In reviewing any application for development, the Board shall
consider the following standards. Where applicable, the residential
site improvement standards (RSIS), as amended from time to time, shall
apply.
The site plan shall provide for those elements of street furniture
made of the same or similar materials to ensure design continuity
and be appropriate to the particular use. These may include, but not
be limited to, phone booths, benches, bike racks, trash receptacles,
bus shelters, tree planters and directories.
To the extent practicable, no topsoil shall be removed from
the site or used as spoil. Topsoil stripped and stockpiled during
the course of construction shall be redistributed so as to provide
equal cover to all areas of the subdivision and shall be stabilized
by seeding or planting.
In reviewing any application for development, the Board shall
consider the following standards. Where applicable, the residential
site improvement standards (RSIS), as amended from time to time, shall
apply.
[Amended 1-26-2004 by Ord. No. 3-2004; 11-26-2007 by Ord. No.
71-2007]
Fences or walls in excess of 18 inches in height shall be considered
as structures accessory to a principal permitted use and shall be
permitted in accordance with the standards set forth below:
A. Maximum height and location in residential zones. All fences and
walls in residential zones shall comply with the standards in Schedule
A: Fence and Wall Diagram.
B. General regulations for fences and walls, including retaining walls.
(1)
No fence or wall shall be constructed or installed so as to
constitute a hazard to traffic or safety.
(2)
No fence or wall in a residential zone shall be greater than
six feet in height except in the case of tennis court and similar
sports court facilities.
(3)
In all nonresidential zones no fence shall exceed six feet in
height. On properties with nonresidential uses which abut residential
uses, any open fencing shall be buffered with evergreen landscaping.
(4)
Except for locations within sight triangles, hedges and other
landscaping shall be exempt from the height limitations of this subsection
but shall not be located so as to constitute a hazard to traffic or
safety.
(5)
The face or finished side of a fence or wall shall face the
adjacent property or street.
(6)
No fence or wall shall be constructed with barbed wire, metal
spikes or other such dangerous material or constructed in such manner
as to be dangerous to animals or humans.
(7)
No fence or wall shall be constructed without the issuance of
a zoning permit or a building permit.
(8)
All fences and walls shall be contained within the property
lines of the parcel containing the principal use.
(9)
Retaining walls over 18 inches in height shall be set back from
any property line by at least two feet or set back a distance equal
to the height of the retaining wall or retaining wall series, whichever
is greater.
C. Swimming pool fences. Every private swimming pool shall have a fence
enclosure which complies with the New Jersey Uniform Construction
Code.
D. Retaining walls. Any retaining wall 48 inches or greater in height,
or a series of retaining walls along the same ground slope which together
total 48 inches or greater in height, shall require a building permit.
[Amended 9-27-2010 by Ord. No. 46-2010]
A. Purpose. Regulation of outdoor lighting is necessary to permit reasonable
uses of outdoor lighting for nighttime safety, utility, security and
enjoyment while preserving the ambiance of the night. It is necessary
to prevent light trespass, to reduce unnecessary glare caused by inappropriate
or misaligned light fixtures and to prevent the cause of unnecessary
skyglow. These standards are intended to protect adjacent residential
neighborhoods from unnecessary lighting impacts, to encourage energy
efficiency, to discourage the waste of electricity and to improve
or maintain nighttime public safety, utility and security.
B. All outdoor lighting fixtures (luminaires) shall be installed in
conformance with this section and with the provisions of the Building
Code, the Electrical Code and the Sign Code, as applicable and under
permit and inspection, if such is required.
C. Standards. All outdoor light fixtures installed and thereafter maintained,
other than those serving one- and two-family dwellings, shall comply
with the following requirements:
(1)
Illumination levels shall not exceed those recommended in the:
(a)
IESNA Lighting Handbook, 9th Edition, as amended from time to
time.
(b)
IESNA publication RP-33-99, Lighting for Exterior Environments,
as amended from time to time.
(c)
IESNA publication RP-08, Roadway Lighting, as amended from time
to time.
(d)
IESNA publication, RP-6-01, Reaffirmed 2009, Sports and Recreational
Area Lighting, as amended from time to time.
(2)
Light trespass (nuisance light). All light fixtures, except
street lighting maintained by a governmental authority, and those
used on one- or two-family dwellings, shall be designed, installed
and maintained to prevent light trespass, as specified below:
(a)
The maximum illumination at property lines shall be 0.1 footcandle
at grade.
(b)
Illumination occurring above a height of five feet above the
property line of the subject property shall not exceed 0.1 footcandle
in a vertical plane on residentially zoned property.
(c)
Outdoor light fixtures properly installed and thereafter maintained
shall be directed so that there will not be any direct glare source
visible from any property.
(3)
Outdoor lighting energy conservation.
(a)
All exterior lighting shall be designed so as not to exceed
the exterior lighting unit power allowances of ASHRAE/IESNA Standard
90.1-2004, or the version currently adopted by the New Jersey Department
of Energy.
(b)
All outdoor lighting not essential for safety and security purposes
or to illustrate changes in grade or material shall be activated by
automatic control devices and turned off during nonoperating hours.
Illuminated signs are excluded from this requirement.
(c)
Exterior retail and merchandise display lighting shall not remain
on after 10:00 p.m. Reduced levels of lighting in interior show or
display windows may remain on for security purposes; provided, however,
that these levels shall not exceed 25% of the normal artificial lighting
levels in the interior display or show windows.
(d)
Exterior lighting for recreational areas, athletic fields and
courts shall not remain on after 10:00 p.m., except as necessary for
completion of scheduled games as may occur from time to time.
(e)
Exterior lighting serving accredited educational institutions,
not including recreational areas, athletic fields and courts, shall
not remain on after 11:00 p.m.
(4)
Only shielded light fixtures shall be used. Any fixture mounted
above 10 feet shall have no more than 10% of its light distribution
at a vertical angle of 80° above nadir and 2.5% at an angle of
90° above nadir.
(5)
Light fixtures used to illuminate flags, statues or other objects
mounted on a pole, pedestal or platform shall have their candlepower
curve plotted such that 100% of the beam angle used is not greater
than the size of the object to be illuminated.
(6)
Other upward-directed architectural, landscape or decorative
direct-light emissions shall have at least 90% of their total distribution
pattern within the profile of the illuminated structure.
(7)
Description of outdoor lamp/luminaire combinations, including
component specifications such as lamps, reflectors, optics, angle
of cutoff, supports, poles and including manufacturer's catalog cuts.
(8)
Submission of plans. Except for detached single-family and detached
two-family dwellings, plans and evidence of compliance shall include
the following:
(a)
Locations and description of every outdoor enclosed light fixture
and hours of operation, their aiming angles and mounting heights.
(b)
Foundation details for light poles.
(c)
Lighting calculations for site lighting and general exterior applications shall be provided that identify the following elements (See Subsection
D(3)(c) below for lighting calculation requirements for recreational and sports lighting.):
[1] Initial horizontal illuminances at grade and vertical
illuminances where vertical surfaces are being illuminated such as
building facades. Illuminances shall be illustrated in footcandles
(before depreciation).
[a] Average footcandles, during operating and non-operating
hours.
[d] Average to minimum uniformity ratio.
[e] Maximum to minimum uniformity ratio.
[2] Average maintained horizontal illuminances at grade
and vertical illuminances where vertical surfaces are being illuminated
such as building facades. Illuminances shall be illustrated in footcandles.
Define relamping and cleaning cycles to illustrate light loss factors
to account for lumen depreciation and reduced optical system performance
over time to arrive at maintained values of illumination.
[a] Average footcandles during operating and nonoperating
hours.
[d] Average to minimum uniformity ratio.
[e] Maximum to minimum uniformity ratio
[3] Computer-generated photometric grid showing maintained
footcandle readings every 10 feet and the average maintained footcandles,
depending upon the design application, for both vertical and horizontal
illumination levels. Illustrate the initial and maintained horizontal
and vertical illuminances at five feet above grade at any adjacent
residential property line.
D. Lighting applications.
(1)
Where used for roadways and parking lots and walkways or security
purposes.
(a)
Average maintained illuminances shall not exceed IESNA recommendations.
(b)
Only outdoor enclosed light fixtures shielded from public view
and having the performance characteristics of a cutoff light fixture
shall be used.
(c)
For parking lots, light poles that are visible to the public
shall not exceed 20 feet in height (base plus pole).
(d)
For walkways and other pedestrian areas, light poles that are
visible to the public shall not exceed 12 feet in height (base plus
pole).
(e)
Freestanding lights shall be so located and protected to avoid
being damaged by vehicles. Foundations supporting lighting poles installed
less than four feet behind the curb shall not be less than 24 inches
above the ground.
(f)
The style of the light and light standards shall be consistent
with the architectural style of the principal building or surrounding
area.
(g)
Floodlight-type fixtures attached to buildings shall be prohibited.
(h)
All wiring shall be laid underground.
(2)
Where used for private, commercial and industrial purposes such
as in merchandise display areas, work areas, platforms, signs, architectural,
landscape or sports or recreational facilities:
(a)
All light fixtures shall be equipped with automatic timing devices
and shall comply with the following.
(b)
Externally illuminated signs, including building identification
or other similar illuminated signs, shall comply with the following:
[1] Top-mounted light fixtures shall have illumination
levels plotted such that 100% of the beam angle used is not greater
than the size of the externally illuminated sign and are preferred
over any other positioned light fixtures.
[2] When top-mounted light fixtures are not feasible
for good cause shown, illumination from other positioned light fixtures
shall continue to be restricted to the sign area. Visors or other
directional control devices shall be used to eliminate any spill light.
Furthermore, when any signage is viewed from the opposite side of
that being illuminated, luminous portions of light fixtures, and stray
light, shall not be visible.
[3] Detailed plans are to be provided to illustrate
floodlight distribution patterns. Once properly installed, the fixtures
are to be aimed, permanently affixed and maintained in the approved
position according to the terms of approval outlined in the approving
resolution.
(c)
Outdoor light shall not be attached or mounted to public property
(i.e., public buildings, utility poles, telephone poles, streetlights,
road/street signs). Furthermore, these fixtures shall not tap or extend
power from sources servicing public lighting and/or power devices.
Temporary holiday lighting shall be exempt.
(d)
All outdoor lighting, during nonoperating hours of the business
on site, not necessary for safety and security purposes shall have
reduced light levels, activated by motion sensors, photocells, timers
or other lighting control devices, or be turned off.
(3)
Where used for sports and recreational lighting.
(a)
Design considerations. Nighttime sports and recreational lighting
is proliferating and controls must be place to minimize the negative
impact on the community environment and to minimize the utility power
demand.
[1] Outdoor lighting systems. Outdoor lighting systems
primarily consist of direct distribution floodlights aimed at the
playing surface.
[a] Light sources. Metal halide (MH) high-intensity
discharge (HID) is the preferred source. High-pressure sodium (HPS)
should be used only in conjunction with metal halide.
[b] Luminaires. General purpose or heavy duty luminaires
with full cutoff optical systems to provide superior visibility for
the players and to reduce off-site impacts.
[c] Poles. The location and height of poles have a
major impact on lighting system effectiveness and quality and off-site
impact. Contrary to public understanding, the lower the mounting height,
the higher the aiming angle and the more light that is delivered off
site. The higher the pole (with limits), the lower the aiming angle,
and less light is delivered off site.
[d] Design factors. Outdoor lighting is generally visible
far beyond facility boundaries and careful consideration should be
given to:
[i]
Spill light encroaching on neighboring properties.
[ii] Light that contributes to skyglow.
[iii] Durability of equipment and wiring subject to
continuous outdoor exposure.
[iv] Electrical power, voltage and system selection.
[v]
Controls for multiple sports and energy conservation.
(b)
Standards. All outdoor sports and recreational lighting shall
comply with the following requirements:
[1] Only light fixtures shielded with internal and/or
external shields shall be used. The upper limit of the defined beam
should be no more than 80° above nadir and no more than 5% of
the luminaires used should violate this rule.
[2] Illumination levels shall not exceed those recommended
in the IESNA Lighting Handbook, 9th Edition, as amended from time
to time, and IESNA publication RP-6-01 (reaffirmed 2009), Recommended
Practice for Sports and Recreational Area Lighting, as amended from
time to time.
[3] Where used for sports or recreational facilities,
all lighting fixtures shall comply with the following:
[a] For field sports such as football, soccer, baseball
and track and field, a minimum pole height shall be 70 feet and a
maximum pole height shall be 85 feet.
[b] The minimum distance of the pole to any property
line shall be twice the height of the pole. For example, an eighty-foot
pole must be a minimum of 160 feet from any property line.
[c] Trespass lighting shall not be more than 0.1 footcandle
at any adjacent residential property line at grade.
[d] A natural landscape buffer shall be required to
sufficiently screen the source of light and the lit object from any
adjacent residences. The buffer areas shall consist of a planted berm
with a mix of deciduous and coniferous plants sufficient to provide
year-round screening and with plants at least six feet in height/2.5
DBH at time of planting.
[e] When not in use or, under any circumstance, not
later than 10:00 p.m., all lighting shall be turned off.
[4] Light fixtures properly installed and thereafter
maintained shall be directed so that there will not be any direct
glare source visible from any other property.
(c)
Lighting calculations for recreational and sports lighting shall
be provided that identify the following elements:
[1] The class of play for each playing area.
[2] Initial horizontal and vertical illuminances for
primary playing areas, secondary playing areas and boundary areas
(where applicable). Illuminances shall be illustrated in footcandles
(before depreciation).
[a] Average footcandles during operating and nonoperating
hours.
[d] Average to minimum uniformity ratio.
[e] Maximum to minimum uniformity ratio.
[3] Average maintained horizontal and vertical illuminances
for primary playing areas, secondary playing areas, and boundary areas
(where applicable). Illuminances shall be illustrated in footcandles.
Define relamping and cleaning cycles to illustrate light loss factors
to account for lumen depreciation and reduced optical system performance
over time to arrive at maintained values of illumination.
[a] Average footcandles during operating and nonoperating
hours.
[d] Average to minimum uniformity ratio.
[e] Maximum to minimum uniformity ratio.
[4] Illustrate recommended levels sited in the IESNA
Lighting Handbook, 9th Edition and IESNA publication RP-6-01 (reaffirmed
2009), Recommended Practice for Sports and Recreational Area Lighting.
[a] Average footcandles, during operating and non-operating
hours.
[d] Average to minimum uniformity ratio.
[e] Maximum to minimum uniformity ratio.
[5] Computer-generated photometric grid showing footcandle
readings every 10 feet and the average footcandles, depending upon
the design application, for both vertical and horizontal illumination
levels. Illustrate the initial and maintained horizontal and vertical
illuminances at five feet above grade at any adjacent residential
property line.
(4)
Where used for new single- and two-family residential homes.
(a)
All residential outdoor light fixtures shall comply with the
requirements as specified below:
[1] Light distributions generated by light fixtures
shall be confined to the property on which they are installed.
[2] Light fixtures installed within any setback area,
including front, rear or side yard setbacks, shall minimize light
spillage and glare upward and onto adjacent properties.
[3] Shall be properly installed and maintained.
[4] Holiday lights on residential properties shall
be exempt from these standards.
Monuments shall be installed in compliance with the requirements
of N.J.S.A. 46:23-9.11q (the Map Filing Law). Monuments may be required
delineating critical area easements and conservation easements at
the discretion of the Board.
[Amended 3-26-2018 by Ord. No. 12-2018]
The following payments, contributions, and requirements shall
be applicable to all site plans and subdivisions in addition to other
applicable ordinances for any such development as follows:
A. Before filing of final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to Subsection d of Section 52 of P.L. 1975, c.291 (N.J.S.A. 40:55D-65), the Borough will require and shall accept in accordance with the standards adopted by ordinance and regulations adopted pursuant to Section 1 of P.L. 1999, c.68 (N.J.S.A. 40:55D-53a) for the purpose of assuring the installation and maintenance of certain on-tract improvements, the furnishing of a performance guarantee and provision for a maintenance guarantee in accordance with Subsection
A(1) and
(2) of this subsection. In accordance with the Borough ordinance requiring a successor developer to furnish a replacement performance guarantee, as a condition to the approval of a permit update under the State Uniform Construction Code, for the purpose of updating the name and address of the owner of property on a construction permit, the governing body may require and shall accept in accordance with the standards adopted by ordinance and regulations adopted pursuant to Section 1 of P.L. 1999, c.68 (N.J.S.A. 40:55D-53a) for the purpose of assuring the installation and maintenance of certain on-tract improvements, the furnishing of a performance guarantee and provision for a maintenance guarantee, in accordance with Subsection
A(1) and
(2) of this subsection.
(1) Performance guarantee.
(a)
The developer shall furnish a performance guarantee in favor of the Borough in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the Borough Engineer, according to the method of calculation set forth in Section 15 of P.L. 1991, c.256 (N.J.S.A. 40:55D-53.4), for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, streetlighting, street trees, surveyor's monuments, water mains, sanitary sewers, drainage structures, public improvements of open space, any grading necessitated by the preceding improvements or as otherwise described in §
195-28.1 of the Borough ordinance. The Borough Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
(b)
The Borough may also require a performance guarantee to include,
within an approved phase or section of a development privately owned
perimeter buffer landscaping, as required by local ordinance or imposed
as a condition of approval. At the developer's option, a separate
performance guarantee may be posted for the privately owned perimeter
buffer landscaping.
(c)
In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the municipality in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building, or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to Subsection
A(1)(a) of this section, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Zoning Officer, Municipal Engineer, or other municipal official designated by ordinance. At no time will the Borough hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the Zoning Officer, Municipal Engineer, or other municipal official designated by ordinance upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(d)
Safety and stabilization guarantee.
[1]
In addition to a performance guarantee required by the Borough
ordinance, a developer shall furnish to the municipality a separate
guarantee, referred to herein as a "safety and stabilization guarantee,"
in favor of the municipality, to be available to the municipality
solely for the purpose of returning property that has been disturbed
to a safe and stable condition or otherwise implementing measures
to protect the public from access to an unsafe or unstable condition,
only in the circumstance that:
[a] Site disturbance has commenced and, thereafter,
all work on the development has ceased for a period of at least 60
consecutive days following such commencement for reasons other than
force majeure; and
[b] Work has not recommenced within 30 days following
the provision of written notice by the Borough to the developer of
the Borough's intent to claim payment under the guarantee. The Borough
shall not provide notice of its intent to claim payment under a safety
and stabilization guarantee until a period of at least 60 days has
elapsed during which all work on the development has ceased for reasons
other than force majeure. The Borough shall provide written notice
to a developer by certified mail or other form of delivery providing
evidence of receipt.
[2]
The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
[3]
The amount of a "safety and stabilization guarantee" for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows:
[a] $5,000 for the first $100,000 of bonded improvement
costs; plus
[b] Two-and-one-half percent of bonded improvement
costs in excess of $100,000 up to $1,000,000; plus
[c] One percent of bonded improvement costs in excess
of $1,000,000.
(2) Maintenance guarantee.
(a)
The developer shall post with the municipality, prior to the release of a performance guarantee required pursuant to Subsection
A(1), Subsection
A(2), or both Subsection
A(1) and
(2) of this subsection, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
(b)
If required, the developer shall post with the municipality,
upon the inspection and issuance of final approval of the following
private site improvements by the Municipal Engineer, a maintenance
guarantee in an amount not to exceed 15% of the cost of the installation
of the following private site improvements: stormwater management
basins, inflow and water quality structures within the basins, and
the outflow pipes and structures of the stormwater management system,
if any, which cost shall be determined according to the method of
calculation set forth in Section 15 of P.L. 1991, c.256 (N.J.S.A.
40:55D-53.4).
(c)
The term of the maintenance guarantee shall be for a period
not to exceed two years and shall automatically expire at the end
of the established term.
(d)
The Borough shall not require that a maintenance guarantee required
pursuant to this section be in cash or that more than 10% of a performance
guarantee pursuant to this section be in cash. A developer may, however,
provide at his option some or all of the maintenance guarantee in
cash, or more than 10% of a performance guarantee in cash (N.J.S.A.
40:55D-53.3).