[Added 11-8-2004 by Ord. No. 2004-25[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. VI. Design Standards, as amended, and former Art. VII,
Recycling Areas in Multifamily Housing Developments, added 11-8-1993
by Ord. No. 1993-19.
A.
No development shall take place within the City, nor shall any land be cleared or altered, nor shall any watercourse be diverted or its channel or floodplain dredged or filled, nor shall any parking areas, accessory or otherwise, or accessways thereto be constructed, installed or enlarged, nor shall any building permit, certificate of occupancy, zoning permit or other required permit be issued with respect to any such structure, land or parking area except in accordance with an approval of such development by the Planning Board pursuant to the design standards as outlined in Article VI Design Standards), unless exempted in accordance with § 244-28D (Site plan exemptions).
B.
Except as specifically modified herein, the Residential
Site Improvement Standards (RSIS) adopted by the State of New Jersey
under N.J.A.C. 5:21-1 et seq. are hereby adopted as the site improvement
standards for residential and nonresidential development in the City.
C.
Deviations from the performance and design standards of Article VI which are not the subject matter of the New Jersey Residential Site Improvement Standards (RSIS) shall be considered as exceptions within the meaning of N.J.S.A. 40:55D-51.
D.
All improvements shall be installed in required locations
to enable future connections with approved systems or contemplated
systems and shall be adequate to handle all present and probable future
development.
A.
Air quality. No use governed by federal or state air
quality regulations shall emit into the air heat, odor, vibrations,
noise or any other pollutant which exceeds the most stringent requirements
of the applicable federal or state regulations.
B.
Emissions. In all districts, no use, activity, operation
or device shall be established, modified, constructed or used without
having first obtained valid permits and certificates from the Bureau
of Air Pollution Control, NJDEP pursuant to N.J.A.C. 7:27-8. Specifically,
no use, activity, operation or device shall be established, modified
or constructed without a valid "permit to construct." No use, activity,
operation or device shall be operated, occupied or used without a
valid "certificate to operate control apparatus or equipment." Proof
of compliance with this requirement shall be the submission of duplicate
copies of the permit to construct and certificate to operate.
(1)
Toxic matter. Emissions of chemicals, gases, components
or elements listed as being toxic matter by the American Conference
of Governmental Hygienists, New Jersey Department of Labor or the
United States Environmental Protection Agency shall not exceed the
threshold level. Proof of compliance shall require the submission
of copies of certificates or permits from the New Jersey Department
of Environmental Protection approving the concentrations, level or
loading proposed by the applicant.
C.
Drainage. No stormwater or natural drainage which
originates on the property or water generated by the activity (e.g.,
air conditioners, swimming pools, etc.) shall be diverted across property
lines unless transported in an approved or existing drainage system.
D.
Electronic equipment. All electric or electronic devices
are subject to the provisions of federal and state laws and regulations,
including 42 U.S.C. 263b, et seq., "An Act for the Protection of Public
Health and Safety from the Dangers of Electronic Product Radiation,"
and the applicable regulations and guidelines promulgated by the Secretary
of the Department of Health and Human Services. Electronic products
shall be so limited and controlled so that no measurable energy can
be recorded at any point beyond the property lines. The applicant,
upon request, shall produce certified data wherein measurements made
in accordance with the procedures and standards established by the
United States Department of Health and Human Services adequately demonstrate
compliance with the minimum standards required by law. All other forms
of electromagnetic radiation lying between 100 KHz and 10 GHz shall
be restricted to the technical limits established in the Federal Communication
Commission's Rules and Regulations. Additionally, electric or electronic
equipment shall be shielded so there is no interference with any radio
or television reception at the lot line (or beyond the operator's
dwelling unit in the case of multifamily dwellings) as the result
of the operation of the equipment.
E.
Glare. No use shall produce a strong, dazzling light
or reflection of a strong dazzling light or glare beyond its lot lines.
Exterior lighting shall be shielded, buffered and directed so that
glare, direct light or reflection will not become a nuisance to adjoining
properties, adjoining units, adjoining districts or streets.
F.
Heat. No use shall produce heat perceptible beyond
its lot lines. Further, no use shall be permitted which could cause
the temperature to rise or fall in any body of water, except that
this provision shall not apply to any sewage treatment plant which
has received approval by the State Department of Environmental Protection.
G.
Noise. Noise levels shall be designated and operated
in accordance with local regulations and those rules established by
the New Jersey Department of Environmental Protection as they may
be adopted and amended.
(1)
Noise level restrictions. Noises shall not exceed
55 dba in residential districts and 65 dba in all other districts
measured on or beyond the neighboring use, lot line or district boundaries.
(2)
Noises such as alarms, sirens, emergency warning devices,
motor vehicles, clock bells or church bells are excluded from the
above limitations.
H.
Odor. Odors shall not be discernible at the lot line
or beyond.
I.
Ventilation. No use shall obstruct the natural ventilation
of adjacent uses nor contaminate the air with excessive heat or odor.
Further, no air conditioners or exhaust fans shall be permitted to
discharge exhausted air unless set hack from all property lines at
least 10 feet or equipped with baffles to deflect the discharged air
away from the adjacent use. Air conditioners and vents on rooftops
shall be screened from view.
J.
Vibration. Vibration levels shall not exceed a particle
velocity of 0.05 inches per second in any district. During the hours
of 9:00 p.m. to 7:00 a.m., said velocity shall not exceed 0.02 inches
per second in residential districts.
K.
Visibility. At the intersection of roadways or at
any point of entry onto a public roadway, no structure or planting
which obscures vision above a height of 2 1/2 feet above grade
shall be permitted within a clear sight triangle.
L.
Storage. All outdoor storage facilities for fuel, raw materials and products stored outdoors shall be enclosed by an approved safety fence and suitable landscaping to screen such areas from public view and must comply with § 244-61 (Landscaping and buffering).
M.
Waste. No materials, wastes or other substances shall
be stored or maintained upon a lot in such a manner that natural runoff
from such areas on a site with an approved stormwater drainage plan
can impair the existing water quality of a stream, watercourse or
aquifer more than the primary use intended for the lot.
B.
Lots.
(2)
Insofar as is practical, side lot lines shall be at
right angles to straight streets and radial to curved streets.
(3)
Each lot shall abut a street. Where extra width has
been, or will be, dedicated for widening of existing streets, yard
requirements shall be measured from the dedicated right-of-way.
(4)
Where there is a question as to the suitability of
a lot or lots for their intended use due to factors such as soil conditions,
rock formations, flood conditions or similar circumstances, the approving
authority may, after adequate investigation, withhold approval of
such lots or require remedial action before approval.
C.
Monumentation. Concrete monuments and property corner
markers are to be placed in accordance with the New Jersey Map Filing
Law (N.J.S.A. 46:23-9.9 et seq.).
A.
Grading specifications.
(1)
Improved surfaces, including driveways, shall have
a minimum grade of 1% and a maximum grade of 10% and be so constructed
as to divert stormwater runoff away from any structure serviced by
the improved surface. Pedestrian walks shall have a minimum grade
of 2%. Road and parking lot grades along curblines and in concrete
swales may be reduced to 0.5%.
(2)
The grade away from foundation wall shall fall a minimum
of six inches within the first 10 feet, except where restricted by
lot lines, where the fall shall be a minimum of six inches regardless
of the horizontal distance available.
(3)
Minimum lawn grades shall be not less than 2%.
(4)
Permanent benchmarks shall be set for all major subdivisions
and for site plans exceeding two acres in size. Concrete monuments
or other similar permanent structure shall be used.
(5)
Minimum swale grades shall be not less than 2%. Embankment
grades shall not exceed a 3:1 slope.
(6)
Embankments in residential developments greater than
three feet in height shall not exceed a 5:1 slope.
(7)
Existing grades shall not be changed within five feet
of the boundary with an adjacent property.
(8)
Where drainage swales are located on residential lots,
they shall be placed as close to the property lines as practical.
Easements are to be provided where swales receive runoff from more
than the adjacent properties.
(9)
Fencing in drainage-swale easements shall maintain
a three-inch clearance between the bottom of the fence and the ground.
(10)
Residential lawns shall provide an area behind
the house with a maximum grade of 5% for the lesser of 25 feet or
the depth of the required front yard. The remainder of the lot shall
not have grades exceeding 10%, except where embankments are necessary
to preserve existing wooded areas.
(11)
Retaining walls greater than three feet in height,
or walls supporting vehicle loads, shall only be allowed when the
design has been approved by the reviewing agency engineer. Where walls
cross property lines, a maintenance easement/agreement shall be established
between the various properties. Any fencing installed to mitigate
a falling hazard shall be constructed with concrete footings.
B.
Grading plan required.
(1)
A grading plan, prepared and sealed by a licensed
professional engineer, shall be submitted for all proposed development
requiring site plan and/or subdivision review; further providing said
plan shall also be required in conjunction with residential infill
construction on established lots and for the installation of pools,
accessory structures or other improvements thereon resulting in a
disturbance of greater than 750 square feet.
(2)
Prior to the issuance of a construction permit for
the type of development as set forth above, a grading plan is first
to be approved by the Planning Board Engineer or the City Engineer,
as the case may be.
(3)
Prior to the issuance of a certificate of occupancy, a record final grading plan, satisfying the requirements of § 244-54 and demonstrating conformance with the originally approved grading plan, is first to be approved by the Planning Board Engineer or City Engineer, as the case may be.
(4)
Absent unusual conditions, site plans resulting in
no increase in impervious surface coverage or change to existing drainage
patterns shall be exempt from submission of grading plans as required
by this section.
(5)
The grading plan shall be of sufficient detail to
demonstrate positive stormwater runoff without adverse impact to surrounding
property. The plan shall provide, at a minimum, the following details:
(a)
Existing and proposed grades. For major subdivisions
and major site plans, grades shall be based on the 1929 NGVD Datum.
(b)
Contours should extend a sufficient distance
beyond property lines or the site of the work to demonstrate runoff
patterns and the relation to adjacent topographical features.
(c)
Contours are to be clearly shown and labeled
and shall be at one- or two-foot intervals, as appropriate. The scale
of the drawing shall not be less than one inch to 50 feet.
(d)
Property lines and dimensions.
(e)
Location, dimensions, setbacks and first floor
elevations of principal and accessory structures on site and adjacent
to the site.
(f)
Existing and proposed drainage facilities.
(g)
Existing and proposed spot elevations at all
property corners, building corners, adjoining roadways and intermediate
elevations and/or off-site spot elevations as may be necessary to
determine the proposed drainage pattern.
(h)
Adequate provisions to minimize erosion during
construction.
A.
Water supply.
(1)
All water distribution systems shall be designed and
installed in accordance with the current rules, regulations and requirements
of the City of Bordentown Water Utility, the New Jersey Department
of Environmental Protection (NJDEP) and, for residential development,
the New Jersey Residential Site Improvement Standards (RSIS) as set
forth under N.J.A.C. 5:21-5. The system is to be designed to ensure
the provision of adequate pressure and volume of water necessary to
provide for the maximum daily demand, plus fire suppression, as determined
by the City of Bordentown Water Utility.
(2)
Hydrant locations are to comply with RSIS standards
and with the requirement of the fire official having jurisdiction.
Valves are to be located so that no more than one hydrant is affected
by shutting off any one section and that no more than three valves
are necessary to shut off any one section.
B.
Sanitary sewer system.
(1)
Sanitary sewer systems shall be designed and installed
in accordance with NJDEP regulations, Bordentown Sewage Authority
standards and regulations, and the New Jersey Residential Site Improvement
Standards (RSIS) as set forth under 5:21-6.
(2)
Documentation that service can be provided shall be
obtained from the Bordentown Sewage Authority and submitted to the
Planning Board.
C.
Underground wiring. All electric, telephone, television
and other communication service facilities, both main and service
lines, shall be installed below grade as set forth under Subsection
5:21-4.12 of the New Jersey Residential Site Improvement Standards,
the specifications of which are extended to nonresidential development.
A.
Except as supplemented below, stormwater collection
and management shall be designed in accordance with the standards
set forth in the New Jersey Residential Site Improvements Standards
(RSIS) N.J.A.C 5:21-7 et seq., for both residential and nonresidential
development. Any requests for "de mininius exceptions" or waivers
from RSIS requirements shall be placed in writing.
B.
Runoff standards.
(1)
For runoff computation purposes, in the postdevelopment
condition all nonresidential lawn areas, including open space areas,
commercial developments, etc., are to be assumed to have grass cover
in fair condition (grass cover 50% to 75%), unless otherwise approved.
(2)
Computations for proposed conditions shall not assume
a wood or brush condition, unless portions of the property are deed
restricted to remain in a natural condition.
(3)
Calculations should be provided showing the derivation
of runoff coefficients or curve numbers, time of concentrations, flows
to each inlet and flows through the conveyance system.
(4)
Where excessive gutter flows are expected, calculations
should demonstrate that the spread of flow will not exceed six feet
for the ten-year design storm.
(5)
No land in the City shall be developed so that:
(a)
The drainage of adjacent areas is adversely
affected.
(b)
Soil erosion during and after development is
increased over what naturally occurs there.
(c)
The natural drainage pattern of the area is
significantly altered.
(d)
Soil absorption and groundwater recharge capacity
of the area is decreased below what occurs under existing conditions.
(e)
Wetland areas located within the subject property
and in immediately adjacent properties are deprived of their water
supply provided by surface runoff.
C.
Pipelines.
(1)
Class III reinforced concrete pipe may be used, provided
that a minimum of two feet of cover is maintained. Otherwise, Class
IV or Class V reinforced concrete pipe shall be used.
(2)
Corrugated metal pipe is prohibited.
(3)
Corrugated polyethylene pipe (and other similar material)
is prohibited in the roadway right-of-way for nonresidential developments
and discouraged in residential developments. Said piping is acceptable
in off-road areas.
(4)
The "normal" manning roughness coefficient established
under N.J.A.C. 5:21-7 shall be used for design.
(5)
Pipelines shall be no closer than 10 feet to existing
or proposed trees and shall be shown on landscaping plan.
(6)
Crowns shall be matched across structures.
D.
Inlets, manholes and cutlets.
(1)
Drainage structures shall be in accordance with N.J.A.C.
5:21-7.
(2)
Manhole frames and covers are to provide for a thirty-inch
clear-opening at the cover in order to allow easier access under confined
space entry requirements. Campbell Foundry pattern number 1012B or
approved equal shall be used.
(3)
Bicycle-safe frame and grates shall conform with Campbell
Foundry pattern numbers 1218, 3405 or 3424, or approved equal.
(4)
The grate shall be set two inches below the normal
gutter grade, except along collector or higher order streets with
no parking. The surface of the paving adjacent to the inlets shall
be constructed to blend into the lowered gutter grade at the inlet
in such a manner that a sudden dropoff or dip at the inlet will not
be created.
(5)
Curb inlets shall not be placed on the radius section
of the curb.
(6)
Inlets shall be installed at all intersections so
as to minimize gutter flows across the intersection. Storm drains
crossing a corner shall not encroach on adjacent property.
(7)
Concrete headwalls or flared end sections shall be
provided at all pipe discharges and shall be equipped with toe walls
to prevent undercutting of the structure, unless otherwise approved.
(8)
The minimum "median stone diameter d5O" for riprap
aprons, scour holes and channels shall be six inches, unless otherwise
approved.
(9)
Scour holes shall not be used near residential developments.
E.
Grass swales.
(1)
Grassed swales shall have a minimum 2% grade.
(2)
Maximum velocities in grass swales shall not exceed
the erosive velocity for the soils present at the site.
(3)
Swales in residential developments shall be located
as close as practical to the property lines.
(4)
An easement shall be provided for a swale conveying
drainage from more than the immediately adjacent lots.
F.
Sump pumps.
(1)
Sump pumps in developments shall be connected to a
common header pipe located behind the curbline to carry water by gravity
from below all basement floors to storm drains or as approved by the
City or Planning Board Engineer, as the case may be. A sump pump may
only be used to supplement the underdrain system around the structure.
No sump pumps shall be connected to a sanitary sewer system.
(2)
The header pipe shall be at least six inches in diameter.
The size shall be increased no less than 10% in cross-section areas
for each 1,000 feet of longitudinal drain.
(3)
Cleanouts shall be provided at all changes in line
or grade; however, the distance between cleanouts shall not exceed
450 feet. In no case shall cleanouts be permitted in sanitary manholes.
Cleanouts are to be located under an approved cover or vault. One
cleanout with a screw-type cap shall also be provided in each basement
floor in line with the pipe connecting the perimeter house underdrain
to the underdrain in the street.
(4)
The system shall be separated no less than five feet
vertically and two feet laterally from the sanitary sewer.
(5)
The system may be constructed of PVC, HDPE or DIP
material.
(6)
The applicant may seek waiver of this requirement
based on the nature of the development, size and location of lots
or the relationship of the basement floor to the estimated seasonal
high groundwater table. In the latter instance, sufficient soil tests
shall be made to verify the estimated seasonal high groundwater table.
G.
Underdrains.
(1)
Where warranted to dewater the subgrade of roadways,
basins or other facilities, underdrains are to be installed and connected
to au approved drainage structure.
(2)
Underdrains shall consist of perforated pipe installed
in a stone envelope. A filter fabric compatible with the soil condition
shall be installed.
(3)
The end of an underdrain system shall be equipped
with a cleanout. A separate cover or vault shall house the cleanout.
Said cover or vault shall be designed to prevent traffic loads from
impacting the riser pipe.
H.
Stormwater management systems (general).
(1)
Detention basins are preferred over retention (infiltration)
basins or ponds. If the latter are proposed, justification shall be
provided.
(3)
Multiple basins within a development are discouraged
and shall be justified based on physical constraints.
(4)
Basins near residential uses or that are readily visible
to the public shall be aesthetically designed. Side slopes of 4:1
or flatter shall be provided where practical.
(5)
Basin side slopes of 10:1 or flatter may be located
within an open space area intended to be dedicated to public use,
provided the system is designed for this area to be dry within 24
hours after a rain event.
(6)
In order to aid in the evaluation of unforeseen changes
in the contributing drainage shed, the plans shall include a tabulation
of basin design parameters which shall provide runoff coefficients;
impervious coverage; drainage shed areas; influent and effluent flow
rates, water levels and storage volumes for the critical storm events;
and any other pertinent information that may impact future design.
(7)
Adequate dimensions and grade information for the
basins shall be provided to allow for proper construction.
(8)
A seed mixture appropriate for the wet conditions,
soil types and maintenance schedule should be specified.
(9)
A maintenance schedule shall be provided for all systems.
(10)
Privately maintained basins will not be maintained
by the City; however, an easement shall be provided to allow the City
to enter, inspect and maintain the basins in an emergency situation,
with the costs being charged to the owner.
(11)
All basins, regardless of ownership, shall 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. This may be waived when adjacent to a public
roadway.
(12)
Soil borings driven at least four feet below
the basin bottom are to be provided with the application for approval.
At least two borings shall be provided, plus one additional boring
for each 20,000 square feet of surface area above the first 20,000
square feet.
I.
Detention basins.
(1)
The bottom of all detention basins shall be graded
at a minimum two-percent slope, unless underdrains or a low flow channel
is provided.
(2)
Reinforced concrete low flow channels shall have grades
of 1% or greater. Channel material shall provide a hard and stable
surface for maintenance equipment but shall allow infiltration and
vegetative growth through the channel in order to enhance the water
quality aspect of the basin.
(3)
A two-foot separation should be provided between the
basin bottom and the estimated seasonal high groundwater table.
(4)
Low, suitable fencing and landscaping shall be provided
between the basin and residential lots.
(5)
A low flow channel shall also be provided when part
of the contributing piping system intercepts groundwater.
(6)
For commercial developments, a gas/oil separator shall
be provided prior to discharge of stormwater into the detention basin.
J.
Retention (infiltration) system.
(1)
Calculations demonstrating that the basin will dewater
within 18 hours after the end of the rainfall event shall be provided.
(2)
Infiltration rates shall be based on either field
percolation tests or laboratory permeability tests performed on undisturbed
soil samples.
(3)
A three-foot separation should be provided between
the basin bottom and the estimated seasonal high groundwater table.
(4)
Split rail fencing with wire mesh shall be provided
for the full perimeter.
(5)
The maintenance schedule shall require scarifying
and reseeding of the soils on a regular basis (not to exceed five
years) or when infiltration rates decrease such that the system retains
water for 48 hours.
(6)
Retention basin bottoms shall be kept clean of leaves
at all times.
(7)
Postconstruction percolation or permeability test
will be required at retention basins to verify that the design infiltration
rates have been obtained.
(8)
At no time after final basin grading and permanent
stabilization should any equipment be allowed to operate within retention
basins which could smear or compact the soils leading to a reduction
in the percolation rate. This includes mowing and the annual removal
of accumulated silt. This does not pertain to the reestablishment
of the basin bottom every five years.
K.
Underground systems.
(1)
Underground infiltration systems shall only be permitted
where the City or Planning Board Engineer, as the case may be, determines
the use of aboveground stormwater management systems is impracticable.
(2)
A means to identify if the system is functioning properly
shall be included in the design.
(3)
Means to access the system for inspection and cleaning
shall be provided.
(4)
Calculations demonstrating that the system will dewater
within 18 hours after the end of the rainfall event shall be provided.
(5)
Infiltration rates shall be based on either field
percolation tests or laboratory permeability tests performed on undisturbed
soil samples.
(6)
A three-foot separation should be provided between
the basin bottom and the estimated seasonal high groundwater table.
L.
Lakes, ponds and retention basins.
(1)
Wet ponds, lakes, etc., used for stormwater management
shall have a normal water depth of at least six feet in order to minimize
the frequency of eutrophication.
(2)
Split rail fencing with wire mesh shall be provided
for the full perimeter unless the slope of the embankment and underwater
safety ledges obviate the need for such fencing.
(3)
A program to monitor the condition of the system shall
be developed.
(4)
Sediment calculations/modeling should be performed
to estimate rate of siltation in order to establish a long-range maintenance
program.
(5)
A maintenance fund should be established for the homeowners'
association based on estimated cost of the maintenance and monitoring
program.
(6)
If the system currently exists, laboratory tests should
be performed to establish base conditions.
(7)
Water depths should be established for use by emergency
personnel and to allow monitoring of sedimentation of the lake.
M.
Outlet structures.
(1)
Trash racks are to be provided for orifices less than
12 inches in diameter in systems maintained by the public or by a
homeowners' association. Screens may be required for larger openings
if deemed necessary for public safety.
(2)
Trash racks and screens shall consist of noncorrosive
material with stainless steel hardware. The bottom of the racks shall
be fastened to a concrete slab, and hinges shall be provided for cleaning
purposes. The bars shall be vertical to allow for raking of debris
from the top of the structure.
(3)
All exposed concrete shall have a rubbed or brushed
finish.
(4)
All outlet structures readily visible to the public
shall have wing walls and shall be located within the embankment area,
unless otherwise approved by the engineer.
(5)
There shall be a minimum 0.1 foot fall across the
structure from the invert of the lowest inlet to the invert of the
outlet.
(6)
Outlet structures are to discharge to public systems
or through easements on privately held land.
N.
Emergency spillways.
(1)
Emergency spillways shall not direct water toward
private property.
(2)
Grassed spillways are to be used when practical.
(3)
The outlet structure may perform the function of an
emergency spillway, provided that the top grate, discharge pipe and
receiving system can pass the full one-hundred-year storm event while
meeting the criteria of N.J.A.C. 5:21-7.
(4)
A reduction in the required freeboard may be considered
for small basins servicing drainage areas less than 10 acres.
O.
Water quality.
(1)
The applicant shall demonstrate compliance with New
Jersey Department of Environmental Protection water quality standards.
(2)
The standards of the New Jersey Department of Environmental
Protection Stormwater and Non-Point Source Pollution Control, Best
Management Practice Manual shall be incorporated into the design.
P.
Stormwater reports.
(1)
All reports are to be signed and sealed by a professional
engineer.
(2)
The reports are to contain a table of contents, a
narrative, a summary of the findings and the calculations supporting
the findings. The pages of the report shall be consecutively numbered.
All calculations arc to be appropriately labeled. Calculations are
to be thorough and shall show the derivation of the various design
components.
(3)
Drainage area maps and soil maps are to be provided.
(4)
Pipe routing calculations are to be presented in a
tabular format.
A.
The arrangement of any new streets shall be such as
to provide for the appropriate extension of existing streets shown
on the Official Map or Circulation Element of the Master Plan.
B.
Each residential street shall be classified and designed
in accordance with the standards set forth in the New Jersey Residential
Site Improvement Standards (RSIS) N.J.A.C. 5:21-4 et seq.
C.
Nonresidential streets proposed within the HC (Highway
Commercial) and CI (Commercial Industrial) Zones shall be designed
so as to provide for the following: a minimum right-of-way of 60 feet,
a minimum cartway width of 36 feet, with curbing provided on each
side. No parking lanes are to be provided. Pavement specifications
for said roadways include: a two-inch bituminous surface course, Mix
I-5, a five-inch bituminous stabilized base course, Mix I-2, over
a six-inch dense graded aggregate subbase.
D.
At the option of the applicant, the pavement thickness
may be determined by the certified results of soil testing and analysis
conducted by the applicant to determine the bearing strength of the
subgrade soil, together with the projected use of the street or highway
with an adequate margin to cover all contingencies and extraordinary
conditions. Where such tests are conducted, the pavement design shall
be reviewed and approved by the Planning Board Engineer or City Engineer,
as the case may be. The calculations should assume a twenty-year life
for the pavement and account for construction traffic during the period
when no surface course has been provided.
E.
Development that adjoins or includes existing streets
that do not conform to width as shown on the Official Map or the right-of-way
or cartway widths required herein shall have additional width dedicated
along either one or both sides of said road. If the development is
along one side only, 1/2 of the required extra width shall be dedicated.
F.
No street shall have a name which will duplicate or
so nearly duplicate as to be confused with the names of existing streets.
The continuation of an existing street shall have the same name.
G.
Vertical curves and sight distances shall be based
on an estimated design speed of the roadway where it is likely the
speeds will frequently exceed the posted limit.
H.
Dedicated sight triangles shall be provided at all
intersections. The apex shall be set a minimum of 20 feet behind the
curb or edge of pavement of the uncontrolled street. The length shall
be based on NJDOT Figure 6-B (dated November 18, 1994) standards as
follows:
|
Design Speed
(mph)
|
Length
(feet)
|
|---|---|
|
30
|
380
|
|
35
|
480
|
|
40
|
580
|
|
45
|
700
|
|
50
|
840
|
|
55
|
1,000
|
I.
The area of the sight triangle shall be kept clear
of all obstruction to sight from an elevation of 30 inches above the
roadway to 10 feet above the roadway.
J.
Stabilized shoulders are required on roadways with
less than a twenty-four-foot cartway.
K.
Except where otherwise required by the New Jersey
Residential Site Improvement Standards in N.J.A.C 5:21-4, concrete
sidewalks and curbs shall be installed on both sides of all streets.
L.
Curbing shall conform to the RSIS requirements. Curbing
shall also be installed whenever the separation from the edge of roadway
to sidewalk is less than six feet.
M.
Sidewalk standards.
N.
Curb and sidewalk; contribution in lieu of construction.
(1)
If a waiver is granted from the requirement to install
curbs and/or sidewalks by the Planning Board or by the City Engineer,
as the case may be, the applicant shall pay an amount (on a per-linear-foot
basis) equal to the costs of installing the required sidewalks and/or
curbs to the Sidewalk/Curb Trust Fund.
(2)
The amount of the contribution shall be calculated
by the Planning Board Engineer or City Engineer as the case may be.
(3)
Funds shall be utilized for the installation of sidewalks
in such locations as deemed most beneficial to the residents of Bordentown
City by the Board of Commissioners.
(4)
The payment in lieu of the construction of sidewalks
and/or curbs shall be paid at final approval.
O.
Alleyways. Alleyways shall have a minimum width of
10 feet, a minimum illumination level of 0.5 footcandles and satisfy
all public safety concerns as may be identified by the City of Bordentown
Police Department.
A.
General provisions.
(1)
Performance. All sites within the City which are subject
to the provisions of the Code of Bordentown City shall provide adequate
parking improvements, including but not limited to accessways, driveways,
drive aisles, loading areas, parking bays and pedestrian walkways
to ensure the safe and efficient circulation of vehicles and pedestrians
both on and off site.
(2)
Parking location. All required off-street parking
and loading facilities shall be located on the same lot or premises
as the use served. No parking facility shall be permitted as a primary
use on a lot.
(3)
Fire lane provision. The provisions of N.J.S.A. 39:5A-1
et seq. shall apply.
(4)
Parking for the disabled. The provisions of N.J.A.C.
17:19A-4.4 and the Americans with Disabilities Act shall apply to
all parking areas.
(5)
Combined parking requirements. Where a permitted use
of land contains more than one parking use category, the parking requirement
shall be the sum of the individual uses computed separately in accordance
with this article. The reviewing board may permit the use of shared
parking areas by individual users up to a maximum of 20% of the total
parking requirement for land uses of complementary peak parking need.
B.
Parking schedule.
(1)
Varying from the requirements of this parking schedule
shall require the grant of a variance as provided for under 40:55D-70c
of the Municipal Land Use Law (MLUL).
(2)
The following parking schedule shall be used to calculate
the required number of off-street parking spaces per use. Unless otherwise
noted, the calculations shall be based upon the gross square footage
of the floor area of the use. Where the calculation results in a fraction
of a space, the required number of parking spaces shall be rounded
up to the nearest whole number.
|
Uses
|
Number of Required Spaces
|
|---|---|
|
Commercial uses
| |
|
All retail and service establishments except
those specified below
|
1 per 250 square feet of retail and service
floor area, plus 1 per employee
|
|
Furniture stores, contractor's equipment, farm
equipment and feed sales, boat and marine, mobile home, motor vehicle,
and monument, burial vault and casket sales
|
1 per 400 square feet of enclosed retail and
service floor area, plus 1 per 3,000 square feet of outside sales
area, plus 1 per employee
|
|
Motor vehicle filling station
|
1 per fuel pump, plus 1 per employee, plus stacking
area for a minimum of 6 per island
|
|
Motor vehicle service station
|
4 per service bay or lift, plus 1 per employee
|
|
Barbers and beauticians
|
2 per chair, plus 1 employee
|
|
Car wash
|
10 per washing lane entering and 4 exiting for
stacking, plus 1 per employee
|
|
Mortuary
|
1 per 4 seats, plus 1 per vehicle maintained
on the premises, plus 1 per employee
|
|
Bowling alleys, billiard parlors, table tennis,
pinball machines, or similar amusement enterprises
|
4 per alley or table, 1 per machine, plus 1
per employee
|
|
Arena, stadiums, auditoriums, theaters, roller
rinks, ice rinks, and dance halls
|
1 per seat with fixed seats, otherwise 1 per
4 persons based on maximum design capacity
|
|
Business, professional, and financial offices
|
1 per 200 square feet of floor area
|
|
Medical and dental offices, clinics
|
5 per physician
|
|
Eating and drinking establishments
|
1 per 4 persons, based on maximum design capacity
|
|
Hotels, motels, and tourist homes
|
1 per room, plus 1 per 4 persons for restaurants
and meeting rooms, based on maximum design capacity, plus 1 per employee
|
|
Industrial uses
| |
|
All industrial uses except those specified below
|
1 per employee, plus 10% or 3.3 per 1,000 square
feet of gross floor area, whichever is greater
|
|
Auto wrecking, junk and scrap establishments
|
1 per employee, plus 1 per 400 square feet of
enclosed retail and service floor area, plus 1 per 3,000 square feet
of outside sales area
|
|
Freight and trucking terminals, moving and storage,
parcel delivery and express transfer stations, wholesale distribution
and warehouses
|
1 per employee, plus 1 per vehicle maintained
on the premises
|
|
Public and quasi-public uses
| |
|
Ambulance, taxi, and limousine service
|
1 per vehicle maintained on the premises
|
|
Bus passenger station
|
1 per employee, plus 1 per 100 square feet of
waiting room
|
|
Child day-care center
|
1 per employee, plus 1 per 5 children
|
|
Churches and other places of worship
|
1 per 4 seats, based on maximum capacity of
the nave
|
|
Clubs, lodges, fraternal organizations, community
centers
|
1 per 3 persons, based on maximum capacity
|
|
Commercial cemeteries
|
25 plus, 1 per employee
|
|
Hospitals, nursing homes, convalescent centers
|
1 for each 2 beds, plus 1 per doctor, plus 1
for each 2 employees
|
|
Public libraries, museums, art galleries
|
1 per 800 square feet
|
|
Schools
| |
|
Elementary, nursery, kindergarten
|
1 per employee, plus 10%
|
|
Secondary
|
10 per classroom, but not less than 2 per employee
|
|
Institutions of higher education
|
1 per 200 square feet
|
|
Residential
|
As per RSIS Table 4.4
|
C.
Design standards. The following regulations shall
apply to all nonresidential off-street parking areas, unless the Planning
Board, after considering testimony and evidence submitted or presented
by the applicant, waives strict compliance therefrom.
(1)
Parking space dimensions. The following minimum dimensions
for parking spaces shall apply:
(a)
Commercial, office, industrial and government
uses: 10 feet wide by 18 feet deep with a clear two-feet overhang.
(b)
Parallel spaces for any use: nine feet by 22
feet wide.
|
Parking Angle
(degrees)
|
One-Way Aisle Width
(feet)
|
Two-Row/ Two-Way Aisle Width
(feet)
|
|---|---|---|
|
0 (parallel)
|
12
|
18
|
|
45
|
15
|
20
|
|
60
|
18
|
20
|
|
75
|
20
|
22
|
|
90
|
22
|
24
|
(2)
Ingress and egress to parking areas. Access to parking
areas from public streets shall be limited to one per street frontage
up to a maximum of two per site, with the following exceptions:
(a)
Two entrance drives on one public street shall
be permitted for lots or premises with frontage in excess of 300 feet,
up to a maximum of three per site.
(b)
Gasoline service stations shall be permitted
two entrance drives on one public street, up to a maximum of three
per site, provided that the center lines of the two entrance drives
on one street frontage are not less than 60 feet apart.
(3)
Internal collector. An internal collector drive shall
be provided for all parking areas in excess of 250 spaces. No parking
space shall have direct ingress and egress to an internal collector
drive. The intersection of any internal collector drive and drive
aisle shall be at 90°, unless, because of unusual topography or
lot geometry, a right angle would impede the efficient circulation
of vehicles, but in no case shall the intersection be less than 60°.
(4)
Entrance drives. Off-street parking areas shall be
designed to eliminate the maneuvering of vehicles within entrance
drives. The length of entrance drive free of maneuvering shall conform
to the following schedule (measured from the right-of-way line):
|
Total Number of Parking Spaces
|
Length of Maneuver Free Driveway
(feet)
|
|---|---|
|
Less than 39
|
20
|
|
40 to 99
|
40
|
|
100 to 250
|
60
|
|
Greater than 250
|
60, plus 20 feet for each additional 500 parking
spaces or part thereof
|
(5)
Entrance drive intersections. The intersection of
any entrance drive and a public street shall be located as to permit
the safe how of vehicles to and from the lot or premises in a manner
safe and shall conform to the following minimum distances:
|
Intersection
|
Minimum Distance
(feet)
|
|---|---|
|
Entrance drive to entrance drives, less than
150 feet frontage (measured from center lines)
|
60
|
|
Entrance drive to entrance drive, greater than
150 feet frontage (measured from center lines)
|
100
|
|
Entrance drive to intersecting right-of-way,
less than 150 feet frontage (measured from center line to rights-of-way)
|
35
|
|
Entrance drive to intersecting rights-of-way,
greater than 150 frontage (measured from center line to rights-of-way)
|
75
|
(6)
Pavement.
(a)
All parking areas (except single-family detached
and two-family residential) are to be paved with either an asphalt
or concrete surface. Materials shall meet the standards of New Jersey
Department of Transportation Standard Specifications for Road and
Bridge Design.
(b)
Soils information is to be provided to determine
if there are any unusual subgrade conditions that would warrant an
other than standard design.
(c)
Parking areas to be used exclusively for automobile
traffic, except for infrequent small-truck deliveries, shall be constructed
of one-and-one-half-inch bituminous concrete surface course, Mix I-5,
three-inch bituminous stabilized base course, Mix I-2, and four inches
of dense graded aggregate.
(d)
Parking areas subject to heavy loadings from
trucks or other heavy vehicles shall be constructed of a one-and-one-half-inch
bituminous surface course, Mix I-5, five-and-zero-tenths inch bituminous
stabilized base course, Mix I-2, and six inches of dense graded aggregate.
(e)
Loading areas for trucks shall be constructed
of either the truck pavement standard mentioned above or of a six-inch
thick pad of Class B, portland cement concrete reinforced with No.
5 bars at 12 inches on center each way.
(f)
Alternate pavement designs may be approved by
the City Engineer.
(7)
Landscaping, loading areas. All loading areas shall be landscaped and screened sufficiently to obscure the view of the loading platform or other loading facility from any public street, residential use or zone and the front yards of adjacent commercial or industrial use. Such screening may consist of fencing or walls and shall be in conformance with the landscaping requirements of § 244-61.
(9)
Lighting, parking areas. All parking and loading facilities shall be lighted in accordance with the lighting provisions in § 244-60.
(10)
Loading area requirements. Every commercial
and industrial use, or combination thereof, containing at least 5,000
gross square feet of floor area shall provide and permanently maintain
adequate space for the standing, loading and unloading of material
or merchandise. The loading area shall be so designated on the site
plan and shall not be used or any other purpose. The minimum dimensions
of the loading area shall not be less than 12 feet wide by 35 feet
deep with a height clearance of 14 feet. One such loading area shall
be required for each 20,000 gross square feet of floor area or part
thereof. No off-street loading and maneuvering areas will be located
in any front yard or require any part of a street. No loading area
shall be located in any required buffer or screen.
(11)
Trash enclosures. All parking areas shall make adequate provision for the location of trash receptacles and their enclosures and the disposal of trash generated by on-site uses in a manner that does not impede the free flow of vehicular traffic on or off site. Adequate provision shall be made for the turning movements of trash pickup vehicles. See § 244-63 for additional trash enclosure requirements.
(12)
Bicycle parking requirements. In addition to the required facilities for passenger automobiles, facilities for the secure and convenient parking of bicycles shall be provided. The number of such bicycle spaces shall not be less than 10% of the first 50 required automobile parking spaces as specified in § 244-58B(2) (Parking schedule), plus 2% of any amount thereafter. Bicycle parking facilities shall be of such a type and quantity so as to encourage and facilitate the use of a bicycle as a means of transportation by the employees, customers and residents of the land or building.
(a)
Bicycle parking design principles.
[1]
Location. Outdoor bicycle parking facilities
shall be located in convenient locations close to building entrances
or pedestrian walkways leading to building entrances.
[2]
Parking facilities. Parking facilities shall
provide for padlock, chain or cable attachment and shall allow for
both wheels and the frame of a bicycle to be secured with a standard
six-foot cable or chain. Devices such as lockers or those that support
the bicycle by its frame or handlebars shall be used rather than slotted
concrete slab or vertical bar-type racks or other devices that support
the bicycle by a wheel and could cause damage to the wheel rims.
A.
Driveways in residential developments shall be constructed
of a two-inch FABC Mix 1-5 surface course on a six-inch quarry blend
stone base or four-inch thick NJDOT class B concrete course with No.
9 reinforcement wire or equivalent on a stabilized subbase or six-inch
thick NJDOT Class B concrete on a stabilized subbase. All driveway
aprons and adjacent sidewalk areas shall be concrete.
B.
Driveways shall be of sufficient length and width
to accommodate the parking requirements of the New Jersey Residential
Site Improvement Standards.
C.
Only one driveway and curb cut shall be permitted
per single-family dwelling with said driveway being set hack at least
three feet from any side or rear property line.
D.
Shared driveways between two lots are to be used where
practical on collector and arterial roads. Cross easements shall be
provided.
E.
Parking shall not be permitted between the building
line and the street right-of-way, except within an improved driveway
parallel to a side or rear property line.
F.
On corner lots, driveways shall be installed on the
lowest order street and be no closer than 40 feet to the intersection
of the right-of-way lines.
A.
General requirements.
(1)
All exterior lights shall be designed, located, installed
and directed to prevent objectionable light and glare across property
lines and above a 90° horizontal plane.
(2)
Shielding and/or cutoff optics shall be required in
all installations.
(3)
All lighting shall be shielded to prevent glare for
drivers or pedestrians, light trespass beyond the property line and
light above the 90° horizontal plane.
(4)
Luminaires shall be provided with hoods to prevent
uplighting.
(5)
No lighting shall shine directly or reflect into windows
or onto streets and driveways in such a manner as to interfere with
driver vision.
(6)
Pedestrian-scale bollard-type lighting may be placed
along walks and at building entrances.
(7)
Underground wiring required.
(a)
All electric, telephone, television, cable,
optical and other similar utilities, both main and service lines servicing
new developments, shall be provided by underground wiring within easements
or dedicated public rights-of-way, installed in accordance with the
prevailing standards and practices of the utility or other companies
providing such services.
(b)
Lots that abut existing easements or public
rights-of-way, where overhead electric or telephone distribution supply
lines and service connections have heretofore been installed, may
be supplied with electric and telephone service from those overhead
lines, but the service connections from the utilities' overhead lines
shall be installed underground.
(8)
Standards for illumination.
(a)
The minimum level of lighting along any portion
of walkway not part of a parking lot shall be not less than 0.5 footcandles.
The maximum level of lighting along any portion of walkway not part
of a parking lot shall be not greater than one footcandle.
(b)
The maximum mounting height of exterior lighting
shall conform to the following schedule:
|
Building Height
(feet)
|
Maximum Fixture Mounting Height
(feet)
|
|---|---|
|
Up to 24
|
16
|
|
25 or greater
|
25
|
B.
Streetlighting.
(1)
Streetlighting shall be installed at no cost to the
municipality by a developer in locations approved by the Planning
Board or City Engineer, as the case may be. For residential subdivisions,
streetlighting shall be installed, prior to the issuance of any certificate
of occupancy, along all roadways necessary to ensure at least one
route of illuminated access for any occupied structure.
(2)
Operating expenses for residential subdivision lighting
shall be assumed by the City when 50% of the section is occupied.
(3)
Luminaire mounting height shall not exceed 25 feet
above grade.
(4)
Pole-mounted street luminaires shall be installed
on one side of the street at three-hundred-foot intervals unless the
presence of vertical and/or horizontal curves or factors relating
to specific types of development necessitate a closer interval. In
residential subdivisions, the poles shall be placed, to the greatest
extent possible, in line with shared property boundaries. Deviations
from the spacing interval shall be approved by the Planning Board
or City Engineer, as the case may be.
(5)
On residential streets, 70 watt high pressure sodium
(HPS) luminaires shall be provided with at least one 100 watt high
pressure sodium (HPS) luminaire being provided at each street intersection.
On minor collector and major collector streets, 100 watt high pressure
sodium (HPS) luminaires shall be provided along the street with 150
watt high pressure sodium (HPS) luminaires being provided at intersections.
C.
Parking area lighting.
(1)
Sufficient illumination shall be provided for all
off-street-parking, loading and pedestrian areas so as to enable the
safe movement of persons, vehicles, and provide for security.
(2)
The minimum level of lighting in any portion of a
parking lot shall be not less than 0.25 footcandles. The average horizontal
illumination level of lighting within the parking lot shall be not
less than 1/2 footcandle nor greater than two footcandles. The maximum
level of lighting in any portion of the parking lot shall be not greater
than three footcandles, except directly under light fixtures where
a maximum of five footcandles is permitted.
(3)
The minimum level of lighting at any ingress or egress
portion of a parking lot shall be not less than one footcandle.
(4)
Poles installed within parking areas shall be aluminum
with a brushed finish and shall be identical in color to poles located
along the road that abuts the parking area.
D.
Lighting in the Local Commercial (LC) Zone. Street
luminaires and poles installed within the LC Zone shall be of an ornamental
variety and be the same as substantially the same as, or compatible
with existing ornamental street luminaires and poles within one block
on either side of the parcel being improved.
A.
CALIPER
DIAMETER AT BREAST HEIGHT
DOUBLE-STACKED
TEXTURE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The diameter of a tree trunk measured in inches, six inches
above ground level for trees up to four inches in diameter and measured
12 inches above ground level for trees over four inches in diameter.
The caliper at four feet above ground level.
An arrangement of parking stalls where two rows of spaces
immediately abut each other and ingress/egress occurs on the exterior
side of each two-space pair.
The exterior finish of a surface, ranging from smooth to
coarse.
B.
Landscape plan. A landscape plan prepared by a certified landscape architect, planner, architect or engineer shall be submitted with each site plan and major subdivision application. The plan shall identify existing and proposed trees, shrubs and ground covers; existing landscaping to be removed; natural features such as rock outcroppings; and other landscaping elements. The plan shall show where they are or will be located and planting and/or construction details. Where existing plantings are to be retained, the application shall include the plan's proposed methods of protecting them during construction. The landscape plan shall also address landscape maintenance requirements. Every applicant for subdivision or site plan approval shall comply with the minimum landscape standards as outlined in § 244-61.
C.
Site protection and general planting requirements.
(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 covers, perennials and annuals and other materials
such as rocks, water, sculpture, art, walls, fences, paving materials,
lighting for aesthetics and street furniture.
(3)
Landscaping shall be planned in such a way that the
site requires as little use of potable water as possible to ensure
the survival of the plants. Water conservation is a critical purpose
of this section.
(4)
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.
(5)
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. No tree stumps or 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 be used
as mulch in landscaped areas, subject to approval by the City Engineer
or Planning Board Engineer, as the case may be.
(6)
Foundation plantings shall be required along all building
elevations.
(7)
Protection of existing plantings. Maximum effort should
be made to save fine specimens, including those trees with a diameter
at breast height of five inches or more. No material or temporary
soil deposits shall be placed within four feet of shrubs or 10 feet
of trees designated on the landscape plan to be retained. 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.
(8)
Slope plantings. Landscaping of all cuts and fills
and/or terraces shall be sufficient to prevent erosion, and all roadway
slopes steeper than one-foot vertically to three feet horizontally
shall be planted with ground cover appropriate for the purpose and
for soil conditions, water availability and environment.
(9)
Additional landscaping. In residential developments,
besides the screening and street trees required, additional plantings
or landscaping elements may be required throughout the subdivision
where necessary for climate control, privacy or other reasons in accordance
with the landscape plan approved by the Planning Board. 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 the landscape plan
approved by the Planning Board.
(10)
Planting specification. Deciduous trees shall
be at least 2 1/2 inches caliper at planting and should be balled
and burlapped. Size of evergreens should be six feet tall and shrubs
two feet tall at planting but may be allowed to vary depending on
setting and type of shrub. Only nursery-grown plant materials shall
be acceptable, and trees, shrubs and ground covers shall be planted
in conformance with American Association of Nurserymen standards.
Dead and dying plants shall be replaced by the developer during the
following planting season.
(11)
Plant species. The plant species selected should
be hardy for conditions where proposed and appropriate in terms of
function and size and be of a type requiring the least amount of watering
for survival.
(12)
Maintenance. Landscaped areas shall be maintained
and kept free of all debris, rubbish, weeds and tall grass.
(13)
No buildings, structures, storage of materials
or parking shall be permitted within any buffer area.
D.
Shade trees.
(1)
Location. Applicants shall provide shade trees on
both sides of all streets. The trees shall be planted at a minimum
of one tree per each 25 feet of frontage unless otherwise approved
by the Planning Board. In locations where healthy and mature shade
trees currently exist, the requirements for new trees may be waived
or modified. Tree location, landscape design and spacing shall be
included as part of the landscape plan approved by the Board.
(2)
Tree type. Tree type may vary depending on overall
effect desired, but as a general rule, trees on a street shall be
of more than one variety to avoid problems associated with monoculture.
No species other than those recommended by the City of Bordentown
Shade Tree Committee[1] may be planted as street trees, but said species shall
be tolerant of road salts.
[1]
Editor's Note: Ord. No. 2013-13, adopted 8-26-2013, changed
the name of the Shade Tree Committee to the “City of Bordentown
Shade Tree Committee.” References to the Committee throughout
the Code have been changed accordingly.
(3)
Planting specifications. All shade trees shall have
a caliper of at least 3 1/2 inches and be nursery grown, of substantially
uniform size and shape, and have straight trunks. Trees shall be properly
planted and staked if conditions warrant and provision made by the
applicant for regular watering and maintenance until they are established.
Dead and dying trees shall be replaced by the applicant during the
next planting season.
(4)
Trees shall be planted in groupings of similar variety.
Trees of similar form, height and character shall be used along a
roadway to promote uniformity and allow for smooth visual transition
between species.
E.
Buffering.
(1)
Function and materials. Buffering shall provide a
year-round visual and auditory screen from a development tract to
adjacent properties and vice-versa in order to minimize adverse impacts.
It may consist of existing natural vegetation or be created using
evergreens, landscaped berms, rocks or boulders, or combinations thereof,
to achieve the same objectives.
(2)
When required. Every development shall provide sufficient
buffering when topographical or other barriers do not provide reasonable
screening and when the Planning Board determines that there is a need
to shield neighboring properties from any adverse external effects
of a development or to shield the development from negative impacts
of adjacent uses such as streets or railroads. In high-density developments,
when building design and siting do not provide privacy, the Planning
Board may require landscaping, fences or walls to screen dwelling
units for privacy. Buffers shall be measured from side and rear property
lines, excluding driveways.
(3)
Amount required.
(a)
Where residential and nonresidential uses or
zones abut, a buffer strip of 25 feet shall be required. With the
written approval of the adjoining property owner and recording of
an appropriate landscape easement, satisfaction of the aforementioned
buffer requirement may be achieved by the installation of plant materials
on each adjoining property contiguous to the property line being buffered.
(b)
Garbage collection and utility areas are to
be screened around their perimeters by buffer strips a minimum of
five feet wide and comprised of evergreen trees and shrubs.
(4)
Design. Arrangements of plantings in buffers shall
provide maximum protection to adjacent properties and avoid damage
to existing plant material. Permitted arrangements include planting
in parallel, serpentine or broken rows. If planted berms are used,
the minimum side slope shall be 2:1.
(5)
Plant specifications. Plant materials shall be sufficiently
large and planted in such a fashion that a year-round screen at least
eight feet in height shall be produced within three growing seasons.
All plantings shall be installed according to American Association
of Nurserymen standards.
F.
Parking area landscaping standards.
(1)
Parking areas shall be suitably landscaped to minimize
noise, glare and other nuisance characteristics as well as to improve
the environment of the site and surrounding area. Parking areas providing
for more than 60 motor vehicle spaces shall be divided into modular
parking bays having approximately the same number of stalls and of
not greater than 60 spaces each. A single row or line of spaces within
a bay shall be not more than 10 spaces in length.
(2)
Parking lots exposed to view shall have a minimum
planted buffer of four feet in width on all perimeter areas abutting
lot lines or street rights-of-way. This buffer shall include a continuous
visual screen which is five feet in height at the time of planting
and is 50% evergreen plant material or deciduous material which is
demonstratively effective for screening purposes. The height of any
required screen, hedge or wall shall decrease where driveways approach
sidewalks or walkways in order to provide adequate visibility of pedestrians
from motor vehicles, and shall not interfere with clear sight triangle
requirements.
(3)
Interior landscaping. In all parking lots of 10 or
more spaces, at least 5% of the interior parking area shall be landscaped
and at least two trees for each 10 spaces shall be installed within
landscaped islands. Parking lots of fewer than 10 spaces may not require
interior landscaping if the Planning Board determines that there is
adequate perimeter landscaping. Planting required within the parking
lot is exclusive of other planting requirements, such as for shade
trees planted along the street.
(4)
Curbed islands with a minimum radius of three feet
shall be located at the end of each parking row and at an interval
of every 10 spaces. These islands should contain one shade tree, minimum
three inches in caliper and 14 feet to 16 feet in height, and shrubs
not exceeding 24 inches in height.
(5)
Where parking lots include parking stalls in a double-stacked
arrangement, two rows of stalls that abut each other shall include
a landscaped buffer between them along the entire length of the rows
and having a minimum width of four feet. Such a buffer shall include
one shade tree, minimum three inches in caliper and 14 feet to 16
feet height, for every 20 feet of length.
(6)
Parking lot layout shall take into consideration pedestrian
circulation. Pedestrian crosswalks shall be provided where necessary
and appropriate, shall be distinguished by textured paving and shall
be integrated into the wider network of pedestrian walkways. Pavement
textures shall be required on pedestrian accessways.
(7)
Location. Parking area landscaping should be located
in protected areas such as along walkways, in center islands, at the
ends of bays or between parking stalls arid must be protected by a
curb or similar abutment. All landscaping in parking areas and on
the street frontage shall be placed so that it will not obstruct sight
distance.
(8)
Plant type shall be a mixture of hardy flowering and/or
decorative evergreen and deciduous trees. The evergreens should be
used along the perimeter of the lot for screening and the deciduous
trees for shade within the lot. The area between trees shall be mulched,
planted with shrubs or ground cover or covered with paving material.
Any area that will be under the overhang of vehicles shall be mulched
or covered with paving material.
G.
Stormwater detention area landscaping. The following
landscape reforestation standards shall be used:
(1)
This landscape treatment is appropriate for detention
basins and areas that are not highly visible or are adjacent to areas
of woodlands or wetlands.
(2)
The area shall be graded creatively to blend into
the surrounding landscape and imitate a natural depression with an
irregular edge. This shall include gentle berming. Linear, geometrical
basins are unacceptable.
(3)
The quantity of trees to be planted on the interior
of the basins shall be equal to the number of trees that would be
necessary to cover the entire area, based upon a twenty-foot by twenty-foot
grid to the high water line or outflow elevation. Forty percent of
the trees shall be of at least two-and-five-tenths-inch caliper in
size. The remaining 60% shall be six-foot-to-eight-foot high whips.
(4)
The trees shall be planted in groves and spaced five
feet to 15 feet on center.
(5)
The ground plane shall be seeded with a naturalization,
wildflower and/or meadow grass mix.
H.
Pedestrian spaces.
A.
Dedicated open space, to the greatest extent practicable,
should be contiguous.
B.
Developments in the Highway Commercial (HC) and Commercial
Industrial (CI) Zones should provide outdoor amenities for employees,
examples of which include benches, tables and landscaped green areas.
C.
Residential subdivisions of eight or more lots shall
provide at least 10% dedicated open space, of which 50% must be usable
land to provide for active and/or passive recreation as found to be
appropriate by the Planning Board based on existing and/or anticipated
resident need and demand.
D.
Recreation facilities. As a minimum requirement, no
less than 50% of all recreation improvements shall be installed prior
to the issuance of a certificate of occupancy for more than 75% of
the total number of approved dwelling units.
|
Dwelling
Units
|
Tot Lot
|
Multi
purpose
Field
|
Tennis
Court
|
Basketball Court
|
|---|---|---|---|---|
|
8-25
|
1
| |||
|
26-50
|
1
|
1
| ||
|
50+
|
1
|
1
|
1
|
1
|
E.
Payment in lieu of facilities. When allowed by the
approving authority, a cash contribution may be made in lieu of providing
recreational, equipment, otherwise the fee per dwelling unit as required
by ordinance as may be amended from time to time is to be posted.
This contribution does not reduce the requirement for open space.
The contribution shall be made to an open space trust fund maintained
by the City specifically for the periodic purchase, lease, acquisition
and/or maintenance of active recreation lands and improvements for
the use of City residents. Said contribution shall be paid as follows:
1/2 at the time of final approval and the balance per unit at the
time of each building permit, in addition to the regular building
permit fees. The land required to be used for active recreation shall
thereafter be used for passive recreation unless the City elects to
construct active recreation facilities thereon at City expense.
[Amended 8-9-2010 by Ord. No. 2010-12]
A.
Nonresidential solid waste management.
(1)
All nonresidential development shall provide for the collection,
storage and disposition of solid waste.
(2)
Outdoor solid waste enclosures shall meet the following minimum construction
and design standards:
(a)
All outdoor enclosures shall be no more than six feet in height,
be of masonry construction and have an exterior appearance that is
compatible with that of the principal structure on the lot on which
the enclosure is situated.
(b)
The enclosure shall be oriented so that the opening does not
face the front of the property.
(c)
A side entry feature to the enclosure shall be provided.
(d)
Gates to the enclosure shall be constructed of solid welded
steel panels.
(e)
The enclosure shall be screened from view of street or adjacent
properties and be large enough to accommodate solid waste.
(f)
A year-round buffer shall be provided through the provision
of evergreen trees and shrubs.
(g)
Enclosures are to be situated on a concrete pad consisting of
either Class A or Class 13 concrete having a minimum thickness of
six inches. This pad should extend outward two feet from the enclosure
to allow for easier rolling on and off of containers.
B.
Containment areas designated of recyclable materials on residential
sites.
(1)
Purpose. The City of Bordentown finds that reducing the amount of
solid waste and conservation of recyclable materials is an important
public concern and is necessary to implement the requirements of the
SWMA and the County Plan. Areas for the collection of recyclables
on residential properties should be designed to effectuate collection
of material in a safe and sanitary manner and should be sized to meet
current industry standards for volumes and containers.
(2)
Statutory authority. This section is adopted pursuant to N.J.S.A.
40:48-2, N.J.S.A. 40:66-1 and N.J.S.A. 40:49-2.1 and any amendments
adopted thereto.
(3)
ACT or SWMA
BURLINGTON COUNTY REGIONAL PROGRAM
CLASS A RECYCLABLE MATERIAL
COMMINGLED
COMMON AREA RECYCLING STORAGE LOCATION
CONDOMINIUM COMPLEX
CORRUGATED AND OTHER CARDBOARD
COUNTY
CURBSIDE DESIGNATED RECYCLABLES
CURBSIDE RECYCLING CONTAINER
DEP or DEPARTMENT
DESIGNATED RECYCLABLE MATERIALS
DSW
FIBER
MOBILE HOME PARK
MULTIFAMILY DWELLING
MUNICIPALITY
MUNICIPAL SOLID WASTE
PAPER
PERSON
QUALIFIED PRIVATE COMMUNITY
RECYCLABLE MATERIALS
RECYCLING
RESIDENT
SOLID WASTE
SOURCE SEPARATED
SWMA
Definitions. As used in this section, the following definitions shall
apply:
The Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq.,
as amended and supplemented.
The program utilized for the collection of those recyclable
materials as designated by the Department of Solid Waste from residential
curbside, participating multifamily and participating school collection
programs.
Source-separated, nonputrescible, metal, glass, paper and
plastic containers; and corrugated and other cardboard.
A combining of source-separated recyclable materials for
the purpose of recycling.
A location designed in accordance with the land use ordinances
of this municipality as required for multifamily dwellings with more
than 20 residential units where curbside collection is not provided
under the Burlington County Regional Program.
A group of units, arranged horizontally or vertically, where
the form of ownership of real property under a master deed provides
for ownership by one or more owners of units of improvements together
with an undivided interest in common elements appurtenant to each
such unit.
All corrugated cardboard normally used for packing, mailing,
shipping or containerizing goods, merchandise or other material, but
excluding plastic, foam or wax-coated or soiled corrugated cardboard.
The Burlington County Board of Chosen Freeholders, and its
successors and assigns, acting through the Burlington County Department
of Solid Waste.
Those designated recyclables that are placed for collection
within the parameters of the curbside collection program as outlined
herein.
A container(s) provided by the municipality or persons for
the temporary storage of recyclable materials within the residential
unit(s).
The New Jersey Department of Environmental Protection.
Those recyclable materials to be source separated in this
municipality including but not limited to aluminum cans, antifreeze,
consumer electronics, corrugated cardboard, fluorescent lights, glass
containers, lead-acid batteries, leaves, metal appliances, paper,
plastic bottles (coded #1 and #2), rechargeable batteries, steel (tin)
cans, textiles, tires and used motor oil.
The Burlington County Department of Solid Waste, its successors
and assigns.
All newspaper, fine paper, bond paper, junk mail, office
paper, magazines, paperback books, school paper, catalogs, computer
paper, telephone books, chipboard, corrugated and other cardboard
and similar cellulosic material whether shredded or whole, but excluding
wax paper, plastic- or foil-coated paper, thermal fax paper, carbon
paper, blueprint paper, food-contaminated paper, soiled paper and
cardboard.
Any park, including a trailer park or camp, equipped to handle
mobile homes sited on a year-round basis as defined in N.J.S.A. 2A:18-61.7
et seq.
Any building or structure or complex of buildings or structures
in which three or more dwelling units are rented or leased or offered
for rental or lease for residential purposes; whether privately or
publicly financed, except hotels, motels or other guest houses serving
transient or seasonal guests as those terms are defined under Subsection
(j) of the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
and N.J.S.A 40:66-1.2 et seq.
The City of Bordentown located within the County of Burlington,
State of New Jersey.
Residential, commercial and institutional solid waste generated
within a community.
All newspaper, fine paper, bond paper, junk mail, office
paper, magazines, paperback books, school paper, catalogs, computer
paper, telephone books and similar cellulosic material whether shredded
or whole, but excluding tissue and towel paper, wax paper, plastic-
or foil-coated paper, thermal fax paper, carbon paper, NCR paper,
blueprint paper, food-contaminated or soiled paper.
Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, other governmental
agency of any other entity or any group of such persons, which is
recognized by law as the subject of rights and duties.
A residential condominium, cooperative or fee simple community
or horizontal property regime, the residents of which do not receive
any tax abatement or tax exemption related to its construction, comprised
of a community trust or other trust device, condominium association,
homeowners' association or council of co-owners, wherein the cost
of maintaining roads and streets and providing essential services
is paid for by a not-for-profit entity consisting exclusively of unit
owners within the community. No apartment building or garden apartment
complex owned by an individual or entity that receives monthly rental
payments from tenants who occupy the premises shall be considered
a qualified private community. No proprietary campground facility,
as defined in N.J.S.A. 45:22A-49, shall be considered to be a qualified
private community.
Materials that would otherwise become solid waste that can
be separated, collected and/or processed and returned to the economic
mainstream in the form of raw materials or products.
Any process by which materials, which would otherwise become
solid waste, are collected, separated or processed and returned to
the economic mainstream in the form of raw materials or products.
Any person residing within the municipality on a temporary
or permanent basis, but excluding persons residing in hotels or motels.
Garbage, refuse and other discarded materials, as defined
in N.J.S.A. 13:1E-1, et seq. and N.J.S.A. 48:13A-1, et seq.
Recyclable materials separated from the solid waste stream
at the point of generation.
The New Jersey Solid Waste Management Act, as amended.
(4)
Design of containment areas for designated recyclable materials on
residential sites.
(a)
Design standards for common area recycling storage locations.
[1]
In accordance with the municipal Recycling Ordinance located in Chapter 174 of the City of Bordentown Code, every multifamily, qualified private community and mobile home park within the City of Bordentown shall be required to provide, for the use of its residents, centralized and common locations on its property for the storage, prior to collection, of source-separated recyclables generated by the residents of the property.
[2]
Each common area recycling storage location shall, at a minimum,
conform to the following standards:
[a]
The dimensions of the recycling storage location
shall be sufficient to accommodate recycling containers which are
of size and number as required by the DSW and which are consistent
with current methods of collection utilized by the Burlington County
Regional Program or the private collection company being utilized.
The following tables indicate the minimum container capacity requirements
for weekly recycling service and common container dimensions:
|
Minimum Container Capacity Requirements for Weekly Recycling
Service
| ||
|---|---|---|
|
Dual Stream Collection
|
Fiber
(paper and cardboard)
|
Commingled
(bottles and cans)
|
|
Non-age-restricted complex
|
One cubic yard of capacity for every 15 dwelling units
|
0.47 cubic yards (96 gallons) of capacity for every 18 dwelling
units
|
|
Age-restricted complex
|
One cubic yard of capacity for every 20 dwelling units
|
0.47 cubic yards (96 gallons) of capacity for every 24 dwelling
units
|
|
Single stream collection
|
Fiber and commingled
|
--
|
|
Non-age-restricted complex
|
2 cubic yards of capacity for every 20 units
|
--
|
|
Age-restricted complex
|
1.4 cubic yards of capacity for every 20 units
|
--
|
|
Common Container Dimensions
| |||
|---|---|---|---|
|
Size
(cubic yards)
|
Length
(inches)
|
Width
(inches)
|
Height
(inches)
|
|
1
|
72
|
24
|
29
|
|
2
|
72
|
34
|
45 (rear) / 34 (front)
|
|
3
|
72
|
43
|
48 (rear) / 40 (front)
|
|
4
|
72
|
51
|
56 (rear) / 46 (front)
|
|
6
|
80
|
66
|
71 (rear) / 47 (front)
|
|
8
|
80
|
71
|
86 (rear) / 53 (front)
|
[b]
Unless expressly prohibited by a municipality,
or not feasible due to existing site constraints, recycling containers
for all Class A designated recyclables shall be co-located at all
solid waste collection areas within the complex.
[c]
The recycling storage locations shall be conveniently
located for the residential disposition of source-separated recyclable
materials, preferably co-located, but clearly separated from, refuse
containers.
[d]
Outdoor recycling storage locations shall include
a concrete pad of the size as specified herein. The dimensions of
the recycling storage location shall provide sufficient area for the
required container(s):
.tif.png) |
[e]
The recycling storage locations shall be well lit
and shall be safely and easily accessible by recycling personnel and
vehicles. Collection vehicles shall be able to access the recycling
areas without interference from parked cars or other obstacles. The
following turning template can be used to plan vehicular accessibility
to recycling storage locations:
.tif.png) |
[f]
Reasonable measures shall be taken to protect the
recycling areas and the bins or containers placed therein against
theft of recyclable materials or the bins or containers themselves.
[g]
Signs, as approved by the DSW, clearly identifying
the recycling areas and the materials accepted therein shall be posted
adjacent to all points of access to the recycling areas.
[h]
Each recycling area shall be enclosed on three
sides by a solid fence or masonry enclosure six feet in height and
shall be surrounded by landscaping. A durable closable access gate
on the fourth side should be provided.
(b)
Recycling container storage design standards; new residential
construction. In order to facilitate recycling in all new construction,
and to avoid the creation of unhealthful or cramped storage situations,
sufficient storage shall be available for recycling containers within
all new construction of residential housing.
[1]
Recycling storage locations. Curbside recycling container storage
locations shall not include basements that require the negotiation
of stairs, or any location either above or below finished grade. Locations
shall be on a hard-wearing, smooth, continuous surface with access
to a path with a width no less than three feet and headroom of not
less than seven feet.
[2]
Single-family and two-family dwellings. Each residential dwelling
unit shall be designed to provide a curbside recycling storage container
storage location containing, at a minimum, dimensions (length by width
by height) of no less than 36 inches by 32 inches by 84 inches per
unit. The location shall be clearly marked as such on floor plans
of the dwelling unit if to be located inside the dwelling unit. If
to be located outside the dwelling unit, adequate storage space for
the container shall be identified on the property survey. This shall
be done at the time of subdivision approval, if applicable, or at
the time of zoning or building permit application.
[3]
Multifamily and condominium complex dwellings. Curbside recycling
container storage locations shall be provided for each multifamily
and condominium complex dwelling where common area recycling storage
locations are not otherwise provided. Each multifamily and condominium
complex dwelling unit shall be designed to provide a curbside recycling
container storage location containing at a minimum, dimensions length
by width by height of no less than 36 inches by 32 inches by 84 inches
per unit. The location shall be clearly marked as such on floor plans
of the dwelling unit if to be located inside the dwelling unit. If
to be located outside the dwelling unit, adequate storage space for
the container shall be identified on the site plans or subdivision
plans.
(5)
Construction. The terms and provisions of this section are to be
liberally construed, so as best to achieve and to effectuate the goals
and purposes hereof. This section shall be construed in pari materi
with the SWMA and the County Plan.
Wherever possible, subdivision and/or site plan
applicants shall preserve trees, groves, waterways, scenic points,
historic spots and other community assets and landmarks.
A.
Environmental elements relating to the prevention
of soil erosion, preservation of trees, protection of watercourses,
noise, air quality, topography, soil and animal life shall be reviewed,
and the design of the plan shall minimize any adverse impact on these
elements.
B.
Environmental impact. No application for development
shall be approved unless it has been affirmatively determined by the
Planning Board, after an environmental appraisal, that the proposed
project:
(1)
Will not result in a significant adverse impact on
the environment.
(2)
Has been conceived and designed in such a manner that
it will not significantly impair natural processes.
(3)
Will not place a disproportionate or excessive demand
upon the total resources available to the project site and to the
impact area.
C.
All applications for development and uses of land
in wetlands shall be subject to and permitted only in compliance with
the provisions of the New Jersey Freshwater Wetlands Protection Act
(N.J.S.A. 13:9B-1 et seq.) and the regulations adopted thereunder
(N.J.A.C. 7:7A-1 et seq.) Any provisions in this article referring
to wetlands regulations shall be construed to mean the provisions
of the New Jersey Freshwater Wetlands Protection Act and the regulations
adopted pursuant thereto.
D.
All applications for development shall show the limits
of wetlands, wetland buffer area, stream encroachment limits and other
environmental constraints. In the case of subdivisions, this shall
be included on the plan of lots, recorded in the deeds, and a point-of-sale
disclosure provided to all prospective buyers of individual lots.
A.
General provisions.
(1)
A Steep Slope Conservation Overlay shall be deemed
to exist in any area where slopes exceed 15%.
(2)
No area within the Steep Slope Conservation Overlay
shall hereafter be used without full compliance with the terms of
this article and other applicable regulations. The Steep Slope Conservation
Overlay shall be deemed to be an overlay on any zoning district(s)
now or hereafter enacted to regulate the use of land in the City.
(3)
The Steep Slope Conservation Overlay shall have no
effect on the permitted uses in the underlying zoning district, except
where said uses are intended to be located within the boundaries of
the Steep Slope Conservation Overlay, as defined herein, and said
uses are in conflict with the permitted uses set forth in this article.
(4)
In those areas of the City where the Steep Slope Conservation
Overlay applies, the requirements of the Steep Slope Conservation
Overlay, to the extent they are more restrictive, shall supersede
the requirements of the underlying zoning district.
(5)
Any area of the Steep Slope Conservation Overlay that
falls within the subject lot or lots shall be interpolated and shown
on the site plan required through shading of such area or areas.
(6)
Should the Steep Slope Conservation Overlay boundaries
be revised, to exclude previously included lands, as a result of legislative
or administrative actions or judicial decision, the zoning requirements
applicable to the area in question shall revert to the requirements
of the underlying zoning district(s) without consideration of this
section.
(7)
For any parcel or any part thereof on which the Steep
Slope Conservation Overlay is applicable; should the underlying zoning
classification be changed as a result of legislative administrative
actions or judicial decision, such change classification shall have
no effect on the boundaries of the Steep Slope Conservation Overlay,
unless an amendment to said boundaries was included as part of the
proceedings from which the subsequent change originated.
(8)
It is not intended by this section to repeal, abrogate
or impair any existing easements, covenants or deed restrictions.
However, where this section imposes greater restrictions, the provisions
of this section shall prevail.
(9)
The granting of a zoning permit or approval of a subdivision
or land development plan within or near the Steep Slope Conservation
Overlay shall not constitute a representation, guarantee or warranty
of any kind by the City, or by any official or employee thereof, of
the practicability or safety of the proposed use and shall create
no liability upon the City, its officials or employees. This section
does not imply that areas outside the Steep Slope Conservation Overlay
boundaries or land uses permitted within said Steep Slope Conservation
Overlay will always be totally free from the adverse affects of erosion.
B.
Designation and interpretation of district boundaries.
(1)
The Steep Slope Conservation Overlay consists of two
areas which are delineated and defined as follows:
(a)
Prohibitive slope. Prohibitive slopes are those
of 25% or greater slope (e.g., sloping 25 feet or more vertical over
a distance of 100 feet) contour intervals of two feet each such that,
in aggregate, they delineate a slope of at least 25%.
(b)
Precautionary slope. Precautionary slopes are
those 15% to 25% slope (e.g., sloping 15 to 25 feet vertical over
a distance of 100 feet horizontal). Slopes shall be deemed precautionary
when there are four adjacent contour intervals of two feet each such
that, in aggregate, they delineate a slope between 15% and 25%.
(2)
Steep slopes shall be determined by either aerial
photogrammetric methods or by field survey. The contour interval shall
be set forth at no more than two feet per interval on slopes less
than 25% and may be set forth at five feet per interval on slopes
over 25%. On properties containing no slopes greater than 10%, U.S.C.S.
7.5 minute quadrangles may be used as the source of such information,
subject to the approval of the Zoning Officer at the recommendation
of the City Engineer.
(3)
Where an interpretation is needed as to the exact
location of the boundaries of the overlay in relation to a given parcel,
the initial determination shall be made by the City Engineer. Any
party seeking such a determination may submit a topographic survey
of the property and any other pertinent documentation in consideration.
The City Engineer shall make a written report of the results of his
initial determination, a copy of which shall be provided to the governing
body.
C.
Uses permitted by right.
(1)
In any part of the Steep Slope Conservation Overlay,
grading shall be minimized, and no grading shall be undertaken within
any area of the Steep Slope Conservation Overlay except where approved
in conjunction with a use permitted under the terms of this section.
(2)
The following are the only uses permitted as of right.
In areas of prohibitive slope, such uses also shall be in compliance
with the base zoning district and shall not involve the erection of
buildings, construction of streets, installation of sewage disposal
systems or permanent removal of top soil unless replaced by approved
engineered structures.
(a)
Parks and outdoor recreation uses.
(b)
Yard areas of a building within the Steep Slope
Conservation Overlay.
(c)
The minimum possible grading for a driveway
accessing a single-family dwelling or other building when it can be
demonstrated that no other routing which avoids prohibitive slopes
is feasible or economically reasonable.
(d)
The minimum possible installation of public
or private transmission lines such as power, phone, gas, water, sewer
or storm sewer lines when it can be demonstrated that no other routing
which avoids prohibitive slopes is practicable or economically reasonable.
(e)
Within any lot, the maximum extent of areas
classified prohibitive slopes that may be permanently disturbed for
installation of site improvements shall be limited to 20% of the prohibitive
slope area or 10% of the lot area, whichever is the lesser, subject
to the approval of the Zoning Officer on the recommendation of the
City Engineer. On any lot, the total amount of impervious surface
that may be installed within areas of prohibitive slope shall not
exceed 20% of the total impervious areas permitted according to the
provisions of the underlying zoning district.
(3)
The following are the only uses permitted by right
in areas of precautionary slope, provided they are also in compliance
with base zoning district and all other provisions of this section:
(a)
All uses permitted in areas of prohibitive slopes.
(b)
Tree farming forestry and other agricultural
uses when conducted in conformity with conservation practices, including
minimum tillage methods.
(c)
Access roads for the passage of emergency vehicles
in the event of fire or accident.
(d)
Accessory uses (except swimming pools) necessary
for the operation and maintenance of the above permitted uses.
(e)
Within any lot, the maximum extent of areas
classified as precautionary slopes that may be permanently disturbed
for the installation of site improvements shall be limited to 40%
of the precautionary slope areas, or 20% of the lot area, whichever
is the lesser, subject to the approval of the Zoning Officer on the
recommendation of the City Engineer. On any lot, the total amount
of impervious surface that may be installed within areas of precautionary
slope shall not exceed 40% of the total impervious area permitted
according to the provision of the underlying zoning district.
D.
Conditional uses.
(1)
Any of the following are permitted within the Steep
Slope Conservation Overlay, subject to the conditions set forth herein:
(a)
Any structure permitted by right or conditional
use according to the terms of the underlying base zoning district.
(b)
Any road necessary to provide primary access
to a use permitted by this section, when no practical alternative
exists in an area of lesser slope.
(c)
In areas of prohibitive slopes these activities
shall not be approved by the granting of a conditional use unless
the applicant demonstrates that there is no alternative which could
avoid encroachment into the areas of prohibitive slope.
(2)
The conditional uses indicated shall be subject to
the conditions set forth as follows:
(a)
Disturbance to particularly sensitive features
of the site shall be minimized; special emphasis in planning for the
site should be given to the protection of:
(b)
Disturbance shall be minimized where the length
or area of steep slopes both on the site and on adjacent lands within
200 feet of the site is extensive.
(c)
The proposed development, any impervious ground
cover and the resultant disturbance to the land and existing vegetative
cover will not cause runoff and/or related environmental problems
off the site.
(d)
Removal of or disturbance for existing vegetation
on the site shall be minimized. The proposed impacts on existing vegetation
shall be evaluated in terms of the potentially detrimental effect
on slope stability, transportation and recharge of stormwater aesthetic,
and traditional characteristics of the landscape, and existing drainage
patterns. The Board may require mitigation measures as it deems appropriate.
(e)
The design, construction procedures and sediment
and erosion control measures are such that there is no risk of damage
or impairment to adjacent slopes, neighboring properties or down slope
watercourses as a result of the proposed activities.
(f)
Important visual qualities of the site shall,
to the maximum extent feasible, be retained; in addition to vegetation,
these may include hilltops, rock outcroppings and the natural terrain
and contours of the site.
(g)
Innovative, imaginative building techniques
that are well-suited to slope conditions shall be encouraged consistent
with other applicable codes and regulations.
(h)
The equilibrium of the slope, as characterized
by the existing inter-relationships among soil, water and vegetation,
shall be disturbed as little as possible.
(i)
Finished slopes of all cuts and fills shall
not exceed 33% unless the applicant can demonstrate that steeper slopes
can be stabilized and maintained adequately to the satisfaction of
the City.
(j)
Exposed cut slopes within or below prohibitive
slopes shall be minimized so that engineered retaining walls or other
structures are utilized to the greatest extent practicable to maintain
the stability of the disturbed slopes and reduce the risk of harm
because of erosion and potential slope failure resulting in mud slides.
A.
Within any residential district, no building with
a permitted professional home office or home occupation shall be constructed
or altered so as to be inharmonious with the residential character
of the adjacent residential areas.
B.
All new housing may be oriented on the lot so either
the major axis or the minor axis of the house is parallel to the street
line. In all eases, however, the facade facing the street line must
be designed to compliment the street. Architectural articulation using
such elements as windows, doors and/or porches is required. Blank
facades facing the street line will not be permitted.
C.
The governing body hereby finds that uniformity in
the exterior design and appearance of dwellings erected in the same
residential neighborhood tends to adversely affect the desirability
of the immediate and neighboring areas for residential purposes and
impairs existing residential property in such areas, tends to impair
the value of both improved and unimproved real property in such areas
and tends to deprive the municipality of tax revenue and destroys
a proper balance between the taxable value of real property in such
areas and the cost of municipal services provided therefor. It is
the purpose of this section to prevent these and other harmful effects
of uniformity in design and appearance of dwellings erected in any
housing development in the same residential neighborhood and thus
to promote and protect the general welfare of the community.
(1)
Not more than one construction permit shall be issued
for any particular single-family detached dwelling unit design in
any housing development consisting of two or more detached dwellings
when the houses are substantially alike in exterior design and appearance,
unless such similar houses either are separated by a distance of at
least 200 feet or are situated on individual lots which are themselves
separated at all points by a distance of at least 100 feet, whichever
distance will provide the least separation between houses.
(2)
Houses within such specified distance from each other
shall be considered uniform in exterior design and appearance if they
have any one of the following characteristics:
(a)
The same basic dimensions and floor plans are
used without substantial differentiation of one or more exterior elevations.
(b)
The height and design of the roofs are without
substantial change in design and appearance.
(c)
The size and type of windows and doors in the
front elevation are without substantial differentiation.
(3)
In addition, there shall be not less than one basic
house design and two different exterior elevations in every housing
development consisting of eight or less houses; not less than two
basic house designs and four different exterior elevations in every
housing development consisting of nine to 15 houses; not less than
three basic house designs and six different exterior elevations in
every housing development consisting of 16 houses to 50 houses; not
less than four basic house designs and seven different exterior elevations
in every housing development consisting of 51 houses to 77 houses;
and not less than four basic designs and eight different elevations
in every housing development consisting of 78 houses or more houses.
(4)
To ensure conformity with the provisions of this chapter,
no construction permit shall hereafter be issued for more than one
dwelling in any housing development until the builder shall post or
cause to be posted, on each specific lot on the map of the subdivision
on file with the Construction Official, the type and model of each
house for which a construction permit has been or is being issued.
(5)
The provisions, requirements and standards heretofore
set forth shall not be considered met where there is an attempt to
make minor changes or deviations from building plans and location
surveys, which changes show an obvious intent to circumvent the purpose
of this section.
(6)
Building elevations and floor plans for each required
house design must be submitted for review by the Planning Division
at final subdivision. Where an applicant has no immediate plans for
construction, these building elevations and floor plans must be submitted
for review by the Planning Division prior to the issuance of a building
permit.
