Article 500 General Provisions and Design Standards

There shall be included in any new apartment or townhouse development an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area and the bins or containers shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), as amended.

The recycling area shall be conveniently located for the residential disposition of recyclable materials.

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.

The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. 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.

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.

Landscaping and/or fencing, at least six feet in height, shall be provided around any outdoor recycling area and shall be developed and maintained in an aesthetically pleasing manner.

No townhouse dwelling unit shall be less than 20 feet wide, and no townhouse dwelling unit having a front-entry garage at first floor grade shall be less than 24 feet wide. No townhouse building shall contain more than six dwelling units.

The location of recreational facilities shall consider the proximity of structures, type of recreational facility, noise level and evening illumination which may create nuisances for residents and pedestrian and bicycle traffic across major interior roads or driveways. The periphery of any recreation area shall be no closer to a residential structure than the minimum yard for that structure or as specified elsewhere in this chapter.

Except for townhouse units on fee simple townhouse lots existing prior to January 1, 2001, no construction permit shall be issued for any townhouse or apartment dwelling unit or any accessory structure, addition, deck, patio or fence for the fee simple townhouse lot or townhouse or apartment dwelling unit unless the dwelling and/or accessory structure, addition, deck, patio or fence is in accordance with the approved original or amended site plan, which application shall include homeowners' association bylaws and/or resolutions governing the provisions for accessory structures, additions, decks, patios and fences and a typical drawing of the envisioned appearance of such accessory structures, additions, decks, patios and fences; this condition shall be recited in the homeowners' association bylaws. After the initial approval and construction of the dwelling unit in accordance with the approved site plan, no application for a construction permit will be accepted for processing unless accompanied by a statement from the homeowners' association that the proposed construction has been approved by the association and is in accordance with the homeowners' association bylaws.

Decks off townhouse dwelling units.

Decks off the ground floor and off the first floor above the ground floor of a dwelling unit shall be permitted, provided that:

All decks are designed to be consistent and blend with the architectural style of the principal dwelling unit and to minimize the visual protrusion and bulk of the deck(s); the size and elevation of the deck(s) shall not be disproportional or out of scale with the dwelling unit.

The vertical supporting posts of any deck elevated more than five feet higher than the mean elevation below the deck shall be recessed under the deck approximately two feet to three feet on all sides so that the posts are in the shadow of the deck; and

In order to buffer the view of decks from adjacent residential properties, landscaping, privacy walls, fencing or a combination thereof shall be provided to create the buffer screening, either around the base of any deck elevated more than four feet higher than the mean elevation below it or within the side and rear yard areas. Any such landscaping shall include evergreen trees planted 15 feet on-center with heights of six feet to eight feet, eight feet to 10 feet and 10 feet to 12 feet at planting.

Decks off a townhouse dwelling unit shall be permitted in the rear yard area only.

Where decks are provided off the rear of a dwelling unit, the rear of said dwelling unit shall not be facing or directly discernible from the front of any other dwelling unit or street.

Where decks off a dwelling unit cannot meet these requirements, such decks may only be permitted where the subject yard area abuts major open space areas at least 100 feet in width along the entire length of the subject lot line.

Decks and landscaping in the vicinity thereof shall be constructed and/or maintained at all times so as to afford reasonable pedestrian access to rear yards.

For fee simple townhouse lots existing prior to January 1, 2001, no construction permit shall be issued for any accessory structure, addition, deck, patio or fence for the fee simple townhouse lot unless the proposed construction is in accordance with the Panther Valley Property Owners' Association bylaws and the following:

The structure, addition, deck, patio or fence shall be located entirely within the fee simple lot;

All setbacks required in the respective zoning district shall be met, provided that no structure, addition, fence or deck shall be closer than 30 feet to another building or structure, excluding structures for adjacent units in the same building;

The structure, addition, deck, patio or fence shall be consistent in design, color and materials with the principal building or, in the case of decks or fences, with existing decks or fences for units in the same building; except that, where a prototype has been submitted by the Panther Valley Property Owners' Association and approved by the Land Use Board, the structure, addition, deck, patio or fence shall conform to the approved prototype;

Any new deck(s) or expanded deck(s) shall not exceed the width of the dwelling unit on the fee simple lot nor shall it extend more than 10 feet out from the furthest projection of the dwelling unit;

Any structure, addition, deck, patio or fence shall be constructed at the ground floor elevation, except that new or expanded decks off the first floor above the ground floor of a dwelling unit shall be permitted only in accordance with § 190-502M hereinabove and shall not be covered, enclosed or converted to any habitable floor area;

The construction of any structure, addition, deck, patio or fence shall not alter the existing grading or drainage pattern of the lot;

The issuance of a zoning permit in accordance with §§ 190-203 and 190-1002F of this chapter shall be required prior to the issuance of a construction permit, if applicable. The request for a zoning permit shall be accompanied with sufficient information to show compliance with the above requirements, including but not limited to architectural elevations, with indication(s) of dimensions, materials and colors, and photograph(s) towards the subject townhouse building in the area of the proposed construction and towards the nearby buildings and/or structures from the area of the proposed construction; and

Where any accessory structure, addition, deck, patio or fence for the fee simple townhouse lot cannot meet these requirements, a minor site plan application with waiver request(s) shall be submitted to the Land Use Board for its review and approval.

§ 190-503 Appearance of buildings.

No building permit shall be issued for any detached single-family dwelling to be erected on a lot in any residential district if it is substantially similar in exterior design with any neighboring dwelling situated on a lot on the same or opposite sides of a street, unless the two lots are separated by a distance of at least 150 feet. Houses shall be considered substantially similar in exterior design and appearance unless they have at least one of the following characteristics:

Significant differentiation to the exterior elevations where the same basic dimensions and floor plans are used.

Significant change in appearance, architectural design, and/or height of the roofs, coupled with differentiation to the exterior facade or other architectural features of the dwelling.

Significant differentiation in architectural design and appearance of windows and front door entranceways.

Utilizing the above characteristics, there shall be not less than six different detached single-family house designs in every development consisting of less than 100 dwelling units; not less than seven different house designs in every development consisting of more than 100 but less than 150 dwelling units; and not less than eight different house designs in every development consisting of 150 or more houses.

The different detached single-family house designs shall be identified as to model and elevation by the builder. At the time of application for each construction permit for a dwelling unit, the builder shall provide a map of the approved final subdivision to the Department of Community Affairs, with a clear indication of the model and elevation of each dwelling unit for which a construction permit has been, or is requested to be, issued.

[Amended 2-19-2013 by Ord. No. 2013-02]

§ 190-504 Drainage.

All stormwater management measures for a development, regardless of use, including structural stormwater management strategies, detention basins and other stormwater management facilities and stormwater collection and conveyance structures, shall be designed in accordance with and comply with the provisions of Chapter 264, Stormwater Control, of the Code of the Township of Allamuchy and N.J.A.C. 5:21-7 et seq. A site development stormwater plan shall be submitted in accordance with Chapter 264, Article VII, of the Code.

For development not defined as a "major development" in Chapter 264, stormwater management measures shall be developed to meet the stormwater runoff quantity requirements in Article II of Chapter 264 of the Code of the Township of Allamuchy.

Guide rails, railings and/or fencing may be required to be placed at the perimeter of all drainage structures where the proximity of the drainage structure to sidewalks, streets, and other areas of public circulation may create a safety concern for pedestrians or vehicles.

Lots shall be graded to secure proper drainage away from the buildings. Additionally, drainage shall be provided in a manner which will prevent the collection of stormwater in pools or other unauthorized concentrations of flow, and water shall not flow across adjacent sites at greater than predevelopment rates.

A comprehensive drainage plan shall accompany the preliminary major subdivision or site plan in accordance with Chapter 264, Stormwater Control, of the Code and § 190-804B of this chapter and shall indicate the proposed contours for all areas where grading is proposed. The grading proposed as part of the comprehensive drainage plan shall be in accordance with the standards in § 190-519 of this chapter. The final drainage plan accompanying the final major subdivision or site plan shall show the same information as required on the preliminary plan, with the addition that the individual lot grading shall be shown in accordance with § 190-805B of this chapter.

Detention and retention basins for residential developments shall be constructed on a separate lot specifically reserved for such purpose, unless otherwise approved by the Land Use Board. The detention/retention basin lot shall be owned and maintained by a homeowners' association unless the Township shall require dedication in accordance with § 190-504H(2) hereinbelow. Where the area designated for a detention basin and similar stormwater management facilities is part of a residential lot, the areas devoted to these stormwater management purposes shall not be counted as part of the minimum lot area required for residential lots; neither shall the area devoted to these stormwater management purposes be counted as part of the required open space in a residential cluster design.

[Amended 7-18-2006 by Ord. No. 2006-14]

Landscaping and design. As part of any development plan application, a landscaping plan prepared by a landscape architect, or other licensed and qualified professional as permitted by law, shall be submitted for each detention basin and similar open space area devoted to stormwater management.

The intent of the landscaping plan shall be to ensure that the grading and plantings in and around these areas make these areas an integral and aesthetic part of the development so these areas appear as a parklike setting and adequate evergreen screening between the basin and a street and/or residential dwelling is provided.

These stormwater management areas shall have reasonable side slopes to allow safe and easy mowing and shall have areas landscaped with plant material suitable for the slopes, soils and periodic wet conditions, which will provide for easy and minimal maintenance.

Evergreen trees and shrubbery may be required by the Land Use Board along the perimeter of the basin to provide necessary screening.

[Amended 7-18-2006 by Ord. No. 2006-14]

Shade trees shall be located along the side of any such area abutting a street and, where permitted, within the basin area.

Maintenance of stormwater management facilities.

In instances where detention basins and similar stormwater management facilities will be common property and the maintenance of this common property will be the responsibility of a homeowners' association, approved as to form by the Township Attorney and created under § 190-605 of this chapter; and in the event that the homeowners' association fails to maintain the property in reasonable order and condition, the Township shall have the right, but not the obligation, to correct the deficiencies at the expense of each property owner in the association in accordance with the provisions of § 190-605F of this chapter.

It is the policy of the Township of Allamuchy that, from the date of the enactment of this chapter, detention basins and similar stormwater management facilities are to be maintained by and shall be the responsibility of the property owners (in the form of a homeowners' association approved as to form by the Township Attorney) who are benefited by the location of such detention basins and similar stormwater management facilities. They shall maintain such facilities and retain such facilities in private ownership.

The Land Use Board, prior to the issuance of any approval in connection with an application for development where such application for development involves the location of a detention basin or similar stormwater management facility, shall obtain from the property owner or owners an agreement whereby such property owner or owners agree that the cost of maintenance and the responsibility for such facilities shall rest with and be the responsibility of the property owners affected by such detention basin and stormwater management facility.

[Amended 7-18-2006 by Ord. No. 2006-14]

No such facilities shall at any time become Township facilities or be maintained by the Township of Allamuchy unless and until the Mayor and Council of the Township of Allamuchy, by formal resolution, shall agree to be responsible for and maintain such facilities.

Where a property owner or owners or an applicant for development wishes the Township to own and/or maintain such facilities in the future, the Township Council shall not undertake to approve such agreement for ownership and/or maintenance unless and until the Land Use Board shall have acted to recommend that the Township be required to own and/or maintain such facilities. The Land Use Board shall set forth its reasons why the Township should accept the responsibility for ownership and/or maintenance. The Township Engineer shall also provide the Mayor and Council with a written statement recommending that such facility be owned and/or maintained by the Township, such statement setting forth the Township Engineer's reasons why the Township in lieu of the property owner should own and/or maintain such facility.

[Amended 7-18-2006 by Ord. No. 2006-14]

In instances where detention basins and similar stormwater management facilities will be owned and/or maintained by the Township in lieu of a homeowners' association, the Township shall accept the dedicated land by resolution of the governing body and shall accept a deed of dedication in form acceptable to the Township Attorney from the developer, at no cost to the Township, provided that the detention basin and other stormwater management facilities have been constructed as required by the Township, have properly located and designed access lanes constructed for access by emergency and maintenance vehicles, and have proper funds to assure that such facility will be preserved, repaired, kept and sustained in good order, including the cost to cover the landscaping aspects of the facilities. The amount of said funds to be posted shall be based on the costs that shall be expected to preserve, repair, keep and sustain the basin over a twenty-five-year period, as calculated by the Township Engineer. Said moneys shall be deposited in a special stormwater facilities maintenance account of the Township to be commingled with other funds for the maintenance of stormwater management facilities, provided records are maintained for each facility and the funds so dedicated are used exclusively for the maintenance of the facility for which such funds have been deposited.

Approval of drainage structures shall be obtained from the appropriate municipal, county, state and federal agencies and offices. Each applicant shall make appropriate application to the Division of Water Resources of the New Jersey Department of Environmental Protection, the Warren County Engineering Department, and the Township Engineer. Final approval shall be not be effective until letters of approval from the proper governmental authorities shall be furnished to the Administrative Officer with a copy of each letter forwarded to the Township Engineer.

When required by the Township, a drainage right-of-way easement shall be provided to the Township or homeowners' association where a tract or lot is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream.

All drainage right-of-way easements shall conform substantially with the lines of such watercourse or drainageway.

Easements for storm sewers and drainageways shall be a minimum 20 feet in width, and easements for watercourses shall conform to the width of the watercourse from bank to bank with an additional fifteen-foot access strip beyond the top of bank along each side of the watercourse. In any event, the easement shall meet any minimum widths and locations as shown on any adopted official map or master plan.

Such easement shall be expressed on the plat as follows: "Drainage easement granted for the purposes provided and expressed in the land development ordinances of Allamuchy Township."

§ 190-505 Fences and walls.

All permitted fences and walls shall be situated on a lot in such a manner that the finished side of the fence or wall shall face adjacent properties. All fences and walls shall be erected within the property lines and shall not encroach off lot or into the street right-of-way. No fence or wall shall be erected of barbed and/or electrified wire, topped with metal spikes, nor constructed of any material or in any manner which may be dangerous to persons or animals, except that fences or walls permitted for public utility uses and nonresidential uses in the LM District may be topped by a barbed and/or electrified wire protective barrier, and except further that requirements of state or federal regulations shall prevail. These provisions shall not apply to farms. All permitted fences and walls, except for farm fences, shall require the issuance of a zoning permit.

On any lot in any district, no wall or fence shall be erected or altered so that said wall or fence shall be over four feet in height, except:

A dog run or privacy area may have fencing a maximum of six feet in height, provided such area is located in rear yard areas only and is set back from any lot line by at least 15 feet or the distance required for accessory structures in the zoning district in which it is located, whichever is greater.

See § 190-516 for standards applicable to swimming pools.

A tennis court area, located in rear yard areas only, may be surrounded by a fence a maximum of 15 feet in height; said fence to be set back from any lot line by at least 25 feet or the distance required for accessory structures in the zoning district in which it is located, whichever is greater.

Fences for security and safety purposes for public utilities, temporary construction activities, public purpose uses, schools and other similar uses, and in the LM District, permitted nonresidential uses, may have fencing a maximum of 15 feet in height, provided that said fence is set back from any street line by at least 10 feet.

Buffer areas and landscape screening shall meet the requirements specified in § 190-509I, except that approved constructed screening shall consist of a masonry wall or barrier or a uniformly painted fence of fire-resistant material at least five feet in height, no more than eight feet above finished grade at the point of construction.

Off-street parking, loading and driveway access shall meet the requirements specified in § 190-510.

Retaining walls are governed by the standards and requirements in § 190-518 of this chapter.

§ 190-506 Fire protection.

Wherever a central water supply system exists, provision shall be made for fire hydrants along streets and/or on the walls of nonresidential buildings as approved by the servicing fire department or Township Engineer and in accordance with the Insurance Services Office of New Jersey.

The midpoint of all lots served by a central water supply shall be within 500 feet of a functioning fire hydrant.

Hydrants shall have fire hose threads conforming to the fire company equipment, with no less than two two-and-one-half-inch hose connections and one four-and-one-half-inch pumper nozzle.

Hydrants shall be set plumb with nozzles 18 inches above grade. The system shall be pressure-tested to assure its capability of sustaining the required pressure at each hydrant.

For all applications of major subdivisions for development where no central public or private water supply is proposed, the applicant shall, at the expense of the applicant, provide a fire-protection system in accordance with the following criteria:

Each lot upon which there is to be constructed a building must be within 2,000 feet, as measured along the streets and driveways, of an adequate source of water for fire protection, as defined in § 190-506B(2) hereinbelow. Any lot which is more than 2,000 feet from an adequate source of water shall have at least two sources of water to assure that sufficient water will be available for proper fire protection.

For the purposes of this subsection, an adequate source of water for fire protection shall consist of one or more of the following, which shall be located within an easement and accessible to an improved street:

Underground storage facility (nonporous), in accordance with the standards prescribed in § 190-506B(3) hereinbelow.

Fire ponds or retention basins, in accordance with the standards prescribed in § 190-506B(4) hereinbelow.

Lakes or streams or an equivalent alternate acceptable to the Township Engineer.

For underground storage tanks, an adequate source of water shall be defined as a minimum of 3,200 gallons for each unit constructed on a lot. In the case of multiple or attached units constructed on one lot, each such unit must meet the requirements of this subsection.

The top of the tank shall be at least four feet underground. The tank shall be of fiberglass or other noncorrosive construction and shall be installed in accordance with the manufacturer's specification. In areas of high water table, the tank shall be installed with antiflotation footings and straps.

Each tank shall be furnished with a well, which shall have a capacity equal to or greater than the wells to service the units, and a standpipe.

The tank shall include an access manhole and inspection port to measure the water level, venting for 1,500 gallons per minute of discharge; suction piping connected to the bottom of the tank; a suction hydrant with a minimum of five NST threads located at an elevation of higher than 12 feet above the bottom of the tank and a suitable access road to the hydrant.

The tank(s) shall abut a street right-of-way.

Fire ponds/retention basins.

Fire ponds and/or retention basins must be designed to have and maintain a minimum of 20,000 gallons of water and shall be designed so that:

The fire pond or the lower section retention basin used for fire storage is at least five feet deep.

The twenty-thousand-gallon volume excludes the bottom one foot of depth and the top two feet of depth.

[3]

The pond/basin has an impervious bottom.

[4]

The pond/basin has an adequate flow of water during drought conditions.

The pond/basin shall be equipped with a standard suction point with strainer to a suction hydrant and a suitable access road and easements to the hydrant.

Lakes or streams may be used, subject to the subdivider demonstrating that the lake or stream meets the criteria set forth above for fire ponds.

§ 190-507 Lighting.

Streetlighting.

Streetlighting shall be provided for all street intersections. Moreover, additional streetlighting may be required for specific locations as deemed necessary for safety reasons and determined by the Township Engineer, e.g., in locations with limited or hampered sight distance due to existing vegetation; a sharp curve of the street; or an obtuse or sharply angled intersection.

The type of required streetlighting to be supplied shall be specified by the Township Engineer. The light intensity provided at ground level shall average at least 0.5 footcandle at intersections and 0.3 footcandle for other streetlighting as required.

Wherever electric utility installations are required to be underground, the applicant shall provide for underground service for required streetlighting.

Streetlighting in addition to that required in § 190-507A(1) hereinabove may be provided in planned developments which are optional development alternatives, at the discretion of the developer and subject to the approval of the Township Engineer and Board. Such streetlighting is optional and shall be maintained and operated by a homeowners' association established for the planned development. Optional streetlighting shall adhere to the standards set forth in § 190-507B hereinbelow. In cases where the developer proposes a type of lighting fixture other than that adopted by the Township for the required intersection and streetlighting, and consistent with a lighting plan for the planned development, the homeowners' association also shall maintain and operate the required streetlighting.

In the event the developer elects to install more streetlighting than required by the provision of § 190-507A(1) or nonstandard lighting fixtures, agreements between the Township and the developer, together with its successors and assigns, shall be entered into memorializing the perpetual obligations of the homeowners' association for maintenance and operation as hereinabove described.

On-site lighting.

All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, multiple-family or other uses shall be adequately illuminated for security and safety purposes.

The lighting plan shall indicate the location of each light, the direction of illumination, the type, wattage and isolux curves for each light, a computer-generated photometric grid showing the footcandle readings every 10 feet, the average footcandles on the improved portion of the site to be illuminated and the uniformity ratio, the hours of operation of the lighting and the manufacturers' catalogue details of the lighting poles and the light fixture, in accordance with the following:

The on-site lighting fixtures shall provide for nonglare lights with recessed lenses focused downward and full cutoff shields, as appropriate, in order to mitigate against any adverse impacts upon adjacent and nearby properties, the safety of traffic along adjacent roadways and overhead skyglow.

The light intensity provided at ground level shall be indicated in footcandles on the submitted plans for each fixture and shall average not less than 0.5 footcandle at intersections and 0.3 footcandle elsewhere in the area to be illuminated, and shall average, in any case, not more than one footcandle throughout the developed area to be illuminated.

All lighting shall be provided by fixtures with a mounting height of not more than 20 feet or the height of the building, whichever is less, measured from the ground level to the center line of the light source.

The objectives of these specifications is to minimize undesirable off-premises effects. No light shall shine into windows or onto streets and driveways in such a manner as to interfere with or distract driver vision.

Any outdoor lighting, such as building, recreational facilities and sidewalk illumination, attached building or canopy lighting, lighting of any structure or architectural element, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead skyglow. Any such additional lighting shall be considered in the overall on-site lighting intensity regulated in § 190-507B(2) above.

All lighting shall be automatically turned off during nonbusiness hours, except those lights for security purposes as identified on the site plan and approved by the Board. Any security lighting shall be automatically dimmed during nonbusiness hours.

Any outdoor lighting of recreational facilities accessory to a residential use(s) shall be shielded with recessed lens and focused downward. No light shall spill across lot lines, and where necessary, additional screening shall be provided to minimize undesirable effects on adjacent properties.

§ 190-509 Natural features and landscaping.

Floodlights and lighting directed upward are prohibited.

§ 190-508 Lot configuration.

Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.

Each lot must front upon an approved and improved street meeting the requirements set forth in § 190-515A of this chapter.

All lots shall be suitable for the purpose(s) of their intended use. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, limestone formations, high-water table, poor drainage conditions or flood conditions, percolation tests or test borings indicating the ground conditions to be inadequate for proper sewage disposal for on-lot sewage treatment or similar circumstances, the Board, after adequate investigation and receipt of a written report by the County Board of Health, where applicable, may withhold approval of such lots. If approval is withheld, the Board shall give reasons and notify the applicant and enter the same in the minutes.

Monuments shall be installed in accordance with the requirements of the New Jersey Map Filing Act and shall be indicated on the final plat.

All lots and/or buildings on lots shall be oriented for solar energy access where possible and desirable.

Natural features such as trees, hilltops and views, natural terrain, open waters, critical areas and natural drainage ridgelines shall be preserved to the maximum extent reasonably possible in designing any development containing such features. The development plan should clearly reflect the avoidance of unnecessary alteration of existing topography or the removal of vegetation and should propose development that will otherwise respect the established natural conditions of the site and its surroundings.

No topsoil shall be removed from areas intended for lawn and open space. Topsoil moved during the course of construction shall be redistributed on the lot so as to provide at least six inches of cover to all areas. All such distributed areas shall be stabilized by seeding, planting or sodding and be according to an approved soil erosion and sediment control plan approved by the Soil Conservation District when the disturbed area exceeds 5,000 square feet. In the event the site does not contain sufficient amounts of topsoil to provide six inches of cover to all areas of the development, the developer shall supply sufficient amounts to meet this requirement. Where found necessary by the Board, required seeding, sodding, water-retention structures, riprapping or other activities necessary to carry out the soil erosion and sedimentation control plan shall be made, subject to the provisions of adequate performance and maintenance guarantees. Other suitable ground cover may be used extensively to prevent erosion, especially in areas of steep grades, rock walls, and similar areas.

No soil or rock shall be removed from or be imported to any site within the Township without prior approval of the Township Engineer or his authorized representative. No quarrying activity or operation shall be permitted, including such activity in conjunction with an approved site plan or subdivision, except for the removal of rock required by the development plan as approved by the Board.

Regarding applications for major subdivision or major site plan development only, the applicant shall attempt to balance the earthwork on the site. Where soil or rock must be removed from the site or soil imported to the site, the applicant shall provide the Land Use Board with an estimate of the total amount of soil or rock to be excavated from the site and the total amount of soil to be imported to the site. The Land Use Board shall review the data as part of its review of the application for development. The information provided by the applicant shall also include an addressment as to how the soil is to be distributed and stabilized, including grades and contours, how the rock is to be excavated and removed from the site, and the depth to groundwater.

[Amended 7-18-2006 by Ord. No. 2006-14]

Moreover, if soil is to be imported to the site, the applicant shall describe to the satisfaction of the Township Engineer or his authorized representative the method and frequency of the testing of the imported soil in order to ensure its quality. Finally, the applicant shall describe the size and number of vehicles that are anticipated to haul the removed or imported soil or rock together with proposed truck routes.

A conscious effort shall be made to preserve the existing vegetation on the site during the design, planning and construction of the development. All existing trees having a caliper of six inches or more measured three feet off the ground which are not required to be removed by the proposed construction shall be protected by the installation of a snow fence or similar barrier prior to commencement of construction, and the grades shall not vary around the trees by more than six inches to 12 inches. The limits of disturbance together with the proposed location and species of the trees shall be indicated on the site plan and/or subdivision submission. Whenever the applicant shall excavate or fill in areas in the vicinity of large trees, the applicant shall notify the Township Engineer and, within 15 days of said notification, the Township Engineer shall advise the applicant if it requires a statement and/or sketches outlining compliance with this subsection.

A minimum of 12 trees per acre shall be planted on single-family residential lots, and a minimum of 12 trees per acre of gross tract shall be planted in open space areas. A minimum of 12 trees per acre of gross tract shall be planted throughout the tract in the case of nonresidential or multifamily development.

The Board may waive the required total number of trees where the availability of areas for the required trees is decreased because of the extent of existing vegetation to be retained or the provision of a landscaped buffer area. However, any trees provided to meet the street tree, retaining wall, and buffer requirements as well as the following requirements shall not be counted towards the minimum tree requirement.

In areas where topographic slopes greater than 15% are proposed to be disturbed or created and not withstanding the above, the applicant shall revegetate the steep sloped areas with ground cover, shrubs and trees to duplicate or enhance its original natural state and to stabilize the slopes and prevent soil erosion.

In stream corridor areas, as defined in § 190-606, where existing vegetation is sparse, additional plantings of indigenous species shall be required to enhance riparian buffers within the stream corridor so as to promote stability to the floodplains and slopes, to promote and protect the wildlife habitat, and to mitigate the impact of development on the water quality of the adjacent waterway.

General landscaping provisions. Landscaping provided as part of any development plan should provide for a variety and mixture of plantings. The selection should consider susceptibility to disease, colors, season, textures, shapes, blossoms, and foliage as well as local soil conditions and water availability. The site plan and/or subdivision plan shall show the location, species, size at planting and quantity of each plant.

All plantings shall be of a species common to the area, of nursery stock and free of insects and disease.

All newly planted shade trees shall have a minimum caliper of 2 1/2 inches measured six inches from the ground, shall be balled and burlapped, and shall be of a species indigenous to the area or as indicated on any list of acceptable deciduous trees where provided by the Township Environmental Commission.

Evergreen trees shall be at least six feet in height at the time of planting, balled and burlapped.

Flowering decorative trees may be of a smaller size than shade varieties. Trees shall not be less than one-and-one-fourth-inch caliper, measured six inches above the ground, nor less than six feet high. They must be well-branched, the branches to start not less than three feet from the crown of the root system. Trees shall be balled and burlapped.

Shrubs and hedges shall be a minimum 18 inches to 24 inches in height when planted, as appropriate to the species of plant material.

All plant material shall be guaranteed in accordance with § 190-902 for at least two years from the date of planting, and any plant material which does not survive within that time period shall be replaced by plant material of the same size and species, at the expense of the developer. A conscious effort shall be made to preserve the existing vegetation on site during the design, planning and construction of any development.

All plantings shall be installed in accordance with the American Nurseryman Guide, latest edition.

For the protection and enjoyment of natural features or other features deemed appropriate for preservation or conservation as set forth in the Township Master Plan, the Board may require conservation easements or conservation area deed restrictions, which shall be delineated by monuments, on such areas.

Prior to any clearing, grading or construction taking place on a site proposed for development, the conservation easement or restricted area(s) shall be clearly marked in the field and the monuments shall be installed, all subject to inspection and approval by the Township Engineer.

In stream corridor areas which are to be preserved by conservation easements or deed restrictions in accordance with this section and § 190-606 where existing vegetation is sparse, additional plantings of indigenous species shall be required to promote stability to the floodplains and slopes and to promote the wildlife habitat.

Natural landscaped screening, where required outside a buffer area, shall consist of a strip at least four feet wide, densely planted with evergreen shrubs or trees at least four feet tall at the time of planting, of suitable type and species that may be expected to form a year-round, dense screen at least six feet high within a period of three years. All such screening shall be maintained in good condition at all times and shall be interrupted only by sight triangle easements, sidewalks and driveways.

Buffers and buffer screening.

Buffer areas are for the primary purposes of visually separating one use from another and buffer screening is used to visually shield or obscure the view of one use from another and reduce noise perception and glare from direct or reflected light beyond the lot. Buffer widths shall be measured horizontally and shall be dimensioned as required in Article 400 or 600 of this chapter, as the case may be.

No structure, activity, drainage basin, storage of materials, parking of vehicles or any other improvements shall be permitted in a buffer area, except that underground utilities may be installed where the Board deems that a buffer screening is not necessary within the entire width of the buffer area.

The location and design of buffer screening within the buffer shall consider the use being screened; the distance between the use being screened; the distance between the use and the property line; differences in elevations; the types of buffers, such as dense planting, existing woods, a wall or fence; buffer height and width; and other combinations of man-made and natural features.

The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line or the more intense the use, the more effective and dense the buffer screening within the buffer must be in obscuring light and vision and reducing noise beyond the lot. A combination of evergreen trees, evergreen shrubs and deciduous trees shall be used at such density as determined by the Land Use Board to be appropriate considering the activities involved and any existing vegetation.

Buffer areas may include nonstructural stormwater management strategies which disconnect impervious surfaces and treat runoff from impervious surfaces; such strategies shall meet the requirements of Chapter 264, Stormwater Control, of the Code.

Where the topography permits, earthen berms may be created or required at a sufficient height to establish a buffer between the development and the right-of-way. Berms shall not be less than four feet in height, except where authorized by the Board, and they shall be stabilized by ground cover to prevent soil erosion and shall be planted with evergreen and deciduous trees according to an approved landscaping plan.

All buffer areas shall be planted and maintained with either grass or ground cover, together with a screen of shrubs or trees, meeting the following requirements:

The preservation of natural wooded tracts shall be an integral part of all site plans and subdivisions and may be calculated as part of the required buffer area, provided that the growth is of a density and the area is of a width to serve the purpose of a buffer or buffer screening.

Evergreen shrubs and hedges used in screen planting shall be at least four feet in height when planted and shall be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises.

Except for existing preserved or transplanted vegetation, evergreen species shall be at least six feet in height at the time of planting, balled and burlapped, and deciduous trees shall be at least two-and-one-half-inch caliper at the time of planting, balled and burlapped. All trees shall be of a species common to the area, of nursery stock and free of insects and disease.

Buffer areas shall be permanently maintained and kept clean of all debris, rubbish, weeds and tall grass. Plant material which does not live shall be replaced by the owner within two years or two growing seasons.

The screen planting shall be so placed that at maturity the plant material will be no closer than three feet from any street or property line.

The buffer area shall not be broken except for vehicular or pedestrian access points to assure a clear sight triangle, unless specifically approved by the Board.

(g)

The installation of that portion of the approved buffer necessary to screen a particular portion of the tract from being viewed from a bordering street or from an adjacent developed property shall be completed to the greatest extent possible prior to the development of that particular portion of the tract.

(h)

All plant material installed within the buffer shall be of native species.

Landscaping in parking areas shall be specified in accordance with the provisions of § 190-510A of this chapter. Street trees shall be provided in accordance with the provisions of § 190-515E of this chapter.

The Board, at its discretion, may consult with a landscape architect regarding the appropriateness of the landscaping plan as it relates to the physical characteristics of the site.

Landscaping in residential clusters. A comprehensive landscape plan shall be required as part of the approval of any residential cluster development. The landscape plan shall be prepared and signed by a licensed landscape architect, or other licensed and qualified professional as permitted by law, and shall be in accordance with the provisions of § 190-509, except that the following criteria shall be used for the determination of the required number of trees rather than § 190-509E hereinabove:

Street trees. Deciduous shade trees shall be planted along both sides of all streets within a residential cluster development in accordance with the requirements of § 190-515D of this chapter.

Landscaping on residential lots.

The applicant shall prepare and submit for Land Use Board approval a landscape plan for the residential lots in the residential cluster development. The landscape plan should be designed to enhance the appearance of the dwelling unit.

The landscape plan shall include a minimum of one deciduous tree and one evergreen tree, plus shrubs, ground cover plantings and foundation plantings. The dollar amount expenditure for the landscaping should not be less than the equivalent expenditure for the planting of trees at the ratio of 12 trees per lot and of the size specified in § 190-509F hereinabove, and any trees required to meet the street tree and buffer requirements and the required landscaping for any retaining wall, detention basin, stream corridor area and steep sloped area shall not be counted towards the minimum tree requirements.

The landscape plan for the residential lots may provide for alternative packages of plant material to be used on individual lots, provided that a matrix of the proposed planting packages is provided as part of the landscape plan submitted for review and approval by the Board.

The landscape plan must be provided by the developer as part of the base purchase price of the dwelling unit to a home buyer.

The landscaping shall be fully planted on the subject lot prior to the issuance of a certificate of occupancy for the subject single-family detached dwelling or, in the alternative, a cash bond shall be posted with the Township Council in a form acceptable to the Township Council in an amount equal to 120% of the approved estimated cost for the installation of the applicable landscape plan, assuring that the landscaping shall be fully planted no later than 12 months after the certificate of occupancy is issued.

Landscaping on open space lands. The landscaping of the open space lands within a residential cluster development shall be conceived in a total pattern throughout the tract, integrating the various elements of the subdivision design, providing privacy, and creating an aesthetically pleasing site environment. The landscaping plan shall include plant materials such as trees, shrubs, ground cover, perennials and annuals and may include other materials such as rocks, water, sculpture, art, walls, fences, brick and paving materials. The landscaping plan for the open space lands shall be designed in accordance with the following:

A minimum of 12 trees per gross acre of open space lands within the development shall be planted in the open space areas. Any trees required to meet the street tree and buffer requirements and the required landscaping for any retaining wall, detention basin, stream corridor area and steep sloped area shall not be counted towards the minimum tree requirements.

A conscious effort shall be made to preserve the existing vegetation on site during the design, planning and construction of the development. Where open space lands are set aside and are designated to remain in their natural state, the Board may waive the required total number of trees where the amount of existing woodlands to be retained is extensive but may require additional understory or supplemental plantings in lieu of the required trees, provided that the dollar amount expenditure for said landscaping shall not exceed the equivalent expenditure for the planting of the 12 trees per acre.

Each detention basin shall be bordered by evergreen trees unless an alternate landscape plan for a detention basin is approved by the Land Use Board.

Recreational areas shall be landscaped as appropriate, provided that tennis court fencing shall be bordered or screened by evergreen trees in any case where facing a public area, street, or residential dwelling, unless an alternate landscape plan is approved by the Land Use Board.

A buffer screening at least 50 feet in depth, except as otherwise specified in this chapter and except for single-family conservation clusters, shall be planted around the perimeter of the tract, and the buffer area shall include berming, evergreen trees and other plantings all in accordance with § 190-509I of this chapter.

§ 190-510 Off-street parking, loading areas and driveways.

For single-family conservation clusters, a buffer screening shall be planted in accordance with § 190-509I of this chapter between an existing public road and any residential lot where a residential lot is within 50 feet of said road and along the border of any residential lot and the farmland to be preserved in accordance with § 190-602E(12)(e) of this chapter.

Landscaping.

Except for detached dwelling units and multiple-family buildings, a screen planting, berm, fence, wall or combination thereof, no less than four feet or more than seven feet in height, shall be provided between the off-street parking areas of more than five vehicles and any lot line or street line except where a building intervenes or where the distance between such areas and the lot line or street line is greater than 150 feet.

All loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street and adjacent use throughout the year. Such screening shall be by an extension of the building, a fence, berm, wall, planting or combination thereof and shall not be less than four feet in height.

Each off-street parking area shall have a minimum area equivalent to one parking space per every 10 spaces landscaped with approximately 1/2 said area having shrubs no higher than three feet and the other half having a variety of trees with branches no lower than seven feet. Such landscaped areas shall be distributed throughout the parking area in order to break the view of parked cars in a manner not impairing visibility.

All landscaping in parking areas shall be carefully located so as not to obstruct the vision of drivers.

For additional and general landscaping standards, see § 190-509 of this chapter.

Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and public streets and shall be in accordance with § 190-507B of this chapter. The lighting of all off-street parking areas shall be shown, including any deferred parking areas, in accordance with § 190-510C hereinbelow.

Paving and curbing.

All parking and loading areas and access drives shall be paved as provided below, except that the Board, at the request of the applicant and in consideration of the specific parking needs of the applicant, may permit a reduction in the paved area devoted to parking for nonresidential uses, provided:

The submitted plan shall include all the parking spaces required by this chapter and shall include those spaces to be paved and those requested not to be paved;

All parking areas not to be paved shall be suitably landscaped, and such landscaping shall be indicated on the submitted plan and be in addition to landscaping otherwise required or necessary;

The drainage system for the site shall be designed to accommodate the surface water runoff from all parking and driveway areas, considering all such areas to be paved, whether proposed to be paved as part of the application approval or deferred to a possible future date; and

The applicant shall agree in writing on the submitted plan to pave any or all of the nonpaved parking areas should the paved parking areas prove to be inadequate to accommodate the on-site parking needs of the premises.

All parking and loading areas and access drives shall be paved as outlined below, except for single-family residential lots, unless otherwise specified by the Board and approved as part of the development application approval. All parking areas, regardless of size and location, shall be suitably drained and maintained.

Areas of ingress and egress, parking stalls, loading and unloading areas, major interior driveways or access aisles and other areas likely to experience heavy traffic shall be paved with not less than four inches of compacted base course of plant-mixed bituminous, stabilized base course (Mix No. I-2), constructed in layers of not more than two-inches compacted thickness and prepared and constructed in accordance with New Jersey Department of Transportation's Standard Specifications for Road and Bridge Construction (1989), and any amendments thereto. A minimum of two-inches compacted wearing surface of bituminous concrete mixtures (Mix No. I-5) shall be constructed thereon in accordance with the aforesaid New Jersey Department of Transportation specifications and amendments thereto. Parking stalls shall be paved with not less than three inches of compacted base course of plant-mixed bituminous stabilized base course with at least 1.5 inches of compacted wearing surface of bituminous concrete (FABC). All shall be constructed in accordance with the Standard Specifications of the New Jersey Department of Transportation.

Where subgrade conditions of proposed paved areas are wet, yielding or of such a nature that surfacing would be inadvisable without first treating the subgrade, the areas shall be excavated to a suitable depth of at least six inches to 12 inches below the proposed subgrade and filled with dense graded aggregate base materials as approved by the Township Engineer. Where required by the Township Engineer, a system of porous concrete pipe, subsurface drains or an alternate solution approved by the Township Engineer shall be constructed beneath the surface of the paved area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the surfacing material, as described heretofore, shall be constructed thereon.

All driveways for single-family residential lots shall be paved within the road right-of-way or easement as outlined below and as approved by the Township Engineer.

All driveways servicing a single-family residential dwelling shall be paved with bituminous materials unless waived by the Land Use Board on written request by the applicant establishing the standards required in N.J.S.A. 40:55D-51 during consideration of a minor or major subdivision application or by the Township Engineer when reviewing a building permit application for a lot not the subject of a subdivision application.

[Amended 7-18-2006 by Ord. No. 2006-14]

Materials; standards.

Bituminous concrete pavement for all driveways servicing single-family residential dwellings shall consist of the following materials:

[a]

A base course consisting of four inches of dense graded aggregate.

[b]

A surface course consisting of bituminous concrete surface course, Mix I-5, two inches thick, compacted.

All construction shall be performed in accordance with Township standards and the New Jersey Department of Transportation's Standard Specifications for Road and Bridge Construction.

The surface and thickness of a driveway that shall not be constructed of bituminous concrete pursuant to a waiver issued by the Land Use Board or Township Engineer shall be in accordance with standards set forth by the Township Engineer.

[Amended 7-18-2006 by Ord. No. 2006-14]

Permeable paving materials, which reduce the rate of runoff and total suspended solids (TSS) and promote groundwater recharge, shall be permitted for all driveways servicing single-family residential dwellings.

All paved parking and loading areas and access drives shall be curbed, except single-family residential drives.

All off-street parking lots shall have adequate signage and pavement markings to indicate traffic flow and parking spaces.

Curb returns shall have a minimum radius of five feet.

Access.

The center lines of any separate access points to a single lot shall be spaced at least 100 feet apart, shall handle no more than three lanes of traffic and shall be set back from the street line of any intersecting street at least 50 feet or 1/2 the lot frontage, whichever is greater, except that in no case need the setback distance exceed 200 feet.

Only one driveway access shall be permitted for one lot with 150 feet or less of frontage; for lots with 150 feet to 500 feet of frontage, two driveways shall be permitted; and for lots with greater than 500 feet of frontage, the number of driveways shall be determined during the development application review and approval process.

Continuous open driveways having a width in excess of 16 feet at the street line shall be prohibited except that two-way driveways serving nonresidential uses and multiple-family developments shall be at least 24 feet wide but no greater than 50 feet.

The minimum width of any driveway shall be 12 feet, except that the minimum width of any driveway for a townhouse or apartment dwelling unit shall be 10 feet. Where a waiver is granted by the Board to permit a shared driveway, said driveway shall be a minimum of 16 feet in width where it serves two dwellings and a minimum of 18 feet in width where it serves more than two dwellings. In all instances, due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes shall be given. Where a driveway to a dwelling unit exceeds 75 feet in length, adequate clearing, with stabilized shoulders where deemed necessary, shall be provided on each side of the driveway, and the radius of the driveway and the turnaround at the end of the driveway shall be designed to reasonably accommodate the turning movements of emergency vehicles regularly and routinely serving Allamuchy Township.

Curbing shall be depressed at the driveway or the curbing may be rounded at the corners and the driveway connected with the street in the same manner as another street.

All points of access to nonresidential and multifamily development shall be graded and adequate drainage facilities installed to prevent stormwater runoff from entering the public road. Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. All driveway profiles and grades shall be submitted to and approved by the Township Engineer. Should a sidewalk be so located with respect to the curb at a driveway opening that a vehicle undercarriage is likely to drag, the sidewalk involved should be adequately depressed or elevated to avoid such a result.

Where a driveway crosses a sidewalk, a concrete apron at the driveway opening shall be provided between the sidewalk and the depressed curb at the cartway.

No driveway access on any collector or arterial road shall be located on the following: on a traffic circle; on a ramp of an interchange; within 30 feet of the beginning of any ramp or other portion of an interchange; or any portion of such road where the grade has been changed to accommodate an interchange.

Driveways used for two-way operation shall intersect any local, collector or arterial road at an angle as near 90° as site conditions will permit and in no case less than 75°. Driveways used by vehicles in one direction of travel (right turn only) may form an angle smaller than 75°, but only with a collector or arterial road, when acceleration and deceleration lanes are provided.

Where a driveway serves right-turning traffic from a parking area providing 200 or more parking spaces and the abutting road is classified as an arterial or collector road, an acceleration lane shall be provided in accordance with "A Policy of Geometric Design of Rural Highways," American Association of State Highway and Transportation Officials (AASHTO). Where a driveway serves as an entrance to a development providing 50 or more parking spaces, a deceleration lane shall be provided for traffic turning right into the driveway from any collector or arterial road. The deceleration lane shall be at least 200 feet long and 13 feet wide measured from the abutting roadway curbline, except that a width of 15 feet shall be required where shoulders and/or bikeways are to be provided. A minimum forty-foot curb-return radius shall be used from the deceleration lane into the driveways.

Any curb opening shall be properly reconstructed to the satisfaction of the Township Engineer. Where curbing does not exist and conditions warrant, an adequate drainpipe shall be installed by the owner at the owner's expense, as determined by the Township Engineer prior to the issuance of a building permit on the abutting lot.

Driveway grades shall not be less than 1% and shall not exceed 10% for nonresidential driveways and 15% for residential driveways. Parking spaces and areas shall not be less than 1% in grade and shall not exceed a grade of 6%, and interior access aisles shall not exceed 6%.

Location of parking and loading.

The number of required off-street parking and loading spaces shall be in accordance with the requirements specified in Articles 400 and 600 of this chapter and shall be located on the same lot or premises as the use served, regardless of the number of spaces required by this chapter.

No parking of vehicles shall be permitted in fire lanes, streets, driveways, landscaped areas, aisles, buffer areas, sidewalks or turning areas, except as may otherwise be permitted in this chapter. The arrangement of off-street parking and loading spaces shall be such that no vehicle shall have occasion to back into any street. No perpendicular or angled parking shall be permitted on any through-access aisles or driveways leading to a parking area from a road.

Internal roads, parking access aisles, parking areas, curbs and landscaping shall be designed to reasonably accommodate the turning movements of emergency vehicles regularly and routinely serving Allamuchy Township without requiring the mounting of curbs or interference with landscaping. Where there is a row of contiguous perpendicular or angled parking stalls facing the facade of a building, there shall be a distance of at least nine feet in width between the building facade and parking stalls, defined by curbing, to allow access of an emergency vehicle to the facade of each building facing such parking. Moreover, where required by the Board and/or Township Fire Marshal or other such designated Township official, there shall be a designated fire lane at least 18 feet in width in front of the primary entrance into the principal nonresidential building, where parking of vehicles shall not be permitted.

All parking and loading areas, temporary stopping areas, maneuvering spaces, and driveways and access aisles shall be located in accordance with the provisions of Articles 400 and 600, except that at least 10 feet shall be maintained from any property line or street line for nonresidential uses and multiple-family developments.

In planned developments where additional off-street parking spaces for guests and overflow needs are required, those spaces shall be located in distinct parking areas within common open space and shall be reasonably distributed throughout the development to be available to the dwellings they are intended to serve. Parking spaces shall be provided in areas specifically for parking, and there shall be no parallel or diagonal designated parking spaces along interior streets.

Type of facility.

Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory or principal building setbacks, as applicable.

The provision of parking spaces shall include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. All single-family residential lots not within a planned development, and all single-family residential lots within a planned development and having direct driveway access to a nonlocal street, shall be provided with an on-site turnaround to permit vehicular access to the road in a head-on direction. All side-entry garages for residential dwellings shall be provided an area a minimum of 33 feet in length in front of the garage door(s) in order to allow for adequate ingress and egress to the garage unless a lesser length is permitted elsewhere in this chapter. Except for the driveway providing access to a garage, all parking areas shall be designed to permit a motor vehicle to proceed to and from a parking space without requiring the moving of any other motor vehicles. Aisles providing access to parking areas shall have the following minimum dimensions; where the angle of parking is different on both sides of the aisle, the large aisle width shall prevail:

Angle of Parking Space	One-Way Aisle (feet)	Two-Way Aisle (feet)
90°	Not permitted	24
60°	18	Not permitted
45°	15	Not permitted
30°	12	Not permitted
Parallel	12	20

Parking spaces, including handicapped parking spaces, shall be dimensioned in accordance with the definition of "parking space" in § 190-203 of this chapter.

§ 190-511 Performance standards for all uses.

Parking for the handicapped shall comply with the requirements of the Barrier-Free Subcode of the New Jersey Uniform Construction Code, N.J.A.C. 5:23-7.13 and 5:23-7:14 and the Americans With Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities.

For residential developments only, the standards and requirements of the Residential Site Improvement Standards, (New Jersey Administrative Code, Title 5, Chapter 21), dated January 6, 1997 and promulgated by the New Jersey Department of Community Affairs, which became law on June 3, 1997, shall supersede any of the above standards where applicable.

A development application and/or application for a construction permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the conditions that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. These provisions shall not apply to any sewage treatment plant which has received approval by the New Jersey Department of Environmental Protection and to any temporary, approved construction activities.

Electrical and/or electronic devices. All electric or electronic devices shall be subject to the standards, rules and regulations promulgated by the appropriate state and/or federal agency.

Glare. No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining units, adjoining districts or streets. Unless required by law, no lighting shall be a rotating, pulsating or other intermittent frequency.

Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which could cause the temperature to rise or fall in any body of water, except that this provision shall not apply to any sewerage plant which has received approval by the New Jersey Department of Environmental Protection.

Noise. Noise levels shall not exceed the standards set forth in the Code of the Township of Allamuchy, nor those rules established by the New Jersey Department of Environmental Protection, as they may be adopted and amended.

Odor. Odors due to nonagricultural and nonresidential uses shall not be discernible at the lot line or beyond.

Storage and waste disposal. No provision shall be made for the depositing of materials or waste upon a lot where they may be transferred off the lot by natural causes or forces or where they can contaminate an underground aquifer or otherwise render such underground aquifer undesirable as a source of water supply or recreation or where they will destroy aquatic life. No flammable or explosive substance shall be stored on any property except where approved by the Fire Department or Department of Community Affairs. Provision shall be made for all material or waste which might cause fumes or dust or which create a pollutant or which constitute a fire hazard or which may be edible or otherwise attractive to rodents and insects to be enclosed in appropriate containers to eliminate such hazards. With respect to solid waste, each property owner shall:

[Amended 2-19-2013 by Ord. No. 2013-02]

Assume full responsibility for adequate and regular collection and removal of all refuse, except to the extent such services are provided by the Township; in which case the property owner shall assume full responsibility for compliance with all regulations governing the provision of those services.

Comply with all applicable regulations of the New Jersey Department of Environmental Protection.

Permit no accumulation on the property of any solid waste, junk or refuse.

Comply with all provisions of the State Sanitary Code, Chapter VIII, Refuse, Disposal, Public Health Council of the New Jersey Department of Health.

Provide adequate covered solid waste containers, except where provided by the Township, which are not stored within the public view and are secured from vandalism. Compactor units shall afford completely sealed operation and efficient access by collection vehicles.

Provide for adequate removal of tree stumps, vegetative wastes and other similar debris from the site. Landfills or burial of such waste shall not be permitted.

Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless they comply with the minimum building setback requirements of this chapter and are equipped with baffles to deflect the discharged air away from the adjacent use.

Vibration. There shall be no vibration which is discernible to the human senses of feeling beyond the immediate lot.

Dust. Dust due to nonagricultural operations shall not be permitted to escape beyond the immediate lot.

Radiation. No use shall produce levels of radiation in excess of the level established by the Radiation Protection Act, L. 1958, c. 116 (N.J.S.A. 26:2D-1 et seq.) and standards promulgated pursuant thereto by the New Jersey Department of Environmental Protection.

Air, water and environmental pollution. No use shall emit any pollutant into the ground, water or air that exceeds the most stringent applicable federal, state or local statute, regulation and ordinance.

Nuisance. No use shall produce any nuisance, source of injury or sickness, foul or noxious waters, gases or vapors which may be hazardous or injurious to the public health, safety and welfare.

§ 190-512 Public utilities.

All public services shall be connected to an approved public utilities system where one exists. The developer shall arrange with the servicing utility for the underground installation of the distribution supply lines and service connections, in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff, as the same are on file with the New Jersey State Board of Public Utility Commissioners; provided, however, that lots not part of a new major subdivision or site plan which abut existing streets where overhead electric, CATV or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric, CATV and telephone service from these overhead lines, but any new service connections from the utilities' overhead lines shall be installed underground. In cases where extension or replacement of service is needed to existing or new buildings in established subdivisions or developments, the present method of service may be continued. In the case of existing overhead utilities, however, should a road widening or an extension of service necessitate the replacement or relocation of such utilities, the developer shall cause the replacement or relocation to be underground.

Upon submission of preliminary plats or plans for approval, the developer shall present a statement of interest, setting forth all public utility companies to serve the tract and a letter from each company stating that service will be available to the development. Any deviation from the statement of interest shall make null and void any approval granted by the Township.

Prior to the preconstruction meeting preceding the commencement of construction, the developer shall furnish the Administrative Officer a copy of the agreements with the applicable public utility companies certifying the jurisdiction of the public utility company for the particular portion of the Township, indicating agreement with the proposed utility installation design and stating who will construct the facility so that service will be available prior to occupancy. The form of such agreement(s) shall be reviewed and approved by the Township Attorney prior to the commencement of construction.

The developer shall provide the Township with four copies of a final "as-built" plan showing the installed location of the facilities.

Easements along property lines or elsewhere for utility installation may be required. Such easements shall be sized and located in consultation with the companies or Township departments concerned and, to the fullest extent possible, shall be centered on or adjacent to lot lines. Where feasible, in planned developments such easements shall be provided in common open space.

Such easement dedication shall be expressed on the plat or plan as follows: "Utility right-of-way easement granted for the purposes provided for and expressed in the Land Development Ordinance of Allamuchy Township."

§ 190-513 Sanitary sewers and septic systems.

Utility easements along the street right-of-way lines shall be provided in all new major subdivisions and shall be a minimum of 10 feet in width outside the street right-of-way.

Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient live screening to conceal such apparatus year round and in accordance with § 190-402G of this chapter.

On any lot where soil conditions, rock formations, woods or other special conditions exist, and the Board deems it a hardship to the developer to comply with the provisions of this section, the developer may apply to the Board for an exception from the terms of this section in accordance with § 190-607 of this chapter. Where overhead lines are permitted as the exception, the alignments and pole locations shall be routed to avoid locations along horizons, avoid the clearing of swaths through treed areas by selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the views of the poles and alignments, by following rear lot lines and other interior locations, and similar design and locations considerations to lessen the visual impact of overhead lines.

Sewers.

On lands within the existing or proposed sewer service area as indicated in the Allamuchy Township Wastewater Management Plan and where a public wastewater treatment plant and collection system is accessible to a property proposed for development, or where such facilities are to be constructed as a condition of approval of any application for development, the developer shall construct such wastewater treatment facilities and/or sanitary sewer lines and building connections in accordance with the Allamuchy Township Wastewater Management Plan, the "Sanitary Sewer System Rules and Regulations" for Allamuchy Township, December 1997 and as may be further amended, applicable county codes and New Jersey Department of Environmental Protection permit requirements, and in such a manner as to make adequate sewage treatment available to each lot and building within the development.

For residential developments only, the standards and requirements of the Residential Site Improvement Standards (New Jersey Administrative Code, Title 5, Chapter 21), dated January 6, 1997 and promulgated by the New Jersey Department of Community Affairs, which became law on June 3, 1997, shall supersede any of the above standards where applicable.

Septic system.

Where, in the written opinion of the Warren County Health Department, the soil characteristics of the subject land are of such quality to permit the use of subsurface sewage disposal systems as a means of sewage disposal, the same may be approved in the absence of accessibility to a public wastewater treatment plant or the construction of such treatment facilities by the developer.

Individual, on-site septic systems may be installed within the front yard of a lot. However, where mounded on-site septic fields are installed within the front yard area of a lot, the Board may require changes to the grading plan and/or a landscape screen between the property lines and mound.

Dry sewer lines. In the event of approval of the use of individual subsurface disposal systems on lands located within the existing or proposed sewer service area according to the Allamuchy Township Wastewater Management Plan, the Land Use Board additionally may require the installation of sewer lines, which must include connections to each building, for future use when public sewage treatment facilities are provided to serve the realty improvements to be constructed in the development.

[Amended 7-18-2006 by Ord. No. 2006-14]

Construction of dry sewer lines. The end fitting of all dry sanitary sewer building connection lines shall have a tamperproof plug or cap, temporarily sealed with a material that can be removed to utilize the fitting when the system is to be activated. The Department of Community Affairs or the Plumbing Inspector shall affix an adhesive-backed disc on the cap or plug, bearing a preprinted message and instructions related to tampering and future use, that will be sufficient to alert and warn the original and subsequent occupants of the building. The capping and plugging shall be performed by the developer at his expense.

[Amended 2-19-2013 by Ord. No. 2013-02]

Additional standards.

All sanitary sewer lines shall be tested in accordance with the utility company or Township rules and regulations, whichever is applicable.

It is the developer's responsibility to expand any on-tract public sanitary sewers to the limits of the tract boundary line to service future development and to conform to the Township's Master Plan and Wastewater Management Plan. Moreover, it is the developer's responsibility to maintain all sanitary sewer improvements for partially completed developments.

§ 190-514 Signs.

[Amended 2-19-2013 by Ord. No. 2013-02; 5-21-2013 by Ord. No. 2013-05; 8-13-2025 by Ord. No. 2025-08]

The purpose of these regulations is to:

Control the size, location, character and other pertinent features of all exterior signs or signs visible from the exterior of any premises within Allamuchy Township;

Promote signage which is compatible with its surroundings, orderly, readable, appropriate, helpful, and nondistracting to motorists; and

Discourage and render unlawful signs which show visual pollution and clutter, are in disrepair, or are in any way inimical to the public safety and welfare.

General provisions. No signs shall be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises unless specifically permitted herein. No billboards shall be erected or replaced. No signs shall be erected, altered or replaced which are not in accordance with the standards established in this chapter. The erection of any sign shall require a sign permit unless specifically exempted herein. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs, other places of business, or other signs or windows of the building on which it is located. No advertising sign shall be erected or located on, within, or over any public right-of-way except as specified hereinbelow. All signs shall conform to the requirements of the Uniform Construction Code[1] and other applicable codes of the Township of Allamuchy.

Animated, flashing and illusionary signs. Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.

Height. No freestanding or attached sign shall be higher than 20 feet, measured to the top of the sign from grade, except that no sign shall exceed any lesser height if particularly specified.

Freestanding signs. Freestanding signs shall be supported by one or more columns or uprights which are firmly imbedded in the ground or shall be ground-mounted. Exposed guy wires, chains or other connections shall not be a support of a freestanding sign. Freestanding signs shall require site plan approval.

Illuminated signs.

Illuminated signs shall be arranged to reflect the light and glare away from adjoining lots and streets. No sign with red, green, blue or amber illumination in a beam, beacon or flashing form resembling an emergency light or traffic signal shall be erected in any location.

Indirect or interior lighting may be used to illuminate any sign, unless otherwise indicated, provided that the source of light shall concentrate the illumination upon the area of the sign in a manner to prevent glare upon the street or adjacent property. The source of light shall not project light above the highest elevation of the illuminated area of the building or create any sky glow. Indirect lighting shall be attached to the sign and focused downward onto the sign face.

Information, direction and nameplate signs. Street number designations, postal boxes, "private property," "no hunting," on-site directional and parking signs and warning signs are permitted in all zones but are not considered in calculating sign area. No such signs shall exceed two square feet in area, nor do such signs require a sign permit. Nameplate signs, displaying the name and address of the principal occupant only, are permitted within the property lines of any residential lot, provided the sign does not exceed 300 square inches in total area; such signs do not require a permit.

Maintenance. All signs, including official signs, together with all their supports, braces, hooks, anchors and other fastening devices, shall be of substantial and sturdy construction with durable materials, shall be kept in good repair, and shall be painted or cleaned as often as necessary to maintain a clean, neat, safe and orderly appearance. The area surrounding the sign and the mounting area on the ground level beneath permitted freestanding or pylon signs existing on the effective date of this chapter, as well as those hereafter erected, enlarged, or reconstructed, shall be maintained in a clear, neat, safe, and orderly condition and shall not be allowed to become dilapidated or unsightly.

Perpendicular signs. Perpendicular signs shall be firmly attached at a ninety-degree angle to the exterior wall of a building, shall not project more than four feet at their furthest point from the building, and shall be mounted no closer than 10 feet at their lowest point to the finished grade below.

Portable signs. No sign shall be exhibited which is portable, i.e., fixed on a movable stand, self-supporting without being firmly imbedded in the ground, supported by other objects, mounted on wheels or movable vehicles or made easily movable in some other manner.

Sign area. The area of a sign shall be measured around the edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the display itself.

Signs with two exposures. Such signs shall be measured for area by using the surface of one side of the sign only. Both sides may be used.

Wall fascia or attached signs. Wall fascia or attached signs shall be firmly attached parallel to the exterior wall of a building and shall not project more than six inches from the building. No sign shall be located on a roof.

Window signs. Interior window signs are permitted in any commercial or industrial district and shall not be considered in computing the allowable signs; provided, however, that such interior signs shall not exceed 15% of the total window area.

(13)

The flag of the United Sates of America or the Sate of New Jersey. The flag of the United States of America or the State of New Jersey may be displayed in all zones and does not need a sign permit.

(14)

Signs on vacant premises. The owner of a property shall remove the advertising, message, symbol or other information conveyed by any sign within 30 days after the activity, business or use to which the sign advertises or calls attention is no longer conducted in or upon the premises or is abandoned.

Editor's Note: See Ch. 120, Construction Codes, Uniform.

Temporary signs.

Nonprofit organization event signs. The erection of up to three temporary signs announcing an event sponsored by said nonprofit organization shall be permitted without a sign permit, provided the following requirements and regulations are met:

One sign may be located on the property owned by the nonprofit organization, if and wherever such property exists, and up to two signs may be located on properties other than that which may be owned by the nonprofit organization, provided said properties are situated within nonresidential zones.

The written application to the Zoning Officer by the nonprofit organization shall include a written representation by the owner of the property upon which a sign is to be located, giving permission for the display of said sign and a sketch indicating the proposed location of the sign(s) and the graphic material to be placed on the sign(s).

Permitted signs may be freestanding or attached. Each sign shall not exceed 30 square feet in area. If freestanding, the sign shall not exceed five feet in height and shall be set back from all street, driveway and property lines a distance equivalent to one linear foot for each 2 1/2 square feet of sign area.

The permitted signs shall not be illuminated and shall be located so as not to interfere with driver vision.

All signs shall be constructed of wood, be neatly painted and adequately secured for aesthetic and safety purposes.

No more than one sign for any particular nonprofit organization shall be permitted on any particular property at the same time, and no more than two nonprofit organization event signs shall be permitted on any particular property at the same time.

(g)

Permitted signs may be displayed for a period not to exceed 30 days prior to the event and the specific time period for the display of all signs shall be indicated on the written application to the Zoning Officer. The signs shall be removed within 24 hours after the event.

(h)

It shall be the responsibility of the nonprofit organization to remove all permitted signs prior to the expiration of the specified time period for their display.

Political signs. Political signs temporarily giving notice of political campaigns shall be set back at least 15 feet from all street and property lines, shall not exceed 16 square feet in area, and shall not be posted on utility poles or trees. Signs shall be permitted within 30 days prior to any municipal, county, state or national election and shall be removed within five days after election. All such signs do not need a sign permit.

Real estate signs. Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof do not need a sign permit, provided that the signs shall conform to the following requirements:

All real estate signs shall be nonilluminated and shall not exceed six square feet in area.

All real estate signs shall be, if not attached to the building, set back at least 10 feet from any street lines, shall not be attached to any tree or utility pole, and shall comply with applicable side yard requirements for the zone in which it is located.

For approved site plans or major subdivisions at the start up of construction, one sign not exceeding 32 square feet in area shall be permitted during construction, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a certificate of occupancy or the expiration of the construction permit, whichever comes first, provided said sign is on the site where the construction is taking place, is not on any existing or proposed street or easement, and is set back at least 30 feet from all street and lot lines.

All real estate signs shall be removed at the expense of the advertiser within seven days after the termination or completion of the matter of business being advertised or, in the case of residential subdivisions, when 95% of the lots have been initially sold. Further, in the case of a subdivision or site plan undergoing construction, the sign shall be removed if construction activity ceases for a period of six consecutive months.

Only one real estate sign may be erected on the property to be sold or rented.

Seasonal agricultural signs. As used herein, the term "seasonal agricultural signs" shall mean temporary signs noticing the sale of a seasonal agricultural product from a roadside farm stand or a farm, as defined and permitted by ordinance, which offers for direct sale to the general public agricultural produce. Seasonal agricultural signs shall be permitted in the Township without a sign permit, in accordance with the following conditions, limitations and restrictions:

Each seasonal agricultural sign shall be no more than eight square feet in area, located so that the top half of the sign is no more than four feet from ground level, and secured or anchored so as to prevent the sign from being removed by any breeze, wind, or other natural forces.

All seasonal agricultural signs shall be nonlighted.

Seasonal agricultural signs may only be posted during the harvest season of the particular produce being sold from the permitted roadside stand or farm. Such signs shall be removed immediately following the conclusion of the crop's harvest season.

No more than three signs may be posted for the roadside stand or farm at any one time.

The writing and symbols appearing on any seasonal agricultural sign shall be limited only to that necessary to assist the automobile-traveling public in locating the subject roadside stand or farm.

Seasonal agricultural signs shall be set back from the paved cartway a minimum distance of three feet but in no case shall be located within the right-of-way. All seasonal agricultural signs shall be located on the premises of the roadside stand or farm where the sale of seasonal agricultural products is conducted.

(g)

Any person posting a seasonal agricultural sign off the farmed premises shall have first obtained permission to place the sign from the owner of the property.

(h)

Any person posting a seasonal agricultural sign shall be responsible for any damage to person or property caused by its placement or movement.

Other temporary signs.

Temporary displays or lighting as a customary part of the holiday decoration on the property it serves for the extent of time of that particular season. No sign permit is required.

A new business may display pennants and banners for a maximum of 15 days during its grand opening. For purpose of this section, a "new business" shall be defined as a change of ownership or formation of a new business. No sign permit is required.

One "opening," "closing," "under new management" or a sale sign in any commercial or industrial district, not to exceed 30 square feet in size or to be displayed for not more than 30 days, provided a sign permit is issued.

Temporary signs in the form of banners crossing a public road require the approval of the Township Council and the issuance of a certificate of insurance. The erection of the banner shall be subject to inspection by the Department of Community Affairs.

Special permit signs. Signs which do not lend themselves to the ordinary processes of measurement or, because of their nature, require special control may be permitted when the Land Use Board finds such signs to be in conformance with the intent of this section and appropriate to the type of development or structure to which they are related. Signs of or similar to the following type require site plan approval:

Signs integrated or structurally incorporated into the architecture of buildings.

Signs formed by the arrangement or cutting of landscaping materials or plantings.

Prohibited signs. The following signs are prohibited:

Signs which have any lighting or control mechanisms which cause radio, television or phone interference.

Any sign so erected, constructed, or maintained to obstruct or be attached to any fire escape, window, door, or opening used as a means of egress or ingress or for fire-fighting purposes, or placed so as to interfere with any opening required by law for ventilation.

Signs utilizing the colors red or green in their illumination, when said signs are placed within 100 feet of a street intersection.

Signs which in any way simulate official, directional or warning signs erected or maintained by State of New Jersey, County of Warren, or Allamuchy Township or by any railroad, public health or safety agency concerned with the protection of the public health or safety, or which use the word "stop" or "danger" or otherwise present or imply the need or requirement of stopping or caution or the existence of danger.

Signs which may dangerously confuse or distract the attention of the operator of the motor vehicle or which are placed or designed in such a manner as to interfere with or be mistaken for a traffic sign or interfere with the visibility of traffic.

Hanging signs which are affixed to any tree, fence, or any electrical, telephone or other public utility pole.

Signs which hide from view any traffic or street sign or signal.

Signs which consist of banner, posters, ribbons, streamers, strings of light bulbs, spinners or any other similar types of devices, whether or not they contain a message, with the exception of grand opening signs or marquee-type lighted signs.

Signs located, painted or affixed on a water tower, storage tank, tower or other similar structure.

Signs located, painted or affixed on trees, rocks or other natural features.

Signs which extend above the top or beyond the ends of the canopy, marquee, or mansard surface of the wall on which they are located.

Any permanent string of lights or illuminated tubing outlining property lines, open sales areas, wall edges, rooflines, doors or windows of building.

(13)

Attached signs which protrude more than 12 inches from the surface to which they are attached.

(14)

Signs made of neon or similar materials.

Street signs.

Unless otherwise specifically approved as part of a submitted subdivision or site plan application for development, street signs shall be of the type, design and standard previously installed elsewhere in the Township. The location of any and all street signs shall be determined by the Township Engineer, but there shall be at least two street signs provided at each intersection. All street signs shall be installed free of visual obstruction and shall be read horizontally and not vertically. The lettering and background for the signs shall be of sufficiently contrasting colors to facilitate easy readability.

If street signs other than those installed elsewhere in the Township are approved as part of a subdivision or site plan application for development, provision must be made by the applicant for maintenance and/or replacement of said signs by an entity other than the Township.

Sign permits.

A sign permit shall be required before the erection, re-erection, laminating, changing of panels, construction, alteration, placement or location of any permanent sign or freestanding sign permitted by this chapter.

Before the issuance of any permit required by this subsection, the applicant shall pay to the Treasurer of the Township of Allamuchy the required fee in accordance with the building permit fee schedule of the Uniform Construction Code and the sign permit fee in accordance with § 190-901 and shall complete an application form and submit plans and any other required documentation to the Construction Office.

Plans shall conform to the requirements as stated on the application form. In addition, when application is made for a freestanding, pylon or special permit sign, a minor site plan shall be submitted in the manner prescribed by this chapter.

In addition to other signs exempted elsewhere in this section, the following exemptions shall apply only to the requirements for a sign permit and shall not be construed as relieving the owner of the sign from the responsibility for its erection and maintenance in good and safe condition:

Memorial tablets or signs, bearing the name of a building and date of erection, when cut into masonry surface or when constructed of bronze or other noncombustible materials, provided they are no larger than six square feet in area.

Traffic or other municipal signs, legal notices, railroad crossing signs, and/or danger signs as may be erected by governmental or public utility employees in carrying out their official work.

Names on mailboxes.

Signs used on property, warning the public against hunting or trespassing thereon.

Signs located on the premises of places of worship, public libraries, hospital buildings, and buildings exclusively by federal, state, county and local government for public purposes, provided they conform to the requirements of this chapter.

Wall or ground traffic-directional signs containing such words as "one-way," "do not enter," "stop" and "exit," which may be located on property in any zone, provided the locations and sizes are approved by the Land Use Board during site plan review.

Illegal signs. Any sign erected or applied in violation of this section shall be removed by the owner within 10 days after receipt of written notification by the Department of Community Affairs.[2]

§ 190-515 Streets, sight triangles, curbs and gutters, sidewalks, pathways and bikeways, and street trees.

Editor's Note: Original Section 514I, Penalty, which immediately followed this subsection, was repealed 5-21-2013 by Ord. No. 2013-05. See § 190-1004, Violations and penalties, for the penalty provisions for this chapter.

Streets.

All developments shall be served by paved streets in accordance with the approved subdivision and/or site plan. The arrangement of such streets not shown on the Master Plan or Official Map, as adopted by the Township, shall be such as to provide for the appropriate extension of such streets and conform with the topography as far as practicable. Local streets shall be planned so as to discourage through traffic.

When a new development adjoins land susceptible of being subdivided or developed, suitable provisions shall be made for access to adjoining lands. Two means of access from existing streets to a new development shall be provided, where feasible. Where only one means of access is provided, future extension(s) into adjacent, adjoining lands shall be provided unless existing physical conditions prohibit such connections.

In the event that a development adjoins or excludes existing streets that do not conform to widths as shown on the adopted Master Plan or Official Map or the street width requirements of this chapter, additional land along either or both sides of the street, sufficient to conform to the right-of-way requirements, shall be dedicated for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way.

The necessary deeds of ownership shall be furnished, and the dedication shall be expressed as follows: "Street right-of-way granted for the purposes provided for and expressed in the Land Development Ordinance of Allamuchy Township."

If the development is along one side only, 1/2 of the required extra width shall be dedicated and shall be improved, including excavation, drainage, utilities, base course and surfacing, in accordance with the approved application. Final approval of a development application shall not be construed as the acceptance of a street or portion thereof dedicated to public use.

In all residential developments, the minimum public street hierarchy, right-of-way width, cartway width and overall cross section shall be designed in accordance with the Residential Site Improvement Standards (N.J.A.C. 5:21-7 et seq.). In all other developments, the minimum public street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street, although a greater width may be required in accordance with the following schedule and the "Cross Sections of Roads" included in the traffic circulation plan element portion of the Township Master Plan:

[Amended 7-18-2006 by Ord. No. 2006-14; 2-19-2013 by Ord. No. 2013-02]

		Traffic Lanes
Roadway Category	Right-of-Way Width¹ (feet)	No.	Width	Shoulder Width Within Cartway (feet)	Width Outside Cartway on Each Side² (feet)	Width of Cartway¹ (feet)
Interstate 80	To remain as currently improved except as otherwise required by the state.
Rural minor arterial	66	2	12	8³	13	40⁵
Rural major collector	60	2	12	8⁴	10	40⁵
Rural minor collector	54	2	12	5⁴	10	34⁵
Primary local	50⁶	2	12	3⁴	10	30⁵
Secondary local	50⁶	2	15	—	10	30⁷

NOTES:
¹	Right-of-way width and/or width of cartway may be required to be more within and approaching intersections [see § 190-515A(13) hereinbelow]. Rights-of-way shall be fully graded for entire width, unless otherwise specifically approved by the Land Use Board, with all slopes being formed on the outside of the right-of-way. No slopes shall be steeper than 3:1 at the right-of-way line.
²	Shall be grass-stabilized topsoil, minimum four inches thick, unless otherwise specifically approved by the Township Land Use Board.
³	At least 1/2 of the required width of the shoulder area shall be paved.
⁴	Shoulder areas shall not be paved except as may be required by the Land Use Board for proper surface water drainage, intersection traffic movements, and road geometry through curves. When not required to be paved, the shoulder area, or portion(s) thereof, shall be approved by the Township Land Use Board to remain in its natural vegetative state, be cleared for sight distance safety purposes, be improved for drainage purposes, and/or be cleared, graded and appropriately stabilized with an all-weather surface for traffic movements and the parking of disabled vehicles.
⁵	No on-street parking permitted.
⁶	Except that for local streets within a planned development (e.g., residential clusters, MR and APT Districts) which are under private ownership, the right-of-way shall be considered coterminous with the required cartway, provided an easement of 10 feet in width is provided either on both sides of the cartway or in other appropriate locations as may be specifically approved by the Board for the placement of curbs, sidewalks, utilities, drainage and landscaping.
⁷	Except in specific instances within a planned development where a pavement width of 26 feet to 30 feet may be appropriate and may be approved by the Board based upon adequate information that the eventual street network in the area will not necessitate a wider cartway.
On-street parking shall be permitted as follows:
	Within any development where the pavement width is 30 feet, parking is permitted on both sides of the street.
	Within a residential cluster or the APT District where the pavement width has been reduced to less than 30 feet, no on-street parking shall be permitted and designated off-street guest parking spaces shall be provided at the ratio of 1/2 space per residential unit.
	Within any other planned development where the pavement width has been reduced to less than 30 feet, no on-street parking shall be permitted, unless previously approved by the Board as part of a site plan or subdivision application.
Mountable belgian block or concrete curbing may be required on one or both sides of the street as determined appropriate by the Board after consultation with the Department of Community Affairs or other designated official, considering both the necessity of emergency vehicular access and the practical ability to provide a transition between vertical and mountable curbing.

Grade, slope and center-line radius.

Longitudinal grades on all local streets shall not exceed 10%, and longitudinal grades on arterial and collector streets shall not exceed 3%. The minimum grade shall be no less than 0.5%. Maximum grades on any street for a distance of 100 feet from an intersection shall be 3%.

All changes in grade where the algebraic difference in grade exceeds 1% shall be connected by a vertical curve having a length of at least 30 feet for each two-percent difference in grade for local streets and at least 50 feet for collector or arterial streets, or portion thereof, and providing minimum sight distances at 350 feet for local streets, 500 feet for any collector street and 800 feet for an arterial street.

A road shall have a minimum cross-slope of 2% and a maximum cross-slope of 4% unless the road is super-elevated, in which case the road shall be designed in accordance with the Transportation and Traffic Engineering Handbook, ITE, latest edition.

Center-line radius on horizontal curves.

Except for streets within those portions of planned developments to be developed with multiple-family housing, the minimum center-line radius on horizontal curves shall be 250 feet for local streets, 500 feet for collector streets, and 850 feet for arterial streets. However, in the case of local streets where, because of the shape of the tract being subdivided or because of topographical conditions, it is not feasible to adhere to the minimum radius of 250 feet, the minimum pavement must be widened as the radius decreases in order to accommodate the widened path of a turning vehicle:

Radius (feet)	Added Pavement Width (Symmetrically) (feet)
250	0
225 to 249	2
200 to 224	3
175 to 199	4
150 to 174	5

For local streets within those portions of planned developments to be developed with multiple-family housing, the minimum center-line radius on horizontal curves may be reduced to 150 feet, provided that no parking is permitted on either side of the street, and provided further that the Township Engineer, after consultation with the Department of Community Affairs or Fire Marshal, is satisfied that adequate maneuvering of emergency vehicles can be accommodated.

[Amended 2-19-2013 by Ord. No. 2013-02]

Street intersections.

Street intersections shall be as nearly at right angles as possible and in no case shall be less than 80° at the point of intersection. Curblines shall be parallel to the center line. Approaches to all intersections involving collector or arterial roads shall follow a straight line or a curve with a radius of not less than 700 feet for at least 100 feet. No more than two streets shall meet or intersect at any one point and the center lines of both intersecting streets shall pass through a common point. Collector and/or arterial streets intersecting another street from opposite sides shall either be directly opposite each other without offset or shall have at least 250 feet offset distance between center lines. Street jogs with center-line offsets on local streets of less than 125 feet are prohibited.

Any development abutting an existing street classified as an arterial or major collector shall be permitted only one new street connecting with the same side of the existing street; except, where the frontage is sufficient, more than one street may intersect the arterial or major collector street, provided the streets shall not intersect with the same side of the existing street at intervals of less than 800 feet.

The block corners of intersections shall be rounded at the curbline with the street having the highest radius requirements, as outlined below, determining the minimum standards for all curblines.

Arterials: 40 feet.

Collectors: 30 feet.

[3]

Local streets: 25 feet.

A tangent at least 100 feet long shall be introduced between reverse curves on arterial or collector streets, and a tangent of at least 50 feet shall be introduced between reverse curves on local streets. When connecting street lines deflect from each other at any one point, they shall be connected by a curve with a radius conforming to standard engineering practice as contained in the Transportation and Traffic Engineering Handbook, ITE, latest edition.

Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage lots with planted buffer strips or such other means of separation of through and local traffic as the Board may determine appropriate. Any driveway entering onto arterial and collector streets shall have an on-site turnaround. No subdivisions showing reverse strips controlling access to streets shall be approved, except where the control and disposal of land comprising such strips has been placed in the governing body under conditions stipulated or approved by the Board.

Culs-de-sac and turnarounds.

Culs-de-sac shall be no more than 750 feet in length, measured along the center line of the cul-de-sac street from the center line of the intersecting through street to the street line at the end of the cul-de-sac turnaround, but in any case shall provide access to no more than 20 dwelling units.

A turnaround shall be provided at the end of the cul-de-sac with a radius of 40 feet on the curbline plus a utility and planting strip of 10 feet within the right-of-way around the entire cul-de-sac, except that the cul-de-sac radius may be reduced to 30 feet on the curbline for planned developments where less disturbance of the existing grades is desirable and where the streets shall be privately owned. Where the cul-de-sac radius is reduced to 30 feet as permitted herein, the required lot frontage, lot depth, front yard area and building setback shall be measured from a line which is parallel to the street and measured 10 feet into the lot from the street line. The center point shall be offset to a point where the radius becomes tangent to the right curbline of the associated street. If a cul-de-sac is temporary, the turnaround shall be provided temporarily with provisions for the future extension of the street with the removal of the temporary turnaround and reversion of the excess right-of-way to adjoining properties.

No street shall have a name which will duplicate or so nearly duplicate, in spelling or phonetical sound, the name of an existing street name that confusion results. The continuation of an existing street name shall have the same name. Curvilinear streets shall change their name only at street intersections. The names of new streets must be approved by the Township Council.

The pavement width of streets and the quality of subsurfacing and base materials shall adhere to the minimum standards set forth by the county or state engineers when said paving concerns roads under their jurisdiction and where such standards exist. Concerning streets under the jurisdiction of the Township, the following minimum standards shall apply:

All streets as defined herein are to be constructed in accordance with plans and specifications prepared by a New Jersey licensed professional engineer and which have been approved by the Township Land Use Board and Township Engineer. The plans and specifications shall include information on existing topographic conditions within the proposed right-of-way and final finished road grades, which information shall be presented both in profile and cross section. The plans and specifications shall provide for a road design that complies with the requirements of this chapter and with accepted street and highway design publications, such as the New Jersey Department of Transportation Roadway Design Manual as currently amended, the New Jersey Department of Transportation Design Manual for Bridges and Structures as amended from time to time, and the American Association of State Highway and Transportation Official's "A Policy on Geometric Design of Highways and Streets (1990)." Publications other than those referenced above shall not be utilized for design purposes unless approved by the Township Engineer.

[Amended 7-18-2006 by Ord. No. 2006-14]

All streets shall be constructed of bituminous concrete in accordance with the New Jersey Department of Transportation's "Standard Specifications for Road and Bridge Construction (1989)," as amended from time to time.

Primary and secondary streets.

Primary and secondary local streets shall be constructed of the following bituminous materials:

[a]

A base course consisting of bituminous-stabilized base course, Mix I-2, five inches thick, compacted.

[b]

A surface course consisting of bituminous concrete surface course, Mix I-5, two inches thick, compacted.

Alternate pavement sections may be permitted if it is proven that the alternate section is structurally equal to or better than the standard above. Alternate pavement section proposals must be supported by a report that is prepared by a licensed professional engineer and shall be submitted to and approved by the Township Engineer.

Collector and arterial streets shall be constructed of bituminous materials in thicknesses that shall be determined by a New Jersey licensed professional engineer. A pavement design report must be submitted to the Township Engineer for review and approval for all collector and arterial streets. In no case shall the thickness of the pavement section for a collector or arterial street be less than the minimum standards set forth for a primary local and secondary streets in this subsection.

Unstable subbase or subgrade conditions, including areas which develop prior to or ahead of the placement of the base course, shall be corrected by scarifying, reshaping and recompacting or by replacement as required, as determined by the Township Engineer.

The location and terminal of the right-of-way must not interfere with other streets of the Township and shall be so constructed as not to constitute a traffic hazard or to seriously interfere with the access of any abutting property owner to a through street. In all cases where a proposed street or driveway will intersect a street which is within the jurisdiction of the New Jersey Department of Transportation, written approval of such intersection by such Department shall be submitted to the Township Council.

(13)

When a street within a major subdivision intersects with an arterial or collector street or where a driveway serves as an entrance to a development providing 50 or more parking spaces, a deceleration lane shall be provided for traffic turning right into the street or driveway from the arterial or collector street. The deceleration lane is to be at least 200 feet long and at least 13 feet wide measured from the proposed edge of the pavement of the arterial or collector street.

(14)

In blocks over 1,000 feet long, pedestrian crosswalks or bikeways may be required where practical in locations deemed necessary by the Board. Such walkways shall be designed to be 10 feet wide and straight from street to street. Where crosswalks are located on through streets or high-traffic-volume streets or in higher density development, the use of concrete pavers or other raised material to delineate the crosswalk and caution drivers is encouraged. The type and design of crosswalks shall be subject to the Board's approval.

(15)

In residential developments or areas, the use of traffic-calming designs is encouraged to slow through traffic and to provide safety for the residents of the development or area. The type and design of traffic-calming devices shall be subject to the Board's approval.

Sight triangles.

Sight triangle easements shall be required at intersections of a street with another street and at intersections of a street with a driveway providing ingress and/or egress to nonresidential developments. The sight triangle easement shall be in addition to the specified right-of-way width of a street and cartway width of a driveway and shall not contain any grading, planting or structure more than 30 inches above the center line of the street and/or driveway or lower than eight feet above their center lines, except that street and traffic signs, fire hydrants and light standards may be located within a sight triangle easement.

The sight triangle is that area outside of the street right-of-way or driveway cartway bounded by the intersecting street right-of-way or driveway cartway lines and the straight line connecting "sight points," one each, located on the two intersecting street or driveway center lines. In the instance of intersections with no "stop" controls, the "sight points" shall be 90 feet.

Stop-controlled intersections.

In the instance of stop-controlled intersections, sight triangles shall be provided as follows in accordance with the standards established by the Institute of Traffic Engineers, specifically, the most current edition of the Transportation and Engineering Handbook. The required dimensions of the sight triangle shall depend upon the design speed of the uncontrolled street, which design speed shall be established by the Township Engineer, and the sight triangle shall be laid out so that a driver 15 feet from the proposed or future edge of pavement of the uncontrolled street can see approaching traffic at the following distances related to the design speed:

	Design Speed of Uncontrolled Street (mph)	Minimum Required Sight Distance (feet)
	25	250
	30	300
	35	350
	40	400
	45	450
	50	500

Additional lands may be required to be included within the sight triangle easement in order to provide an unobstructed view for the entirety of the minimum distances noted hereinabove.

The dedication of sight triangle easements shall be expressed on a subdivision plat or site plan as follows: "Sight triangle easement deeded for purposes provided for and expressed in the Land Development Ordinance of Allamuchy Township." Easements shall be required in accordance with § 190-512 of this chapter.

Curbs and gutters.

Curbing, either belgian block or concrete, and gutters shall be installed on both sides of all streets and laid in a manner approved by the Township Engineer and in accordance with the New Jersey Department of Transportation's standards.

Curbing in residential developments shall be installed where required by the Residential Site Improvement Standards (N.J.A.C. 5:21-7 et seq.).

The standard curb section shall be 10 feet in length with preformed expansion joint material on not more than twenty-foot centers and shall be set in accordance with approved lines and grades, and radial curbs shall be formed in a smooth curve. Chord segments are prohibited.

The finish shall be a smooth float finish with corners rounded.

Concrete curbs shall be eight inches by nine inches by 20 inches (six-inch exposed face), using Class B concrete having twenty-eight-day compressive strength of 4,000 pounds per square inch and shall be air-entrained.

The curbing shall be designed to provide depressed barrier-free curb ramps constructed in accordance with the design standards for curb ramps for the physically handicapped of the New Jersey Department of Transportation and the Americans With Disabilities Act.

In those cases where a developer requests a waiver from ordinance requirements for curbs and/or gutters, the Board, in reviewing a request for such waiver, shall consider, but need not be bound by, the following guidelines:

Curbs and gutters should be required in the case of any development generating large volumes of vehicular traffic or lying in close proximity to such development and at all street intersections.

Curbs or curbs and gutters should be required in conjunction with any multifamily residential development and with higher density single- or two-family subdivisions having average lot sizes of 1/2 acre or less.

Curbs or curbs and gutters should be required in conjunction with single-family subdivisions having average lot sizes of more than 1/2 acre, unless it can be demonstrated to the satisfaction of the Township Engineer that all new surface runoff from the development will be disposed of on site, that shoulder construction or percolation characteristics of roadside soils are such that excessive rutting of shoulder area will not occur and that the existing topography is such that water ponding will not occur.

Curbs or curbs and shoulders should be required in any case where, in the opinion of the Township Engineer, low gradients, unusual soil, structural problems or other conditions indicate susceptibility to poor surface water flow or lack of uniformity in shoulder grades.

Curbs or curbs and gutters should be required along existing or proposed municipal streets or roads in conjunction with any proposed development that would otherwise, in the opinion of the Township Engineer, contribute to an adverse drainage condition, soil erosion or watercourse siltation.

Sidewalks, pathways and bikeways.

Sidewalks shall be installed on both sides of a street. Sidewalks shall be at least four feet wide and located a minimum of five feet off the curbline or edge of pavement.

Planned developments may not be required, at the discretion of the Board, to include sidewalks on both sides of the streets, provided that an alternate comprehensive plan for the movement of people and bicycles within the proposed development and between the proposed development and adjacent lands is submitted to and reviewed and approved by the Board, and provided further that sidewalks are included on one side of the streets.

In those cases where a developer requests a waiver from the requirements of sidewalks as set forth in this section, the Board, in considering such waiver, shall take into account the guidelines that sidewalks should be required in the case of any development or portion thereof lying in close proximity to school sites and other pedestrian movement generators, including, but not limited to, recreational facilities, churches, clubs, eating establishments and retail shopping centers, and in the case of any high density residential development.

Location of sidewalks; landscaping.

Sidewalks may be located in the traditional manner between the proposed edge of pavement and right-of-way line of the street in accordance with § 190-515D(1) hereinabove, or in the alternative, the Board may require that the sidewalks be set back further from the proposed edge of pavement and be constructed in a meandering pattern. In such instances, the sidewalks ordinarily may be located both within the street right-of-way and an additional five feet of the ten-foot strip of land adjacent the street right-of-way otherwise provided for the location of underground utilities and street trees where required.

Regarding landscaping, when sidewalks are constructed in the traditional manner, set back approximately five feet from and parallel to the street right-of-way line, street trees shall be required between the edge of pavement and the sidewalk. However, when the meandering pattern of sidewalk construction is required, trees and shrubs shall be planted in concentrated areas at locations where the sidewalk turns as well as at other locations required and approved by the Board.

Sidewalks shall be placed upon a compacted subgrade overlaid with at least four inches of porous material such as sand or gravel. Concrete sidewalks shall be at least four inches thick, except at points of vehicular crossing, where they shall be at least six inches thick with reinforcement, of Class B concrete having a twenty-eight-day compressive strength of 4,000 pounds per square inch and shall be air-entrained. Blacktop or sidewalks of other approved materials shall be constructed as approved by the approving authority upon the advice of the Township Engineer. Where sidewalks cross curbs, curb ramps shall be provided as outlined in § 190-515C hereinabove. Preformed expansion joint material shall be placed at twenty-foot maximum intervals and where sidewalks abut curbing or a structure.

In the case of planned developments and/or in the case of pedestrian pathways through stream corridors or other open space areas where concrete sidewalks are not possible to construct because of environmental constraints, stone pathways may be permitted instead, at the discretion of the reviewing municipal agency, based upon testimony by the applicant. Stone pathways shall be at least four feet wide and shall be reviewed and approved by the Township Engineer. Additionally, where subgrade is yielding or otherwise unsatisfactory, in the opinion of the Township Engineer, all unsuitable material shall be removed and suitable material shall be applied until the subgrade is nonyielding to the satisfaction of the Township Engineer.

Bikeways may be required depending upon the probable volume of bicycle traffic, the site's proximity to schools, recreation areas, shopping facilities and other populated areas and its location with respect to any overall bikeway planning adopted by the Township. Bicycle traffic shall be separated from motor vehicle and pedestrian traffic as much as possible. Bikeways shall generally not exceed a grade of 3%, except for short distances, and shall be a minimum of six feet wide. Bikeways shall have a minimum four-inch base of crushed stone and a two-inch FABC-2 surface course. Where bike paths intersect a street, the curbing shall be ramped for access to the street grade. AASHTO's "Guide for the Development of New Bicycle Facilities" shall be referenced for all other design criteria for bikeways.

All sidewalks, pathways and bikeways shall be graded to discharge runoff to lawn areas wherever feasible.

Permeable paving materials which reduce the rate of runoff and total suspended solids (TSS) and promote groundwater recharge shall be permitted for all sidewalks, pathways and bikeways.

Street trees. All land development devoid of major trees along arterial and collector streets of a development and along proposed roads and street rights-of-way where natural woods are not present and where, due to construction, the entire right-of-way is cleared, the following provisions shall apply.

Shade trees shall be planted along both sides of all streets and shall be of a hardy species approved by the Land Use Board.

[Amended 7-18-2006 by Ord. No. 2006-14]

Trees shall be planted at forty-foot to sixty-foot intervals, or an equivalent number shall be planted in an informal arrangement, within the street rights-of-way and between the edge of pavement and sidewalk where a sidewalk is required. In certain circumstances due to steep slopes or design, the Board may require the street trees to be planted on the individual lot(s) within an easement granted to the Township.

At intersections, trees shall not be located closer than 30 feet from the intersection of the street right-of-way lines, except when the standards increase the distance for sight.

The caliper of the trees shall be 2 1/2 inches measured six inches above the ground. The standing height shall be a minimum of 10 feet. All trees shall be brought to the site balled and burlapped or other acceptable means, free of insects and disease, and true to species and variety.

Stripping trees or filling more than six inches around trees shall not be permitted unless it can be shown that construction requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area and to conform with adjacent lots.

Dead or dying trees which have been transplanted by virtue of the requirements of this section shall be replaced by the developer during the next recommended planting season.

All trees shall be installed in accordance with the American Nurseryman Guide.

See § 190-509 of this chapter for additional standards, as applicable.

§ 190-516 Swimming pools.

Private residential swimming pools.

No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a principal residential building. A pool shall be located in side or rear yard areas only.

A private residential swimming pool shall be enclosed by a permanent fence sufficient to make the pool inaccessible to small children. The fence, including the gate therein, shall not be less than four feet in height, nor more than six feet in height. All gates shall be self-closing and self-latching with latches placed four feet above the underlying ground and otherwise made inaccessible from the outside to small children. In the case of hot tubs and whirlpools only, a natural barrier, hedge, pool cover or other protective device approved by the Department of Community Affairs shall be an acceptable enclosure so long as the degree of protection afforded by the substituted device or structure is not less than the protection afforded by the fence with self-closing and self-latching gates described above.

[Amended 2-19-2013 by Ord. No. 2013-02]

Any lighting in connection with a private residential swimming pool shall be so directed downward and shielded from adjacent properties.

Private residential swimming pools shall be installed, operated and used in accordance with other health and safety ordinances regarding water filtration, circulation and treatment, fencing, noise, and yard and underwater lighting. No amplifying system shall be used.

Commercial or public swimming pools.

No commercial swimming pool shall be constructed or installed unless approved by the Board as part of a site plan as an accessory use as permitted in Article 400 or 600. Details for the drainage improvements and utility connections associated with the pool shall be specifically addressed as part of the site plan application. Commercial or public swimming pools shall be classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute or the Swimming Pool Code of New Jersey, latest edition, whichever is more stringent.

No edge of any pool shall be closer to any building or property line than 40 feet.

The total land devoted to the use of the pool shall be enclosed with a fence no less than eight feet nor more than 10 feet in height.

No lighting shall be directed or reflected upon any residential building or adjacent property. All lighting shall be in compliance with the applicable National Electric Code.

All pools shall be landscaped to effectively screen the view of the pool from neighboring properties.

Public address systems shall be located in the immediate area of the pool and shall not be directed at adjacent residential buildings.

All pools shall be kept neat and attractive, and no rubbish, debris or litter shall be permitted to remain or accumulate in or about the pool.

All commercial swimming pools shall meet the requirements of the Barrier-Free Subcode of the New Jersey Uniform Construction Code and the Americans With Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities.

§ 190-517 Water supply.

Public water.

Where public water is accessible, water mains shall be constructed in such a manner as to made adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the "Water System Rules and Regulations" of Allamuchy Township, December 1997,[1] and as may be further amended, and shall be subject to by the Township Engineer. The system shall also be designed with adequate capacity and sustained pressure and in a looped system with no dead-end lines whenever possible.

Editor's Note: See Ch. 296, Water and Sewers.

For purposes of this section, "accessible" shall mean that the property to be developed is no further from an existing water main than the number of feet arrived at by multiplying the number of units in the proposed development by 200, or in the case of subdivisions in which more than 15 units are proposed, "accessible" shall mean that the property to be developed is within one mile of an existing water main. To the extent reasonable and practicable, all nonresidential developments shall be served by public water.

The Board may require: a) the installation of water mains for future connection with a public water supply system if such system is expected to be provided within a reasonable period of time; or b) the applicant to deposit funds in escrow with the Township in an amount equal to the cost of connecting the subdivision or development to an existing public water supply system calculated on the basis of 200 feet per unit. The escrow amount shall be calculated by determining the costs of providing such service, including, but not limited to, materials, installation, taxes, appurtenances, surcharges, if any, etc.

Individual wells. Where no public water is accessible, water shall be furnished on an individual-lot basis. Well installation, sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954), as amended, and other applicable state regulations and standards, as well as in accordance with the guidelines and resolutions adopted by the Warren County Board of Health. Prior to being placed in consumer use and prior to issuance of a certificate of occupancy for any building served by the well, the developer shall certify to the Warren County Board of Health that he/she has complied with all applicable state, county and local regulations.

Additional requirements.

It is the developer's responsibility to maintain all water supply improvements for partially complete developments.

It is the developer's responsibility to extend any on-tract public water supply to the limits of the tract boundary line to service future development and to conform to the Township Master Plan.

Where water distribution systems are installed outside street rights-of-way, utility easements or rights-of-way shall be required in accordance with § 190-512.

See § 190-506 of this chapter for fire protection standards.

§ 190-518 Retaining walls.

All retaining walls shall be erected within the property lines and shall not encroach off lot or into the street right-of-way. In addition, no retaining wall shall be located on a property line, continue across property lines or alter the existing grade at the property line unless approved by the Land Use Board as part of an overall grading plan for a major subdivision or site plan application. Unless otherwise approved by the Board, any retaining wall shall be set back from any property line two feet for every one foot total overall wall height of any single tiered wall series.

[Amended 7-18-2006 by Ord. No. 2006-14]

An approved safety barrier shall be required on top of any wall more than 2 1/2 feet tall which is adjacent to a street, driveway, sidewalk or any other vehicular or pedestrian route, subject to the Board or Township Engineer's review. A safety barrier shall be defined for the purposes of this section as an artificial barrier which will prevent a child or motor vehicle from penetrating through to the other side of the barrier. Specifications for safety barriers shall be as follows:

Fencing or railings utilized as safety barriers shall be at least 42 inches high.

Guide rail utilized as a safety barrier adjacent to roads, driveways, and other places where motor vehicles operate shall be constructed at a height consistent with the height requirements for guide rails contained in the New Jersey Department of Transportation's Road and Bridge Design Manual, as currently amended.

A safety barrier shall be constructed of approved materials in a manner that will prevent a child or motor vehicle from penetrating it.

A safety barrier shall be located at the outer edge at the top of the wall along its entire length where the height exceeds 2 1/2 feet.

Landscaping can be utilized as a safety barrier if permitted by the Board. Landscaping, if permitted as a safety barrier, shall be of a size and spacing acceptable to the Board to delineate the edge of a street, driveway, sidewalk, or other vehicular or pedestrian route and prevent penetration.

No retaining wall shall be erected or altered so that any individual retaining wall exceeds a height of six feet. Where the change in grade requires a higher wall, a tiered system of walls shall be used unless a variance is granted by the Board for a wall greater than six feet in height. The height of the tiered retaining wall systems consisting of two or more overall walls shall be the total elevation drop measured from the top of the highest wall to the toe of the lowest wall. The following specifications apply to tiered retaining wall systems with two or more walls:

Safety barriers shall be provided where the height exceeds 2 1/2 feet as required in § 190-518B of this chapter.

No individual retaining wall within a tiered retaining wall system shall exceed a height of six feet.

Each wall section should be separated by a strip of land equal in width to the average height of the two wall sections, which shall be landscaped with appropriate plant material to improve stability and prevent erosion and minimize the visual impact of the overall height of the tiered system.

The use of any retaining wall(s) on a farm for agricultural purposes shall be exempt from this section and shall not require site plan approval, provided the structure is set back 100 feet from any property line in accordance with the accessory structure yard requirements for farms in Article 400 of this chapter.

Areas up slope of retaining walls, regardless of the type of cover, shall be graded so as to direct surface water away from retaining walls. No surface water shall be directed toward and over a retaining wall. Swales or other measures acceptable to the Township Engineer shall be provided to intercept and drain surface water away from retaining walls.

Retaining walls installed in slope areas shall be constructed of reinforced concrete, reinforced masonry, stabilized rocks or other materials acceptable to the Board and/or Township Engineer and shall be constructed with the same material uniformly throughout the site and/or development unless otherwise approved by the Board. Timber retaining structures are not permitted.

All retaining walls shall be adequately designed and detailed to carry all earth pressures, including any known or anticipated surcharges. Plans, details and calculations signed and sealed by a licensed professional engineer shall be submitted for all proposed retaining walls for review and approval by the Board Engineer at the time of subdivision or site plan review. No retaining walls shall be constructed unless reviewed and approved by the Land Use Board, the Township Engineer and/or the Department of Community Affairs.

[Amended 7-18-2006 by Ord. No. 2006-14; 2-19-2013 by Ord. No. 2013-02]

Granular fill and perforated piping shall be provided behind all walls to provide drainage and reduce hydrostatic pressures. A geotextile fabric shall be placed at the interface between the granular fill and wall to prevent the displacement of the fill through the joints in the retaining wall.

A certification prepared by a licensed professional engineer, indicating that a retaining wall has been constructed in accordance with plans approved by the Township, must be submitted within 20 days of the completion of construction of the retaining wall. No certificates of occupancy shall be issued for a property where a retaining wall has been constructed until such time as the certification from the licensed professional engineer has been submitted to and approved by the Township Engineer and/or the Department of Community Affairs.

[Amended 2-19-2013 by Ord. No. 2013-02]

Vertical rock faces and formations, both existing and proposed, shall be deemed to be a retaining wall as defined in Article 200 and shall meet all the requirements in this subsection. Vertical rock faces and formations, where permitted, shall be created within property lines and shall not encroach off site or into the street right-of-way. Calculations prepared by a licensed professional engineer shall be submitted to address the stability of the vertical rock face and/or formation, whether any stabilization is needed, and the slope requirements of the face. A post-construction certification, as required in § 190-518I, shall be provided to address the stability of the vertical rock face and/or formation.

It shall be the obligation of the property owner to maintain any retaining wall erected on his/her property unless said obligation has been assigned to a homeowners' association or other responsible party as part of a major subdivision or site plan approval. Said obligation shall be noted in the property deed. Should the property owner, homeowners' association, or other responsible party fail to maintain the retaining wall(s) in reasonable condition, resulting in hazardous or unsafe conditions, increased water flow on adjacent properties, and/or soil erosion, the Township may serve written notice to the responsible party. If it becomes necessary for the Township to provide the required maintenance for public safety, a lien may be imposed on the property.

§ 190-519 Grading of lots.

Sites shall be graded to secure proper drainage and to prevent undesirable ponding of surface water. Grading shall be performed in a manner which will minimize land disturbance, soil compaction, and damage to or destruction of trees.

Topsoil shall be provided and/or redistributed on the graded surface as cover and shall be stabilized by seeding or planting.

Grading plans shall have been submitted and approved with the subdivision plat or site plan, and any departure from these plans must be approved by the Land Use Board.

[Amended 7-18-2006 by Ord. No. 2006-14]

Grading shall be designed to prevent or minimize damage to structures or improvements when major storms exceeding the one-hundred-year storm design of the storm drainage system occur.

The site shall be graded to a storm drainage collector system of interior drainage, designed in accordance with the standards for storm drainage facilities, and suitable drainage easements shall be provided.

All tree stumps, masonry and other obstructions shall be removed and recycled according to Township or county standards.

Residential lot grading.

The minimum slope for lawns shall be 2% and for smooth hard-finished surfaces 0.75%.

The ground immediately adjacent to the foundation shall be sloped away from the building at a slope of not less than one unit vertical in 12 units horizontal (1:12) for a minimum distance of eight feet.

A minimum of 15 feet behind the rear of any residential unit shall be graded at a maximum of 9% so as to provide a usable rear yard.

Where a lot cannot be graded in the rear yard in accordance with the provisions in this section, the Board may permit the construction of a deck or patio to serve as the usable rear yard area. The size of the deck or patio required would be at the discretion of the Land Use Board.

[Amended 7-18-2006 by Ord. No. 2006-14]

Swales.

When the terrain is such that stormwater will be directed toward a building foundation, appropriate measures such as swales and storm sewers shall be provided to intercept and drain surface water.

Swales must be located at least 15 feet from the front and rear faces of a building and 10 feet away from any side walls. Swales shall not cross any driveways.