage, shade trees and curbing and sidewalks, if required. If the subdivision is along one side only, only 1/2 of the street shall be improved accordingly. This requirement shall be eliminated only upon developers showing that:
B.
At least three copies of the survey or map of the
street [one of which shall be a reproducing linen tracing] shall be
filed with the Township Committee when application is made to the
Township for the approval of said map or survey and the acceptance
of the streets shown thereon.
C.
The approval of any maps and plans for the purpose
of enabling owners to comply with the provisions of N.J.S.A. 46:23-9.9
et seq. shall not be deemed an acceptance of any street, nor shall
the Township of Independence, prior to the final adoption of an ordinance
for the purpose, be in any way obligated to maintain or exercise jurisdiction
over any such streets.
[Amended 2-13-2007 by Ord. No. 2007-01]
D.
The Township Committee, in its discretion, may refuse
to approve or accept any street, notwithstanding compliance with all
of the provisions of this chapter, when, in its judgment, the public
interest renders such approval or acceptance inadvisable. It may also
permit exceptions and variations to the foregoing requirements when
good cause therefor is shown, and the public interest will not be
adversely affected thereby. In any case, the Township Committee may
refuse to accept any street until such time as the same is fully completed
in accordance with the provisions hereof.
The following design standards shall apply for
site plan review:
A.
Lighting.
(1)
Site lighting shall be provided in all areas regularly
used by the public in the evening.
(2)
Required lighting intensity shall vary generally with
the proposed use of intensity. Specific areas shall maintain lighting
levels in accordance with the following table:
|
Use
|
Average Footcandles
| ||
|---|---|---|---|
|
Commercial:
| |||
|
Self-parking
|
1
| ||
|
Attendant parking
|
0.5 to 1
| ||
|
Residential:
| |||
|
Multifamily
|
0.5 to 1
| ||
|
Pedestrianways:
| |||
|
Sidewalks, general
|
0.5
| ||
|
Sidewalks, park
|
0.25
| ||
|
Entrances, active
|
1 to 2
| ||
|
Entrances, inactive
|
0.5
| ||
|
Intersections
|
1 to 2
| ||
(3)
Fixtures shall be equipped with cutoffs so that no
part of the lamp or reflector is visible from adjoining roadways.
(4)
All lighting shall be cut off at property lines to
prevent carry-over onto residential properties.
(5)
The maximum permissible fixture height shall be 25
feet.
B.
C.
Parking lot layouts.
(2)
Parking lots for multiple-family, commercial-business
or industrial use shall be paved with asphalt unless otherwise permitted
by the Board. Pavement thickness shall be proposed by the developer
and approved by the Township Engineer and shall reflect the anticipated
traffic volume and type. Where a full-depth bituminous pavement is
proposed, it shall consist of a three-inch stabilized base with a
one-and-one-half-inch FABC surface course as a minimum. Alternate
design incorporating an untreated aggregate base with a four-inch-minimum-thickness
bituminous pavement may also be considered. Graveled parking areas
will only be considered and approved by the Land Use Board where the
developer can demonstrate that such construction is consistent with
good planning, will accommodate minimal traffic volumes and will not
cause drainage and/or siltation problems detrimental to public health,
safety and welfare.
[Amended 2-13-2007 by Ord. No. 2007-07]
(3)
A parking space for a passenger automobile shall accommodate
an area of 200 square feet either within a structure or garage or
in the open, exclusive of driveways or access drives. It shall accommodate
an inscribed rectangle having a minimum length of 20 feet and a minimum
width of 10 feet, except that a parking space abutting a curb need
only be 18 feet in length, provided that a two-foot clear area, in
addition to any required sidewalks, is maintained behind the curb,
reducing the parking space area to a minimum of 180 square feet. Aisles
for access to parking spaces shall be in accordance with the following:
[Amended 5-11-2004 by Ord. No. 04-3]
|
Parking Angle
(degrees)
|
Aisle Width
(feet)
|
Traffic Flow
| |
|---|---|---|---|
|
90
|
24
|
2-way
| |
|
80
|
24
|
2-way
| |
|
70
|
19
|
1-way
| |
|
60
|
17
|
1-way
| |
|
50
|
14
|
1-way
| |
|
45
|
13
|
1-way
|
(4)
Off-street parking areas which provide parking for
10 or more vehicles shall be provided with shade trees of a type approved
by the Land Use Board. The shade trees shall be located in curbed
islands in a planned manner within the parking lot area, in quantity
equal to one shade tree for every 10 parking spaces.
[Amended 2-13-2007 by Ord. No. 2007-07]
(5)
Parking lots providing in excess of 50 parking spaces
shall meet the following requirements:
(6)
Parking areas shall be graded to provide grades between
a minimum of 0.5% to a maximum of 6%. Runoff shall be directed from
aisles to parking stalls.
(7)
The Land Use Board shall have the authority to require
curbing bumper guards, wheel stops, etc., to direct runoff, guard
landscaping and protect pedestrians. Where utilized, curbing shall
be nine-by-twenty-inch grey concrete and shall otherwise conform to
New Jersey Department of Transportation standards.
[Amended 2-13-2007 by Ord. No. 2007-07]
(8)
Parking stalls, pedestrianways, entrance driveways
and exit driveways shall be designated with white paint on the finished
pavement.
D.
Streets and driveways.
(1)
All interior development roadways, whether intended for dedication to the Township or not, shall be constructed in accordance with § 255-68A of this article.
(2)
Two-way driveways serving aisles and parking lots
shall be a minimum width of 20 feet.
(3)
Business, commercial, multifamily and industrial driveways
shall provide the following sight distance from a point 30 feet along
the driveway curbline to a point on the curbline of the intersecting
street:
|
Roadway Classification
|
Minimum Sight Distance
(feet)
| |
|---|---|---|
|
Local
|
200
| |
|
Minor collector
|
275
| |
|
Major collector
|
350
| |
|
Others
|
400
|
(4)
The sight triangle shall be clear of all obstruction
from 20 inches above center-line grade to a point 120 inches above
center line, except that utility poles and street trees shall be permitted,
provided that they do not create a safety hazard. An easement dedication
to the owner of the intersecting roadway incorporating the entire
sight triangle within the site but outside the right-of-way line shall
be made.
E.
Fire protection. Notwithstanding the provisions of
fire codes and recommendations of fire personnel, the following shall
apply:
(1)
On all sites in excess of 10,000 square feet of building
area, fire aisles shall be provided adjacent to all exposures of buildings.
No automobile parking shall be permitted between the fire aisle and
the building, except that parcel pickup areas will be permitted, provided
that the designated area does not exceed 1/3 of the frontage of an
individual business establishment. Pedestrian walkways and truck loading
zones will be permitted between the fire aisle and the buildings.
(2)
All fire aisles shall be a minimum of 30 feet in width.
(3)
No portion of a structure shall be more than 600 feet
from a fire hydrant where municipal waterlines exist.
(4)
Prior to the holding of any public hearing on any
application for major subdivision or major site plan approval, the
applicant shall notify the Independence Township Volunteer Fire Department
and provide copies of all relevant documents for the review and comment
of such Fire Company and, prior to construction, furnish to the Fire
Company six copies of a general plat of such application on eight-and-five-tenths-by-eleven-inch
paper, in notebook form, with all road names and water supply points
clearly delineated, suitable for use to assist in locating such development
or locations therein under emergency circumstances.
[Added 10-13-1989 by Ord. No. 89-19]
(5)
Prior to the issuance of a certificate of occupancy
for any major subdivision or major site plan or any part thereof,
the applicant shall contact the Independent Volunteer Fire Company
and permit such Fire Company to inspect and familiarize their personnel
with the site unless the Fire Company determines that there is no
necessity for any such inspection.
[Added 10-13-1989 by Ord. No. 89-19]
F.
Landscaping.
(1)
All areas shall be temporarily and permanently stabilized
from erosion.
(2)
All unpaved areas shall be attractively landscaped.
(3)
Shade trees shall be provided within a five-foot strip
at seventy-five-foot intervals along the street right-of-way line.
Trees shall be one of the following type: sugar maple, Norway maple,
pin oak or other type as approved by the Board.
G.
Variations in design.[2]
[Added 7-12-1988 by Ord. No. 88-16]
(1)
The purpose of this subsection is to provide a variation
in design in the construction of new dwellings and to promote a desirable
visual environment through creative development techniques and good
civic design and arrangements.
(2)
Building permits will not be issued for any new dwelling
to be constructed in a subdivision consisting of one or more dwellings
unless the exterior designs are substantially different in appearance
from any contiguous, adjacent or nearby dwelling within 500 feet or
within two conforming lots within the particular zone, whichever distance
is greater, of the proposed dwelling and measured in either direction
along the road frontage upon which the proposed dwelling is to be
constructed. Said five-hundred-foot distance between dwellings shall
include dwellings situated on the opposite side of the road or, in
the case of intersecting streets, 500 feet from any intersection.
Proposed dwellings shall be substantially different in design within
the distances outlined above. The distances outlined above shall be
measured from the exterior lot lines of the properties in question.
(3)
Further, notwithstanding the above distance requirements,
the developer must use a minimum of substantially different designs
as per the following schedule:
|
Number of Lots
|
Minimum of Substantially
Different Designs
| |
|---|---|---|
|
3 to 7
|
3
| |
|
8 to 15
|
4
| |
|
16 to 25
|
5
| |
|
26 to 40
|
6
| |
|
41 to 80
|
7
| |
|
80 and above
|
8
|
(4)
For the purposes of this subsection, "substantially
different" shall mean that a proposed dwelling must incorporate four
major changes in design, which major changes shall differentiate said
dwelling from other dwellings situated within the distances delineated
above. "Major changes" shall mean and include but not necessarily
be limited to:
(5)
The developer shall submit architectural drawings,
which incorporate the proposed exterior designs as outlined above,
for the Board's review as part of the developer's preliminary application.
For purposes of this article, the developer may submit architectural
drawings to the Board which incorporate changes other than those outlined
above for review, and it shall be the discretion of the Board to determine
if said designs constitute substantially different major changes in
order to conform to the above article.
(6)
It is not the intent or purpose of this article to
suggest that a developer should propose a development which includes
more than one basic architectural style in a single development, i.e.,
colonials mixed with Tudors or ranches or Cape Cods, etc., and the
same is to be discouraged in that to mix said designs would be less
aesthetically pleasing and acceptable than a basic architectural styling
theme with the major changes noted above.
A.
Design standards. The developer of a garden apartment
development shall observe the following requirements and principles
in the design of the development:
(1)
No dwelling structure shall be more than two stories
above grade level and contain more than two floors of living area.
(3)
Only bedrooms may be used as sleeping quarters.
(4)
No apartment unit shall be allowed which is not defined
herein.
(5)
No building structure shall be located within 65 feet
of any public street or highway. Every building or structure shall
have a minimum setback of 30 feet from any interior development roadway
and shall have a minimum setback of 60 feet from adjoining property
lines bounding the development lot.
(6)
No dwelling structure shall be located within 60 feet
of another such structure.
(8)
Not more than 20% of the total number of apartment
units within any garden apartment development shall be of the two-bedroom
type, and not less than 12% shall be of the efficiency type. Each
garden apartment dwelling structure shall contain a mixture of efficiency
units, one-bedroom units and two-bedroom units in rough proportion
to the above.
(9)
All stairways shall be constructed and contained within
the dwelling structure.
(10)
There shall be between each apartment unit a
soundproof fire wall.
(11)
The exterior of each dwelling structure wall
shall be of brick or stone facing or solid brick or stone.
(12)
There shall be no dwelling unit below the first
story of any structure.
(13)
No approval shall be granted for a garden apartment
development consisting of less than 30 apartment units.
(14)
No building structure shall contain more than
24 apartment units.
(15)
All interdevelopment roadways, driveways, parking
lots and sidewalks shall be paved.
(16)
If garages are to be provided, they must conform
to the same architectural design as the dwelling units.
(17)
Master television antennas shall be provided,
and no other antennas shall be permitted.
(18)
Any apartment unit which does not provide cross
ventilation shall be air conditioned.
(19)
Topsoil shall not be removed from the site during
construction but shall be stored and redistributed to areas within
the development most exposed to view by occupants and the public,
and such areas shall be stabilized against erosion by seeding and
planting.
(20)
All apartments shall have at least two walls
with 75% exposure to the outside for cross ventilation. Not more than
six dwelling units per story shall be permitted in any one building.
Nothing herein shall prohibit attachment of buildings to one another.
No building facade shall continue in the same plane for a length of
more than 80 feet without an offset of at least 10 feet, and, in any
case, all attached buildings shall be so arranged that when viewed
from any one direction the overall length (even though not at the
same plane) shall not exceed 240 feet. Not more than three buildings
shall be attached to one another.
B.
Garden apartment development health and safety regulations.
(1)
Unless both a public water supply and sewerage system
is available, the developer shall install either one or the other
as a central system serving all dwelling structures, as approved by
the Independence Municipal Utilities Authority and other required
governmental agencies.
(2)
At that time, a determination of the number of persons
who may safely use this system shall be made. This figure shall be
made a part of the occupancy permit.
(3)
Before any dwelling structure can be occupied, the
owner shall secure an occupancy permit from the Construction Code
Official. No occupancy permit shall be issued until the dwelling structure
has been completed and until all improvements are in place and functioning.
This permit shall identify by names or numbers the dwelling structures
covered as shown on the final plan as approved and, if a septic tank
system has been approved, shall state the number of persons for which
the central sewerage system has been approved.
(4)
The developer shall install as many fire hydrants
as may, in the opinion of the Fire Chief and Township Engineer, be
necessary to adequately protect each building structure.
(5)
Interior development roadways, driveways, parking
areas, dwelling entranceways and pedestrian walks shall be provided
with sufficient illumination to minimize hazards to pedestrians and
motor vehicles utilizing the same and shall, where necessary, be shielded
to avoid disturbing glare to occupants of buildings and shall be in
conformity with recommendations based on a survey by the New Jersey
Power and Light Company.
(6)
No refuse of any nature shall be burned on the premises.
A regular collection of garbage and refuse shall be provided by the
owner not less frequently than once per week, and adequate and sanitary
storage facilities for such material between collections shall be
provided.
(7)
Interior development roadways shall be not less than
30 feet wide and shall be so designated as to minimize hazards to
pedestrians and motor vehicles in and on said roadways and in areas
adjacent to said roadways.
(8)
Driveways to and from interior development roadways
shall be 20 feet in width.
(9)
No parking at any time shall be permitted on interior
development roadways.
(10)
Interior development roadways, driveways, parking
areas, steps and sidewalks shall be maintained in safe condition and
shall, in winter, be cleared and where necessary sanded.
(11)
Usable recreation areas. For any garden apartment
building or group of such buildings containing a total of more than
12 dwelling units, there shall be reserved and improved (in addition
to the minimum space between buildings and off-street parking space
herein required) a minimum space equivalent to 25% of the total land
area within the garden apartment house site for usable recreation
space, provided that no such contiguous usable recreation space shall
be smaller than two acres, except where a smaller area shall be approved
for limited purposes by the Land Use Board, and no building containing
dwelling units shall be more than 1,000 feet from the nearest usable
recreation space. Usable recreation space shall be approved for such
use by the Land Use Board incidental to site plan approval. In no
case shall swampy, poorly drained land or land with slope in excess
of 6% be approved for such purpose. No recreation area to be devoted
to and used for baseball or football fields, swimming pools, tennis
courts, children's playgrounds and the like shall be located within
200 feet of any public street line or 100 feet from the boundary of
any abutting property zoned for residential use. Swimming pools, ball
fields, play courts and other recreation facilities shall be confined
to these approved recreation areas. All lighting fixtures shall be
so designed, located and shielded that light radiating therefrom shall
be reasonably confined to the recreation areas. The recreation area
shall provide a minimum of 40 user days of recreational activity per
apartment per year.
[Amended 2-13-2007 by Ord. No. 2007-07]
(12)
Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines, other than street lines. Such buffer strips shall be a minimum of 25 feet in width and shall meet the requirements prescribed in § 255-88.
(13)
Screening. Wherever a garden apartment residential development shall abut a lot or lots developed by or subdivided for single-family detached homes, the buffer strip required in § 255-88 shall also contain screening, such as dense hedges, decorative fencing or landscaped earth berms, as further prescribed in § 255-88.
A.
Design standards. The developer of a senior citizen
— handicapped persons housing development shall observe the
following requirements and principles in the design of the development:
(1)
The minimum tract size for the development of senior
citizen housing shall be five acres.
(2)
No dwelling structure shall be more than two stories
above grade level and shall not contain more than two floors of living
area.
(3)
Taking the above tract as an entity, the following
standards shall be followed:
(4)
No building or structure shall be located within 45
feet of the public street or highway. Every building or structure
shall have a minimum setback of 45 feet from the adjoining property
lines of the development lot.
(5)
No building shall be closer than 25 feet to any other
buildings, except as allowed by the Land Use Board when this requirement
is waived for architectural considerations.
[Amended 2-13-2007 by Ord. No. 2007-07]
(6)
Each apartment unit shall contain a complete kitchen
facility, bathing facility and one bedroom as well as living space.
Only bedrooms may be used as sleeping quarters. Each apartment unit
shall have a minimum living area of 600 square feet and a maximum
living area of 700 square feet.
(7)
No approval shall be granted for a development consisting
of less than 24 living units.
(8)
No building structure shall contain more than eight
apartment units.
(9)
Interior roadways, driveways and parking areas shall
be constructed of a minimum of a three-inch bituminous-concrete stabilized
base course with a one-and-one-half-inch bituminous-concrete surface
course of a properly stabilized and compacted subbase.
(10)
Sidewalks shall be four feet in width and a
minimum of three inches of bituminous concrete upon a properly stabilized
and compacted subbase. Sidewalks can be defined as the pedestrian
thoroughfare running parallel to roadways, driveways and parking lots
and connecting to or being the principal access to and from the dwellings.
(11)
Off-street parking must be provided for with
a ratio of one parking space for every one apartment unit. No parking
will be allowed within 30 feet of the adjoining property lines bounding
the development lot.
(12)
If garages are to be provided, they must conform
to the same architectural design as the dwelling units.
(13)
A master antenna or cable service shall be provided.
(14)
Topsoil shall not be removed from the site during
construction but shall be stored and redistributed to areas within
the development most exposed to view by occupants and the public and
shall be stabilized against erosion by seeding and planting.
(15)
At no time shall the total number of senior
citizen handicapped units in all senior citizen — handicapped
persons housing developments, in any particular zone, exceed 25% of
the number of one-family dwellings in said zone.
(16)
No senior citizen — handicapped persons
housing development shall be contiguous to any other such development.
B.
Senior citizen — handicapped persons housing
development health and safety regulations.
(1)
A public water supply and sewerage system must be
available, and the developer shall install a collection system serving
all dwelling structures, as approved by the Independence Municipal
Utilities Authority and other required governmental agencies.
(2)
At that time a determination of the number of persons
who may safely use this system shall be made. This figure shall be
made a part of the occupancy permit.
(3)
Before any dwelling structure can be occupied, the
owner shall secure an occupancy permit from the Construction Code
Official. No occupancy permit shall be issued until the dwelling structure
has been completed and until all improvements are in place and functioning.
(4)
The developer shall install as many fire hydrants
as may be deemed necessary by the Fire Chief and Township Engineer
to adequately protect each building structure.
(5)
Interior development roadways, parking areas, driveways,
dwelling entranceways and pedestrian walks shall be provided with
sufficient illumination to minimize hazards to pedestrians and motor
vehicles utilizing the same and shall, where necessary, be shielded
to avoid disturbing glare to occupants of buildings and shall be in
conformity with the recommendations based on a survey by the Jersey
Central Power and Light Company.
(6)
Interior development roadways shall be not less than
24 feet wide and shall be so designed as to minimize hazards to pedestrians
and motor vehicles in and on said roadways and in areas adjacent to
said roadways.
(7)
Driveways to and from interior development roadways
shall be 22 feet in width.
(8)
No parking at any time shall be permitted on interior
development roadways.
(9)
Interior development roadways, driveways, parking
areas, steps and sidewalks shall be maintained in safe condition and
shall be cleared in winter and, where necessary, sanded.
(10)
Usable recreation areas. For any group of such
buildings there shall be reserved and improved by way of grading,
landscaping and seeding (in addition to the minimum space between
buildings and off-street parking space herein required) a minimum
space equivalent to 25% of the total land area within the site, for
usable recreation space.
[Added 3-14-2006 by Ord. No. 2006-04]
The following minimum design standards shall
be required for all site development within a ridgeline protection
area.
A.
CLEARING LIMIT RATIO
DIAMETER AT POINT OF MEASUREMENT
EXISTING TREE
LIMIT OF DISTURBANCE
TREE PROTECTION ZONE
VEGETATION
Definitions. The following definitions shall apply
for the purposes of this section.
Determined by dividing the area proposed to be disturbed
upon a lot or parcel by the total area of that lot, expressed as a
percentage and indicating the portion of the lot from which vegetation
is proposed to be removed.
The diameter of a tree measured 4 1/2 feet above the
ground level, measured on the down hill side when on a slope, and
abbreviated as DPM.
Any tree standing at the time of subdivision, site plan or
building permit application that has a DPM of eight inches or greater
for deciduous trees or height of six feet or greater (from the base
to the highest point) for nondeciduous trees.
The boundary line formed between all portions of the site
where land disturbance will occur and the existing natural area of
the property that will remain undisturbed.
An area in which no clearing of vegetation is permitted except
for construction of approved structures, buildings, roads, driveways,
sidewalks, drainage facilities, and utilities. Where clearing is permitted
for roads, driveways, sidewalks, drainage facilities and utilities,
it shall not exceed 35 feet in width or the width of the associated
easement or right-of-way, whichever is less, except for public road
rights-of-way, which may be cleared to allow for construction of a
road or lane in accordance with the residential site improvement standards.
Clearing for building lots shall be subject to lot clearing standards.
Any plant material, including native grasses or groundcover,
shrubs and trees.
B.
Performance standards. A tree protection zone within
the area of ridgeline protection shall be established for all lots
that have any portion of land area within a ridgeline protection area,
which tree protection zone shall be subject to the following limitations
and requirements:
(1)
The tree protection zone shall include all areas of
the ridgeline protection area. The boundary of the tree protection
zone shall be depicted and labeled on any subdivision map, site plan
or topographic plan submitted in accordance with the ridgeline protection
standards.
(2)
All areas within a tree protection zone, whether same
shall be wooded or nonwooded at the time of application, shall be
required to have located thereon a minimum of 12 trees per acre of
land within the tree protection area, after development, including
existing trees and proposed trees meeting the minimum size requirements
of an existing tree. Proposed trees shall be planted as specified
in a approved landscape plan as approved by the Land Use Board.
[Amended 2-13-2007 by Ord. No. 2007-07]
(3)
A tree conservation easement in a form acceptable
to the Land Use Board Attorney and the Township Attorney shall be
established for the area contained within the tree protection zone.
[Amended 2-13-2007 by Ord. No. 2007-07]
C.
Area, lot and bulk requirements. All lots with existing
or proposed structures and buildings contained within a ridgeline
protection area shall meet the minimum requirements as specified in
the Township of Independence Schedule of Limitations[1] and the following additional requirements:
(1)
A usable lot area shall be shown for each lot. It
shall be formed within the required building envelope and contain
an area formed by right angles (square) with each side being at least
100 feet in length. Such usable lot area shall be free of:
(a)
Easements that restrict development, including
but not limited to easements for conservation, tree protection, stormwater
detention/retention, critical slopes, utilities, and access; and
(b)
Wetlands and their transition areas and open
water bodies or courses as designated by NJDEP; and
(c)
Special flood hazard areas (FEMA designated
one-hundred-year special flood hazard areas);
(2)
A lot with a one-hundred-foot by one-hundred-foot
square within the building envelope, which is not free of such areas,
and was lawfully approved and created prior to adoption of this section,
is to be considered a conforming lot with respect to this provision.
(3)
Any principal building shall be constructed within
the usable lot area.
(4)
The maximum impervious building and lot coverage for
any lot having a portion or all of its area within the ridgeline protection
area shall not exceed 50% of the coverage limit for the zone.
[1]
Editor's Note: The Schedule of Limitations
is located at the end of this chapter.
D.
Lot clearing limit ratio. All building lots contained
within a ridgeline protection area shall be subject to a maximum lot
clearing ratio of 20%.
E.
Lot clearing standards. The following standards shall
apply to all building lots contained within a ridgeline protection
area.
(1)
Notwithstanding the lot clearing limit ratio, no clearing
of vegetation is permitted beyond a street, right-of-way or within
a tree protection zone except as specified in the definition of a
tree protection zone.
(2)
Where lot clearing is permitted it shall be confined
to the construction of lot improvements limited to structures and
buildings, driveways, utility service lines, drainage facilities,
and lawn areas.
(3)
The subdivision or site plan shall include a table
with calculations of clearing limit rations and area of disturbance.
A limit of disturbance line shall be drawn and labeled for each effected
lot.
F.
Nonwooded area planting. In all instances where the
Board determines that proposed building lots are located in nonwooded
or sparsely wooded areas of a ridgeline protection area, the following
standards shall apply:
(1)
Trees having a caliper three feet above the ground
base of 2.5 inches or greater DPM if deciduous or six feet high at
time of planting for evergreen trees shall be planted in such nonwooded
or sparsely wooded areas so that the lot area contained within a ridgeline
protection area has a minimum of 12 trees per acre post development.
(2)
The applicant shall calculate the required number
of trees to be planted by multiplying the area of ridgeline protection
area of the lot by 12. Any fractional amount shall be rounded up to
one additional tree. Credit will be given for any existing trees to
remain or replacement trees.
(3)
The variety and planting design shall be as approved
by the Land Use Board, but not less than 25% of all trees shall be
evergreen varieties.
[Amended 2-13-2007 by Ord. No. 2007-07]
(4)
The trees shall be planted prior to the issuance of
a certificate of occupancy on each building lot according to a landscape
plan approved by the Township Engineer prior to issuance of a building
permit. If weather conditions do not permit such planting, the developer
shall post a cash deposit with the Township equal to 120% of the amount
needed for such plantings, as determined by the Township Engineer.
If the developer does not cause the trees to be planted within six
months of the date of the issuance of the certificate of occupancy,
then the developer shall forfeit to the Township the entire cash deposit.
The Township shall use the cash deposit, or any portion thereof, to
purchase and install the required plantings and shall retain without
refund any excess cash deposit.
(5)
A plan shall be submitted providing for continuous
maintenance, including but not limited to watering, pruning, and pest
control shall be practiced on all such areas for a period of not less
than two years from the date of planting. A maintenance guaranty shall
be posted with the Township in a form acceptable to the Township Committee.
G.
Tree protection. All trees to remain within a tree
protection zone shall be protected from disturbance.
H.
Waiver of requirements. The applicant may request
relief, in the form of a waiver, for any standard contained in this
section. If a waiver is required, the applicant must demonstrate to
the Board's satisfaction the strict compliance with the design standard
will cause undue hardship on the applicant.
