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.
[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:
(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.
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.
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.
[Added 11-28-2007 by Ord.
No. 07-20[1]]
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.
[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.
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.
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.
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.
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.
[Amended 3-24-2021 by Ord. No. 21-08]
Editor's Note: Prior history includes Ord. No. 97-08.
A.
EXEMPT DEVELOPMENT
MAJOR DEVELOPMENT
(1)
(2)
(3)
(4)
MINOR DEVELOPMENT
Definitions. All terms in this section shall be defined in the NJDEP
Stormwater Rule (N.J.A.C. 7:8, et seq.). The following additional
terms are defined for this chapter only.
Any development that creates an increase of less than 1,000
square feet of impervious area and disturbs less than 2,500 square
feet of land. Further, an exempt development shall not meet the definition
of "minor development."
Any individual "development," as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of one-quarter acre or more of "regulated impervious
surface" since February 2, 2004;
The creation of one-quarter acre or more of "regulated motor
vehicle surface" since March 2, 2021; or
A combination of 2 and 3 above that totals an area of one-quarter
acre or more. The same surface shall not be counted twice when determining
if the combination area equals one quarter acre or more.
|
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of conditions (1), (2), (3), or (4) above. Projects undertaken by
any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major
development".
|
Any development that results in the creation of an increase
of 1,000 square feet or more of impervious area or one that disturbs
more than 2,500 square feet of land area. Further, a minor development
shall not meet the definition of "major development."
B.
Design standards.
(1)
Exempt developments. Any project meeting the definition of "exempt
development" shall be exempt from the provisions of this section.
(2)
Minor developments. Minor developments shall be designed to include
the following stormwater management measures:
(a)
Water quality. Soil erosion and sediment control measures shall
be installed in accordance with the Standards for Soil Erosion and
Sediment Control in New Jersey.
(b)
Rate/volume control. Seepage pits or other infiltration measures
shall be provided with a capacity of three inches of runoff for each
square foot of new impervious area. Stone used in the infiltration
devices shall be 2 1/2 inches clean stone and design void ratio
of 33% shall be used. The infiltration measures shall be designed
with an overflow to the surface which shall be stabilized and directed
to an existing stormwater conveyance system or in a manner to keep
the overflow on the developed property to the greatest extent feasible.
If the new impervious surface is not roof area, an equivalent area
of existing roof may be directed to the infiltration system. This
shall be permitted where the existing roof is not already directed
to infiltration devices.
(3)
Major developments. All major developments shall have their stormwater
management designed in accordance with the Residential Site Improvement
Standards (RSIS, N.J.A.C. 5:21) and the NJDEP Stormwater Rule (N.J.A.C.
7:8). These standards shall apply to all projects, residential and
nonresidential as well as projects by the Borough, Board of Education
and other agencies subject to review by the Borough.
(4)
Recommended standards for stream corridor protection. To the extent
practicable and consistent with other site planning criteria and with
appropriate beneficial use of the site as a whole, it is recommended
that no alteration of the natural terrain should occur and no impervious
surfaces should be located within a stream corridor. The corridor
should include all floodplain areas, adjacent slopes of 12% or greater
and contiguous areas where the depth of the seasonal high-water table
is one foot or less.
C.
Waivers and exceptions.
(1)
Standards for relief. Waivers from strict compliance with the major
development design standards shall only be granted upon showing that
meeting the standards would result in an exceptional hardship on the
applicant or that the benefits to the public good of the deviation
from the standards would outweigh ANY detriments of the deviation.
A hardship will not be considered to exist if reasonable reductions
in the scope of the project would eliminate the noncompliance.
(2)
Mitigation. If the reviewing agency for the project determines that
a waiver is appropriate, the applicant must execute a mitigation plan.
The scope of the mitigation plan shall be commensurate with the size
of the project and the magnitude of the relief required. The mitigation
project may be taken from the list of projects in the Municipal Stormwater
Management Plan. All mitigation projects are subject to the approval
of the Borough Engineer.
(3)
Reviewing agency. All applications subject to the review of the Land
Use Board shall be reviewed by the Board concurrently with subdivision
or site plan review. Applications not subject to Land Use Board review
shall be reviewed by the Borough Engineer.
(4)
Appeals. The appeal of the determination of the Borough Engineer
shall be made in accordance with N.J.S.A. 40:55D-70a.
D.
Application and review fees. There shall be no additional fees for
stormwater review for applications to the Land Use Board. Minor Development
applications to the Borough Engineer shall be accompanied by a review
fee in the amount of $250. Major Development applications shall be
accompanied by a review fee in the amount of $1,000. If a project
is approved, an inspection escrow deposit shall be made in an amount
to be determined by the Borough Engineer.
E.
Maintenance and repair.
(1)
Applicability. Projects subject to review in this section shall comply
with the requirements contained in subparagraphs (2) and (3) below.
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement). Maintenance guidelines for stormwater
management measures are available in the New Jersey Stormwater Best
Management Practices Manual. If the maintenance plan identifies a
person other than the developer (for example, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's agreement to assume this
responsibility, or of the developer's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(c)
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.
(d)
If the person responsible for maintenance identified under subsection (b) above is not a public agency, the maintenance plan and any future revisions based on subsection (f) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(e)
Preventative and corrective maintenance shall be performed to
maintain the function of the stormwater management measure, including
repairs or replacement to the structure; removal of sediment, debris,
or trash; restoration of eroded areas; snow and ice removal; fence
repair or replacement; restoration of vegetation; and repair or replacement
of non-vegetated linings.
(f)
The person responsible for maintenance identified under subsection (b) above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.
(g)
The person responsible for maintenance identified under subsection (b) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
(h)
The person responsible for maintenance identified under subsection (b) above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by subsection (f) and (g) above.
(j)
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.
|
Nothing in this section shall preclude the Borough from requiring
the posting of a performance or maintenance guarantee in accordance
with N.J.S.A. 40:55D-53.
|
F.
Violations and penalties. Any person who erects, constructs, alters,
repairs, converts, maintains, or uses any building, structure or land
in violation of this section 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.
All sewage disposal shall utilize public sewers designed in
accordance with the requirements of the Pompton Lakes Municipal Utility
Authority.[1]
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.
A.
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.
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.
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.
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.
[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
(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.
[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.
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(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]
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.
[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.
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.
