[Amended 7-8-1991 by Ord. No. 20-91; 4-11-1994 by Ord. No. 4-94; 7-11-1994 by Ord. No. 21-94; 4-22-1996 by Ord. No. 8-96; 3-9-1998 by Ord. No.
4-98; 2-11-2002 by Ord. No. 1-2002]
A.
Minor subdivision plats. The plat shall be designed and drawn by
a licensed New Jersey land surveyor and shall be based on tax map
information or some other similarly accurate base at a scale of not
less than 50 feet to one inch, or as approved by the Borough Engineer,
so as to enable the entire tract to be shown on one sheet. The plat
shall show or include the following information:
(1)
The location of that portion which is to be subdivided in relation
to the entire tract.
(2)
All existing structures within the portion to be subdivided and within
60 feet thereof.
(3)
The name of the owner and of all adjoining property owners as disclosed
by the most recent tax records.
(4)
The tax map sheet, block and lot numbers.
(5)
All streams within or bordering upon the subdivision.
(6)
The zone of the tract and all zone district boundary lines within
100 feet thereof.
(7)
The accurate location of storm drains, sanitary sewers, water lines,
gas lines, telephone conduits, utility easements and bridges.
(8)
Front, side and rear setback lines.
(9)
Plans and profiles of any proposed improvements.
(10)
Tract boundary lines, right-of-way lines of streets, street
names, easements and other rights-of-way within or bordering the subdivision,
land to be dedicated to or reserved for public use, all lot lines
and other site lines, with accurate dimensions, bearings or deflection
angles, radii arc and central angles of all curves.
(11)
The purpose of any easement or land reserved or dedicated to
public use and the proposed use of lots other than residential, if
known.
(12)
The zoning requirements for the zone and what is proposed.
B.
Plats and plans for preliminary approval. The following information
shall accompany any proposed subdivision or site plan submitted for
preliminary approval:
(1)
The preliminary plat or plan shall be clearly and legibly drawn or
reproduced at a scale of not less than 50 feet to one inch or as approved
by the Borough Engineer and shall show or be accompanied by the following:
(a)
A title block showing the following information:
[1]
Title.
[2]
Date of original preparation and date(s) of modification(s).
[3]
North arrow and reference meridian.
[4]
Ratio scale and graphic scale.
[5]
Tax map block, lot numbers and zone.
[6]
Name, address and license number of the person preparing the
plat or plan.
[7]
Name and address of the owner of record and the applicant, if
different from the owner.
(b)
Where more than one sheet is required, the above information
shall appear on each sheet and all sheets shall be appropriately labeled,
numbered and bound.
(2)
The plat or first sheet of the series of plats submitted for preliminary
approval shall contain, in addition to the above, the following:
(a)
A key map at a scale of one inch equals 500 feet or less.
(b)
The names and addresses, lot and block numbers of all properties
within 200 feet of the tract boundary line.
(c)
Signature blocks for the Board Chairman, Board Secretary and
Borough Engineer.
(d)
The location of all structures within 200 feet of the property.
(e)
The zoning requirements for the zone and what is proposed.
(3)
For subdivisions, contour lines at vertical intervals not greater
than five feet for land with natural slopes of 10% or greater and
at vertical intervals of not greater than two feet for land with natural
slopes of less than 10%.
(4)
For site plans, a topographical map showing, at two-foot contour
intervals, existing elevations and proposed grading changes.
(5)
The location of existing watercourses and any natural features, such
as wooded areas and rock formations. For site plans of five acres
or more, the following additional information must be shown on the
topographical map: general hype and location of existing vegetation,
waterways and water bodies, unique natural features and soil types
and delineations based on the Morris County Soil Conservation District
maps.
(6)
The area of the tract to be subdivided or developed in square footage
and the location, lot area, width and depth of any existing lots or
lots proposed to be subdivided.
(7)
Location of all existing and proposed buildings, with building setbacks,
side and rear yard distances.
(8)
A stormwater management plan meeting the requirements of Article VI and showing the location, type and size of any existing and proposed bridges, culverts, drainpipes, catch basins and other storm drainage facilities.
(10)
A circulation plan showing proposed vehicle, bicycle and pedestrian
circulation systems. The plan shall include the locations, typical
cross sections, centerline profiles and type of paving for all proposed
new streets and paths.
(11)
Plans of proposed potable water and sanitary sewer utility systems
showing feasible connections to an existing or any proposed system.
If a public water supply or sanitary sewer system is available, the
owner shall show appropriate connections thereto on the plat or plan.
When a public sewage disposal system is not available, the developer
shall have percolation tests made and shall submit the results, approved
by the Borough Board of Health, with the preliminary plat or plan.
(12)
Location of any proposed off-street parking areas with dimensions
showing parking spaces, loading docks and access drives and a traffic
circulation pattern showing all ingress and egress to the site.
(13)
A Master Signing Plan meeting the requirements of § 195-25L(4)(b).
(14)
Provision for storage and disposal of solid wastes.
(15)
For site plans, the preliminary floor plans and preliminary
building elevation drawings showing all sides of any proposed building
or buildings. The final floor plans and building elevation drawings
submitted to the Construction Code Official for issuance of a building
permit shall conform to the preliminary plans and drawings approved
by the Board. No change, deletion or addition shall be made to said
final plans and drawings without resubmission and reapproval by the
Board.
(16)
All proposed landscaping, fences, walls, hedges or similar facilities.
The landscaping plan shall show in detail the location, size and type
of all plant material, including ground cover, to be used on the site.
(17)
A copy of any protective covenants or deed restrictions applying
to the land being subdivided or developed and a notation on the plat
or plan of any easements required by the Board. Said easements may
include, but are not necessarily limited to, utility lines, public
improvements and ingress and egress for emergency vehicles.
(18)
A copy of such guaranties, covenants, master deed or other document
which shall satisfy the requirements of the Board for the construction
and maintenance of any proposed common areas, landscaping, recreational
areas, public improvements and buildings.
(19)
Where appropriate, the plat or plan shall indicate provisions
for energy conservation.
(20)
A list of all licenses, permits or other approvals required
by law.
(21)
For any subdivision of six or more lots, or for a variance to
construct a multiple dwelling of 25 or more dwelling units, or for
site plan approval of any nonresidential use, a corporation or partnership
shall list the names and addresses of all stockholders or individual
partners owning at least 10% of its stock of any class or at least
10% of the interest in the partnership, as the case may be.
(22)
If a corporation or partnership owns 10% or more of the stock of a corporation or ten-percent-or-greater interest in a partnership, subject to disclosure pursuant to Subsection B(21), that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of ten-percent-or-greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners, exceeding the ten-percent ownership criterion have been listed.
(23)
A preliminary environmental checklist shall be completed for all
site plan applications and for all subdivision applications that involve
new construction.
[Added 7-12-2021 by Ord. No. 31-2021]
C.
Environmental impact assessment. The Board may require the applicant
to submit an environmental impact assessment as part of preliminary
approval if, in the opinion of the Board, the development could have
an adverse effect on the environment. Where an environmental impact
assessment is required, in whole or in part, the Planning Board shall
submit the environmental impact report, together with the site plan
and any other pertinent documents to the Madison Environmental Commission
for review. The Environmental Commission shall make a report thereon
to the Planning Board within 30 days following the transmittal of
the report and exhibits to the Environmental Commission. The environmental
impact assessment shall address the following:
(1)
A project description, which shall specify what is to be done and
how it is to be done during construction and operation.
(2)
An inventory of existing environmental conditions at the project
site and in the surrounding region which shall describe air quality,
water quality, water supply, hydrology, geology, soils and properties
thereof, including capabilities and limitations, sewerage systems,
topography, vegetation, wildlife habitat, aquatic organisms, noise
characteristics and levels, demography, land use, aesthetics, history
and archaeology. Air and water quality shall be described with reference
to standards promulgated by the Department of Environmental Protection
of the State of New Jersey, and soils shall be described with reference
to criteria contained in the Morris County Soil Conservation District
Standards and Specifications.
(3)
An assessment of the probable impact of the project upon all topics set forth in Subsection C(2) above.
(4)
A listing and evaluation of adverse environmental impacts which cannot
be avoided, with particular emphasis upon air and water pollution,
including sedimentation and siltation, increase in noise, damage to
plant, tree and wildlife systems; damage to natural resources; displacement
of people and businesses; increase in municipal services and consequences
to the municipal tax structure. Off-site and off-tract impact shall
also be set forth and evaluated.
(5)
A description of steps to be taken to minimize adverse environmental
impacts during construction and operation, both at the project site
and in the surrounding region. Such description shall be accompanied
by necessary maps, schedules and other explanatory data as may be
needed to clarify and explain the actions to be taken.
(6)
A statement concerning any irreversible and irretrievable commitment
of resources which would be involved in the proposed action, should
it be implemented.
(7)
For government projects, a statement of alternatives to the proposed
project which might avoid some or all of the adverse environmental
effects, including a no-action alternative.
D.
(Reserved)
E.
Plats and plans for final approval.
(1)
The final plat or plan shall be drawn at a scale of not less than
50 feet to one inch, or as approved by the Borough Engineer, and in
compliance with the provisions of the Map Filing Law.[1] The size of the map shall be in accordance with the Map
Filing Act but preferably 24 by 36 inches. The final plat or plan
shall show or be accompanied by the following:
(b)
Tract boundary lines, right-of-way lines of streets, street
names, easements and other rights-of-way, land to be reserved or dedicated
to public use, all lot lines and other site lines, with accurate dimensions,
bearings or deflection angles, radii arcs and central angles of all
curves.
(c)
The purpose of any easement or land reserved or dedicated to
public use and the proposed use of sites other than residential.
(d)
The front, side and rear building setback lines.
(e)
Improvement plans in accordance with the Borough standards for
roads and water and sewer improvements.
(f)
Plans and profiles of storm and sanitary sewers and water mains.
(g)
All additional information, changes or modifications required
by the Board at the time of preliminary approval.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2)
The application for final approval of a major subdivision or site
plan shall also be accompanied by:
(a)
A statement from the Borough Engineer that all improvements
required by the Board on preliminary approval have been installed
in compliance with all applicable laws.
(c)
Proof that all taxes and assessments for local improvements
on the property have been paid.
(d)
If the required improvements have been installed, the application
for final approval shall be accompanied by a statement from the Borough
Clerk that a satisfactory maintenance bond has been posted.
In reviewing any application for development, the Board shall
consider the following standards. Where applicable, the residential
site improvement standards (RSIS), as amended from time to time, shall
apply.
A.
The Board shall consider pedestrian and vehicular traffic movement
within and adjacent to a lot or tract with particular emphasis on
the provision and layout of parking areas, off-street loading and
unloading, movement of people, goods and vehicles from access roads,
within the lot or tract, between buildings and between buildings and
vehicles. In site plans, the Board shall determine which roads shall
be public and which shall remain private.
B.
The Board shall ensure that all parking areas are landscaped and
spaces are usable and are safely and conveniently arranged. Access
to a lot or tract from adjacent roads shall be designed so as to interfere
as little as possible with traffic flow and to permit vehicles a safe
ingress to and egress from the lot or tract.
C.
The circulation plan of each development shall reflect the Master
Plan's circulation plan element. Private and public transit facilities
shall be clearly defined and delineated. Major access improvements
in critical environmental areas shall be discouraged. The location
and provision of bikeways, sidewalks and other pedestrian linkages
shall be encouraged and clearly indicated.
D.
Applicants shall be encouraged to develop and implement mass transit
programs and to minimize the use of private automobiles wherever possible.
These programs may include the use of company buses to connect tracts
with rail and other public transit, use of vans, car-pooling, construction
of bike paths and bike storage areas and construction of convenient
bus pickup and drop-off points. In order to minimize peak-hour traffic
impacts, applicants shall encourage staggered starting and quitting
times and changes in work hours where appropriate and include the
details within the application to the Board.
A.
The design and layout of buildings and parking areas shall be aesthetically
pleasing and provide for efficient arrangement. Particular attention
shall be given to energy conservation, safety and fire protection
and impact on surrounding development. Architectural design shall
be compatible with the environmental and natural characteristics of
the tract and the surrounding neighborhood.
B.
In order to promote the general welfare and with a view of encouraging
the most appropriate use of land throughout the Borough of Madison,
no permit shall be issued by the Construction Official for the construction
or alteration of a building, structure or addition thereto, or for
any use of land when such construction or use will adversely affect
the use and enjoyment of adjacent or nearby property or the health
and welfare of residents in the Borough.
C.
Fire escapes shall be constructed only against the side or rear wall
of a building and shall be located and/or screened so as not to detract
from the appearance of such buildings.
D.
Layout of a single-family or multifamily dwelling not requiring Board
approval shall still be required to submit an individual lot grading
plan to the Borough Engineer for purposes of calculating building
height and compliance with other standards regarding general protection
and welfare of the public. The plan must include information concerning
grades, building location, building height, first-floor elevation,
coverage and such other information as may be required, not limited
to decks, driveways, patios, walls, drainage, drywells, accessory
structures, equipment, screening, etc.
E.
Guidelines
for development in the GVRSU District, Sub-Zone II.
[Added 12-13-2010 by Ord. No. 57-2010]
(1)
Purpose and intent.
(a)
The purpose of these standards and guidelines is to ensure that
all development within the district gives due consideration to the
historic, physical, visual and spatial character and scale of the
area in which it is located.
(b)
These standards and guidelines are intended to preserve and
enhance the district's unique setting and context, to maintain or
improve upon pedestrian access and circulation, and to guide and encourage
rehabilitation and new construction that is compatible with traditional
form and scale.
(c)
The physical, visual and spatial characteristics of the district
context shall be maintained and reinforced through the consistent
use of compatible urban design and architectural design elements.
Such elements shall relate the design characteristics of an individual
structure or development to other existing and planned structures
or developments in a harmonious and integrated manner, resulting in
a coherent overall development pattern and streetscape.
(2)
Applicability.
(a)
These standards and guidelines shall be applicable to any project
requiring subdivision, variance and/or site plan approval. The design
standards and guidelines shall be applied concomitantly with the applicable
use and bulk regulations of the district, as well as with other standards
within this chapter. Where the standards conflict, the more restrictive
requirement shall govern. These standards are not, however, a substitute
for any required review or approval by Madison's Historic Preservation
Commission in any historic district.
(b)
The scope of the standards and guidelines includes exterior
aspects of the rehabilitation of existing structures, additions to
existing structures, and construction of new buildings, as well as
site design and improvements.
(c)
These standards and guidelines shall be used by the reviewing
board in reviewing the materials provided as part of any site plan,
variance or subdivision approval request.
(3)
Modifications and exceptions.
(a)
Modifications or exceptions to the design guidelines and standards
contained in this section may be approved by the Board, provided the
applicant has met the criteria for exceptions pursuant to N.J.S.A.
40:55D-51 and can provide testimony that the resulting change will
conform to all of the following:
(4)
District design standards and guidelines.
(a)
Context, continuity, massing and scale.
[1]
Individual development plans shall be evaluated
in relation to the surrounding physical context, including the existing
design features of the streetscape or neighborhood.
[2]
Individual development plans shall reflect a sense
of continuity with the dominant design features of their physical
context. Continuity can be achieved through scale, through careful
facade composition, (e.g., fenestration, cornice or soffit line, or
floor-to-floor elevation), through the use of related materials, through
site details (e.g., street trees, decorative lamp posts, textured
sidewalk) or by other means.
[3]
In those cases where there is no consistent pattern
of streetscape or buildings abutting a development application or
where that pattern is inconsistent with these guidelines, the applicant
is encouraged to view its application as an opportunity to establish
the future context for the area.
[4]
Buildings located at the borders or edges of the
district shall mark the transition into and out of the district in
a distinct fashion, using massing, height extensions, contrasting
materials and/or architectural embellishments to obtain this effect.
[5]
Individual development plans shall be designed
to facilitate pedestrian circulation, both external and internal,
in particular between parking facilities and sidewalks. Safe and attractive
mid-block linkages are also encouraged, as are barrier-free connections.
[6]
Focal points, or points of visual termination,
shall generally be occupied by structures with distinctive architectural
treatments. Applicants may also submit plans in which building voids
or natural features, such as a plaza or a park, act as points of visual
termination.
[7]
The layout, materials and details used in the treatment
of exterior spaces shall be selected to enhance their immediate surroundings.
Exterior spaces shall be functional and provide visual and/or physical
amenities for their users, including, but not limited to, textured
paving, landscaping, lighting, street trees, benches, bicycle racks,
trash receptacles and other items of street furniture, as appropriate.
[8]
Structures shall be considered in terms of their
relationship to the height and massing of surrounding structures,
as well as in relation to the human scale. Structures shall maintain
an appropriate scale in relation to neighboring structures and implement
external architectural details that maintain a human scale.
(b)
Building orientation, design and architectural treatment.
[1]
Orientation and spacing.
[a]
Buildings' principal orientation shall be towards
and relate to public streets, both functionally and visually. Buildings
shall not be oriented to front parking lots.
[b]
In a sequence of structures along a street, the
spacing between them (sidewall to sidewall) is an important element
in defining the observer's perception of rhythm. New structures shall
reflect the existing rhythm or, in the absence of a clear rhythm,
shall better define it. In new development, a sequence of structures
shall seek to establish a spacing rhythm that is related to the scale
of the individual buildings, their height, the composition of the
facade and the width of the street.
[2]
Architectural style.
[a]
A diversity of architectural styles adds interest
to a streetscape or district. No particular architectural style is
preferred outside of local historic districts, and both contemporary
contributions and reinterpretations of older architectural styles
with a contemporary flavor may be acceptable. However, a diversity
of appearance in facades shall be counterbalanced with continuity
in massing, wall line, verticality and spacing.
[b]
In rehabilitations of older buildings in the district,
distinctive stylistic features or characteristic examples of skilled
craftsmanship shall be treated with sensitivity. If deteriorated,
these architectural features shall be restored rather than replaced,
wherever possible. In the event replacement is necessary, the new
material shall match that being replaced in composition, design, color,
texture and other visual qualities, to the maximum extent possible.
[c]
The surface cleaning of older structures shall
be undertaken with the gentlest means possible. Sandblasting and other
cleaning methods that damage original material are prohibited.
[d]
A contemporary flair in alteration and additions
to existing properties shall not be discouraged, provided respect
for the significant features of the original structure is demonstrated,
as well as compatibility.
[3]
Multiple uses, ground floor retail emphasis and/or
storefronts.
[a]
Storefronts, display windows and other ground floor
openings shall be accentuated through fenestration and architectural
treatment. Storefronts shall maintain consistency with upper floors
in terms of composition, materials, style and detailing.
[b]
Ground floor display windows shall be oriented
to the public street rather than designed with an inward, internal
orientation.
[c]
In the rehabilitation of older buildings, the traditional
storefront elements such as entrances, transoms, kickplates, corner
posts, signs and display windows shall be maintained, whenever possible,
and replicated in new buildings that are seeking to echo the area's
historic context.
[d]
Retail sales and service uses shall have large
pane display windows on the ground level. Such windows shall be framed
by the surrounding wall.
[e]
The maximum size of a ground floor retail trade,
retail service or food service establishment shall not exceed 6,500
square feet of gross floor area.
[4]
Massing and scale.
[a]
Buildings shall avoid long, uninterrupted wall
or roof planes. Building wall offsets, including both projections
and recesses, shall be required, in order to provide architectural
interest and variety and relieve the visual effect of a single, long
wall on large buildings. Similarly, roofline offsets shall be provided,
in order to provide architectural interest and variety to the massing
of a building and relieve the effect of a single, long roof.
[b]
Larger buildings shall reduce the appearance of
bulk through recesses, offsets, changes of plane, stepped terraces
or other devices which break up and articulate building mass. Vertical
design components should also be considered.
[c]
Buildings shall be massed to reinforce street space
and shall exhibit a continuity of facade lines, building heights sensitive
to adjacent structures and a scale of design features consistent with
surrounding buildings.
[d]
Infill and additions.
[i]
Infill development in the district shall consider the height
of the existing, surrounding buildings.
[ii]
Extensions of existing buildings, particularly
those with architectural character, shall require careful attention.
Additions that overpower or conflict with the original architecture
shall not be permitted. Additions which maintain a sense of continuity,
through setbacks, compatible colors and materials and similar geometric
relationships, are encouraged.
[5]
Facades.
[a]
All visible facades of a building shall be architecturally
emphasized through manipulation of the elements of modulation and
composition. The architectural treatment of the front facade shall
be continued around all visibly exposed sides of a building.
[b]
All sides of a building shall be architecturally
designed to be consistent with regard to style, materials, colors
and details.
[c]
Facades shall be balanced and proportional in including
both vertical and horizontal design elements that relate to the human
scale.
[d]
Solid metal security gates or solid roll-down metal
windows are prohibited.
[6]
Fenestration.
[a]
Fenestration shall be architecturally compatible
with the style, materials, colors and detail of a building. Windows
shall be vertically proportioned wherever possible. To the extent
possible, the location of windows on the upper stories of a building
shall be vertically aligned with the location of windows and doors
on the ground level, including storefronts or display windows.
[b]
In buildings designed in an architectural style
that normally has windows with muntins or divided lights, these shall
be required, and they must be externally attached on both sides on
the ground floor level.
[c]
In the rehabilitation of older buildings, original
windows and doors shall be maintained both in number, size, location
and expression. In particular, the expression defined by lintel, frame,
sill and head shall be maintained if the original window is replaced
by one of modern design.
[d]
Windows shall be required at ground floor level
with total fenestration at ground level a minimum of 60% along all
exposed facades.
[e]
Blank wall or service area treatment of side and/or
rear elevations visible from the public viewshed shall not be permitted.
[7]
Materials, colors and details.
[a]
All materials, colors and architectural details
used on the exterior of a building shall be compatible with the building's
style, as well as with each other. A building designed in an architectural
style that normally includes certain integral materials, colors and/or
details shall incorporate them into its design.
[b]
Exterior building materials shall be selected to
convey a sense of dignity and permanence to the building. Natural
materials and natural colors are preferred except in cases where architectural
style dictates a more varied color scheme.
[c]
The use of metal or glazed curtain walls, Dryvit
panels, mirrored and/or heavily tinted glass, plastic panels, thin
veneers, exposed concrete block, aluminum or vinyl siding or other
artificial materials as exterior building materials is prohibited.
[d]
In renovations, the original materials should be
retained and repaired, if possible, or replaced with matching materials,
if beyond repair. Unpainted brick should not be disturbed, and masonry
facades should not be covered or replaced with artificial siding or
panels. In cases where the original facade has been modified, these
materials should be replaced to match the original materials, where
possible.
[8]
Roofs.
[a]
The type, shape, pitch, texture and color of a
roof shall be considered as an integral part of the design of a building
and shall be architecturally compatible with the building's style,
materials, colors and details.
[b]
Roof pitch shall be considered as a function of
context and building height. Roof pitch shall be a minimum of 8/12
for gable roofs and 6/12 for hip roofs. Flat roofs are permitted on
buildings of a minimum of two stories in height, provided all visibly
exposed walls have an articulated cornice that projects out horizontally
from the vertical building wall plane. Hip or gable roofs are permitted
where appropriate to the building type and compatible with the surrounding
area. Other types of roofs are permitted if appropriate to the building's
architecture.
[c]
Architectural embellishments that add visual interest
to roofs, such as dormers, belvederes, masonry chimneys, cupolas,
clock towers and other similar elements are encouraged, provided they
are architecturally compatible with the building.
[d]
In the rehabilitation of older buildings, the design
and pitch of the original roof shall be maintained, along with other
functional and/or decorative elements such as cornices, dormers, gutters,
cupolas and flashing. Replacements shall match as closely as possible
the original element in color, material, size and design.
[e]
Green or vegetative roofs are strongly encouraged
as is the incorporation of any type of rooftop landscaping features.
[9]
Awnings and canopies.
[a]
Fixed or retractable awnings are permitted at ground
floor level, and on upper levels where appropriate, provided they
complement a building's architectural style and are compatible with
its materials, colors and details.
[b]
Canvas is the preferred material, although other
waterproofed fabrics may be considered. Metal, aluminum or vinyl awnings
are prohibited.
[c]
Awnings shall not be placed so as to conceal any
significant architectural feature or detail.
[d]
Waterfall-type awnings are prohibited.
[e]
Particular attention shall be taken with selection
of the appropriate supporting structure and hardware, as well as with
the location and method by which it is attached to the building facade.
Ground-mounted supports are prohibited.
[f]
In buildings with multiple storefronts, compatible
awnings should be used as a means of unifying the structure.
(c)
Parking and access.
[1]
Location and access.
[a]
Parking shall be provided along curbs, in structures
or in surface lots, preferably interconnected and shared.
[b]
Surface parking lots shall be located to the rear
of buildings to the maximum extent possible and shall be prohibited
in any front yard area. The visual impact to adjacent properties and
to the public right-of-way shall be minimized.
[c]
Vehicular access shall, to the extent feasible,
be obtained from side streets and curb cuts minimized along major
streets.
[d]
Shared access and connections between parking areas
are encouraged to facilitate traffic flows between adjacent developments
and to minimize access points along major streets.
[2]
Parking lot design and landscaping.
[a]
Site plans shall balance the functional requirements
of parking with the provision of pedestrian amenities. Transition
areas between parking and commercial or residential uses shall be
designed with textured paving, appropriate pedestrian walkways and
crosswalk treatment, landscaping and street furniture to clearly demarcate
pedestrian flows and to protect pedestrian safety.
[b]
Parking lot layout and orientation of parking with
respect to proposed buildings shall reflect pedestrian needs, accessibility
and safety.
[c]
Parking lot layout, landscaping, buffering and
screening shall prevent direct views of parked vehicles by the public,
minimize spill-over light, glare, noise or exhaust fumes onto adjacent
properties, in particular residential properties, and provide the
parking area with a reasonable measure of shade.
[d]
The interior of all parking lots shall be landscaped
to provide shade and visual relief. This is best achieved by protected
planting islands or peninsulas within the parking lot. A minimum of
one deciduous shade tree shall be planted for every 10 parking spaces.
[3]
Parking structures.
[a]
The exterior of parking structures shall follow
these design standards for composition and respect for context. Brick
or other masonry materials are recommended for the exterior walls.
Long, blank expanses of walls shall not be permitted. Parking structure
facades shall present at least 80% solid wall area. Use of architectural
details and landscaping to screen the structure are encouraged. If
part of a larger building, a parking structure shall be fully integrated
in terms of materials, colors, style and openings.
[b]
In order to enhance the continuity of the streetscape
and minimize blank walls, parking structures are strongly encouraged
to incorporate ground floor retail and service uses along any frontage
facing onto a public right-of-way, including pedestrian walkways.
If a parking structure is set back from the property line, landscaping
with trees, shrubs and/or climbing plants shall be provided. Planters
and green vegetative walls are encouraged, both along ground floor
and upper levels, in order to soften the edges and openings.
[c]
Vehicular access to parking structures shall be
achieved from side streets, although direct pedestrian connections
to the primary street shall be provided; vehicular entrances and exits
shall not be overly emphasized, shall be architecturally integrated
into the building and shall protect pedestrian traffic at street level.
(d)
Landscaping, lighting and signage.
[1]
Landscaping.
[a]
Landscaping shall be required in accordance with
a plan conceived for each site as a whole. All areas of a site not
occupied by buildings, parking lots, other improvements or textured
paving shall be planted with trees, shrubs, hedges, ground covers
and/or grasses. Perennials and annuals are encouraged. Landscaping
shall be integrated with other functional and ornamental site design
elements, where appropriate, such as recreational facilities, ground
paving materials, paths and walkways, trellises, pergolas and gazebos,
fences and walls, street furniture, art and sculpture.
[b]
Plant suitability, including use of native plants,
regular maintenance programs, including replacement as needed, and
compatibility with site and construction features shall be required
in the design of landscaping.
[c]
Shade trees shall be provided along each side of
all streets, public or private, existing or proposed. On streets where
healthy and mature shade trees currently exist they shall be protected
and preserved, and the requirements for providing new trees may be
waived or modified.
[d]
Shade trees shall have a minimum caliper of 3.50
inches at time of planting and a maximum spacing of 30 feet on center,
with exact spacing to be evaluated on a site-specific basis.
[e]
Shade tree species shall be reviewed and approved
by the Shade Tree Management Board.
[f]
Landscape plans shall be prepared by a certified
landscape architect or certified professional in the field for building
additions/renovations or new construction of 1,000 square feet of
gross floor area or more.
[2]
Lighting.
[a]
Streets and sites shall provide adequate lighting,
while minimizing adverse impacts, such as glare and overhead sky glow,
on adjacent properties and the public right-of-way.
[b]
The exterior of a site, as well as parking areas,
driveways and interior walkways, shall provide pedestrian-scale decorative
lamp posts, spaced at regular intervals.
[c]
Lighting fixtures shall be compatible with the
building's style.
[d]
Lights shall be concealed through shielding or
installed behind features to eliminate glare and spillage.
[3]
Signage.
[a]
Master signage plans are required per § 195-34B(2). Signs affixed to the exterior of a building shall be architecturally compatible with the style, composition, materials, colors and details of the building, as well as with other signs used on the building or in its vicinity.
[b]
Signs shall fit within the existing facade features
and shall not interfere with door and window openings, conceal any
architectural details or obscure the composition of the facade where
they are located.
[c]
In older buildings, signs shall be placed on a
facade only in an historically appropriate fashion. Signs applied
to masonry surfaces should be mechanically fastened to mortar joints
only and not directly into brick or stone.
[d]
Wood and painted metal are the preferred materials
for signs. Flat signs should be framed with raised edges. Signs using
wood shall use only high-quality exterior grade finishes.
[e]
Sign colors should be limited in number and compatible
with the colors of the building facade and of nearby signs.
[f]
Internally illuminated signs, including backlit
channel lettering affixed directly to a building facade, are discouraged.
(e)
Other standards.
[1]
Street furniture and utility boxes.
[a]
Elements of street furniture, such as benches,
waste containers, planters, bicycle racks and bollards should be carefully
selected to ensure compatibility with the character of the area and
the site. Consistency in the location of the various elements of street
furniture is critical for maximum effect and functional usage.
[b]
Utilitarian elements such as utility boxes should
be concealed and screened from public view.
[2]
Pedestrian circulation, sidewalks and walkways.
[a]
Walkway design shall promote pedestrian activity
and safety within each site and throughout the district; walkways
shall be separate and distinct from motor vehicle circulation to the
greatest extent possible, provide a pleasant route for users and promote
pedestrian safety.
[b]
Walkways shall be constructed of brick, slate,
colored/textured concrete pavers or slabs, or some combination thereof
that is compatible with the style, materials, colors and details of
the surrounding buildings as well as with the public sidewalks.
[3]
Walls and fences.
[a]
Walls and fences shall be designed to create visual
interest, define space, differentiate public, semi-public and private
space, provide a sense of enclosure and guide pedestrian circulation,
as well as for ornamental functions
[b]
Walls and fences shall be made of durable materials
and shall be compatible in style, materials and color with the surrounding
buildings. Brick walls with a stone or cast stone cap are encouraged.
Board-on-board-type wooden fences, with reinforced corners and entrance
poles, are permitted in rear and side yards only. Chain-link, split
rail, highway-style guard rail, stockade or contemporary security
fencing such as barbed wire or razor wire are prohibited. Landscaping
and creative use of materials are encouraged to improve the appearance
of walls.
[4]
Design and screening of loading areas and mechanical
equipment.
[a]
Loading areas and their driveways shall be effectively
screened from adjacent properties and from the public right-of-way
through a combination of walls, fences and landscaping. Screening
and landscaping shall also mitigate spill-over glare, noise or exhaust
fumes generated by loading activities.
[b]
All air-conditioning units, HVAC components, mechanical
systems exhaust pipes or stacks, elevator or stair bulkheads and other
similar appurtenances shall be thoroughly screened from public view
by using walls, roof elements, penthouse-type screening devices or
landscaping that are architecturally compatible with the style, materials,
colors and details of the building.
A.
Environmental elements relating to prevention of soil erosion, protection
of significant vistas or views, preservation of trees and protection
of watercourses, resources, topography, soil and animal life shall
be reviewed, and the design of the plan shall minimize any adverse
impact on these elements.
B.
Madison's Natural Resource Inventory's data and environmental impact
information shall be used in reviewing the design of the development
in areas having critical environmental constraints.
A.
Continued use of historic sites through adaptive reuse should be
encouraged.
B.
Appropriate alterations of historic sites and improvements within
historic districts shall be encouraged, while new construction which
is not in keeping with the character of historic districts and sites
shall be discouraged.
A.
Landscaping shall be provided as part of any overall site plan design
and integrated into building arrangements, topography, parking and
buffering requirements. Landscaping includes trees, bushes, shrubs,
ground cover, perennials, annuals, plants, sculpture, art and/or the
use of building and paving materials in an imaginative manner.
B.
The existing sense and appearance of any natural scenic qualities
on a tract shall be retained by the careful placement of buildings
and improvements.
A.
Buffering shall be located to minimize headlights of vehicles, noise,
light from structures, the movement of people and vehicles and to
shield activities from adjacent properties when necessary. Buffering
may include but not be limited to fencing, walls, evergreens, shrubs,
landscaping, berms, rocks, boulders, open space, ponds, steep slopes,
deciduous trees or combinations thereof to achieve the stated objectives.
B.
Extensive buffering shall be required where intensive land uses abut
less intensive uses. Existing natural vegetation, if appropriate for
the above stated purposes, shall be retained.
A.
Open space shall be provided as part of a site plan and shall serve
as a buffer and/or help integrate buildings and uses. Undeveloped
open space should have as a prime objective the preservation of a
tract's natural amenities and vistas. Ponds, rock outcroppings, wooded
areas, steep slopes, ravines and streambeds are prime lands recommended
for undeveloped open space.
B.
Open spaces shall be so located as to provide for maximum usability
and to create a harmonious relationship between buildings.
A.
Signs shall be designed so as to be aesthetically pleasing, coordinated
with other signs on the site through a master signage plan and located
so as to achieve their purpose without constituting hazards to vehicles
and pedestrians.
B.
Design theme. There should be a coordinated graphics design theme
throughout any site plan. The design theme shall include style and
size of lettering, construction materials, colors, location, type
of pole or standard, size and lighting. Color of letters and background
should be carefully considered in relation to the color of the material
or buildings or where the signs are proposed to be located.
C.
Location. Signs should be located so as not to create a hazard. The
location of signs should be selected in terms of visibility.
A.
The storm drainage system, sanitary waste disposal system, water
supply system, solid and wet waste collection and disposal plan and
electrical and other distribution systems shall be reviewed and approved.
B.
The requirements for underground utilities shall apply to all new
developments.
C.
Particular emphasis shall be given to the protection of delineated
floodplains, preservation of stream corridors, establishment of drainage
rights-of-way, analysis of the adequacy of existing systems and the
need for improvements, both on-site and off-site, to adequately control
the rate, volume and velocity of storm drainage, provide for treatment
of effluent and to maintain an adequate supply of potable water at
sufficient pressure.
D.
In such event that they cannot be installed underground, facilities
such as pumping stations or transformers shall be enclosed in buildings
or effectively screened with landscaping and/or buffering as approved
by the Board.
The site plan shall provide for those elements of street furniture
made of the same or similar materials to ensure design continuity
and be appropriate to the particular use. These may include, but not
be limited to, phone booths, benches, bike racks, trash receptacles,
bus shelters, tree planters and directories.
To the extent practicable, no topsoil shall be removed from
the site or used as spoil. Topsoil stripped and stockpiled during
the course of construction shall be redistributed so as to provide
equal cover to all areas of the subdivision and shall be stabilized
by seeding or planting.
A.
All developments shall conform to the proposals and conditions shown
upon the Master Plan or Official Map.
B.
Streets, public drainageways, flood control basins and other public
areas shown on the Master Plan or Official Map shall be shown on the
plan of a proposed development in locations and sizes suitable to
their intended uses. The Board may reserve the locations and extent
of such public areas in accordance with the requirements of N.J.S.A.
40:55D-44.
In reviewing any application for development, the Board shall
consider the following standards. Where applicable, the residential
site improvement standards (RSIS), as amended from time to time, shall
apply.
A.
Block length and width or acreage within bounding roads shall be
such as to accommodate the size of lots required in the area by this
chapter and to provide for convenient access, circulation control
and safety of street traffic.
B.
In blocks over 1,000 feet long, pedestrian crosswalks may be required
in locations deemed necessary by the Board. The width and routing
of such walkways shall be determined on an individual project basis.
A.
Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
B.
Where extra width has been dedicated for the widening of existing
streets, lots shall begin at such extra line and setbacks shall be
measured from such line.
C.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as but not limited to wetlands,
rock formations or flood conditions, the Board may withhold approval
of such lots.
A.
General.
(1)
Visual screens provided through landscaping shall be designed
in such a manner as to provide a barrier on a year-round basis around
the view of the area to be screened.
(2)
Existing vegetation within the buffer shall be preserved, where
possible, and supplemented with plantings and other buffer devices
to provide screening of residences.
(3)
Buffer dimensions shall be measured from property lines.
(4)
Within any buffer area, utilities, driveways and streets may
be permitted to cross at right angles to the buffer.
(5)
No buildings, signs (other than directional signs), structures,
storage of materials or parking shall be permitted within the buffer
area.
(6)
All plantings shall be installed according to accepted horticultural
standards.
B.
Evergreens. Evergreens used as buffers shall be planted in at least
two rows of staggered plantings to achieve overlapping coverage and
of such size as to constitute an adequate screen as determined by
the Board.
C.
Berms. Berms used as part of a buffer or screen must be designed
as follows:
D.
Reverse frontage buffers.
(1)
Reverse frontage buffers shall be required where residential
units and/or lots back onto any street.
(2)
The buffer shall be situated adjacent to the property line.
(3)
Any landscaped buffer shall be not less than 20 feet in width.
For lots backing up on arterial streets or highways, the landscape
buffer shall not be less than 30 feet.
(4)
The buffer area shall be used for no purpose other than landscaping,
underground utilities or for any required sidewalk.
A.
All lots, regardless of the type of use (except for lots in the CBD-1
Zone), shall have a minimum of 15% of the lot landscaped. All areas
not occupied by buildings, parking areas, patios, walkways and/or
any other impervious surface shall be suitably landscaped. No landscaping
shall interfere with required sight triangles.
B.
Deciduous trees shall have at least a two-inch caliper at planting,
and evergreen trees shall be at least four feet tall. All trees shall
be balled and burlapped and be of specimen quality as established
by the American Association of Nurserymen.
C.
Any landscaping which, within two years of planting, dies, for any
reason, shall be replaced by the developer(s) at their expense by
means of an agreement.
D.
The following principles shall be considered:
(1)
Landscaping shall be located to provide for climate control.
(2)
Landscaping shall be used to accent and complement buildings.
(3)
Landscaping shall be provided in public areas, parking areas,
recreation sites and adjacent to buildings.
(4)
Vines and climbing plants shall be considered for large expanses
of wall.
(5)
Massing trees shall be considered at critical points.
(6)
Smaller trees shall be used on narrow streets.
(7)
Ground cover shall be used to prevent erosion.
(8)
A variety and mixture of landscaping shall be provided. Consideration
shall be given to susceptibility to disease, colors, season, textures,
shapes, blossom and foliage in selecting species.
(9)
Local soil conditions and water availability shall be considered
in the choice of landscaping.
(10)
Existing trees located within 10 feet of any street right-of-way
shall be maintained unless shown to be removed as part of an approved
plan. The existing grade within that space shall not be disturbed
without such approval.
(11)
Entrances to nonresidential lots shall be given special landscaping
treatment.
(12)
The impact of any proposed landscaping plan at various time
intervals shall be considered. Shrubs may grow and eventually block
sight distances. Foundation plants may block out buildings.
(13)
Existing large trees shall be saved by not varying the grade
around the trees by more than six to 12 inches, by construction of
tree wells and by erecting protective fences. Clumps or masses of
trees shall be protected.
(14)
Certain trees shall be avoided because of problems.
(15)
Trees that can stand an urban environment shall be used.
(16)
Landscaping in parking areas shall be provided in accordance
with this article.
(17)
Impervious materials shall not be used in any landscape area.
Weed-retardant mulch, porous non-woven synthetic landscape fabric
or other materials shall be used.
E.
The applicant shall consult with the recommended tree listing established
by the Shade Tree Management Board.
[Amended 1-26-2004 by Ord. No. 3-2004; 11-26-2007 by Ord. No.
71-2007]
Fences or walls in excess of 18 inches in height shall be considered
as structures accessory to a principal permitted use and shall be
permitted in accordance with the standards set forth below:
A.
Maximum height and location in residential zones. All fences and
walls in residential zones shall comply with the standards in Schedule
A: Fence and Wall Diagram.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
B.
General regulations for fences and walls, including retaining walls.
(1)
No fence or wall shall be constructed or installed so as to
constitute a hazard to traffic or safety.
(2)
No fence or wall in a residential zone shall be greater than
six feet in height except in the case of tennis court and similar
sports court facilities.
(3)
In all nonresidential zones no fence shall exceed six feet in
height. On properties with nonresidential uses which abut residential
uses, any open fencing shall be buffered with evergreen landscaping.
(4)
Except for locations within sight triangles, hedges and other
landscaping shall be exempt from the height limitations of this subsection
but shall not be located so as to constitute a hazard to traffic or
safety.
(5)
The face or finished side of a fence or wall shall face the
adjacent property or street.
(6)
No fence or wall shall be constructed with barbed wire, metal
spikes or other such dangerous material or constructed in such manner
as to be dangerous to animals or humans.
(7)
No fence or wall shall be constructed without the issuance of
a zoning permit or a building permit.
(8)
All fences and walls shall be contained within the property
lines of the parcel containing the principal use.
(9)
Retaining walls over 18 inches in height shall be set back from
any property line by at least two feet or set back a distance equal
to the height of the retaining wall or retaining wall series, whichever
is greater.
C.
Swimming pool fences. Every private swimming pool shall have a fence
enclosure which complies with the New Jersey Uniform Construction
Code.
D.
Retaining walls. Any retaining wall 48 inches or greater in height,
or a series of retaining walls along the same ground slope which together
total 48 inches or greater in height, shall require a building permit.
[Amended 9-27-2010 by Ord. No. 46-2010]
A.
Purpose. Regulation of outdoor lighting is necessary to permit reasonable
uses of outdoor lighting for nighttime safety, utility, security and
enjoyment while preserving the ambiance of the night. It is necessary
to prevent light trespass, to reduce unnecessary glare caused by inappropriate
or misaligned light fixtures and to prevent the cause of unnecessary
skyglow. These standards are intended to protect adjacent residential
neighborhoods from unnecessary lighting impacts, to encourage energy
efficiency, to discourage the waste of electricity and to improve
or maintain nighttime public safety, utility and security.
B.
All outdoor lighting fixtures (luminaires) shall be installed in
conformance with this section and with the provisions of the Building
Code, the Electrical Code and the Sign Code, as applicable and under
permit and inspection, if such is required.
C.
Standards. All outdoor light fixtures installed and thereafter maintained,
other than those serving one- and two-family dwellings, shall comply
with the following requirements:
(1)
Illumination levels shall not exceed those recommended in the:
(a)
IESNA Lighting Handbook, 9th Edition, as amended from time to
time.
(b)
IESNA publication RP-33-99, Lighting for Exterior Environments,
as amended from time to time.
(c)
IESNA publication RP-08, Roadway Lighting, as amended from time
to time.
(d)
IESNA publication, RP-6-01, Reaffirmed 2009, Sports and Recreational
Area Lighting, as amended from time to time.
(2)
Light trespass (nuisance light). All light fixtures, except
street lighting maintained by a governmental authority, and those
used on one- or two-family dwellings, shall be designed, installed
and maintained to prevent light trespass, as specified below:
(a)
The maximum illumination at property lines shall be 0.1 footcandle
at grade.
(b)
Illumination occurring above a height of five feet above the
property line of the subject property shall not exceed 0.1 footcandle
in a vertical plane on residentially zoned property.
(c)
Outdoor light fixtures properly installed and thereafter maintained
shall be directed so that there will not be any direct glare source
visible from any property.
(3)
Outdoor lighting energy conservation.
(a)
All exterior lighting shall be designed so as not to exceed
the exterior lighting unit power allowances of ASHRAE/IESNA Standard
90.1-2004, or the version currently adopted by the New Jersey Department
of Energy.
(b)
All outdoor lighting not essential for safety and security purposes
or to illustrate changes in grade or material shall be activated by
automatic control devices and turned off during nonoperating hours.
Illuminated signs are excluded from this requirement.
(c)
Exterior retail and merchandise display lighting shall not remain
on after 10:00 p.m. Reduced levels of lighting in interior show or
display windows may remain on for security purposes; provided, however,
that these levels shall not exceed 25% of the normal artificial lighting
levels in the interior display or show windows.
(d)
Exterior lighting for recreational areas, athletic fields and
courts shall not remain on after 10:00 p.m., except as necessary for
completion of scheduled games as may occur from time to time.
(e)
Exterior lighting serving accredited educational institutions,
not including recreational areas, athletic fields and courts, shall
not remain on after 11:00 p.m.
(4)
Only shielded light fixtures shall be used. Any fixture mounted
above 10 feet shall have no more than 10% of its light distribution
at a vertical angle of 80° above nadir and 2.5% at an angle of
90° above nadir.
(5)
Light fixtures used to illuminate flags, statues or other objects
mounted on a pole, pedestal or platform shall have their candlepower
curve plotted such that 100% of the beam angle used is not greater
than the size of the object to be illuminated.
(6)
Other upward-directed architectural, landscape or decorative
direct-light emissions shall have at least 90% of their total distribution
pattern within the profile of the illuminated structure.
(7)
Description of outdoor lamp/luminaire combinations, including
component specifications such as lamps, reflectors, optics, angle
of cutoff, supports, poles and including manufacturer's catalog cuts.
(8)
Submission of plans. Except for detached single-family and detached
two-family dwellings, plans and evidence of compliance shall include
the following:
(a)
Locations and description of every outdoor enclosed light fixture
and hours of operation, their aiming angles and mounting heights.
(b)
Foundation details for light poles.
(c)
Lighting calculations for site lighting and general exterior applications shall be provided that identify the following elements (See Subsection D(3)(c) below for lighting calculation requirements for recreational and sports lighting.):
[1]
Initial horizontal illuminances at grade and vertical
illuminances where vertical surfaces are being illuminated such as
building facades. Illuminances shall be illustrated in footcandles
(before depreciation).
[2]
Average maintained horizontal illuminances at grade
and vertical illuminances where vertical surfaces are being illuminated
such as building facades. Illuminances shall be illustrated in footcandles.
Define relamping and cleaning cycles to illustrate light loss factors
to account for lumen depreciation and reduced optical system performance
over time to arrive at maintained values of illumination.
[3]
Computer-generated photometric grid showing maintained
footcandle readings every 10 feet and the average maintained footcandles,
depending upon the design application, for both vertical and horizontal
illumination levels. Illustrate the initial and maintained horizontal
and vertical illuminances at five feet above grade at any adjacent
residential property line.
D.
Lighting applications.
(1)
Where used for roadways and parking lots and walkways or security
purposes.
(a)
Average maintained illuminances shall not exceed IESNA recommendations.
(b)
Only outdoor enclosed light fixtures shielded from public view
and having the performance characteristics of a cutoff light fixture
shall be used.
(c)
For parking lots, light poles that are visible to the public
shall not exceed 20 feet in height (base plus pole).
(d)
For walkways and other pedestrian areas, light poles that are
visible to the public shall not exceed 12 feet in height (base plus
pole).
(e)
Freestanding lights shall be so located and protected to avoid
being damaged by vehicles. Foundations supporting lighting poles installed
less than four feet behind the curb shall not be less than 24 inches
above the ground.
(f)
The style of the light and light standards shall be consistent
with the architectural style of the principal building or surrounding
area.
(g)
Floodlight-type fixtures attached to buildings shall be prohibited.
(h)
All wiring shall be laid underground.
(2)
Where used for private, commercial and industrial purposes such
as in merchandise display areas, work areas, platforms, signs, architectural,
landscape or sports or recreational facilities:
(a)
All light fixtures shall be equipped with automatic timing devices
and shall comply with the following.
(b)
Externally illuminated signs, including building identification
or other similar illuminated signs, shall comply with the following:
[1]
Top-mounted light fixtures shall have illumination
levels plotted such that 100% of the beam angle used is not greater
than the size of the externally illuminated sign and are preferred
over any other positioned light fixtures.
[2]
When top-mounted light fixtures are not feasible
for good cause shown, illumination from other positioned light fixtures
shall continue to be restricted to the sign area. Visors or other
directional control devices shall be used to eliminate any spill light.
Furthermore, when any signage is viewed from the opposite side of
that being illuminated, luminous portions of light fixtures, and stray
light, shall not be visible.
[3]
Detailed plans are to be provided to illustrate
floodlight distribution patterns. Once properly installed, the fixtures
are to be aimed, permanently affixed and maintained in the approved
position according to the terms of approval outlined in the approving
resolution.
(c)
Outdoor light shall not be attached or mounted to public property
(i.e., public buildings, utility poles, telephone poles, streetlights,
road/street signs). Furthermore, these fixtures shall not tap or extend
power from sources servicing public lighting and/or power devices.
Temporary holiday lighting shall be exempt.
(d)
All outdoor lighting, during nonoperating hours of the business
on site, not necessary for safety and security purposes shall have
reduced light levels, activated by motion sensors, photocells, timers
or other lighting control devices, or be turned off.
(3)
Where used for sports and recreational lighting.
(a)
Design considerations. Nighttime sports and recreational lighting
is proliferating and controls must be place to minimize the negative
impact on the community environment and to minimize the utility power
demand.
[1]
Outdoor lighting systems. Outdoor lighting systems
primarily consist of direct distribution floodlights aimed at the
playing surface.
[a]
Light sources. Metal halide (MH) high-intensity
discharge (HID) is the preferred source. High-pressure sodium (HPS)
should be used only in conjunction with metal halide.
[b]
Luminaires. General purpose or heavy duty luminaires
with full cutoff optical systems to provide superior visibility for
the players and to reduce off-site impacts.
[c]
Poles. The location and height of poles have a
major impact on lighting system effectiveness and quality and off-site
impact. Contrary to public understanding, the lower the mounting height,
the higher the aiming angle and the more light that is delivered off
site. The higher the pole (with limits), the lower the aiming angle,
and less light is delivered off site.
[d]
Design factors. Outdoor lighting is generally visible
far beyond facility boundaries and careful consideration should be
given to:
(b)
Standards. All outdoor sports and recreational lighting shall
comply with the following requirements:
[1]
Only light fixtures shielded with internal and/or
external shields shall be used. The upper limit of the defined beam
should be no more than 80° above nadir and no more than 5% of
the luminaires used should violate this rule.
[2]
Illumination levels shall not exceed those recommended
in the IESNA Lighting Handbook, 9th Edition, as amended from time
to time, and IESNA publication RP-6-01 (reaffirmed 2009), Recommended
Practice for Sports and Recreational Area Lighting, as amended from
time to time.
[3]
Where used for sports or recreational facilities,
all lighting fixtures shall comply with the following:
[a]
For field sports such as football, soccer, baseball
and track and field, a minimum pole height shall be 70 feet and a
maximum pole height shall be 85 feet.
[b]
The minimum distance of the pole to any property
line shall be twice the height of the pole. For example, an eighty-foot
pole must be a minimum of 160 feet from any property line.
[c]
Trespass lighting shall not be more than 0.1 footcandle
at any adjacent residential property line at grade.
[d]
A natural landscape buffer shall be required to
sufficiently screen the source of light and the lit object from any
adjacent residences. The buffer areas shall consist of a planted berm
with a mix of deciduous and coniferous plants sufficient to provide
year-round screening and with plants at least six feet in height/2.5
DBH at time of planting.
[e]
When not in use or, under any circumstance, not
later than 10:00 p.m., all lighting shall be turned off.
[4]
Light fixtures properly installed and thereafter
maintained shall be directed so that there will not be any direct
glare source visible from any other property.
(c)
Lighting calculations for recreational and sports lighting shall
be provided that identify the following elements:
[1]
The class of play for each playing area.
[2]
Initial horizontal and vertical illuminances for
primary playing areas, secondary playing areas and boundary areas
(where applicable). Illuminances shall be illustrated in footcandles
(before depreciation).
[3]
Average maintained horizontal and vertical illuminances
for primary playing areas, secondary playing areas, and boundary areas
(where applicable). Illuminances shall be illustrated in footcandles.
Define relamping and cleaning cycles to illustrate light loss factors
to account for lumen depreciation and reduced optical system performance
over time to arrive at maintained values of illumination.
[4]
Illustrate recommended levels sited in the IESNA
Lighting Handbook, 9th Edition and IESNA publication RP-6-01 (reaffirmed
2009), Recommended Practice for Sports and Recreational Area Lighting.
[5]
Computer-generated photometric grid showing footcandle
readings every 10 feet and the average footcandles, depending upon
the design application, for both vertical and horizontal illumination
levels. Illustrate the initial and maintained horizontal and vertical
illuminances at five feet above grade at any adjacent residential
property line.
(4)
Where used for new single- and two-family residential homes.
(a)
All residential outdoor light fixtures shall comply with the
requirements as specified below:
[1]
Light distributions generated by light fixtures
shall be confined to the property on which they are installed.
[2]
Light fixtures installed within any setback area,
including front, rear or side yard setbacks, shall minimize light
spillage and glare upward and onto adjacent properties.
[3]
Shall be properly installed and maintained.
[4]
Holiday lights on residential properties shall
be exempt from these standards.
A.
Electrical and mechanical equipment shall be located within the interior
of a building wherever possible. When an interior location is not
practical, such equipment shall be placed in a location where it can
be substantially screened from public view. Roof-mounted equipment
shall be located so as to not be visible from the public road and
shall be hidden with parapets or screens of materials which are in
harmony with the building's architecture.
B.
Process equipment such as stacks, hoppers, compactors, bins, storage
vessels, blowers, compressors, piping, ducting, conveyors and the
like shall be located and screened so as to minimize the visual impact
on adjacent properties.
C.
Ground-level utilities shall be screened so as to be unobtrusive
when viewed from the public rights-of-way and adjacent uses.
Monuments shall be installed in compliance with the requirements
of N.J.S.A. 46:23-9.11q (the Map Filing Law). Monuments may be required
delineating critical area easements and conservation easements at
the discretion of the Board.
A.
Outdoor refuse and recycling containers shall be visually screened
within a durable enclosure, so as not to be visible from adjacent
lots or sites, neighboring properties or streets.
B.
No refuse and recycling storage areas shall be permitted between
a street and the front of a building, and refuse and recycling storage
areas shall conform to all yard requirements imposed by the Land Development
Ordinance of the Borough upon the principal buildings in the zone.
C.
No refuse and recycling storage area shall be located so as to prevent
natural runoff from such areas or impair the existing water quality
of any stream, watercourse or aquifer.
D.
All materials or wastes which might cause fumes, dust, odor or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
sealed and covered containers which are adequate to eliminate such
hazards.
E.
Refuse and recycling collection areas shall be effectively designed
to contain all refuse generated on site and deposited between collections.
F.
Refuse and recycling collection enclosures shall be designed of durable
materials with finishes and colors which are unified and harmonious
with the overall architectural theme.
G.
Refuse and recycling collection areas shall be located to provide
clear and convenient access to refuse collection vehicles.
H.
Medical, hazardous or other regulated waste shall meet the state
and federal standards for such materials.
A.
There shall be included in any new multifamily housing development
that requires subdivision or site plan approval an indoor or outdoor
recycling area for the collection and storage of residentially generated
recyclable materials. The dimensions of the recycling area shall be
sufficient to accommodate recycling bins or containers which are of
adequate size and number and which are consistent with anticipated
usage and with current methods of collection in the area in which
the project is located.
B.
The recycling area shall be conveniently located for the disposition
of source-separated recyclable materials by residents of the multifamily
housing development, preferably near, but clearly separated from,
a refuse dumpster.
C.
The recycling area 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 area without interference from
parked cars or other obstacles. Reasonable measures shall be taken
to protect the recycling area, and the bins or containers placed therein,
against theft of recyclable materials, bins or containers.
D.
Any bins or containers which are used for the collection of recyclable
paper or cardboard and which are located in an outdoor recycling area
shall be equipped with a lid, or otherwise covered, so as to keep
the paper or cardboard dry.
E.
Signs clearly identifying the recycling area and the materials accepted
therein shall be posted adjacent to all points of access to the recycling
area. Individual bins or containers shall be equipped with signs indicating
the materials to be placed therein.
F.
Landscaping and/or fencing shall be provided around any outdoor recycling
area and shall be developed in an aesthetically pleasing manner.
A.
All streets shall be constructed in accordance with the Borough's
road standards. Where applicable, the residential site improvement
standards, as amended from time to time, shall apply.
B.
The arrangement of streets shall be such as to provide for the appropriate
extension of existing streets. New road systems shall be in accordance
with the Master Plan and Official Map.
C.
Minor streets shall be so designed as to discourage through traffic.
D.
Developments abutting through-traffic streets may be required to
provide a marginal service road or some other means of separation
of through and local traffic as the Board may determine. Major arterial
streets shall not be entered by new streets other than major collector
streets.
E.
Developments which adjoin or include existing streets and the streets
do not conform to widths, as shown on the Master Plan, or the street
width requirements of this chapter, shall dedicate, by deed, additional
width along either one or both sides of said street. If the development
is along one side only, 1/2 of the required extra width shall be dedicated.
Minimum street standards shall be as follows:
|
Type of Street
|
Right-of-Way Width
(feet)
|
Pavement Width
(feet)
|
|---|---|---|
|
Arterial
|
66
|
48
|
|
Collector
|
50
|
30 to 36
|
|
Minor
|
50
|
22 to 30
|
F.
Grades of through-traffic streets and collector streets shall not
exceed 6%. Grades on other streets shall not exceed 10%. Streets shall
have a minimum grade of 1%.
G.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than 60°. The block corners at intersections
shall be rounded at the property line with a curve radius of not less
than 25 feet.
H.
Street jogs with center-line offsets of less than 125 feet shall
be prohibited.
I.
A tangent at least 100 feet long shall be introduced between reverse
curves on through traffic and collector streets.
J.
When connecting street lines deflect from each other at any one point
by more than 10° and not more than 45°, they shall be connected
by a curve with a center-line radius of not less than 100 feet for
minor streets and 300 feet for through traffic and collector streets.
K.
All changes in grade shall be connected by vertical curves of sufficient
radius to provide a smooth transition and proper sight distance.
L.
Dead-end streets (cul-de-sacs) shall provide a turnaround at the
end with a radius of not less than 50 feet and tangent, whenever possible,
to the right side of the street. If a dead-end street is of a temporary
nature, a similar turnaround shall be provided, and provisions shall
be made for future extension of the street and reversion of the excess
right-of-way to the adjoining properties.
A.
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.
B.
Guardrails shall be designed to prevent cars from leaving the road.
They shall be installed where danger exists to the traveling public
due to steep topography, narrow roadways, location of drainage ditches
or other similar conditions.
C.
Granite block curbs shall be required on all streets.
D.
Streetlights shall be installed at street intersections, along vertical
and horizontal curves and at the end of dead-end streets. Lights shall
be spaced approximately 300 feet apart. Light output shall be appropriate
for the specific location in accordance with standards recommended
in the current edition of the Illuminating Engineering Society, IES
Lighting Handbook.
E.
Sidewalks shall be concrete, are required on all streets and shall
have a minimum width of four feet. Sidewalk areas shall be landscaped
and durably paved and shall be properly illuminated with adequate
lighting as per this section.
F.
Traffic signs and control devices. These improvements, such as "Stop,"
"Yield" and "One-Way" signs, etc., shall be designed and installed
in accordance with applicable federal, state, county and municipal
regulations. Recommendation as to their installation may be made by
the Police Department or other competent agency.
G.
Street trees shall be required on all development applications. Trees
shall be approximately 40 feet apart and located between the setback
line and the street right-of-way line if possible (including the side
street on corner lots) and not closer than 25 feet to any existing
or proposed streetlight or street intersection.
(1)
The trees shall be planted so as not to interfere with utilities,
roadways or sidewalks.
(2)
Trees shall be nursery-grown stock of not less than 2 1/2
inches in caliper at breast height (dbh), with branches commencing
not less than eight feet above grade when planted and staked in an
approved manner. Where there is adequate existing growth, the Borough
may waive this requirement.
H.
Street furniture. The site plan shall provide for those elements
of street furniture made of the same or similar materials to ensure
design continuity and be appropriate to the particular use. They may
include phone booths, benches, bike racks, trash receptacles, bus
shelters and landscaping planters. All trash receptacles shall be
adequately secured, enclosed and screened on all sides by landscaping
or other types of attractive materials.
A.
On a corner lot in any district, sight triangles shall be required
in which no grading, planting or structure shall be erected or maintained
more than three feet above the street center line or lower than 12
feet above the street center line. Traffic control devices, street
name poles and utility poles shall be permitted in sight triangle
areas.
B.
Sight triangles shall be provided and shown at all street intersections
to assure full visibility of approaching traffic. The sight triangle
shall be triangular with the street sides being at least the following
lengths: along a county road, as required by the County Planning Board;
along an existing municipal street crossing an intersection, 50 feet;
and along an existing street ending at an intersection, 30 feet.
A.
Underground utilities.
(1)
For all major subdivision and site plans, the applicant shall
arrange with the Borough Water and Light Department for the underground
installation of the utilities distribution supply lines and service
connections in accordance with applicable law and regulations. The
applicant shall submit to the Board, prior to the granting of preliminary
approval, written certification from the Borough Water and Light Department
of compliance. In such subdivisions which abut existing streets where
overhead electric or telephone distribution supply lines have been
installed on any portion of the streets involved, such subdivisions
may be supplied with electric and telephone service from such overhead
lines or extensions thereof, but the service connections from the
utilities' overhead lines shall be installed underground.
(2)
The location of access facilities for servicing the utility
in the proposed subdivision shall be developed in conjunction with
and as part of the complete subdivision plan.
(3)
In all developments, easements along rear property lines or
elsewhere for utility installations may be required. Such easements
shall be at least 20 feet in width and located in consultation with
the utility companies and municipal departments concerned.
(4)
Where a subdivision is traversed by a watercourse, drainageway,
channel or stream, there shall be provided a stormwater easement or
drainage right-of-way conforming substantially to the lines of such
watercourse and such further width or construction, or both, as will
be adequate for the purpose.
(5)
The Planning Board may waive the requirement for the installation
of underground utilities or any other requirement in this subsection,
if there are special reasons to warrant such waiver. The Planning
Board, in making such determination of waiver, upon the request of
the applicant or at the instance of the Planning Board on its own
initiative, shall take into consideration the design features of the
plan, the character of the area and all other factors which bear on
the feasibility of underground utility installations within the subdivision,
so as to achieve a harmonious subdivision tract.
B.
Potable water and sanitary sewer plans. All development shall be
served by public water and sewers. All water and sewer plans shall
be approved by the appropriate local, county or state agency having
jurisdiction over the specific utility.
C.
Electricity. All electrical plans shall be approved by the Borough
Water and Light Department.
D.
Stormwater. All stormwater management and drainage plans shall be
approved by the Borough Engineer.
A.
Where applicable, the residential site improvement standards, as
amended from time to time, shall apply.
B.
Off-street parking and loading areas shall be coordinated with the
public street system serving the area in order to avoid conflicts
with through traffic, obstruction to pedestrian walkways and vehicular
thoroughfares. Shared parking among mixed uses shall be encouraged.
C.
A minimum of 10% of any surface parking facility shall be landscaped
and shall include one shade tree for every 20 parking spaces.
D.
All parking and loading areas abutting mixed-use/residential areas
shall be buffered about their periphery with landscaping and/or fencing.
E.
All parking and loading areas for nonresidential uses shall be graded
and paved and shall be adequately drained.
F.
Dimension of parking spaces. Every such space provided shall measure
at least nine feet in width and 18 feet in length, exclusive of access
drives and aisles. Hairpin striping shall be provided, where appropriate.
End-to-end parking spaces shall measure not less than eight feet in
width by 23 feet in length.
[Amended 6-13-2005 by Ord. No. 22-2005]
G.
Size of aisles. The width of all aisles providing direct access to
individual parking spaces shall be in accordance with the requirements
set forth below. Only one-way traffic shall be permitted in aisles
serving parking spaces placed at an angle other than 90°.
|
Parking Angle
(degrees)
|
Aisle Width
(feet)
|
|---|---|
|
0 (end-to-end parking)
|
12
|
|
30
|
12
|
|
45
|
13
|
|
60
|
18
|
|
90 (perpendicular parking)
|
24
|
H.
Maximum grade of parking areas.
|
Areas
|
Maximum Grade
|
|---|---|
|
Parking spaces and service aisles
|
5%
|
|
Main approach walkways to buildings
|
4%
|
|
Collector or other service walkways
|
6%
|
|
Swales
|
10%
|
|
Principal circulation aisles
|
6%
|
|
Driveway entrances and exits up to 25 feet from right-of-way
line
|
2%
|
|
Driveway entrances and exits beyond 25 feet from right-of-way
line
|
10%
|
I.
J.
Acceleration and deceleration lanes.
(1)
The Board, at its discretion, may require roadway widening or
other street improvements, including acceleration and deceleration
lanes, to assure safe ingress and egress where minimum sight distances
cannot be obtained. The following minimum standards are recommended:
|
Acceleration Lanes
(feet)
|
Deceleration Lanes
(feet)
| |||
|---|---|---|---|---|
|
Legal Speed Limit
(mph)
|
Full Length
|
Taper
|
Full Length
|
Taper
|
|
25 to 39
|
200
|
150
|
150
|
200
|
|
40 to 49
|
350
|
200
|
200
|
250
|
|
50 or more
|
450
|
250
|
250
|
300
|
(2)
The area behind the taper shall be cleared of all obstructions
for an appropriate distance from the center line of the road to eliminate
any hazardous conditions.
K.
All off-street parking areas shall be used solely for the parking
of passenger automobiles, and no commercial repair work, service or
storage of new or used motor vehicles, materials or merchandise of
any kind shall be conducted on such parking area.
L.
Sidewalks in parking areas. Sidewalks shall be required between parking
areas and principal structures, along aisles and driveways and wherever
pedestrian traffic occurs. They shall have a minimum of four feet
of passable width and shall be raised a maximum of six inches above
the parking area, except when crossing streets or driveways. Guardrails
and wheel stops permanently anchored to the ground shall be provided
in appropriate locations. Parked vehicles shall not overhang or extend
over sidewalk areas, unless an additional sidewalk width of two feet
is provided to accommodate such overhang.
M.
Landscaping, paving and drainage for parking areas.
(1)
In outdoor parking lots with 10 or more spaces, not less than
10% of the parking area shall be suitably landscaped to minimize noise,
glare and other nuisance characteristics, as well as to enhance the
aesthetics, environment and ecology of the site and surrounding area.
Waived required parking areas which are landscaped shall not be included
in the required 10%.
(2)
The landscaping shall be located at the entrance of the lots,
in protected areas along walkways, center islands and at the end of
bays. In narrow islands, low-spreading plants, such as creeping juniper,
English ivy, myrtle and pachysandra, are appropriate.
(3)
All landscaping in parking areas shall be carefully located
so as not to obstruct sight distance.
(4)
Off-street parking areas shall be effectively screened where
required by the Board by a berm, fence or wall not less than four
nor more than six feet in height, maintained in good condition; provided,
however, that a screening hedge or other natural landscaping may be
substituted for the required fence or wall if approved by the Board.
The screening, as required by this subsection, may be waived by the
Board if, in its judgment, because of topographic or other unusual
conditions, said fence is not necessary to buffer adjoining property.
(5)
Parking areas, loading areas and driveways, except for one-
or two-family residences, shall be curbed with granite block and paved.
(6)
The first 10 feet of the driveway of a one- and two-family residence
shall be paved.
(7)
All parking areas shall be adequately drained in accordance
with a drainage plan to be approved by the Borough Engineer.
N.
Location of parking.
(1)
Required off-street parking shall be located only in those locations
as set forth below and shall meet all setback requirements set forth
in that subsection.
(2)
In all residence zones or for any residence, not more than one
of the required off-street spaces for each dwelling unit may be on
the driveway in the front yard.
(3)
Off-street parking facilities as accessory to any use permitted
in a residential zone shall be provided on the same lot with the permitted
principal building.
(4)
Off-street parking facilities as required by this article in
nonresidential zones shall be provided on the same lot as the principal
building or use or on other property or properties owned by the applicant
in the same or other nonresidential zone, provided that all such property
so used is within 400 feet, measured in a straight line, of any entranceway
to the principal building or use.
(5)
Access to or egress from any property situated in a nonresidential
zone through the use of a driveway located on property in a residential
zone is prohibited.
(6)
Bicycle racks. Bicycle racks shall be provided for all multifamily
and nonresidential developments at the ratio of one bicycle space
for each dwelling unit or one bicycle space for each 20 off-street
parking spaces or fraction thereof over 20 spaces.
(7)
Minimum setbacks and required locations for parking areas and
driveways:
|
Zone
|
Minimum Distance From Property Line (a)
(feet)
|
Location
|
|---|---|---|
|
R-1 through R-6
|
5
|
Side and rear yards only, except as permitted by this subsection
|
|
P
|
5
|
Side and rear yards only
|
|
CBD
|
5
|
Side and rear yards only
|
|
CC
|
5
|
Side and rear yards only
|
|
U
|
50, except 100 to public street
|
In all yards
|
|
OR
|
10
|
Side and rear yards only
|
|
PCD-O
|
As set forth in Article V
|
|
NOTES:
| |
|---|---|
|
(a) In other than R-1 through R-6 zones, where parking abuts
a residential zone or residence, the minimum setback from any property
line shall be 10 feet.
|
A.
Application. In any building or building group or part thereof hereafter
erected and having a gross floor area of 10,000 square feet or more
of nonresidential space, there shall be provided and maintained on
the same zone lot with such building off-street loading berths.
B.
Required off-street loading facilities.
(1)
Location of loading berths. All loading areas shall be on the
same lot as the use which is to be served. Such areas shall be located
only in a side or rear yard. Such areas shall not encroach upon any
required open space, accessway, off-street parking area or public
right-of-way. Where located adjacent to any residential district,
they shall be set back a minimum of five feet from such property line.
(2)
Access. All required off-street loading areas shall provide
sufficient turning spaces and access.
(3)
Calculation of required spaces. The number of off-street loading
berths required for any use shall be determined by application of
the standards set forth below.
|
Principal Building Size
(square feet)
|
Required Number of Loading Berths
|
|---|---|
|
Up to 20,000
|
1
|
|
20,000 to 50,000
|
2
|
|
Each additional 100,000
|
1 additional space
|
A.
General applications.
(1)
As a condition of approval and the continuance of any use, occupancy
of any structure and operation of any process or equipment, the applicant
shall certify compliance with the performance standards contained
herein. Permits and certificates required by other government agencies
shall be submitted to the Board as proof of compliance with applicable
codes.
(2)
The regulations contained in this section shall not apply to one-
and two-family dwellings, but shall apply to any home occupations
contained therein.
(3)
All the requirements of this section shall be items covered in the
developer's agreement.
B.
Temporary certificates of occupancy.
(1)
In the event that a determination cannot be made at the time of application
that a proposed use, process or equipment will meet the standards
established in this section, the Board may recommend issuance of a
temporary certificate of occupancy. The temporary certificate of occupancy
shall be based on submission of evidence (e.g., bond) that the proposed
use, process or equipment will meet the standards established herein
after completion or installation and operation.
(2)
Within 60 days after a temporary certificate of occupancy is granted,
satisfactory evidence shall be submitted to the Construction Official
that all standards established by this section have been met. Upon
such submission, a final certificate of occupancy shall be issued.
C.
Regulation of nuisance elements.
(1)
The determination of the existence of nuisance elements shall be
made to the following locations:
|
Nuisance Characteristic
|
Location of Test
| |
|---|---|---|
|
Smoke
|
Vent or smokestack
| |
|
Air pollution, including solid particles or fly ash
|
Vent or smokestack
| |
|
Odors
|
Property line
| |
|
Liquid waste
|
Property line
| |
|
Solid waste
|
Property line
| |
|
Noise
|
Property line
| |
|
Vibration
|
Building wall
| |
|
Glare
|
Property line
| |
|
Trespass lighting
|
Property line
| |
|
Temperature change:
| ||
|
Gas
|
Vent or smokestack
| |
|
Liquid or solid
|
Property line
| |
(2)
Continued compliance with the performance standards stated herein
shall be a requirement for the continued occupancy of any structure
or the operation of any process or equipment.
D.
Standards to be enforced.
(1)
Air pollution.
(a)
General. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property or which interferes unreasonably with the comfortable enjoyment of life and property anywhere in the Borough. All provisions of Title 7, Chapter 27 of the New Jersey Administrative Code (N.J.A.C.), or the regulations contained in this section, whichever shall be more stringent, shall apply.
(b)
Smoke. In any nonresidential zone, no smoke, the shade or appearance
of which is darker than No. 1 on the Ringelmann Smoke Chart, shall
be emitted into the open air from any fuel-burning equipment; provided,
however, that smoke emitted during the cleaning of a firebox or the
building of a new fire, the shade or appearance of which is not darker
than No. 2 on the Ringelmann Smoke Chart, may be permitted for a period
or periods aggregating no more than three minutes in any 15 consecutive
minutes. Smoke emissions from the combustion of fuel and mobile sources
and from stationary internal combustion engines shall not exceed the
limits set forth in N.J.A.C. 7:27.
(c)
No open burning shall be permitted in any district.
(d)
Odors. In any zone, no odorous material may be emitted into
the atmosphere in quantities sufficient to be detected.
(2)
Wastes.
(a)
Liquid wastes. No liquid waste shall be discharged into any
watercourse in the Borough without all necessary permits from the
New Jersey Department of Environmental Protection (NJDEP). No liquid
waste shall be discharged into the public sewage collection and disposal
system unless the appropriate Borough official shall have first investigated
the character and volume of such wastes and shall have certified that
the Borough will accept the discharge of such waste material into
the system. The applicant shall comply with any requirements of said
officials, including the pretreating of such wastes, the installation
of processing methods, separation or screening of wastes, control
of pH and other methods of improving such wastes prior to discharge,
as a condition of approval of such facilities.
(b)
Solid waste. Each property owner shall be responsible for:
(3)
Noise. All applications shall comply with the provisions of N.J.A.C.
7:29.
(4)
Vibration. In any zone, vibrations discernible without instruments
at the measuring location shall not be permitted.
(5)
Glare. No single standard for glare is promulgated in this chapter
due to the impracticality of establishing such standards. It is the
intent of these performance standards to ensure that both direct and
indirect glare, to the extent possible, are eliminated or that activities
producing such glare are carried on within a structure. Necessary
glare-producing devices such as glazing, roadway and walkway lighting
shall be designed, constructed and maintained in such a manner as
not to be a nuisance to surrounding uses.
(6)
Trespass lighting. All applications shall comply with the provisions
of this article.
(7)
Temperature change. No use or process shall produce a temperature
change greater than 3° C. at the measuring location.
(8)
Fire and explosive hazards. If it appears that any proposed use,
structure, process or resulting product or material may constitute
a fire or explosion hazard, the Board may require the applicant to
supply proof of:
(a)
Approval of the use, structure, process or resulting product
or material from the State Department of Labor indicating that adequate
safeguards against fire and explosion have been taken or installed.
(b)
Approval from the Borough of Madison Fire Department that the
applicant has complied with all applicable Borough fire prevention
regulations.
A.
Borough standards. All standards and specifications of the Borough
as now or hereafter adopted, if any, shall govern the design, construction
and installation of all required improvements. Failure of the developer,
his contractor or agent to conform to said specifications shall be
just cause for the suspension of the work being performed. No developer
shall have the right to demand or claim damages from the Borough,
its officers, agents or servants by reason of said suspension.
B.
Other standards. In the event that the Borough has not adopted standards
for a specific type of improvement, then generally accepted engineering
standards, as set forth in current engineering and construction manuals
as may be approved and modified by the Borough Engineer for a specific
situation, shall be used.
C.
Grades. All construction stakes and grades shall be set by or under
the supervision of a licensed land surveyor. One copy of all cut sheets
shall be filed with the Borough Engineer prior to the commencement
of any construction.
D.
Approved plans. Prior to commencement of construction of required
improvements, the Borough Engineer shall have received and approved
the complete plans and profiles of all improvements to be installed
or constructed. No improvements shall be accepted by the governing
body and no performance guaranties released until the Borough Engineer
has received and approved drawings showing the plans, grades and profiles
of all improvements as finally constructed.
E.
Site conditions. During construction, the site shall be maintained
and left each day in a safe, clean and orderly manner, and any condition
which could lead to personal injury or property damage shall be immediately
corrected by the developer or upon an order by the Construction Official
or other authorized personnel.
F.
Disposal of dead trees, litter and building materials. All stumps,
litter, rubbish, brush, weeds, dead and dying trees, debris and excess
or scrap building materials shall be removed or destroyed immediately
upon the request of and to the satisfaction of the Construction Official
prior to issuing an occupancy permit. No such refuse shall be buried
on the site.
G.
Changes in elevation.
(1)
No change shall be made in the elevation or contour of any lot or
site by the removal of earth to another lot or site other than as
shown on an approved preliminary plan.
(2)
Minimal changes in elevation or contours necessitated by field conditions
may be made only after approval by the Borough Engineer. All said
changes shall be shown on the final plan and indicated as a change
from the preliminary, or if final approval has been granted, all changes
shall be shown on the as-built plans.
(3)
Immediately following the completion of the framing for any new principal
structure and prior to the commencement of any subsequent construction,
a framing elevation survey shall be submitted to the Municipal Engineer,
Zoning Officer and Construction Official for purposes of confirming
(a) the bulk height requirement of the zone; and (b) compliance with
the individual lot grading plan and building plans approved by the
municipality for the specific development. The survey shall be certified
by a New Jersey licensed professional land surveyor and show the elevation
of the highest point (peak, ridgeline or highest point of flat roof)
of the framing with reference to the approved existing grade plane
elevation and proposed building height.
[Added 3-11-2019 by Ord.
No. 5-2019; amended 2-22-2021 by Ord. No. 6-2021]
H.
Excavations. No excavation shall be created or maintained, except
when required for the foundations of structures or in connection with
and during the installation of facilities for permitted uses. Such
excavation shall be used for the intended purpose or shall be refilled
to the average surrounding ground level, in such a manner as to prevent
the collection of water, erosion of earth or collapse or sliding of
banks, within six months from the date of commencement of such excavation.
All open excavations of greater than four feet in depth shall be fully
encircled with durable and stable four-foot-high construction fence
(or six-foot-high chain link fence if required elsewhere in the Code
due to excavation depth or proximity to public facilities). Topsoils
must have an approved stockpile location. Subsoils can not function
as screened, well-graded organic topsoils. Subsoils can only be used
for structural backfills where suitable engineered properties can
be demonstrated. Tree root systems must be protected from grading
cuts and fills. Excess excavation subsoils must be removed from the
site entirely in conjunction with soil movement ordinances. Individual
lot grading plans are required wherever new grades are to be established
on a property.
[Amended 10-23-2006 by Ord. No. 50-2006]
I.
Topsoil removal. The applicant shall obtain all necessary permits.
J.
Preconstruction meeting. Prior to the commencement of construction,
the developer shall arrange for and attend a preconstruction meeting
in conformance with the requirements of the Borough Engineer.
[Amended 3-26-2018 by Ord. No. 12-2018]
The following payments, contributions, and requirements shall
be applicable to all site plans and subdivisions in addition to other
applicable ordinances for any such development as follows:
A.
Before filing of final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to Subsection d of Section 52 of P.L. 1975, c.291 (N.J.S.A. 40:55D-65), the Borough will require and shall accept in accordance with the standards adopted by ordinance and regulations adopted pursuant to Section 1 of P.L. 1999, c.68 (N.J.S.A. 40:55D-53a) for the purpose of assuring the installation and maintenance of certain on-tract improvements, the furnishing of a performance guarantee and provision for a maintenance guarantee in accordance with Subsection A(1) and (2) of this subsection. In accordance with the Borough ordinance requiring a successor developer to furnish a replacement performance guarantee, as a condition to the approval of a permit update under the State Uniform Construction Code, for the purpose of updating the name and address of the owner of property on a construction permit, the governing body may require and shall accept in accordance with the standards adopted by ordinance and regulations adopted pursuant to Section 1 of P.L. 1999, c.68 (N.J.S.A. 40:55D-53a) for the purpose of assuring the installation and maintenance of certain on-tract improvements, the furnishing of a performance guarantee and provision for a maintenance guarantee, in accordance with Subsection A(1) and (2) of this subsection.
(1)
Performance guarantee.
(a)
The developer shall furnish a performance guarantee in favor of the Borough in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the Borough Engineer, according to the method of calculation set forth in Section 15 of P.L. 1991, c.256 (N.J.S.A. 40:55D-53.4), for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, streetlighting, street trees, surveyor's monuments, water mains, sanitary sewers, drainage structures, public improvements of open space, any grading necessitated by the preceding improvements or as otherwise described in § 195-28.1 of the Borough ordinance. The Borough Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
(b)
The Borough may also require a performance guarantee to include,
within an approved phase or section of a development privately owned
perimeter buffer landscaping, as required by local ordinance or imposed
as a condition of approval. At the developer's option, a separate
performance guarantee may be posted for the privately owned perimeter
buffer landscaping.
(c)
In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the municipality in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building, or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to Subsection A(1)(a) of this section, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Zoning Officer, Municipal Engineer, or other municipal official designated by ordinance. At no time will the Borough hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the Zoning Officer, Municipal Engineer, or other municipal official designated by ordinance upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(d)
Safety and stabilization guarantee.
[1]
In addition to a performance guarantee required by the Borough
ordinance, a developer shall furnish to the municipality a separate
guarantee, referred to herein as a "safety and stabilization guarantee,"
in favor of the municipality, to be available to the municipality
solely for the purpose of returning property that has been disturbed
to a safe and stable condition or otherwise implementing measures
to protect the public from access to an unsafe or unstable condition,
only in the circumstance that:
[a]
Site disturbance has commenced and, thereafter,
all work on the development has ceased for a period of at least 60
consecutive days following such commencement for reasons other than
force majeure; and
[b]
Work has not recommenced within 30 days following
the provision of written notice by the Borough to the developer of
the Borough's intent to claim payment under the guarantee. The Borough
shall not provide notice of its intent to claim payment under a safety
and stabilization guarantee until a period of at least 60 days has
elapsed during which all work on the development has ceased for reasons
other than force majeure. The Borough shall provide written notice
to a developer by certified mail or other form of delivery providing
evidence of receipt.
[2]
The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
[3]
The amount of a "safety and stabilization guarantee" for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows:
(2)
Maintenance guarantee.
(a)
The developer shall post with the municipality, prior to the release of a performance guarantee required pursuant to Subsection A(1), Subsection A(2), or both Subsection A(1) and (2) of this subsection, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
(b)
If required, the developer shall post with the municipality,
upon the inspection and issuance of final approval of the following
private site improvements by the Municipal Engineer, a maintenance
guarantee in an amount not to exceed 15% of the cost of the installation
of the following private site improvements: stormwater management
basins, inflow and water quality structures within the basins, and
the outflow pipes and structures of the stormwater management system,
if any, which cost shall be determined according to the method of
calculation set forth in Section 15 of P.L. 1991, c.256 (N.J.S.A.
40:55D-53.4).
(c)
The term of the maintenance guarantee shall be for a period
not to exceed two years and shall automatically expire at the end
of the established term.
(d)
The Borough shall not require that a maintenance guarantee required
pursuant to this section be in cash or that more than 10% of a performance
guarantee pursuant to this section be in cash. A developer may, however,
provide at his option some or all of the maintenance guarantee in
cash, or more than 10% of a performance guarantee in cash (N.J.S.A.
40:55D-53.3).
B.
Sewage disposal. Provisions shall be made to convey effluent from
each lot through laterals and interceptors of adequate size, material
and capacity to collectors and then to trunk sewers to public treatment
facilities.
C.
Water. Provision shall be made to provide each lot with an adequate
and continuous supply of potable water.
D.
Utilities. Gas lines, telephone lines, electrical service, cable
television and dissimilar utilities shall consist of those improvements
required by the applicable utility or federal or state law.
E.
Vehicular and pedestrian improvements. Such improvements shall include
paving, curbs, gutters, sidewalks, bicycle paths, driveways, lighting,
traffic signs, traffic control devices and guardrails.
F.
Other improvements. These improvements shall include but are not
limited to the following: street trees, topsoil, earth removal, borrow
and fill and improvements to prevent damage to adjacent property.
G.
Monuments. Monuments shall be of such size, shape and location as
required by the Map Filing Law.
H.
Temporary improvements. During construction, the Borough Engineer
may require the installation or construction of improvements to prevent
or correct temporary conditions on the site which could cause personal
injury, damage to property or constitute a health hazard. These conditions
may result from flooding, heavy construction traffic and pollution.
Improvements may include grading, planting, retaining walls, culverts,
pipes, guardrails, temporary roads and others appropriate to the specific
conditions.
