Article V Design Guidelines and Standards

Base the design of the development on the site analysis. Locate development to the maximum extent practical to preserve the natural features of the site, to areas of environmental sensitivity, and to minimize negative impacts and alteration of natural features.

Design and arrange streets, lots, parking areas, buildings and units to reduce unnecessary impervious cover, and to mitigate adverse effects of shadow, noise, odor, traffic, transportation, drainage and utilities on neighboring properties.

Consider all existing local and regional plans for the surrounding community.

Design storm drainage facilities as an integral part of the development and arrange the design to use as much of the natural drainage as possible.

Design lots and sites to reduce cut and fill, and to avoid flooding and adversely affecting groundwater and aquifer recharge, and provide for sewage disposal and adequate access.

Residential development design.

Residential developments may be arranged in conventional, cluster or combination of designs (for environmental reasons, cluster development is encouraged). Consider topography, privacy, building height, orientation, drainage, and aesthetics in placement of units. Provide units with private outdoor space where appropriate and practical.

Space buildings so that adequate privacy is provided for units.

Commercial and industrial development design. Design commercial and industrial developments according to the same principles governing design of residential developments: locate buildings based on topography; avoid to the maximum extent practical environmentally sensitive areas; consider factors such as drainage, noise, odor and surrounding land uses in siting buildings, buffer where adverse impacts exist.

Circulation system design.

Design the street system to permit the safe, efficient, and orderly movement of traffic.

In addition, design the street system to meet the following objectives: to meet but not to exceed the needs of the present and future population served; to have a simple and logical pattern; to respect natural features and topography; and to present an attractive streetscape.

Design streets in a hierarchical system. (See Article VI, § 505-20B.)

In planned developments, pedestrian walkways may be located away from the road system, but they may also be required parallel to the street for safety and other reasons.

In conventional developments, locate pedestrian walkways parallel to the street, but permit exceptions to preserve topographical or natural features or to provide visual interest.

Landscape design.

Provide landscaping in public areas, on recreation sites, and adjacent to buildings to screen parking areas, mitigate adverse impacts, and provide windbreaks for winter winds and summer cooling for buildings, streets and parking.

Select the plant or other landscaping material that will best serve the intended function, and use landscaping materials appropriate for local soil conditions, water availability and environment.

Vary the type and amount of landscaping with type of development, and accent site entrances with special landscaping treatment.

Consider massing trees at critical points rather than in a straight line at predetermined intervals along streets.

Consider the impact of any proposed landscaping plan at various time intervals. Shrubs may grow and eventually block out building windows.

Building design. Planning Board is permitted to review preliminary architectural elevations.

§ 505-16 General site design.

In site design, the following areas shall be preserved as undeveloped open space to the extent consistent with the reasonable utilization of land: unique and/or fragile areas, including wetlands (as defined in Section 404, Federal Water Pollution Control Act Amendments of 1972,[1] and delineated on wetlands maps prepared by the U.S. Fish and Wildlife Service, field-verified by an on-site inspection); significant trees [defined as the largest known individual trees of each species in New Jersey as listed by the New Jersey Department of Environmental Protection (NJDEP) Bureau of Forestry; large trees approaching the diameter of the known largest tree; and/or species that are rare to the area or of particular horticultural or landscape value]; lands in the floodplain (as defined by NJDEP in its Stream Encroachment Manual); steep slopes (in excess of 20% as measured over a ten-foot interval unless appropriate engineering concerning slope stability, erosion, and resident safety are taken); habitats of endangered wildlife (as identified on federal or state lists); and historically significant structures and sites (as listed on the federal or New Jersey lists of historic places).

[1]

Editor's Note: See now Section 404 of the Clean Water Act (CWA) (33 CFR Parts 320-332).

In conventional developments, the Planning Board may vary lot areas and dimensions, yards and setbacks for the purpose of encouraging and promoting flexibility, economy and environmental soundness in layout and design, provided that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the minimum requirements of the municipal development regulations, and provided that such standards shall be appropriate to the type of development permitted.

Residential lots shall front on residential access or subcollector streets.

Every lot shall have access to it that is sufficient to afford a reasonable means of ingress or egress for emergency vehicles as well as for all those likely to need or desire access to the property in its intended use.

The road system for residential subdivisions shall be designed to serve the needs of the neighborhood and to discourage use by through traffic.

To the extent consistent with the reasonable utilization of land, site design shall promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources

§ 505-17 Open space and recreation.

Purpose. Planned unit developments, planned unit residential developments, and residential cluster developments shall be required to provide open space. Developed open space is designed to provide active recreational facilities to serve the residents of the development. Undeveloped open space is designed to preserve important site amenities and environmentally sensitive areas. (See Article V, § 505-16A, for areas to be preserved as undeveloped open space.)

Minimum requirements.

Amount of open space required. A certain percentage of the tract proposed for development shall be set aside for developed and undeveloped open space, based on the standards set forth in this chapter adjusted, as appropriate, for conditions such as population density, existing municipal facilities, topography, socioeconomic characteristics of the prospective population, and other appropriate site-specific factors.

Size of open space parcels. The area of each parcel of open space designed for active recreational purposes shall be of such minimum dimensions as to be functionally usable.

Location of open space parcels. Open space parcels should be convenient to the dwelling units they are intended to serve. However, because of noise generation, they should be sited with sensitivity to surrounding development.

Improvement of open space parcels.

Developed open space. The Planning Board or other approving authority may require the installation of recreational facilities taking into consideration:

The character of the open space land;

The estimated age and the recreation needs of persons likely to reside in the development;

(c)

Proximity of municipal recreation facilities; and

(d)

The cost of the recreational facilities.

Undeveloped open space. As a general principle, undeveloped open space should be left in its natural state. A developer may make certain improvements such as the cutting of trails for walking or jogging or the provision of picnic areas, etc. In addition, the Planning Board may require a developer to make other improvements such as removal of dead or deceased trees, thinning of trees or other vegetation to encourage more desirable growth, and grading and seeding.

Exceptions to the standards.

The Planning Board may permit deviations from open space standards when it can be determined that:

The objectives underlying these standards can be met without strict adherence to them; and

Because of peculiarities in the tract of land or the facilities proposed it would be unreasonable to require strict adherence to these standards.

Deed restrictions. Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Municipal Attorney that ensure that:

The open space area will not be further subdivided in the future;

The use of the open space will continue in perpetuity for the purpose specified.

Appropriate provisions are made for the maintenance of the open space.

Common undeveloped open space shall not be turned into a commercial enterprise admitting the general public at a fee.

Open space ownership. The type of ownership of land dedicated for open space purposes shall be selected by the owner, developer or subdivider, subject to the approval of the Planning Board. Type of ownership may include, but is not necessarily limited to, the following:

The municipality, subject to acceptance by the governing body of the municipality.

Other public jurisdictions or agencies, subject to their acceptance.

Quasi-public organizations, subject to their acceptance.

Homeowners', condominium, or cooperative associations or organizations.

Shared, undivided interest by all property owners in the subdivision.

Homeowners' association. If the open space is owned and maintained by a homeowners' or condominium association, the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the preliminary approval. The provisions shall include, but are not necessarily limited to, the following:

The homeowners' association must be established before homes are sold.

Membership must be mandatory for each home buyer and any successive buyer.

The open space restrictions must be permanent, not just for a period of years.

The association must be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities.

Homeowners must pay their pro rata share of the cost. The assessment levied by the association can become a lien on the property if allowed in the master deed establishing the homeowners' association.

(6)

The association must be able to adjust the assessment to meet changed needs.

Maintenance of open space areas.

In the event that a nonmunicipal organization with the responsibility for the open space fails to maintain it in order and condition, the administrative officer may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open spaces in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be remedied within 35 days thereof and shall state the date and place of a hearing thereon before the Planning Board, which shall be held within 15 days of the notice.

At such hearing, the Planning Board may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time. not to exceed 65 days. within which they shall be remedied. If the deficiencies set forth in the original notice or in the modification thereof shall not be remedied within said 35 days, or any permitted extension thereof, the municipality, in order to preserve the open space and maintain the same, may enter and maintain such land for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration date of said year, the administrative officer shall, upon his initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development to show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the Planning Board shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Planning Board in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and shall be enforced and collected with interest by the same officers in the same manner as other taxes.

§ 505-18 Landscaping.

Purpose.

Landscaping shall be provided as part of site plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site and creating a pleasing site character.

Landscaping may include plant materials such as trees, shrubs, ground cover, perennials and annuals and other materials such as rocks, water, sculpture, art, walls, fences and building and paving materials.

Landscape plan. A landscape plan shall be submitted with each site plan application, unless an exception is granted pursuant to Article III, § 505-7B, of this chapter. The plan shall identify existing and proposed trees, shrubs, ground cover, natural features such as rock outcroppings, and other landscaping elements. The plan should show where they are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, applicant shall include in the plans proposed methods to protect existing trees and growth during and after construction.

Site protection and general planting requirements.

Topsoil preservation. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least six inches of even cover to all disturbed areas of the development and shall be stabilized or planting.

Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap materials, or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may, subject to approval of the Municipal Engineer, be used as mulch in landscaped areas. A developer shall be exempt from these provisions, however, and shall be permitted to dispose of on-site-generated new construction waste on site as long as the conditions set forth in N.J.A.C. 7:26-1.7 are met.

Protection of existing plantings. Maximum effort should be made to save fine specimens (because of size or relative rarity). No material or temporary soil deposit shall be placed within four feet of shrubs or 10 feet of trees designated to be retained on the preliminary and/or final plat. Protective barriers or tree wells shall be installed around each plant and/or group of plants that is to remain on the site. Barriers shall not be supported by the plants they are protecting but shall be self-supporting. They shall be a minimum of four feet high and constructed of durable material that will last until construction is completed. Snow fences and slit fences are examples of acceptable barriers.

Slope plantings. Landscaping of the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with ground covers appropriate for the purpose and soil conditions, water availability, and environment.

Additional landscaping. In residential developments, besides the screening and street trees required, additional plantings or landscaping elements shall be required throughout the subdivision where necessary for climate control, privacy or for aesthetic reasons in accordance with a planting plan approved by the Planning Board and taking into consideration cost constraints. In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs and trees as part of a site plan approved by the Planning Board.

(6)

Planting specifications. Deciduous trees shall have at least a three-inch caliper at planting. Size of evergreens and shrubs shall be allowed to vary depending on setting and type of shrub. Only nursery-grown plant materials shall be acceptable, and all trees, shrubs and ground covers shall be planted according to accepted horticultural standards. Dead or dying plants shall be replaced by the developer during the following planting season.

(7)

Plant species. The plant species selected should be hardy for the particular climatic zone in which the development is located and appropriate in terms of function and size.

Street trees.

Location. Street trees shall be installed on both sides of all streets in accordance with the approved landscape plan. Trees shall either be massed at critical points or spaced evenly along the street, or both.

When trees are planted at predetermined intervals along streets, spacing shall depend on tree size, as follows:

	Tree size (feet)	Planting Interval (feet)
	Large trees (40 +)	50 to 70
	Medium-sized trees (30 to 40)	40 to 50
	Small trees (to 30)	30 to 40

When the spacing interval exceeds 40 feet, small ornamental trees can be spaced between the larger trees. If a street canopy effect is desired, trees may be planted closer together, following the recommendations of a certified landscape architect. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sights easements, or streetlights. Tree location, landscaping design and spacing plan shall be approved by the Planning Board as part of the landscape plan.

Tree type. Tree type may vary depending on overall effect desired, but as a general rule all trees shall be the same kind on a street except to achieve special effects. Selection of tree type shall be approved by the Planning Board.

Planting specifications. All trees shall have a caliper of three inches, and they shall be nursery-grown, of substantially uniform size and shape, and have straight trunks. Trees shall be properly planted and staked and provision made by the applicant for regular watering and maintenance until they are established. Dead or dying trees shall be replace by the applicant during the next planting season.

Buffering.

Function and materials. Buffering shall provide a year-round visual screen in order to minimize adverse impacts from a site on an adjacent property or from adjacent areas. It may consist of fencing, evergreens, berms, rocks, boulders, mounds or combinations to achieve the stated objectives.

When required. Buffering shall be required when topographical or other barriers do not provide reasonable screening and when the Planning Board determines that there is a need to shield the site from adjacent properties and to minimize adverse impacts such as incompatible land uses, noise, glaring light, and traffic. In small-lot developments, when building design and siting do not provide privacy, the Planning Board may require landscaping, fences or walls to ensure privacy and screen dwelling units. When required, buffers shall be measured from side and rear property lines, excluding access driveways.

Where more-intensive land uses abut less-intensive uses, a buffer strip 25 feet in width shall be required.

Parking areas, garbage collection and utility areas, and loading and unloading areas should be screened around their perimeter by a buffer strip a minimum of five feet wide.

(c)

Where residential subdivisions abut higher-order streets (collectors or arterials), adjacent lots should front on lower-order streets, and a landscaped buffer area provided along the property line abutting the road. The buffer strip shall be a minimum of 25 feet to 35 feet wide or wider where necessary for the health and safety of the residents, and include both trees and shrubs.

Design. Arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine or broken rows. If planted berms are used, the minimum top width shall be four feet, and the maximum side slope shall be 2:1.

Planting and specifications. Plant materials shall be sufficiently large and planted in such a fashion that a screen at least eight feet in height shall be produced within three growing seasons. All plantings shall be installed according to accepted horticultural standards.

Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of materials, or parking shall be permitted within the buffer area; buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.

Parking lot landscaping.

Amount required. In parking lots, at least 5% of the interior parking area shall be landscaped with plantings, and one tree for each 10 spaces shall be installed. Parking lot street frontage screening and perimeter screening shall be a minimum of five feet wide. Planting required within the parking lot is exclusive of other planting requirements, such as for street trees.

Location. The landscaping should be located in protected areas, such as along walkways, in center islands, at the bays, or in diamonds between parking stalls. All landscaping in parking areas and on the street frontage shall be placed so that it will not obstruct sight distance.

Plant type. A mixture of hardy flowering and/or decorative evergreen and deciduous trees may be planted; the area between trees shall be planted with shrubs or ground cover or covered with mulch.

Paving materials and walls and fences.

Paving materials. Design and choice of paving materials used in pedestrian areas shall consider the following factors: cost, maintenance, use, characteristics of users, appearance, availability, glare, heat, drainage, noise, compatibility with surroundings, decorative quality, and aesthetic appeal. Acceptable materials shall include, but are not limited to, concrete, brick, cement pavers, asphalt and stone.

Walls and fences. Walls and fences shall be erected where required for privacy, screening, separation, security or to serve other necessary functions.

Design and materials shall be functional, they shall complement the character of the size and type of building, and they shall be suited to the nature of the project.

No fence or wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.

Street furniture.

Street furniture, such as, but not limited to, trash receptacles, benches, phone booths, etc., shall be located and sized in accordance with their functional need.

Street furniture elements shall be compatible in form, material and finish. Style shall be coordinated with that of the existing or proposed site architecture.