A.
The purpose of good subdivision and site design is
to create a functional and attractive development, to minimize adverse
impacts, and to ensure that a project will be an asset to a community.
B.
The developer shall only be permitted to build the
maximum density, intensity of development, and useable floor area
ratio permitted by the zone district requirements schedule where it
is demonstrated that the development adheres to all applicable ordinances,
including the design requirements and guidelines set forth herein,
and creates no exceptional adverse impacts. Deviations from the standards
and guidelines of this article will only be permitted when authorized
by the Planning Board through the issuance of a design waiver.
C.
The purpose of the requirements and standards is to
ensure that the design of new development gives appropriate consideration
to the scale and character of the existing neighborhood in which a
development is to be located and to the cultural and natural resources
of the Borough.
In project design and in reviewing project applications,
the following principles of subdivision and site design shall apply:
A.
Data gathering and site analysis.
(1)
Assess site characteristics, such as general site
context and surrounding land uses; geology and soil; topography; climate;
ecology; existing vegetation, structures, and road networks; visual
features; and past and present use of the site.
B.
Subdivision and site design.
(1)
Base the design of the development on the site analysis.
Locate development to the maximum extent practical to preserve the
natural features of the site, to preserve areas of environmental sensitivity,
and to minimize negative impacts and alteration of natural features
and to create an appropriate design relationship to surrounding uses.
(2)
Design and arrange streets, lots, parking areas, buildings,
and units to reduce unnecessary impervious cover, and to mitigate
adverse effects of shadow, noise, odor, traffic, transportation, drainage,
and utilities on neighboring properties.
(3)
Consider all existing local and regional plans for
the surrounding community.
(4)
Design storm drainage facilities as an integral part
of the development, and arrange the design to use as much of the natural
drainage as possible.
(5)
Design lots and sites to reduce cut and fill, and
to avoid flooding and adversely affecting groundwater and aquifer
recharge; and provide for sewage disposal and adequate access.
C.
Residential development design.
(1)
Residential developments may be arranged as permitted
by the zone district regulations. Consider topography, privacy, building
heights, orientation, drainage, and aesthetics in placement of units.
Provide units with private outdoor space where appropriate and practical.
(2)
Space buildings so that adequate privacy is provided
for units.
D.
Nonresidential development design.
(1)
Design commercial and industrial developments according
to the same principles governing design of residential developments;
locate buildings based on topography; avoid to the maximum extent
practical environmentally sensitive areas; consider factors such as
drainage, noise, odor and surrounding land uses in citing buildings;
buffer where adverse impacts exist.
E.
Circulation system design.
(1)
Design the street system to permit the safe, efficient,
and orderly movement of traffic.
(2)
In addition, design the street system to meet the
following objectives: to meet but not exceed the needs of the present
and future population served; to have a simple and logical pattern;
to respect natural features and topography; and to present an attractive
streetscape.
(4)
Locate pedestrian walkways parallel to the street,
but permit exceptions to preserve topographical or natural features,
or to provide visual interest or for ease of circulation.
(5)
Where separate bicycle paths are required by the Master
Plan, design those for commuters so that they are reasonably direct.
Design recreational paths to follow scenic routes, with points of
interest highlighted.
(6)
Within commercial areas, cross connections and cross
easements among properties should be provided to allow for ease of
vehicular and pedestrian access.
F.
Landscape design.
(1)
Provide landscaping in public areas, on recreation
sites, and adjacent to buildings to screen parking areas, mitigate
adverse impacts, and provide windbreaks for winter winds and summer
cooling for buildings, streets, and parking.
(2)
Select the plant or other landscaping material that
will best serve the intended function, and use landscaping materials
appropriate for local soil conditions, water availability, and environment.
(3)
Vary the type and amount of landscaping with type
of development, and accent site entrance with special landscaping
treatment.
(4)
Consider massing trees at critical points rather than
in a straight line at predetermined intervals along streets.
(5)
Consider the impact of any proposed landscaping plan
at various time intervals. Shrubs may grow and eventually block sight
distances. Foundation plants may block out building windows.
G.
Architectural and building design. Building layout
and architectural treatment shall promote an attractive visual environment
and a convenient relationship of buildings to their surrounding circulation
systems and open space. Innovative and imaginative design which results
in an artful treatment of building surfaces is encouraged. In evaluating
the suitability of design, the reviewing agency shall consider the
following:
(1)
Buildings and their environs should be designed to
be attractive from all vantage points, including fences, storage areas,
and rear entrances and elevations. All groups of related buildings
shall be designed to harmonize architectural treatment and exterior
materials.
(2)
Accessory structures should be architecturally coordinated
with the principal structure.
(3)
All exterior storage areas and service yards, loading
docks and ramps, electrical and mechanical equipment and enclosures,
storage tanks and the like, should be screened from the public view,
both within and from outside of the development, by a fence, wall
or mature landscape materials, compatible with the exterior design
of the building.
(4)
Colors, materials and finishes should be coordinated
in all exterior elevations of buildings to achieve continuity of expression.
All roof and wall projections, such as gutters, flues, louvers, utility
boxes, vents, grills, downspouts, exposed flashing, overhead doors,
shall be painted or installed with an anodized or acrylic finish in
a color to match adjacent surfaces.
(5)
All openings in the wall of a structure such as windows
and doors should relate to each other on each elevation vertically
and horizontally in an artful arrangement.
(6)
Roof planes or caps meeting the exterior facade should
have overhangs or appropriate cornice and trim details.
(7)
Major entrances to buildings should be emphasized
with appropriate architectural elements or details.
(8)
The fenestration and detailing of building facades
should be arranged to promote a harmonious pattern of light and shade
on the building face and provide a visually appealing surface.
(9)
Visual harmony should be created between new and older
buildings.
(10)
Desirable features of a site should be considered
and strengthened by, for example, framing or maintaining views or
continuing particular design features or statements.
(11)
Building layout, access and parking areas should
be arranged to relate to existing topography so as to minimize regrading
and soil import or export.
(12)
Buildings should be designed to avoid long unbroken
lines and monotony of expression. Building details, forms and setbacks
should be used to provide visual interest.
(13)
Buildings should be spaced to permit sufficient
light and privacy.
(14)
Signage shall be coordinated with architectural
design.
(a)
Soft, retractable, flameproof awnings are permitted
over the first floor and above upper-floor windows. They shall not
project more than six feet from the building front, and they shall
not be lower than seven feet above grade. Rigid or fixed awnings are
not permitted unless original or an integral part of the structure
and compatible and harmonious with the scale and character of the
structure and adjacent structures. Awnings shall not protrude into
the Borough right-of-way.
(b)
No lettering or images are permitted on the
angled face of an awning. Lettering or images no higher than four
inches may be placed on the awning valance and shall not exceed 50%
of the area of the awning valance. Awning signs should not be used
on the second story. Second-story businesses may use window signs
confined to the lower portion of a second-story window.
(15)
In shopping centers or buildings containing
multiple storefronts, each storefront should maintain a coordinated
design with respect to an overall plan for colors, doors, windows,
signage, and trim details.
(16)
Repetition of plant varieties, materials, screens,
and sight breaks may be used to achieve compatibility between adjacent
buildings of different architectural styles.
(17)
Roof shapes shall be coordinated to present
a harmonious appearance.
(18)
Finish materials used shall be suitable to the
use and design of the building.
(19)
Facade renovations shall preserve and protect
desirable architectural details. All additions, alterations and accessory
buildings shall be compatible with the principal building in design
and materials.
(20)
The use of unusual slopes, color and other characteristics
which cause a new building to call excessive attention to itself and
create a jarring disharmony with its surroundings should be avoided
or reserved for structures of broad public significance.
(21)
Exposed basement or nondecorative block walls
are unacceptable as facade or building treatments. Exposed basement
walls shall be painted to relate to the building design.
(22)
Multifamily and attached residential design
requirements. Unless a different requirement is provided within the
zone district, multifamily and attached residential development should
adhere to the following:
(a)
Consideration shall be given to topographical
conditions, privacy, building height, orientation, drainage, aesthetics
in the placement of units, and the relationship to open space and
circulation systems.
(b)
Residential units should front on lower-order
streets.
(c)
Residential developments should create the appearance
of individuality among housing units; however, units should be developed
in harmony with each other and with existing and surrounding uses.
(d)
Convenient access to outdoor space and parking
from all residential units should be provided.
(e)
A safe, well-lighted residential environment,
free from through traffic, should be provided.
(f)
Site design should permit a minimum amount of
noise intrusion into the area.
(g)
Private and common open space should be clearly
delineated. Recreation facilities should be designed and sited for
the convenience of the users.
(h)
Unless provided otherwise by the zone district,
the spacing of multifamily or attached residential buildings shall
adhere to the following minimums:
[1]
Windowless wall to windowless wall: 20 feet.
[2]
Windowed wall to windowless wall: 30 feet.
[4]
Any building face to right-of-way: 25 feet.
[5]
Any building face to residential access street
curb: 30 feet.
[6]
Any building face to subcollector street curb:
35 feet.
[7]
Any building face to collector street curb:
40 feet.
[8]
Any building face to common parking area: 12
feet.
H.
Landmark design.
(1)
The design of development proposed on any landmark
site or on property abutting a landmark site or within a landmark
district designated in the Atlantic Highlands Master Plan shall be
arranged to conserve, where practical, the landmark and provide visually
compatible building and site design. The Planning Board shall review
the compatibility of the following when evaluating development proposals
that impact landmarks:
(a)
Building height.
(b)
Bulk and scale.
(c)
Placement, proportions, and design of windows,
doors and roof.
(d)
Materials and textures.
(e)
Color.
(f)
Signs.
(g)
Fences, wall and other accessory structures.
(h)
Porches.
(i)
Railings.
(j)
Parking layout and loading/facilities.
(k)
Landscaping.
(l)
Lighting standards and fixtures.
(m)
Benches.
(n)
Sidewalk paving.
(o)
Trash receptacles.
(p)
Any other exterior elements impacting the landmark.
(2)
Where rehabilitation, renovation, alterations or adaptive
reuse of an historic building is proposed, the Planning Board may
apply the guidelines developed by the U.S. Department of the Interior
and published as the Secretary of the Interior's Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings.
(3)
The Planning Board may utilize experts in the field
of landmark preservation to advise it on development proposals impacting
upon a landmark.
(4)
The Planning Board shall consider the following characteristics
of a landmark prior to approving a development plan which results
in the demolition of an historic building:
(a)
Its historic, architectural, cultural or scenic
significance.
(b)
If it is within a landmark district, its significance
to the district as a key, contributing or noncontributing resource
and the probable impact of its removal on the district.
(c)
Its potential for use for those purposes currently
permitted by this chapter.
(d)
Its structural condition and the economic feasibility
of alternatives to the proposal.
(e)
Its importance to the municipality and the extent
to which its historical or architectural value is such that its removal
would be detrimental to the public interest.
(f)
The extent to which it is of such old, unusual
or uncommon design, craftsmanship, texture or material that it could
not be reproduced or could be reproduced only with great difficulty
and expense.
(g)
The extent to which its retention would promote
the general welfare by maintaining and increasing real estate values,
generating business, creating new jobs, attracting tourists, students,
writers, historians, artists and artisans; attracting new residents,
encouraging study and interest in American history, New Jersey history
and the history of Atlantic Highlands; stimulating interest and study
in architecture and design, educating citizens in American culture
and heritage, or making the municipality a more attractive and desirable
place in which to live.
(h)
Such other matters as may appropriately affect
the decision considering the specific characteristics of the property
in question.
(i)
The ownership, use and applicant's reason(s)
for requesting demolition.
(j)
Any other applicable standards of review or
guidelines adopted by the Secretary of the U.S. Department of the
Interior.
(5)
The Planning Board shall consider the following prior
to approving a development plan which results in relocation of an
historic building:
(a)
The historic loss to the site of original location
and the historic district as a whole.
(b)
The compelling reasons for not retaining the
landmark or structure at its present site.
(c)
The compatibility, nature, and character of
the current and the proposed surrounding areas as they relate to the
protection of interest and values referred to in this section.
(d)
The probability of significant damage to the
landmark or structure itself.
(e)
If it is to be moved from the Borough, the proximity
of the proposed new location to the Borough, including the accessibility
to the residents of the municipality and other citizens.
(f)
If the proposed new location is within a district,
visual compatibility factors as set forth in this section.
A.
Open space, historic structures. In subdivision and
site design, the following areas shall be preserved as undeveloped
open space or, in the case of historic structures, maintained within
the development:
(1)
Wetlands as defined in Section 404, Federal Water
Pollution Control Act Amendments of 1972, and delineated on wetlands
maps prepared by the U.S. Fish and Wildlife Service, and/or N.J.A.C.
7:7A, the New Jersey Freshwater Protection Act rules, field-verified
by an on-site inspection;
(2)
Significant trees [defined as the largest known individual
trees of each species in New Jersey as listed by the New Jersey Department
of Environmental Protection (NJDEP) Bureau of Forestry; large trees
approaching the diameter of the known largest tree; and/or species
that are rare to that area or of particular horticultural or landscape
value];
(3)
Lands in the flood way or identified as V and A Zones
on the Advisory Base Flood Elevation Map;
[Amended 4-24-2013 by Ord. No. 07-2013]
(4)
Steep slopes in excess of 15% as measured over a ten-foot interval unless appropriate engineering measures concerning slope stability, erosion, and resident safety are taken subject to the provisions of § 150-78 of this chapter.
(5)
Habitats of endangered wildlife as identified on federal
or state lists; and
(6)
Landmark structures and sites as listed on the federal
or New Jersey list of historic places or the Atlantic Highlands Master
Plan.
B.
Residential lots shall front on local streets.
C.
Lot access. Every lot shall have access to it that
is sufficient to afford a reasonable means of ingress and egress for
emergency vehicles as well as for all those likely to need or desire
access to the property for its intended use.
D.
The road system for residential subdivisions shall
be designed to serve the needs of the neighborhood and to discourage
use by through traffic.
E.
To the extent consistent with the reasonable utilization
of land, site design shall promote the conservation of energy through
the use of planning practices designed to reduce energy consumption
and to provide for maximum utilization of renewable energy sources.
F.
Every lot shall be suitable for its intended use and
shall contain a developable area which shall not be less than 80%
of the minimum required lot area of the applicable zone district or
5,000 square feet, whichever is greater. The developable lot area
shall be calculated by subtracting from the total lot area those portions
of the lot which contain wetlands, wetlands buffers, drainage easements,
conservation easements, and utility easements.
A.
Purpose.
(1)
Landscaping shall be provided as part of site plan
and subdivision design. It shall be conceived in a total pattern throughout
the site, integrating the various elements of site design, preserving
and enhancing the particular identity of the site and creating a pleasing
site character.
(2)
Landscaping may include plant materials such as trees,
shrubs, ground cover, perennials, and annuals and other materials
such as rocks, water, sculpture, art, walls, fences, and building
and paving materials.
B.
Landscape plan. A landscape plan prepared by a certified landscape architect shall be submitted with each subdivision or site plan application, unless an exception is granted pursuant to Article III of these regulations. For minor subdivision or site plan applications, the landscape plan need not be prepared by a certified landscape architect. The plan shall identify existing wooded areas and existing trees six inches or greater caliper, and proposed trees, shrubs, ground cover, natural features, such as rock outcroppings, and other landscaping elements. The plan should show where they are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, the applicant shall include in the plans proposed methods to protect existing trees and growth during and after construction.
C.
Site protection and general planting requirements.
(1)
Topsoil preservation. Topsoil moved during the course
of construction shall be redistributed on all regraded surfaces. At
least three inches of even cover shall be provided to all disturbed
areas of the development and shall be stabilized by seeding or planting.
If excess topsoil remains, the thickness shall be increased. If additional
is required, the developer shall provide it. Removal of excess topsoil
shall only be permitted in accordance with a plan approved by the
Planning Board.
(2)
Removal of debris. All stumps and other tree parts,
litter, brush, weeds, excess or scrap building materials, or other
debris shall be removed from the site and disposed of in accordance
with the law. No tree stumps, portions of tree trunks or limbs shall
be buried anywhere in the development. All dead or dying trees, standing
or fallen, shall be removed from the site. If trees and limbs are
reduced to chips, they may, subject to approval of the Municipal Engineer,
be used as mulch in landscaped areas. A developer shall be exempt
from these provisions, however, and shall be permitted to dispose
of site-generated new construction wastes on site as long as the conditions
set forth in N.J.A.C.7:26-1.7 are met.
(3)
Protection of existing plantings. Maximum effort should
be made to save fine specimens (because of size or relative rarity).
The Planning Board may require submittal of a plan for the conservation
of existing trees and shrubs. Such plans shall indicate which trees
and shrubs are to be cleared and which shall be retained. All dogwood
(Cornus florida) and American holly (Ilex opaca), having a trunk of
one inch or greater at breast height, and all native laurel shrubs
(Kalmia latifolia) shall be retained. No material or temporary soil
deposits shall be placed within four feet of shrubs or 10 feet of
trees designated to be retained on the preliminary and/or final plat.
Protective barriers or tree wells shall be installed around each plant
and/or group of plants that are to remain on the site. Barriers shall
not be supported by the plants they are protecting, but shall be self-supporting.
They shall be a minimum of four feet high and constructed of a durable
material that will last until construction is completed. Snow fences
and silt fences are examples of acceptable barriers.
(4)
On major applications, a tree save plan shall be submitted
for approval by the Planning Board. The plan shall include all trees
and shrubs which are to be retained and any trees of six-inch caliper
or greater which are to be removed. Protective devices for trees to
remain shall be shown on the plans.
(5)
Slope plantings. Landscaping of the area 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 covers appropriate for the
purpose and soil conditions, water availability, and environment.
(6)
Additional landscaping.
(a)
In residential developments, besides the screening
and street trees required, additional plantings or landscaping elements
shall be required throughout the subdivision where necessary for climate
control, privacy, or for aesthetic reasons in accordance with a planting
plan approved by the Planning Board. In nonresidential developments,
all areas of the site not occupied by building and required improvements
shall be landscaped by the planting of grass or other ground cover,
shrubs, and trees as part of a site plan approved by the Planning
Board.
(b)
At a minimum, the equivalent of at least two
shrubs and one shade or ornamental tree of two-and-one-half-inch caliper
or greater shall be provided for each 1,500 square feet of area of
a residential development not covered by buildings or improvements
and for each 1,000 square feet of nonresidential development. Existing
healthy specimen trees may be included in satisfying these requirements.
These plantings shall be in addition to any other landscaping requirements
including landscaping of off-street parking areas and buffer areas.
(7)
Planting specifications. Deciduous trees shall have
at least a two-inch caliper at planting. Size of evergreens and shrubs
shall be allowed to vary depending on setting and type of shrub. Only
nursery-grown plant materials shall be acceptable; and all trees,
shrubs, and ground covers shall be planted according to accepted horticultural
standards. Dead or dying plants shall be replaced by the developer
during the following planting season.
(8)
Plant species. The plant species selected should be
hardy for the particular climatic zone in which the development is
located and appropriate in terms of function and size.
D.
Street trees.
(1)
Location.
(a)
Street trees shall be installed on both sides
of all streets in accordance with the approved landscape plan. Trees
shall either be massed at critical points or spaced evenly along the
street, or both.
|
Tree Size
(feet)
|
Planting Interval
(feet)
| |
|---|---|---|
|
Large trees (40+)
|
50
| |
|
Medium-sized trees (30 to 40)
|
40
| |
|
Small trees (to 30)
|
30
|
(b)
If a street canopy effect is desired, trees
may be planted closer together, following the recommendations of a
certified landscape architect. The trees shall be planted so as not
to interfere with utilities, roadways, sidewalks, sight easements,
or streetlights. Tree location, landscaping design, and spacing plan
shall be approved by the Planning Board as part of the landscape plan.
(2)
Tree type. Tree type may vary depending on overall
effect desired, but, as a general rule, all trees shall be the same
kind on a street except to achieve special effects. Selection of tree
type shall be approved by the Planning Board.
(3)
Planting specifications. All trees shall have a caliper
of 2 1/2 inches and they shall be nursery grown, of substantially
uniform size and shape, and have straight trunks. Trees shall be properly
planted and staked and provision made by the applicant for regular
watering and maintenance until they are established. Dead or dying
trees shall be replaced by the applicant during the next planting
season.
E.
Buffering and screening.
(1)
Function and materials. Buffering shall provide a
year-round visual screen in order to minimize adverse impacts from
a site on an adjacent property or from adjacent areas. It may consist
of fencing, evergreens, berms, rocks, boulders, mounds, or combinations
to achieve the stated objectives.
(2)
When required. All uses, other than single-family
detached and two-family detached dwellings and their accessory uses,
shall provide buffers along side and rear property lines which abut
areas zoned residentially or used for residential purposes. Buffering
shall also be required when topographical or other barriers do not
provide reasonable screening and when the Planning Board determines
that there is a need to shield the site from adjacent properties and
to minimize adverse impacts such as incompatible land uses, noise,
glaring light, and traffic. In dense developments, when building design
and siting do not provide privacy, the Planning Board may require
landscaping, fences, or walls to ensure privacy and screen dwelling
units. Where required, buffers shall be measured from property lines.
(a)
Buffer strips shall be 25 feet wide but need
not exceed 10% of the lot area. Where a twenty-five-foot wide buffer
is infeasible because of established development patterns, the board
may consider alternative designs that would create an effective buffer.
(b)
In addition to any required buffer, parking
areas, garbage collection, utility areas and loading and unloading
areas should be screened around their perimeter by a strip a minimum
five feet wide. This screening strip may be omitted when areas cited
are adjacent to a twenty-five-foot-wide buffer.
(c)
It is preferred that residential lots abut and
have access from local streets. When they must abut higher-order streets,
a landscaped buffer area shall be provided along the property line
abutting the road. The buffer shall have a minimum width equal to
the required front yard setback of the lot. The portion of the lot
within the buffer strip shall not be included in determining minimum
lot area. Yard setbacks shall be measured from the buffer strip limit.
(3)
Design. Arrangement of planting in buffers shall provide
maximum protection to adjacent properties and avoid damage to existing
plant material. Possible arrangements include planting in parallel,
serpentine, or broken rows. If planted berms are used, the minimum
top width shall be four feet, and the maximum side slope shall be
2:1.
(4)
Planting specifications. Plant materials shall be
sufficiently large and planted in such a fashion that a screen at
least eight feet high, occupying 50% of the width of the buffer strip,
shall be produced within three growing seasons. All plantings shall
be installed according to accepted horticultural standards.
(5)
Maintenance. Plantings shall be watered regularly
and in a manner appropriate for the specific plant species through
the first growing season, and dead or dying plants shall be replaced
by the applicant during the next planting season. No buildings, structures,
storage of materials, or parking shall be permitted within the buffer
area; buffer areas shall be maintained and kept free of all debris,
rubbish, weeds, and tall grass.
F.
Parking lot landscaping.
(1)
Amount required. In parking lots, at least 5% of the
interior parking area shall be landscaped with plantings, and one
tree for each five spaces shall be installed. Parking lot street frontage
screening and perimeter screening shall be a minimum of five feet
wide. Planting required within the parking lot is exclusive of other
planting requirements, such as for street trees.
(2)
Location. The landscaping should be located in protected
areas, such as along walkways, in center islands, at the end of bays,
or in diamonds between parking stalls. All landscaping in parking
areas and on the street parking lot is exclusive of other planting
requirements, such as for street trees.
(3)
Plant type. A mixture of hardy flowering and/or decorative
evergreen and deciduous trees may be planted; the area between trees
shall be planted with shrubs or ground cover or covered with mulch.
G.
Paving materials and walls and fences.
(1)
Paving materials. Design and choice of paving materials
used in pedestrian areas shall consider the following factors: cost,
maintenance, use, climate, characteristics of users, appearance, availability
with surroundings, decorative quality, and aesthetic appeal. Acceptable
materials shall include, but are not limited to, concrete, brick,
cement pavers, asphalt and stone.
(2)
Walls and fences shall be erected where required for
privacy, screening, separation, security, or to serve other necessary
functions.
H.
Street furniture.
(1)
Street furniture such as, but not limited to, trash
receptacles, benches, phone booths, etc., shall be located and sized
in accordance with their functional needs.
(2)
Street furniture elements shall be compatible in form,
material, and finish. Style shall be coordinated with that of the
existing or proposed site architecture.
(3)
Selection of street furniture shall consider durability,
maintenance, and long-term cost.
In order to ensure that future development is
designed to accommodate the recycling of solid waste, site plan, subdivision
applications shall adhere to the following:
A.
Materials designated in Borough of Atlantic Highlands Chapter 300, Solid Waste, Article V, Recycling, shall be separated from other solid waste by the generator, and a storage area for recyclable material shall be provided as follows:
(1)
For major applications, each single- or two-family
unit shall provide a storage area of at least 12 square feet within
each dwelling unit to accommodate a four-week accumulation of mandated
recyclables (including, but not limited to: newspaper, glass bottles,
aluminum cans, tin and bimetal cans). The storage area may be located
in the laundry room, garage, basement or kitchen.
(2)
For major applications, each multifamily unit shall
provide a storage area of at least three square feet within each dwelling
unit to accommodate a one-week accumulation of mandated recyclables
(including, but not limited to: newspaper, glass bottles, aluminum
cans, tin and bimetal cans). The storage area may be located in the
laundry room, garage, or kitchen. Unless recyclables are collected
on a weekly basis from each dwelling unit, one or more common storage
areas must also be provided at convenient locations within the development.
(3)
Each application for a nonresidential use which utilizes
1,000 square feet or more of land shall provide the Planning Board
with estimates of the quantity of mandated recyclable materials (including,
but not limited to: newspaper, glass bottles, aluminum cans, tin and
bimetal cans, high-grade paper, and corrugated cardboard) that will
be generated by the development during each week. A separated storage
area must be provided to accommodate a one-week to four-week's accumulation
of recyclable material. The Planning Board may require the location
of one or more common storage areas at convenient locations within
the development.
B.
Common storage or holding areas shall be designed to accommodate truck access and shall be suitably screened as required by § 150-85E(2). It is preferred that solid waste collection areas be adjacent to but separate from recyclable storage areas.
C.
The applicant shall submit sufficient details of the
solid waste and recyclables to be generated by any application to
allow the Planning Board to reach an affirmative conclusion that proposed
provisions are sufficient.
D.
The Planning Board, in the interpretation/enforcement
of this section, may seek and rely upon the opinions of the Director
of Public Works and/or the Municipal Recycling Coordinator.
Multidevelopment shall be required to provide
open space.
A.
Minimum requirements.
(1)
Amount of open space required. At least 30% of the
developable acreage of a tract proposed for development shall be set
aside as common open space.
(2)
Size of open space parcels. The area of each parcel
of open space designed for recreational purposes shall be of such
minimum dimensions as to be functionally usable.
(3)
Location of open space parcels. Open space parcels
should be convenient to the dwelling units they are intended to serve.
B.
Recreation improvements.
(1)
Passive recreation areas, such as pathways, seating
areas and lawns, shall be provided and suitably arranged in a multifamily
site.
(2)
Recreation areas shall be provided at the rate of
at least 250 square feet per dwelling unit. If a swimming pool area
or areas are to be installed, they are to include a pool of a size
at least equivalent to 15 square feet per unit, except no pool less
than 500 square feet will be allowed, and no pool greater than 3,000
square feet shall be required. An auxiliary building or buildings
providing for lavatories and storage shall also be erected in conjunction
with pools.
C.
Deed restrictions. Any lands dedicated for open space
purposes shall contain appropriate covenants and deed restrictions
approved by the Planning Board that ensure that:
(1)
The open space area will not be further subdivided
in the future.
(2)
The use of the open space will continue in perpetuity
for the purpose specified.
(3)
Appropriate provisions are made for the maintenance
of the open space.
(4)
Common undeveloped open space shall not be turned
into a commercial enterprise admitting the general public at a fee.
D.
Open space ownership. The type of ownership of land
dedicated for open space purposes shall be selected by the owner,
developer, or subdivider, subject to the approval of the Planning
Board. Type of ownership may include, but is not necessarily limited
to, the following:
(1)
The municipality, subject to acceptance by the governing
body.
(2)
Other public jurisdictions or agencies, subject to
their acceptance.
(3)
Quasi-public organizations, subject to their acceptance.
(4)
Homeowner, condominium, or cooperative associations
or organizations.
(5)
Shared, undivided interest by all property owners
in the subdivision.
E.
Homeowners' association. If the open space is owned
and maintained by a homeowner or condominium association, the developer
shall file a declaration of covenants and restrictions that will govern
the association, to be submitted with the application for the preliminary
approval. The provisions shall include, but are not necessarily limited
to, the following:
(1)
The homeowners' association must be established before
the homes are sold.
(2)
Membership must be mandatory for each home buyer and
any successive buyer.
(3)
The open space restrictions must be permanent, not
just for a period of years.
(4)
The association must be responsible for liability
insurance, local taxes, and the maintenance of recreational and other
facilities.
(5)
Homeowners must pay their pro rata share of the costs;
the assessment levied by the association shall become a lien on the
property and be so stated in the master deed establishing the homeowners'
association.
(6)
The association must be able to adjust the assessment
to meet changed needs.
F.
Maintenance of open space areas.
(1)
In the event that a nonmunicipal organization with
the responsibility for the open space fails to maintain it in reasonable
order and condition, the Borough Council may serve written notice
upon such organization or upon the owners of the development setting
forth the manner in which the organization has failed to maintain
the open space in reasonable condition, and said notice shall include
a demand that such deficiencies of maintenance be remedied within
35 days thereof and shall state the date and place of a hearing thereon
which shall be held within 15 days of the notice.
(2)
At such hearing, the Borough Council may modify the
terms of the original notice as to deficiencies and may give a reasonable
extension of time not to exceed 65 days within which they shall be
remedied. If the deficiencies set forth in the original notice or
in the modification thereof shall not be remedied within said 35 days
or any permitted extension thereof, the municipality, in order to
preserve the open space and maintain the same, may enter and maintain
such land for a period of one year. Said entry and maintenance shall
not vest in the public any rights to use the open space except when
the same is voluntarily dedicated to the public by the owners. Before
the expiration date of said year, the Borough Council shall, upon
its initiative or upon the request of the organization theretofore
responsible for the maintenance of the open space, call a public hearing
upon 15 days' written notice to such organization and to the owners
of the development, to be held by the Borough Council at which hearing
such organization and the owners of the development shall show cause
why such maintenance by the municipality shall not, at the election
of the municipality, continue for a succeeding year. If the Borough
Council shall determine that such organization is ready and able to
maintain said open space in reasonable condition, the municipality
shall cease to maintain said open space at the end of said year. If
the Borough Council shall determine such organization is not ready
and able to maintain said open space in a reasonable condition, the
municipality may, in its discretion, continue to maintain said open
space during the next succeeding year, subject to a similar hearing
and determination, in each year thereafter. The decision of the municipal
body or officer in any such case shall constitute a final administrative
decision subject to judicial review.
(3)
The cost of such maintenance by the municipality shall
be assessed pro rata against the properties within the development
that have a right to enjoyment of the open space in accordance with
assessed value at the time of imposition of the lien and shall become
a lien and tax on said properties and be added to and be a part of
the taxes to be levied and assessed thereon, and shall be enforced
and collected with interest by the same officers and in the same manner
as other taxes.
