Township of Independence, NJ
Warren County
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Table of Contents
Table of Contents
[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) 
Rights-of-way and pavement widths shall be determined and based upon the following table using average daily traffic (ADT) range with a trip generation rate for single-family homes equivalent to one trip at peak hour and 8.7 trips daily.
(a) 
Classification, arterial:
[1] 
ADT range: 800 to 3,000.
[2] 
Right-of-way: 50 feet.
[3] 
Pavement: 28 feet.
[Amended 10-13-1987 by Ord. No. 87-20]
[4] 
Shoulders: eight feet, improved.
(b) 
Classification, collector:
[1] 
ADT range: 200 to 800.
[2] 
Right-of-way: 50 feet.
[3] 
Pavement: 28 feet.
[Amended 10-13-1987 by Ord. No. 87-20]
[4] 
Shoulders: eight feet, improved.
(c) 
Classification, minor:
[1] 
ADT range: 75 to 200.
[2] 
Right-of-way: 50 feet.
[3] 
Pavement: 28 feet.
[Amended 10-13-1987 by Ord. No. 87-20]
[4] 
Shoulders: four feet, improved.
(d) 
Classification, other:
[1] 
ADT range: zero to 75.
[2] 
Right-of-way: 50 feet.
[3] 
Pavement: 28 feet.
[Amended 10-13-1987 by Ord. No. 87-20]
[4] 
Shoulders: four feet, improved.
(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:
(a) 
As to its application, said requirement is not in the public interest; or
(b) 
Said street is not within the developer's subdivision, and this improvement is not necessitated or required as a result of said subdivision, nor does said improvement benefit such subdivision.
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. 
Storm drainage.
(1) 
All site plans shall incorporate adequate storm drainage facilities in accordance with the Surface Water Management Ordinance of Independence Township.[1]
[1]
Editor's Note: See now Ch. 339, Stormwater Management.
(2) 
Driveways entering onto Township roads shall provide stormwater facilities to prevent runoff from entering the traveled way of the roadway. Where necessary, inlets or trench drains shall be utilized at the driveway/roadway intersections.
C. 
Parking lot layouts.
(1) 
Parking spaces shall be provided in accordance with § 255-92E of the Zoning Ordinance.
(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:
(a) 
Driveways shall be separated from parking stalls and aisles by raised curbed islands which shall be a minimum of five feet wide.
(b) 
In every fifth row of parking, the opposing stalls shall be separated by raised curbed islands which shall be a minimum of four feet wide.
(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:
(a) 
Location of garage, portico, breezeway or decks.
(b) 
Location, size and type of windows and doors.
(c) 
Type, design and pitch of roofs, heights of eaves and peaks, together with type, color and pattern of roofing materials.
(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.
[2]
Editor's Note: See also Ch. 130, Architectural Review.
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.
(2) 
Taking the above tract as an entity, the following standards shall be followed:
(a) 
Tract coverage by building structures shall not exceed 10%.
(b) 
The number of apartment units shall not exceed eight times the number of acres in the tract.
(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.
(7) 
Each apartment unit shall have a minimum living area in accordance with the following schedule:
(a) 
Efficiency apartment unit: 440 square feet.
(b) 
One-bedroom apartment unit: 700 square feet.
(c) 
Two-bedroom apartment unit: 900 square feet.
(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:
(a) 
Tract coverage by building structures shall not exceed 20%. Accessory buildings shall be excluded in the coverage calculations.
(b) 
The number of apartment units shall not exceed eight times the number of acres in the tract or 120 units, whichever is less.
(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.
(11) 
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.
[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. 
Definitions. The following definitions shall apply for the purposes of this section.
CLEARING LIMIT RATIO
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.
DIAMETER AT POINT OF MEASUREMENT
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.
EXISTING TREE
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.
LIMIT OF DISTURBANCE
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.
TREE PROTECTION ZONE
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.
VEGETATION
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.