The regulations contained in this article are deemed necessary to achieve the following objectives:
A. 
To encourage attractive and efficient development of one or more lots with particular emphasis on the location of existing and proposed buildings, parking, circulation, drainage, utilities, landscaping, buffers and signs.
B. 
To enhance and improve the man-made and natural environment through the retention of open spaces, woodlands, waterways, wetlands, trees and other natural vegetative cover and to prevent erosion, flooding, silting and removal or displacement of land.
C. 
To encourage innovative and attractive techniques in design, technology and administration.
D. 
To provide a review and coordination procedure which clearly defines the role of public and private interests, as well as standards to be enforced.
[Amended 9-22-2008 by Ord. No. 7-08; 8-9-2010 by Ord. No. 5-10; 4-12-2018 by Ord. No. 02-2018]
A. 
Except as provided herein, no construction permit shall be issued for any development unless a site plan is first submitted and approved by the Planning Board.
B. 
No certificate of occupancy shall be issued unless the applicant has complied with all conditions of site plan approval.
C. 
A new site plan shall be submitted for every change of occupancy or use, except where the proposed activity is substantially the same as the previous occupancy or site plan approval has been previously obtained.
D. 
Exemptions.
(1) 
Site plan review shall not be required for single- or two-family dwellings when used solely for residential purposes or for such accessory uses as a private garage, toolhouse, gardens and private greenhouses, swimming pools and other similar uses incidental to a single-family detached dwelling.
(2) 
Site plan review shall not be required where:
(a) 
Minor repairs to the interior of a building do not involve structural change or enlargement of the building, as determined by the Construction Official.
(b) 
Renovations or alterations to the exterior design of a building or structure do not involve any enlargement of the building or major structural change as determined by the Construction Official.
(c) 
The cost of construction, reconstruction or other improvement is less than $5,000.
(3) 
Wireless telecommunications collocation site plan waiver.
(a) 
M.L.U.L. wireless communications equipment collocation pursuant to N.J.S.A. 40:55D-46.2.
[1] 
An application for development to collocate wireless communications equipment on a wireless communications support structure and/or in an existing equipment compound in accordance with N.J.S.A. 40:55D-46.2 shall not be subject to site plan review in accordance with the following provisions:
[a] 
The wireless communications support structure shall have been previously granted all necessary approvals by the appropriate approving authority;
[b] 
The proposed collocation shall not increase:
[i] 
The overall height of the wireless communications support structure by more than 10% of the original height of the wireless communications support structure;
[ii] 
The width of the wireless communications support structure; or
[iii] 
The square footage of the existing equipment compound to an area greater than 2,500 square feet.
[c] 
The proposed collocation complies with the final approval of the wireless communications support structure and all conditions attached thereto and does not create a condition for which variance relief would be required pursuant to P.L. 1975, c.291 (N.J.S.A. 40:55D-1 et seq.), or any other applicable law, rule or regulation.
[2] 
For purposes of this subsection, the following definitions apply:
COLLOCATE
To place or install wireless communications equipment on a wireless communications support structure.
EQUIPMENT COMPOUND
An area surrounding or adjacent to the base of a wireless communications support structure within which is located wireless communications equipment.
WIRELESS COMMUNICATIONS EQUIPMENT
The set of equipment and network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cabling, and coaxial and fiber optic cable, but excluding wireless communications support structures.
WIRELESS COMMUNICATIONS SUPPORT STRUCTURE
A structure that is designed to support, or is capable of supporting, wireless communications equipment, including a monopole, self-supporting lattice tower, guyed tower, water tower, utility pole, or building.
[3] 
Submission requirements.
[a] 
An applicant pursuant to N.J.S.A. 40:55D-46.2 shall submit an application, plans and documents for a proposed wireless communications equipment collocation and site plan exemption identifying existing equipment compound, wireless communications equipment, wireless communications support structure at the site and the proposed collocation installation, modifications with all equipment and components to the Hampton Borough Zoning Officer for review and confirmation that the proposed collocation conforms to the requirements of § 115-99C(1)(a)[1] through [3].
[b] 
Application fee: The applicant shall submit an application fee pursuant to § 157-7.
[c] 
Escrow fee: The applicant shall establish an escrow account and deposit the required fee pursuant to § 157-7.
[d] 
Copies of all Hampton Borough approvals granted for the existing tower, structure(s), antennas, compound, equipment cabinets, landscaping, utilities, etc. shall be submitted to the Zoning Officer.
[e] 
Plans and specifications identifying existing equipment compound, wireless communications equipment, wireless communications support structure and proposed collocation wireless communications equipment and improvements at the collocation wireless communications facility shall be submitted to the Zoning Officer. Plans and specifications shall identify the owner/operator/responsible party for each wireless communications installation on site, including equipment compound, wireless communications equipment, wireless communications support structure, etc. The plans and specifications shall be fully dimensioned and appropriately scaled for the Zoning Officer to confirm existing and proposed equipment compound, wireless communications equipment, wireless communications support structure and compliance with each of the provisions of §§ 157-68D(3)(a) and N.J.S.A. 40:55D-46.2.
[4] 
Application review.
[a] 
Within 10 days of receipt of an application for a proposed wireless communications equipment collocation and site plan exemption, the Zoning Officer shall review the application and verify whether the proposed collocation application and submission documents are complete. The Zoning Officer shall inspect the proposed collocation wireless communications facility and verify the accuracy of plans and documents submitted and that the proposed collocation conforms to the requirements of § 157-68D(3)(a) above. The Zoning Officer may consult with the Borough or Board Engineer, Planner and Attorney in the review of the application and submission documents and conduct of inspections. All costs associated with application review shall be paid by the applicant in accordance with N.J.S.A. 40:55D-53.2.
[b] 
Upon finding that required plans and documents have been submitted and that the improvements at the proposed collocation wireless communications facility are completely and accurately detailed in the submission and that the proposed wireless communications equipment collocation conforms to each of the requirements of § 157-68D(3)(a) and N.J.S.A. 40:55D-46.2, the Zoning Officer shall issue a zoning permit and a letter to the applicant indicating that the proposed wireless communications equipment collocation and site plan exemption has been approved pursuant to N.J.S.A. 40:55D-46.2.
[c] 
A copy of a zoning permit and letter approving a wireless communications equipment collocation shall be provided to the Borough Council and Planning Board.
[d] 
The provision of this section may not be combined with the provision of § 157-68D(3)(b) to determine the eligibility of a proposed collocation installation under the provisions of this section and N.J.S.A. 40:55D-46.2.
(b) 
Existing tower or base station modification/eligible facilities request site plan waiver pursuant to § 6409 of the Spectrum Act (codified at 47 U.S.C. § 1455) and FCC Rule § 1.40001.
[1] 
An eligible facilities request for a modification to an existing tower or base station pursuant to § 6409 of the Spectrum Act (codified at 47 U.S.C. § 1455) and FCC Rule § 1.40001 shall not be subject to site plan review in accordance with the following provisions:
[2] 
For purposes of this subsection, the following definitions apply:
BASE STATION
A structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower.
[a] 
The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
[b] 
The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
[c] 
The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this section, supports or houses equipment described in Subsection D(3)(b)[2][a] through [b] of this section that has been reviewed and approved under the applicable zoning process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
[d] 
The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section, does not support or house equipment described in Subsection D(3)(b)[2][a] through [b] of this section.
COLLOCATION
The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
ELIGIBLE FACILITIES REQUEST
Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
[a] 
Collocation of new transmission equipment;
[b] 
Removal of transmission equipment; or
[c] 
Replacement of transmission equipment.
ELIGIBLE SUPPORT STRUCTURE
Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the state or local government under this section.
EXISTING
A constructed tower or base station is existing for purposes of this section if it has been reviewed and approved under the applicable zoning process, or under another state or local regulatory review process is existing for purposes of this definition.
SITE
For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
SUBSTANTIAL CHANGE
A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
[a] 
For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater;
[i] 
Changes in height shall be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height shall be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.[1]
[b] 
For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
[c] 
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
[d] 
It entails any excavation or deployment outside the current site;
[e] 
It would defeat the concealment elements of the eligible support structure; or
[f] 
It does not comply with conditions associated with the local approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in § 1.40001(b)(7)(i) through (iv).
TOWER
Any structure built for the sole or primary purpose of supporting any FCC Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.
TRANSMISSION EQUIPMENT
Equipment that facilitates transmission for any FCC Commission-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services; as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
[1]
Editor's Note: See 47 U.S.C. § 1455.
(c) 
Review of applications. An eligible facilities request for modification of an eligible support structure that does not substantially change the physical dimensions of such structure shall be approved in accordance with the following procedures.
[1] 
Application and fees.
[a] 
An applicant pursuant to FCC Rule § 1.40001 shall submit an application, plans and documents identifying all existing base stations, support structures and transmission equipment and towers along with plans for an eligible facilities request to the Hampton Borough Zoning Officer for approval of an eligible facilities request that will not result in a substantial change pursuant to §§ 157-68D(3)(b)[2] above.
[b] 
Application fee. The applicant shall submit an application fee pursuant to § 157-7F(1).
[c] 
Escrow fee. The applicant shall establish an escrow account and deposit the required fee pursuant to § 157-7F(1).
[2] 
Documentation requirement for review. When an applicant asserts in writing that a request for modification is covered by this section, the applicant shall accompany its written request with the following information:
[a] 
Copies of all resolutions of approval and plans approved by the municipality for all existing licensed and unlicensed installation components, identifying existing and approved dimensions of base station, site, transmission equipment, and tower and/or eligible support structure.
[b] 
A plan, with sufficient graphics and detail depicting the proposed eligible facilities request, including and showing proposed dimensions for modifications to the base station, site (including leased or owned property surrounding the tower and any access or utility easements currently related to the site), transmission equipment and tower and/or eligible support structure. The plan shall be keyed to the statement provided pursuant to Subsection D(3)(c)[2][c] below and shall include details and dimensions for all existing licensed and unlicensed installation components pursuant to Subsection D(3)(c)[2][a] above and clearly distinguishing existing facilities from the eligible facilities request. Ownership for all non-eligible-facilities-request components of the base station, site (including leased or owned property surrounding the tower and any access or utility easements currently related to the site), transmission equipment and tower and/or eligible support structure shall be detailed on the plans and keyed to an analysis of existing facilities provided pursuant to Subsection D(3)(c)[2][c] below.
[c] 
A statement documenting that the proposed eligible facilities request is not a substantial change pursuant to the limitations set forth in § 1.40001(b)(7) (see definition of "substantial change" in definitions above), which shall be keyed to the plan provided pursuant to Subsection D(3)(c)[2][b] above and which shall be sufficiently detailed to demonstrate how each of the criterion set forth in § 1.40001(b)(7) is satisfied so as not to constitute a substantial change. The statement shall include an analysis that compares dimensions of existing facilities to the proposed eligible facilities request, which shall identify ownership of all approved existing facilities.
[d] 
If the original approval and/or subsequent approvals granted for the existing site and associated facilities thereon included concealment elements, including base station structures, fencing, landscaping, or conditions to mitigate visual impact analysis, the applicant shall provide a plan identifying each component thereof and a narrative description of how the approved concealment elements shall not be defeated by the proposed eligible facilities request. If any of the concealment provisions of prior approvals require maintenance and/or replacement, the eligible facilities request shall include a proposal setting forth proposed maintenance and/or replacement accordingly.
[e] 
The application shall include a detailed list of all conditions of approval for the original approval and/or subsequent approvals granted for the existing site and associated facilities thereon. The list shall be accompanied by a statement explaining how the proposed eligible facilities request is consistent with each condition of approval previously granted. The application for the proposed eligible facilities request shall include a proposal to address each prior condition of approval that reasonably applies to the application.
[3] 
Time frame for review. Within 60 days of the date on which an applicant submits a request seeking approval under this section, the state or local government shall approve the application unless it determines that the application is not covered by this section.
[4] 
Tolling of the time frame for review. The sixty-day period begins to run when the application is filed, and may be tolled only by mutual agreement or in cases where the reviewing state or local government determines that the application is incomplete.
[a] 
To toll the time frame for incompleteness, the reviewing state or local government must provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information. Such delineated information is limited to documents or information meeting the standard under Subsection D(3)(c)[2] of this section.
[b] 
The time frame for review begins running again when the applicant makes a supplemental submission in response to the state or local government's notice of incompleteness.
[c] 
Following a supplemental submission, the state or local government will have 10 days to notify the applicant that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this Subsection D(3)(c)[4]. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
[5] 
Failure to act. In the event the Zoning Officer fails to approve or deny a request seeking approval under this section within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the applicable reviewing authority in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
[6] 
Remedies. Applicants and reviewing authorities may bring claims related to Section 6409(a) of the Spectrum Act (codified at 47 U.S.C. § 1455) to any court of competent jurisdiction.
A. 
In addition to referral of site plans to other agencies required by law to review site plans, the Planning Board may refer site plans to any other federal, state, county, local, private or quasi-public agencies for their recommendations within their particular fields of expertise.
B. 
An application for review and approval of site plan requiring the approval of the Hunterdon County Planning Board shall comply in all respects with the Hunterdon County Planning Board standards, specifications and procedures.
[Added 9-22-2008 by Ord. No. 7-08]
A. 
Whenever site plan review is required, review may proceed as a minor site plan if the development meets the standards set forth in Subsection B below.
B. 
Classification as minor site plan.
(1) 
A development requiring site plan review shall be eligible for classification as a minor site plan if all of the following conditions are satisfied:
(a) 
It does not involve a planned development (N.J.S.A. 40:55D-6);
(b) 
There are no new streets being created; and
(c) 
There is no extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42.
(2) 
In addition to these conditions presently mandated by law, minor site plan classification shall be available if all of the following conditions are satisfied:
(a) 
The application for development involves only one lot;
(b) 
The lot contains an existing principal structure which will not be razed; and
(c) 
The estimated cost of the site improvements shall not exceed $10,000, based upon a good-faith estimate from the applicant, containing a list of the proposed site improvements.
(3) 
If these conditions are satisfied, the application shall be referred to the Site Plan Review Committee for consideration. If the Committee determines that the proposed development would have a significant adverse impact upon neighboring properties, traffic patterns or other environmental or public safety concerns, minor site plan classification shall be denied, and the application shall proceed under the provisions of major site plan review.
(4) 
Notwithstanding classification as a minor site plan, the full Planning Board shall, for good cause, be entitled to require the applicant to adhere to any major site plan standards that may not be applicable to a minor site plan review.
C. 
A development which does not qualify for minor site plan review shall be classified as a major site plan and comply with the provisions of § 157-70 of the Code.
[Added 9-22-2008 by Ord. No. 7-08]
A. 
Minor site plan sketch plats shall contain the information and meet the standards set forth below:
(1) 
Plats shall be drawn to a scale of not less than one inch equals 50 feet.
(2) 
The location of existing buildings on the site and all other structures, such as walls, fences, culverts, bridges, roadways, etc., shall be set forth.
(3) 
The location and dimensions of any proposed new accessory structures, with setback/sideback notations. Structures to be removed shall be indicated by dashed lines.
(4) 
The actual scale used and a North arrow.
(5) 
The location, dimensions and details of signs.
(6) 
The location and names of all public or private roads abutting or within the boundaries of the property.
(7) 
The location of any easements other than utility easements which serve the property.
(8) 
The location of the septic system, any wells on the property and public water lines.
(9) 
All means of vehicular ingress and egress to and from the site onto roads, showing the size and location of driveways and traffic controls.
(10) 
Sidewalks and curbs together with the dimensions of parking stalls and the direction of traffic flow and other circulation elements.
(11) 
The locations, direction of illumination, power and time of existing and proposed outdoor lighting.
(12) 
The existing and proposed screening and landscaping features.
(13) 
Such other information or data as the applicant may believe that the Planning Board may need in order to determine that the details of the site plan are in accordance with the standards of the Borough of Hampton.
B. 
An applicant for minor site plan approval shall be provided with a cover sheet for the purpose of filling in the following information:
(1) 
The applicant's name;
(2) 
The property address;
(3) 
The tax lot and block numbers;
(4) 
The zone designation;
(5) 
The name of the property owner;
(6) 
The date the plan was prepared;
(7) 
Any revision dates;
(8) 
The consent of the owner;
(9) 
A certification of accuracy; and
(10) 
The name, address, phone number and profession and license number of the plat's preparer.
C. 
The applicant shall also be provided with an end sheet for the location of the necessary approvals.
[Added 9-22-2008 by Ord. No. 7-08]
If an applicant for minor site plan approval submits all of the required materials three weeks in advance of the regular Planning Board meeting, the application shall first be reviewed by the Site Plan Committee. If that Committee determines that the application is complete and qualifies as a minor site plan, then the full Planning Board may grant approval at its next meeting.
A. 
Procedure.
(1) 
An applicant for site plan approval shall submit to the Planning Board Secretary at least two weeks prior to a regular meeting the following:
(a) 
The required number of copies of the application, three copies.
(b) 
The required number of copies of the sketch plan, 11 copies.
(c) 
A receipt of taxes paid, one copy.
(d) 
Proof of submission to the Soil Conservation Service, a letter.
(e) 
Proof of submission to the County Planning Board, a letter.
(f) 
Proof of submission to the County Department of Health, a letter.
(g) 
The required fees.
(2) 
In the event that the applicant is not the owner of the property, a notarized letter from the owner authorizing submission of the application shall be included.
(3) 
The applicant, if a corporation or a partnership, shall submit, if applicable, a statement as to stockholders or partners in accordance with Chapter 336 of the Laws of 1977 (N.J.S.A. 40:55D-48.1 to 40:55D-48.4).
B. 
Distribution. At the regular meeting when the application is accepted as complete, the Planning Board Secretary shall refer copies of the plat and other materials to the Site Plan Review Committee, Borough Engineer and Environmental Commission for review and recommendations.
C. 
Reports by other boards or agencies. Written reports by other boards or agencies as required by this section or requested by the Planning Board shall be received by the Planning Board, provided that such boards and/or agencies shall report within 20 days from the date of submission to said board or agency to review and comment on the same.
A. 
The Planning Board shall review the application at a public meeting after all reports have been submitted.
B. 
At a public meeting of the Planning Board and within 45 days of submission of a complete application for a site plan of 10 acres or less, and 10 dwelling units or less, or 95 days for a site plan in excess of 10 acres, or more than 10 dwelling units, or within a mutually agreed upon time extension, the Planning Board shall approve, conditionally approve or disapprove the site plan.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The reasons for disapproval or the requirements of any conditional approval shall be set forth in the written minutes of the Planning Board, and the applicant shall be notified, in writing, within 10 days of said action. A notice of this decision shall be advertised as provided in this chapter.
D. 
If the Planning Board required any substantial amendment to the layout or there have been improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application for development. If by motion of the Planning Board a change or changes are considered minor in nature, approval may be given subject to the submission of an amended site plan indicating the changes.
E. 
Amended site plan applications. Amended site plan applications shall be filed with the Planning Board and shall be considered at the next regular meeting date of the Planning Board, provided that the amended application is received no less than 10 working days before said meeting date and said amendments are minor in nature as determined by the Construction Official.
A. 
All proposed improvements or development indicated on the approved site plan map shall meet the requirements of all applicable codes, ordinances and specifications of the Borough, county, state or federal governments and other agencies with jurisdiction over matters pertaining to site development.
B. 
Variations. The Construction Official and/or the Borough Engineer may authorize minor variations in the site plan caused by field conditions and shall notify the Planning Board of such variations.
C. 
Site plan binding. The site plan, as approved by the Planning Board, shall be binding upon the applicant. Any changes from the approved plan shall require resubmission and reapproval by the Planning Board except as provided in § 157-68D(2) hereof. Site plan approval shall remain in effect for a period of two years from the date of approval. The Planning Board, upon request from the applicant, may for good and sufficient reason extend this time period. In the event that a particular facility is to be constructed in stages, a site plan for each particular stage shall be required for the issuance of each building permit.
D. 
Revocation of construction permit or certificate of occupancy. In the event of a failure to comply with any condition of site plan approval, the Construction Official, on his own initiative or at the direction of the Planning Board or the Borough Council, may revoke the construction permit or certificate of occupancy, as the case may be, and seek to enjoin the violation or take such other steps as permitted by law.
A. 
Improvements.
(1) 
The Planning Board may require the installation or construction of necessary on-site and/or off-tract improvements. In the event that site improvements are required, the procedures, standards, inspection fees, performance guaranties and maintenance guaranties shall be governed by Article III.
(2) 
In the event that site plan approval is conditioned upon improvements, the applicant may apply for preliminary approval and post the necessary bonds or install the improvements prior to the granting of final approval. No certificate of occupancy shall be issued until final site plan approval is granted and all conditions of final site plan approval have been complied with.
B. 
Effect of preliminary approval of site plan. The applicant shall be entitled to all the rights set forth in the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C. 
Effect of final approval of site plan. The applicant shall be entitled to all the rights set forth in the Municipal Land Use Law.
A. 
All applications for site plan approval shall be prepared by a professional engineer, land surveyor, architect or planner and shall be drawn to a scale of not less than one inch equals 50 feet, except as may be otherwise authorized by the Planning Board.
B. 
All site plans shall comply with the requirements hereinafter set forth and shall contain the following information and date. The Planning Board may waive submission of any of the following:
(1) 
The date of the site plan. All revisions shall be noted and dated.
(2) 
The layout of proposed building or structures, including elevation plan.
(3) 
A key map, showing the locations of the tract with reference to surrounding areas and existing street intersections.
(4) 
The title of development, North arrow, scale, block and lot number, name and address of record owner and the name and address, license number and seal of person preparing the site plan. If the owner is a corporation, the name and address of the president and the secretary shall be submitted with the application.
(5) 
The location, dimensions and details of signs.
(6) 
Lot line dimensions, in feet and decimals of a foot, and all bearings, given to the nearest 10 seconds. The error of closure shall not exceed one in 10,000.
(7) 
Zone boundaries shown on the site plan as they affect the parcel. Adjacent zone districts within 200 feet shall also be indicated. Such features may be shown on a separate map or as a key map on the detail map itself.
(8) 
Property boundaries, required buildings or setback lines and lines of existing streets, lot reservations, easements and areas dedicated to public use, including grants, restrictions and rights-of-way.
(9) 
A map or copy of any covenants, deed restrictions or exceptions that are in effect or are intended to cover all or any of the tract.
(10) 
All distances as measured along the right-of-way lines of existing streets abutting the property to the nearest intersection with any other public street.
(11) 
The location of existing and proposed buildings on the site and all other structures, such as walls, fences, culverts, bridges, roadways, etc., with spot elevations of such structures. Structures to be removed shall be indicated by dashed lines.
(12) 
The location of all existing and proposed storm drainage structures and utility lines, whether publicly or privately owned, with pipe sizes, grades and direction of flow, and if any existing utility lines are underground, the estimated location of said existing underground utility lines.
(13) 
The existing contours, with intervals of two feet where slopes are less than 10%, referred to United States Coast and Geodetic data or other references system as may be required by the Borough Engineer and to be indicated by a solid line. Where any changes in contours are proposed, finished grades should be shown as dashed lines or as may be required as a separate proposed grading plan.
(14) 
The location of existing rock outcrops, high points, watercourses, depressions, ponds, marshes, wooded areas and other significant existing features, including previous flood elevations of watercourses where available, ponds and marsh areas as may be determined by survey.
(15) 
All means of vehicular ingress and egress to and from the site onto roads, showing the size and location of driveways and curb cuts, including roadways, traffic channels, acceleration and deceleration lanes, additional width and other traffic controls which may be required. Improvements, such as roads, curbs, sidewalks and other design elements, shall be indicated, including design details, dimensions of parking stalls, access aisles, curb radii, direction of traffic flow and other circulation elements.
(16) 
The proposed locations, direction of illumination, power and time of proposed outdoor lighting, including the type of standards to be employed, radius of light and intensity in footcandles.
(17) 
The proposed screening and landscaping and a planting plan indicating natural vegetation to remain and areas to be planted and the size and type of vegetation to be utilized.
(18) 
Such other information or data as may be required by the Planning Board in order to determine that the details of the site plan are in accordance with the standards of the Borough of Hampton.
(19) 
Legends, indicated on the site plan. The following legends shall be indicated on the site plan:
(a) 
To be signed before submission:
I CONSENT TO THE FILING OF THIS SITE PLAN WITH THE PLANNING BOARD OF THE BOROUGH OF HAMPTON.
   Owner
Date
(b) 
To be completed before submission:
SITE PLAN OF
LOT ___________ BLOCK
ZONE
APPLICANT
ADDRESS
(c) 
To be signed before submission:
I HEREBY CERTIFY THAT I HAVE PREPARED THIS SITE PLAN AND THAT ALL DIMENSIONS AND INFORMATION ARE CORRECT.
Name
   Title and License No.
(d) 
To be signed before issuance of a building permit:
APPROVED BY THE PLANNING BOARD OF THE BOROUGH OF HAMPTON.
   Date
   Chairman
(e) 
To be signed before Planning Board approval is given:
I HAVE REVIEWED THIS SITE PLAN AND CERTIFY THAT IT MEETS ALL CODES AND ORDINANCES UNDER MY JURISDICTION.
   Date
   Borough Engineer
(f) 
To be signed before issuance of a building permit:
I HEREBY CERTIFY THAT ALL REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED.
   Borough Engineer
   Construction Official
(g) 
To be signed prior to issuance of certificate of occupancy:
I HEREBY CERTIFY THAT ALL OF THE REQUIRED IMPROVEMENTS OF THIS SITE PLAN HAVE BEEN INSTALLED IN COMPLIANCE WITH ALL APPLICABLE CODES AND ORDINANCES OR THAT A PERFORMANCE GUARANTY HAS BEEN POSTED IN ACCORDANCE WITH THE CODE OF THE BOROUGH OF HAMPTON.
   Date
   Borough Engineer
   Date
   Construction Official
CERTIFICATE OF OCCUPANCY ISSUED
   Date
   Construction Official
In reviewing any site plan, the Planning Board shall review and consider:
A. 
Pedestrian and vehicular traffic movement within and adjacent to the site, with particular emphasis in the provision and layout of parking areas, off-street loading and unloading and movement of people, goods and vehicles from access roads, within the site, between buildings and between buildings and vehicles. The Planning Board shall ensure that all parking spaces are usable and safely and conveniently arranged and adequately marked. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site.
B. 
The design and layout of buildings and parking areas to be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection, impact on surrounding buildings and lands and environmental and ecological consideration.
C. 
Adequate lighting, provided to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be of a type approved by the Planning Board. Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties.
D. 
Buffering, where required, located around the perimeter of the site to minimize headlights of vehicles, noise, light from structures and the movement of people and vehicles and to shield activities from adjacent properties. Buffering may consist of fencing, evergreens, shrubs, bushes, deciduous trees or combinations thereof to achieve the stated objectives.
E. 
Landscaping, provided as part of the overall site plan designed and integrated into building arrangements, topography and parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative manner.
F. 
Signs, designed so as to be aesthetically pleasing and harmonious with other signs on the site and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.
G. 
Storm drainage, sanitary waste disposal and water supply. Particular emphasis shall be given to the adequacy of existing systems and the need for improvements, both on site and off site, to adequately carry runoff and sewage and to maintain an adequate supply of water at sufficient pressure.
H. 
Solid waste disposal, to ensure frequent collection, vermin and rodent protection and aesthetic considerations. All systems shall meet municipal specifications as to installation and construction.
I. 
That soil erosion and sedimentation control meet the standards established in the Hunterdon County Soil Conservation District, and all plans shall be approved by the Soil Conservation District.
A. 
The requirements contained elsewhere in this chapter as they relate to circulation, performance standards, location of structures, setbacks, yards, bulk, height and coverage shall apply to site plan approval.
B. 
The design criteria established in Article III shall apply, where appropriate, to site plan approval.
C. 
Construction requirements for the handicapped established by the state shall apply to all site plans.
A. 
Driveway dimensions shall be designed to adequately accommodate the volume and character of vehicles anticipated. The following criteria shall be utilized in determining the length of depressed curbs and curb return radii, locations and site distances, subject to particular requirements as to circulation design:
Land Use
Depressed Curb
(feet)
Curb Return Radius
(feet)
Commercial, industrial, office
1-way
35 to 50
35 minimum
2-way
50 to 70
45 maximum
Service stations
1-way
35 to 50
20 minimum
2-way
50 to 60
35 maximum
B. 
Minimum sight distance. Any driveway providing access to a public or private street shall be so designed in profile and grading and shall be so located to permit the following minimum sight distances, measured in each direction, along the intersecting street. Measurement shall be made from the driver's seat of a vehicle standing on that portion of the exit driveway, with the front of the vehicle a minimum of 10 feet behind the edge of the paved right-of-way, and with the height of the eye on 3.75 feet to the top of the object 4.5 feet above the pavement:
Maximum Allowable
Speed on Road
(mph)
Required Sight Distance
(feet)
25
300
30
350
35
425
40
475
45
525
50
600
C. 
Minimum distances between driveways. Where two or more driveways connect a single site to any public or private road or individual driveways serve separate and adjoining sites, a minimum clear distance of 50 feet measured along the right-of-way line shall separate the closest of any two such driveways.
A. 
The Planning Board, in its discretion, may require roadway widening or other street improvements, including acceleration and deceleration lanes. Where such determination is made, the following minimum standards shall be applicable:
Acceleration Lanes
(feet)
Deceleration Lanes
(feet)
Legal Speed Limit
(mph)
Full Length
Taper
Full Length
Taper
25 to 39
200
150
150
200
40 to 49
350
200
200
250
50 or more
450
250
250
300
B. 
The area behind the taper shall be cleared of all obstructions, for an appropriate distance from the center line of the road, which would present a hazard to vehicles approaching the pavement taper edge.
A. 
Required number of off-street parking spaces, for the following uses, shall be as follows:
Use
Required Parking Spaces
Automotive service stations
3 for each bay, plus 1 for each service vehicle
Banks and savings institutions
1 for each 100 square feet of floor area exclusive of service areas or 10 for each teller window, whichever is greater
Bowling lanes
5 for each lane
Churches and other places of worship
1 for each 3 seats or 1 for each 72 inches of seating space when benches rather than seats are used
Community buildings, social halls and places of public assembly
1 for each 2 seats, except where a specific amount of seating is undetermined; then 1 for each 75 square feet of assemblage area
Country clubs
1 for each 100 square feet of floor area occupied by all principal or accessory structures, except those used for parking purposes
Farm or garden produce sold on the premises
10
Funeral homes and mortuaries
10, plus 1 for each 50 square feet of floor area
Golf driving ranges
1 for each tee
Industrial uses
1 for each 300 square feet of floor area
Laboratory and research uses
1 for every 300 square feet of floor area
Medical or dental clinics or offices
4 for each doctor or dentist, plus 1 for each 100 square feet of floor area
Motels, hotels, and motor lodges
1 for each rental unit and, in addition, compliance with the requirements for each particular additional use located on the property, such as restaurants, eating and drinking establishments, retail stores and meeting rooms
Nursing homes
1 for each bed
Offices, other than medical or dental
1 for every 200 square feet of floor area
Residential dwellings
2 for each dwelling unit
Restaurants, eating and drinking establishments and catering halls
1 for each 2 1/2 seats
Retail stores, store groups, shops, etc.
1 for each 150 square feet of floor area where the floor area shall not exceed 2,000 square feet; 1 for each 175 square feet of floor area where the floor area shall exceed 2,000 square feet
Theaters
1 for each 3 seats
Wholesale establishment, warehouse and furniture stores
1 for each 500 square feet of floor area
NOTE: Off-street parking requirements for a combination of uses shall be computed separately and then added together to compute the total number of required parking spaces. In all questionable or doubtful cases or for uses not enumerated, the Planning Board shall determine the required number of spaces, utilizing as a standard the requirements for the uses which are specifically enumerated in this section.
B. 
Parking of commercial vehicles in residential areas. All commercial vehicles in excess of 10,000 pounds' gross weight are prohibited except if garaged. One truck of 10,000 pounds or less may be parked outside.
C. 
Location of stalls. No off-street parking or loading area shall be located in a minimum required front yard except for single-family structures.
D. 
Size of parking stalls. Each off-street parking space shall have an area of not less than 200 square feet exclusive of access drives or aisles and shall measure 10 feet in width by 20 feet in length (18 feet with overhang) and shall be of usable shape and condition. Where parking is of long-term duration, such as for office or industrial use, the Planning Board may authorize a reduction in stall width to nine feet. Parallel curb parking spaces shall measure eight feet in width and 24 feet in length. Except in the case of one-family dwellings, no parking area provided hereunder shall be established for fewer than three spaces.
E. 
Minimum and maximum grades in parking areas.
(1) 
Minimum and maximum grades in parking areas shall be as follows:
Type
Maximum Grade
(percent)
Minimum Grade
(percent)
Parking stalls and service aisles
5
1/2
Main approach walkways to buildings
4
1
Collector or other service walkways
6
1
Swales
10
2
Principal circulation aisles
6
1/2
Driveway entrances and exits up to 40 feet from the curbline
2
1/2
Driveway entrances and exits beyond 40 feet from the curbline
10
1/2
(2) 
Any vertical curve on a driveway connecting a street with a parking lot or area shall be designed to prevent the dragging of any vehicle's undercarriage.
F. 
Access. There shall be adequate provision for ingress and egress to all parking spaces. Access drives or driveways shall be not less than 15 feet for one-way travel and 24 feet wide for two-way travel. No driveway or access drive shall be closer than 50 feet to the road lot lines of any two intersecting streets on the same side of the street as the lot in question.
G. 
Size of aisles. The width of all aisles providing direct access to individual parking stalls shall be in accordance with the requirements set forth below. Only one-way traffic shall be permitted in aisles serving parking spaces placed at an angle other than 90°.
Parking Angle
(degrees)
Aisle Width
(feet)
0 (parallel parking)
12
30
12
45
13
60
18
90 (perpendicular parking)
25
H. 
Location in different zones. No access drive or driveway shall be located in any residential zone to provide access to uses other than those permitted in such residential zone.
I. 
Sidewalks and curbing. Sidewalks between parking areas and principal structures, along aisles and driveways and wherever pedestrian traffic shall occur shall be provided with a minimum width of four feet of passable area and shall be raised six inches or more above the parking area except when crossing streets or driveways. Guardrails and wheel stops permanently anchored to the ground shall be provided in appropriate locations. Parked vehicles shall not overhang or extend over sidewalk areas unless an additional sidewalk width of 2 1/2 feet is provided to accommodate such overhang.
J. 
Landscaping and drainage.
(1) 
Parking areas shall be suitably landscaped to minimize noise, glare and other nuisance characteristics as well as to enhance the environment and ecology of the site and surrounding area. Said parking areas shall have suitable drainage facilities as required by the Borough Engineer.
(2) 
Off-site drainage facilities and structures requiring enlargement, modification or reconstruction resulting in part from or totally as the result of the proposed development shall be subject to off-site improvement requirements and standards as established in this chapter.
(3) 
Lighting. All parking areas shall be lighted to provide a minimum of a total average illumination of 1 1/2 footcandles throughout the parking area. Such lighting shall be shielded in such a manner as not to create a hazard or nuisance to the adjoining properties or the traveling public.
(4) 
Markings and access. Parking stalls, driveways and aisles shall be clearly marked and delineated. The Planning Board may require certain areas be maintained for fire-fighting or other emergency purposes, and those areas shall be appropriately designated.
(5) 
Waiver of parking requirements. If any applicant can clearly demonstrate to the Planning Board or if the Planning Board determines that, because of the nature of the operation or use, the parking requirements of this section are unnecessary or excessive, the Planning Board shall have the power to approve a site plan showing less paved parking area than is required by this section; provided, however, that a landscaped area of sufficient size to meet the deficiency shall be set aside and reserved for the purposes of meeting future off-street parking requirements, in the event that a change of use or operation of the premises shall make such additional off-street parking spaces necessary.
A. 
In any zone, in connection with every building or building group, or part thereof, hereafter erected which is to be occupied by public, semipublic, industrial, office, laboratory or commercial uses there shall be provided and maintained, on the same lot with such building, at least one off-street loading berth for each 15,000 square feet of floor area.
B. 
Each loading space shall be no less than 12 feet in width, 50 feet in length and 14 feet in height and may not occupy any part of any required front, side or rear yard; provided, however, that on lots on which the rear yard abuts a limited access highway or a railroad, such loading space may occupy the rear yard up to the rear property line.
Off-street parking and loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use, provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to. Further, no accessory space or portion thereof shall serve as a required space for more than one use unless otherwise approved by the Planning Board as provided herein, in accordance with the purposes and procedures set forth herein.
A. 
Every parcel of land hereafter used as a public or private off-street parking or loading area shall be maintained in good condition, free of hazards and deterioration. All pavement areas, sidewalks, curbs, drainage facilities, lighting, bumpers, guardrails, markings, signs, landscaping and other improvements shall be maintained in workable, safe and good condition.
B. 
The Borough Council may authorize repairs for such improvements, if, after proper notice, the owner fails to maintain such improvements and such conditions constitute a hazard to health and safety or where such improvements are governed by a development or other similar agreement. The cost of said repairs will be borne by the owner.
[Amended 9-14-2020 by Ord. No. 07-20]
Applicability. All applications for major or minor subdivisions, site plans and variance applications shall additionally comply with these provisions.
A. 
Purpose:
(1) 
To protect existing woodland and encourage reforestation of nonagricultural land.
(2) 
To prevent soil erosion and soil depletion and increase water retention and water quality.
(3) 
To improve the appearance of off-street parking and vehicular use areas near public rights-of-way or adjoining uses.
(4) 
To protect agricultural land use and historic areas from the impact of new development.
(5) 
To screen residential and commercial subdivisions and development from public view.
(6) 
To promote public health, welfare and safety by reducing noise and air pollution, visual pollution, air temperature and light glare.
B. 
Conceptual landscape design and buffer considerations. The site and surroundings should be thoroughly analyzed. The following items shall be reviewed to determine the design layout and/or plant material selection:
(1) 
The shape and/or form of the land itself and its relationship to the existing and proposed buildings. Plantings shall give scale to the buildings and other site elements.
(2) 
The geology and soil characteristics. Topsoil moved during the course of construction shall be redistributed on all graded surfaces so as to provide four inches of even cover to all disturbed areas of development and shall be stabilized by seeding and planting.
(3) 
The surface and subsurface water conditions.
(4) 
Existing vegetation patterns (Except in urban and other highly disturbed sites, the native vegetation found on and around the site is usually a good indicator of which vegetation types will perform well.).
(5) 
Solar orientation and exposure, accounting for land forms, existing vegetation and neighboring structures.
(6) 
Local and regional climate (precipitation, temperature ranges, humidity, wind patterns, etc.).
(7) 
Air, noise and water pollution.
(8) 
Community, social, historical and cultural values.
(9) 
Plantings adjacent to fire suppression access and utilities shall be done so as not to obstructor hinder their operations in the event of an emergency.
(10) 
Plantings shall also create human scale and space. Consider pedestrian safety and state of mind by providing appropriate lighting at pathways.
(11) 
The approving authority may require items of construction such as retaining walls, guardrails, safety fencing, traffic barricades or other devices necessary in the interest of public safety and convenience.
(12) 
Plantings shall not obstruct roadway or sidewalk visibility necessary for automobile and pedestrian circulation and safety nor interfere with utilities or streetlights.
C. 
Landscape design plan submission requirements:
(1) 
Plan prepared and signed by a certified landscape architect.
(2) 
Name, address and telephone number of the owner and developer.
(3) 
Name, address, telephone number and qualifications of the professional who prepared the plan.
(4) 
A legal description or boundary line survey of the site on which the work is to be performed.
(5) 
A plan of the site at a scale of no less than one inch equals 40 feet that shows:
(a) 
Where necessary, a key map at a larger scale to show the entirety of the site. In the event that more than one sheet is needed to show the site, the subsequent sheets shall be identified on a key map as shown below in Diagram 157-83.1:
Diagram 157-83.1.
Landscape Design Plan-Zones
(b) 
Existing and proposed topography at a maximum of two-foot contour intervals, except where the slopes equal or exceed 12% grade where five-foot contour lines shall be shown, extending at least 100 feet beyond the site boundary.
(c) 
Delineation of all forest areas.
(d) 
Delineation of the limit of disturbance.
(e) 
All six-inch DBH and larger trees within the limit of disturbance and 50 feet beyond the limit of disturbance.
(f) 
Indication of whether all six-inch diameter at breast height (DBH) and larger trees within the limit of disturbance and 50 feet beyond the limit of disturbance are proposed to be removed, preserved and/or transplanted. For each case, the size, species and health condition of each tree shall be noted.
(g) 
Identification of tree masses and understory groupings in areas outside of the 50 feet beyond the limit of disturbance.
(h) 
Identification of all existing features occurring on the site. Such features include, but are not limited to, rock outcroppings, boulders, stone rows, hedgerows, meadows and vistas.
(i) 
The location of all existing and proposed buildings and structures.
(j) 
The location of all existing and proposed easements.
(k) 
The location of all existing and proposed parking spaces and vehicular use areas.
(l) 
The location of all existing and proposed public rights-of-way.
(m) 
The location of all existing and proposed overhead and underground utilities.
(n) 
The location of all existing and proposed stormwater management components.
(o) 
The location of all existing and proposed standpipes.
(p) 
The location of all existing and proposed hydrants and fire suppression tanks.
(q) 
Plant location and labels indicating species type and quantity of species labeled for each plant or group of plants.
(r) 
Zoning districts of the proposed site and adjacent properties.
(s) 
North arrow respective to the direction of north on the site.
(6) 
A planting listing for all proposed landscape materials showing caliper sizes, height of material, method of installation, botanical and common names, type and amount of mulch, ground cover, grasses and root type (bare root or balled and burlapped), and quantity of materials.
(7) 
A landscape elevation drawing, drawn to scale, showing the height and density of proposed buffers, as required to accurately depict the proposed plan, including structures and existing plant material to remain. One elevation drawing representing the relationship with the building and the proposed buffer at installation and one at five years after installation for each buffer shall be required. See Diagrams 157-83.2 and 157-83.3 below.
Diagram 157-83.2.
Landscape buffer section and elevation drawing at time of installation
Diagram 157-83.3.
Landscape buffer section and elevation drawing at five years from final approval.
(8) 
All areas of planting beds to receive mulch shall specify the depth and type of mulch.
(9) 
Planting details, typical for evergreen trees, deciduous trees and shrubs.
(10) 
The proposed planting dates.
(11) 
A statement of intent to install and maintain all such landscaped areas in accordance with the requirements of this chapter.
(12) 
An accompanying itemized cost estimate covering all new plantings and mulch contained on the planting plan and installation of said material together with a surety bond acceptable to the Borough in an amount sufficient to insure completion within the time specified and in accordance with the landscape plan and to guarantee the healthy growth of the plant material for two years past the date of completion of the development.
(13) 
A soil composition analysis and pH test.
(14) 
Completion of Chart 157-83.1, below, indicating compliance with buffer requirements, per § 157-83 of the Borough of Hampton Land Use Regulations.
Chart 157-83.1
Compliance with Buffer Requirements
Yard
Yard Length
(feet)
Multiply by
Buffer Depth
(feet)
Equals
Total Buffer Area
(feet)
Divide By
Area of Module
(feet)
Equals
Total Modules Required
Front
x
50
=
/
1,250
=
Side
x
25
=
/
1,250
=
Side
x
25
=
/
1,250
=
Rear
x
25
=
/
1,250
=
Total Modules Required
D. 
Preservation of existing individual trees.
(1) 
All applications for development shall include a plan to preserve all existing trees that are in good health and an asset to the Borough as determined by the approving authority and/or designated representative.
(2) 
Desirable, healthy plants that are an obstacle to the design of the development of the property shall be transplanted or replaced elsewhere on the property with healthy plants at the discretion of the Borough Planning Board's professionals. All efforts shall be made in developing a site to preserve desirable trees. The Borough Planning Board's professionals may recommend adjustments to the site development rather than risk the health of the existing trees due to site disturbance.
(3) 
All trees to be preserved within the limit of disturbance shall have tree protection in accordance with "The Standards for Soil Erosion and Sediment Control in New Jersey."
(4) 
Trees with a six-inch or greater diameter at breast height (DBH) shall be saved whenever possible and shall be protected from damage to roots, trunk and branches. The Borough Planning Board's professionals, or other designated representative, shall designate those trees which are to be saved. Soil should not be added on top of the existing root zone(s). Tree wells are to be provided where necessary and trees to remain within the improvement project limits are to be trimmed as directed by the Borough Planning Board's professionals, or other designated representative.
(5) 
Large trees (greater than six-inch DBH) shall be replaced by a tree of similar caliper or may be replaced with multiple smaller-caliper trees at a 2:1 ratio (two caliper inches of new trees shall be provided for every one inch DBH removed). No tree planted as a replacement shall be less than two inches caliper. For example, a tree measuring 16 inches in diameter at breast height (DBH) may be replaced with 16 two-inch caliper trees.
(6) 
Trenching for utilities shall be done in such a manner as to avoid disturbance within 20 feet of the trunk of the tree. Air spading and other approved methods may be acceptable alternatives to realigning proposed utilities.
(7) 
Replacement trees shall be in addition to the count required to meet the buffering as set forth else where in this section.
(8) 
The following shall be exempted from the prohibitions of this subsection:
(a) 
Trees located on a tract of land having a total area of less than one acre with a building located thereon;
(b) 
Any trees cut or removed in accordance with an approved management plan of a proper state or federal authority;
(c) 
Any trees located on publicly owned lands;
(d) 
Any trees required to be cut in connection with the installation of public utilities once all other options have been investigated;
(e) 
Trees endangering public health and safety; and
(f) 
Trees located in commercial orchards or nurseries.
E. 
Preservation and reforestation of existing forested areas.
(1) 
Every effort should be made to preserve existing forest areas, including the overstory and understory vegetation within the forested areas. After every effort has been made through creative site planning techniques and sensitive grading and drainage design, and the approving authority agrees that it is necessary for clearing of forests to occur to accommodate site development, reforestation with native tree species shall be required according to Chart 157-83.2.
Chart 157-83.2
Reforestation Requirements.
Existing Forest Cover as a Percentage of the Site
Reforestation Requirement in Acres Removed/Acres Required to Be Replaced
Forest areas between 1% and 10% of the net tract acreage
1:2
Forest areas between 11% and 20% of the net tract acreage
1:1
Forest areas between 21% and 30% of the net tract acreage
1:0.5
Forest areas between 31% and 100% of the net tract acreage
1:0.25
(2) 
The method of reforestation shall be determined by individual site conditions and shall be approved by the approving authority. The planting may be comprised of a mix of tree sizes, with stocking rates determined as a percentage of each planting size proposed. Stocking rates for reforestation plantings shall be in accordance with Chart 157-83.3.
Chart 157-83.3
Reforestation Methods and Requirements
Reforestation Method
Number of Trees Required per Acre
Number of Live Trees Required at End of Maintenance Period
Container-grown seedling tubes
450
65% (290)
Container-grown 1-, 2- or 3-gallon containers
350
75% (260)
One-inch caliper
200
85% (170)
Two-inch caliper
100
100% (100)
(3) 
Reforestation plantings shall include at least 30 shrubs per acre.
(4) 
Reforestation plans shall contain specifications for treatment of the ground plane with either two inches of wood chips or a native ground cover, a maintenance plan including the periodic removal of exotic/invasive plants, and deer protection measures.
(5) 
All reforestation plantings shall be maintained for a period of two years.
(6) 
All reforestation plantings shall be placed in a permanent conservation easement.
F. 
Official list of plants.
(1) 
The following list of plants is provided to guide species selection. Species selection should be based on an appropriate woodland successional model, and shall include species that are native to the region and noninvasive, as deemed by the Borough Planning Board's professionals. No invasive planting species are allowed, at any time, within the Borough of Hampton. Further, any invasive species on an existing property should be removed and replaced with the below acceptable species.
(a) 
Canopy trees:
[1] 
Red oak (Quercus rubra).
[2] 
White oak (Quercus alba).
[3] 
Black oak (Quercus velutina).
[4] 
Chestnut oak (Quercus prinus).
[5] 
Pin oak (Quercus palustris).
[6] 
Red maple (Acer rubrum).
[7] 
Sugar maple (Acer saccharum).
[8] 
Green ash (Fraxinus pennsylvanica).
[9] 
White ash (Fraxinus americana).
[10] 
American beech (Fagus grandifolia).
[11] 
Tulip tree (Liriodendron tulipifera).
[12] 
Sweet birch (Betula lenta).
[13] 
River birch (Betula nigra).
[14] 
Paper birch (Betula papyrifera).
[15] 
Sweetgum (Liguidambar styraciflua)*.
[16] 
Sycamore (Platanus occidentalis)*.
[17] 
Black gum or sour gum (Nyssa sylvatica).
[18] 
Basswood (Tilia americana).
Note: *Locate tree trunk not closer than 40 feet to roadways, parking lots, pedestrian walkways, and bicycle paths.
(b) 
Ornamental/understory trees:
[1] 
Common witchhazel (Hamamelis virginiana).
[2] 
Flowering dogwood (Comus florida).
[3] 
Shadtree (Amelanchier canadensis).
[4] 
Sassafras (Sassafras albidum).
[5] 
Sweetbay magnolia (Magnolia virginiana).
[6] 
Hop horn beam (Ostrya virginiana).
[7] 
Ironwood (Carpinus carolinian).
[8] 
Red cedar (Juniperus virginiana) EG.
[9] 
American Holly (Ilex opaca) EG.
[10] 
White pine (Pinus strobus) EG.
[11] 
Red pine (Pinus resinosa) EG.
Note: EG = evergreen.
(c) 
Shrubs:
[1] 
Summersweet (Cletha alnifolia).
[2] 
Gray dogwood (Cornus paniculala).
[3] 
Silky dogwood (Cornus amomum).
[4] 
Inkberry (Ilex glabra) EG.
[5] 
Spicebush (Lindera benzoin).
[6] 
Highbush blueberry (Vaccinum coryinbosum).
[7] 
Arrowwood viburnum (Viburnum dentatum).
[8] 
Maple-leaved viburnum (Viburnum cerifolium).
[9] 
Blackhaw viburnum (Viburnum prunifolium).
[10] 
Mountain laurel (Kalmia latifolia) EG.
[11] 
Rosebay rhododendron (Rhododendron maximum) EG.
Note: EG = evergreen.
G. 
Parking lot landscape design.
(1) 
In every effort to minimize the visual impacts of large parking lot areas, the applicant shall install a parking lot buffer. Such buffer shall screen parking from the public right-of-way and adjacent uses both on- and off-site.
(a) 
The buffer shall consist of canopy trees, ornamental/understory trees, evergreen trees, shrubs and perennials within a ten-foot minimum width consistent with the parking perimeter.
(b) 
Where parking is located in a front yard, the approving authority may require construction of landscaped berms up to a height of five feet, with slopes at a ratio of not less than 3:1.
(c) 
Where off-street parking and loading areas adjoin or face premises situated in a residential zone, the approving authority may require the construction of a fence or stonewall not less than three feet nor more than six feet in height, maintained in good condition. Additionally, the approving authority may require construction of planted berms up to a height of five feet, with slopes at a ratio of not less than 3:1.
(d) 
Said buffer shall screen 60% of the automobile/parking lot from the road and pedestrian view during the time frame of November to April within two years of installation.
(e) 
Woody shrubs shall be set back from the curb three feet for vehicular overhang and snow removal.
(f) 
Plantings shall not obstruct roadway or sidewalk visibility necessary for automobile and pedestrian circulation and safety nor interfere with utilities or streetlights.
(g) 
All plant material shall be subject to review by the approving authority and Borough Planning Board's professionals.
(2) 
Large expanses of pavement and long, unbroken rows of parking spaces shall be avoided. No row of parking spaces shall contain more than 15 spaces unless broken by landscaped islands.
(a) 
Landscape islands shall be a minimum width of 10 feet and a minimum depth of 18 feet.
(b) 
At a minimum, landscape islands shall contain one canopy tree.
(c) 
Adjoining rows of parking shall be separated by landscape islands having a width of at least 10 feet.
(3) 
Ten percent of all surface parking areas and the top story of raised parking decks where no roof is provided shall be landscaped. The parking area shall be determined by the outer limit of pavement on the site and the inner limit of pavement around or adjacent to the building.
(a) 
Canopy trees are required to reduce heat island effect. At a minimum, one canopy tree for every three parking spaces for on-grade parking shall be planted at the perimeter or within said parking area.
(4) 
Trash collection areas. Trash collection areas shall be enclosed by a masonry wall with a minimum height of six feet.
(a) 
Masonry walls shall consist of the same or complementary building materials as those used for the principal use on the site.
(b) 
Access to the trash collection areas shall be provided by an opaque gate with a minimum height of six feet.
[1] 
Gate materials shall be visually consistent with the appearance of the masonry walls enclosing the trash collection area and the principal use on the site.
(5) 
Loading zones. All loading zones shall contain a buffer consisting of 60% evergreen plant material.
(a) 
Said buffer shall screen 60% of all loading areas from the road and pedestrian view during the time frame of November to April within two years of installation.
H. 
Street and highway landscape design.
(1) 
Street trees shall be required on all public and private roads in Borough of Hampton.
(2) 
Species and tree placement shall be specific to the site design concept and site conditions and subject to approval by the approving authority.
(3) 
The use of multiple species is required. Tree species shall alternate along the road to create a sequence through the space.
(4) 
A specific standard design module for street and highway plantings will not be put forth here since each site (and its surroundings) has a unique character. A downtown street tree planting may only require a single species of canopy tree equally spaced in a geometric pattern. With the landscape forms most often found in Borough of Hampton, the use of a single species of trees in geometric patterns becomes less appropriate. The linear, less formal hedgerow seen commonly bounding cropland, fields, and pastures is often a more suitable model for plantings along lot lines and streets and highways traversing such landscapes.
(5) 
All street trees in a formal street tree planting shall be located within the street right-of-way and in such a manner as not to interfere with sidewalks and/or utilities.
(6) 
Within formal street tree plantings, tree spacing shall correlate with road hierarchy and, in general, spacing shall range from a minimum of 30 feet on center to a maximum to 50 feet on center. At slower design speeds and at areas of special interest like town centers, the spacing shall be closer together (i.e., 30 feet on center). See Chart 157-83.4 for additional information.
Chart 157-83.4
Formal Street Tree Plant Spacing
Road Design Speed
(mph)
Tree Spacing
+ 50
50 feet on center
35 to 49
40 feet on center
0 to 34
30 feet on center
(7) 
Specific guidelines are required within each district. See "Preserving Community Character, Community Design Guidelines for Borough of Hampton."
Diagram 157-83.4
Formal Street Planting.
(8) 
In order to preserve the rural character of a specific site, the Board may request an informal street tree planting. Species shall be grouped/massed along roads in such a manner to fit appropriately within the site and shall be placed within a street tree easement. See Diagram 157-83.5.
Diagram 157-83.5
Informal Street Planting.
I. 
Screening of utility and wellhead markers.
(1) 
Wellheads not located within the building envelope shall be screened from street view.
(2) 
Plantings shall screen utility structures, such as transformers, cable, or phone connection points, from the street view.
J. 
Water quality facilities.
(1) 
The utilization of plant material within a stormwater quality treatment facility is required. Not only does the appropriate plant material aid in the removal of total suspended solids and other non-point source (NPS) pollutants, but also provides visual interruption from the cleared, graded area for the facility. Stormwater retention facilities are excluded from this section, except where specified.
(2) 
Plantings shall be included within such facilities. The species selected for such areas shall be tolerant of water inundation and drought conditions and is subject to review by the approving Borough Planning Board's professionals.
(3) 
Detention basins and other similar stormwater management and design facilities shall be screened from the public right-of-way. The landscape plan shall include native grasses, ground cover, trees and shrubs to achieve a buffer that screens 60% of the view from November to April at a height of three feet, two years from installation.
(4) 
Creative grading solutions for such facilities shall be considered, to create landforms that blend the facility in with the existing site.
(5) 
For every 2,000 square feet of water quality facility area the applicant shall provide three canopy trees, five evergreen/ornamental/understory trees and 20 shrubs consistent with the size requirements set forth in the reforestation requirements.
(6) 
Planting of woody shrubs and trees shall not be located on top of any dam structures.
(7) 
Maintenance protocol of such structures shall be in accordance with best management practices.
(8) 
If retaining walls are necessary, such walls shall have plantings on top and/or below to provide a visual screen of the wall.
(a) 
Screening shall include native grasses, ground cover, trees and shrubs to achieve a buffer that screens 60% of the view from November to April at a height of three feet, two years from installation.
(9) 
Stormwater retention facilities.
(a) 
The stormwater retention facilities should be designed in such a way to benefit from the aesthetic as well as the physical attributes. Such facility shall be utilized as decorative water features within the landscape.
(b) 
The water's edge shall be planted with native vegetation at a minimum height of 30 inches to deter geese and promote biodiversity within such an ecosystem.
K. 
Buffering of neighboring lands.
(1) 
Buffer required. All subdivision and site plan applications subject to this section (§ 157-83) shall require a planted perimeter buffer as part of the development and landscape design plan. The perimeter buffer shall be provided along existing streets and along property lines adjacent to the subject property. The buffer shall have berms that should be eight to 10 feet in height with a minimum top width of four feet and meander in a naturalistic manner without adversely affecting natural drainage. The buffer with berm shall consist of, for example, evergreens, canopy trees and shrubs to serve the purpose of maintaining the appearance of a rural and agricultural community.
(2) 
The goal of the following buffer standards is to maintain and/or re-establish the traditional rural boundaries of tree lines, hedgerows, walls and fences.
(3) 
Buffers shall screen 60% of the view from November to April at a height of six feet within two years from installation.
(4) 
Onforested parcels, a minimum undisturbed buffer with a depth of 30 feet shall be maintained. Supplemental plantings may be required to fill in visual gaps in the buffer.
(5) 
On agricultural or other cleared parcels, a minimum buffer with a depth of 30 feet shall be established, consisting of tree lines, hedgerows, fences and walls. For each 25 feet of buffer length, the plan shall include the following: shrubs, walls or fences to provide a visual screen at least four feet high; eight ornamental/understory trees, including deciduous and evergreen species; and two canopy trees.
(6) 
Properties adjoining agricultural lands shall have one permanent sign affixed not less than at each property corner, and one additional sign for every 100 feet of common property line, the area of the sign not to exceed two square feet, which shall be lettered as follows:
NO TRESPASSING!
ENTRY ONTO FARMLAND OR THE DUMPING OR DISPOSAL OF HOUSEHOLD, LAWN OR GARDEN DEBRIS IS SUBJECT TO FINE OR IMPRISONMENT.
(7) 
Nonresidential site plans shall comply with the following standards, in addition to those above:
(a) 
Front yard buffers: HC, IC, R-1/2a, IR Districts: 50 feet.
(b) 
Buffer where a nonresidential use abuts another nonresidential use: 25 feet.
(c) 
Buffer where nonresidential uses abut a residential use along a side or a rear lot line: HC, IC, R-1/2a, IR Districts: 75 feet.
(8) 
Planned development shall comply with the following additional landscape design standards:
(a) 
A buffer zone of at least 50 feet shall be maintained along the perimeter of any planned development tract. Where development other than one-family detached dwellings in a planned development adjoins a residential zone, said buffer zone shall be at least 100 feet. Said buffer zone shall be kept in its natural state when wooded, and, when natural vegetation is sparse or nonexistent, a planted visual screen, which may include mounding of earth and other landscaping measures, may be required unless topographic features render such landscaping measures unnecessary.
(b) 
Within said buffer zone, no principal or accessory structure, nor any off-street parking or loading areas or other uses, shall be permitted. Within said buffer zone, utility easements may be permitted. Drainage installations, such as detention and retention basins, may also be permitted, provided that they are located at least 50 feet from the planned development tract boundary. Streets shall be allowed only to cross buffer zones and only when necessary to provide connections to existing public streets or when needed to ensure continuity with development of adjoining property.
(c) 
Said buffer zone may be included for the purpose of computing the planned development open space requirements.
(9) 
Plantings may consist of those listed on the Borough Official List of Plants, pursuant to § 157-83F.
L. 
Buffer landscape design.
(1) 
Buffers separate and create enclosure of particular uses and zones within the community. Landscaped buffers are crucial to maintaining the diversity within the Borough. Landscaping buffers are areas to minimize and screen adverse impacts or nuisances on a site or from any adjacent area. Included with any landscape buffer shall be a landscape strip consisting of trees, conifers, shrubs, berms and, if appropriate, fences or walls and providing a completely planted visual barrier.
(2) 
All plans and installation of plant material are subject to review and inspection by the Borough Planning Board's professionals.
(3) 
Where plant materials are placed in two or more rows, plantings shall be staggered from row to row. The modules should be in a parallel, serpentine or broken row arrangement and avoid damage to existing planting materials.
(4) 
The percentage of evergreen usage should be decided after completion of site analysis and the statement of design goals.
(5) 
The standard design buffer module measures 50 feet long by 25 feet wide, which consists of 1,250 square feet. This module shall be repeated as many times as necessary to fulfill the depth requirements for each zone and be in addition to any other planting requirements. See § 157-83 for the buffer size requirements. See Diagram 157-83.5 for calculation methodology.
(6) 
Each buffer module requires three canopy trees, five under story/evergreen trees and 20 shrubs. Species selection should be based on an appropriate woodland successional model, and may consist of those listed on the Borough's Official List of Plants, pursuant to § 157-83F.
(7) 
Rather than specify a modular design to be used on each design proposal, the following plant material density for a hypothetical fifty-foot-long by twenty-five-foot-wide module which could be repeated as many times as necessary both in length and width (e.g., a site with a highway frontage of 500 feet and a one- hundred-foot-wide buffer requirement would need 40 modules). The plant material requirements of these modules may be arranged to suit the specific landscape design objectives of the proposed plan. See Diagram 157-83.6.
Diagram 157-83.6
Buffer Module Calculation Methodology (Example)
Chart 157-83.5
Buffer Module
Yard
Yard Length
(feet)
Multiply by
Buffer Depth
(feet)
Equals
Total Buffer Area
(feet)
Divide By
Area of Module
(feet)
Equals
Total Modules Required
Front
150
x
50
=
7,500
/
1,250
=
6
Side
175
x
25
=
4,375
/
1,250
=
3.5
Side
250
x
25
=
6,250
/
1,250
=
5
Rear
150
x
25
=
3,750
/
1,250
=
3
Total Modules Required
17.5
(8) 
In this example, the applicant will need to provide 59 canopy trees, 98 understory/evergreen trees and 390 shrubs to meet the requirements set forth in the buffer section of this section.
(9) 
Landscape buffers that are interrupted by specific site constraints relating to engineering components, such as septic, fire suppression and sight triangle, shall relocate the materials slated for those areas to another area on site.
(10) 
All parking lots should be subdivided into modules with maximum of 10 to 12 spaces on a side. Separation of modules should be achieved by a landscape buffer area and strip integrating pedestrian circulation into these modules.
(11) 
Within the Borough of Hampton, the linear, less formal hedgerow seen commonly bounding cropland, fields and pastures is often a more suitable model for plantings along lot lines and streets and highways traversing such landscapes. In every effort to minimize disturbance and preserve the existing flora within these natural occurring buffers, the applicant may utilize existing material, slated to be preserved, to meet the buffer requirements as deemed appropriate by the Board, approving authority and the Borough Planning Board's professionals. In the event existing vegetation cannot be preserved, the applicant shall provide the appropriate tree replacement in addition to the buffer requirements.
(12) 
Though material adjacent to the applicant's particular site may help with buffering, only material on the applicant's site shall be utilized in evaluating the buffer module requirements.
M. 
Planting and maintenance.
(1) 
All plant material shall be insect and disease-free and in good condition at time of planting.
(2) 
The selection, spacing and sizing of plant materials shall depend on the use to which the plantings are placed in keeping with the specifications adopted by the approving authority.
(3) 
All plantings shall be planted according to sound horticultural practices as established by the Rutgers' Cooperative Extension Service, and shall be in a healthy, growing condition at installation.
(4) 
The specific planting dates and transplanting dates, determined by the appropriate time of year and weather conditions, and subject to approval by the Borough Landscape Architect.
(5) 
A mixture of plant materials (evergreen and deciduous trees and shrubs) is required as a protective measure against disease and insect infestation. The landscape plan may allow plant materials to be used together in informal groupings in lieu of meeting the on-center spacing requirements set forth on the approved plan. However, the plant groupings must utilize the same number of plantings as required by these provisions.
(6) 
An irrigation system may be used to establish plant material and sustain adequate moisture needs. All automatic irrigation systems shall be timer-controlled and provided with an automatic rainfall shutoff detection device. Proposed irrigation systems shall include maintenance specifications on the approved landscape plan.
(7) 
Plant materials, except creeping vine-type-plantings, shall not be located within four feet of property lines nor within any right-of-way.
(8) 
Planting details and specification shall follow the most recent version of the Borough of Hampton Planting Details. All material shall conform to the latest version of the American Standard for Nursery Stock.
(9) 
Soil conditions should be renovated if necessary to improve growing conditions.
(10) 
No planting shall be installed unless it has been subject to proper root and top pruning (top pruning for shrubs only); proper timing (nursery stock must be dormant when planted); proper soil mix (based on the site and species); proper support; and proper maintenance.
(11) 
Plants native to the physiographic province in which the site lies should comprise a minimum of 70% of the total number of plants proposed for installation.
(12) 
All proposed tree material shall be balled and burlapped except for the reforestation option to use bare-root material. Container material is acceptable for shrub material only, provided that the material is not root bound.
(a) 
All bare-root tree plantings shall be at the discretion of the Borough Landscape Architect and as required by the American Standard for Nursery Stock.
(b) 
No bare-root planting shall be installed unless it has been subject to proper root and top pruning (top pruning for shrubs only); proper timing (nursery stock must be dormant when planted); proper soil mix (based on the site and species); proper support; and proper maintenance.
(13) 
A deer deterrent/protection wrap shall be installed on the trunks of trees. Tree protection such as Tree Bark Protectors BG48 by A.M. Leonard Horticultural Supply or its approved equal shall be utilized on shade, ornamental and understory trees.
(14) 
Where turf is utilized, the type and mix of seed and the preparation method used shall be identified. Within the areas of lawn, mulching type, fertilizing, liming and watering specifications shall be specified. The use of natural and/or organic fertilizers is encouraged. The proposed sod shall be germinated in similar soil composition and characteristics as the soil existing on-site.
(15) 
All areas of planting beds to receive mulch shall specify the depth and type of mulch.
(a) 
Depth of mulch within planted areas shall be two inches.
(b) 
Mulch shall never come in contact with the root flare or trunk of the tree and shrub.
(c) 
Shredded hardwood mulch shall not contain any color or dying agent.
(d) 
See the Borough of Hampton Planting Details for further specification. All material shall conform to the latest version of the American Standard for Nursery Stock.
(16) 
Planting sizes.
Chart 157-83.6
Plant Material Size Quick Reference Chart
Canopy Trees
(caliper in inches)
Ornamental and Evergreen Trees
(height in feet)
Understory Trees
(height in feet)
Shrubs
Branching Height
(fee)
General Material
3 to 3 1/2
7 to 12
5
18 inches to 24 inches height
NA
Buffer Material
1 1/2 to 1 3/4
7 to 12
5
36 inches min
NA
Street Tree Material
3 to 3 1/2
NA
NA
NA
7
Reforestation (balled and bur-lapped)
2 to 2 1/2
NA
5
30/acre
NA
Reforestation (bare root)
1 1/2 to 2
NA
5
30/acre
NA
(17) 
Planting landscape maintenance.
(a) 
All plantings shall be maintained in an attractive and presentable condition free of weeds, refuse and debris, and shall be continuously maintained in a sound health and vigorous growing condition, free of plant disease and insects, per the final landscape plan.
(b) 
The landscape is to be permanently maintained. All dead, diseased, and missing plant material is to be replaced to the approval of the Borough Planning Board's professionals. Such replacements shall be resolved within four weeks from time of notification, weather permitting.
(c) 
Landscape maintenance specifications shall be submitted as part of the submission set for all common areas. Such specifications shall be detailed to ultimately determine if the proposed landscape is going to be cared for after all guarantees are met by the developer.
(d) 
The approved landscape plan shall designate the person or entity that shall be responsible for maintaining the landscape in a healthy growing condition. Such maintenance shall include watering, cultivation and weed control.
It is the intent of these regulations to provide for attractive, coordinated, informative and efficient signing for uses in the Borough. The following signs shall be permitted only in compliance with the following provisions:
A. 
Nameplate and identification signs for single-family dwellings. A sign indicating the name or address of the occupant may be permitted, provided that the sign shall be no larger than two square feet. A permitted home occupation may be included with the name of the occupant. Only one sign per dwelling unit is permitted in addition to a mailbox identification sign.
B. 
Sales or rental signs.
(1) 
Sign advertising the sale or rental of a dwelling or lot shall be permitted, provided that:
(a) 
The size of any curb sale or rental sign shall not exceed six square feet.
(b) 
Not more than one sign is placed upon any property.
(c) 
Such signs shall be removed within five days after execution of the contract for sale or lease.
(2) 
Development with four or more homes or lots for sale may be advertised on a sign not to exceed 32 square feet. One such sign shall be permitted on each frontage if the development fronts on more than one street. The sign shall be removed when all homes or lots have been initially sold or rented.
(3) 
A single for sale or lease sign up to 32 square feet for land with five acres or more and 500 feet of frontage shall be permitted.
C. 
Institutional signs. Signs of schools, colleges, churches and other institutions of a similar public or semipublic nature may be erected and maintained, provided that:
(1) 
The size of any freestanding sign shall not exceed 32 square feet and not more than one such sign is placed on a property, unless such property fronts upon more than one street, in which instance a sign may be erected on each frontage.
(2) 
Signs may be affixed to a maximum of two walls of a structure and the total sign area on each wall shall not exceed 5% of the area of that wall, measured from ground level to the bottom of the roof eaves and from the side of the building to the other side.
D. 
Signs accessory to parking areas. Signs designating entrance or exits to or from a parking area shall be limited to one sign for each such exit or entrance, with a maximum size of four square feet for each sign. One sign per parking area designating the conditions of use or identity of such parking area and limited to a maximum size of six square feet shall be permitted. Private driveway signs indicating the private nature of a driveway shall not exceed two square feet.
E. 
Artisans' signs. Signs of mechanics, painters and other artisans may be erected and maintained during the period such signs are erected, provided that:
(1) 
The size thereof is not in excess of six square feet.
(2) 
Such signs are removed within 48 hours of completion of the work.
(3) 
One such sign per artisan shall be permitted.
F. 
Signs in the IC or HC District. No sign shall be permitted which is not accessory to the business conducted on the property. Such signs may be erected on an exterior wall in accordance with the following requirements:
(1) 
Number and size of signs. No business establishment shall be permitted a total of more than two signs; provided, however, that no single exterior wall of any one establishment shall contain more than one of the two permitted signs. The total sign area for the sign permitted on the face of any wall shall not exceed 5% of the face of the wall area.
(2) 
Rear wall and side yard signs. No signs will be permitted on rear walls or side walls when said wall abuts a residential use or zone or any public or institutional use.
(3) 
Freestanding signs. There shall be permitted a maximum of one freestanding sign advertising the business establishments and/or services located on the lot therein, provided that:
(a) 
The maximum height of the freestanding sign shall not exceed 20 feet.
(b) 
The area of said sign shall not exceed 30 square feet on each side or surface.
(c) 
The location of said sign shall not be nearer than 1/2 the setback from any abutting road right-of-way line or property line.
(d) 
The base of said sign shall be an improved area in harmony with the overall internal road system and off-street parking layout and shall be appropriately landscaped.
(4) 
"For sale" or "rent" signs and artisans' signs. These shall be permitted under the same terms and conditions as set forth in residential zones, except that the area of "for sale" or "rent" signs for developed business properties may be 20 square feet.
G. 
Signs for multiuse developments, shopping centers or industrial parks. Shopping centers, industrial parks, multitenanted structures or multistructure uses shall be governed by the following regulations:
(1) 
Each such development shall submit a signing plan to the Planning Board for approval. Such signing plan shall include details on:
(a) 
Letter style.
(b) 
Lighting.
(c) 
Color.
(d) 
Construction and materials.
(e) 
The height of the sign.
(f) 
The height above grade or below roofline.
(g) 
Locations.
(h) 
Standards.
(2) 
The signing plan shall be based on an integrated design theme to include all of the elements in Subsection G(1)(a) through (h) above. All of the above elements shall be designed to be in harmony and consistent with each other, the architecture and the materials of the principal structure and the landscaping plan. The Planning Board, in its sole discretion, shall determine if a proposed signing plan meets the goals and objectives of this section.
(3) 
The total area of all signs affixed to a structure shall not exceed 5% of the building facade of the structure. The Planning Board may permit in total sign area up to 7% of the building facade if, in the Planning Board's judgment, such additional area shall assist in developing a harmonious and integrated sign plan in accordance with the goals and objectives of this subsection.
(4) 
Freestanding signs.
(a) 
Freestanding signs to be located on poles, kiosks, stanchions or similar supports shall not project above 12 feet. Such signs shall have an area not in excess of 5% of the building face fronting on the street, but in no event greater than 100 square feet. The Planning Board may permit a total sign area of up to 150 square feet if, in the Planning Board's judgment, such additional area shall assist in achieving the goals and objectives of this subsection.
(b) 
Only one such freestanding sign shall be permitted on any single property regardless of the number of establishments on the property, except that the Planning Board may authorize an additional freestanding sign if the property has access from more than one public street. The freestanding sign shall be located a minimum of 40 feet from the right-of-way line or 1/2 the required minimum front or rear yard setbacks and comply with the side yard requirements of the zone.
H. 
General regulations applying to signs. The following regulations shall apply to all permitted and preexisting nonconforming signs:
(1) 
Only those signs identifying the name, business, occupant, service, address or product offered or sold on the premises shall be permitted.
(2) 
Whenever the Construction Official shall determine that a sign has become structurally unsafe or endangers the safety of the building or the public, the Construction Official shall order such sign be made safe or removed. Such order shall be complied with within 10 days of the receipt thereof by the person owning or using the sign or the owner of the building or premises on which such unsafe sign is affixed or erected.
(3) 
Distance to street rights-of-way.
(a) 
Unless otherwise provided in this chapter, signs shall not be located closer than the following distances to street rights-of-way:
Area of Sign
(square feet)
Minimum Distance
(feet)
Less than 25
20
26 to 75
25
76 or more
30
(b) 
The Planning Board shall be authorized to waive the strict application of this subsection if, because of local site conditions, strict adherence would cause inconvenience to the public or constitute a hazard. Unless otherwise specified in this chapter or indicated on an approved site plan, the Construction Official shall approve the location of all signs.
(4) 
The area surrounding ground signs shall be kept neat, clean and landscaped. The tenant, owner or occupant to which the sign applies shall be responsible for maintaining the condition of the area.
(5) 
Directional signs having areas of less than three square feet are exempt from area and location regulations, but shall be shown on an approved site plan, and further provided that they do not constitute a hazard to the traveling public.
(6) 
All signs shall be kept in good repair, which shall include the replacement or repair of broken structural elements, castings or faces, maintenance of legibility and that all lighting elements work.
(7) 
Any location where business goods are no longer sold or produced or where services are no longer provided shall have 90 days to remove any remaining or derelict on-premises signs, following notification by the Borough and at the expense of the owner of such property. When the written notification has been given by the Borough and compliance has not been made within the required ninety-day period, the Borough may cause the removal of such sign, with the cost for such removal to be attached to the property.
(8) 
The applicant shall also comply with all applicable county, state and federal sign regulations.
(9) 
Should a nonconforming sign be destroyed, it cannot be replaced except in a conforming manner.
(10) 
Where a sign for a nonresidential use is directly adjacent to or across from a residential zone, the Planning Board may, at its discretion, reduce the area of the sign by not more than 10%, and the Planning Board may further require additional screening, light control and buffering so as to minimize any adverse impacts such sign will have on the adjacent or abutting residential zone.