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]
COLLOCATE
EQUIPMENT COMPOUND
WIRELESS COMMUNICATIONS EQUIPMENT
WIRELESS COMMUNICATIONS SUPPORT STRUCTURE
For purposes of this subsection, the following definitions apply:
To place or install wireless communications equipment on
a wireless communications support structure.
An area surrounding or adjacent to the base of a wireless
communications support structure within which is located 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.
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].
[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]
BASE STATION
[a]
[b]
[c]
[d]
COLLOCATION
ELIGIBLE FACILITIES REQUEST
ELIGIBLE SUPPORT STRUCTURE
EXISTING
SITE
SUBSTANTIAL CHANGE
[a]
[i]
[b]
[c]
[d]
[e]
[f]
TOWER
TRANSMISSION EQUIPMENT
For purposes of this subsection, the following definitions apply:
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.
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.
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).
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.
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.
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.
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:
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.
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.
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.
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
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;
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]
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;
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;
It entails any excavation or deployment outside the current
site;
It would defeat the concealment elements of the eligible support
structure; or
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).
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.
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.
[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:
(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.
[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]
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.
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.
(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.
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.
|
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:
(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.
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:
(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:
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:
(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.
