Borough of Pompton Lakes, NJ Article V Design Standards

§ 190-20 Purpose.

A. Applications for development within the Borough shall conform to the design standards provided in this article. Where applicable, conformance with the Master Plan regarding location of streets, rights-of-way, parks and playgrounds and other such uses shall be required.

B. Where a particular project requires construction not covered in these standards, the proposed design will be evaluated on the basis of normally accepted engineering and/or architectural design practices. In the case of non-construction related items, the proposed design will be evaluated on the basis of normally accepted engineering, architectural and/or planning practices.

C. The Planning Board, when acting upon development applications, shall have the power to grant such exceptions from the requirements of this article as may be reasonable and within its general purpose and intent if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

§ 190-21 Development standards: nonresidential and mixed-use areas.

[Amended 8-13-1997 by Ord. No. 97-08; 11-28-2007 by Ord. No. 07-20]

A. Purpose.

(1) The purpose of these standards and guidelines is to ensure that all development within the Borough's business, commercial, mixed-use and industrial districts gives due consideration to the historic, physical, visual and spatial character and scale of the area in which it is located.

(2) These standards and guidelines are intended to preserve and enhance the unique qualities of the Borough's business, commercial, mixed-use and industrial districts, to reinforce pedestrian circulation, and to guide and encourage rehabilitation and new construction that is compatible with traditional form and scale; to encourage new development and redevelopment in these districts which is compatible in form and scale with surrounding residential neighborhoods; and to promote the selective upgrading of the commercial and mixed-use districts, by progressively reordering space and reintroducing a sense of streetscape.

B. Applicability.

(1) These standards and guidelines shall be applicable to any project requiring subdivision approval, site plan approval, or a zoning permit within the following districts, or where deemed appropriate by the Board:

(a) Downtown Business District 1 (DBD-1).

(b) Downtown Business District 2 (DBD-2).

(c) Gateway District (GWD).

(d) Business District (B-1).

(e) Business District/Professional Office (B-2).

(f) Cannonball Road District (CBR).

(g) Hybrid Industrial District (HI).

[Added 4-10-2019 by Ord. No. 19-13]

(2) The design standards and guidelines shall be applied concomitantly with the relevant use and bulk regulations defined for these districts. Unless otherwise noted, these design standards and guidelines shall apply uniformly to districts listed in Subsection B(1) above; in those cases where the design standard or guideline varies with the district, this has been appropriately indicated.

(3) The scope of the standards and guidelines covers all exterior aspects of the rehabilitation of existing structures, additions to existing structures, and construction of new buildings, as well as all site improvements, streetscape, signage, lighting and landscaping questions.

(4) These standards and guidelines shall be used by any applicant in preparing a development plan or applying for a zoning permit, and by the reviewing board in reviewing the same. In the exercise of its powers of review, the reviewing board may recommend approval, conditional approval, request modifications, or recommend denial to an application based upon its review of the materials submitted by the applicant and any additional information which it may deem appropriate.

(5) This section contains both design standards, which are normative and set forth specific requirements, and design guidelines, which define a framework and are only indicative. However, both standards and guidelines shall be interpreted with flexibility. The reviewing board shall view them as a tool, since exceptional situations, requiring unique interpretations, can be expected. When applying them, the reviewing board shall carefully weigh the specific circumstances surrounding each application, and strive for design solutions that best promote the spirit and intent of the standards and guidelines.

C. Modifications and exceptions.

(1) The architectural design guidelines and standards contained in this section shall be used as the Borough's presumptive minimum requirements for evaluating design. However, the guidelines and standards are not intended to restrict creativity and an applicant may request a modification or exception from any guideline and standard.

(2) Modifications or exceptions to the design guidelines and standards contained in this section shall be approved by the Board, provided the applicant has met the criteria for exceptions pursuant to N.J.S.A. 40:55D-51, and can provide testimony that the resulting change will conform to all of the following:

(a) Generally satisfy the purpose of this section;

(b) Be designed in accordance with normally accepted Borough practices for engineering, surveying, planning, landscaping and architecture;

(c) Generally enhance the development plan, or in any case not have an adverse impact on its physical, visual or spatial characteristics;

(d) Generally enhance the streetscape and neighborhood, or in any case not have an adverse impact on the streetscape and neighborhood.

D. Site design.

(1) General.

(a) Retail sales and services. All buildings shall be designed with a parking area and access to a public street. When a site contains more than one building or use, a common architectural theme shall be reflected through the choice of building materials, architectural style, sign controls and color coordination. Special consideration should be given to pedestrian access.

(b) Other nonresidential (including office). Each individual lot shall have access to a public street. Loading areas and access to loading areas shall be provided and shall be separate from parking areas and aisles. A landscaped buffer with plantings and/or mounding shall be provided between commercial and residential uses. Such buffer shall be a minimum of 10 feet in depth. No use shall create glare, heat, odor, noise or physical vibrations perceptible at a property line. Where a site contains more than one building, a compatible architectural theme shall be reflected through the choice of building materials and the use of landscaped open space.

(c) Subsurface infiltration fields or pits, pipe galleries, etc.; waiver.

[1] Any subsurface infiltration fields or pits, pipe galleries, groundwater recharge basins and similar facilities must be set back 100 feet from any residential use/structure, public rights-of-way or recreation facilities. Said facilities must be designed in accordance with accepted engineering practices and are subject to all applicable local, county and state regulations.

[2] Upon application to the Borough Planning Board in accordance with the provisions of this Revised Land Use and Development Ordinance and specifically, but not limited to, Articles VII and VIII hereof, the Planning Board may, for good cause shown, waive the provisions of this Subsection D(1)(c) of § 190-21 in whole or in part.

(2) Parking.

(a) Parking shall be provided under buildings, in structures, or in surface lots, preferably interconnected.

(b) Surface parking lots shall be located to the rear of buildings and/or in the interior of a site, where the visual impact to adjacent properties and to the public right-of-way can be minimized. Access shall, to the extent possible, be obtained from side streets, and curb cuts minimized.

(c) Parking lots shall be prohibited in any front yard area.

(d) Site plans shall balance the functional requirements of parking with the provision of pedestrian amenities. Transition areas between parking and commercial or residential uses shall be designed with textured paving, landscaping and street furniture.

(e) Parking lot layout, landscaping, buffering and screening shall prevent direct views of parked vehicles from the public viewshed, avoid spill-over light, glare, noise or exhaust fumes onto adjacent properties, in particular residential properties, and provide the parking area with a reasonable measure of shade, when trees reach maturity. In order to achieve these objectives, parking lots exposed to view shall be surrounded, at a minimum, by a four-foot-high year-round visually impervious screen or, if adjacent to a residential use, at a minimum by a six-foot-high visually impervious screen. The height of any required screen shall decrease where driveways approach sidewalks or walkways, in order to provide adequate visibility of pedestrians from motor vehicles, and shall not interfere with sight triangle requirements.

(f) The interior of all parking lots shall be landscaped to provide shade and visual relief. This is best achieved by protected planting islands or peninsulas within the perimeter of the parking lot. Parking lots with 10 spaces or fewer may not require interior landscaping if the reviewing agency determines there is adequate perimeter landscaping. If this perimeter landscaping is found to be inadequate, and in parking lots with 11 or more spaces, a minimum of one deciduous shade tree shall be planted for every five parking spaces. Choice of plant materials, buffer width, type of screening, location and frequency of tree planting shall be flexible, provided these objectives are substantially satisfied.

(g) Parking lot layout shall take into consideration pedestrian circulation. Pedestrian crosswalks shall be provided, where necessary and appropriate, shall be distinguished by textured paving and shall be integrated into the wider network of pedestrian walkways. Parking lot lines shall be painted white; fire lanes and handicap stalls shall be painted yellow. Pavement textures shall be required on pedestrian accessways, and strongly encouraged elsewhere in the parking lot, as surfacing materials, or when used as accents.

(3) Parking structures.

(a) The exterior of parking structures shall follow the general design rules for composition and respect for context. Brick or other masonry materials are recommended for the exterior walls. Long, blank expanses of walls shall not be permitted, nor shall walls with a predominance of openings. Parking structure facades shall present at least 50% solid wall area. The use of architectural details and of landscaping is encouraged. If part of a larger building, parking structures shall be fully integrated in terms of materials, colors, style, and openings.

(b) In order to enhance the continuity of the streetscape, and minimize blank walls, parking structures are strongly encouraged to incorporate ground-floor retail and/or other walk-in uses along any frontage facing onto a public right-of-way, including pedestrian accessways. If a parking structure is set back from the property line, intensive landscaping with trees, shrubs and/or climbing plants shall be provided. Planters are encouraged, both along ground floor and upper levels, in order to soften the edges and openings.

(c) Vehicular access to parking structures, if possible, shall be achieved from side streets, although direct pedestrian connections to the primary street shall be provided, where possible; vehicular entrances and exits shall not be overly emphasized, and shall be architecturally integrated into the building.

(4) Loading and service areas.

(a) Loading docks, solid waste facilities, recycling facilities and other service areas shall be placed to the rear or side of buildings, in less visually obtrusive locations.

(b) Screening and landscaping shall prevent direct views of the loading areas and their driveways from adjacent properties or from the public right-of-way. Screening and landscaping shall also prevent spill-over glare, noise or exhaust fumes. Screening and buffering shall be achieved through walls, fences and landscaping, shall be a minimum of six feet high, and shall be visually impervious. Recesses in the building or depressed access ramps can also be used.

(5) Pedestrian circulation, sidewalks and walkways.

(a) Walkway design shall promote pedestrian activity within each site and throughout the district. Walkways shall be separate and distinct from motor vehicle circulation to the greatest extent possible, provide a pleasant route for users, promote enjoyment of the site and encourage incidental social interaction among pedestrians.

(b) Walkways shall be constructed of brick, slate, colored/textured concrete pavers or slabs, or some combination thereof that is compatible with the style, materials, colors and details of the surrounding buildings as well as with the public sidewalks. The functional, visual and tactile properties of the paving materials shall be appropriate to the proposed functions of pedestrian circulation. Walkways shall be raised and curbed along buildings and within parking lots, where suitable.

(c) Barrier-free walkway systems shall be provided to allow pedestrian access to buildings or uses from parking lots and public sidewalks.

(d) Along Wanaque Avenue, the adopted sidewalk shall be in conformance with the Downtown Wanaque Avenue Streetscape Improvement Plan and specifications.

(e) Along the Paterson Hamburg Turnpike, the sidewalk shall be a minimum of five feet wide.

(f) Along Cannonball Road, the sidewalk shall be a minimum of five feet wide.

(g) Modular masonry materials, such as brick, slate, cobblestone and concrete pavers, or gridded cast-in-place materials, such as exposed aggregate concrete slabs, shall be used, whenever possible, on sidewalks, pedestrian walkways and pathways, and public or semi-public plazas, courtyards or open spaces. Asphalt, and nonaggregate exposed concrete slabs shall be avoided.

(6) Bikeways and walking paths/trails.

(a) Bikeways or walking paths may be required at the approving authority's discretion, and shall provide connections to recreation areas, schools, shopping facilities, residential areas, and existing or proposed paths, or any overall bike route or trail plan adopted by the Planning Board. Bicycle traffic shall be separated from motor vehicle and pedestrian traffic as much as possible.

(b) Bikeways shall generally not exceed a grade of 3%, except for short distances, and shall be a minimum of six feet wide. Where bike paths, located outside street rights-of-way, intersect a street, the curbing shall be ramped for bicycle access to the street grade.

(c) Paths shall be designed to accommodate the anticipated demand for these resources. In the design of new development, every effort shall be made to maintain the existing trail and path network through the use of easements or other forms of restrictive covenants.

(7) Lighting.

(a) Streets and sites shall provide adequate lighting, while minimizing adverse impacts, such as glare and overhead sky glow, on adjacent properties and the public right-of-way. House side shields shall be provided where abutting a residential use.

(b) In the DBD and Gateway Districts, the exterior of a site, as well as parking areas, driveways and interior walkways, pedestrian-scale decorative lamp posts shall be provided and spaced at regular intervals. Posts shall be 12 feet in height and be spaced at no more than 80 feet on center. However, exact heights, spacing and wattage may be determined based on the photometric performance of alternative combinations, and in order to provide an average illumination of 1.0 footcandle.

(c) In parking lots, light standards shall not exceed 16 feet in height.

(d) Use of metal halide is encouraged. Low-pressure sodium and mercury vapor lighting are prohibited.

(e) Lighting of facades. Light fixtures attached to the exterior of a building shall be architecturally compatible with the style, materials, colors and details of the building. The type of light source used on the exterior of buildings, signs, parking areas, pedestrian walkways and other areas of a site, and the light quality produced, shall be the same or compatible, Facades shall be lit from the exterior and, as a general rule, lights should be concealed through shielding or recessed behind architectural features. The use of low-pressure sodium, fluorescent or mercury vapor lighting either attached to buildings or to light the exterior of buildings shall be prohibited. Mounting brackets and associated hardware should be inconspicuous.

(8) Landscaping.

(a) Extensive landscaping shall be required in accordance with a plan conceived for each site as a whole. All areas of a site not occupied by buildings, parking lots, other improvements or textured paving shall be intensively planted with trees, shrubs, hedges, ground covers and/or grasses. Perennials and annuals are encouraged. Landscaping shall be integrated with other functional and ornamental site design elements, where appropriate, such as recreational facilities, ground paving materials, paths and walkways, fountains and other water features, trellises, pergolas, and gazebos, fences and walls, street furniture, art and sculpture.

(b) Plant suitability, regular maintenance programs, appropriate plant selection, and compatibility with site and construction features are critical factors which shall be required. Plantings shall be designed with repetition, structured patterns, complementary textures and colors, and shall reinforce the overall character of the area.

(c) Landscape plans shall be prepared by a certified landscape architect or certified professional in the field.

(9) Shade trees.

(a) Shade trees shall be provided along each side of all streets, public or private, existing or proposed. Shade trees shall also be massed at critical points, such as at focal points along a curve in the roadway. On streets where healthy and mature shade trees currently exist, the requirements for new trees may be waived or modified.

(b) Shade trees shall have a minimum caliper of three inches to 3 1/2 inches at time of planting, and a maximum spacing of 30 feet on center, with exact spacing to be evaluated on a site-specific basis. Trees shall be planted, wrapped and staked according to N.J.A.N. standards. In the DBD Districts, trees shall be protected with a four-foot square metal grate.

(c) Permitted shade tree species are: Acer Rubrum "October Glory," Acer Rubrum "Red Sunset," Acer Saccharum "Green Mountain," Fraxinus Americana "Autumn Purple," Tilia Cordata "Greenspire," Zelkova Serrata "Village Green" and "Green Vase," Gleditsia Triacanthos Inermis "Shademaster" and the Pyrus Calleryana "Whitehouse" and "Redspire." As mature specimens, these trees will form a canopy over streets or walkways, reinforcing the pedestrian space and sense of enclosure. The particular species shall be chosen based upon specific locational requirements.

(10) Walls and fences.

(a) Walls and fences shall be designed to create visual interest, to define space, to differentiate public, semi-public and private space, to provide a sense of enclosure, and to guide pedestrian circulation, as well as for their ornamental functions.

(b) Walls and fences shall be made of durable materials, and shall be compatible in style, materials and color with the surrounding buildings. Brick walls with a stone or cast stone cap are encouraged. Wood walls and fences, decorative metal or cast iron fences, masonry or stucco walls and stone piers are permitted. Board-on-board-type wooden fences, with reinforced corners and entrance poles, are permitted in rear and side yards only. Chain link, split rail, highway-style guard rail, stockade or contemporary security fencing such as barbed wire or razor wire are prohibited.

(c) Walls or fences over 50 feet in length shall require piers set no further than 40 feet on center. Corners and entrances shall be defined with articulated piers or posts.

(d) Walls and fences shall not interfere with sight triangle requirements.

(11) Street furniture.

(a) Elements of street furniture, such as benches, waste containers, planters, phone booths, bus shelters, bicycle racks and bollards, should be carefully selected to ensure compatibility with the character of the area and with each other. Consistency in the location of the various elements of street furniture is critical, for maximum effect and functional usage.

(b) Anti-graffiti sealer shall be applied to all street furniture.

(c) Planter sizes and colors shall be varied, to provide visual interest. Planters made of railroad ties, half-barrels or similar are expressly prohibited.

(d) Other elements of street furniture should either echo the early 20th century theme found in the most representative architecture, or adopt a contemporary design that complements but does not clash.

(e) Utilitarian elements such as utility boxes should be discrete, blended into the background and screened, or located underground, where possible.

(12) Sidewalk displays.

(a) Sidewalk displays are permitted directly in front of an establishment, provided at least five feet of clearance is maintained at the storefront entrance, or wider if needed for adequate and uncluttered pedestrian access, provided the display cases are located against the building wall and not more than two feet deep, and provided the display area does not exceed 50% of the length of the storefront display cases, shall be permitted only during normal business hours, and shall be removed at the end of the business day.

E. Building design.

(1) Architectural style.

(a) A diversity of architectural styles adds interest to a streetscape or neighborhood. No particular architectural styles are preferred, and both contemporary contributions and reinterpretations of older architectural styles with a contemporary flavor are encouraged. However, a diversity of appearance in facades shall be counter-balanced with continuity in massing, wall line and horizontal elements.

(b) Architectural styles shall be consistent for each building. Stylistic combinations are discouraged and all architectural elements and exterior details shall be appropriately chosen for the particular style of the building.

(c) In rehabilitations of older buildings, distinctive stylistic features or characteristic examples of skilled craftsmanship shall be treated with sensitivity. If deteriorated, these architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material shall match the material being replaced in composition, design, color, texture and other visual qualities, whenever feasible.

(d) A contemporary flair in alterations and additions to existing properties shall not be discouraged, provided respect for the significant features of the original structure is demonstrated, as well as compatibility.

(e) Corner buildings. Buildings on corner lots shall be considered more significant structures, since they have at least two front facades visibly exposed to the street. If deemed appropriate by the reviewing agency, such buildings may be designed with additional height and architectural embellishments relating to their location.

(f) Multiple uses. In buildings with multiple uses, differences between walk-in ground-floor commercial uses, such as retail, services and restaurants, and upper-level office or residential uses shall be reflected by differences in facade treatment. Storefronts, display windows and other ground-floor openings shall be accentuated through cornice lines. Further differentiation can be achieved through distinct but compatible exterior materials, signs, awnings, and exterior lighting.

(2) Building form and mass.

(a) Structures shall be considered in terms of their relationship to the height and massing of abutting structures, as well as in relation to the human scale. Structures shall maintain an appropriate scale in relation to neighboring structures, and contain external architectural details which maintain a human scale.

(b) Buildings shall be located to front towards and relate to public streets, both functionally and visually. Buildings shall not be oriented to front toward a parking lot.

(c) In a multiple-building development, buildings located on the interior of a site shall front towards and relate to one another, both functionally and visually. To the extent possible, multiple-building developments shall be organized around features such as courtyards, quadrangles and alleys, which encourage pedestrian activity and incidental social interaction among users. Smaller, individualized groupings of buildings are encouraged.

(d) Buildings shall avoid long, uninterrupted wall or roof planes. Building wall offsets, including both projections and recesses, shall be required, in order to provide architectural interest and variety and relieve the visual effect of a single, long wall. Similarly, roofline offsets shall be provided, in order to provide architectural interest and variety to the massing of a building and relieve the effect of a single, long roof.

(e) Larger buildings shall reduce the appearance of bulk through recesses, offsets, changes of plane, stepped terraces or other devices which break down and articulate building mass.

(f) Buildings shall be massed to reinforce street space, and shall exhibit a continuity of facade lines, building height scaled to adjacent structures, and a scale of design features consistent with the surrounding buildings.

(3) Facade treatments.

(a) Primary elevation. The main facade of a building shall be architecturally emphasized through manipulation of the elements of modulation and composition. Expansive blank walls and curtain walls shall not be permitted. Windows shall be required at ground-floor level. Buildings with more than one frontage on public or semi-public space may be required to provide several primary facade treatments.

(b) Side and rear elevations. The architectural treatment of the front facade shall be continued, in its major features, around all visibly exposed sides of a building. All sides of a building shall be architecturally designed to be consistent with regard to style, materials, colors, and details. Blank wall or service area treatment of side and/or rear elevations visible from the public shall not be permitted.

(c) Facade composition. Facades shall be designed to balance vertical and horizontal elements of composition. In general, facades shall present a vertical division into base, middle or shaft, and capital or cornice, as well as a pattern of horizontal subdivisions into bays, where appropriate. Separation of a facade into these components helps relate a building to the human scale. Undifferentiated facades, facades where the vertical elements overwhelm the horizontal elements indicative of changes in level or use, expansive blank walls, or facades with extended horizontal fenestration shall not be permitted.

(d) Horizontal courses. All visibly exposed sides of a building shall have an articulated base course and cornice, in order to break the wall surface into smaller components and humanize a building's scale. Horizontal courses shall be considered an integral part of a building's design and shall be architecturally compatible with the style, materials, colors, and details of the building.

(e) The base course shall be traditionally proportionate to the overall horizontal and vertical dimensions of a facade and shall align with either the kickplate or sill level of the first story. The cornice shall terminate the top of a building wall, may project out horizontally from the vertical building wall plane and may be ornamented with moldings, brackets and other details appropriate to the building's architectural style. The middle section of a building may be horizontally divided at floor, lintel, or sill levels with belt courses.

(4) Materials, colors and details.

(a) All materials, colors and architectural details used on the exterior of a building shall be compatible with the building's style, as well as with each other. A building designed of an architectural style that normally includes certain integral materials, colors and/or details shall incorporate them into its design.

(b) Exterior building materials shall be selected to convey a sense of dignity and permanence to the building. Natural materials and natural colors are preferred. Earth tones are recommended for exteriors, with complementary colors used on trim or details. The following materials and colors are permitted:

[1] Exterior walls: stone, cast stone, stucco or other smooth-finished surface masonry; wood horizontal clapboard, and brick, particularly the tan, brown or red varieties traditionally found in commercial building exteriors in the area.

[2] Roofs: asphalt or cedar shingles, tile, slate, synthetic slate (mineral fiber reinforced roofing shingles), and standing or batten beam metal.

[3] Door trim: wood, stone, steel, anodized aluminum or fiberglass.

[4] Window trim: wood, stone, steel, anodized aluminum, fiberglass or vinyl-clad wood.

[5] Cornices: wood, stone or fiberglass.

[6] Shutters: wood or wood-grained vinyl.

[7] Awnings: canvas.

[8] Gutters, leaders and flashing: galvanized steel, copper, colored anodized aluminum or terne-coated stainless steel.

(c) The use of bare aluminum or other bare metal materials, metal or glazed curtain walls, E.I.F.S. material, mirrored glass, glass or plastic panels, thin veneers, exposed concrete block or artificial materials as exterior building materials is not permitted. Aluminum or vinyl siding is strongly discouraged.

(d) The number of surface materials used on any exterior wall shall be limited to three.

(e) In renovations, the original materials should be retained and repaired, if possible, or replaced with matching materials, if beyond repair. Unpainted brick should not be disturbed, and masonry facades should not be covered or replaced with artificial siding or panels, in cases where the original facade has been adulterated over time," the inappropriate materials should be replaced to match the original materials, where possible.

(5) Roofs.

(a) The type, shape, pitch, texture and color of a roof shall be considered as an integral part of the design of a building and shall be architecturally compatible with the building's style, materials, colors and details.

(b) Roof pitch shall be considered as a function of context and building height. Roof pitch shall be a minimum of 8/12 for gable roofs, and 6/12 for hip roofs. Flat roofs are permitted on buildings of a minimum of two stories in height, provided all visibly exposed walls have an articulated cornice that projects out horizontally from the vertical building wall plane. Hip or gable roofs are permitted where appropriate to the building type and compatible with the surrounding area. Other types of roofs are permitted if appropriate to the building's architecture. Mansard roofs are not permitted.

(c) Architectural embellishments that add visual interest to roofs, such as dormers, belvederes, masonry chimneys, cupolas, clock towers and other similar elements, are encouraged, provided they are architecturally compatible with the building.

(d) In the rehabilitation of older buildings, the design and pitch of the original roof shall be maintained, along with other functional and/or decorative elements such as cornices, dormers, gutters, cupolas and flashing. Replacements shall match as closely as possible the original element in color, material, size and design.

(e) Rooftop elements (HVAC, mechanical appurtenances, and satellite dishes and other telecommunication receiving devices) shall not be visible from the public right-of-way.

(6) Windows.

(a) Fenestration shall be architecturally compatible with the style, materials, colors and details of a building. Windows shall be vertically proportioned wherever possible. To the extent possible, the location of windows on the upper stories of a building shall be vertically aligned with the location of windows and doors on the ground level, including storefronts or display windows, if any. In new buildings, window proportions shall relate to those in nearby buildings.

(b) Permitted retail and personal service uses shall have large-pane display windows on the ground level. Such windows shall be framed by the surrounding wall and shall not exceed 75% of the total ground-level facade area. All other windows shall be double-hung or casement types.

(c) In buildings designed in an architectural style that normally has windows with muntins or divided lights, these shall be required. Snap-on types will be permitted, if fitted on the exterior of the window or between the glazing of the window units.

(d) In the rehabilitation of older buildings, original windows and doors shall be maintained both in number, size, location and expression. In particular, the expression defined by lintel, frame, sill and head shall not be subdued if the original window is replaced by one of modern design.

(e) Windows and doors shall not be filled in or sized down to fit standardized manufactured components.

(f) Blank, windowless walls shall not be permitted.

(g) Shutters. When appropriate to the architectural style of a building, shutters shall be provided on all windows fronting a street or visible from the public viewshed. Shutters may be paneled or louvered, shall be made of wood or woodgrained vinyl, shall be appropriately fastened to the window frame and shall be proportioned to cover half the window.

(7) Entrances.

(a) All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticos, porches, overhangs, railings, balustrades and others, where appropriate. Any such element utilized shall be architecturally compatible with the style, materials, colors and details of the building as a whole, as shall the doors.

(b) In the rehabilitation of older buildings, the original entrance features and doors shall be maintained whenever possible. Modern metal or aluminum doors are particularly inappropriate and shall not be permitted.

(c) Buildings with multiple storefronts shall be unified through the use of architecturally compatible styles, materials, colors, details, awnings, signage, and lighting fixtures on all storefronts.

(8) Signage.

(a) Signs affixed to the exterior of a building shall be architecturally compatible with the style, composition, materials, colors and details of the building, as well as with other signs used on the building or its vicinity.

(b) Signs shall fit within the existing facade features, shall be confined to signable areas, shall be mounted so that the method of installation is concealed, and shall not interfere with door and window openings, conceal architectural details or obscure the composition of the facade where they are located.

(c) Whenever possible, signs located on buildings within the same blockface shall be placed at the same height, in order to create a unified sign band.

(d) In older buildings, signs shall be placed on a facade only in an historically appropriate fashion. Signs applied to masonry surfaces should be mechanically fastened to mortar joints only and not directly into brick or stone. Drilling to provide electrical service should also follow the same rule.

(e) Wood and painted metal are the preferred materials for signs. Flat signs should be framed with raised edges. Signs using wood shall use only high-quality exterior-grade wood with suitable grade finishes.

(f) Sign colors should be limited in number, and should be compatible with the colors of the building facade and of nearby signs. A dull or matte finish is recommended, as it reduces glare and can enhance legibility.

(g) Signs on roofs, dormers and balconies are prohibited. Temporary window signs are permitted on ground-floor windows only. Signs referring to businesses, goods or services no longer located or available at the site are prohibited.

(h) Signs shall be either spot-lighted or back-lighted with a diffused light source. Spot-lighting shall require complete shielding of all light sources; light shall be contained within the sign frame and shall not significantly spill over to other portions of the building or site. Back-lighting shall illuminate the letters, characters or graphics on the sign but not its background. Mercury vapor, low-pressure and high-pressure sodium and metal halide lighting are not permitted. Warm fluorescent bulbs may be used to illuminate the interior of display cases. Neon bulbs placed inside the display case shall ensure low-intensity colors.

(9) Awnings and canopies.

(a) Fixed or retractable awnings are permitted at ground floor level, and on upper levels where appropriate, provided they complement a building's architectural style, are compatible with its materials, colors and details, do not conceal architectural features, such as cornices, columns, pilasters or decorative details, do not impair facade composition, and are designed to work within the building's facade subdivisions. Awning shapes shall reflect the shape of the top of the opening to which they relate.

(b) Canvas is the preferred material, although other waterproofed fabrics may be considered. Metal or aluminum awnings are prohibited. Only solid or striped patterns are permitted.

(c) Awnings shall not extend more than four feet from the building surface or less than eight feet in height from the sidewalk.

(d) Canopies are permitted, and may extend over the sidewalk, but shall not restrict pedestrian circulation, and shall follow the standards set forth for awnings.

(e) Particular attention shall be taken with the selection of the appropriate supporting structure and hardware, as well as with the location and method by which it is attached to the building facade.

(f) In buildings with multiple storefronts, compatible awnings should be used as a means of unifying the structure.

(10) Miscellaneous.

(a) Physical plant. All air-conditioning units, HVAC systems, exhaust pipes or stacks, elevator housing and satellite dishes and other telecommunications receiving devices shall be thoroughly screened from public view, by using walls, roof elements, penthouse-type screening devices or landscaping, designed to be architecturally compatible with the building's style, materials, colors and details.

(b) Fire escapes. Fire escapes shall not be permitted on a building's front facade. In buildings requiring a second means of egress pursuant to the Uniform Construction Code, internal stairs or other routes of egress are preferred. Only in exceptional circumstances shall an attached external fire escape be permitted as one of the required means of egress, and only if located on a building's rear or side elevation.

(c) Security gates. Solid metal security gates or solid roll-down metal windows shall not be permitted. Link or grille-type security devices shall be permitted only if installed from the inside, within the window or door frames; or, if installed on the outside, if the coil box is recessed and concealed behind the building wall. Security grilles shall be recessed and concealed during normal business hours. Models which provide a sense of transparency, in light colors, are encouraged. Other types of security devices fastened to the exterior walls are not permitted.

(d) Banners and flags are encouraged, provided they are appropriately scaled to the building and streetscape, and do not interfere with facade composition or obscure architectural details. Banners and flags shall be of cotton or heavy dacron or nylon, and their colors must complement the colors of the building. All relevant signage provisions are applicable to banners and flags.

§ 190-22 Development standards: single-family residential.

A. Lots.

(1) Lot dimensions and area shall not be less than the requirements of the zoning regulations.

(2) Insofar as practical, side lot lines shall be at right angles to straight street lines and radial to curved street lines.

(3) No lot shall be created on which construction will be rendered impracticable because of existing physical conditions. Where that situation occurs, the affected land shall be incorporated into the adjoining lots or contiguous open space.

B. Block. Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required by this chapter and to provide for convenient access, circulation, control and safety of street traffic.

§ 190-23 Development standards: all residential other than single-family residential.

A. Project planning.

(1) A particular tract may include more than one phase or project.

(2) Final approval may be granted separately for each phase or project.

B. Pedestrian circulation. Pedestrian circulation shall be provided and shall be separate from motor vehicle circulation wherever possible.

C. Dwelling unit mix. The dwelling unit mix for a particular tract shall be such that no more that 75% of the total number of dwelling units shall have the same number of bedrooms. The dwelling unit mix for each phase of a development or for a project on a tract need not reflect the dwelling unit mix prescribed for the entire tract. In such cases, the Board shall include, as a condition of final approval on a particular phase or project, the provision that future projects or phases shall bring the dwelling unit mix into conformance with the above standard.

D. Layout. To the greatest extent possible, the site plan shall divide intended uses into individual small groups using such features as quadrangles, courts, clustering and landscaping. The monotonous repetition of elements shall be avoided.

§ 190-24 Development standards: planned commercial development.

[Added 11-28-2007 by Ord. No. 07-20[1]]

A. Applicability. The following design standards are specific to planned commercial development projects and shall be implemented in addition to the design standards required for nonresidential and mixed-use development.[2]

[2] Editor's Note: See § 190-21 above.

B. Site and building design.

(1) The planned development must enhance the identity and character of the area, by enhancing existing streetscape amenities, maintaining retail continuity in areas where it is prominent, strengthening pedestrian orientation and scale, preserving, where possible, character-giving buildings and contributing to the mixed-use vitality of the area.

(2) Parking, loading and service areas shall avoid adverse effects upon residential uses within and without the development. Where possible, the planned development is encouraged to provide more parking than required to serve synergistic parking needs. Parking shall be located in the side and rear yards.

(3) If possible, the development shall provide for underground installation of utilities.

(4) The development shall incorporate sustainability and "green" building measures to reduce the environmental impact on the site.

(5) The development shall incorporate acceptably designed facilities for stormwater and treatment of landscaped areas and maintenance of facilities.

(6) New developments shall be based on traditional forms in terms of placement, design and quality of materials, so that they share a common identity and express their common heritage with the Borough of Pompton Lakes.

(7) The visual and functional characteristics of streets are important in the design of the community and shall be guided by the following design principles:

(a) Streets should be designed to create a sense of place, with attention to maintaining the visual integrity of the community;

(b) Streets should be designed to accommodate a mix of travel modes, including vehicles, bikes, transit and pedestrians;

(c) Streets should be designed holistically considering the pavement, curbing, bikeways, pedestrian ways, lighting, signs, front yard setback areas and building facades; and

(d) Internal streets should be designed to address both connectivity and protection of the neighborhood. This should be accomplished by providing connections to adjacent activities and neighborhood-serving businesses with streets that do not encourage cut-through traffic.

(8) Pedestrian systems.

(a) All planned development districts shall provide internal or external walkways where pedestrian circulation requires them.

(b) The development plan shall provide for safe, efficient, convenient and harmonious grouping of structures, uses, facilities and open spaces in a manner facilitating pedestrian movement between major origins and destinations, within and adjacent to the district, with a minimum of conflicts with vehicular traffic.

(c) Pedestrian systems through buildings shall be related to a network of exterior open spaces reserved for pedestrian use and enjoyment, consistent with the accessibility standards. Interior and exterior pedestrian ways shall be scaled for anticipated traffic and form a convenient pattern connecting major concentrations of uses within the district, and shall connect to principal access points within and outside the district.

(d) Access for pedestrians and cyclists entering or leaving the planned development shall be by safe and convenient routes. Where there are crossings of pedestrian ways and vehicular routes at edges of planned developments, such crossings shall be safely located, marked and controlled, and where such ways are exposed to substantial vehicular traffic at edges of districts, safeguards shall be required to prevent crossings, except at designated points. Bicycle or pedestrian paths shall be so related to the vehicular system that street crossings are combined.

[1] Editor's Note: This ordinance also redesignated former § 190-24 as § 190-26.

§ 190-25 Development standards: industrial uses. [1]

[Added 11-28-2007 by Ord. No. 07-20]

A. Applicability. The following standards are applicable to properties in the Borough that contain light industrial, manufacturing, warehousing or flex-space uses.

B. Building design. The objectives of the building design standards are to provide overall high-quality building with special emphasis on methods that reduce the visual impact of large buildings, such as warehouses. The exterior appearances of buildings shall complement the character of existing development in the surrounding area.

(1) Specific design features that reduce the visual impact of large buildings shall be used. These include, but are not limited to:

(a) Elements that draw focus, introduce scale and provide three-dimensional effects.

(b) Variations and articulation to overall building facades by changing the facade plane.

(c) Use of subdued wall coloration, patterning, texture and reveals.

(d) Creating or enhancing topography on the site to create visual interest and provide shielding.

(e) Extensive use of landscaping to shield and break up building planes.

(2) Building mass. Solid and unarticulated buildings are not permitted. The mass, scale and visual impact of buildings shall be reduced by staggered building walls. The staggered building walls shall incorporate a setback or bump-out of at least four feet and be a minimum of 50 feet in length at least every 150 feet to 180 feet depending on bay width, or such other architectural treatment that in the opinion of the Board provides an equivalent reduction in the mass, scale and visual impact of the buildings.

(3) Architectural interest. To provide architectural interest, create a three-dimensional effect and further reduce the visual scale and impact of a building. The following techniques shall also be used:

(a) Variations in building treatment shall be liberally used and shall include painted panels, reveals, awnings or canopies, wall openings, wall texture changes, changes in building height and variations in roof lines.

(b) All major entrances to buildings shall be properly identified with architectural elements, such as recessed entranceways, projected overhangs and porticos.

(c) Building entries and building corners shall be readily identifiable through the use of canopies, marquees, architectural treatment and the use of different materials, such as glass.

(d) Where possible, smaller and multiple buildings, instead of one large building, are preferred.

(e) Extensive use of small-scale elements, such as planter walls and hedges, shall be provided, particularly around building entrances.

(f) All roof planes or caps meeting the exterior facade shall have overhangs or appropriate cornice and trim details.

(4) Landscaping as described below shall be employed to further reduce the visual impact of building mass.

(5) Materials.

(a) One dominant material shall be used for each building. Harmonious and complementary materials shall be used among the various buildings in an industrial park.

(b) The front and two side elevations of all buildings and structures shall be constructed of brick, architectural block, architectural precast concrete or tilt-up construction using similar materials of equally high quality and aesthetics. Utility standard concrete panels or masonry units may be used on rear elevations and/or loading dock areas if the rear elevations and loading docks are not visible from any public right-of-way after berming, fencing or landscaping treatment.

(c) Roofs shall be designed to minimize their visual impact to residential neighborhoods and from public rights-of-way. Equipment, vents and stacks on roofs shall be screened as required below.

(6) Color and texture.

(a) Texture patterns shall be provided to create shadow patterns, which will reduce the visual impact and mass of the building.

(b) Variations in color shall be kept to a minimum.

(c) Color shall be subdued in tone, and the use of earth tones is encouraged.

(d) Accent colors may be used but should be consistent in color, size and location on all buildings on site.

C. Location and siting.

(1) Buildings shall be located so as to front on internal roadways.

(2) To the extent practical, nonindustrial or warehouses uses, such as offices and smaller-scale buildings, shall be located adjacent to arterial roads.

(3) To the extent practical, if there are multiple buildings on site, loading and unloading bays shall be located between the buildings so that a single means of ingress and egress serves both buildings.

(4) On-site concrete or brick sidewalks, or such other material acceptable to the Planning Board, shall be provided to connect with existing or planned sidewalks outside the site.

D. Landscaping.

(1) Landscape buffers, including berms, shall be located between buildings, structures, parking areas, loading and unloading areas and public roads in locations which provide for maximum shielding and buffering.

(2) Berms and changes in topography shall be used to reduce the perceived height of buildings.

(3) Trees shall be located along building walls in strategic locations to further reduce the visual impact of long facades.

E. Screening of electrical and mechanical equipment.

(1) Electrical and mechanical equipment shall be located within the interior of a building wherever possible. When an interior location is not practical, such equipment shall be placed in a location where it can be substantially screened from public view. Roof-mounted equipment shall be located so as to not be visible from the public road and shall be hidden with parapets or screens.

(2) Process equipment such as stacks, hoppers, bins, storage vessels, blowers, compressors, piping, ducting, conveyors and the like shall be located and screened so as to minimize the visual impact on adjacent properties.

(3) Satellite dishes and other ground-level utilities shall be screened so as to be unobtrusive when viewed from the public rights-of-way and adjacent uses.

F. Signs. Signs for industrial uses shall adhere to § 190-16Q(7), Signs in nonresidential districts.

[1] Editor's Note: Former § 190-25, Design of streets, was redesignated as § 190-16X by Ord. No. 07-20, adopted 11-28-2007.

§ 190-26 Performance standards for all uses. [1]

No certificate of occupancy shall be issued for any use until documentation is provided to the Construction Code Enforcement Official that the intended use(s) will comply with the performance standards enumerated below.

A. Electrical and/or electronic devices. Radiation products, as defined in DHEW Publication No. (FDA) 75-8003, shall be so limited and controlled that no measurable energy can be recorded at any point beyond the property boundaries. The applicant, upon request, shall produce certified data wherein measurements made in accordance with the procedures and standards set forth in the DHEW Publication No. (FDA) 735-8003 adequately demonstrate compliance with the minimum standards established by the Act. All other forms of electromagnetic radiation shall be restricted to the technical limits established in the Federal Communications Commission's Rules and Regulations. Additionally, electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line, or beyond the operator's dwelling unit in the case of multifamily dwellings, as the result of the operation of such equipment.

B. Glare. No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts or streets.

C. Heat. No use shall produce heat perceptible beyond its lot lines.

D. Noise. Uses and equipment shall be designed and operated in accordance with those rules and regulations pertaining to noise levels established by the New Jersey State Department of Environmental Protection.

E. Odor. Odors as prohibited by New Jersey Department of Environmental Protection (NJDEP) standards shall not be discernible at the lot line or beyond.

F. Storage and disposal of waste. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substances be deposited which can cause an underground aquifer to fail to meet applicable state water quality standards. All materials or waste which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards. All hazardous materials used on the site shall be disposed of in a safe manner in accordance with applicable state and federal regulations.

G. Ventilation. No use shall obstruct the natural ventilation of adjacent uses. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines 10 feet or more or unless equipped with baffles to deflect the discharged air away from adjacent uses.

[1] Editor's Note: Former § 190-26, Design of intersection, was redesignated as § 190-16Y by Ord. No. 07-20, adopted 11-28-2007.

§ 190-27 (Reserved) [1]

[1] Editor's Note: Former § 190-27, Parking lot and driveway design, was redesignated as § 190-16Z by Ord. No. 07-20, adopted 11-28-2007.

§ 190-28 Solid waste disposal.

A. General. Each site plan shall provide for the removal of all solid wastes and shall further provide for temporary on-site storage of all solid waste materials.

B. Access. Adequate access shall be provided to all solid waste storage facilities. Such access shall accommodate the type of vehicle normally used for the collection of wastes.

C. Location.

(1) Storage of wastes which produce no discernible odor may be outdoors.

(2) Outdoor solid waste storage facilities shall be visually screened from elsewhere on the project and from all property lines.

(3) Storage of wastes which produce a discernible odor shall be within a building.

D. Recycling. Requirements set forth in the Borough of Pompton Lakes Code Ch.14, Refuse and Recycling, Art. I, Solid Waste Collection, and the New Jersey Statewide Mandatory Source Separation and Recycling Act[1] and all subsequent revisions shall be complied with. Specifically, all subdivision and site plan applications submitted to the Borough involving 50 or more units of single-family housing or 25 or more units of multifamily housing and any commercial or industrial development which uses 1,000 square feet or more of land must provide for the recycling of designated materials. The following items should be addressed:

(1) Identify materials to be collected.

(2) Identify proposed recyclable material storage locations.

(3) Identify locations where recyclable materials are to be picked up.

(4) Identify frequency of collections.

(5) Identify quantity of recyclable materials expected to be generated.

(6) Where outdoor storage is proposed, the storage area shall be suitably screened from view.

[1] Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.

§ 190-29 (Reserved) [1]

[1] Editor's Note: Former § 190-29, Lighting, was redesignated as § 190-16AA by Ord. No. 07-20, adopted 11-28-2007.

§ 190-30 Drainage.

A. Design storms. Storm sewers, open channels, bridges and culverts shall be designed for minimum flow capacities as follows:

Structure	Design Capacity
Drainage system*	25 years
Drainage structures**	100 years
Open channels	As determined by the Borough Engineer

NOTES:
*	The term "drainage system" refers to the composite of all drainage infrastructure improvements.
**	The term "drainage structures" refers to particular drainage infrastructure improvements such as bridges, culverts, detention and retention facilities.

B. Surface drainage.

(1) As required, approval for drainage structures shall be obtained from the appropriate municipal, county, state and federal agencies and offices or such approval shall be a condition of preliminary approval. When required, each applicant shall make application to the State Division of Water Policy and Supply of the Department and to the Board Secretary, with copies to the Borough Engineer.

(2) Where a lot or tract is traversed by a watercourse, surface or underground drainage system, channel or stream carrying water from an adjacent tract of land, there shall be provided and dedicated a drainage right-of-way easement to the Borough conforming substantially with the lines of such watercourse, and such further width of construction, or both, as will be adequate to accommodate expected stormwater runoff in the future, based upon reasonable growth potential in the Borough and, in any event, meeting the minimum widths and locations shown on an adopted Official Map or element of the Master Plan for the Borough or, where not so shown, having a minimum width of 20 feet.

(3) The system shall be adequate to carry off or store the stormwater and natural drainage which originates not only within the lot or tract boundaries, but also that which originates beyond the lot or tract boundaries and traverses the site. No stormwater runoff or natural drainage shall be diverted so as to overload existing drainage structures on other private properties or public lands without adequate provision for off-tract improvements to accommodate the condition(s). Final disposition of stormwater shall be to an existing natural watercourse.

(4) Street and off-site drainage facilities must be provided with sufficient catch basins, storm sewers, culverts, swales and/or other drainage appurtenances for the proper drainage of the area in light of existing conditions and the proposed construction of buildings and paved areas.

(5) Lots shall be graded to secure proper drainage away from buildings and into drainage facilities. Additionally, drainage shall be provided in a manner which will prevent the collection of stormwater in pools or other unauthorized concentrations of flow. To the extent possible, grading shall not divert water to flow across property lines.

C. Building drainage.

(1) All sump pumps, roof leaders and foundation drains shall be connected to the drainage system, if available.

(2) To prevent water from entering basements or cellars in areas where a high water table exists or is anticipated, as determined from secondary sources, the Board shall require the applicant to provide adequate subsurface drainage facilities before any basements or cellars are approved for construction.

D. Materials. Storm sewer and culverts shall be constructed of reinforced concrete pipe, corrugated metal pipe or aluminum culvert pipe as hereinafter specified.

(1) Reinforced concrete pipe shall conform to the requirements of Standard Specifications for Reinforced Concrete Pipes, ASTM designation C-76 of the year of last revision.

(2) Corrugated metal pipe shall conform to the requirements of current American Association of State Highway Officials (AASHO) specifications, designation M-36, for corrugated metal culvert pipe and, in addition, shall be provided with an exterior bituminous lining applied by a centrifugal method, extending not less than 1/8 inch beyond the rest of the corrugations forming the entire inner circumference of the pipe. After application of the lining, the internal diameter of twelve- to twenty-four-inch pipe shall not vary more than 1.5% from the nominal diameter. The internal diameter of larger pipe after application of the lining shall not vary more than 1% or 3/8 inch whichever is greater, from the nominal diameter. Material for lining shall conform to the requirements of Article 8.1.3 of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction for 1961, as amended.

(3) Where adequate to accommodate stormwater runoff, six-inch PVC may be used to connect yard drains, leaders, etc. However, adequate cleanouts shall be provided to allow for maintenance of the system.

§ 190-31 Stormwater control ordinance.

[Amended 3-24-2021 by Ord. No. 21-08; 4-24-2024 by Ord. No. 24-21]

Editor's Note: Prior history includes Ord. No. 97-08.

A. Scope and purpose.

(1) Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for green infrastructure, water quality, quantity, and groundwater recharge.

(2) Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.

(3) Applicability.

(a) This section shall be applicable to the following major developments:

[1] Non-residential major developments and redevelopment projects; and

[2] Aspects of residential major developments and redevelopment projects that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21 et seq.

(b) This section shall also be applicable to all major developments undertaken by the Borough of Pompton Lakes.

(c) Applicability of this section to major developments shall comply with last amended N.J.A.C. 7:8-1.6, incorporated herein by reference.

(4) Compatibility with other permit and ordinance requirements.

(a) Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

(b) This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

B. Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions used in this section shall be the same as the last amended Stormwater Management Rules at N.J.A.C. 7:8-1.2, incorporated herein by reference.

C. Design and performance standards for stormwater management measures. This section establishes design and performance standards for stormwater management measures for major development intended to minimize the adverse impact of stormwater runoff on water quality and water quantity and loss of groundwater recharge in receiving water bodies. Design and performance standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5, incorporated herein by reference.

D. Solids and floatable materials control standards.

(1) Site design features identified under Subsection C above, or alternative designs in accordance with Subsection C above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection D(1)(b) below.

(a) Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

[1] The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or

[2] A different grate, if each individual clear space in that grate has an area of no more than seven square inches or is no greater than 0.5 inches across the smallest dimension. Note that the Residential Site Improvement Standards at N.J.A.C. 5:21 include requirements for bicycle safe grates.

[a] Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

[3] For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.

(b) The standard in Subsection D(1)(a) above does not apply:

[1] Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;

[2] Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;

[3] Where flows from the water quality design storm as specified in the last amended Stormwater Management rules at N.J.A.C. 7:8 et seq. are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

[a] A rectangular space four and five-eighths (4.625) inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or

[b] A bar screen having a bar spacing of 0.5 inches.

Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).

[4] Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or

[5] Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

E. Safety standards for stormwater management basins.

(1) This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin. Safety standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-6, incorporated herein by reference.

(2) Safety ledge illustration.

Elevation View - Basin Safety Ledge Configuration

F. Requirements for a site development stormwater plan.

(1) Submission of site development stormwater plan.

(a) Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection F(3) below as part of the submission of the application for approval.

(b) The applicant shall demonstrate that the project meets the standards set forth in this section.

(2) Site development stormwater plan approval. The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

(3) Submission of site development stormwater plan. The following information shall be required:

(a) Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of 1"=200' or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.

(b) Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

(c) Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

(d) Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsection C is being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

(e) Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

[1] Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

[2] Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

(f) Calculations.

[1] Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection C of this section.

[2] When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

(g) Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection G.

(h) Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection F(3)(a) through F(3)(f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

G. Maintenance and repair.

(1) Applicability. Projects subject to review as in Subsection A(3) of this section shall comply with the requirements of Subsection G(2) and G(3).

(2) General maintenance.

(a) Maintenance for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.

(b) The following requirements of N.J.A.C. 7:8-5.8 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department:

[1] If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation; and

[2] Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.

https://www.njstormwater.org/maintenance_guidance.htm.

(c) In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

(3) Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

H. Penalties. Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this chapter shall be subject to one or more of the following penalties: Imprisonment for a term not exceeding 90 days; a fine not exceeding $2,000; and a period of community service not to exceed 90 days.

§ 190-32 Sewage disposal.

All sewage disposal shall utilize public sewers designed in accordance with the requirements of the Pompton Lakes Municipal Utility Authority.[1]

[1] Editor's Note: See Ch. 50, Utilities Authority.

§ 190-33 Water supply and fire protection.

A. Public water. Where public water is accessible, water mains shall be constructed in such a manner as to provide for adequate water pressure and volume. The water system shall be designed in accordance with the requirements and standards of the agency having approval authority and shall be subject to its approval; provided, however, that the system shall not include treatment or storage facilities to service off-tract development. The system shall be designed with adequate capacity and sustained pressure in a looped system with no dead-end lines unless such dead-end lines service no more than 16 dwelling units or 2,500 square feet of nonresidential building space.

B. Private wells. Where no public water is accessible, water shall be furnished on an individual-lot basis, or, if controlled by a homeowners' association or similar organization, one well may service multiple lots. If wells are installed on each lot and the lot also contains its own sewage disposal facilities, the wells shall be of the drilled-type with a minimum of 50 feet of casing. Well installation, sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 100 of the Laws of 1954[1]), as amended, and shall be certified by the well driller. Before being placed in consumer use, it shall be disinfected by the use of sodium hypochlorite or other acceptable solution, and a sample collected by a county or state health department representative for bacteriological examination as well as a certificate from the health officer that the owner has complied with the applicable local and state health regulations shall be submitted to the Borough before the issuance of building permits in connection with each individual lot.

[1] Editor's Note: See N.J.S.A. 58:11-23 et seq.

C. Fire protection.

(1) In areas serviced by public water, fire hydrants shall be located as approved by the Chief of the Fire Department.

(2) Where there is a public water system, no portion of a structure shall be more than 300 feet from a fire hydrant.

(3) Where no public water exists or will be provided, and where streams or ponds exist or are proposed on lands to be developed, facilities shall be provided to draft water for fire-fighting purposes. This shall include access to a public street suitable for use by fire-fighting equipment and construction of or improvements to ponds, dams or similar on-site or off-site development, where feasible. Such facilities shall be constructed to the satisfaction of the Borough Engineer, Fire Inspector and Fire Insurance Rating Organization Standards.

§ 190-34 Utilities.

A. Utilities to be provided.

(1) All developments shall be served by telephone and electric service and, where available, gas service, public water in accordance with § 190-33, public sanitary sewerage in accordance with § 190-32 and cable television.

(2) Each such service shall be connected to an approved public utilities system where one exists.

B. Location.

(1) All utility services shall be below ground, except that terminal boxes may be located above ground. If located within a street, said utilities shall be outside of the cartway except for required crossings. Lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from these overhead lines, but any new service connections from the utilities' overhead lines shall be installed underground. In the case of existing overhead utilities, however, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground, if in accordance with current Public Utility Commissioners (PUC) regulation.

(2) The developer shall arrange with the servicing utility for the underground installation of the utilities' distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of the servicing utility's tariff and on file with the State of New Jersey Board of Public Utility Commissioners. The developer shall submit, prior to the granting of final approval, a written instrument from each servicing utility which shall evidence full compliance or intended full compliance with the provisions of this section.

C. As-built plans. The developer shall provide the Borough with at least one Mylar of a final as-built plan showing the installed location(s) of all utilities.

§ 190-35 (Reserved) [1]

[1] Editor's Note: Former § 190-35, Landscaping, shade trees and buffers, was redesignated as § 190-16BB by Ord. No. 07-20, adopted 11-28-2007.

§ 190-36 Grading and topsoil removal.

A. Soil removal. Soil removal shall be in accordance with provisions of Chapter 25, Soil Mining and Soil Removal, of the Code of the Borough of Pompton Lakes.

(1) All graded or stripped areas shall be stabilized by four inches of topsoil and seeding or other landscaping. Exposed rock may be left in its natural state if it can be demonstrated that the rock face will remain stable.

(2) All areas shown on the plan shall be graded to ensure that surface water flow is away from buildings and pedestrian walkways in accordance with the approved drainage plan.

(3) Surfaces shall be designed to reduce maintenance requirements and allow the cutting of grass and cleaning of drainage swales and ditches without special equipment.

(4) Wherever a change in final grade results in slopes in excess of three to one (other than a stable rock face) or wherever it is determined that slopes will not be stable or that erosion will occur, retaining walls shall be used which shall be of a permanent, maintenance-free design.

B. Residential lots. Prior to the issuance of a construction permit, detailed grading plans shall be provided for review by the Borough Engineer. No certificate of occupancy shall be issued until the Borough Engineer is satisfied that final grading has been completed in accordance with the detailed grading plans.

§ 190-37 Tree removal.

A. Removal of trees.

(1) No tree with a diameter in excess of six inches (dbh) shall be removed if located a distance greater than 25 feet from any construction unless approved by the Board.

(2) All areas of tree removal shall be indicated on the development plan.

(3) All provisions of any other applicable ordinance of the Borough of Pompton Lakes regulating the removal of trees shall be complied with.

B. Tree protection.

(1) Treed areas to remain shall be protected physically during construction, the method of protection to be approved by the Board.

(2) Wherever grading results in fill being placed around the base of any tree that is to remain, a tree well shall be provided.

§ 190-38 Open space.

A. Requirements.

(1) When a development plan incorporates open space, the applicant may, if both the applicant and the Borough agree, deed the open space to the Borough. If the development plan incorporates multiple ownership, such as a cooperative or a condominium, any open space not deeded to the Borough shall be owned and maintained by an association.

(2) As part of the application for any site plan incorporating open space, a maintenance agreement shall be submitted to the Board for review and approval.

B. General design criteria.

(1) The use of land for active recreation shall be limited to those areas where topographic features will allow such use without extensive grading and removal of natural vegetation. While the specific usage shall be determined by the applicant, the recreational facilities provided should be suitable for use by the anticipated occupants of the development and should augment and not duplicate existing Borough recreational facilities in the vicinity of the tract if such facilities adequately serve the proposed development.

(2) Passive open space should be left in its natural state, augmented for erosion control and aesthetic value by landscaping. Particular effort should be made to reduce future maintenance requirements. Improvements should be limited to pedestrian circulation, picnic areas and similar uses.

(3) Plans, specifications and manufacturers' catalogue cuts of any proposed recreational improvements or equipment shall be included for the Board's review prior to final approval of the site plan.

§ 190-39 (Reserved) [1]

[1] Editor's Note: Former § 190-39, Parking and loading, was redesignated as § 190-16CC by Ord. No. 07-20, adopted 11-28-2007.

§ 190-39.1 Steep slope areas.

[Added 3-10-2004 by Ord. No. 04-03]

A. According to the Soil Conservation Service, United States Department of Agriculture, soils with a slope of 15% or greater invariably involve severe limitations to development, including but not limited to building and road construction and septic effluent disposal. Moreover, it is found that the removal of vegetation and disturbance of soils on steep slopes by excavation and fill will increase runoff and result in soil erosion and siltation with the resultant pollution of streams, as well as the potential danger of flooding and water drainage, thereby having the potential of endangering public and private life; that this condition is aggravated by soil disturbance, construction and development on these slopes which create an additional hazard to the lives and property of those dwelling on the slopes below them; and that the most appropriate method of alleviating such conditions is through the regulation of such vegetation and soil disturbances, construction and development. It is, therefore, determined that the special and paramount public interest in these slopes justifies the regulation of property located thereon as provided below, which is the exercise of the police power of the Borough for the protection of persons and property of its inhabitants and for the preservation of the public health, safety and general welfare.

B. Restricted slope area. Any slope having a grade of 15% or more, identified as "D" and "E" and "F" slopes on the soil maps or identified as having a grade in excess of 15% by detailed site specific topographic surveys. Such slopes include, but without limitation, soils designated as Hibernia very stony loam (HID), Holyoke-Rock outcrop complex (HrE), Parker very gravelly sandy loam (PbD), Parker-Edneyville extremely stony sandy loams (PeD), Rockaway extremely stony sandy loan (RrD), Rockaway-Rock outcrop complex (RvD) (RsE) (RsF), Parker-Rock outcrop complex (PIE).

C. Regulations for restricted slope area. Conforming uses are permitted on lots containing restricted slope areas, provided that no building or structure, including swimming pools, vehicular facilities (including roads, drives, and parking areas), on-lot sewage disposal facilities, and/or substantial nonagricultural displacement of soil, is located within the restricted slope area as herein defined, and provided that any such use is permitted in the zone in which the premises are located.

D. Designation of base site area.

(1) "Base site area" shall be defined as that land area not of a restricted slope area nature that must be provided within the building envelope of each lot and which contains as a minimum the following:

(a) Minimum area for house and related facilities exclusive of septic system and reserve septic area shall be contiguous square feet not of a restricted slope area nature; and

(b) Minimum area for septic system and reserve septic area shall be contiguous square feet not of a restricted slope area nature. The area set forth in this Subsection D(1)(b) is not required to be contiguous to the area set forth in Subsection D(1)(a) above, but must be on the same lot.

(2) For the purpose of this section, "building envelope" shall be defined to mean that portion of a lot which remains after all front, rear and side yard setback requirements, as set forth in the Zoning Ordinance, have been established.

E. Driveway construction. Where the minimum and/or actual front yard setbacks contain areas of a restricted slope area nature, driveways serving single-family residences shall be permitted to be constructed and cross the minimum and/or actual setbacks, provided all applicable driveway development standards are met and said driveways are constructed as follows:

(1) Driveways serving single-family residences shall be constructed so that there shall be a grade of 2% starting at the curbline and running for a distance of not less than 12 feet. There shall be a standing area in front of the garage a minimum of 25 feet in length with a grade not to exceed 5%. That portion of the driveway connecting to the standing area of the garage and the 2% grade from the curbline shall be constructed with smooth transitional curves and shall not exceed a grade of 15%. In the foregoing, where the driveway on a particular lot is to be constructed two or more feet below the grade of the terrain on either side of the driveway, said driveway shall be a minimum of 16 feet in width in order to allow for the storage of plowed snow during inclement weather. All driveway surfaces, whether paved or unpaved, within restricted slope areas shall be considered to be impervious surfaces and shall be so included in the hydraulic calculations for the design of stormwater management drainage facilities.

F. Exceptions and waivers for restricted slope areas.

(1) Where an applicant demonstrates through topographic maps, and such proof is confirmed through on-site inspection by the Planning Board Engineer, that a property is misclassified and is not in a restricted slope area, then the Construction Official may grant an exception and proceed to process a construction application. Said information or proof shall show that the lot has within it sufficient land not of a restricted slope area nature to equal the required base site area and the lot equals at least the required lot size in the zone. The portion of the lot that qualifies as a restricted slope area shall be so classified and not utilized unless a waiver is granted.

(2) Exceptions from the restricted slope area regulations shall proceed pursuant to N.J.S.A. 40:55D-70(c). In considering such requests for exceptions, the Planning Board may refer requests to the Planning Board Engineer, the Environmental Committee and the Board of Health for recommendations. Such recommendations shall be made within 30 days after receipt of referral. Where applicable, in accordance with the Municipal Land Use Law of 1975, the Zoning Board of Adjustment may act in place of the Planning Board.

G. Stormwater management.

(1) Procedures and fees under the within section shall all be in accordance with the sections relating to procedures and fees in the Stormwater Management Ordinance.

(2) Slope information to be coordinated with stormwater management application, if applicable: In the event a person proposes an activity with respect to a tract of land to which the Stormwater Management Ordinance applies, then and in that event all reports and documents submitted under the Stormwater Management Ordinance shall be amplified to include discussion and evaluation of slopes pursuant to the within section.

§ 190-39.2 Hillside development standards.

[Added 11-28-2007 by Ord. No. 07-20]

A. Site grading.

(1) Grading shall be limited to that which is necessary to construct buildings, drives and usable open space.

(2) To the greatest extent possible, grading shall be designed to conserve natural topographic features and appearances by sculpting the land to blend slopes and benches with natural topography and retain major natural topographic features, including natural drainage courses, prominent knolls, ravines, wildlife habitats and existing vegetation.

(3) Cuts and fills are prohibited in areas with natural slopes greater than 30% except as needed to provide for utility service to developable areas. On lesser slopes, no more than 75% of the lot can be disturbed through cut and fill.

(4) Building in areas with more than 25% slope or areas containing liquefiable soil with poor bearing capacity, slide potential, fault rupture zones and other geotechnical or fire hazards shall be avoided.

(5) The overall slope, height or grade of any cut or fill slope shall be developed to appear similar to the natural contours in scale with the natural terrain of the site.

(6) Cuts and fills shall be limited to the extent necessary and shall be balanced on site whenever possible to avoid excessive cut and fill and to avoid import or export.

(7) Grading shall be phased so that prompt revegetation or construction will control erosion. Where possible, only those areas which will be immediately developed, resurfaced or landscaped shall be disturbed.

(8) After placing development, the site shall be restored as closely as possible to its original topography.

(9) Where cut and fill conditions are created, slopes shall be varied rather than left at a constant angle, which creates an unnatural, engineered appearance.

(10) No excavation or other earth disturbance shall be permitted on any hillside area prior to the issuance of a building permit, with the exception of drill holes and exploratory trenches for the collection of geologic and soil data. Such trenches shall be properly backfilled, and erosion treatment shall be provided where such slopes exceed 20%.

B. Drainage.

(1) Runoff shall be dispersed within the subject property to the greatest extent feasible. Runoff concentration that requires larger drainage facilities shall be avoided.

(2) Natural drainage courses shall be preserved with any native vegetation intact and shall be enhanced to the extent possible, and shall be incorporated as an integral part of the site design in order to preserve the natural character of the area.

(3) Man-made drainage channels shall receive a naturalizing treatment such as rock and landscaping so that the structure appears as a natural part of the environment.

C. Building siting.

(1) Buildings shall be designed to fit the site rather than modifying the site to fit the proposed buildings.

(2) If a site has unique geological features, such as rock outcroppings or cliff faces, special care shall be taken to design the buildings for the site so that such site features are preserved.

(3) Views of the ridges, as viewed from within and outside the development, shall be preserved, and all buildings should be oriented to allow view opportunities.

(4) A variety of building and lot orientations shall be provided in order to encourage development suitable with the hillside character of the site.

(5) The placement and architecture of units shall be designed to avoid a massive wall and monotonous patterns of building silhouettes.

(6) The height of the lowest finished floor(s) of a structure, excluding cellars, shall not be more than three feet above the existing grade to ensure that buildings follow slopes.

D. Landscaping.

(1) Buildings shall be sited to incorporate existing vegetation into the site design to preserve the natural hillside image and character of the area.

(2) Existing vegetation shall be retained wherever possible and shall be used to soften structural mass and help blend buildings into the natural setting.

(3) All exposed slopes and graded areas shall be landscaped with ground cover, shrubs and trees, and cuts and fills shall be designed to limit the impact on existing vegetation on site.

(4) Indigenous vegetation shall be chosen for its weather-tolerant and decorative qualities, as well as its ability to support native wildlife.

E. Retaining walls.

(1) Retaining walls shall follow the natural contours of the slope.

(2) All materials used to construct retaining walls shall consist of native stone or other material of a color and texture that mimics the color and texture of the surrounding native plant materials. Retaining walls located in public rights-of-way or visible from public spaces shall be faced with natural stone.

(3) The maximum length of any continuous retaining wall shall not be more than 100 linear feet.

(4) No retaining walls shall be permitted between residential lots as a means of creating additional usable pad area.

(5) The use of utilitarian retaining wall designs such as crib walls and geogrids shall be prohibited.

(6) All retaining walls shall be engineered to comply with Borough ordinances and regulations and shall be a maximum of six feet in height.

(7) All planting areas for retaining walls shall be provided with an automatic irrigation system. Such irrigation system shall be approved and inspected prior to the construction of any wall.

F. Fencing and privacy walls. Location and alignment of fences should conform to the natural topography of the area and enhanced with landscaping.

(1) All fences and privacy walls adjacent to or visible from public roads or major public spaces (i.e., golf course or recreation areas) shall be of decorative masonry or other approved materials which have a natural appearance and shall be a color that blends with the surrounding environment and complementary to the landscape.

(2) A minimum setback distance of 12 feet shall be provided between any fence or privacy wall adjacent to a public right-of-way.

G. Street and driveways.

(1) Road construction shall follow the existing road pattern and existing contours to the fullest extent possible in order to minimize grading, erosion and environmental disturbance, while providing adequate access for vehicles, including emergency service vehicles.

(2) The access road shall be designed to provide access to all residential lots.

(3) The maximum slope of a driveway shall not exceed 15% unless it can be demonstrated that a flatter driveway cannot be constructed without excessive grading (more than four feet of cut or three feet of fill).

(4) Driveways serving one residence shall have a minimum width of 12 feet.

(5) Shared driveways serving more than one lot are encouraged as a means of reducing grading and impervious surfaces.

(6) All public streets, internal roadways and private driveways shall be designed and constructed in accordance with the requirements of the New Jersey Residential Site Improvement Standards. Private driveways shall be designed and constructed in accordance with the applicable sections of the Pompton Lakes zoning standards.[1]

[1] Editor's Note: See § 190-16Z, Parking lot and driveway design.

H. Lighting.

(1) Exterior lighting shall be properly shielded to avoid glare and the spill of light to surrounding areas. Low-level lighting and the use of multiple low-profile fixtures is encouraged, as opposed to the use of fewer, but taller, fixtures. Emphasis for exterior lighting shall be on safety and landscape lighting as opposed to structure lighting.

(2) Adequate lighting fixtures for walks, steps, parking areas, driveways, streets and other facilities shall be provided at locations to provide for the safe and convenient use of the same. Fixtures shall be situated and designated in keeping with the character of the development and shall be adequately shielded to screen windows of dwelling units, both off and on the development site, from direct and indirect light. No flashing, intermittent, moving light shall be permitted.

I. Architecture. Buildings and structures shall be designed to be compatible with the natural surroundings of the area and shall not dominate the natural environment using the following techniques:

(1) Varied setbacks, roof lines, innovative building techniques, building forms and low retaining walls which blend structures into the terrain shall be used.

(2) Building designs such as split-level and stair-stepping foundations and the use of piers are encouraged.

(3) Building designs which require less grading shall enhance the site's natural features through the use of split-level designs and stepped foundations which mirror the slope of a hillside.

(4) Roof lines shall be broken into smaller components to reflect the irregular natural hillside patterns and shall be oriented in the same direction as the slope of the contour.

(5) A variety of roof orientations and types shall be incorporated into the design of the development. Varied rooflines shall serve to reduce the scale of the building and provide for interesting design. Rooflines should not extend in height over the ridgeline so as to not be visible from the public viewshed from within and outside of the development.

(6) No rooftop equipment for heating, cooling or other purposes shall be permitted.

(7) The apparent size of exterior wall surfaces visible from off the site shall be minimized through the use of single-story elements, stepbacks, overhangs, landscaping, and/or other means of horizontal and vertical articulation to create changing shadow lines and break up massive forms.

(8) Architectural treatments on all exterior walls of any building shall be designed to avoid a monotonous or continuous facade of the exterior wall. One continuous vertical or horizontal plane on the front and rear facade of any building is not permitted.

(9) Buildings shall use articulation (i.e., insets, pop-outs, etc.) and roof orientation as a means to prevent massing.

(10) Windows, balconies, and outdoor living areas generally shall be located to protect the privacy of adjacent homes and yards.

(11) Support structures (for example, columns, pilings, etc.) below the lowest floor on the downhill side of a house shall be enclosed unless visible structural members are an integral feature of the architectural design. A support-structure wall surface shall not exceed six feet in height.

(12) Building materials and colors shall be compatible with the natural setting. Exterior colors shall be limited to earth tones, and materials shall be nonreflective. The color, material and texture palette shall be reinforced with compatible landscaping.

(13) Patios, pools, trellises and ancillary structures shall be screened from public view.

(14) Air-conditioning units in excess of 2,500 BTUs shall be screened and insulated for aesthetic and acoustical purposes.

§ 190-39.3 Environmental sustainability standards.

[Added 11-28-2007 by Ord. No. 07-20]

A. Green roofs. Green roofs are encouraged in Pompton Lakes' commercial districts because they reduce stormwater run-off, absorb pollutants from rainwater, counter the increased heat of urban areas, provide a habitat for a diversity of wildlife species, reduce overall building energy costs, and improve air and aesthetic qualities. Development proposals that include green roofs receive bonus impervious surface allowances if specified in the district regulations. To qualify for this bonus option, the green roof must meet all of the following requirements:

(1) The green roof must cover more than 50% of the net roof area (i.e., total gross area of the roof minus any roof area covered by mechanical equipment) or 2,000 square feet of contiguous roof area, whichever is greater.

(2) Documentation must be submitted demonstrating that the roof can support the additional loads of plants, soil and retained water, and that an adequate soil depth will be provided for plants to thrive.

(3) The roof area must contain sufficient space for future installations (i.e., mechanical equipment) that will prevent adverse impacts (i.e., removal or damage to plants or reduction in area) on the green roof.

(4) Plant varieties, soil depths and soil content must comply with all Borough environmental guidelines.

(5) Vegetation must be maintained for the life of the building, and green roofs are subject to periodic inspection by the Zoning Department to ensure that the amenity is properly maintained.

(6) Private decks or terraces associated with individual dwelling units do not qualify for the impervious coverage bonus.

(7) Covenants. The property owner must execute a covenant with the Borough ensuring continuation and maintenance of the green roof by the property owner.

(a) If the owner fails to perform under the covenant, the Borough may terminate occupancy of the site and seek all necessary injunctive relief, including seeking to prevent future occupancy of the site while a violation of the covenant exists.

(b) The form of all covenants must be approved by the Borough Attorney. The covenant must run with the land. The covenant must be attached to the deed and be recorded in the appropriate records of the county in which the site is located. Proof of the recording must be made prior to the issuance of any building permits.

(c) The covenant must also comply with the requirements of § 190-40, Agreements.

§ 190-40 Agreements.

The following agreements shall be provided by the applicant for review and comment or approval by the Board. These agreements shall be part of the final site plan submission, but may be submitted for discussion prior to the final submission.

A. Developer's agreement. The applicant shall enter into a developer's agreement in a form acceptable to the Borough. This agreement shall set forth the bonding and inspection fee requirements, the period required for the completion of public improvements and any conditions set forth in the resolutions of preliminary and final approval.

B. Deeds/easements. For property to be transferred to the Borough and for all easements shown on the site plan and requested by the Board, the applicant shall prepare all necessary deeds of transfer of title and/or easements in a form acceptable to the Borough. These deed(s) shall be accompanied by a map drawn to the scale of the Borough's Tax Maps showing proposed lot lines, easements and lot numbers.

C. Ownership organizations. If any site plan is approved which involves lands in common ownership, or common elements, the applicant shall establish an organization(s) to own and maintain such common lands and elements. Those documents establishing said organization(s) shall include the following provisions:

(1) Membership in any created organization by all property owners with the right of enjoyment of all common lands and/or common elements shall be mandatory. Such required membership in any created organization and the responsibilities upon the members shall be in writing between the organization and the individual in the form of a covenant, with each member agreeing to his liability for his pro rata share of the organization's costs and providing that the Borough shall be a third party beneficiary to such covenant entitled to enforce its provisions. The terms and conditions of said covenant shall be reviewed by both the Borough Attorney and the Planning Board Attorney prior to final approval.

(2) Executed deeds transferring title of common land and/or common elements to the organization shall be tendered to the Borough simultaneously with the granting or as a condition of final approval stating that the prescribed use(s) of the lands in common ownership shall be absolute and not subject to reversion for possible future development for the Board's review. Final approval of the site plan shall expire 95 days from the date of decision unless within such period the plat and all related deeds and easements shall have been duly filed by the developer with the county recording officer.

(3) The organization shall be responsible for liability insurance, municipal taxes, maintenance of land and any facilities that may be erected on any land deeded to the organization and shall hold the Borough harmless from any liability relating to other common lands or common elements.

(4) Any assessment levied by the organization may become a lien on the private properties in the development. The duly created organization shall be allowed to adjust the assessment to meet changing needs and any deeded lands may be sold, donated or in any other way conveyed to the Borough for public purposes only, but only if agreed to by the Borough.

(5) The organization initially created by the developer shall clearly described in its bylaws the rights and obligations of any owner and tenant in the development, along with the covenant and model deeds and the Articles of Incorporation of the association, prior to or as a condition of final approval by the Borough.

(6) Part of the development proposals submitted to and approved by the Borough shall be the provisions to ensure that control of the organization will be transferred to the individual owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the bylaws that the organization shall have the maintenance responsibilities for all lands to which they hold title in accordance with § 190-40D.

D. Maintenance agreement.

(1) Any site plan which incorporates open space and/or private roads entirely owned by the individual, partnership or corporation (other than a homeowners', cooperative or condominium association) shall enter into a maintenance agreement with the Borough subject to the conditions set forth below.

(2) Any site plan which incorporates open space, land in common ownership or common elements shall establish an organization to maintain such common lands and elements in accordance with law. Such organization shall not be dissolved nor shall it sell or otherwise dispose of said common lands or elements except to another organization which is conceived and established to own and maintain said common lands and elements. Said organization shall enter into a maintenance agreement with the Borough subject to the conditions set forth below.

(3) In the event that the owner or organization shall fail to maintain the open space or common elements in reasonable order and condition, the Borough Council may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization or owners have failed to maintain the open space in reasonable condition and demanding that any deficiencies be remedied within 35 days. This notice shall also state the date and the place of a hearing thereon which shall be held within 15 days of the date of the notice. At such hearing, the Borough Council may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modification thereof shall not be corrected within 35 days of the date of the notice, or within the period of any extension granted, the municipality, in order to preserve the open space or common elements and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest the public any rights to use the open space or common elements except when the same is voluntarily dedicated to the public by the organization or owners. Before the expiration of said year, the Borough Council shall, upon the request of the organization therefor responsible for the maintenance of the open space or common elements, call a public hearing upon 15 days' notice to such organization of owners of the development, to be held by the Borough Council, at which hearing such organization or owners of the development shall show cause why such maintenance by the municipality shall not, at the discretion of the municipality, continue for a succeeding year. If the Borough Council shall determine that such organization is ready and able to maintain such open space or common elements in reasonable condition, the municipality shall cease to maintain said open space or common elements at the end of said year. If the Borough Council shall determine such organization is not ready and able to maintain said open space or common elements in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space or common elements during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Borough Council in any such case shall constitute a final administrative decision subject to judicial review. The cost of such maintenance by the municipality shall be assessed ratable against the properties within the development that have a right of enjoyment of the open space or common elements and shall become a tax lien on said properties. The municipality, at the time of entering upon said open space or common elements for the purpose of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien within the development, and the same shall be discharged by the Municipality upon payment as with other liens.