No plan shall be approved by the Planning Board unless the use meets the performance standards herein set forth and such state or federal standards as may be more stringent than those set forth herein. Failure to comply with the performance standards at any time after the issuance of a certificate of occupancy shall be cause for revocation of such certificate. Application of these plan standards should also encourage cost-efficient methods and designs to enable the construction of low- and moderate-income housing without creating an adverse impact on the public health, safety and general welfare of the Township or for the future residents of the development. In reviewing any plan, the Planning Board shall consider those elements as specifically noted in § 96-46 through § 96-64.
[Added 6-3-2004 by Ord. No. O-2004-5; amended 8-3-2006 by Ord. No. O-2006-2]
A.
One large animal for the personal use of the occupants
of a residence may be maintained on a lot, provided that the lot is
at least two acres in size excluding the building lot area requirements
for a residential dwelling. Each additional large animal must have
an additional 1/2 acre, up to 100 acres. For over nine large animals
the use must meet the land area requirement for a defined farm use.
Acreage requirements for small animals shall be 50% of that for large
animals. All of the above required acreage shall be available for
the normal habitat of the animals of which none of that area shall
be required in a front yard.
B.
Commercial piggeries/swine farms are prohibited throughout the Township in accordance with § 96-82H.
C.
No structures for animals or poultry other than fencing
or grazing land shall be closer than 50 feet from any nonresidential
property or street line.
D.
No structures for animals or poultry other than fencing
or grazing land shall be closer than 75 feet from any residential
property line.
[Added 6-3-2004 by Ord. No. O-2004-5; amended 2-3-2005 by Ord. No. 01-2005-1]
The following distances shall be required between
uses in addition to any minimum yards:
|
Existing Zone or Use
| |||||||
|---|---|---|---|---|---|---|---|
|
Under 1 Acre Single-
Family Detached
|
Over 1 Acre Single-
Family Detached
|
Other Residential
|
Commercial/
Retail
|
Office
|
Industrial/
Manufacturing
| ||
|
Proposed
Use
|
Under 1 acre single-family detached
|
25
|
50
|
40
|
50
|
30
|
75
|
|
Over 1 acre single-family detached
|
25
|
25
|
25
|
50
|
30
|
50
| |
|
Other Residential
|
50
|
50
|
25
|
50
|
30
|
50
| |
|
Commercial Retail
|
50
|
50
|
50
|
10
|
20
|
25
| |
|
Office
|
50
|
50
|
50
|
20
|
10
|
25
| |
|
Industrial/
Manufacturing
|
75
|
75
|
75
|
10
|
25
|
10
| |
[Added 12-18-2008 by Ord. No. O-2008-15]
A.
Purpose. Elk Township, a rural community with a significant and active
agricultural base, recognizes its heritage as well as its residents'
desire and natural right to farm, and has subsequently adopted a Right
to Farm Ordinance.[1] The purpose of this Agricultural Buffer Ordinance is to
compliment and further support the Township's Right to Farm Ordinance.
B.
Agricultural buffers.
(1)
All applications for site plan or subdivision approval located
on or immediately abutting or adjacent to lands that are assessed
currently, or within any of the three calendar years preceding the
application, as qualified farmland under the New Jersey Farmland Assessment
Act or protected under the New Jersey Farmland Preservation program
shall include notice as follows:
(a)
For all minor subdivision plans, each deed of conveyance for
any of the subject lots shall include the following deed notice:
|
"Notice: On the date of the creation of this lot, Elk Township
permitted and may continue to permit by ordinance, farming activities
which some may deem offensive such as, but not limited to, aerial
and ground application of pesticides, use of power-driven equipment,
such as tractors and irrigation pumps, grazing of livestock, etc."
|
(b)
The approval authority shall require the developers of major
subdivisions to provide prospective purchasers of lots within the
subdivision with written notice that Elk Township has a right-to-farm
ordinance, which notice shall include a copy of this section and shall
appear as a legend on the final plat.
(2)
Agricultural buffers shall be as follows:
(a)
Width and location of buffers.
[1]
Minor subdivisions and all site plans (commercial, residential,
institutional, industrial, etc.) shall show a vegetated buffer strip
of 50 feet in width in a side yard area and 100 feet in width in a
rear yard area, and major subdivisions shall show a vegetated buffer
strip of 100 feet in width on all proposed lots to be developed which
are along any boundary with land that has been assessed currently
or within any of the three calendar years preceding the application
as qualified farmland under the New Jersey Farmland Assessment Act[2] or protected under the New Jersey Farmland Preservation
Program, unless:
[a]
Said subdivision lots are five acres or more in
size and are intended to be farmed;
[b]
Farmland assessment on the adjacent land has been
terminated and rollback taxes have been imposed due to change of use
of said adjacent land to a use other than agricultural or horticultural;
or
[c]
The adjacent land is a woodlot or wetlands incidental
to the farming operation or a wooded tract that is managed under an
approved forestry management plan.
[2]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
[2]
Agricultural buffers are intended to protect and buffer parcels
adjacent to tracts utilized for agricultural purposes and not impede
agricultural activities. As such, the required agricultural buffers
shall be established entirely on the nonagricultural lot and will
not be permitted on the agricultural lot.
(b)
The respective agricultural buffer strip area shall be included
in measurements for establishing minimum lot areas. However, the respective
agricultural buffer strip shall be excluded in measurements for establishing
lot width and depth, and all setback requirements stipulated by ordinance.
Building setback and all lot measurements shall start at and extend
into the lot from the boundary of said agricultural buffers. Said
buffer strip for each lot shall be defined by a metes and bounds description
included in the lot's deed, and also restricted by deed and by final
subdivision plat against construction of any buildings or structures
other than fences, walls or drainage facilities and against removal
of any screen of trees or hedges until such time as rollback taxes
have been imposed on said adjacent land for change of its use to a
use other than agricultural or horticultural. In the event that rollback
taxes are paid in full for the farmland adjacent to and imposing these
buffer restrictions upon a property, the deed restrictions for these
buffers on said property can be removed upon approval by the Township's
Land Use Board.
(3)
Buffer strips in minor and major subdivisions and site plans
shall be vegetated by either retaining the buffer as a naturally wooded
area or the planting of a double row of six-foot-tall to eight-foot-tall
evergreen trees, spaced at six feet on center, or other form of vegetative
buffer acceptable to the Township's Land Use Board.
(4)
The right to enforce said restrictions shall be held separately
and may be exercised independently by the Township of Elk.
A.
Utility installation easements. Easements for utility
installations may be required. Easements for sanitary sewer lines
and potable water mains shall be constructed in such a manner so that
all manholes and mains have permanent, unrestricted access for highway-type
trucks for the purpose of maintaining said utilities. Said easements
shall be at least 20 feet in width or wider if necessary of which
an area of 12 feet in width by 12 inches in depth shall consist of
quarry process with filter fabric with sufficient space for vehicles
to turn around located at least every 1,200 feet. Such easement area
may be seeded as long as the formation and strength of the same is
not diminished. These are considered minimum standards and are subject
to review and approval of other agencies including the Elk Township
Municipal Utilities Authority.[1]
[1]
Editor's Note: See Ch. 38, Municipal Utilities
Authority.
B.
Drainage and conservation easements. If the property
on which a proposed subdivision is to be located is traversed by a
watercourse of any kind, including a channel or a stream, the Planning
Board may require that a stormwater and drainage easement and right-of-way
along said watercourse be provided by the subdivider. The land which
is the subject of such easement and right-of-way shall be a strip,
which conforms substantially to the floodplain of such watercourse
along both sides of the watercourse, or extends along both sides of
the top of the bank of the watercourse to a width of 15 feet in each
direction, or is not less than an encroachment line established by
a competent higher authority, whichever is the greater; except, however,
that if the location of such watercourse is at or near the boundary
of the subdivision, the dimensions of the easement and right-of-way
shall be modified to retain it within the confines of the subdivision.
Said easement and right-of-way shall include provisions assuring the
following: preservation of the channel of the watercourse; prohibition
of alteration of the contour, topography or composition of the land
within the easement and right-of-way; prohibition of construction
within the boundaries of the easement and right-of-way which will
obstruct or interfere with the natural flow of the watercourse; and
reservation to the Public Works Department of a right of entry for
the purposes of maintaining the natural flow or drainage of the watercourse,
of maintaining any and all structures related to the exercise of the
easement and right-of-way and of installing and maintaining storm
or sanitary sewer systems or other public utility, and the right to
add additional utility lines when needed.
C.
Drainage easements provided for the purpose of carrying
overland flow or for underground storm drain piping shall include
provisions assuring the following: preservation of the drainage swale
or piping system contained within the easement; prohibition of construction
within the boundaries of the easement; and reservation to the Public
Works Department of a right of entry for the purposes of maintaining
any and all structures related to the exercise of the easement. The
minimum width of a drainage easement shall be 20 feet.
A.
The height limitations of this chapter shall not apply
to church spires, belfries, or cupolas not used for human occupancy,
bridges, chimneys, ventilators, skylights, water tanks, bulkheads,
structures used in conjunction with agriculture on any farmland assessed
property, similar features and necessary mechanical appurtenances,
usually carried above the roof level. Such features shall be erected
only to such height as is necessary to accomplish the purpose they
are to serve.
[Amended 8-3-2006 by Ord. No. O-2006-2]
B.
The provisions of this section shall not apply to
prevent the erection above the building height limit of a parapet
wall or cornice for ornamentation extending above such height limit
not more than five feet.
[Amended 8-3-2006 by Ord. No. O-2006-2]
Buffer areas shall require site plan approval and are required in accordance with § 96-47.
A.
General design requirements.
(1)
Buffer areas shall be developed in an aesthetic manner
for the primary purposes of screening views and reducing noise penetration
beyond the lot. Buffer widths shall be measured horizontally and perpendicularly
to lot and street lines. No structure, activity, storage of materials
or parking of vehicles shall be permitted in a buffer area. The standards
for the location and design of buffer areas are intended to provide
flexibility in order to provide effective buffers. The location and
design of buffers shall consider the use of the portion of the property
being screened; the distance between the use and the adjoining property
line; differences in elevations; the type of buffer such as dense
planting, existing woods, a wall or fence; buffer height; buffer width;
and other combinations of man-made and natural features. The buffer
shall be designed, planted, graded, landscaped and developed with
the general guideline that the closer a use or activity is to a property
line, or the more intense the use, the more effective the buffer area
must be in obscuring light and vision and reducing noise beyond the
lot.
B.
General standards.
(1)
A minimum of 1/2 of the periphery that requires a
buffer shall have an area at least 15 feet wide which shall be designed,
planted, graded, landscaped and developed to obscure the activities
of the site from view and shall consist of at least two of the following:
fencing or walls in a landscaped area not less than 10 feet wide or
landscaped berm at least three feet high. If, in the judgment of the
approving authority, any of these alternate provisions will not provide
sufficient buffers for the portion of the site proposed, the approving
authority may require the site plan to be modified to show the extension
of the 15 foot buffer area outlined above, require that the proposed
alternatives be landscaped differently, or be relocated, until, in
the approving authority's judgment, they provide the desired buffering
effect.
(2)
All buffer areas shall be planted and maintained with
either grass or ground cover, together with a screen of live shrubs
or scattered planting of live trees, shrubs or other plant material
meeting the following requirements:
(a)
The preservation of all natural wooded tracts
shall be an integral part of all site plans and may be calculated
as part of the required buffer area, provided that the growth is of
a density and the area has sufficient width to serve the purpose of
a buffer. Where additional plantings are necessary to establish an
appropriate tone for an effective buffer, said plantings may be required.
(b)
Plant materials used in screen planting shall
be at least three feet in height when planted and be of such density
as will obscure, throughout the full course of the year, the glare
of automobile headlights emitted from the premises.
(c)
The screen planting shall be so placed that
at maturity it will not be closer than three feet from any street
or property line.
(d)
Trees shall be at least six to eight feet in
height and 1 1/4 inches in caliper when planted and be of a species
common to the area, be of balled and burlapped nursery stock and be
free of insects and disease.
(e)
Any plant material which does not live shall
be replaced within one year or one growing season as determined by
the Municipal Engineer.
(f)
Screen plantings and landscaping shall be broken
at points of vehicular and pedestrian ingress and egress to assure
a clear sight triangle at all street and driveway intersections.
C.
General landscaping design principles. Landscape plans
shall conform to the following general design principles.
(1)
Landscaping shall be provided as part of site plan
and subdivision design. It shall be conceived in a total pattern throughout
the site, integrating the various elements of site design, preserving
and enhancing the particular identity of the site and creating a pleasing
site character.
(2)
Landscaping may include plant materials such as trees,
shrubs, ground cover, perennials, and annuals and other materials
such as rocks, water, sculpture, art, walls, fences and building and
paving materials.
(3)
Use landscaping to accent and complement buildings.
For example, groupings of tall trees to break up long, low buildings
and lower plantings for taller buildings.
(4)
Locate landscaping to provide for climate control.
For example, shade trees on the south to shield the hot summer sun
and evergreens on the north side for windbreaks.
(5)
Provide for a variety and mixture of landscaping.
The variety shall consider susceptibility to disease, colors, season,
textures, shapes, blossoms, and foliage.
(6)
Local soil conditions and water availability shall
be considered in the choice of landscaping.
(7)
Consider the impact of any proposed landscaping plan
at various time intervals so that, for example, shrubs do not grow
and eventually block sight distances or encroach upon roads or sidewalks.
(8)
All landscape plants shall be typical full specimens
conforming to the American Association of Nurserymen Standards and/or
Landscape Plans and Specifications for Quality and Installation.
(9)
Assure that no aspect of the landscape design inhibits
access to the development by emergency vehicles.
(10)
A landscape plan shall be submitted with each
plan application, unless an exception is granted by the approving
authority. The plan shall identify existing and proposed trees, shrubs,
ground cover, natural features and other landscaping elements. The
plan should show where they are or will be located and planting and/or
construction details. When existing natural growth is proposed to
remain, applicant shall include in the plans proposed methods to protect
existing trees and growth during and after construction.
(11)
Site protection and general planting requirements.
(a)
Topsoil preservation. Topsoil moved during the
course of construction shall be redistributed on all regraded surfaces
so as to provide at least four inches of even cover to all disturbed
areas of the development and shall be stabilized by seeding or planting.
(b)
Removal of debris. All stumps and other tree
parts, litter, brush, weeds, excess or scrap building materials, or
other debris shall be removed from the site and disposed of in accordance
with the law. No tree stumps, portions of tree trunks or limbs shall
be buried anywhere in the development. All dead or dying trees, standing
or fallen, shall be removed from the site. If trees and limbs are
reduced to chips, they may, subject to approval of the Zoning Officer,
be used as mulch in landscaped areas.
(c)
Protection of existing plantings. Maximum effort
should be made to save specimen trees identified. No material or temporary
soil deposits shall be placed within four feet of shrubs or 10 feet
of trees designated to be retained on the preliminary and/or final
plat. Protective barriers or tree wells shall be installed around
each plant and/or group of plants that are to remain on the site.
Barriers shall not be supported by the plants they are protecting,
but shall be self-supporting. They shall be a minimum of four feet
high and constructed of a durable material that will last until construction
is completed. Snow fences and silt fences are examples of acceptable
barriers.
(d)
Slope plantings. Landscaping of the area of
all cuts and fills and/or trenches shall be sufficient to prevent
erosion, and all roadways slopes steeper than one foot vertically
to three feet horizontally shall be planted with ground covers appropriate
for the purpose and soil conditions, water availability and environment.
(e)
Additional landscaping. In residential developments,
besides the screening and street trees required, additional plantings
or landscaping elements shall be required throughout the subdivision
where necessary for climate control, privacy or for aesthetic reasons
in accordance with a planting plan approved by the Planning Board
and taking into consideration cost constraints. In nonresidential
developments, all areas of the site not occupied by buildings and
required improvements shall be landscaped by the planting of grass
or other ground cover, shrubs, and trees as part of a plan approved
by the Planning Board.
(f)
Planting specifications. Deciduous trees shall
have at least a two-inch caliper at planting. Size of evergreens and
shrubs shall be allowed to vary depending on setting and type of shrub.
Only nursery-grown plant materials shall be acceptable, and all plantings
shall be according to accepted horticultural standards. Dead or dying
plants shall be replaced by the developer the following planting season.
(g)
Plant species. The plant species selected should
be hardy for the particular climatic zone in which the development
is located and appropriate in terms of function and size.
D.
Street trees.
(1)
Location.
(a)
Street trees shall be installed on both sides
of all streets in accordance with the approved landscape plan. Trees
shall either be massed at critical points or spaced evenly along the
street.
(b)
When trees are planted at predetermined intervals
along streets, spacing shall depend on tree size as follows:
|
Tree Size (height) (feet)
|
Planting Interval (feet)
| |
|---|---|---|
|
Medium trees (30 to 40)
|
40 to 50
| |
|
Small trees (to 30)
|
30 to 40
|
(c)
When the spacing interval exceeds 40 feet, small
ornamental trees can be spaced between the large trees. If a street
canopy effect is desired, trees may be planted closer together, following
the recommendations of a certified landscape architect and approval
of the Township. Trees shall be planted so as not to interfere with
utilities, roadways, sidewalks, sight easements, or streetlights.
Tree location, landscaping design and spacing plan shall be approved
by the Planning Board as part of the landscape plan.
(2)
Tree type. Tree type shall vary depending on overall
effect desired. Selection of tree type shall be approved by the Planning
Board.
(3)
Planting specifications. All trees shall have a minimum
caliper of 2 1/2 inches, and they shall be nursery grown, of
substantially uniform size and shape, and have straight trunks. Trees
shall be properly planted and staked and provision made by the applicant
for regular watering and maintenance until they are established. Dead
or dying trees shall be replaced by the applicant during the next
planting season.
E.
Buffering.
(1)
Function and materials. Buffering shall provide a
year-round visual screen in order to minimize adverse impacts from
a site on an adjacent property or from adjacent areas. It may consist
of fencing, evergreens, berms, rocks, boulders, mounds or combinations
to achieve the stated objectives.
(2)
When required.
(a)
Buffering shall be required when topographical
or other barriers do not provide reasonable screening and when the
Planning Board determines that there is a need to shield the site
from adjacent properties and to minimize adverse impacts such as incompatible
land uses, noise, glaring light, and traffic. In small-lot developments,
when building design and siting do not provide privacy, the Planning
Board may require landscaping, fences or walls to ensure privacy.
When required, buffers shall be measured from side and rear property
lines, excluding access driveways.
[1]
Where more intensive land uses abut less intensive
uses, a buffer strip 25 feet, but not to exceed 10% of the lot area
in width, shall be required.
[2]
Parking areas, garbage collection and utility
areas, and loading and unloading areas shall be screened around their
perimeter by a buffer strip a minimum of five feet wide or in such
manner approved by the Township Planner.
[3]
Where residential subdivisions abut higher-order
streets (collectors or arterials), adjacent lots should front on lower-order
streets, and a landscaped buffer area shall be provided along the
property line abutting the road. The buffer strip shall be a minimum
of 25 feet wide or wider where necessary for the health and safety
of the residents and include both trees and shrubs.
[a]
All buffers abutting streets in
a residential subdivision shall be provided in addition to any required
yard area.
[b]
All buffers shall be located in
an easement, shown on the survey and recorded by deed.
[c]
No fences or structures shall be
permitted in any buffer easement that is abutting a street line; except
that, where a developer proposes to include a fence as part of a buffer
treatment, fences in the buffer areas shall be provided in combination
with landscape material.
(3)
Design. Arrangement of plantings in buffers shall
provide maximum protection to adjacent properties and avoid damage
to existing plant material. Possible arrangements include planting
in parallel, serpentine or broken rows. If planted berms are used,
the minimum top width shall be four feet, and the maximum side slope
shall be 2:1.
(4)
Planting specifications. Plant materials shall be
sufficiently large and planted in such a fashion that the total screen
shall be at least eight feet in height shall be produced within three
growing seasons. All plantings shall be installed according to accepted
horticultural standards.
(5)
Maintenance. Plantings shall be watered regularly
and in a manner appropriate for the specific plant species through
the first growing season, and dead or dying plants shall be replaced
by the applicant during the next planting season. No building, structures,
storage of materials or parking shall be permitted within the buffer
area; buffer areas shall be maintained and kept free of all debris,
rubbish, weeds and tall grass.
F.
Paving materials, walls and fences.
(1)
Paving materials. Design and choice of paving materials
used in pedestrian areas shall consider the following factors: cost,
maintenance, use, climate, characteristics of users, appearance, availability,
glare, heat, drainage, noise, compatibility with surroundings, decorative
quality and aesthetic appeal. Acceptable materials shall include but
are not limited to concrete, brick, cement pavers, asphalt and stone.
(2)
Walls and fences shall be erected where required for
privacy, screening, separation, security or to serve other necessary
functions and shall comply with the following provisions and shall
not apply to the required screening of storage or similar areas for
business or industrial uses.
(3)
All applications for a permit shall be accompanied
with a drawing of the proposed fence design which meets the following
standards and provides the following information:
G.
Landscape maintenance.
(1)
A landscape management/maintenance specification shall
be provided in conjunction with all approved subdivisions as to street
trees, common open space, and areas to be dedicated to the public
and all approved site plans. In addition, a copy of the reverse frontage
maintenance specifications for the tasks outlined below for this area
must be provided to all owners of fee simple reverse frontage lots
at the time of sale.
(2)
These documents shall provide specifications for perpetual
maintenance in order to assure a safe and attractive landscape environment
and to promote healthy growth of all plant materials. They may take
the form of a monthly schedule or a categorized guideline.
(3)
Installation and inspection of landscaping. The following
installation and performance and inspection principles and procedures
should be applied to all landscape installations.
(a)
Prior to the issuance of any certificate of
occupancy, the proposed landscape as shown on the approved landscape
plan must be installed, inspected, and approved.
(b)
All plantings shall be made in a manner consistent
with the instructions and graphics set forth in the following planting
details.
(c)
For all reverse frontage and other buffer areas,
the following installation and inspection procedures shall be followed.
First, the area should be rough graded for the approval of the Township
Engineer. Based upon comments made during these two inspections, the
sidewalk shall be formed for inspection and approval. Subsequent to
sidewalk installation, the area should be fine graded and the planting
staked for approval.
(d)
If minor changes to the approved plan are made
prior to or during construction, revised or record drawings must be
submitted to the Township Planner for approval. Such revisions shall
be indicated by a formal letter of request to the Township with a
copy to the Township Planner. Substantial changes shall require the
approval of the board of jurisdiction. If unapproved or inadequate
landscape is implemented, then appropriate replacement may be required.
(e)
Subsequent to landscape installation and until
release of performance bonds, the Township shall have the right to
inspect all landscape areas for conformance to the approved plans,
proper installation and maintenance, and performance of landscape
material.
A.
The purpose of this section is to provide minimum
standards and regulations for lighting facilities for all sections
and zones of the Township that will afford safety, convenience, and
the ability to advertise, and at the same time, avoid needless light
pollution, driving hazards, noncompatible adjacent lighting plans,
and annoyance to neighboring property owners.
B.
All lighting installations shall be designed to be
energy efficient to the degree consistent with both reasonable cost
and the conservation of nonrenewable natural resources.
C.
All lighting installations shall be designed to reflect
the needs and atmosphere of the general neighborhood and adjacent
existing installations. Conflicts of lighting types, methods, and
color temperature are to be avoided wherever possible.
D.
All applications for Planning Board or Zoning Board
of Adjustment approval of commercial and cluster residential site
plans shall include a complete lighting plan, including luminaire
type, wattage, pole height and type, lighting levels in footcandles,
and beam spread diagrams, and point-to-point illumination diagrams,
including perimeter levels.
F.
Illumination levels for various applications. The
maintained footcandles of illumination recommended are as indicated
in the following table:
|
Type of Area
|
Minimum Intensity Footcandles
|
Average Intensity Footcandles
|
Uniform Ratio[1]
|
|---|---|---|---|
|
General streetlighting
|
0.5
|
1.0
| |
|
Shopping center parking
|
0.8
|
1.0
|
10:1
|
|
Mall parking
|
0.8
|
2.0
|
16:1
|
|
Site lighting
|
0.2
|
0.5
|
20:1
|
|
Industrial/
commercial
|
0.5
|
1.0
|
15:1
|
|
Parking areas
| |||
|
Entrance and exit roads
|
1.0
|
2.0
|
10:1
|
|
Residential area parking and drive areas
|
0.2
|
0.5
|
[1]
Note: The uniformity ratio equals the maximum
lighting level over the minimum lighting level.
[2]
Note: Actual lighting levels for highway,
feeder, town center, suburban, and rural roads and at intersections
are set by the authority having jurisdiction.
[3]
Note: Minimum levels shall be required in
residential use only for townhouse, condominium, or other cluster-type
residential use.
G.
For all commercial applications, the Board reserves
the right to require a nighttime demonstration of the completed project.
The applicant shall provide the services of a technician and a light
meter calibrated in footcandles to demonstrate conformance to the
chapter requirements.
[Added 7-20-2004 by Ord. No. O-2004-6]
H.
Streetlighting.
(1)
All streetlighting plans shall conform to federal,
state, and county requirements that pertain to the zone or area in
question. In addition to these requirements, the Township of Elk may
require that type of fixtures, poles, and lighting distribution conform
to the type of area and use involved. Wherever the Township of Elk
requirements directly conflict with the requirements of the aforementioned
authorities, the standards of the higher governing authority shall
prevail.
(2)
Whenever this section requires the installation of
electric utility installations underground, the applicant shall, in
addition, provide for the installation of underground service for
streetlighting.
(3)
Streetlighting standards of a type and number approved
by the Board engineer shall be installed at all street intersections
and elsewhere as deemed necessary by the Municipal Engineer.
(4)
Streetlighting standards:
(a)
Each applicant for development plan approval
shall provide the minimum adequate lighting to ensure safe movement
of persons and vehicles and for security purposes. Lighting standards
shall be of a type approved by the municipal agency. Directional lights
shall be arranged so as to minimize glare and reflection on adjacent
properties.
(b)
Each applicant for development plan approval
shall provide, within the limits of practicability and feasibility,
lighting consistent with conservation of energy and use of renewable
energy sources.
(c)
The intent is to provide guidelines and not
rigid standards. These guidelines are to be used for the design of
lighting systems, and which may be subject to possible adjustment
dictated by special specific site conditions.
(d)
The illumination levels recommended shall be
attained by use of the minimum number of poles that will provide relatively
uniform illumination. High uniformity ratios which deter or prevent
visual adaption shall be avoided.
(5)
Luminaires shall be specified that can be provided
by the local utility and are in keeping with the general type of land
use and zone in question.
I.
Parking lot and open area lighting.
(1)
The object of parking area lighting is to provide
a safe level of illumination to allow the orderly entrance and egress
of vehicular traffic, provide backup maneuver vision, identify and
illuminate entrance and exit areas, and provide pedestrian and parking
area illumination that will discourage vandalism, theft, and assault.
Parking area lighting should not be used as an adjunct to advertising.
(2)
Luminaires.
(a)
In general, the type of luminaire and pole to
be used must be matched to the area, zone, use, and size of the parking
area to be lit. The primary criteria should be light control; that
is, providing a beam spread pattern to produce an average lighting
intensity as specified above without producing areas of over-intensity
or below-intensity design, that is, a low uniformity ratio.
(b)
The design of luminaires for parking areas should
include lamp location, reflector type and refractor design to deliver
light to areas selected, and keep light spill from adjacent areas.
A parking area lighting design that produces sky glow is inefficient
and an irritant to residents and will not be permitted.
(c)
Sharp cutoff-type luminaires are recommended
as the best approach to lighting parking areas, and the fixtures selected
shall be of the type that can be provided with sharp cutoff deflectors
or refractors. The shielding angle shall be selected to minimize discomforting
glare to an observer's eyes from the light source at an angle below
the set cutoff. Shielding shall also be employed to prevent spillover
of undesirable light to adjoining property.
(d)
The use of fixtures and luminaires which utilize
a box-type body with a recessed lamp, flush refractor, and mounted
so the lens is parallel to the ground are encouraged. Other types
of luminaires, and refractors mounted above 0° to the horizon
will be approved if the submitted plan meets all other criteria of
this section.
(e)
The use of high-pressure sodium or metal halide
luminaires is encouraged. Low-pressure sodium luminaires may be considered
in isolated industrial areas remote from residential and commercial
zones where they will not be visible from the traveled way.
(f)
The coefficiency of utilization (CU) factor
of luminaires shall be rated for all designs submitted for approval.
In general, parking area designs shall include a high coefficient
luminaire with the lowest watt input that will result in lighting
levels responsive to the area requirements.
(g)
The maximum cutoff angle shall be used to shield
light source glare and unwanted light from adjacent properties and
motorists approaching on adjacent roads and highways. As improperly
designed or aimed lighting fixtures are an inherent danger to motorists
and pedestrians, special attention shall be given to all site lighting
designs that have boundaries that include public vehicular traveled
ways of any type and private traveled ways that are open to the public.
All applications for site plan approval that include site lighting,
and that have traveled ways as boundaries, shall include, in addition
to the other requirements listed in this chapter, the details of the
point-to-point and beam spread calculations for all lighting that
will impinge on the traveled ways. As even relatively low average
footcandle intensities can blind drivers who are within the focal
point area of the luminaire, no lighting plan will be acceptable where
the central focus node of any fixture is visible from any traveled
way. In general, no fixture shall be so aimed so that this center
focus point is less than 20° off of the property boundary. This
may require that additional and lower wattage fixtures be utilized
adjacent to roadways. The plan submitted shall clearly indicate the
methods used to prevent roadway glare.
(h)
Adequate shielding shall be employed to protect
properties, streets and highways from the glare of such illumination,
including on luminaires used for illuminating entrances and driveways
for parking areas.
(i)
Where parking areas for commercial zone buildings
are immediately adjacent to a residential use zone, the design of
the parking area lighting shall be coordinated with the design of
the interzone buffer as required under other sections of this chapter.
The coordinated buffer/lighting plan submitted shall insure that objectionable
light spill from the parking lot shall not impinge on the residential
area or result in a spurious light spill exceeding 0.5 footcandle.
J.
Poles.
(1)
The type and height of all poles for mounting luminaires
shall be consistent with the general design of the application.
(2)
Utility-type wood poles may be used only on parking
areas of one acre or less, except where parking lot illumination is
provided by the electric utility. All wood poles shall be pressure
treated to resist rot and termite damage, and the pole class shall
result in a wind load rating as specified in the BOCA Code.
(3)
Architectural wood poles shall be rated for the applicable
wind load and shall have adequate wiring access as required by the
National Electric Code.
(4)
Aluminum poles shall be rated for the applicable wind
load plus an additional 10% safety factor. Aluminum poles shall be
provided with transformer-type bases or adequate wiring and splicing
access doors, and shall be permanently and effectively grounded either
by a 3/4-inch by ten-foot copperweld ground rod or by a dedicated
grounding conductor run from the feeder source.
(5)
All poles shall be protected with concrete bases of
sufficient height to protect them from traffic, or by four-inch concrete-filled
steel pipe bollards.
(6)
Maximum pole mounting height shall be as follows:
(a)
For sites up to five acres: 25 feet.
(b)
For sites greater than five acres: 35 feet.
(c)
For sites designated as shopping malls, poles
of greater height may be approved by the Planning Board on the submission
of lighting design by a professional engineer indicating that a greater
height is required, and that the greater height will not produce light
spill to adjacent areas above the limits hereinbefore listed.
(d)
All mounting poles shall meet wind loading requirements
as specified in the BOCA Code.
K.
Commercial building and outdoor sales site lighting.
(1)
The object of exterior lighting of a commercial building
is to provide a safe level of illumination to allow the orderly entrance
and egress of pedestrian traffic, identify and illuminate entrance
and exit doors and loading areas, and to provide illumination levels
that will discourage vandalism, theft, and assault. While it is recognized
that commercial building lighting is also used to attract and advertise
the building occupant's trade, this type of lighting shall be designed
so that the resulting illumination levels are not detrimental to adjacent
property owners and occupants.
(2)
Luminaires. In general, the type of luminaire and
mounting method to be used must be matched to the area, construction
type, use, and size of the building to be lit. The primary criteria
should be light control; that is, providing a beam spread pattern
that will produce an average lighting intensity desired without producing
areas of either over-intensity or below-intensity design.
(3)
Conflicts as to color temperature and lamp type with
lighting of adjacent properties shall be avoided. For example, if
one or more adjacent areas with established lighting systems are using
mercury-vapor lamps, the submitted area shall conform to the same
lamp type, but not necessarily the same type luminaire. The HID (high
intensity discharge) type of lamp may be considered when compelling
reasons exist for employing such lamps and ample proof that a suitable
method can be employed to reduce color conflict.
(4)
Security lighting. All parking area walkways and appurtenant
passageways and driveways shall be illuminated for safety and security
reasons from sunset to sunrise.
(5)
General illumination of the exterior of buildings,
including the roof, is discouraged. Objectionable spill to the exterior
of bright and glaring interior building light shall be avoided by
the use of low-brightness lenses on interior lighting. Where wall-washer
type of lighting is proposed for exterior building lighting, the amount
of light falling on adjacent properties and escaped sky-glow lighting
shall be carefully and accurately calculated and submitted as part
of the plan.
(6)
To insure that the proposed lighting plan conforms
to the scope and limitations of this chapter, the following data and
information shall be submitted with every application for site plan
approval:
(a)
Type of luminaires, including manufacturer's
data.
(b)
Type and wattage of lamp, including manufacturer's
data.
(c)
Mounting height of luminaire.
(d)
Photometric data and isolux lines of the luminaire
and lamp proposed. Photometric curves shall be drawn to the same scale
as the site plan scale and shall show initial and maintained footcandle
levels of illumination.
(7)
Where building lighting is proposed to be provided
via pole-mounted fixtures, the type and height of pole and manufacturer's
data must also be submitted. Applicants are encouraged to use architectural
wooden or duranodic bronze-colored aluminum poles in keeping with
the architecture of the building and surrounding areas. The use of
bollard down-light fixtures is encouraged for exterior walkways. As
the spherical globe type of luminaire has a low coefficient of utilization,
are therefore inherently energy inefficient and contribute to excessive
sky glow, their use is to be discouraged.
(8)
Commercial recreational facilities such as driving ranges, stadiums, outdoor arenas, etc., shall be illuminated as required by the site use; however, all of the perimeter area lighting, light spillage, and protection from glare on traveled roadways shall conform to the requirements of Subsections H and I; and Subsection I(2)(g) in particular.
(9)
Outdoor sales facilities, such as new and used automobile lots, shall be illuminated as required by the site use; however, all of the perimeter area lighting, light spillage, and protection from glare on traveled roadways shall conform to the requirements of Subsections H and I, Subsection I(2)(g) in particular.
L.
Advertising sign illumination.
[Amended 11-3-2022 by Ord. No. O-8-2022]
(1)
Permits for signs are referenced in other sections of the chapter; however, all signs, including sections of building surfaces of any kind that are externally or internally illuminated, shall conform, in addition to all requirements of § 96-60, to the following requirements.
(2)
No illuminated sign that is visible from a traveled
roadway or traveled way used by motor vehicles shall have a degree
of luminance that causes visual discomfort to drivers. The degree
of luminance allowable is a factor of luminance ratio, (sign luminance
to surrounding luminance) and illumination color. In general, no sign
shall have a surface luminance greater than 750 footlamberts, or greater
than a 5:1 ratio between sign luminance and average surrounding luminance.
(3)
Outdoor large-scale advertising signs shall use an
illumination source that is not visible to either motorists or pedestrians
when on normal traveled roads, streets, or walkways.
(4)
No sign shall have lighting of intermittently changing
intensity, color, or hue, and may not use a repetitive on-off design.
(5)
No sign shall incorporate neon, xenon, or strobe lamps.
(6)
No sign shall use animation by either mechanical,
electrical, or electronic means.
M.
Lighting and illumination in residential districts.
(1)
The intent of this subsection is to promote a safe,
healthy, and an attractive place to live in the Township of Elk. It
is recognized that a family's home is its castle, and architectural
lighting for residences is aesthetically attractive to some homeowners;
however, other homeowners may consider light spill from their neighbor's
property a form of pollution. Therefore, all exterior lighting in
residential areas should be designed and installed with the rights
and interests of adjacent property owners in mind.
(2)
Residential streetlighting shall conform to § 96-62 of this chapter. The primary goal of streetlighting in residential districts is vehicular traffic control and pedestrian safety and as a general deterrent to crime. In overhead utility districts, streetlighting from wood utility poles is acceptable. In residential districts, all streetlighting wiring shall be underground. The type of lighting standard or pole used shall be complementary to the residential area.
(4)
Lighting of residential plots to the extent required
for discouragement of theft, break-and-entry, and vandalism may require
additional exterior lighting. The type of lighting and the total lumens
required will be directly proportional to the size of the lot involved.
Where this type of exterior lighting is desired by the homeowner,
the installation must reflect consideration for adjacent property
owners. The preferred method of lighting residential driveways is
via mushroom-type fixtures no higher than 24 inches above grade and
fitted with low wattage lamps. Where owners wish to light the exterior
of homes with dusk-to-dawn lighting, the preferred method for safety
and keeping light spill to a minimum is low-voltage wall washers set
in the ground and with reflectors that direct all light towards the
building. The watt intensity shall be such that the light intensity
reflected from the building does not exceed 100 footlamberts.
(a)
All exterior residential lighting shall be so
designed and installed so that the resultant light spill skyward is
minimal, and light impingement levels on adjacent properties shall
not exceed .5 footcandle at the property line.
(b)
Floodlighting fixtures for residential lighting
shall be used only where plot size requires larger watt intensities.
Flood fixtures shall be selected with care, and fixtures using a box-type
body, recessed lamp, and a flush refractor are the preferred type
of fixture. This type of fixture, with the lens positioned downward,
and as close to the perpendicular as possible, will result in the
best light utilization, and the least light spill skyward and to adjacent
properties. Exterior PAR reflector flood type of fixtures are to be
used only for intermittent use and where small areas of lighting at
relatively high intensity is required. This type of fixture has a
high point source footlambert level and can easily blind drivers and
pedestrians when pointed toward traveled ways. When their use is required
by circumstances, the fixtures should never be pointed toward driveways,
streets, or walkways.
(c)
All exterior lighting fixtures and luminaires
that are controlled by dusk-to-dawn controllers shall be installed
with shields or otherwise designed so that lighting intensity at the
property line is 0.5 footcandle or less. Lighting fixtures arranged
so that the light source (lamp and reflector) is directed to adjacent
homes are prohibited.
(5)
Where exterior fixtures are controlled by infrared
(or other type) of heat-sensitive device or proximity device, the
control must be regulated to prevent repetitive on-off operation due
to wind, door movement, tree branch movement, or anything other than
the presence of a human or large animal.
A.
Lot size. Minimum lot size shall be governed by this
chapter based on the zoning district in which the lot is located and
the results of percolation and soil boring analysis, where required.
B.
Lot and house numbers. House and lot numbers shall
be assigned each lot by the Tax Assessor.
C.
Side lot lines. Insofar as is practical, side lot
lines shall be at right angles to straight streets and radial to curved
streets.
D.
Lot frontage and width. Each lot shall front on an
approved street accepted by the municipality.
E.
Lot line on widened streets. Where extra width is
provided for the widening of existing streets, lot measurements shall
begin at such extra width line, and all setbacks shall be measured
from such line unless otherwise provided by this chapter.
F.
Unsuitable lots. All lots shall be suitable for the
purpose for which they are intended to be used. In order to prevent
the use of lots which are not suitable because of adverse topography,
rock formations, flood conditions, or similar circumstances, the Planning
Board may require such revisions in the layout of the subdivisions
as will accomplish one of the following:
(1)
The area of the unsuitable lots is included in other
lots by increasing the size of the remaining lots;
(2)
The area is adjacent to other public land, and that
it is to be deeded to the municipality and held in its natural state
for conservation and/or recreation purposes; or
(3)
That some other suitable arrangement, such as common
ownership made permanent by deed covenants running with the land,
is made.
G.
All residential dwellings shall be oriented so that
the front faade faces the abutting right-of-way. In the case of corner
lots and reverse frontage lots, the dwelling shall be oriented toward
the lower order street.
[Added 8-3-2006 by Ord. No. O-2006-2]
H.
Lot access.
[Added 8-3-2006 by Ord. No. O-2006-2]
(1)
Any lot located adjacent to any existing or proposed
intersection shall locate any driveway the maximum feasible distance
from that intersection, as determined by the Township Engineer.
(2)
Any lot where the right-of-way providing access is
not under municipal maintenance, bonding or guarantee, an escrow of
$2,500 shall be posted prior to the issuance of any construction permit
for that lot, which shall be accompanied by a signed and dated photograph
of the entire length of the right-of-way abutting said lot.
I.
Structures moved to lots. Prior to any structure being
moved from one lot to another in the Township, the following shall
be required:
[Added 8-3-2006 by Ord. No. O-2006-2]
[Added 8-3-2006 by Ord. No. O-2006-2]
A.
No part of a building shall be erected within, or
shall project into any required yard area, except as follows:
(1)
Cornices, projecting eaves, gutters or chimneys
may project a distance of up to 30 inches into a required yard area.
(2)
Steps and awnings may project up to six feet
into a required yard area.
(3)
Handicapped ramps may project 13 feet into a
required yard area.
(4)
Decks may project into required rear yards up
to half the minimum required distance, i.e., if a required rear yard
is 30 feet, a deck may be as close as 15 feet to the rear property
line.
(5)
On lots of 15,000 square feet or less, an encroachment
of the primary structure into a required yard of up to one foot shall
be a waiver.
A.
Continuance.
(1)
Except as otherwise provided in this section, the
lawful use of land or buildings existing at the date of the adoption
of this chapter may be continued although such use or building does
not conform to the regulations specified by this chapter for the zone
in which such land or building is located; provided, however:
B.
Abandonment. A nonconforming use shall be adjudged
as abandoned when there occurs a cessation of any use or activity
by an apparent act or failure to act on the part of the tenant or
owner to reinstate such use within a period of one year from the date
of cessation or discontinuance.
C.
Restoration. If any nonconforming building shall be
destroyed by reason of windstorm, fire, explosion or other act of
God or the public enemy to an extent of less than 50% of the recorded
true valuation, then such destruction shall be deemed partial destruction
and such building may be rebuilt, restored or repaired. Nothing in
this chapter shall prevent the strengthening or restoring to a safe
condition of any wall, floor or roof which has been declared unsafe
by the Building Inspector.
D.
Reversion. No nonconforming use shall, if once changed
into a conforming use, be changed back again into a nonconforming
use.
E.
Alterations. A nonconforming building may be reconstructed
but not enlarged or extended unless said building is changed to a
building conforming or more nearly conforming to the requirements
of this chapter.
F.
Prior approved construction. Nothing herein contained
shall require any change in plans, construction or designated use
of a building for which a building permit has been heretofore issued
and the construction of which shall have been diligently prosecuted
within three months of the date of such permit and the ground story
framework of which, including the second tier of beams, shall have
been completed within six months of the date of the permit, and which
entire building shall be completed according to such plans as filed
within one year from the date of this chapter.
G.
District changes. Whenever the boundaries of a district
shall be changed so as to transfer an area from one district to another
of a different classification, the foregoing provisions shall also
apply to any nonconforming uses existing therein or created thereby.
A.
Minimum standards. Off-street parking space, together
with appropriate access thereto, shall be provided on the same lot
as the building it is intended to serve in accordance with the following
minimum standards:
(1)
One-family dwellings: two spaces.
(2)
Elementary and middle schools: 1 1/2 spaces for
each staff member. Secondary schools: 1 1/2 spaces for each staff
member, plus one per each 10 students.
(3)
Churches and other public auditoriums: one space for
each four public seats or equivalent accommodation.
(4)
Other public buildings: one space for each 400 square
feet of gross floor area.
(5)
Public recreational areas and golf course: two spaces
for each one acre devoted to such use.
(6)
Quasi-public buildings: one space for each 400 square
feet of gross floor area.
(7)
Quasi-public recreation areas: two spaces for each
one acre devoted to such use.
(8)
Seasonal resort cottages: one space for each dwelling
unit.
B.
Business uses shall comply with the following standards,
but in no case shall less than six spaces be provided:
(1)
Retail trade and personal service establishments:
one space for each 200 square feet of gross floor area.
(2)
Business and professional offices and banks: one space
for each 250 square feet of gross floor area.
(3)
Wholesale trade establishments: one space for each
200 square feet of sales floor or display area and one space for each
employee during a normal workday, subject to an annual review.
(4)
Theaters and other such uses where public seats are
a function of the use: one space for each two public seats.
[Amended 12-5-2013 by Ord. No. O-9-2013]
(5)
Restaurants:
[Added 12-5-2013 by Ord.
No. O-9-2013[1]]
(a)
Restaurants without a bar or lounge shall provide 15 parking spaces
per 1,000 square feet of gross floor area;
(b)
Restaurants with a bar or lounge, or taverns, shall provide 20 parking
spaces per 1,000 square feet of gross floor area.
[1]
Editor's Note: This ordinance also redesignated former Subsection
B(5) as B(6).
(6)
Other permitted uses: one space for each 400 square
feet of gross floor area.
C.
Industrial establishments: one space for every two
employees or one space for every 400 square feet of gross floor area,
whichever provides the greater parking accommodations.
D.
Design, construction and location.
(1)
Parking areas shall be on the same lot as the principal
building or premises for which such parking spaces are provided. Each
parking space shall have minimum dimensions of 9 feet by 18 feet.
(2)
Parking areas shall be suitably drained, maintained
in good condition and have adequate means of ingress and egress. Off-street
parking required in conjunction with nonresidential uses shall be
adequately paved and drained in accordance with Township specifications.
(3)
Not more than two driveways of not less than 20 feet
nor more than 30 feet in width, used as a means of ingress and egress
for nonresidential off-street parking areas, shall be permitted for
each 300 feet of frontage upon a public street, nor shall any driveway
be located closer than 50 feet to the intersection of two public streets.
(4)
When a parking area for four or more vehicles joins a residential area, a buffer strip at least 15 feet wide shall be provided between the parking area and the adjoining property in accordance with the general design requirements of § 96-50.
(5)
All nonresidential use off-street parking areas shall
be adequately lighted, and such lighting shall be focused downward
in such a way as not to cause light glare onto adjacent properties.
(6)
Parking facilities in business or industrial zones
may be located in any yard space but shall not be closer than 20 feet
from any street line.
(7)
The collective provision of off-street parking facilities
by two or more buildings or uses located on adjacent lots is permitted,
provided the total of such off-street parking facilities shall not
be less than the sum of the requirements for the various individual
uses computed separately in accordance with the standards contained
in this chapter, and further provided that the land is owned by one
or more of the collective users.
(8)
No more than one vehicle not to exceed one ton with
commercial plates or with any permanent business markings shall be
parked out-of-doors overnight in a residential zone.
[Amended 6-3-2004 by Ord. No. O-2004-5]
A.
The following standards for the provision of common
open space pertain to any multifamily development in the Township:
(1)
Not less than 25% of land area of every multifamily
development shall be preserved as common open space or shall be dedicated
to active recreational or community facilities.
(2)
At least 50% of the required open space area shall
be free of environmental constraints such as floodplains, wetlands,
bodies of water, stormwater drainageways and basins, or steep slopes.
This land shall be utilized for passive or active recreation, community
facilities or left as undisturbed open space and/or wildlife habitat.
(3)
A plan outlining the cleaning of debris and dead brush
and, when required, the selective thinning and removal of diseased,
dying or undesirable vegetation.
(4)
Common, active recreation shall be provided at a ratio
of not less than one acre for every 100 anticipated residents, with
a minimum dedication of one acre.
(5)
The recorded plan and deeds shall indicate that no
additional development of principal structures can occur in the common
open space area. The open space shall be restricted against any future
building, development or use, except as is consistent with that of
providing for open space for recreational, conservation, agriculture
or aesthetic satisfaction of the residents of the development or of
the general public. Buildings or uses for noncommercial recreation,
cult, or agricultural purposes compatible with the open space objectives
may be permitted only with the express approval of the Planning Board,
following the approval of the building and site plans by the Planning
Board.
(6)
Any land set aside as open space must be made subject
to a deed restriction or agreement in a form acceptable to the Planning
Board and duly recorded in the office of the County Clerk of Gloucester
County. All documents pertaining to the conveyance and maintenance
of the open space shall meet the approval of the Planning Board as
to legal form and effect.
(7)
Methods of conveyance. All open space must be conveyed
in accordance with one of the following methods:
(a)
Dedication in fee simple. The Township may,
at the discretion of the Township Committee, accept any portion or
portions of the open space provided:
[1]
It is determined by the Planning Board that
such land is suitable in size, shape, location, and access, and the
Township Committee may determine that such lands will benefit the
general public of the municipality;
[2]
The Township agrees to and has access to maintain
such lands;
[3]
The titles are conveyed to the Township without
cost; and,
[4]
The Township Committee shall adopt a resolution
accepting the deed of dedication from the landowner together with
an account of monies as determined by the Township Committee, which
shall be deposited in a special municipal trust account that shall
be used only for the purpose of maintaining the land. The maintenance
funds shall be determined by the Township Engineer based on an estimate
of annual costs for the maintenance of the site including constructed
facilities. Sufficient funds shall be posted to cover all costs in
perpetuity and shall be based on a present worth value using a 3%
rate of return.
(b)
Conveyance of title to a conservancy, corporation,
homeowners' association, funded community trust, condominium corporation,
individual or other legal entity, provided that:
[1]
The terms of such instrument of conveyance must
include provisions suitable to the municipality, assuming such organization
can guarantee:
[a]
The continued use of such land
for the intended purpose in perpetuity;
[b]
Continuity of proper maintenance;
[c]
Availability of funds required
for such maintenance;
[d]
Adequate insurance protection;
[e]
Provision for payment of applicable
taxes;
[f]
The right of the Township to enter
upon and maintain such property at the expense of the organization
in the event the organization falls to maintain the property; and,
[g]
Such other covenants and/or easements
necessary to fulfill the purposes and intent of this subsection.
(8)
Minimum recreational facilities.
[Added 9-6-2001 by Ord. No. O-01-10]
(a)
The developer shall install as a minimum the
recreational facilities on the land which has been set aside for recreational
purposes:
|
Minimal Recreational Facilities
| |||
|---|---|---|---|
|
Dwelling
Units
|
Tot Lots
|
Multi-
purpose Field
|
Other
Recreational Facilities
|
|
0 to 25
|
1
| ||
|
26 to 100
|
1
|
1
| |
|
101 to 150
|
1
|
2
| |
|
151 to 200
|
2
|
3
| |
|
201 to 250
|
2
|
1
|
3
|
|
251 to 300
|
3
|
1
|
3
|
|
301 to 350
|
3
|
1
|
4
|
|
351 to 400
|
4
|
2
|
4
|
|
401 to 450
|
4
|
2
|
5
|
|
451 to 500
|
5
|
2
|
5
|
(b)
For developments having over 500 units, add
one tot lot for every 100 units or fraction thereof, add one multipurpose
field for every 200 units or fraction thereof, and add one other recreational
facility for every 150 units or fraction thereof. “Other recreational
facilities” referred to herein include swimming pools, tennis
courts, golf courses, basketball courts, handball courts, ice skating
rinks, indoor recreation centers or other facilities that the Planning
Board determines to be of equal recreational value to residents of
the proposed development. The developer may choose, with the approval
of the Planning Board, which of these facilities will be used to fulfill
the requirements of the chapter. In all developments restricted to
the elderly or marketed primarily for single adults, passive open
space or an additional facility from the “other recreational
facilities” category may be chosen by the developer with the
approval of the Planning Board to replace tot lot requirements.
(9)
Cash contributions.
[Added 9-6-2001 by Ord. No. O-01-10]
(a)
The requirements of this subsection, entitled
"Open space," relating to the construction of on-tract recreational
facilities on land which has been set aside for recreational purposes
may be modified or waived by the Planning Board with the consent of
the applicant upon the Planning Board's determination that both the
area local to the development and the recreational needs of the Township
would be better served by a cash contribution to the Elk Township
Park and Recreation Capital Improvement Fund.
(b)
The amount of the contribution required pursuant
hereto shall be determined by the Planning Board based on the estimated
cost of the recreation facilities and equipment that would otherwise
be required for the proposed development which will also take into
consideration 75% of the increased value accruing to the developer
that will occur by reason of the additional dwelling units the developer
will be able to construct by making a contribution to the fund in
lieu of constructing on-tract recreation facilities. The amount of
the contribution determined by the Planning Board shall be prorated
over the total number of dwelling units as shown on the preliminary
plan or site plan submitted by the applicant and approved by the Planning
Board in order to determine a per-dwelling-unit amount. In no case,
however, shall the amount of contribution per dwelling unit be less
than $2,500.
[Amended 5-5-2005 by Ord. No. O-2005-2]
(c)
Payment of the contribution required pursuant
hereto shall be made prior to the signing of the final plans by the
Planning Board Chairman, Planning Board Secretary, and Township Clerk
and shall be equal to the per-lot amount times the number of building
lots shown on the final plans to be signed and filed and shall be
made payable to the designated parks and recreation fund. For good
cause shown, the Planning Board may enter into an agreement to provide
that the payment or payments shall be made at some later time, subject
to the posting of adequate performance guaranties in an amount of
120% of the agreed contribution, subject, however, that the delayed
period of time shall in no event be later than the issuance of the
first certificate of occupancy.
(d)
The funds shall be deposited in a separate dedicated
trust fund of the Township to be designated to be used to offset the
cost of parks and recreation capital improvement projects and for
the acquisition of real estate for the development of Township parks
and recreational facilities.
B.
The following are prerequisites for a condominium
corporation, homeowners' association, or similar entity:
(1)
Disposition of the open space must be approved by
the Planning Board, prior to final plan approval, and the final plats
recorded before any dwelling units are sold, leased, or otherwise
conveyed.
(2)
Membership must be mandatory for each buyer and/or
lessee. The organizational papers shall set forth the voting rights
and the manner and time of transference of the organization and its
assets from developer to homeowner.
(3)
It must be responsible for liability insurance, taxes,
recovery for loss sustained by casualty, condemnation or otherwise,
and the maintenance of recreational and other facilities.
(4)
Members or beneficiaries must pay their pro rata share
of the costs, and the assessment levied can become a lien on the property,
including any maintenance and associated administrative costs incurred
by the municipality.
(5)
Such corporation or association shall not be dissolved
nor shall it dispose of the open space by sale or otherwise, except
to an organization conceived and established to own and maintain the
open space. The corporation or association must first offer to dedicate
the open space to the Township before any such sale or disposition
of open space.
(6)
The dedication of open space, streets, or other lands
in common ownership of the corporation, association, individual, or
other legal entity or the Township shall be absolute and not subject
to reversion for possible future use for further development.
Commercial uses in the business zones may display
goods for sales purposes or store goods for sale on the premises outside
of the principal structure in which such use is carried on, provided
that such outdoor selling or storage areas shall not encroach upon
any of the required yard areas or the required off-street parking
areas for the zone in which it is located, and further provided that
the area set aside for such outdoor selling or storage areas shall
not exceed an area equal to 1/2 of the gross area of the ground floor
of the principal building. The area to be used for any such outdoor
selling or storage areas shall be appropriately set forth at the time
of application for a zoning permit. Any subsequent establishment or
relocation of such areas shall be subject to the issuance of a supplementary
zoning permit.
[Added 8-3-2006 by Ord. No. O-2006-2]
A.
Any property whereon farm produce or plants are grown
may establish a roadside stand, subject to an administrative approval
addressing the following:
(1)
A minimum of 30% of the produce and plants offered
for sale shall be grown on the property (including contiguous lots
under the same ownership) where the stand is located and the sale
of live animals or poultry shall be prohibited.
(2)
Off-street parking shall be provided in accordance with § 96-54 of this chapter at a rate of one space per 200 square feet of floor area, as defined for retail uses.
(4)
The site shall provide for a defined entrance/exit from the roadway in accordance with § 96-54D of this chapter.
(5)
One identification sign, either freestanding
or wall-mounted, shall be permitted with a maximum area of 24 square
feet and a maximum height of six feet.
(6)
All structures shall be set back a minimum of
50 feet from all property lines.
See § 96-78E.
Sanitary sewers/residential site improvement
standards shall be in accordance with N.J.A.C. 5:21-6 and the following:
A.
If a public treatment and collection system is accessible,
the subdivider shall construct facilities in such manner as to make
adequate sewage treatment available to each lot within the subdivision
from said treatment and distribution system. The subdivider may be
required to install dry sewers designed to tie into the proposed Township
facility.
B.
Any treatment plant and collection system, including
individual on-lot septic systems, shall be designed in accordance
with the requirements of the State Health Department or Township ordinances
enforced by the County Board of Health, whichever is more restrictive,
and shall be subject to review and approval by the Township Board
of Health and the Township Municipal Utilities Authority and the Township
Planning Board.
C.
Where required by the Planning Board, sanitary sewers,
including service laterals and cleanouts at curb side, shall be installed
in all streets and easements before the base materials for the streets
are in place or the fine grading of the easement is complete, whether
such sewers can be put to immediate use.
D.
Where, in the opinion of the Board of Health so expressed
to the Planning Board, the subsurface soil characteristics and/or
the percolation rate are such to permit subsurface disposal of sewage
from individual dwellings as a temporary expedient until the sewers
installed in the streets can be connected to the Township sewer system,
such temporary subsurface disposal facilities may be permitted and
constructed in addition to the sewers in the streets and easements.
Sewerage facilities for individual dwellings shall conform with the
New Jersey Department of Health code, Chapter 199, P.L. 1954,[1] and current Township regulations and health code.
[1]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
E.
Sewers in the streets and easements are to be constructed
in accordance with the following except in areas where the Residential
Site Improvement Standards shall apply (N.J.A.C. 5:21-6):
(1)
Standards. All sewers, manholes, appurtenances and
equipment shall be designed, constructed and installed in accordance
with the requirements of the Department of Environmental Protection,
Gloucester County Utilities Authority and the Elk Township Municipal
Utilities Authority, the approval of which shall be noted on plans
and specifications submitted as part of the data required, and in
accordance with the most recent approved specifications and details
of the Elk Township Municipal Utilities Authority.
(2)
Pipe material. Pipe shall be PVC-SDR35 or ductile
iron, of the class, type and strength of each required for the particular
use and location.
(3)
Pipe dimensions. The minimum inside diameter shall
be eight inches for sewers in roadways or easements and four inches
for house connections; the diameter and slope (gradient) being such
as to maintain theoretically a velocity of two feet per second when
flowing 1/2 full (or full) with an assumed n=0.013. Without special
permission of all approving authorities, pipes larger in diameter
with flatter slopes shall not be permitted if the project rate of
flow does not theoretically fill the pipe 1/2 full.
(4)
Joints. Sections of pipe shall be joined by slip-type
rubber gasketed joints, mechanical joints and such other gasketed
joints as approved.
(5)
Watertight caps or plugs. Termination of service laterals
or any other temporary or permanent opening into the system shall
be sealed by an acceptable means against the entrance of surface water
and groundwater. Such sealed caps or plugs shall be so installed as
to be watertight against any such internal pressure as might be applied
in the testing of the sewer, as well as external subsurface water
infiltration. Terminations of laterals shall be referred to "S" cuts
on curbs or to other permanent monuments to facilitate locating the
ends in the future.
(6)
Manholes. Manholes may be either precast or built
in place. No more than four courses of brick may be used for casting
grade adjustments. No deviation from the approved standards will be
permitted which may adversely affect watertightness, structural strength,
safe use or maintenance of the manhole or the pipes connecting thereto.
(7)
Service connections. Laterals for sanitary sewers
shall be constructed from mains to a point two feet beyond underground
utility easement in front of the realty improvement to be sewered.
(8)
The owner shall, at the time said owner deeds the
streets within a development to the Township, give a bill of sale
to the municipality, transferring title to all sewer utility improvements
within street line limits and within easement limits absolutely free
to the Township of Elk.
[Amended 6-3-2004 by Ord. No. O-2004-5; 12-18-2008 by Ord. No.
O-2008-14]
A.
Applicability. The provisions of this section shall apply to the
construction, erection, alteration, use, type, number, location, size,
design, and maintenance of all signs. This section is intended to
regulate and control signs and their placement and construction throughout
the Township of Elk. Each site plan or subdivision application shall
include, where necessary, a sign plan showing the specific design,
location, size, height, construction and illumination of proposed
signs in accordance with the regulations within this chapter. Sign
permits are also required when a sign is proposed not in conjunction
with a site plan or subdivision application.
B.
Purpose and intent. The purpose of the sign regulations is to provide
a legal framework for a comprehensive and balanced system of signage
that will preserve the right of free speech and expression, provide
an easy and pleasant communication between people and the built environment,
protect the scenic qualities of the Township, and avoid visual clutter
that is potentially harmful to the character of the community, the
aesthetics of the Township, and potentially unsafe for motorists and
pedestrians. The sign regulations are intended to minimize the potential
for safety hazards, create a more productive, enterprising and professional
business atmosphere, and to enhance the architectural and planned
character of each zoning district.
D.
General regulations and requirements.
(1)
Any sign hereafter erected in Elk Township which is exposed to public
view shall conform with the provisions of this section and any other
ordinance or regulation of Elk Township, Gloucester County, or the
state or federal government relating to the erection, alteration or
maintenance of signs. In the event of conflicting regulations, the
most restrictive regulation shall prevail. Signs shall be considered
accessory uses in all zoning districts when placed in conformance
with the provisions of this section.
(2)
No sign other than exempt signs shall be erected without first obtaining
a sign permit from the Zoning Officer. Permit applications for signs
shall be accompanied by a plan, drawn to scale, showing details of
the sign, its size, and location on the building or lot. A color photograph
of each existing sign on the property shall be submitted with the
permit application. Fees for sign permits shall be paid in accordance
with a fee schedule adopted by the Township Committee. In addition
to other penalties for violations of this chapter, any illegal sign
may be removed or confiscated by the Zoning Officer.
[Amended 8-4-2011 by Ord. No. O-9-2011]
(3)
All signs, flags, and banners as provided for in this section shall
be kept in proper state of repair, in accordance with the Uniform
Construction Code and other pertinent regulations. Signs that fall
into a state of disrepair so as to become unsightly or to pose a threat
to public safety will receive a warning via certified mail from the
Zoning Officer, and if after 30 days the sign has not been removed,
it may be removed by the Township at the owner's expense.
(4)
Nonconforming signs which are structurally altered, relocated or
replaced shall comply with the provisions of this section. A change
in copy is not an alteration or replacement in accordance with this
section. Nonconforming signs must be maintained in good condition.
If the use of a nonconforming sign ceases for a period of more than
180 days or if the premises upon which the nonconforming sign is located
is abandoned, the nonconforming sign must be removed or replaced with
a conforming sign.
(5)
No sign other than official traffic or other similar official signs
shall be erected within or project over the right-of-way of any public
street or sidewalk except as provided herein.
(6)
Signs shall not be located at the intersection of any streets within
the triangular area formed by the right-of-way lines and a line connecting
them at points 25 feet from their intersection. No sign may impede
the safe vision of motorists and pedestrians or otherwise endanger
their safety.
(7)
Exempt signs. The following signs are exempt from the need to secure
permits:
(a)
Signs required by law.
(b)
Any sign or graphic integrated into or on a coin-operated machine,
vending machine, gas pump or telephone booth.
(c)
Any sign carried by a person.
(d)
Decorations for any officially recognized holiday, provided
that they do not create a fire or traffic hazard and provided that
the decorations are removed within 30 days after the holiday.
(e)
Political signs associated with an election or referendum, provided
that such signs are on private property, and are not placed more than
30 days before and removed within seven days after the day of voting,
and not to exceed four square feet in size.
(f)
Temporary yard or garage sale signs, provided that such signs are erected on private property, are no more than four square feet in area, are erected no more than seven days before the sale and are removed within 24 hours after the sale (and in accordance with § 99-8).
(g)
Temporary real estate signs on the lot on which the real estate
for rent or for sale is located shall be limited to one per lot frontage.
The signs may not be more than four square feet and four feet high
for residential property and eight square feet and six feet high for
commercial property. They must be removed within 14 days of the sale
or rental of the property. Open house signs are also permitted, but
only on the day of the open house and not within the public right-of-way.
(h)
Temporary "grand opening" signs are permitted for an occupant
of a shopping center or other single-use or multi-use commercial building.
The sign may not exceed 20 square feet and may not be displayed for
more then two weeks out of a calendar year. The sign must comply with
all requirements to protect the public health and safety.
(i)
Temporary (30 days or less) banners advertising special events
sponsored by or held by the Township, county, school district, Fire
Department, or the like.
(j)
Temporary signs may be erected for residential developments
or commercial sites that are under construction. The temporary sign
must meet the setback and size requirements for the zone and may not
be installed until construction has commenced. The sign must be removed
within one year or upon installation of the permanent signs.
(k)
American, state, county and Township flags.
(l)
No trespassing signs.
(m)
Temporary farm stand signs during growing season.
(8)
Illuminated signs in residential zoning districts and in all districts
when the lot is immediately adjacent (including directly across a
street) to a residential district must be turned off between the hours
of 10:00 p.m. and 6:00 a.m. This does not apply to residential nameplates.
(9)
All ground and freestanding signs must be a minimum of 100 feet from
the nearest other sign, except for farm stands during the growing
season.
(10)
Architectural details may extend up to 12 inches on the sides
and top of the sign. For monument or ground signs, the architectural
base may be up to 30 inches above grade. More expansive walls or architectural
elements require site plan approval.
(11)
Wall signs shall be attached to the face of the building in
a plane parallel to such face and projecting not more than 12 inches
therefrom and shall not extend higher than the top of the parapet.
Wall signs shall not cover wholly or partially any wall opening, including
doors, fire escapes or windows, nor shall they extend beyond the ends
of the wall.
(12)
As described in Subsection E below, shopping centers or developments with more than one use on a site are permitted one ground or freestanding sign per street frontage for the entire site, which may include tenant panels. Individual tenants or occupants may have wall or facade signs or other attached signs as described in Subsection E below but may not have individual ground or freestanding signs.
(13)
Ground or freestanding signs must have the address of the site
identified prominently on the sign, except for farm stands during
the growing season.
(14)
The size of any sign shall be computed by multiplying its greatest
height by its greatest length, exclusive of supporting structures.
(15)
Signs advertising an establishment or use no longer in existence
or a product no longer available shall be removed within 14 days.
E.
Schedule of sign use and bulk regulations. Signs shall be permitted
in each zoning district with the issuance of a zoning permit according
to the following use regulations and other applicable requirements
of this section:
(1)
Permitted signs in residential districts.
|
Use or Function
|
Type of Sign Permitted
|
Total Number of Signs Permitted
|
Maximum Size
|
Maximum Height
(feet)
|
Minimum Setback1
(feet)
|
|---|---|---|---|---|---|
|
Nameplate for residence
|
Ground, hanging, wall
|
1 per lot
|
1 1/2 square feet
|
3 for ground sign
|
10 feet
|
|
No Solicitation
|
Wall
|
1 within 2 feet of front door
|
1 square foot
|
N/A
|
N/A
|
|
Permanent subdivision identification
|
Ground
|
1 per entrance
|
20 square feet
|
6
|
10
|
|
Institutional uses (school, municipal facilities, library, etc.),
public parks and playgrounds, religious uses, child-care centers
|
Ground or facade
|
1 per street frontage
|
24 square feet
|
8 for ground
|
10
|
|
Farm Stand Permanent signs
|
Ground or Facade
|
Maximum of 2 permanent signs
|
24 square feet each
|
6 for ground, not above roof for facade signs
|
10
|
|
Farm Stand Temporary Signs
|
Ground or facade
|
As required for farm marketing
|
16 square feet each
|
6 feet for ground signs
|
N/A, but may not cause traffic or safety hazards
|
|
NOTES:
|
|---|
|
1 Minimum setback applies to all
property lines.
|
(2)
Permitted signs in nonresidential districts.
|
Zone
|
Use
|
Type of sign
|
Total Number of Signs Permitted
|
Maximum Size
|
Maximum Height
(feet)
|
Minimum setback
(feet)
|
|---|---|---|---|---|---|---|
|
All nonresidential*
|
Any permitted
|
Facade or wall
|
1 per street frontage on principal structure
|
10% of facade area or 80 square feet, whichever is
less
|
N/A (may not extend above roof)
|
Same as building
|
|
C-1, C-2, M-1,
|
Movie theaters and performance venues only
|
Marquee
|
1 per site
|
3 feet in height and 21 square feet
|
Minimum 8 feet of clearance for pedestrians
|
Same as building
|
|
All nonresidential except C-2
|
Any permitted but not part of a shopping center or
planned development
|
Ground or monument
|
1 per street frontage
|
24 square feet
|
6
|
10
|
|
C-2
|
Any permitted but not part of a shopping center or
planned development
|
Freestanding (or pole) or ground (or monument)
|
1 per street frontage
|
50 square feet
|
16 for freestanding; 8 for ground
|
15
|
|
All nonresidential except C-2
|
Shopping centers
|
Ground or monument
|
1 per street frontage
|
50 square feet
|
8
|
15
|
|
C-2
|
Shopping centers
|
Freestanding (or pole) or ground (or monument)
|
1 per street frontage
|
80 square feet
|
16 for freestanding; 8 for ground
|
20
|
|
All nonresidential
|
Any permitted
|
Window signs
|
1 per street frontage
|
No more than 25% of the window area
|
N/A
|
Same as building
|
|
C-2
|
Gasoline filling stations only
|
Canopy signs
|
1 per street frontage
|
21 square feet
|
Minimum clearance for vehicles, 10 feet
|
Same as building
|
|
All nonresidential
|
Only if a wall sign is not proposed, and only on the
vertical hang
|
Awning signs
|
2 per street frontage
|
No more than 25% of the awning area, and letters not
more than 5 inches.
|
15
|
Same as building
|
|
All nonresidential
|
Office or industrial parks or shopping areas with more
than four tenants
|
Directory signs
|
1
|
16 square feet
|
6
|
25 from right-of-way
|
|
M-1 with frontage on State Highway Route 55
|
Any permitted
|
Billboard, off-premises
|
1,000 feet minimum distance between billboards
|
700 square feet
|
35
|
100 from side and rear property lines; 5 feet from
state highway
|
|
NOTES:
|
|---|
|
1For the purposes of the
sign regulations, "all nonresidential" means all nonresidential zones,
including those residential zoning districts in which nonresidential
uses are permitted as a conditional use.
|
F.
Design regulations
(1)
A total increase in size and height of up to 10% may be allowed for
monument or ground signs that are designed with carved or sandblasted
copy and borders.
(2)
Freestanding and ground signs shall have a landscaped area around
the base. The landscaped area shall be a minimum of 1.5 times the
area of the sign. For example, a twenty-four-square-foot sign must
have a minimum thirty-six-square-foot landscaped area at the base.
The landscaping should include evergreen shrubs and ground cover and
seasonal flowers.
(3)
There should be a consistent sign design theme throughout a particular
project. The design theme should include style of lettering, illumination,
color, height, construction material, size, and type of pole or structure.
Color of letters and background should be carefully considered in
relation to the color and material of the buildings and where the
signs are proposed to be located. Signs should be a subordinate feature
of the plan relative to the principal structure. The design of a sign
must be integrated into the design of the building to which it relates.
Adjacent property owners should also seek harmony in design with the
neighboring properties.
(4)
Signs must be located on a lot so that they are not within the public
right-of-way and do not interfere with sight distances at street intersections
or ingress and egress points to a lot. Signs intended to be seen from
a vehicle should be perpendicular to the line of travel, while signs
designed to be read by pedestrians can be parallel with walkways.
(5)
Sign lettering. The standard letter height for directional signs
is a letter size of two inches plus one additional inch for each 25
feet of viewing distance. A sign designed to be read from 100 feet
away should have letters of at least six inches.
G.
Billboard signs.
(1)
Billboards are permitted within the M-1 Light Manufacturing Zoning
District on lots with frontage on State Highway Route 55.
(2)
The maximum advertising surface for each billboard shall not exceed
700 square feet.
(3)
Maximum height for billboard signs shall be 35 feet.
(4)
Minimum letter height on billboards shall be 15 inches.
(5)
Billboard signs shall be oriented to be visible by motorists traveling
State Highway Route 55 traveling north and are intended only to be
visible from the limited-access highway.
(6)
No billboard shall be located closer than 1,000 feet from the municipal
boundary.
(7)
No billboard shall be located closer than 100 feet from any property
line, except a setback of five feet is permitted from the state highway
right-of-way.
(8)
No outdoor advertising sign shall be permitted to advertise any products
or activities that are illegal under any law.
(9)
Billboard signs shall not be permitted to have moving parts, reflective
materials, or animation, scrolling text or digital video display.
(10)
All billboards permitted shall be buffered to the extent necessary
to restrict visibility from any residential zone.
(11)
All billboards must be in compliance with the Roadway Signs
Outdoor Advertising Act.
(12)
No billboard shall be applied for or erected until approval
is obtained from the New Jersey Department of Transportation and a
copy of such approval is provided to the Township.
(13)
The applicant must provide a letter of interpretation from the
NJDEP or a determination of absence of wetlands.
H.
Prohibited signs. Any other provisions of this section notwithstanding,
the following signs shall be prohibited in all zoning districts unless
otherwise specified:
(1)
Signs which contain or are an imitation of an official traffic signal
or hide from view any traffic street signal or sign or that have any
characteristics that are likely to confuse or dangerously distract
the attention of the operator of a motor vehicle operator.
(2)
Signs which are designed to move, either by mechanical or other means.
(3)
Signs which contain or consist of banners, posters, pennant ribbons,
streamers, strings of light bulbs, spinners, or other similarly moving
devices (this does not include permitted flags).
(4)
Signs which flash or scroll, except for time and temperature indicator.
(5)
Signs which emit odors or smoke or produce noise or sounds capable
of being heard even though the sounds produced are not understandable.[1]
[1]
Editor's Note: Former Subsection H(5), regarding electronic
message boards, was repealed 11-3-2022 by Ord. No. O-8-2022. This
ordinance also renumbered former Subsection H(6) through (12) as H(5)
through (11), respectively.
(6)
Silhouetted or three-dimensional signs, e.g., signs lacking a background
and having letters, figures, or devices silhouetted against the sky
or other open space not a part of the sign, and/or signs in which
objects or representational devices are present in the round or other
than in a vertical plane.
(7)
Any freestanding sign or any sign projecting from a building, within
a triangular area bounded by the intersection of two right-of-way
lines and a line connecting points 30 feet from such intersection
along the right-of-way lines, whether existing or shown on the Master
Plan or in sight clearance triangles specified in other regulations.
(8)
Signs located or placed on any tree, telephone or utility pole, light
standard or upon rocks or other natural features.
(9)
Tubes of lighting or strings of lights may not outline the rooflines,
doors, windows or wall edges for advertising purposes. This provision
does not apply from Thanksgiving Day through January 25 (during the
Christmas season).
(10)
Portable signs, such as those on wheels.
(11)
Signs projecting above the roof or the main cornice line of
the building to which it is affixed.
I.
The use
of ground-mounted electronic directly illuminated signs, including
changeable signs, digital signs, light-emitting diode (LED) signs,
electronic message centers (EMC), is permitted only in the nonresidential
Zones (C-1; C-2; M-1 and NCO), subject to the following limitations
and restrictions:
[Added 11-3-2022 by Ord. No. O-8-2022]
(1)
Static
changing images are permitted, but such changes may not be animated
(including flashing, scrolling, intermittent or full-motion video
elements).
(2)
Signs
shall have a static image appearing for a minimum of 15 seconds, and
have an interval change time of two seconds or less.
(3)
Signs
should be designed with an opaque background and translucent text
and symbols, or with a colored (not white, off-white, light gray,
cream or yellow) background to reduce glare.
(4)
Signs
shall use automatic dimming control, either by photocell (hardwired)
or via software settings, to reduce light levels at night and under
cloudy and other darkened conditions.
(5)
No
such sign may cause illumination spillover to residential properties.
(6)
No
such sign may resemble or simulate any warning or danger signal, or
any official traffic control device, sign, or light.
(7)
Five
additional square feet over and above what is permitted in the district
for signage. A maximum of 20 square feet is permitted to be digital
signage. The additional square footage of digital signage over and
above the initial five square feet will be subtracted from the allowable
sign area.
(8)
All
signs shall be kept in good repair. Good repair shall include replacement
or repair of broken or missing structural elements, casings, or faces,
maintenance of legibility, and maintenance of all lighting elements.
General design requirements for all nonresidential
districts are as follows:
A.
No merchandise, products, waste equipment, or similar
material or objects shall be displayed or stored outside. However,
for automotive sales facilities, vehicles capable of moving under
their own power may be displayed and stored outside.
B.
All buildings in a development shall be compatibly
designed, whether constructed all at one time or in stages over a
period of time. All building walls facing any street or residential
district line shall be suitably finished for aesthetic purposes.
C.
All portions of the property not utilized by buildings
or paved surfaces shall be landscaped.
D.
The established grades on the site shall be planned
for both aesthetic and drainage purposes. The grading plan, drainage
facilities and landscaping shall be coordinated to prevent erosion
and silting as well as assuring that the capacity of any natural or
man-made drainage system is sufficient to handle the water generated
and anticipated both from the site and contributing upstream areas.
E.
Trash enclosures must be enclosed behind an opaque
fence or wall at least five feet in height with an opaque self-closing
gate. The exterior finish material of the trash enclosure and gate
must be compatible with that of the exterior of the principal structure.
Trash enclosures shall not be within 10 feet of any other structures.
F.
Not more than one point of ingress and/or egress shall
be permitted within 75 feet of another point of ingress and/or egress
serving the same tract, and in no case shall a development have more
than two such points of ingress and/or egress on any one street frontage.
Streets/residential site improvement standards
shall be in accordance with N.J.A.C. 5:21-4 and the following:
A.
All subdivisions shall be served by paved public streets
with an all-weather base and pavement with an adequate crown. The
arrangement of streets not shown on the Master Plan or Official Map,
as adopted by the Township, shall be such as to provide for the appropriate
extension of existing streets and should conform with the topography
as far as practicable.
B.
The developer shall submit plans, profiles, cross
sections and design for the work to the Township Engineer for approval
prior to the start of any construction, and at their own expense,
grade all streets for their full width, in conformity with the terrain
and good engineering practices; shall have all underground utilities
installed prior to any street paving construction; shall construct
adequate underground pipe drainage systems to carry off surface waters;
shall construct streets in accordance with specifications shown below;
and shall install a base course.
C.
When a new subdivision adjoins land susceptible of
being subdivided, suitable provisions shall be made for optimum access
of the remaining and/or adjoining tract for existing or proposed streets.
D.
Local streets shall be so designated as to discourage
through traffic.
E.
In all residential zones, all major subdivisions bounded
by any freeway, arterial or primary collector street shall control
access to said streets by having all driveways intersect marginal
service streets, parallel streets or streets intersecting said freeway,
arterial or primary collector street. In addition, that portion of
the subdivision abutting said freeway, arterial or primary collector
street right-of-way to a depth of 25 feet therefrom and for the full
length of the subdivision shall be planted with nursery-grown trees
so that, in a reasonable period of time, a buffer will exist between
the development and the highway to promote public safety and maintain
open spaces and a rural atmosphere. All trees shall be of nursery
stock having a caliper of not less than 2 1/2 inches measured
three feet above ground level and be of an approved species grown
under the same climatic conditions as at the location of the development.
They shall be of symmetrical growth, free of insect pests and disease,
suitable for street use and durable under the maintenance contemplated.
No driveways shall enter onto freeways, arterial or primary collector
streets.
F.
No subdivision showing reserve strips controlling
access to streets or other area, either developed or undeveloped,
shall be approved except where the control and disposal of land comprising
such strips has been given to the government body after recommendation
by the approving board.
G.
In the event that a subdivision adjoins or includes
existing Township streets that do not conform to widths as shown on
the adopted Master Plan and/or Official Map or the street width requirements
of this article, additional land along either or both sides of said
street sufficient to conform to the right-of-way requirements shall
be dedicated to the Township for the location, installation, repair
and maintenance of streets, drainage facilities, utilities and other
facilities customarily located on street rights-of-way and shall be
expressed on the plat as follows: Street right-of-way easement granted
to the Township of Elk permitting the Township to enter upon these
lands for the purposes provided for and expressed in this chapter
of the Township of Elk. This statement on an approved plat shall in
no way reduce the subdivider's responsibility to provide, install,
repair or maintain the facilities in the area dedicated by ordinance
and/or as shown on the plat and/or as provided for by any maintenance
or performance guaranties. If the subdivision is along one side only,
1/2 of the required extra width shall be dedicated. For a major subdivision,
that portion of the existing street or road adjoining or included
within the subdivision shall be improved, including excavation, grading,
gravel base and surfacing, in accordance with the road improvement
standards of this article.
H.
Longitudinal grades on all streets shall not exceed
8% and shall be no less than .5% ; however, grades below 1% shall
require a monolithic gutter with curb construction. Maximum grades
within intersections shall be 3%.
I.
All changes in grade where the algebraic difference
in grade is 1% or greater shall be connected by a vertical curve having
a length of at least 50 feet for each 2% difference in grade or portion
thereof and providing minimum sight distance of 200 feet for local
streets, 275 feet for collector streets and 475 feet for an arterial
streets.
J.
In all subdivisions, the minimum street right-of-way
shall be measured from lot line to lot line and shall be in accordance
with the following schedule, but in no case shall a new street that
is a continuation of an existing street be continued at a width less
than the existing street, although a greater width may be required.
K.
Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 60°, and approaches
to all intersections shall follow a straight line for at least 100
feet. No more than two streets shall meet or intersect any one point
and the center lines of both intersecting streets shall pass through
a common point. Measuring from this common point, two intersections
shall be spaced a sufficient distance to permit a minimum of two lots
between the two street rights-of-way. Any subdivision abutting an
existing street classified as an arterial or primary collector shall
be permitted only one new street connecting within the same side of
the existing street, except, where the frontage is sufficient, more
than one street may intersect the arterial or primary collector street,
provided that the streets shall not intersect with the same side of
the existing street at intervals of less than 800 feet. The block
corners at intersections shall be rounded at the curbline with the
street having the highest radius requirement as outlined below determining
the minimum standard for all curblines:
L.
For both major and minor subdivisions, sight triangle
easements shall be required at all intersections, in addition to the
right-of-way, which is outlined above, in which no grading, planting
or structure shall be erected or maintained more than three feet above
the street center line except for street signs, fire hydrants and
light standards. The sight triangle is defined as that area outside
the right-of-way, which is bounded by the intersecting street lines
and the straight line connected by the intersecting street lines and
the straight line connecting sight points, one each located on the
two intersecting street center lines; arterial streets at 300 feet;
collector streets at 200 feet; and local streets at 90 feet. Such
easement dedication shall be expressed on the plat as follows: "Sight
triangle easement granted to the Township of Elk for the purposes
provided for and expressed in the Unified Development Ordinance of
the Township of Elk."
[Amended 4-3-2003 by Ord. No. O-2003-3]
M.
A tangent at least 200 feet long shall be introduced
between reverse curves on arterial and collector streets. When connecting
street lines deflect from each other at any one point by more than
10°, they shall be connected by a curve with a radius conforming
to standard engineering practice so that the minimum sight distance
within the right-of-way shall be 350 feet for local streets, 500 feet
for a collector street and 800 feet for an arterial street. All culs-de-sac
of a permanent nature (where provision for the future extension of
the street to the boundary of the adjoining property is impractical
or impossible) or of a temporary nature (where provision is made for
the future extension of the street to the boundary line of adjoining
property) shall be no more than 750 feet and shall provide a turnaround
at the end with a radius of 50 feet on the curbline, plus a utility
and planting strip width of eight feet around the entire cul-de-sac.
The center point for the radius shall be on the center line of the
associated street or, if offset, offset to a point where the radius
becomes tangent to one of the curblines of the associated street.
If a cul-de-sac street is of temporary nature, provisions shall be
made for removal of the turnaround and reversion of the excess right-of-way
to the adjoining properties when the street is extended.
N.
No street shall have a name which will duplicate or
so nearly duplicate the name of an existing street that confusion
results. The continuation of an existing street shall have the same
name. Curvilinear streets shall change their names only at street
intersections.
O.
Continuous open driveways in excess of 15 feet in
width resulting in the elimination of curbing along the Township streets
shall be prohibited.
P.
The pavement width of streets and the quality of surfacing
and base materials shall adhere to the minimum standards set forth
by the Township, county or state engineers when said paving concerns
roads under their jurisdiction and where such standards exist. Concerning
streets under the jurisdiction of the Township, the following standards
shall apply:
(1)
The minimum requirements of any new street shall be
constructed according to the specifications and procedures as set
forth in the New Jersey Department of Transportation Standard Specifications
(1998 or latest edition) with addenda.
(2)
In nonresidential developments, the minimum total
asphalt thickness for all pavements shall be seven inches. The use
of alternate materials for subbase is permitted on an equivalent asphalt
basis (i.e., one inch of asphalt equals 1 3/4 inches of soil
aggregate, Type 5, Class A; one inch of asphalt also equals 2 1/2
inches of soil aggregate, Type 5, Class B). The minimum top shall
be two inches of FABC-1, Mix No. 5. The above minimum pavement thickness
is based upon a California Bearing Ratio (C.B.R.) value of eight,
and if actual C.B.R. results indicate higher values, a lesser pavement
thickness will be entertained by the Township Engineer's approval,
subject to the Township Manager's approval.
(3)
Prior to placing the surface course, the base course
shall have a tack coat of bituminous material. All of the above construction
shall be in accordance with current New Jersey Department of Transportation
Standard Specifications and supplements thereto on file in the office
of the Township Engineer. The standard specifications are further
supplemented to require that, prior to placing final surface course,
the intermediate base course shall be open to traffic and shall so
remain for at least one winter season. Thereafter, the Township Engineer
shall inspect the pavement and will require areas of pavement failure
to be removed and replaced; settled areas shall be leveled with hot
mixed bituminous concrete. The Township Engineer may require compacted
select fill or approved subbase material as needed to replace native
subgrade material.
(4)
All traffic lanes, both moving and parking, shall
be striped in accordance with the Manual on Uniform Traffic Control
Devices, as amended. (U.S. Department of Transportation, Federal Highway
Administration, 1971).
(5)
The work shall be inspected through the course of
construction by the Township Engineer or his duly authorized representative
who shall be notified 48 hours before any work is started or continued.
Q.
The approval by the Planning Board or other Township
agency of any map of land delineating streets shall in no way be construed
as an acceptance of any street indicated thereon.
R.
Construction standards as specified herein shall also
apply to any private street as may be part of a development application
receiving preliminary approval by the Planning Board.
S.
Fire lanes located in other than those paved portions
of a lot shall be designed such that the subsurface base be at least
20 feet wide of twelve-inch thick quarry blend over a quality subsoil
necessary and sufficient to support a thirty-ton fire apparatus vehicle.
The subsurface base may be covered with at least two inches of topsoil
prior to the placement of sod or alternative paving block or similar
decorative paving may be used. Final design shall be approved by the
Township Engineer.
T.
Curbs. Unless otherwise approved, curbs shall be constructed
of Portland cement air-entrained concrete, Class C, having a standard
strength of 4,500 pounds per square inch. Depressed curbs at driveways
shall have a full depth of 18 inches.
U.
Sidewalks. All required sidewalks, except in areas
where the Residential Site Improvement Standards shall apply (N.J.A.C.
5:21-5), shall be four feet wide by four inches thick, except at driveways
and aprons where they shall be six inches thick. Sidewalks shall be
constructed of Portland cement air-entrained concrete, Class C-1,
having a standard strength of 4,000 pounds per square inch.
V.
Streetlights. All streetlights shall be installed
at least at all street intersections and as may be required by the
Township Engineer. They must be shielded so that no direct light or
glare is visible from house or apartment windows and do not produce
glare in the eyes of a motorist.
W.
Street signs.
(1)
All street signs shall have reflectorized white letters
on a green background (e.g., type E-450 or equal). Both signs and
poles shall either be of nonferrous metal or galvanized steel. Neighborhood
or directional signs shall be installed on major roads to aid in circulation.
(2)
All signs shall be mounted on two-inch diameter posts
embedded in concrete.
(3)
Street signs shall be approved by the Township Engineer
prior to ordering by the developer.
(4)
Street signs shall comply with the requirements contained
within the Manual of Uniform Traffic Control Devices.
(5)
Street signs shall be installed by the developer upon
the completion of the base course of each roadway within the development.
No certificates of occupancy will be issued until the signs are installed
and approved by the appropriate Township officials.
(6)
No decorative street signs are permitted within the
Township of Elk.
X.
Adjacent lots created by subdivisions fronting county
rights-of-way shall have shared or common curb cuts whenever feasible
with appropriate easements included; otherwise the driveways shall
be the maximum practical distance apart.
[Added 6-3-2004 by Ord. No. O-2004-5]
Stormwater management/residential site improvement
standards shall be in accordance with N.J.A.C. 5:21-7 and the following:
A.
General.
(1)
All storm drainage systems consisting of catch basins,
underground sewers, paved swales, box culverts, rip-rap or otherwise
stabilized stream banks, dams, retention basins and swales, trash
racks, and other devices shall be installed so that all stormwater
is led to and confined in natural drainage channels without causing
erosion. Bicycle-safe storm sewer gratings are required. They shall
also be designed in accordance with the standards established in this
article.
(2)
Concrete pipe is preferred to box culverts for drainage
under roads. In such cases an easement of appropriate width extending
at least 50 feet beyond the right-of-way line shall be granted on
either side, and the pipe shall be covered for the full width of the
right-of-way and 20 feet beyond.
(3)
Storm sewer requirements and standards for all development
shall be those required by the New Jersey Residential Site Improvement
Standards (NJRSIS). For nonresidential development, the following
requirements shall also apply.
(4)
All development plans shall include a stormwater management
report prepared, signed and sealed by an engineer licensed by the
State of New Jersey. The report is to analyze pre- and post-development
conditions and conveyance system design. Drainage area maps are to
be provided. Calculations justifying runoff coefficients, travel time,
flow rates, flow volumes, storage volumes and discharge rates, pipe
routing tables, etc., are to be included.
(5)
The stormwater management plans submitted shall demonstrate
careful consideration of the general and specific concerns, values
and standards of the Township Master Plan and applicable county, regional
and state storm drainage control programs, any County Mosquito Commission
control standards, and shall be based on environmentally sound site
planning, engineering and architectural techniques.
(6)
Development shall use the best available technology
to minimize off-site stormwater runoff, increase on-site infiltration,
simulate natural drainage systems, and minimize off-site discharge
of pollutants to groundwater and surface water and encourage natural
filtration functions. Best available technology may include measures
such as detention or retention basins, recharge trenches, piping,
contour terraces and swales.
(7)
It shall be the policy of the Planning Board to require
the ownership and maintenance of all stormwater basins serving residential
areas to be located on property owned and maintained by a homeowners'
association. In no case shall a stormwater basin be located and maintained
by an individual residential lot.
(8)
Detention basins are preferred over retention basins.
Specific requirements for retention basins are not included herein
but will be determined on a case-by-case basis.
(9)
It shall be the policy of the Planning Board to minimize
the number of basins by encouraging the joint use of basins between
various developments and minimizing the number of basins within a
development.
B.
Detention facilities maintenance and repair.
(1)
Responsibility for operation and maintenance of detention
facilities, including periodic removal and disposal of accumulated
particulate material and debris, shall remain with the owner(s) of
the property with permanent arrangements that it shall pass to any
successive owner, unless assumed by a government agency. If portions
of the land are to be sold, legally binding arrangements shall be
made to pass the basic responsibility to successors in title. These
arrangements shall be designated for each project, the property owner,
governmental agency, or other legally established entity to be permanently
responsible for maintenance, hereinafter referred to as “the
responsible person.”
(2)
Prior to granting approval to any project subject
to review under this chapter, the developer shall enter into an agreement
with the municipality (or county) to ensure the continued operation
and maintenance of the detention facility. This agreement shall be
in a form satisfactory to the Municipal Attorney, and may include,
but may not necessarily be limited to, personal guaranties, deed restrictions,
covenants, and bonds. In cases where property is subdivided and sold
separately, a homeowners' association or similar permanent entity
should be established as the responsible entity, absent an agreement
by a governmental agency to assume responsibility.
(3)
In the event that the detention facility becomes a
danger to public safety or public health, or if it is in need of maintenance,
the municipality shall so notify in writing the responsible person.
From that notice, the responsible person shall have 14 days to effect
such maintenance and repair of the facility in a manner that is approved
by the Municipal Engineer or his or her designee. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality may immediately proceed to do so and shall bill the cost
thereof to the responsible person.
(4)
In accordance with the NJRSIS (N.J.A.C. 5: 21-7. 5),
for detention basins serving a residential community, a maintenance
trust fund should be posted, which will generate sufficient revenue
to cover all maintenance costs in perpetuity. The fund shall be based
on a present worth value using a 3% rate of return. All costs, including
mowing, eventual structure replacement, sediment removal, etc., are
to be included. The minimum amount of the fund should be $35,000 (based
on an one-half-acre basin). This requirement shall apply for basins
under either Township or a homeowners' association ownership.
(5)
The plans are to include notes pertaining to restoration
procedures and a long-term maintenance schedule and procedures. Maintenance
shall include mowing, leaf removal, debris removal, inspection, desilting,
and any other work specific for the facility.
C.
Stormwater management detention basin locations.
(1)
Basins shall generally not be located adjacent to
residential properties.
(2)
When located adjacent to residential properties, side
slopes shall be 4:1. Water depth shall be limited to three feet.
(3)
Low maintenance, water tolerant grasses, or wildflower
seed mix shall be used as appropriate. Type of vegetation used shall
be compatible with the site.
(4)
Fencing and dense landscaping may be required when
adjacent to residential lots.
(5)
All basins, regardless of ownership, must have a dedicated
access from a public right-of-way. The access should include a stabilized
surface suitable for the passage of maintenance and inspection equipment
and vehicles. An easement granting the municipality the right to access
and perform work in the basin should be granted.
D.
Stormwater management discharge location.
(1)
The development plans should illustrate all topographical
features and structures downstream of all basin discharges, emergency
spillways, stormwater outfalls and swales, for a sufficient distance
to evaluate the impact of discharge. A stability analysis of the downstream
flow path should be provided. Impacts on structures and/or private
property should be reviewed.
(2)
The impact of increased runoff volume from basins
should also be reviewed.
(3)
Easements should be provided at all points of discharge
onto adjacent properties, regardless of the use of basins, swales,
or pipelines to convey the flow to the property line.
E.
Stormwater management retention basins.
(1)
When approved, detailed design criteria for retention
basins will be determined on a case-by-case basis. However, at a minimum,
all requirements for detention basins will be adhered to along with
the following.
(2)
The separation between seasonal high groundwater and
the basin bottom shall be two feet for dry or recharge basins.
(3)
Basins should dewater within 24 hours after the design
storm event.
(4)
Post-construction percolation tests will be required
to ensure that the designed dewatering period will be attained.
(5)
Side slopes of 4:1 or less shall be used.
(6)
For wet retention basins, or permanent ponds, a sufficient
natural water supply capable of maintaining a minimum depth of three
feet shall be required.
(7)
In accordance with the NJRSIS (N.J.A.C. 5:21), for
retention basins serving a residential community, a maintenance trust
fund should be posted, which will generate sufficient revenue to cover
all maintenance costs in perpetuity. The fund shall be based on a
present worth value using a 3% rate of return. All costs, including
mowing, eventual structure replacement, sediment removal, scarifying,
etc., are to be included. The minimum amount of the fund should be
$47,000 (based on an one-half-acre basin). This requirement shall
apply for basins under either Township or a homeowners' association
ownership.
F.
Stormwater management water quality. The water quality
standards for stormwater management shall be those included in the
NJRSIS (N.J.A.C. 5:21-7.6).
A.
A proposed traffic control plan showing traffic signs
to be installed by the developer at its sole expense shall be submitted
with each application for subdivision or site plan approval. The plan
shall indicate the nature and proposed location of traffic and street
signs needed to assure safe and controlled flow of traffic on the
tract, including site ingress and egress. The information to be set
forth on each sign, including street names, permissible speed limits,
stop and yield signs at intersections, designations of one-way and
dead-end streets, and prohibited parking locations, shall be specified.
B.
Final sign locations shall be determined by the Township
after review, when necessary, with the Department of Transportation
(NJDOT) or county, of proposed traffic generation and vehicular movement
data and relevant speed and accident sampling data.
C.
All signs shall be approved by the Township Engineer
prior to their purchase by the developer, to assure uniformity and
conformance with the standards contained in the Manual on Uniform
Traffic Control Devices.
D.
No certificate of occupancy shall be issued for any
structure located on the tract until the Township Engineer has certified
the satisfactory installation by the developer of all signage in accordance
with the traffic control plan, as it may be modified by the Township
Police Department or the NJDOT.
Water mains are to be installed in accordance
with the following, except in areas where the Residential Site Improvement
Standards shall apply (N.J.A.C. 5:21-5):
A.
Engineering requirements for all water main installations
are to comply with the rules and regulations of the Department of
Environmental Protection and the Elk Township Municipal Utilities
Authority (MUA).
B.
All pipe shall be not less than Class 150 ductile-iron
pipe of the size determined by the MUA, but in no case less than six
inches in diameter, and meeting the current specifications of the
American Water Works Association. PVC water mains with push-on joints
may be used if approved by the applicable public utility.
C.
All joints shall be push-on or mechanical joint.
D.
The depth of pipe from the finished surface or roadway
or grade shall be not less than four feet from the top of pipe.
E.
Fire hydrants shall be generally located not more
than 600 feet apart and spotted, where practicable, as follows: near
streetlights, inlets, street intersections, and on property lines.
F.
Valves shall be installed with all fire hydrants and
at such other locations in the lines as directed by the Elk Township
Municipal Utilities Authority.
G.
House service connections, from the main to the curb
stop and box, must be installed at all lots prior to placing any foundation
or surface on the roadway.
H.
No installation shall be covered until inspected and
approved by the Township Engineer.
I.
Where public water is accessible, the subdivider shall
construct water mains in such manner as to make adequate water service
available to each lot or dwelling unit within the subdivision or development.
The entire system shall be designed in accordance with the requirements
and standards of the local and/or state agency having approval authority
and shall be subject to its approval. The system shall also be designed
with adequate capacity and sustained pressure to service the lots
and permit necessary fire-fighting abilities.
J.
Dry fire
hydrants and dry waterlines shall be installed within all major subdivisions
where roads are created and where public water supply is not currently
available, as recommended by the Fire Marshall for fire safety.
[Added 4-1-2010 by Ord. No. O-2010-11]
