[Amended 1-20-1993 by Ord. No. 93-008; 11-2-1994 by Ord. No.
94-048]
A.
Accessory buildings as part of principal buildings. Any accessory
building attached to a principal building shall be considered part
of the principal building, and the total structure shall adhere to
the yard requirement for the principal building regardless of the
technique of connecting the principal and accessory buildings.
B.
Accessory buildings not to be constructed prior to principal building.
No construction permit shall be issued for the construction of an
accessory building prior to the issuance of a construction permit
for the construction of the main building upon the same premises.
If construction of the main building does not precede or coincide
with the construction of the accessory building, the Construction
Official shall revoke the construction permit for the accessory building
until construction of the main building has proceeded substantially
toward completion.
C.
Distance between adjacent buildings. The minimum distance between an accessory building and any other building(s) on the same lot shall be as prescribed in Article III, except that no poultry or livestock shelter shall be erected nearer than 100 feet to any dwelling on the same lot.
D.
Height of accessory buildings. The height of accessory buildings shall be as prescribed in Article III.
E.
Location. An accessory building may be erected in side and rear yard areas only and shall be set back from side and rear lot lines as prescribed in Article III, except that, if erected on a corner lot, the accessory building shall be set back from the side street to comply with the setback line applying to the principal building for that side street; and except, further, that no poultry or livestock shelter shall be erected nearer than 100 feet to any lot lines. Unless otherwise noted in Article III, accessory buildings shall meet the setback lines for the principal building.
F.
Accessory buildings on corner lot. Accessory buildings on corner
lots shall not be erected closer to the street line than the front
yard required on the adjacent lot.
G.
Location on lot with principal building required. An accessory building
shall not be located on a lot unless a principal building is also
located on that same lot.
H.
Design. The design of accessory buildings shall be consistent with
the residential character of the neighborhood, and the exterior materials
shall match those of the principal building as much as possible.
[Amended 1-20-1993 by Ord. No. 93-008; 4-7-2020 by Ord. No. 20-015]
A.
Within any residential district, no building with a permitted professional
home office or home occupation shall be constructed or altered so
as to be inharmonious with the residential character of the adjacent
residential areas.
(1)
All new housing may be oriented on the lot so either the major
axis or the minor axis of the house is parallel to the street line.
In all cases, however, the facade facing the street line must be designed
to complement the street. Architectural articulation, using such elements
as windows, doors and/or porches, is required. Blank facades facing
the street line will not be permitted.
B.
The governing body hereby finds that uniformity in the exterior design
and appearance of dwellings erected in the same residential neighborhood
tends to adversely affect the desirability of the immediate and neighboring
areas for residential purposes and impairs existing residential property
in such areas; tends to impair the value of both improved and unimproved
real property in such areas; and tends to deprive the municipality
of tax revenue and destroys a proper balance between the taxable value
of real property in such areas and the cost of municipal services
provided therefor. It is the purpose of this section to prevent these
and other harmful effects of uniformity in design and appearance of
dwellings erected in any housing development in the same residential
neighborhood and thus to promote and protect the general welfare of
the community.
(1)
Not more than one construction permit shall be issued for any
particular single-family detached dwelling unit design in any housing
development consisting of two or more detached dwellings when the
houses are substantially alike in exterior design and appearance,
unless such similar houses either are separated by a distance of at
least 200 feet or are situated on individual lots which are themselves
separated at all points by a distance of at least 100 feet, whichever
distance will provide the least separation between houses.
(2)
Houses within such specified distance from each other shall
be considered uniform in exterior design and appearance if they have
any one of the following characteristics:
(a)
The same basic dimensions and floor plans are used without substantial
differentiation of one or more exterior elevations.
(b)
The height and design of the roofs are without substantial change
in design and appearance.
(c)
The size and type of windows and doors in the front elevation
are without substantial differentiation.
(3)
In addition, there shall be not less than one basic house design
and two different exterior elevations in every housing development
consisting of eight or less houses; not less than two basic house
designs and four different exterior elevations in every housing development
consisting of nine to 15 houses; not less than three basic house designs
and six different exterior elevations in every housing development
consisting of 16 to 50 houses; not less than four basic house designs
and seven different exterior elevations in every housing development
consisting of 51 to 77 houses; and not less than four basic designs
and eight different elevations in every housing development consisting
of 78 or more houses.
(4)
To ensure conformity with the provisions of this chapter, no
construction permit shall hereafter be issued for more than one dwelling
in any housing development until the builder shall post or cause to
be posted, on each specific lot on the map of the subdivision on file
with the Construction Official, the type and model of each house for
which a construction permit has been or is being issued.
(5)
The provisions, requirements and standards heretofore set forth
shall not be considered met where there is an attempt to make minor
changes or deviations from building plans and location surveys, which
changes show an obvious intent to circumvent the purpose of this section.
(6)
Building elevations and floor plans for each required house
design must be submitted for review by the Planning and Zoning Division
at final subdivision. Where an applicant has no immediate plans for
construction, these building elevations and floor plans must be submitted
for review by the Planning and Zoning Division prior to the issuance
of a building permit.
C.
The governing body finds that the appearance of commercial and industrial
structures erected within the Township can directly affect the long-term
economic development of the Township. Improper or poor maintenance
of building facades tends to impair the value of both improved and
unimproved real property in commercial and industrial zone districts
and impede the overall economic development of the community. In order
to prevent such harmful effects, the front, side and rear elevations
of commercial and industrial structures which are to be erected shall
be finished with maintenance-free material.[1]
[1]
Editor's Note: Former Subsection D, Incongruous buildings,
was repealed 6-19-2018 by Ord. No. 18-020.
A.
Purpose. Development often changes the hydrologic and hydraulic regime
of the watersheds in which it is effected. Increased flooding, increased
erosion of channels and increased pollutant loadings are some of the
problems associated with uncontrolled development. The objectives,
therefore, of this section of the Code of the Township of Hamilton,
Mercer County, New Jersey, are:
(1)
To effectively and efficiently control and manage the quantity
of stormwater runoff for flood mitigation.
(2)
To reduce pollutant loadings to both surface waters and groundwaters
due to developments.
(3)
To preserve and enhance environmentally sensitive areas.
(4)
To uphold the quality of life and the public good.
B.
General standards. Each site shall take into consideration the general
and specific concerns of the Township, county and state on the environment
and flood control. To this end, a stormwater management system shall
be designed and installed for the development and shall satisfy the
following:
(1)
The system shall be adequate to carry off or store the stormwater
and natural drainage water which originates not only within the lot
or tract boundaries but also that which originates beyond the lot
or tract boundaries. No stormwater runoff or natural drainage water
shall be so diverted as to overload existing drainage systems or create
flooding or increase erosion or cause the need for additional drainage
structures on other private properties or public lands without proper
and approved provisions being made for management of these conditions.
(2)
Wherever possible, all lots shall be designed to provide positive
drainage to the roadway fronting the same. Where this is impossible,
the disposal of storm drainage through adjacent properties shall be
through easement areas.
(3)
Drainage structures which are proposed to be located on state
or county highway rights-of-way shall be approved by the state or
county highway engineer's office. Any drainage structures within wetlands
or resulting in stream encroachments shall be submitted to the New
Jersey Department of Environmental Protection, and a letter from that
office shall be directed to the administrative officer prior to final
approval or any construction.
(4)
Where a lot or tract is traversed by a watercourse, surface
or underground drainageway or drainage system, channel or stream,
there shall be provided and dedicated a drainage easement to the Township.
This easement shall substantially conform to the lines of such watercourse
and be of such width as will be adequate to accommodate expected stormwater
runoff in the future.
C.
Design criteria. The stormwater management system design shall contain
features to provide for the following:
(1)
Water quality control. Water quality control shall be accomplished
without considering infiltration of the runoff generated by the one-year
twenty-four-hour Type III storm or 1 1/4 inches of rainfall in
two hours. Provisions shall be made for the runoff to be detained
and released at a rate so that not more than 90% is evacuated in 18
hours for residential developments and 36 hours for other developments
or, alternatively, utilize a minimum orifice of three inches.
(2)
Flood mitigation.
(a)
Flood mitigation shall be accomplished by detention and control
of the post-development two-, ten- and one-hundred-year twenty-four-hour
SCS-Type III storms. In all cases, the post-development discharges
from the site shall not exceed the corresponding predevelopment discharges.
At a low point where possible road flooding could occur, the storm
drains shall be designed for a twenty-five-year storm. All other internal
storm sewers shall be designed for fifteen-year storm frequency. All
bridges and culverts shall be designed for a one-hundred-year storm
elevation plus one foot. The lowest level of all buildings (including
the basement) shall be one foot above the design elevation of the
five-hundred-year storm frequency or 125% of the one-hundred-year
storm.
1.
Underdrains shall be provided for all streets where the seasonal
high-water table is within two feet of the final grade.
2.
For roadside swales used to control drainage to, from or in
the development, the twenty-five-year twenty-four-hour storm shall
be used. Inlets shall be provided a maximum of 500 feet apart in roadside
swales. The minimum grade for roadside swales shall be 2%, or swales
shall be underdrained.
3.
The minimum size of pipes shall be 15 inches in diameter. The
minimum pipe cover shall be 12 inches (surface to the top of the pipe).
(b)
Detention facilities.
1.
Detention storage shall be above the elevation of the one-hundred-year
flood. If this cannot be maintained, then the usable storage shall
be a proportionate share of the actual volume of the basin as indicated
in the table below:
Detention Storage
|
Actual Volume
|
Usable Volume
|
---|---|---|
Less than 2 feet below the 100-year flood elevation
|
X
|
0.4X
|
2 to 4 feet below the 100-year flood elevation
|
Y
|
0.25Y
|
Over 4 feet below the 100-year flood elevation
|
Z
|
0.10Z
|
2.
Detention basins and their outfalls shall have sufficient easement
for the facility plus an unobstructed access around the top of the
basin for maintenance. The size of the easement shall be 10 feet to
30 feet, as site conditions dictate. All detention basins shall have
a one-foot or greater freeboard above the maximum one-hundred-year
flood elevation.
3.
Where safety is a concern, the Township may request the installation
of fences around detention basins. For safe movement of personnel
and safe operation of equipment, fences should not be constructed
within five feet of either the top or toe of any side slope that exceeds
five horizontal to one vertical.
4.
Maximum side slopes for detention basins shall be three horizontal
to one vertical for detention basins not greater than five feet deep.
For basins five feet deep and greater, the maximum side slope shall
be four horizontal to one vertical. Flatter side slopes are recommended
whenever possible.
5.
Minimum bottom slopes for detention basins shall be 2% and graded
to the outlet structure. Concrete low-flow channels are acceptable
if the minimum grade is 1/2 of 1%.
6.
All outfalls, flare-end sections, headwalls and erodible soils
shall be adequately protected according to the Standards for Soil
Erosion and Sediment Control in New Jersey.
7.
It shall be the responsibility of the applicant to demonstrate
that existing storm sewer systems are not overloaded by the discharge
of additional stormwater into the system.
8.
Basins shall be designed and landscaped to be an aesthetic asset
to the site.
9.
The basin must be readily accessible from a street or other
public right-of-way. Inspection and maintenance easements, connected
to the street or right-of-way, should be provided. The exact limits
of the easements and rights-of-way shall be specified on the project
plans and other appropriate documents.
10.
Access roads shall be wide enough to allow the passage of necessary
maintenance vehicles and equipment, including trucks, backhoes, grass
mowers and mosquito-control equipment. In general, a minimum right-of-way
width of 15 feet and a minimum roadway width of 10 feet shall be provided.
To facilitate entry, a curb cut shall be provided where an access
road meets a curbed roadway. To allow a safe movement of maintenance
vehicles, access ramps shall be provided to the bottoms of all detention
facilities greater than five feet in depth. Access ramps shall not
exceed 10% in grade.
(c)
Outlet devices.
1.
In all cases, multiple-level outlets or other fully automatic
outlets shall be designed so that discharge rates from the development
for the design storms will not be increased from that which would
occur if the development were not constructed. Outlets' waters shall
be discharged from the development at such locations and velocities
as not to cause additional erosion. No outlets shall be permitted
directly into adjacent lands without proof of a zero increase in the
rate or runoff at the point of discharge and a stability analysis
of the off-site channel.
2.
If there is no stable outlet downstream, an off-site easement
must be obtained to a stable outlet. Outlets from detention facilities
shall be designed to function without manual or electric controls.
The location of the principal outlet shall allow for easy access.
3.
Grading and landscaping around outlet structures shall be designed
to facilitate mowing, trimming, debris removal and other general maintenance
tasks.
4.
Trash racks with hinges are required to protect the outlet from
clogging. The inside of the outlet structure should be depressed below
the lowest outlet to minimize clogging of this outlet due to sedimentation.
(d)
Emergency spillways.
1.
Emergency spillways are required on all detention basins and
shall be designed to pass discharges in excess of 150% of the one-hundred-year
post-development peak discharge into the detention basin.
2.
Emergency spillways shall be located in cut sections wherever
possible. Stable channels shall be provided to convey stormwater through
the emergency spillway to the discharge points.
(e)
Uncontrolled runoff.
1.
Uncontrolled runoff is stormwater flow not tributary to detention
basins or other stormwater control facilities on the development site.
2.
The total peak runoff from the site after development cannot
exceed predevelopment rates; therefore, uncontrolled runoff shall
be allowed only if:
a.
The stormwater-control facilities on site are adequately sized
to reduce the composite peak rates of runoff to below predeveloped
conditions for the entire site.
b.
The uncontrolled runoff will not exceed predeveloped peak rates
at the point of discharge. Uncontrolled runoff shall be limited to
overland and swale flows.
c.
No degradation in the water quality is anticipated.
(f)
Dams. Any stormwater basin that has more than five feet between
the downstream toe-of-slope and the emergency spillway crest is classified
as a dam and subject to N.J.A.C. 7:20, the New Jersey Dam Safety Standards.
All such dams must be designed, constructed, approved, operated and
maintained in compliance with N.J.A.C. 7:20, as amended and approved
by the New Jersey Department of Environmental Protection (NJDEP).
D.
Submission requirements.
(1)
The principles and standards stipulated in this section shall
be applicable to all developments which are subject to review and
approval by the Township of Hamilton. The stormwater management report
to be submitted shall include, at a minimum, the following:
(a)
A summary page to include drainage area, predevelopment and
post-development curve number (CN), time of concentration (TC), predevelopment
and post-development discharge (CFS) for the two-, ten- and one-hundred-year
storms and the total storage volume in the basin.
(b)
Computations of runoff curve numbers (CN), which shall include
soil types and existing and proposed land uses. A predevelopment and
post-development drainage map is required.
(c)
Calculations for determination of the time of concentration.
The path of surface runoff used to determine the time of concentration
for predevelopment and post-development conditions shall be shown.
Calculations shall include off-site drainage, if applicable. A plan
is required to show the predevelopment and post-development drainage
areas as well as the path used for time of concentration (TC).
(d)
Calculations for predevelopment and post-development discharges
for all required design storms. The detention basin chart shall include
for incremental elevations the basin area, basin volume and cumulative
basin volume.
(e)
Design and calculations of emergency spillways, riprap aprons,
swales and other soil erosion and sediment control features. Design
and calculations shall be in conformance with the Standards for Soil
Erosion and Sediment Control in New Jersey.
(f)
Hydrologic and hydraulic calculations for the storm sewer collection
system, culverts and other stormwater facilities. A drainage area
map showing subdrainage areas shall be submitted.
(g)
Hydrologic and hydraulic calculations for stream delineations,
floodway and flood hazard limits in accordance with the NJDEP Stream
Encroachment Manual, where the Federal Emergency Management Agency
(FEMA) or the state has not delineated a stream.
(2)
In order to provide general guidelines for the many types of
development covered by this section, the following categorizations
are made:
(a)
Category No. 1: development that concurrently contains mostly
impervious area and where additional development and/or site modifications
will cause no increase in runoff and/or impervious area. Stormwater
management reports for this type of development shall address water
quality control as the dominant concern. However, if the area is known
to have persistent flooding problems, a detention basin or some other
kind of storage or flood mitigation shall be required.
(b)
Category No. 2: development not covered in Category No. 1 and
where the site is less than 10 acres in total area. Stormwater management
reports shall require both water quality control and flood mitigation
measures. Either the Modified Rational Method or the United States
Department of Agriculture (USDA) TR-55 Method may be used to generate
the hydrographs for predevelopment and post-development conditions.
(c)
Category No. 3: development not covered under either of the
two categories above. Stormwater management reports shall require
both water quality control and flood mitigation measures. The USDA
TR-55 Method shall be used to generate the hydrographs for predevelopment
and post-development conditions.
E.
Maintenance and repair.
(1)
Unless assumed by a governmental agency, responsibility for
the operation and maintenance of stormwater management facilities
shall remain with the owner or owners of the property with permanent
deed provisions requiring that it shall pass to any successive owner
or operator of the site. The operation and maintenance of detention
facilities shall include but not be limited to the periodic removal
and disposal of accumulated particulate material and debris.
(2)
If portions of the land are to be sold, legally binding arrangements
shall be made to pass the basic responsibility to successors in title.
These arrangements shall designate for each project the property owner,
governmental agency or other legally established entity to be permanently
responsible for maintenance.
(3)
Prior to granting final approval to any project subject to review
under this section, the applicant or responsible party shall enter
into an agreement with a government agency or a legally established
entity to ensure the continued operation and maintenance of the stormwater
management facility. The responsible party may be but is not limited
to a homeowners' association if the property is subdivided and sold
separately. This agreement shall be in a form satisfactory to the
Township and may include but may not necessarily be limited to personal
responsibility, covenants and bonds. Penalties for noncompliance with
the maintenance requirements shall be part of the agreement.
(4)
An easement shall be executed with the governmental agency or
other entity to ensure the continued operation and maintenance of
the stormwater management facility. If the responsible party fails
to maintain the stormwater management facility, the governmental agency
or entity shall perform the maintenance, charge the owner and place
a lien upon the property of the owner until such charges are satisfied.
(5)
The applicant or owner shall submit an as-built plan of the
basin and its outlet structure after construction to ensure proper
volume and outlet structure construction.
[Amended 12-21-1994 by Ord. No. 94-058; 1-18-1995 by Ord. No.
95-003; 8-21-1996 by Ord. No. 96-038; 9-16-1998 by Ord. No.
98-034]
A.
All permitted fences shall be situated on a lot in such a manner
that the finished side of the fence shall face adjacent properties.
No fence shall be erected of barbed wire, topped with metal spikes,
nor constructed of any material or in any manner which may be dangerous
to persons or animals, except that the provisions in this section
shall not apply to farms and except further that fences permitted
for industrial uses may be topped by a barbed wire protective barrier
in RD, REO, REO-4, MFG and I Districts. All barbed wire fences shall
be faced into the property.
B.
Fences are permitted in all zones in accordance with the following
design criteria and regulations:
(1)
On any corner lot, no wall or other structure shall be erected
or altered except utility poles or light standards not exceeding a
cross-sectional area of one square foot, and no embankment or hedge,
shrubbery, tree or other growth shall be maintained which would cause
an obscuring or obstruction of traffic sight distances on a street
or public road. A clear sight triangle, formed by the intersection
of the right-of-way lines of two streets or railroads or a street
intersection with a railroad right-of-way line at two points, each
30 feet distant from the intersection of the right-of-way line, or
in the case of a rounded corner, from the point of intersection of
their tangents, shall be maintained. Such fences, structures, plantings
or other obstruction shall be limited to a height of not more than
three feet or less than seven feet above the street grade. A construction
permit is required for the installation of all fencing.
(2)
Except as stipulated above, a fence, wall or hedge shall be not more than four feet in height along the front lot line and six feet in height along a side lot line and rear lot line. The height shall not exceed four feet between the front lot line and front building line, and the fence shall not be of solid construction within this area. To qualify as not being of solid construction, the fence must be at least 50% open. For a wooden fence, the solid portion cannot exceed a maximum of six inches in width. Other fencing to be determined by the administrative officer. Rear yard fences for residential lots with reverse frontage shall adhere to Subsection B(11).
(3)
Fences should complement the structural style, type and design
of the principal building.
(4)
Fences which are deemed to be inferior in quality, and therefore
not maintenance-free (except for painting or refinishing), are prohibited.
(5)
Solid fences are more appropriately used adjacent to or attached
to the buildings as architectural extensions, and careful consideration
should be given to coordination with the lines, materials and color
of the principal structure.
(6)
Semitransparent fences are less architecturally related and
should be finished in a more natural manner.
(7)
Transparent fences should be as unobtrusive as possible and
blend into the surrounding landscape.
(8)
Plantings shall be considered as part of any fencing plan.
(9)
Metal fences, when used to enclose electrical supply stations
having energized electrical conductors or equipment, shall be a minimum
of seven feet in height and shall be effectively grounded. Other types
of construction, such as high-metallic material, shall present equivalent
barriers to climbing or other unauthorized entry.
(10)
A tennis court area, located in rear yard areas only, may be surrounded by a fence a maximum of 12 feet in height, said fence to be set back from any lot line the distances required for accessory buildings in the zoning district as stipulated in Article III.
(11)
Due to the public impact of reverse frontage lots located on
the Township's public road system, it has been found that a uniform
fencing design is necessary to ensure the interests of the public
domain. Therefore, residential lots with reverse frontage may have
rear yard fences, provided that they follow the following design standards:
(a)
Fences are to be constructed with a board-on-board design.
(b)
The street side of the fence is to remain a natural color and
is not to be painted. Natural color protective finishes are permitted.
(c)
Fences shall be six feet high and they must be constructed five
feet inside the residential rear property line. The five-foot area
on the street side of the fence is to be maintained in shrubs, trees,
grass or other natural plant material.
(d)
To ensure maintenance of the public side of the fence, each
residential property with a fence must provide a gate to allow access
between the rear yard and the street side of the fence. The gates
are for private use only and, therefore, may have security locks.
(e)
Corner lots with reverse frontage may have a fence along the street frontage that is parallel to the side yard of the house, conforming to the requirements of Subsection B(11)(a) through (d) preceding. The fence must be constructed five feet inside the lot line and may not extend beyond the front building line of the house. This provision does not supersede regulations governing fences in sight triangles or sight easements.
C.
Sight triangle easements shall be required at intersections, in addition
to the specified right-of-way width, in which no grading, planting,
fences in excess of three feet, parking lot or structure shall be
erected or maintained except for street signs, fire hydrants and light
standards. The "sight triangle" is defined as that area outside the
street right-of-way which is bounded by the intersecting street lines
and the straight line connecting sight points, one each located on
the two intersecting street center lines: arterial streets at 300
feet, collector streets at 200 feet and local streets at 90 feet.
Where the intersecting streets are both arterials, both collectors
or one arterial and one collector, two overlapping sight triangles
shall be required, formed by connecting the sight point 90 feet on
the intersecting street. (See Plate 1 attached.[1]) Such easement dedication shall be expressed on the site
plan as follows: "Sight triangle deeded for the purposes provided
for and expressed in the Land Development Ordinance."
[1]
Editor's Note: Plate 1 is attached to this chapter.
D.
Notwithstanding any provision of this chapter to the contrary, no
fence shall be installed on any property in a location or in a manner
so as to adversely affect the utility of an adjacent property. The
administrative officer shall have the authority to enforce this provision
through application of reasonable discretion. The administrative officer
shall not authorize the issuance of any permit for fence installation
where this provision applies, unless upon express written authorization
of the owner of the adjacent property.
[Amended 1-5-2006 by Ord. No. 05-038]
A.
Streetlighting of a type supplied by the utility and of a type and
number approved by the Director of Public Works shall be provided
for all street intersections and along all arterial, collector and
local streets and anywhere else deemed necessary for safety reasons.
Wherever electric utility installations are required to be underground,
the applicant shall provide for underground service for streetlighting.
B.
All parking areas and walkways thereto and appurtenant passageways
and driveways serving commercial, public, office, industrial, apartment
or other similar uses having common off-street parking and/or loading
areas and building complexes requiring area lighting shall be adequately
illuminated for security and safety purposes. The lighting plan in
and around the parking areas shall provide for nonglare color-corrected
lights focused downward. The light intensity provided at ground level
shall be a minimum of 0.5 footcandle anywhere in the area to be illuminated,
shall average a minimum of 1.0 footcandle over the entire area, and
shall be provided by fixtures with a mounting height not more than
25 feet or the height of the building, whichever is less, measured
from the ground level to the center line of the light source. Any
other outdoor lighting, such as building and sidewalk illumination,
driveways with no adjacent parking, the lighting of signs and ornamental
lighting, shall be shown on the lighting plan in sufficient detail
to allow determination of the effects to adjacent properties, traffic
safety and overhead sky glow. The objective of these specifications
is to minimize undesirable off-premises effects. No light shall shine
into windows or onto streets and driveways in such manner as to interfere
with or distract driver vision. To achieve these requirements, the
intensity of such light sources, the light shielding and similar characteristics
shall be subject to site plan approval.
[Amended 9-16-2014 by Ord. No. 14-064]
A.
Insofar as is practical, side lot lines shall be either at right
angles or radial to street lines.
B.
Each lot must front upon an approved public street.
C.
Where extra width has been dedicated for widening of existing streets,
lots shall begin at such new street line and all setbacks shall be
measured from such line (see Plate 2 attached[1]).
[1]
Editor's Note: Plate 2 is attached to this chapter.
D.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as 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, may withhold approval of such lots. If approval
is withheld, the Board shall give reasons and notify the applicant
and enter same in the minutes.
[Amended 1-20-1993 by Ord. No. 93-008; 6-27-2011 by Ord. No.
11-021]
A.
Natural features, such as trees, hilltops and views, natural terrain,
open waters and natural drainage lines, shall be preserved whenever
possible in designing any development containing such features.
B.
No topsoil shall be removed from areas intended for lawn or open
space. Topsoil moved during the course of construction shall be redistributed
so as to provide at least four inches of cover to all such areas,
which shall be stabilized by approved seeding and/or planting.
C.
A conscious effort shall be made to preserve all worthwhile trees
and shrubs which exist on the site. Stripping trees from a lot or
filling around trees on a lot shall not be permitted unless it can
be shown that grading or construction requirements necessitate removal
of trees, in which case those lots shall be replanted with trees to
reestablish the tone of the area. Trees shall be replanted using the
following formula:
(1)
Large-growing deciduous trees shall be planted using a ratio
of 100 trees planted for every one acre of woodlands lost or four
trees per lot, whichever is greater. Trees shall be a minimum of 1 1/2
inches to two inches caliper at time of planting.
(2)
Large-growing conifers may be substituted for the above-required deciduous trees at a ratio of three conifers for every one deciduous tree required. No more than 40% of the required replantings, however, may be conifers. Conifers must be a minimum of six feet at time of planting. The above formula represents requirements for plantings over and above required street tree plantings and landscape packages (§ 550-130) in residential developments and required street tree plantings, buffers and parking lot plantings in nonresidential developments. Should it be determined by the Planning Board or the Zoning Board of Adjustment that plantings required in this section cannot be accommodated on the subject site, the applicant/developer will be required to contribute trees to the Township at a rate of 130% of the required number of trees specified or equal monetary contribution to the Township for the purchase of trees for street, park and open space beautification. See § 550-130 for additional standards.
[Amended 1-20-1993 by Ord. No. 93-008]
A.
Lots.
(1)
Whenever title to two or more lots, contiguous along the same
street frontage, is held by the same owner, regardless of whether
or not each of said lots may have been approved as portions of a subdivision
prior to 1976 or acquired by separate conveyance or by other operation
of law, should by reason of exceptional shallowness, topographical
conditions, substandard area or yard space or similar measurements
not conform with the minimum lot area and dimension requirements for
the zone in which it is located, the contiguous lots of said owner
shall be considered as a single lot.
(2)
Whenever the owner of a lot existing at the time of adoption
of this chapter has dedicated or conveyed land to the Township in
order to meet the minimum street width requirement of the Official
Map or Master Plan of the Township, the Construction Official shall
issue building and occupancy permits for the lot whose depth and/or
areas are rendered substandard in area only because of such dedication
and where the owner has no other adjacent lands to provide the minimum
requirements.
(3)
Any existing lot on which a building or structure is located,
and which lot does not meet the minimum lot size, or a structure which
violates any yard requirements may have additions to the principal
building and/or construction of an accessory building without an appeal
for variance relief, provided that it can be demonstrated to the administrative
officer that:
(a)
The existing use(s) on the lot are conforming to the permitted
use(s) stipulated in this chapter for the lot in question.
(b)
The total permitted building coverage is not exceeded.
(c)
The accessory building and/or addition do not violate any other
requirements of this chapter, such as but not limited to height, setback
and parking.
B.
Structures and uses.
(1)
A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or by the public enemy to an extent less than 60% of its market value at the time of such calamity may be restored, and the occupancy or use of such building, structure or part thereof which lawfully existed at the time of such partial destruction may be continued, provided that such restoration is started within a period of one year and is diligently prosecuted to completion. In the event that such damage or destruction exceeds 60% of the market value of such building at the time of such calamity, no repairs or reconstruction shall be made unless every portion of such building and its use is made to conform to all regulations of this chapter for the zone in which it is located; or reconstruction of any building or structure under the provisions of this section shall be in accordance with the requirements of Chapter 167, Construction Codes, Uniform, of the Code of the Township of Hamilton. The restrictions of this subsection shall not apply to single-family residences, which may be reconstructed in kind as the residence existed prior to damage or destruction, so long as reconstruction is commenced within one year.
(2)
Repairs and maintenance work required to keep a structure in
sound condition may be made to a nonconforming structure containing
a nonconforming use. However, no nonconforming structure or structure
containing a nonconforming use shall be enlarged, extended, constructed,
reconstructed or structurally altered in any manner without an appeal
for variance relief.
(3)
The vacation of a nonconforming building or use for a consecutive
period of one year shall be deemed a permanent vacation, and thereafter
the building shall not be reoccupied except in conformity with the
regulations of the district in which it is located, and the use may
not be resumed.
(4)
Any nonconforming use of land and/or a building or structure
shall not be changed to any other nonconforming use.
[Amended 1-20-1993 by Ord. No. 93-008; 9-16-1998 by Ord. No.
98-034; 5-20-2004 by Ord. No. 04-016]
A.
Landscaping.
(1)
Except for detached dwelling units, a screen planting of a dense
evergreen material not less than four feet in height shall be provided
between the off-street parking areas 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.
(2)
All loading areas shall be landscaped and screened sufficiently
to obscure the view of the parked vehicles and loading platforms from
any public street, adjacent residential districts or uses and the
front yards of adjacent commercial and industrial uses. Such screening
shall be by an extension of a building, a fence, wall, planting or
combination thereof and shall not be less than five feet in height.
(3)
Each off-street parking area shall have a minimum area equivalent
to one parking space per every 10 parking spaces landscaped, with
1/2 of said spaces having shrubs no higher than three feet and the
other half having trees with branches no lower than seven feet. Such
landscaped spaces shall be distributed throughout the parking area
in order to break the view of long rows of parked cars in a manner
not impairing visibility and shall not be construed as meeting the
requirements for buffers or screening as specified in this chapter.
B.
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets and shall be in accordance with § 550-115.
C.
Surfacing and curbing.
(1)
Off-street parking lots and loading areas, together with their
access aisles, driveways and fire lanes, shall not occupy more than
45% of the lot area. All parking and loading areas and access drives
shall be paved as outlined below or the equivalent, as determined
by the Township Engineer, and approved as part of the development
application approval. All parking areas, regardless of size and location,
shall be suitably drained and maintained.
(a)
Areas of ingress or egress, loading and unloading areas, major
interior driveways or access aisles and other areas likely to experience
similar heavy traffic shall be paved with not less than five inches
of compacted base course of 3/4 inch quarry-processed stone, shall
be utilized with a minimum of two-inch-thick compacted wearing surface
of bituminous concrete (FABC), and shall be constructed thereon in
accordance with Division 3, Section 10, of the aforesaid New Jersey
State Highway Department specifications and amendments thereto.
(b)
Parking stall areas and other areas likely to experience similar
light traffic shall be paved with not less than four inches of compacted
3/4 inch quarry-processed stone and a two-inch-thick compacted wearing
surface of bituminous concrete (FABC).
(c)
Where subbase conditions of proposed parking and loading areas
are wet, springy or of such a nature that surfacing would be inadvisable
without first treating the subbase, the treatment of the subbase shall
be made in the following manner: The areas shall be excavated to a
depth of six to 12 inches below the proposed finished grade and filled
with suitable subbase material as determined by the Township Engineer.
Where required by the Township Engineer, a system of porous concrete
or PVC pipe subsurface drains shall be constructed beneath the surface
of the parking area and connected to a suitable drain. After the subbase
material has been properly placed and compacted, the parking area
surfacing material, as described heretofore, shall be spread thereon.
(2)
All off-street parking lots shall have adequate designations
to indicate traffic flow and parking spaces.
(3)
Curbing shall be provided along all off-street parking and loading
areas as well as along all traffic aisles providing access to said
parking and loading areas. Curbing shall be Belgian block, unless
otherwise approved by the administrative officer.
D.
Access. Access points from any one lot crossing the street line shall
be limited to a maximum of two along the frontage of any single street.
The center line of any separate access point shall be spaced at least
65 feet apart, shall handle no more than two lanes of traffic, shall
be at least 12 feet from any property line unless otherwise specified
in this chapter 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 in no case shall the setback distance exceed 200
feet. Continuous open driveways in excess of 23 feet at the cartway
line shall be prohibited, except that for nonresidential uses driveways
of more than 23 feet may be permitted, giving due consideration to
the proposed width, curbing, direction of traffic flow, radii of curves
and method of dividing traffic lanes. Curbing shall be depressed at
the driveway or the curbing may be rounded at the corners and the
driveway connected with the streets in the same manner as another
street.
E.
Off-street parking and loading area requirements.
(1)
In all zones, in connection with every industrial, commercial,
business, institutional, recreational or any other use, there shall
be provided at the time any building or structure is erected, enlarged
or increased in capacity off-street parking for automotive and other
vehicles in accordance with the requirements set forth herein. Such
facilities shall be completed prior to the issuance of a certificate
of occupancy.
(2)
Each automotive parking space shall not be less than 180 square
feet in area, not less than nine feet wide and not less than 20 feet
deep, exclusive of passageways. In addition, there shall be provided
interior driveways to connect each parking space with a public right-of-way.
Where the front or rear of vehicles will overhang the curb and there
is at least a two-foot clearance beyond the curb, parking stalls may
be reduced in size to nine feet wide and 18 feet deep.
(3)
Each off-street parking space shall be clearly marked, preferably
with hairpin striping, and on-pavement directional arrows or signs
shall be provided wherever necessary. All striping, markers, directional
arrows and signs shall be properly maintained so as to ensure their
maximum efficiency.
(4)
Except in the case of one-family and two-family dwellings, no
parking area shall be established for less than three spaces unless
adequate on-street parking spaces in front of the site do not exist.
(5)
Garage space or space within buildings, in basements or on the
roofs of buildings may be used to meet the off-street parking requirements
of this section, provided that such space is designated to serve as
an off-street parking space.
(6)
All off-street parking should conform to the following widths:
Parking Angle
(degrees)
|
Aisles
(feet)
|
Bay Widths Parking Both Sides
(feet)
|
Bay Widths Parking One Side
(feet)
|
---|---|---|---|
90°
|
25
|
64
|
44
|
60°
|
18
|
60
|
39
|
45°
|
13
|
53
|
33
|
30°
|
11
|
47
|
29
|
(7)
Off-street parking spaces for one-family and two-family dwellings
shall be located on the same lot as the main building to be served.
Off-street parking spaces for multifamily dwellings shall be located
not more than 300 feet distant, as measured along the nearest pedestrian
walkway. Off-street parking spaces for all other uses shall be provided
on the same lot as the main building to be served or not more than
500 feet distant, as measured along the nearest pedestrian walkway.
(8)
The off-street parking requirements for two or more neighboring
uses of the same or different types may be satisfied by the allocation
of the required number of spaces for each in a common parking facility,
provided that the number of off-street parking spaces is not less
than the sum of individual requirements; and provided, further, that
there be compliance with all other provisions of these regulations.
(9)
Off-street parking facilities for one use shall not be considered
as providing the required facilities for any other use, provided that
1/2 of the off-street parking space required by any use whose peak
attendance will be at night or on Sundays, such as churches, theaters
and assembly halls, may be assigned to a use which will be closed
at night or on Sundays.
(10)
When the off-street parking facility for a proposed building
or use cannot be provided on the site occupied by the building or
use, the applicant shall submit with his application an instrument,
fully executed and acknowledged to the satisfaction of the Board,
which accepts as a condition for the issuance of a building permit
and/or occupancy permit the continued availability of the off-street
parking facility.
F.
Off-street parking standards.
(1)
Computation of number of employees. For the purpose of the following
subsection, the number of employees shall be computed on the basis
of the average number of persons to be employed, taking into consideration
day, night and seasonal variations.
(2)
Number of spaces. Each individual use shall provide parking
spaces according to the following minimum provisions. Where a permitted
use of land includes different specific activities with different
specific parking requirements, the total number of required parking
spaces shall be obtained by individually computing the parking requirements
for each different activity and adding the resulting numbers together.
Use
|
Minimum Parking Space Requirements
|
---|---|
Automobile sales establishment
|
1 space for every 1,000 square feet of the area used for such
purposes and 1 space per employee
|
Bank
|
5 spaces per 1,000 square feet of gross floor area or 8 spaces
for each teller window, whichever is greater; stacking lanes shall
accommodate at least 8 vehicles per teller window
|
Boardinghouse or rooming house
|
At least 1 space for each rental unit plus 1 additional space
for owner or manager
|
Bowling establishment
|
At least 4 spaces for each bowling lane; if additional facilities,
such as bar or restaurant, are provided, additional parking spaces
shall be provided in accordance with the requirements for similar
uses set forth in this subsection
|
Child and infant care centers
|
1 space for each employee plus 1 space for every 10 children
permitted under maximum capacity
|
Church, synagogue or other place of worship
|
At least 1 space for each 4 seats
|
Commercial, personal service establishment or retail service
|
1 space for each 200 square feet of gross floor area
|
Community buildings, social halls and places of public assembly
|
1 parking space for each 2 seats, except where a specific amount
of seating is undetermined, then 1 parking space shall be required
for 75 square feet of assemblage area
|
Construction enterprise or vehicle repair garage
|
1 space for every 300 square feet of floor area used for repair
and 1 space for every 500 square feet of floor area used for inside
storage and warehousing
|
Country club
|
1 parking space for each 100 square feet of floor area occupied
by all principal or accessory structures, except those used for parking
purposes
|
Educational institution, public or private
|
At least 1 space for each 2 employees, including teachers and
administrators; sufficient off-street parking space for the safe and
convenient loading and unloading of students; additional facilities
for student parking, taking into consideration the total number of
students driving automobiles; stadiums, gymnasiums and auditorium
uses shall be in addition to these requirements
|
Eleemosynary or philanthropic institution
|
At least 1 space for each 2 employees, plus such additional
facilities for residents and visitors as shall be deemed necessary
|
Funeral home, mortuary
|
10 parking spaces plus 1 space for each 50 square feet of floor
area
|
Furniture store
|
1 1/2 spaces for each 1,000 square feet of gross floor
area
|
Garden center, flower or plant nursery, landscape gardener's
business
|
6 spaces per 1,000 square feet of gross floor area of buildings
plus 1 space per 1,000 square feet of outside storage, sale or display
area
|
Golf course or club
|
10 parking spaces for each tee
|
Golf driving range or miniature golf
|
1 1/2 parking spaces for each tee
|
Government-owned or -operated building or use, such as a post
office
|
At least 1 space for each 100 square feet of gross floor area
|
Home occupation
|
At least 1 parking space in addition to the requirement for
the dwelling unit
|
Hospital
|
At least 1 space for each 2 patient beds, excluding bassinets,
plus 1 additional space for each medical staff member or visiting
doctor, based on the average number of such persons serving the hospital,
plus 1 additional space for each 4 employees, including nurses
|
Hotel
|
1 parking space per guest room;
1 parking space for each employee – the shift having the
most employees shall be used to calculate employee parking needs;
1 parking space for every 3 seats in the restaurant(s) and/or
lounge(s) and/or conference/banquet space; where it can be proved
that shared parking will occur, reductions in the required number
of parking spaces may be permitted
|
Indoor tennis, racquetball, squash or handball courts
|
4 spaces per each court
|
Industrial or manufacturing establishments
|
At least 1 parking space for each employee on the maximum work
shift and 1 additional space for each vehicle used directly in the
conduct of the enterprise or 1 space for each 600 square feet of floor
area, whichever is greater
|
Laboratory or research use
|
At least 1 parking space for each employee or 1 parking space
for each 500 square feet of gross floor area, whichever is greater.
|
Medical or dental practitioner's or attorney's office
|
1 parking space for each 175 square feet of gross floor area
or 5 spaces for each doctor, dentist, or attorney plus 1 additional
space for each employee, whichever is greater
|
Multiple-family dwelling
|
At least 2 spaces for each dwelling unit
|
Museum, exhibition hall, art gallery, library, music conservatory
or other cultural facility
|
1 space for each 1.5 persons of rated occupancy
|
Nursing home
|
1 for each bed
|
Office, business, other than medical, dental and attorney or
other professional office
|
1 space for each 250 square feet of gross floor area for each
building up to 100,000 square feet;
1 space for each 285 square feet of gross floor area for each
building containing between 100,001 and 300,000 square feet;
1 space for each 330 square feet of gross floor area for each
building containing over 300,000 square feet
|
One- or two-family detached dwelling
|
At least 2 spaces per dwelling unit, which shall have immediate
access to the street
|
Private club or union hall
|
At least 1 space for each 100 square feet of gross floor area
|
Professional office, other than medical, dental or attorney
|
1 space for each 200 square feet of gross floor area or 5 spaces
for each professional person occupying or using each office, whichever
is greater
|
Railroad or bus station
|
At least 1 space for every 100 square feet of waiting room space,
including concession and dining areas
|
Recreation establishment
|
At least 1 space for each 100 square feet of nonstorage floor
area
|
Restaurant, bar or tavern
|
At least 1 space for every 3 seats or 1 space for every 3 persons
of rated building capacity, whichever is greater, but in all cases
a sufficient number of spaces to prevent obstruction of driveways,
fire lanes and aisles
|
Senior citizen housing
|
At least 1 space per dwelling unit
|
Service stations
|
At least 6 spaces for the first lift, wheel alignment pit or
similar work area, 5 additional spaces for a second work area and
an additional 3 spaces for each additional work area; such spaces
shall be separated from the driveway and general apron areas which
give access to the gasoline and air pumps and service areas; no designated
parking space shall obstruct access to such facilities
|
Shopping center
|
For purposes of application of these parking ratios, a shopping
center shall be a complex containing multiple retail or personal service
establishments totaling at least 50,000 square feet of gross floor
area. For retail facilities containing less than 75,000 square feet
of gross floor area or single freestanding retail establishments for
any size, the parking ratio for a commercial, personal service establishment
or retail store shall be applied in determining the number of parking
spaces required, which is 1 space for each 200 square feet of gross
floor area;
4 spaces for each 1,000 square feet of gross floor area for
centers containing between 75,000 and 400,000 square feet of gross
floor area;
4 1/2 spaces for each 1,000 square feet of gross floor
area for centers containing between 400,001 and 600,000 square feet
of gross floor area;
5 spaces for each 100 square feet of gross floor area for centers
containing over 600,000 square feet of gross floor area
|
Stadium, ball park or other outdoor sports arena
|
At least 1 space for each 5 seats
|
Swimming pool or natural bathing place operated for profit
|
At least 1 space for each 4 persons within the recommended or
legal capacity prescribed under applicable state or local laws, ordinances
or resolutions
|
Theater, auditorium or indoor sports arena
|
At least 1 space for each 4 seats or similar vantage accommodations
provided
|
Wholesale establishment and warehouse
|
Wholesale warehouse establishments, excluding retail use: 1
space for each 750 square feet of gross floor area or 1 space per
employee, and 1 space for each vehicle used directly in the conduct
of the business, whichever is greater; when wholesale sales to the
general public are permitted, 1 parking space per 200 square feet
shall be require
|
Uses not specified
|
In determining minimum parking space requirements for uses not
covered in this article, the number of persons to be employed in said
building or by the use and the number of persons expected to reside
in, visit or patronize the building or use and the anticipated percentage
of residents, visitors or patrons using various transportation modes
shall be considered
|
(3)
Handicapped parking spaces.
(a)
Where parking lots are provided, designated parking spaces for
handicapped persons shall be required as follows:
Total Number of Parking Spaces in Lot
|
Required Number of Accessible Spaces
|
---|---|
Up to 50
|
1
|
51 to 200
|
2
|
Over 200
|
1% of total spaces in lot (to nearest whole number)
|
(b)
Designated parking spaces for handicapped drivers shall be as
close as possible to the route of travel to the accessible principal
entrance or entrances to the building and shall be identified with
a clearly visible sign mounted off the ground and displaying the international
symbol of access.
(c)
Where the designated space cannot be within 200 feet of the
accessible principal entrance or entrances, a dropoff area is to be
provided within 100 feet of such entrance or entrances.
(d)
Parking spaces for individuals with physical handicaps shall
be 12 feet wide with an unobstructed, near-level, paved surface that
is suitable for wheeling and walking.
1.
Such parking spaces shall allow room for individuals in wheelchairs
or individuals on braces, canes and crutches to get in and out of
either side of an automobile.
2.
A standard parking space parallel to a curb shall constitute
an acceptable space for handicapped parking, provided that it allows
sufficient area for individuals in wheelchairs or individuals on braces
and crutches to get in and out of either side of an automobile onto
a near-level, paved surface that is suitable for wheeling and walking,
and affords route-of-travel accessibility to the building.
3.
Care in planning shall be exercised so that individuals in wheelchairs
and individuals using braces and crutches are not compelled to wheel
or walk behind parked cars.
(e)
Curb ramps shall be provided to permit handicapped people access
from parking area to sidewalk.
(4)
Excess spaces and banked parking. Where it can be demonstrated
at the time of Planning Board review that the parking requirements
of this section will result in more parking spaces than actual needs
require, the Board may waive the paving of such spaces and instead
reserve spaces for such future facilities' needs, and if conditions
in use or actual operation of the proposed use increase parking needs,
the administrative officer may require such reserved unpaved spaces
to be paved. A lien or other suitable legal instrument may be placed
on the property to ensure enforceability of this delayed parking installation
provision.
G.
Off-street parking and loading design details.
(1)
All off-street parking, off-street loading and service facilities
shall be so drained as to prevent damage to abutting properties and/or
public streets and shall be constructed of materials which will assure
a surface resistant to erosion. Such drainage and materials shall
be installed as required by the Township Engineer. All such areas
shall, at all times, be maintained at the expense of the owners thereof
in a clean, orderly and dust-free condition.
(2)
Curbing and loading shall be required along all off-street parking
areas as well as along all traffic aisles leading to and from the
off-street parking and loading areas.
(3)
All off-street parking, off-street loading and service areas
shall be separated from walkways, sidewalks, streets and alleys by
curbing or other protective devices as approved by the Township Engineer.
(4)
A private walk provided adjacent to a business or industrial
building shall be not less than four feet in width and shall conform
to all the other requirements of this section. Vehicles are not permitted
to overhang any private walk, unless the private walk is 6 1/2
feet wide.
(5)
Required loading space, including maneuvering space for such
loading space, shall not be established in the area between the front
building line and street right-of-way line in the GC, GSC, REO, REO-4,
RD, MFG and I Districts.
(6)
No off-street parking or loading areas shall be used for the
sale, repair, dismantling or servicing of any vehicles, equipment,
materials or supplies.
(7)
Where off-street parking, loading or service areas are proposed
to be located closer than 50 feet to a lot in any residential zoning
district or to any lot upon where there exists a dwelling as a permitted
use under this article, and where such parking, loading and service
areas are not entirely screened visually from such lot by an intervening
building or structure, there shall be provided along the lot line
a continuous screen. The screen shall consist of evergreens five feet
in height planted four feet on center. No such screen shall extend
nearer to a street right-of-way line than the established building
line of the adjoining residential lot.
(8)
No off-street parking area shall be reduced in size or encroached
upon by buildings, vehicle storage, loading or unloading or any other
use where such reduction or encroachment will reduce the off-street
parking and/or loading spaces below that required by this article.
(9)
A loading berth shall be at least 12 feet wide with at least
15 feet of overhead clearance. The length of the loading berth shall
be at least 48 feet or shall be a length such that the horizontal
distance from the front of the dock for back-in parking to the limiting
boundary of the loading and unloading area shall be not less than
twice the overall length of the longest vehicle expected to use the
facility. The sufficiency of the off-street loading and maneuvering
space shall be determined based upon the kind and amount of loading
and unloading operations required by the given use. In no case shall
the use of any loading berth hinder the free movement of vehicles
and pedestrians over a street, sidewalk or alley. Such spaces shall
be screened from view.
(10)
Where a property proposed for commercial development abuts an
existing commercial property, a common-access curb cut between parking
areas must be provided with appropriate easements between the two
properties. Where a property proposed for commercial development abuts
a residential property within a commercial zone, appropriate easements
which would allow access from the residential property through the
commercial property are required in the event that the residential
property is converted to commercial use. With new development, side
yard, rear yard and/or front yard parking areas must be connected
with existing parking areas or adjacent properties.
(11)
Shopping center proposals shall be reviewed on a case-by-case
basis to establish the adequacy of proposed loading facilities.
[Added 9-16-2014 by Ord.
No. 14-064]
H.
Off-street loading standards.
(1)
The following off-street loading area requirements shall be
applied to the corresponding uses:
Use
|
Minimum Loading Space Requirements
| |
---|---|---|
Hospitals and nursing homes (in addition to space for ambulances)
|
1 for each 10,000 to 30,000 square feet; for each additional
30,000 square feet or fraction thereof, 1 additional space
| |
Industrial and wholesale operations with a gross floor area
of 10,000 square feet or over, as follows:
| ||
10,000 to 40,000 square feet
|
1
| |
40,000 to 100,000 square feet
|
2
| |
100,000 to 160,000 square feet
|
3
| |
160,000 to 240,000 square feet
|
4
| |
240,000 to 320,000 square feet
|
5
| |
320,000 to 400,000 square feet
|
6
| |
Each 90,000 square feet above 400,000 square feet
|
1 additional space
| |
Office building or hotel with a gross usable floor area of 100
square feet or more devoted to such purposes
|
1 for every 100,000 square feet of floor area
| |
Retail operations and all first-floor nonresidential uses with
a gross floor area of more than 3,000 square feet and less than 20,000
square feet and all wholesale and light industrial operations with
a gross floor area of less than 10,000 square feet
|
1
| |
Retail operations, including restaurant and dining facilities
with hotels and office buildings with a gross usable floor area of
20,000 square feet or more devoted to such purposes
|
1 for every 20,000 square feet of floor area
| |
Schools (if over 15,000 square feet)
|
1
| |
Undertakers and funeral parlors
|
1 for every 5,000 square feet
|
I.
General circulation design principles for multifamily circulation
systems.
(1)
Multiple-family developments should be serviced by a complete
loop street system of at least 30 feet in width affording at least
two means of ingress and egress to the site. Crossovers should be
provided. When a complete system is not practical, thirty-four-foot
or forty-foot side streets should be considered with a divided road
at least at the entrance.
(2)
Parking areas should be designed to focus on major walkways.
(3)
Parking space allocation should be oriented to specific buildings.
(4)
Parking areas may be designed to focus on major walkways, which
should be fenced or marked. Where pedestrians must cross service roads
or access roads to reach parking areas, crosswalks should be clearly
designated by pavement markings or signs. Crosswalks should be raised
slightly or crosshatched to designate them to drivers unless drainage
problems would result.
(5)
A one-way car movement (to the right or counterclockwise) should
be encouraged.
(6)
A major loop road should be developed around the parking area,
and parking bays should run perpendicular off the road.
(7)
Driveways should approach from the right to permit passengers
to alight to or from the sidewalk.
(8)
Whenever possible, one-way traffic should be established at
building entrances.
(9)
Where buses are a factor, consideration should be made for special
bus indentation slots off the roadway to allow passengers to get on
and off easily and safely.
(10)
Roads and driveways from main roads should be located at grade
and not below the crest of vertical curves.
J.
Residential driveways.
(1)
Only one driveway access shall be permitted for any residential
lot.
(2)
In the case of a corner lot, the driveway shall be constructed
from the roadway carrying the lesser amount of traffic, unless this
would otherwise result in an unsafe condition. The Township Engineer,
after consultation with the Township Planner and the Chief of the
Traffic Bureau, shall determine the roadway from which access is taken
and shall advise the Construction Official prior to the issuance of
a building permit.
(3)
In the case where the driveway is to be constructed from a major
collector, residential boulevard or arterial roadway, as designated
on the traffic circulation plan of the Master Plan, an on-site turnaround
or maneuvering area must be provided on the lot so that vehicles may
exit the driveway in a forward manner.
(4)
Driveways for single-family or two-family residential dwellings
must be situated on the property so as to line up with the garage
door opening(s) with a minimum of curvature involved. In those instances,
where there is no garage(s), the driveway must be situated within
the side yard setback area of the property. In both instances, driveways
shall be no closer than five feet to any side or rear property line
and shall be constructed in accordance with the provisions of this
chapter and the engineering construction details of the Township of
Hamilton. No parking areas shall be created within the front setback
or rear yard areas except in accordance with the aforementioned conditions.
Any deviations from this section will require a waiver from the administrative
officer or Planning Board. All off-street parking must be paved with
bituminous or concrete materials. This shall not be construed as prohibiting
hammerhead driveways. Only one driveway may be permitted for single-family
or two-family homes, which should conform to the aforementioned standards
and not exceed a width of 20 feet. Horseshoe or circular driveways
shall be permitted in the RRC Zone District only. In those instances
where there is a side-entry garage, the driveway pad may not extend
more than 35 feet from the garage door and may not extend past the
existing front and rear building lines.[1]
K.
Paving permit. A permit is required from the Division of Engineering
prior to concrete or bituminous paving or repaving or replacement
of concrete or bituminous material in any parking area and/or driveway,
either residential or nonresidential. The application must include
a plot plan showing a typical paving cross section, existing and proposed
topography, and direction of drainage. Details may be waived by the
administrative officer upon the recommendation of the Township Engineer.
The owner or contractor shall be subject to a fine if this permit
is not obtained. The Public Works Department should be notified prior
to pouring of concrete or installation of bituminous material.
An application for a 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 condition
that no certificate of occupancy will be issued until such time as
this documentation is submitted with respect to the particular occupant.
A new application and a new certificate of occupancy shall be required
in the event of a change of any user of any structure. In reviewing
any site plan, the Board shall consider the following:
A.
Traffic. Pedestrian and vehicular traffic movement within and adjacent
to the site, with particular emphasis on the provision and layout
of parking areas, off-street loading and unloading and movement of
people, foods and vehicles from access roads within the site, between
buildings and between buildings and vehicles, should be carefully
reviewed. The Board shall ensure that all parking spaces are usable
and are safe and conveniently arranged. Access to the site from adjacent
roads shall be designed so as to interfere as little as possible with
traffic flow on these roads and to permit vehicles a rapid and safe
ingress and egress to the site.
B.
Design and layout. The design and layout of buildings and parking
areas shall be reviewed so as to provide an aesthetically pleasing
design and efficient arrangement. Particular attention shall be given
to safety and fire protection, impact on surrounding development and
contiguous and adjacent buildings and lands.
C.
Lighting. Adequate lighting shall be provided to ensure safe movement
of persons and vehicles and for security purposes. Lighting standards
shall be of a type approved by the Board. Directional lights shall
be arranged so as to minimize glare and reflection on adjacent properties.
D.
Buffers. Buffering shall be located around the perimeter of the site
and/or in groupings at strategic locations in order to minimize the
glare of headlights of vehicles, lights from structures, noise and
the movement of people and vehicles and to shield activities from
adjacent properties, etc. Buffering may consist of fencing, evergreens,
shrubs, bushes, deciduous trees, etc., or combinations thereof, to
achieve the stated objectives.
E.
Landscaping. Landscaping shall be provided as part of the overall
site plan design and integrated into building arrangements, topography,
parking and buffering requirements. Landscaping shall include trees,
bushes, shrubs, ground cover, perennials, annuals, plants, sculpture,
art and the use of building and paving in an imaginative manner.
F.
Signs. Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site and located so as to achieve their intended purpose without constituting a hazard to vehicles and pedestrians. (See § 550-124.)
G.
Storm drainage, sanitary waste disposal and water supply. Storm drainage,
sanitary waste disposal and water supply shall be reviewed and considered.
Particular emphasis shall be given to the adequacy of the existing
system and the need for improvements, both on-site and off-site, to
adequately carry runoff and sewerage and to maintain an adequate supply
of water at sufficient pressure.
H.
Garbage disposal. Garbage disposal should be adequate to ensure freedom
from vermin and rodent infestation.
I.
Environmental elements. Environmental elements relating to soil erosion,
preservation of trees, protection of watercourses and resources, emission
of glare, noise, odor, air and water pollution, aesthetic conditions,
topography, soil and animal life shall be reviewed and the design
of the plan shall minimize any adverse impact on these elements.
J.
Support facilities. Support facilities, including the proximity and
capacity of community facilities necessary to sustain the needs and
demands of the proposed development, should be carefully considered
so as to maintain and promote balanced community environments. These
support facilities may include phone booths, benches, bike racks,
trash receptacles, bus shelters, tot-lots, game fields, open space
and land dedication for educational facilities, firehouses, etc.
K.
Electrical and/or electronic devices. All electrical or electronic
devices shall be subject to the provisions of Public Law 90-602, 90th
Congress, HR 10790, dated October 18, 1968, entitled "An Act for the
Protection of Public Health and Safety from the Dangers of Electronic
Production Radiation." Radiation products, as defined in DHEW Publication
No. (FDA) 78-8003, shall be so limited and controlled that no measurable
energy can be recorded at any point beyond the property boundaries.
The applicant, upon request, shall produce certified data wherein
measurements made in accordance with the procedures and standards
set forth in the DHEW Publication No. (FDA) 75-8003 adequately demonstrate
compliance with the minimum standards established by the act. All
other forms of electromagnetic radiation lying between 100 KHz and
10 MHz shall be restricted to the technical limits established in
the Federal Communications Commission's rules and regulations. Additionally,
electric or electronic equipment shall be shielded so that there is
no interference with any radio or television reception at the lot
line (or beyond the operator's dwelling unit in the case of multifamily
dwellings) as the result of the operation of such equipment.
L.
Glare. No use shall produce a strong, dazzling light or a 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 dwelling units, adjoining districts or streets.
M.
Heat. No use shall produce heat perceptible beyond its lot lines.
Further, no use shall be permitted which would cause the temperature
to rise or fall in any body of water.
N.
Noise. Noise levels shall be designed and operated in accordance
with local regulations and those rules established by the New Jersey
State Department of Environmental Protection, as they are adopted
and amended.
O.
Odor. Odors due to nonagricultural operations shall not be discernible
at the lot line or beyond.
P.
Storage and waste disposal. No materials or wastes shall be deposited
upon a lot in such form or manner that they may be transferred off
the lot by natural causes or forces, nor shall any substance be deposited
which can contaminate an underground aquifer or otherwise render such
underground aquifer undesirable as a source or water supply or recreation,
or which will destroy aquatic life. All materials or wastes which
might cause fumes or dust or which constitute a fire hazard or which
may be edible or otherwise attractive to rodents or insects shall
be stored indoors and enclosed in appropriate containers adequate
to eliminate such hazards. With respect to solid wastes, each business
and industry shall:
(1)
Assume full responsibility for adequate and regular collection
and removal of all refuse.
(2)
Comply with all applicable provisions of the Air Pollution Code,
including prohibition of open burning on dumps and regulations applicable
to sanitary landfill and incineration.
(3)
Comply with all provisions of the State Sanitary Code, Chapter
VIII, Refuse Disposal, Public Health Council of the State Department
of Health.
(4)
Permit no accumulation on the property of any solid waste, junk
or other objectionable materials.
Q.
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 set back from all property lines 10 feet or equipped
with baffles to deflect the discharged air away from the adjacent
use.
R.
Vibration. There shall be no vibration which is discernible to the
human sense of feeling beyond the immediate need.
T.
Liquid wastes. No liquid waste shall be discharged into any watercourse
in the Township. No industrial waste shall be discharged into the
Hamilton Township sewerage system except in accordance with the Hamilton
Township Industrial Waste Code and the Superintendent of the Division
of Water Pollution Control, who shall first have investigated the
character and volume of such waste and shall certify that the sewer
system will accept the discharge of such waste material.
U.
Radiation. All use of materials, equipment or facilities which are
or may be sources of radiation shall comply with all controls, standards
and requirements of the Radiation Protection Act, Chapter 116, P.L.
1958, as amended December 4, 1961, and any codes, rules or regulations
promulgated under such act. No radioactive materials shall be buried
on the premises. This subsection shall not be effective until approved
by the Commissioner of the Department of Health, as provided in N.J.S.A.
26:2d-17.
V.
Noise and vibration noise.
(1)
When measured at any point along the lot line, the sound pressure
level radiated continuously from a facility between the hours of 10:00
p.m. and 7:00 a.m. shall not exceed the following in any octave band
of frequency:
Frequency Band
(cycles per second)
|
Sound Pressure Level
(in decibels re 0.0002 microbar)
|
---|---|
20 to 75
|
69
|
75 to 150
|
54
|
150 to 300
|
47
|
300 to 600
|
41
|
600 to 1,200
|
37
|
1,200 to 2,400
|
34
|
2,400 to 4,800
|
31
|
4,800 to 9,600
|
28
|
(2)
If the noise is not smooth and continuous and is not radiated
at nighttime, one or more of the following corrections shall be added
to or subtracted from each of the decibel levels given below:
Type of Operation or Character of Noise
|
Correction in Decibels
|
---|---|
Daytime operation only
|
+5
|
Noise source operates less than 20% of the time
|
+5*
|
Noise source operates less than 5% of the time
|
+10*
|
Noise source operates less than 1% of the time
|
+15*
|
Noise of impulsive character (hammering, etc.)
|
-5
|
Noise of periodic character (hum, screech, etc.)
|
-5
|
*
|
Apply one of these corrections only
|
(3)
The sound pressure shall be measured with a sound level meter
conforming to American Standard Specification for General Purpose
Sound Level Meters, S1.4-1961, rev. of Z24.3-1944, and with an octave
band analyzer conforming to the American Standard Specification for
an Octave-Band Filter Set for the Analysis of Noise and Other Sounds,
Z24.10-1953, Vibration. No manufacturing, fabricating, research, testing
or other processes requiring the use of blasting shall be permitted.
Any necessary occasional, emergency or construction blasting shall
conform to the limits of the Table of Frequency/Amplitude Relations
and all other requirements of the Rules and Regulations Governing
Blasting on Construction and Related Operations, Bureau of Engineering
and Safety, State Department of Labor and Industry. No machinery,
process or other use will be permitted that causes any mechanical
or earth vibration that is detectable beyond the lot line. When operations
involve the use of heavy machinery, testing or other facilities likely
to produce mechanical vibration, the building shall be constructed
and the machinery and equipment shall be installed in such manner
as to eliminate the possibility of mechanical vibration or earth vibration
of such extent that it is detectable beyond the lot line. For the
purpose of measuring compliance, no mechanical vibration or earth
vibration shall be permitted that exceeds 10% of the limits of the
aforementioned Table of Frequency/Amplitude Relations.
W.
Fire and explosion hazards. As a condition to approval, the Planning
Board shall require proof that the applicant for a proposed industry
has registered such industry with the Commissioner of Labor and Industry.
If in the judgment of the Planning Board a proposed building, use,
structure, process, product or material appears to involve a fire
or explosion hazard, the Planning Board may require the applicant
to supply:
(1)
A copy of the approved plans from the State Department of Labor
and Industry showing that adequate safeguards against the origin and
spread of fire have been or shall be taken in regard to such things
as the construction and materials of the building or structure, the
installation of safety and warning devices and the adoption of fire
prevention procedures in operations.
(2)
Statement from the appropriate Township fire company officials
that the applicant has complied with all applicable Township fire
prevention regulations.
Unless otherwise specified in this chapter, no more than one
principal dwelling or building shall be permitted on one lot.
[Amended 1-20-1993 by Ord. No. 93-008]
A.
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 utilities' 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 then on file with the State of New Jersey
Board of Public Utility Commissioners, and the developer shall provide
the Township with four copies of a final plan showing the installed
location of the utilities. The developer shall submit to the Board,
prior to the granting of final approval, a written instrument from
each serving utility which shall evidence full compliance or intended
full compliance with the provisions of this subsection; provided,
however, that lots which abut existing streets where overhead electric
or telephone distribution supply lines and service connections have
heretofore been installed may be supplied with electric and telephone
service from these overhead lines, but any new service connections
from the utilities' overhead lines shall be installed underground.
In cases where extensions of service to existing buildings or new
buildings in established subdivisions, industrial parks or shopping
centers are needed, the present method of service may be continued,
subject to approval by the administrative officer, upon determination
by the administrative officer that the proposal is of similar character
to the neighborhood. In the case of existing overhead utilities, however,
should a road widening or an extension of service or other such condition
occur as a result of the development and necessitate the replacement
or relocation of such utilities, such replacement or relocation shall
be underground, unless, upon application, this condition is waived
by the administrative officer.
B.
In large-scale developments, easements along rear property lines
or elsewhere for utility installation may be required. Such easements
shall be located on consultation with the companies or Township departments
concerned and, to the fullest extent possible, shall be centered on
or adjacent to rear or side lot lines. Easement dedications shall
be expressed in the plan in accordance with the provisions of this
chapter.
[Amended 1-20-1993 by Ord. No. 93-008; 4-7-2020 by Ord. No. 20-015]
A.
Utilities. The design and location of storm drain, sanitary sewer
lines and waterlines shall be based on Township standards and those
of the public utility having primary jurisdiction. The location of
all utilities shall be coordinated with the Township Engineer.
B.
If a public treatment and collection system is accessible or planned,
the developer shall construct facilities in such a manner as to make
adequate sewage treatment available to each lot and structure within
the development from said treatment and collection system. New or
expanded structures within the Township's sewer service area must
hook up to the public sewer system if the sewer is within 200 feet
of the property line or a distance as deemed reasonable by the Township
administrative officer. For existing structures with septic problems,
where the property line is within 200 feet of a public sewer and the
septic system cannot be remedied without expanding or otherwise altering
the system, that structure must connect to the public sewer system.
C.
Any treatment plant and collection system, including individual on-lot
septic systems, shall be designed in accordance with the requirements
of the State Department of Environmental Protection or Township ordinances
enforced by the Township Division of Health and Division of Construction
Inspections, whichever is more restrictive.
D.
All lots requiring on-site disposal systems must meet the following
requirements:
(1)
Approved (by the Hamilton Township Division of Health) soil
profiles and permeability test pursuant to N.J.A.C. 7:9A, Standards
for Individual Subsurface Sewage Disposal Systems, for each lot proposed
must be submitted as part of every preliminary major subdivision,
minor subdivision, site plan or development of a single lot. Approval
from the Township Division of Health will consist of a permit to construct
a sewage disposal system. This permit to construct a sewage disposal
system will be valid for three years unless extended by the administrative
officer or limited by subdivision or site plan approval.
(2)
Each application must be accompanied by a specific sewage disposal
system design for each lot. The design shall include the location
of the system on the lot. As a minimum, the design must meet all criteria
of N.J.A.C. 7:9A et seq., Standards for Individual Subsurface Sewage
Disposal Systems. The Township reserves the right to have the design
and location of each system reviewed by a qualified, independent consultant.
Said review shall be performed by a consultant selected by the Township
and shall be funded by the applicant.
(3)
The design and location of a reserve sewage disposal area must
be provided for any lot and for any application for development at
the preliminary approval stage. The reserve system is to provide a
long-term backup in the event of original system failure. Soil profiles
and permeability testing pursuant to the N.J.A.C. 7:9A, Standards
for Individual Subsurface Sewage Disposal Systems, approved by the
Township Division of Health must also be submitted as part of the
sewage disposal system application. The applicant must provide the
necessary grading for the installation of the reserve sewage disposal
area.
(4)
Mounded on-site sewage disposal systems shall not be used unless
the proposed grading plan has been approved by the Township Engineer.
Grading must be such that the septic system is not an isolated raised
area and cannot be out of character with adjacent properties.
(5)
Where 50 or more realty improvements are involved, two separate
state certifications are required pursuant to N.J.A.C. 7:9A-3.18.
[Amended 1-20-1993 by Ord. No. 93-008; 10-20-2004 by Ord. No.
04-041; 11-9-2010 by Ord. No. 10-029]
A.
General provisions. No sign may be placed on or attached to a building
or erected independently for any purpose other than to advertise a
permitted business occupant, service, address, use or product offered,
sold or conducted on the same premises or off-site premises designated
by this chapter. Outdoor advertising signs may be erected in designated
areas. No signs shall be erected, altered or replaced which are not
in accordance with the standards established in this chapter. Unless
otherwise specified in this chapter, the erection of any sign shall
require a construction permit. No sign shall be attached to trees,
fence posts, stumps, utility poles or other signs but shall be freestanding
or attached to buildings in an approved manner. Coming events, community
bulletin boards and time-and-temperature signs shall be permitted.
(1)
Animated, flashing and illusionary signs. Signs using mechanical
or electrical devices to revolve, flash or display movement or the
illusion of movement are prohibited, except for time-and-temperature
signs.
(2)
Height. No freestanding or attached sign shall be higher at
any point than the roofline of the building or 25 feet, whichever
is lower, except that no sign shall exceed any lesser height if particularly
specified.
(3)
Freestanding signs. Freestanding signs shall be supported by
one or more columns or uprights which are firmly embedded in the ground.
Exposed guy wires, chains or other connections shall not be made a
permanent support of the freestanding sign. The height of the sign
shall be measured from the ground to the top of the sign.
(4)
Illuminated signs. Illuminated signs shall be arranged as to
reflect the light and glare away from adjoining premises and away
from adjoining highways. No sign with red, green, orange, white or
blue illumination in a beam, beacon or flashing form resembling an
emergency light shall be erected in any location.
(5)
Information and direction signs. Street number designations,
postal boxes, on-site direction and parking signs and warning signs
are permitted in all zones but are not to be considered in calculating
sign area. No such sign shall exceed two square feet in area nor shall
a construction permit be required.
(6)
Maintenance. Signs must be constructed of durable materials,
maintained in good condition and not allowed to become dilapidated.
Whenever a sign shall become dilapidated or structurally unsafe, the
Construction Official shall order the owner to repair said sign or
remove it. Such order shall be made in writing, and the owner shall
comply with the order within 10 days.
(7)
Political signs. Political signs temporarily giving notice of
political campaigns shall not exceed 32 square feet in area. Signs
shall be permitted within 60 days prior to any municipal, county,
state or national election and shall be removed within 15 days after
the election. All such signs do not need a construction permit.
(8)
Portable signs. No sign shall be exhibited which is portable, i.e., fixed on a movable stand; self-supporting without being firmly embedded in the ground; supported by another object; mounted on wheels or movable vehicles; or made easily movable in some other manner except as provided in Subsection D of this section.
(9)
Real estate signs. Real estate signs temporarily advertising
the sale, rental or lease of the premises or portion thereof shall
be, if not attached to the building, set back from all street and
property lines a distance equivalent to 1 1/2 linear feet for
each one square foot of sign area, provided that the required setback
shall in no case be less than 10 feet. Signs shall not exceed four
square feet in area on individual residential lots and 32 square feet
in area within nonresidential districts and within major residential
subdivisions of four or more lots where said signs are used to advertise
development. All such signs shall be removed at the expense of the
advertiser within 15 days after the termination or completion of the
matter of business being advertised or, in the case of major residential
subdivisions, when 95% of the lots have been initially sold.
(10)
Sign area. The area of a sign shall be measured around the outside
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, unless such framework and bracing
form an integral portion of the display. Signs within the interior
of a structure designed to be seen and read from the exterior shall
be considered as part of any maximum sign area.
(11)
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.
(12)
Temporary signs. Interior window signs shall not require a construction
permit; provided, however, that such interior signs shall not exceed
30% of the total window area.
(13)
Wall fascia or attached signs. Wall fascia or attached signs
shall be firmly attached to the exterior wall of a building and shall
not project more than 15 inches from the building.
(14)
Projecting signs. Projecting signs shall not be permitted.
(15)
Proximity to historic place. No sign shall be permitted within
100 feet of the property line of any historic site or monument.
(16)
Ground signs. Ground signs are designed with a minimum or no
height support standards. A ground sign is at eye level and is accented
by landscaping at its base.
(17)
Outdoor advertising signs. Outdoor advertising signs are freestanding
signs of all types, located in designated areas, erected for the purpose
of off-site commercial advertising.
B.
Street signs. Street signs shall be metal on metal posts of the type,
design and standard previously installed elsewhere in the Township.
The location of the street signs shall be determined by the Board,
but there shall be at least two street signs furnished at each intersection.
All signs shall be installed free of visual obstruction.
C.
General location and construction standards; prohibited signs.
(1)
Signs, whether permanent or temporary, other than municipal,
county or state signs or official traffic control devices, shall not
be erected within or overhang the right-of-way of any street or approved
site easements, nor shall any sign be located so as to constitute
a traffic hazard.
(2)
A permit shall be required for the erection, alteration or reconstruction
of any sign, except as noted below. The advertiser shall be responsible
for securing the permit.
(3)
Advertising signs shall not be permitted in any residential
district in the municipality.
(4)
No sign shall be erected in the Township that:
(a)
Obstructs the sight triangle distance at an intersection along
a public right-of-way.
(b)
Tends by its location, color, shape, message or nature to be
confused with or obstruct the view of traffic signs or traffic signals
by motorists or pedestrians; no red, green or yellow illuminated signs
shall be permitted within 300 feet of any traffic signal.
(c)
Uses admonitions such as "stop," "go," "slow," "danger," etc.,
which might be confused with traffic signals.
(5)
No sign shall be erected or constructed that will violate any
of the Township regulations as to health, required light, safety or
air as defined in the Building Code of the Township.
(6)
Any sign within 100 feet of any residential zoning district
which is illuminated shall be shielded in such a manner as to prevent
direct rays of light from being cast into any residential premises.
(7)
Illumination devices, such as but not limited to floodlights
or spotlights, shall be so placed and so shielded as to prevent the
rays of illumination thereof from being cast into neighboring dwellings
and approaching vehicles.
(8)
No portion of any sign shall be located within or suspended
over a pedestrian or bicycle passageway unless 10 feet above grade
level, nor may it project over a right-of-way.
(9)
Signs shall not be located closer than the following distance
to a street right-of-way:
Area of Sign
(square feet)
|
Minimum Distance
(feet)
|
---|---|
Less than 25
|
20
|
25 to 75
|
25
|
76 or more
|
30
|
(10)
The area surrounding the signs shall be kept clean, neat and
landscaped. The tenant, owner or occupant to which the sign applies
shall be responsible for maintaining the condition of the area. Common
or directory signs shall be maintained by the property owner or his
designee.
(11)
Directional signs having areas less than two square feet are
exempt from location and area regulations, provided that they do not
constitute a hazard to the traveling public, but shall be shown on
an approved site plan.
(12)
Any location where business goods are no longer sold or produced
or where services are no longer provided shall have 90 days to remove
any sign remaining or derelict on the premises. Where due written
notification has been given by the municipality and compliance has
not been made within the required ninety-day period, the municipality
may cause removal of such sign with the cost of such removal attached
to the property.
(13)
The applicant shall also comply with all applicable county,
state and federal sign regulations.
(14)
No sign shall be erected on top of a roof.
(15)
When signs are located along the district boundary line of any
residential district, they shall be set back not less than 10 feet
from such residential district boundary line.
(16)
In the case of two or more business uses occupying the same
structures, the front wall area to be used in determining permitted
sign area shall only include that portion of the front wall area occupied
by the use in question.
(17)
Where a business structure is located at the intersection of
two public streets, an additional sign may be erected or inscribed
upon the side wall on the street side, provided that the combined
areas of the two signs do not exceed the sign area permitted in that
zone for one facade.
(18)
Where the side or rear of a business structure adjoins a public
parking area or a private parking area intended for the use of the
structure in question, signs may be placed or inscribed on said wall
to identify the business use or uses in the structure and access thereto.
Such signs shall not exceed 10 square feet or 2%, whichever is the
lesser, of the wall surface on which they are inscribed for each separate
business use in the structure.
(20)
Signs with any lighting or control mechanism which may cause
radio or television interferences are prohibited.
(21)
Any sign so erected, constructed or maintained as to obstruct
or be attached to any fire escape, window, door or opening used as
a means of egress or ingress or for firefighting purposes or placed
so as to interfere with any opening required for legal ventilation
is prohibited.
(22)
Any advertisement which uses a series of two or more signs or
units placed in a line parallel to the highway or in similar fashion,
all carrying a single advertising message, part of which is contained
on each sign, is prohibited.
D.
Signs which do not require a permit. The following signs may be erected,
constructed, placed and maintained without a permit from the Building
Inspector:
(2)
Any incidental sign advertising the sale of farm products grown
or produced on the premises in any zoning district wherein an agricultural
use is permitted, provided that such sign shall not exceed 12 square
feet in area and shall be at least 100 feet from the nearest intersection
of a street, road or highway and at least five feet from the nearest
property line. Such sign shall not be illuminated.
(3)
Temporary construction site signs which do not exceed 12 square feet in area for residential districts and 100 square feet in area for nonresidential districts. Such signs may be erected on the site during the period of construction, subject to the setbacks established in Subsection C of this section. The signs are permitted to announce the name of the owner, lessee, developer, contractor, architect or engineer, financing institution and similar data. Such signs shall not be illuminated.
(4)
Temporary sign of mechanics, painters and other artisans, provided
that such sign shall be erected only on the property where such work
is being performed, shall not exceed 12 square feet, and shall be
removed promptly upon completion of the work.
(5)
Signs incident to the legal process of law and necessary to
the public welfare.
(6)
Customary warning, trespassing and posted signs or a sign indicating
the private nature of a driveway or property, provided that the size
of the sign does not exceed three square feet.[1]
[1]
Editor's Note: Former Sec. 160-124(d)(7), regarding development
application signs, which immediately followed this subsection, was
repealed 9-17-2013 by Ord. No. 13-031
E.
Signs permitted in residential zone districts and the Conservation
Zone District. None other than the following signs shall be permitted
in these districts:
(1)
Nameplates and identifications signs for single-family dwellings.
(a)
A sign indicating the name or address of the occupant may be
permitted, provided that the sign shall be no larger than two square
feet. Identification of a permitted professional or home occupation
may be included on the sign. Only one sign per dwelling unit is permitted
in addition to a mailbox identification sign.
(b)
One additional sign, not exceeding 12 square feet, may be posted
at the entrance of an active farm.
(2)
Signs of schools, colleges, churches, libraries, museums, art
galleries, public utility installations, parks and other institutions
of a similar public or semipublic nature.
(a)
The size of any freestanding sign shall not exceed 30 square
feet and not more than one such sign shall be placed on a property
unless such property fronts upon more than one street, in which instance
a sign may be erected on each frontage. The height shall not exceed
10 feet. The minimum sign setback shall be 20 feet from the property
line.
[Amended 7-15-2014 by Ord. No. 14-045]
(b)
Signs affixed to the facade of the structure shall be permitted,
provided that the signs shall not exceed an area of one square foot
for each one foot in width of the front of the building or portion
thereof devoted to such use or activity.
(c)
Electronic message centers (EMCs) shall be permitted as per
this section of the chapter. All EMC signs shall remain fixed for
a period of at least 30 seconds minimum, and a message change shall
be accomplished completely within one second or less. Multiple message
signs shall not display any image that moves, or appears to move.
The use of an EMC sign for the display of videos, films, motion video
clips, and streaming video images are strictly prohibited. Multiple
message signs shall not contain, include or be illuminated by any
flashing, intermittent or moving graphics or text. Maximum sign area,
height and setback are as stipulated within this section.
[Added 7-15-2014 by Ord.
No. 14-045]
(d)
Electronic Message Center (EMC) signs. EMC signs shall be arranged
as to reflect the light and glare away from adjoining premises and
away from adjoining highways. No sign with red, green, orange, white
or blue illumination in a beam, beacon or flashing form resembling
an emergency light or traffic control device shall be erected in any
location.
[Added 7-15-2014 by Ord.
No. 14-045]
1.
EMC illumination standards.
a.
Illumination measurement criteria. The illuminance of an EMC
shall be measured with an illuminance meter set to measure footcandles
accurate to at least two decimals. Illuminance shall be measured with
the EMC sign off, and again with the EMC displaying a white image
for a full-color-capable EMC or solid message for a single-color EMC.
All measurements shall be taken perpendicular to the face of the EMC
at the distance determined by the total square footage of the EMC
as set forth in the accompanying Sign Area Versus Measurement Distance
Table.
Area of Sign
(square feet)
|
Measurement Distance
(feet)
|
---|---|
10
|
32
|
15
|
39
|
20
|
45
|
25
|
50
|
30
|
55
|
35
|
59
|
40
|
63
|
45
|
67
|
50
|
71
|
55
|
74
|
60
|
77
|
65
|
81
|
70
|
84
|
75
|
87
|
80
|
89
|
85
|
92
|
90
|
95
|
95
|
97
|
100
|
100
|
110
|
105
|
120
|
110
|
130
|
114
|
140
|
118
|
150
|
122
|
160
|
126
|
170
|
130
|
180
|
134
|
190
|
138
|
200
|
141
|
b.
Illumination limits. The difference between the off and solid-message
measurements using the EMC measurement criteria shall not exceed 0.3
footcandle at night.
c.
Dimming capabilities. All EMC signs shall have automatic dimming
controls, either by photocell (hardwire) or via software settings
that determine the ambient illumination and programmed to automatically
dim according to ambient light conditions or that can be adjusted
to comply with the 0.3 footcandle measurement.
(3)
Signs of golf courses. One freestanding sign not to exceed 30
square feet in area or 10 feet in height.
(5)
Temporary signs announcing or advertising any educational, charitable,
civic, professional, religious or like campaign or event for a consecutive
period not to exceed 21 days in any calendar year.
(6)
Official signs erected by the Township, county, state or federal
government.
(7)
Signs for hospitals, medical institutions, philanthropic or
eleemosynary uses and nursing homes.
(a)
The size of any freestanding sign shall not exceed 30 square
feet in area and not more than one such sign shall be placed on the
property, unless such property fronts on more than one street, in
which instance a sign may be erected on each frontage. The height
shall not exceed 10 feet.
(b)
Signs affixed to the facade of the structure shall be permitted,
provided that the signs shall not exceed an area of one square foot
for each one foot in width of the front of the building or portion
thereof devoted to such use or activity.
(8)
Signs identifying a permitted quasi-public club, lodge, social
building or recreation area, provided that each is a nonflashing sign,
not exceeding 12 square feet in area on any one side and bearing only
the name of the quasi-public club, lodge, social building or recreation
area.
(9)
For all other permitted or conditional uses in these zones,
signs affixed to the facade of the structure shall be permitted, provided
that the signs shall not exceed an area of one square foot for each
one foot in width of the front of the building or portion thereof
devoted to such use or activity.
(10)
Signs identifying a permitted professional office or home occupation.
Such signs shall bear only the name of the person residing on the
premises and the professional or home occupation being conducted on
the premises, shall not be illuminated and shall be situated within
the property lines of the premises it identifies. Signs for home occupations
shall not exceed 150 square inches in area; signs for professional
offices shall not exceed two square feet in area. Freestanding signs
may be used, provided that they do not exceed a height of six feet
and shall not be located within 10 feet of a public street parking
area or driveway, and shall in no way interfere with the safe functioning
of any traffic control signal or directional device nor be located
within an intersection sight triangle easement.
(11)
A ground sign shall be permitted for the purpose of identifying
a single-family residential dwelling project and a planned neighborhood
or planned community. The sign itself shall not exceed an area of
30 square feet. Such a sign may be mounted on a decorative wall with
appropriate landscaping. Such a wall shall not exceed a height of
six feet and an overall length of 30 feet. Such a sign shall not be
located within 10 feet of a public street, parking area or driveway
and shall in no way interfere with the safe functioning of any traffic
control signal or directional device nor be located within an intersection
sight triangle easement.
(12)
In an A/T Apartment Townhouse Zone District, a ground sign shall
be permitted for the purpose of identifying a multifamily dwelling
project. It shall not exceed 30 square feet in area and not more than
one such sign shall be placed on a property unless such property fronts
upon more than one street, in which instance a sign may be erected
on each frontage. The sign shall not exceed the height of six feet
and shall not be located within 10 feet of a public street, parking
area or driveway and shall in no way interfere with the safe functioning
of any traffic control signal or directional device nor be located
within an intersection sight triangle easement.
F.
Signs permitted in nonresidential zone districts.
(1)
Neighborhood Commercial District. None other than the following
signs shall be permitted in this zone district:
(a)
Those signs permitted in the Conservation District and all residential
districts, when associated with the specified uses in those districts.
(b)
One sign placed or inscribed upon the front facade of a building
for each permitted use or activity. Said signs shall not exceed an
area of one square foot for each one foot in width of the front of
the building or portion thereof devoted to such use or activity and
shall not project more than 15 inches in front of the building facade.
Such signs may be illuminated but shall not be of the flashing type.
(c)
Two business signs painted on the windows and/or doors of each
business, bearing the name, street number and/or type of business
of the principal occupants, provided that there shall be not more
than one such sign on each window or door frame, and the total area
of all such signs shall not exceed six square feet.
(d)
Business signs painted on the valance of an awning bearing only
the name of the principal occupant and/or the street number of each
business, but not exceeding a total of eight square feet in area.
(e)
Special signs serving the public convenience, such as "notary
public," "public telephones," "public restrooms" or words or directions
of similar import, provided that each such sign does not exceed one
square foot in area and only one sign of each type is displayed.
(f)
Signs required by law to be exhibited by the occupant of the
premises.
(2)
Community Commercial District. None other than the following
signs shall be permitted in this zone district:
(a)
Those signs permitted in the Conservation District and all residential
districts, when associated with the specified uses in those districts.
(b)
Those signs permitted in the Neighborhood Commercial District.
(c)
Gasoline filling stations and public garages.
1.
Gasoline filling stations and public garages only may display
one freestanding sign advertising the name of the station or the garage
and/or the principal products sold on the premises, including any
special company or brand name, insignia or emblem, provided that each
such sign shall not exceed 35 square feet in area on each side and
shall be erected within the property line and not less than 10 feet
above the ground. All refuse and paper shall be kept constantly removed
from the ground spaces at least five feet in all directions around
the sign. No sign shall exceed 30 feet in height.
2.
Gasoline filling stations and public garages only may display,
in addition to the above-permitted signs, special signs which are
deemed customary and necessary to their respective businesses, provided
that such signs do not exceed four in number, do not total more than
20 square feet in area and are situated within the property lines
of the premises to which they relate. Such signs shall be anchored
to the ground and shall be used to advertise prices of gasoline only.
3.
In addition, one temporary sign located inside the property
line along each street frontage and specifically advertising special
seasonal servicing of automobiles may be permitted, provided that
the sign does not exceed eight square feet in area. Furthermore, one
facade sign may be permitted, which shall not exceed one square foot
for each one foot in width of the front of the building and shall
not project more than 15 inches in front of the building.
(d)
One ground sign may be permitted, provided that the aggregate
area of all sides of any such signs shall not exceed 60 square feet.
Such signs may be illuminated but shall not be of the flashing type,
shall not exceed the height of six feet, shall not be located within
10 feet of a public street or parking area or driveway or within 20
feet of the boundary of a residential zone and shall in no way interfere
with the safe functioning of any traffic control signal or directional
device nor be located within an intersection sight triangle easement.
(3)
Highway Commercial, General Commercial and Government Service
Center Zone Districts. None other than the following signs shall be
permitted in these zone districts:
(a)
Those signs permitted in the Conservation District and all residential
districts when associated with the specified uses in those zone districts.
(b)
Those signs permitted in the Neighborhood Commercial and Community
Commercial Zone Districts.
(c)
Signs in shopping centers shall comply with the following regulations:
1.
Store signs (facade). One sign shall be placed or inscribed
upon only the front facade of a building for each occupant, provided
that such sign shall not exceed an area equal to 10% of the area of
the facade or portion thereof devoted to said occupant. Such signs
may be illuminated but shall not be of a flashing type and shall not
project more than 15 inches from the facade or extend above the top
or beyond the ends of the facade. The sign as proposed should conform
to a shopping center signing plan which promotes uniformity in the
entire signing scheme.
2.
Store signs (canopy). In the case of a shopping center wherein
walkways are roofed over with a permanently installed rigid canopy
or other structural device, one sign may be hung vertically from the
underside of said canopy for each store or occupant in the center.
Said signs shall not exceed four square feet in area on each of two
sides and shall not be less than 10 feet above the walks. Such signs
may be illuminated but shall not be of the flashing type. (Canopy
signs shall conform in overall character to a canopy signing plan
for the shopping center which will promote uniformity in signing.)
3.
Identification signs. Freestanding signs may be erected to identify
a shopping center or other permitted use and to list individual occupants,
provided that no more than one such freestanding sign shall be erected
for each shopping center, and further provided that the aggregate
area of all sides of any such sign shall not exceed 200 square feet.
Such signs may be illuminated but shall not be of a flashing type,
shall not exceed the height of 30 feet, shall not be located within
50 feet of a public right-of-way or within 300 feet of a boundary
of a residential zone and shall in no way interfere with the safe
functioning of any traffic control signal or any directional device.
This sign shall conform in overall character with the overall signing
plan. The base of the freestanding sign shall be heavily planted with
evergreen plantings of a moderate ultimate height.
(d)
Each permitted business other than in retail shopping centers
may have one main sign located on the principal frontage or facade
of the area occupied by such business. Said sign shall not exceed
an area equal to 10% of the front wall area of the building or portion
thereof devoted to such use or activity and shall not project more
than 15 inches in front of the facade of the building.
(e)
Each permitted business may have one freestanding sign, provided
that each sign shall not exceed 50 square feet on any one side and
not exceed 25 feet in height. Any such signs shall not be located
in the area within 30 feet from the street line of a public street
and shall be erected within the property lines of the premises to
which it relates. The area around such sign shall be attractively
maintained and kept clean of all debris and rubbish.
(f)
Gasoline filling stations and public garages.
1.
Gasoline filling stations and public garages only may display
one freestanding sign advertising the name of the station or the garage
and/or the principal products sold on the premises, including any
special company or brand name, insignia or emblem, provided that each
such sign shall not exceed 35 square feet in area on each side and
shall be erected within the property line and not less than 10 feet
above the ground. All refuse and paper shall be kept constantly removed
from the ground spaces at least five feet in all directions around
the sign. No sign shall exceed 30 feet in height.
(4)
Research, Engineering and Office; Research, Engineering and
Office-4; and Research and Development Districts. None other than
the following signs shall be permitted in these zone districts:
(a)
Two ground signs and two wall signs not to exceed 100 square
feet each, which shall refer to the firm name or product(s) made.
The ground signs shall be set back 50 feet from the property line.
The ground sign shall not exceed six feet in height.
(b)
One ground sign not to exceed 300 square feet to identify the
name of the office research park shall be permitted. It shall be set
back 50 feet from the property line and shall not exceed 10 feet in
height.
(5)
Manufacturing and Industrial Zone Districts. None other than
the following signs shall be permitted in these zone districts:
(a)
Signs for permitted uses shall not exceed, in the aggregate,
15% of the area of the front facade of the building.
(b)
Two ground signs not to exceed 100 square feet each, which shall
refer to the firm name or product(s) made. The ground signs shall
be set back 50 feet from the property line. The ground signs shall
not exceed six feet in height.
(c)
One freestanding sign identifying the industrial park may be
erected, provided that the aggregate area of all sides of any such
signs shall not exceed 200 square feet and a height of 30 feet. Such
signs may be illuminated but shall not be of the flashing type, shall
not be located within 50 feet of a public street or parking area driveway
or within 100 feet of the boundary of a residential zone district
and shall in no way interfere with the safe functioning of any traffic
control signal or directional device.
(6)
Hospital Healthcare (HH) District. None other than the following
signs shall be permitted in this zone district:
[Added 5-6-2014 by Ord.
No. 14-025]
(a)
Facade signs.
1.
One sign per building facade which faces a public street shall
be permitted. One additional sign may be located at the building entrance
to provide a directory of that building's tenant(s).
2.
The total area of facade signs shall not exceed an area equal
to 10% of the building facade to which they are affixed.
3.
Signs shall not be located above the first floor of the building
on which it is placed.
4.
Such signs may be illuminated but shall not be of a flashing
type.
5.
Awning signs shall be considered facade signs for purposes of
regulation of facade signs within the HH District.
(b)
Ground signs.
1.
One ground sign to identify the name of the hospital and its
major components shall be permitted at each public entrance to the
site from a public street.
2.
The area of each ground sign shall not exceed 100 square feet.
3.
The maximum height shall be 10 feet.
4.
Such signs may be illuminated but shall not be of a flashing
type.
5.
The base of the sign shall be heavily planted with evergreen
plantings of a moderate height at maturity.
(c)
Identification signs.
1.
Freestanding signs may be erected on site to identify and to
provide directions to the respective uses/occupants.
2.
Signs shall be located on the site interior and shall not be
intended for viewing from public roads.
3.
The maximum area of such signs shall not exceed 30 square feet
each.
4.
The maximum height shall be six feet.
5.
Signs shall conform in overall character with the overall signage
plan.
6.
The base of the sign shall be heavily planted with evergreen
plantings.
7.
Such signs may be illuminated but shall not be of a flashing
type.
G.
Outdoor advertising signs.
[Amended 7-15-2014 by Ord. No. 14-045; 10-21-2020 by Ord. No. 20-047]
(1)
Notwithstanding
any other provision of this chapter, outdoor advertising signs shall
be considered a permitted use in the following designated areas on
properties bordering I-195 or I-295:
(a)
Along the south side of I-195 in the Highway Commercial Zone within
1,000 feet west of the Route 206 overpass.
(b)
Along the north side of I-195 in the Research Development Zone within
1,500 feet east of the Yardville-Hamilton Square Road overpass.
(c)
Along the north side and south side of I-195 in the Research Development
Zone within 1,500 feet east of the Klockner Road overpass.
(d)
Along the north side of I-195 in the Research Development Zone within
1,500 feet east of the railroad bridge abutment for the railroad underpass
of I-195.
(e)
Along the west side of I-295 in the Highway Commercial Zone within
1,000 feet north of the Independence Avenue overpass.
(f)
Along the east side of I-295 within 1,000 feet north of the Kuser
Road overpass in the Government Services Center Zone and along the
east side of I-295 within 1,000 feet south of the Klockner Road overpass
in the Research, Engineering and Office Zone.
(g)
Along the east side of 1- 295 in the Industrial Zone within 1, 500
feet south of the Sloan Avenue overpass
(h)
Along the east side of I-295 in the Government Services Center Zone
within 1,000 feet south of the Cypress Road overpass.
(i)
Along the north side of I-195 in the Research Development Zone within
3,200 feet east of the U.S. HWY 130 overpass.
(j)
Along the south side of I-195 in the Research and Development Zone
on the following parcel as designated on the Hamilton Township tax
rolls: Block 2606, Lot 98.
[Added 4-20-2021 by Ord. No. 21-023]
(2)
All
new outdoor advertising signs shall comply with the following:
(a)
Outdoor advertising sign faces shall be primarily directed to motorists
on I-195 or I-295.
(b)
Outdoor advertising signs shall be no less than five feet from the
I-195 or I-295 right-of-way and 10 feet from any other bordering property
line.
(c)
No outdoor advertising sign shall exceed 60 feet in height measured
from the top of the sign to the grade at the base of the sign; provided,
however, where topography or vegetation requires additional height
in order for the sign to be adequately seen from I-195 or I-295, a
height waiver of up to 90 feet shall be available.
(d)
Each outdoor advertising sign may have up to two advertising faces,
placed either back to back or in a V-shaped configuration on a sign.
Each face shall be no more than 14 feet high or 48 feet long for a
maximum square footage of 672 square feet per face excluding temporary
cutouts or extensions.
(e)
All outdoor advertising signs shall comply with revised and current
New Jersey Department of Transportation regulations (N.J.A.C. 16:41C-1.1
et seq.) concerning outdoor advertising signs.
(f)
All outdoor advertising signs shall be spaced no less than a 500-foot
radius from any other outdoor advertising sign and 1,000 feet apart
on the same side of the interstate highway, measured along the nearest
edge of the advertising sign face nearest the pavement edge. No outdoor
advertising sign shall be developed within a 500-foot radius of a
conservation of arts and culture zone.
(g)
For each new fixed (non-EMC) outdoor advertising sign constructed
or placed along I-195 or I-295, prior to the issuance of a certificate
of approval the applicant shall remove or cause to be removed two
existing outdoor advertising signs with each sign face having a minimum
of 250 square feet of outdoor advertising sign area. Each removed
sign must have a current outdoor advertising permit from the New Jersey
Department of Transportation. For each new EMC outdoor advertising
sign placed along I-195 or I-295, prior to the issuance of a certificate
of approval the applicant shall remove or cause to be removed three
existing outdoor advertising signs with each sign face having a minimum
of 250 square feet of outdoor advertising sign area. Each removed
sign must have a current outdoor advertising permit from the New Jersey
Department of Transportation. The existing sign structures shall be
removed within 30 days after construction is completed on a new sign
structure. Additionally, the permits from the New Jersey Department
of Transportation for the removed sign shall be cancelled upon removal.
Failure to remove an existing sign within 30 days after construction
of a new sign structure shall be cause to issue penalties, including
withdrawal of the approval of the new sign.
1.
Whenever any applicant or affiliate of the applicant certifies in
its site plan application that it has no inventory of existing outdoor
advertising signs to comply with this subsection, the Planning Board
or other board having jurisdiction shall waive this provision.
2.
Whenever any applicant or affiliate of the applicant certifies in
its site plan application that it has less inventory of existing outdoor
advertising signs than the applicant or affiliate of the applicant
is required to remove pursuant to this subsection, the applicant or
affiliate of the applicant shall be required to remove whatever existing
inventory of outdoor advertising signs it has in its inventory.
3.
"Affiliate of the applicant" is defined herein as any entity which
has any ownership or control interests in common with the applicant.
(h)
The lighting of outdoor advertising signs shall be permitted and
restricted to the hours of operation from sunset to 12:00 midnight.
Each sign face shall be illuminated by no more than three four-hundred-watt
fixtures that shall be placed at the bottom of the sign face and angled
upwards toward the sign face.
(i)
Electronic message centers (EMCs) shall be permitted and shall comply
with New Jersey Department of Transportation regulations (N.J.A.C.
16:41C-8.8, Off-premises multiple message signs).
(j)
Outdoor advertising signs shall not be considered a principal use
or structure on a lot and shall be allowed on lots that already have
principal uses or structures.
(k)
The erection of any outdoor advertising sign shall require a site
plan application to the Planning Board or other board having jurisdiction.
(l)
For the conversion of any existing fixed (non-EMC) outdoor advertising
sign to an EMC outdoor advertising sign along I-195 or I-295, prior
to the issuance of a certificate of approval the applicant shall remove
or cause to be removed one existing outdoor advertising sign with
each sign face having a minimum of 250 square feet of outdoor advertising
sign area. Each removed sign must have a current outdoor advertising
permit from the New Jersey Department of Transportation.
[Amended 1-20-1993 by Ord. No. 93-008; 1-3-1996 by Ord. No.
96-010; 2-5-1997 by Ord. No. 97-005]
A.
Streets.
(1)
All developments shall be served by paved public streets and
conform to the Township Master Plan and Township construction details.
The arrangement of 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 existing streets and should conform with
the topography as far as practicable. All streets or roads which are
so designed or situated as to become parts of the major thoroughfare
system of the Township, as may have been indicated by the Township
Planning Board, shall be coterminous with adjoining links in said
system and shall be at the same or greater widths, and minor streets
shall be so arranged as to discourage fast driving and use by through
traffic.
(2)
When a new development adjoins land susceptible of being subdivided,
suitable provisions shall be made for optimum access of the remaining
and/or adjoining tract to existing or proposed streets.
(3)
Local streets shall be so planned and identified with appropriate
signs so as to discourage through traffic.
(4)
In the event that a development adjoins or includes existing
streets that do not conform to widths as shown on the adopted Master
Plan and/or Official Map or the street width requirements of this
chapter, additional land along either or both sides of said 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 permitting the entrance upon these lands for
the purposes provided for and expressed in the Development Ordinance
of the Township." This statement shall in no way reduce the developer's
responsibility to provide, install, repair or maintain the facilities
in the area dedicated by ordinance and/or as shown on the plan and/or
as provided for by any maintenance or performance guaranties. If the
development is along one side only, the developer shall be required
to construct 75% of the width of the designed cartway. In such cases,
no building permits shall be granted to any lot not contiguous to
an accepted street unless a bond has been posted for the purpose of
ensuring that said street will be constructed and paved to at least
75% of its dedicated cartway. Additionally, that portion of the existing
street or road adjoining or included within a site plan or major subdivision
shall be improved, including excavation, grading, base courses and
surfacing, in accordance with the road improvement standards of this
chapter. All new traffic streets or roads shown on the Township Master
Plan shall have right-of-way widths of not less than 60 feet, and
greater widths may be required when warranted by anticipated traffic
volumes. All other streets shall have right-of-way widths of not less
than 50 feet. When a subdivision fronts on an existing street or road
of insufficient width, the Board may require the subdivider to cede
a sufficient strip along such frontage to enable the necessary widening
of his side of the existing street or road, and whenever practicable,
frontage upon major arterial streets and highways designed for fast
and heavy traffic shall be developed with a minimum of direct access
upon the main traveled way by introduction of marginal service roads
or reversing the frontage and providing a planted buffer strip between
the highway and the rear of lots or other such means. Land fronting
on other main streets and highways shall be developed generally with
the long way of blocks running parallel to the main thoroughfare.
(5)
In all 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:
Roadway and Right-of-Way Width Guidelines
| ||||
---|---|---|---|---|
Classification
|
Minimum Right-of-Way
(feet)
|
Minimum Cartway1
(feet)
|
Typical
(ultimate) Number of Lanes
| |
Limited access
|
300
|
722
|
6
| |
Major arterial
|
100
|
64
|
53
| |
Arterial
|
80
|
504
|
4
| |
Major collector
|
70
|
444
|
4
| |
Secondary collector
|
60
|
405
|
2
| |
Local:
| ||||
Urban
|
56
|
34
|
2
| |
Rural
|
56
|
286, 7
|
2
| |
Commercial
|
— 8
|
— 9
| ||
Service road
|
50
|
28
|
2
| |
Residential
|
52
|
3010
|
2
| |
Boulevard
|
80
|
2211
|
2
|
NOTES:
| |
---|---|
1
|
Curb-to-curb width.
|
2
|
Exclusive of shoulder widths.
|
3
|
Four through lanes plus left-turn lane.
|
4
|
Exclusive of any required median or center (left) turn lanes.
|
5
|
In rural areas, a twenty-four-foot roadway width and eight-foot
paved shoulders may be permitted.
|
6
|
In rural areas, a twenty-four-foot roadway width and two-foot
paved shoulders may be permitted.
|
7
|
With striping where necessary for shoulder delineation.
|
8
|
Within the right-of-way shall be a twenty-eight-foot cartway,
seven feet of lawn area on either side of the cartway, and a six-foot-wide
bituminous walking path on one side of the cartway.
|
9
|
Curb-to-curb width plus any required left-turn lane at intersection.
|
10
|
Curb-to-curb width with on-street parking within a planned retirement
development.
|
11
|
Two twenty-two-foot-wide one-way roadways with on-street parking
separated by a ten-foot-wide landscaped center median within a planned
retirement development.
|
(6)
Street intersections shall be as nearly at right angles as is
possible and in no case shall be less than 75°, and approaches
to all intersections shall follow a straight line 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. Measuring from this common point, two intersections
shall be spaced a sufficient distance to permit a minimum of two lots
between the two street rights-of-way. Any development abutting an
existing street classified as an arterial or collector shall be permitted
only one new street connecting with the same side of the existing
street, except that, where the frontage is sufficient, more than one
street may intersect with the same side of the existing street at
intervals of less than 800 feet. The block corners at the intersection
shall be rounded at the curbline with the street having the highest
radius requirement determining the minimum standards for all curblines,
as outlined in the Township construction details. Street grades shall
not exceed 4% on main traffic streets and 10% on all other streets.
All streets shall have sufficient gradient for proper surface drainage,
and in no case shall the grade be less than 6/10 of 1%. High and low
points where both grades are a minimum 6/10 of 1% shall be constructed
with no vertical curves to avoid flat spots.
(7)
A tangent at least 200 feet long shall be introduced between
reverse curves on arterial and collector 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 so that the minimum sight distance within the right-of-way
shall be 350 feet for a local street, 500 feet for a collector street
and 800 feet for an arterial street. In no case shall the minimum
center-line street radius be less than 150 feet.
(8)
Culs-de-sac of a permanent nature (where provision for the future
extension of the street to the boundary of the adjoining property
is impractical or impossible) or of a temporary nature (where provision
is made for the future extension of the street to the boundary line
of adjoining property) shall be no more than 750 feet in length and
shall provide a turnaround at the end with a radius of 50 feet on
the curbline, plus a utility and planting strip width of 10 feet around
the entire cul-de-sac. The center point for the radius shall be on
the center line of the associated street or, if offset, offset to
a point where the radius becomes tangent to the right curbline of
the associated street. (See Plate 3 attached.[1])
[1]
Editor's Note: Plate 3 is attached to this chapter.
(9)
No street shall have a name which will duplicate or so nearly
duplicate the name of an existing street that confusion results. The
continuation of an existing street shall have the same name. Curvilinear
streets shall change their names only at street intersections. The
Board shall reserve the right to approve or name streets within a
proposed development.
(10)
The pavement width of streets and the quality of surfacing and
base materials shall adhere to the minimum standards set forth by
the Township, county or state engineers when said paving concerns
roads under their jurisdiction and where such standards exist. Streets
under the jurisdiction of the Township shall conform to Township construction
details on file with the Township Engineer's office.
(11)
The approval of any map of land delineating streets by the governing
body of the Township shall in no way be construed as an acceptance
of any street indicated thereon.
(12)
Ordinarily, blocks (the distance between street intersections)
shall not be less than 600 feet nor more than 1,200 feet in length
and not less than 200 feet nor more than 350 feet in width.
(13)
The following is a classification of Township roadways, both
existing and proposed segments:
Roadway Classification
| |
---|---|
Roadway
|
Classification
|
Apollo Drive
|
Local
|
Back Road to Allentown
|
Major collector
|
Back Road to Allentown Road Extension to New Road
|
Major collector
|
Basin Road
|
Secondary collector
|
Central Avenue
|
Major collector
|
Crosswicks-Extonville Road
|
Secondary collector
|
Crosswicks-Extonville Road Extension to South Broad Street (Co.
672)
|
Secondary collector
|
Crosswicks-Hamilton Square Road (between U.S. 130 and Yardville-Allentown
Road)
|
Major collector
|
Crosswicks-Hamilton Square Road (south of Co. 524)
|
Secondary collector
|
Cypress Lane
|
Major collector
|
Cypress Lane connection to Co. 533
|
Major collector
|
Dodge Avenue
|
Local
|
East State Street
|
Arterial
|
Englewood Boulevard Extension to Kuser Road
|
Major collector
|
Estates Boulevard
|
Major collector
|
Estates Boulevard connection from Kuser Road to Klockner Road
|
Major collector
|
Estates Boulevard connection from Whitehall to Whatley Streets
|
Major collector
|
Estates Boulevard connection from Whitehorse-Hamilton Square
Avenue to Yardville-Hamilton Square Road
|
Major collector
|
Extonville Road
|
Secondary collector
|
Rock Road (south of Co. 535)
|
Major collector
|
Rock Road (Quakerbridge to Mercerville-Edinburg Road)
|
Arterial
|
Iron Bridge Road
|
Secondary collector
|
Kenwood Avenue
|
Local
|
Klockner Road (between Nottingham Way and Hamilton Avenue)
|
Arterial
|
Kuser Road (between Kuser Road Extension and U.S. 130)
|
Major collector
|
Main Street/Groveville-Allentown Road
|
Secondary collector
|
Mercer Street (north of Hughes Drive)
|
Major collector
|
Merrick Road
|
Secondary collector
|
Merrick Road Extension to Iron Bridge Road
|
Secondary collector
|
New Jersey Route 33 (north of Co. 533)
|
Major arterial
|
New Jersey Turnpike
|
Interstate/limited access
|
New Road from Crosswicks-Hamilton Square Road to Merrick Road
|
Secondary collector
|
New Road from Kuser Road to U.S. 130
|
Arterial
|
New Road from Merrick Road to Uncle Pete's Road (includes connection
to United States Route 130)
|
Major collector
|
New Road from U.S. 130 to Crosswicks-Hamilton Square Road
|
Major collector
|
Newkirk Avenue
|
Local
|
Old York Road
|
Secondary collector
|
Park Avenue (north of South Broad Street)
|
Major collector
|
Paxson Avenue
|
Major collector
|
Paxson Avenue connection between Flock Road and Mercerville-Edinburg[2]
|
Major collector
|
Paxson Avenue Extension from New Jersey 33 to Whitehorse-Hamilton
Square Road
|
Major collector
|
Pitman Avenue
|
Local
|
Princeton Avenue
|
Secondary collector
|
Quakerbridge Road/Mercerville-Whitehorse Road (Co. 533)
|
Major arterial
|
Route 29 Extension
|
Interstate/limited access
|
Route 130 service road
|
Commercial service road
|
Route I-195
|
Interstate/limited access
|
Route I-295
|
Interstate/limited access
|
Route I-295 Extension
|
Interstate/limited access
|
Sloan Avenue
|
Arterial
|
South Broad Street (Co. 672)
|
Secondary collector
|
South Broad Street (Co. 672) (between Church Street and Old
York Road)
|
Local
|
South Olden Avenue
|
Major collector
|
Sweetbriar Avenue
|
Arterial
|
Tattletown Road
|
Local
|
Thomas J. Rhodes Industrial Drive Extension to Sloan Avenue
|
Major collector
|
U.S. 130
|
Major arterial
|
Washington Township Ring Road
|
Arterial
|
Wert Avenue
|
Local
|
Yardville-Allentown Road (Co. 524) (between U.S. 130 and Township
limit)
|
Major collector
|
Yardville-Hamilton Square Road (north of U.S. 130, south of
Apollo Drive)
|
Arterial
|
[2]
Editor’s Note: A portion of Paxson Avenue, in the area
of Mercer County Park was renamed Richard J. Coffee Boulevard 12-3-2019
by Ord. No. 19-059.
B.
Curbs. Belgian block or concrete curbing shall be installed along
every street and at intersections with existing Township, county or
state roads and shall be laid in a manner approved by the Township
Engineer and shall conform to the Township construction details. A
curb and sidewalk permit must be obtained before any new work or repair
work is done. Permits may be obtained from the Township Engineer's
office.
C.
Sidewalks.
(1)
Sidewalks shall be required on both sides of all streets serving
a collector function as stipulated in the adopted Master Plan and/or
Official Map of the Township and on local residential streets as required
by the Board. Sidewalks in nonresidential developments shall be required,
at the Board's discretion, depending upon the probable volume of pedestrian
traffic, the development's location in relation to other populated
areas and the general type of improvement intended. A curb and sidewalk
permit must be obtained before any new work or repair work is done.
Permits may be obtained from the Township Engineer's office.
(2)
Where required, sidewalks shall be at least four feet wide and
located as approved by the Board. Sidewalks shall be concrete or an
equivalent approved by the Board and shall be constructed in accordance
with current Township construction details and specifications of the
New Jersey Highway Department.
D.
Trees. Street trees shall be planted at the following intervals:
Large shade trees shall be planted an average of 40 feet on center.
Trees shall be a minimum of 2 1/2 inches' caliper at time of
planting.
E.
Bike paths. Where required, bike paths shall be constructed. Bike
paths shall be six feet wide and located as approved by the Township.
Construction shall consist of two inches of bituminous concrete, I-5,
over four inches of stone or four inches of recycled concrete. Subbase
shall be inspected and approved by a Township Public Works Inspector
prior to the placing of stone base.
[Amended 1-20-1993 by Ord. No. 93-008; 1-3-1996 by Ord. No.
96-008]
A.
No private residential swimming pool shall be constructed or installed
on any lot unless the lot contains a residence building. Pools shall
be located in rear yards only. A minimum seven-foot setback from water's
edge to each property line shall be required for in-ground pools.
A minimum four-foot-wide landscape buffer in the form of grass, shrubs
or trees shall be provided between the pool structure and the side
and rear lot lines. Filters and other mechanical equipment associated
with the operation of the pool are not permitted within the seven-foot
setback. Aboveground pools are required to have a minimum ten-foot
setback between all property lines and the water's edge or the closest
portion of the deck constructed to serve the pool, whichever is closest
to the property line. Filters and other mechanical equipment associated
with the operation of the pool are not permitted within the ten-foot
setback. A minimum distance from the nearest portion of the principal
building to the closest portion of the swimming pool structure should
not be less than five feet. A pool may be constructed closer than
five feet to an open deck which is attached to the principal building.
Decks may be built up to the water's edge of the pool.
C.
All swimming pools shall meet the appropriate design standards as
set forth by the National Swimming Pool Institute.
D.
In-ground swimming pools shall require a grading plan showing existing
and proposed grades and the proposed flow of surface drainage. The
plan is to be presented with the application. This plan must also
show the location of the proposed pool and any appurtenances and must
be signed and sealed by a licensed New Jersey professional engineer.
E.
Aboveground pools shall require a plot plan of the site showing the
location of the proposed pool and any appurtenances. This plan is
not required to show grades.
F.
Pools that are less than 24 inches deep or having a surface area
less than 250 square feet, except when such pools are permanently
equipped with a water-recirculating system or involve structural materials,
shall not require a construction permit.
G.
Filters and other mechanical devices associated with the pool shall
be located on the site, designed and buffered in such a way as to
not cause undue negative impacts on adjoining properties.
A.
Where public water is accessible, water mains shall be constructed
in such a manner as to make 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
local and/or state agency having approval authority and shall be subject
to its approval. The system shall also be designed with adequate capacity
and sustained pressure.
B.
Where no potable public water is accessible, potable water shall
be furnished on an individual lot basis. All parts of the well water
system shall be tested, installed, designed, located, and constructed
in accordance with all applicable sections of N.J.A.C. 7:9D, Well
Construction and Maintenance; Sealing of Abandoned Wells. All wells
shall be disinfected and tested pursuant to the applicable requirements
of N.J.A.C. 7:10-12 or 11 and the Private Well Testing Act (PWTA)
required parameters. A copy of the above referenced information/tests
shall be submitted to the Township Health Department. PWTA results
are only good for a period of nine months.
[Amended 7-17-2018 by Ord. No. 18-028]
No open space provided around any principal building for the
purpose of complying with the front, side, rear or other yard provisions
of this chapter shall be considered as providing the yard provisions
for another principal building.
[Amended 1-20-1993 by Ord. No. 93-008]
A.
Any person desiring to subdivide property in any residential district
may elect to apply to the Board for a major subdivision under the
following reduced street improvement requirements. The Board shall
examine each request to determine whether it meets the following criteria:
(1)
Every lot in the development shall have a minimum of 80,000
square feet.
(2)
Each lot shall have a minimum frontage and width of 300 feet
and a minimum depth of 225 feet.
(3)
The design of the development shall blend with the rural atmosphere
of the Township.
(4)
The development will not adversely affect the development of
adjacent or adjoining property.
(5)
The proposed local streets will interconnect with existing streets
to form logical and gradual transitions from traditional street patterns
to rural street patterns. If applicable, sidewalks and/or curbs will
be extended in the rural development and terminate in a logical location
as will be determined on a case-by-case basis.
B.
If it is determined by the Board that the proposed development conforms
with the criteria established for rural residential development, the
following reduction in standards and improvements for the local streets
will be allowed:
(1)
The right-of-way for all local streets which are entirely within
the subdivision shall be 50 feet.
(2)
The pavement width for all such local streets shall be 30 feet
with a stabilized grass shoulder 10 feet in width each side thereof.
(3)
Subject to approval by the Board in each specific case, surface
stormwater drainage may be carried in open ditches outside the right-of-way
of the local streets or in such other suitable drainage structures
within the right-of-way as may be approved by the Township Engineer.
(4)
Curbs will not be required except where excessive grades or
other conditions require their installation.
(5)
Sidewalks will not be required.
(6)
Culs-de-sac may be 1,200 feet in length.
C.
No further subdivision of any lot or lots subdivided under this chapter
shall be permitted within 50 years from the date of final approval
by the Township, and a statement to this effect shall be written on
all plats submitted to the Township for review and approval.
[Amended 1-20-1993 by Ord. No. 93-008; 1-5-2006 by Ord. No.
05-038; 4-7-2020 by Ord. No. 20-015]
A.
Landscaping. A landscaping plan shall accompany all site plan applications
and should identify existing and proposed trees, shrubs, bushes, plant
material, ground cover and natural features, such as boulders, berms,
rock outcroppings, etc. The plan shall show where they are or will
be located and planting details. The following design principles and
standards shall be adhered to:
(1)
Locate landscaping to provide for climate control. For example,
shade trees should be located on the south to shield the hot summer
sun and evergreens on the north to act as windbreaks.
(2)
Use landscaping to accent and complement buildings. For example,
group tall trees in order to break up long, low buildings.
(3)
Landscaping should be provided in public areas and recreation
sites as well as adjacent to buildings.
(4)
Consider mass trees at critical points rather than in a straight
line at predetermined intervals. Tree types should be varied. Consider
varying the type depending upon its intended location. For example,
in narrow areas, use smaller trees or trees which grow more vertically
than horizontally.
(5)
Ground cover should be used extensively to prevent erosion.
(6)
Provide a variety and mixture of landscaping. Factors to be
considered when selecting vegetation are its susceptibility to disease,
colors, seasons, temperatures, shapes, blossoms and foliage, soil
conditions and water availability.
(7)
The impact of any proposed landscaping plan should be considered
at various time intervals. For example, shrubs may grow and eventually
block sight triangle distances.
(8)
It is more preferable, in most instances, to have fewer larger
specimens than more smaller ones.
(9)
Deciduous trees shall have a caliper of at least 2 1/2
inches at planting, and evergreens shall be at least five feet tall.
Shrubs shall be at least two feet tall at planting. All trees shall
be balled and burlapped.
(10)
Street trees shall be planted at intervals an average of 40 feet on center. Trees shall be planted along all public rights-of-way. Species selection of trees shall be subject to the approval of the Department of Community and Economic Development. See § 550-125 for additional standards.
(11)
Entrances to sites deserve special landscaping treatment.
(12)
Existing large trees should be saved by not varying the grade
around the tree by more than six to 12 inches, by constructing free
wells and by erecting protective fences. In general, it is better
to save clumps of trees rather than individual trees unless an individual
tree is one of distinctive, rare, mature or unusual quality.
(13)
In parking lots, at least 5% of the parking lot shall be landscaped.
The landscaping should be located in protected areas along walkways,
center islands and at the ends of bays. In narrow islands, low plants,
such as creeping juniper, English ivy, myrtle or pachysandra, are
appropriate.
(14)
All landscaping in parking areas shall be carefully located
so as not to obstruct vision. A variety of different types of trees
should be grouped to break up the mass of cars.
(15)
At least one tree shall be planted for every 10 parking spaces
provided in off-street parking areas.
(16)
Avoid certain trees because of problems. For example, the female
gingko has messy fruit and willow trees have shallow roots.
(17)
Trees should be selected that can tolerate an urban environment.
These include the London plane, male gingko, and certain oak trees.
For additional tree listings, contact the Hamilton Township Division
of Planning and Zoning.
B.
Buffers. In order to minimize any adverse impact or nuisances on
the site or from adjacent areas, buffers, such as fences, landscaping
berms or mounds, should be installed. The following design principles
should be considered:
(1)
Buffers shall be located along property lines shielding various
uses from each other.
(2)
Where interior roads run parallel to roads exterior to the site,
a buffer shall be erected to prevent confusion, particularly at night.
(3)
Parking areas, garbage collection areas and loading and unloading
areas shall be heavily buffered.
(4)
Consider prevailing wind patterns and use buffers to stop wind
and prevent windborne debris from leaving the site.
C.
Landscape package for new dwellings. A landscape package must be
provided for each single-family detached dwelling in a major subdivision.
The minimum value of the landscape package will be $2,500 in 2005
dollars. The $2,500 represents the cost of living landscape material.
The landscape package shall be bonded for at the time of final subdivision
for each lot in that subdivision. A minimum of one landscape plan
for each housing model offered shall be provided for review with final
subdivision plans. Each plan shall provide a minimum offering of three
large-growing deciduous trees (a minimum of two-inch caliper at time
of planting, one large-growing conifer four feet at planting, and
five shrubs, 24 inches in diameter – three flowering, two evergreen).
The balance of the offering may consist of additional deciduous trees
or conifers, flowering trees and shrubs. Where the applicant has no
immediate plans for construction, the landscape plans shall be provided
to the Planning and Zoning Division prior to the issuance of building
permits. Where a prospective purchaser of a dwelling chooses not to
accept the landscape package, a certificate of occupancy will not
be issued until a contribution of $2,500 is made by the developer
to the Township for street and park beautification. A prospective
purchaser must also sign a statement to the effect that he does not
want the landscape package, and he is aware the developer will be
contributing $2,500 to the Township for street and park beautification.
A.
Performance guaranties. As a condition of final site plan approval,
the developer shall have built or installed all on-tract improvements
or shall have furnished a performance guaranty in favor of the Township
in an amount not to exceed 120% of the cost of installation for improvements
which the Township Engineer may deem necessary or appropriate, including
but not limited to streets, grades, pavement, gutters, curbs, sidewalks,
bikeways, streetlighting, shade trees, surveyor's monuments, water
mains, culverts, storm sewers, sanitary sewers or other means of sewage
disposal, drainage structures, erosion control devices, improvements
of public open space and landscaping.
B.
Maintenance guaranties. Upon satisfactory inspection by the Township
of the on-site improvements, the performance guaranty shall be released,
provided the developer posts a maintenance guaranty. The maintenance
guaranty shall not exceed 15% of the cost, for a period not to exceed
one year, for those improvements which the Township Engineer may deem
necessary or appropriate.
The site plan shall be designed in accordance with applicable
Township regulations designed to protect the environment.
A.
Conservation, erosion and sediment control. The following measures
shall be included where applicable as part of any site plan review
and approval:
(1)
Stripping of vegetation, regrading or other development shall
be done in such a way as to minimize erosion.
(2)
Development shall preserve salient natural features, keep cut-fill
operations to a minimum and ensure conformity with topography so as
to create the least erosion potential and adequately handle the problem
and velocity of surface water runoff.
(3)
Whenever feasible, natural vegetation shall be retained, protected
and supplemented.
(4)
The disturbed area and the duration of exposure shall be kept
to a practical minimum.
(5)
Disturbed soils shall be stabilized as quickly as practicable.
(6)
Temporary vegetation or mulching shall be used to protect exposed
critical areas during development.
(7)
The permanent (final) vegetation and mechanical erosion control
measures shall be installed as soon as practical on the site.
(8)
Provisions shall be made to effectively accommodate the increased
runoff caused by changed soil and surface conditions during and after
development. Where necessary, the rate of surface water runoff should
be mechanically retarded.
(9)
Until the disturbed area is stabilized, sediment in the runoff
water shall be trapped by the use of debris basins, sediment basins,
silt traps or other acceptable methods.
(10)
Whenever sedimentation is caused by stripping vegetation, regrading
or other development, it shall be the responsibility of the developer
causing such sedimentation to remove it from all adjoining surfaces,
drainage systems and watercourses and to repair any damage at his
expense as quickly as possible.
(11)
Maintenance of all drainage facilities and watercourses within
any project shall remain the responsibility of the developer unless
the improvements are accepted by the Township of Hamilton or some
other governmental agency.
(12)
It is the responsibility of any person doing any act on or across
a communal stream, watercourse or swale or upon the floodway or right-of-way
thereof to maintain as nearly as possible in its present state the
stream, watercourse, swale, floodway or right-of-way during the duration
of such activity and to return it to its original or equal condition
after such activity is completed.
(13)
Maintenance of drainage facilities or watercourses originating
and completely on private property is the responsibility of the owner
to the point of open discharge at the property line or at a commercial
watercourse within the property.
(14)
No person shall block, divert, disturb, impede the flow of,
alter or construct any structure or deposit any material or thing
or commit any act which will affect normal or flood flow in any communal
stream or watercourse without having obtained prior approval from
the Planning Board and the New Jersey Department of Environmental
Protection, Division of Water Resources.
(15)
Each person who makes any surface changes shall be required
to:
B.
Site conditions.
(1)
Site maintenance during construction. During construction, the
site shall be maintained and left each day in a safe and sanitary
manner, and any condition which could lead to personal injury or property
damage shall be immediately corrected by the subdivider upon an order
by the Township or its authorized agent. The developer shall make
provision for the disposal of oil and grease from equipment. The site
area shall be regularly sprayed to eliminate airborne dust and dirt
from construction activity.
(2)
Disposal of dead trees, litter and building materials. Developed
areas shall be cleared of all stumps, litter, rubbish, brush, weeds,
dead and dying trees, roots, debris and excess scrap building materials,
which shall be removed or destroyed immediately upon the request of
and to the satisfaction of the Building Inspector prior to issuing
an occupancy permit.
(3)
Changes in elevation. No change shall be made in the elevation
or contour of any lot or site by the removal of earth to another lot
or site other than is shown on an approved site plan. Minimal changes
in elevations or contours necessitated by field conditions may be
made only after approval by the Township Engineer. All said changes
necessitated by field conditions shall be shown on the final plat
and indicated as a change from the preliminary plat or, if final approval
has been granted, said changes shall be shown on the as-built plans.
(4)
Temporary improvements. Prior to or during construction, the
Township Engineer may require the installation or construction of
improvements to prevent or correct temporary conditions on the site
which could cause personal injury or damage to property or constitute
a health hazard. These conditions may result from landslide, flooding,
heavy construction, traffic, creation of steep grades and pollution.
Improvements may include berms, mulching, sediment traps, detention
guardrails, temporary roads and other improvements appropriate to
the specific condition. All temporary improvements shall remain in
place and in operation until otherwise directed by the Township Engineer.
The Township may reserve for future public use rights-of-way,
public drainageways, flood control basins, lands for schools, firehouses,
recreation areas and other public uses as provided for and in keeping
with the appropriate revisions of the Master Plan.
[Amended 1-20-1993 by Ord. No. 93-008; 12-22-1993 by Ord. No.
93-068]
This section shall apply to any land development application
for the construction of 10 or more units of single-family housing,
five or more units of multifamily housing, and any commercial or industrial
land development application for the utilization of 1,000 square feet
or more of land.
B.
Single-family homes/units.
(1)
Each single-family home/unit shall provide at least 18 cubic
feet of storage space designed to accommodate at least two weeks'
accumulation of mandated recyclable material. Actual location of the
storage area may vary, but the kitchen is the recommended location.
Examples of suitable locations in the kitchen include under the sink
or in the pantry, closet or cabinet. The garage, basement, laundry
room/area or broom closet are other acceptable areas. The storage
area shall be designed to comply with applicable fire codes.
(2)
Appropriate colored containers, in coordination with the Mercer
County Solid Waste and Recycling Collection System, should be provided
to each household upon completion of construction. The containers
should be marked for recyclables only.
C.
Multifamily housing developments, condominiums, townhouses, apartment
buildings
(1)
Each multifamily unit shall provide at least 12 cubic feet of
storage space designed to accommodate at least two weeks' accumulation
of mandated recyclable material. Actual location of the storage area
may vary, but the kitchen is the recommended location. Examples of
suitable locations in the kitchen include under the sink or in the
pantry, closet or cabinet. The laundry room/area or broom closet are
other acceptable areas. The storage area shall be designed to comply
with applicable fire codes.
(2)
Appropriate colored containers, in coordination with the Mercer
County Solid Waste and Recycling Collection System, should be provided
to each household upon completion of construction. The containers
should be marked for recyclables only.
(3)
Outdoor recyclables storage area.
(a)
An outdoor recyclables storage area, at least 18 feet by 18
feet, shall be provided for each 75 living units, or fraction thereof.
In the case of a development with less than 75 units, at least one
eighteen-foot by eighteen-foot area shall be provided. The outdoor
storage area shall be conveniently located, preferably near but clearly
separated from a refuse container or dumpster.
(b)
The outside recyclables storage area shall be well lit and shall
be easily accessible by recycling personnel and vehicles. The storage
area shall be designed to comply with applicable fire codes.
(c)
Containers or bins provided for paper or cardboard shall contain
a lid to keep the paper or cardboard dry.
(d)
Signs clearly identifying the outside recyclables storage recycling
area and the materials accepted therein shall be posted adjacent to
all points of access to the recycling area. Individual containers
or bins shall be equipped with signs indicating the materials to be
placed therein.
(e)
Landscaping, fencing and/or other visual screening shall be
provided around any outdoor recycling storage area.
D.
Nonresidential development. All nonresidential developments required
to provide recycling facilities under the New Jersey Statewide Mandatory
Source Separation and Recycling Act shall submit a recycling plan
that includes the following:
(1)
Business type.
(2)
A list of recyclable materials expected to be generated and
waste expected to be generated.
(3)
Approximately amount (in cubic yards or tons) of each recyclable
material expected to be generated (by month or year).
(4)
Material separation and handling practices, which shall include
the following:
(a)
A list of areas where material is to be generated.
(b)
Method of storing material at point of generation (where applicable).
(c)
Method of moving material from generation area to storage area
(where applicable).
(d)
Location of designated storage area.
(e)
Size of storage area. An explanation of method used to determine
size of storage area shall be provided.
(f)
Size and type of container used to store each material, both
at point of generation and storage prior to vendor pickup. An explanation
shall be provided concerning how determination was made for the sizing
of storage containers.
(g)
Method of material removal, including frequency of pickup and
type of vehicle expected to be used for pickup.
(h)
Safeguards to minimize confusion between recycling areas, and
collection procedures.
(5)
A separate recycling plan to be followed during all construction
activities. This shall include:
(a)
A list of designated materials;
(b)
A list of vendors capable of removing, storing and/or recycling
the material;
(c)
A schedule for removal, i.e., weekly, monthly, etc.;
(d)
A location of containers on construction site;
(e)
Procedures and training to be used to educate all workmen, contractors
and subcontractors.
(6)
Site and space requirements for designated materials are listed
below.
(a)
Office paper. The average office worker generates 20 pounds
of office paper per month. The size of the storage area and the number
of containers required will be dependent on the number of workers
in the building(s) and the frequency with which the vendor picks up
the materials. Adequate storage shall be provided both at the point
of generation and of pickup by vendor. The loading dock, service area
or other suitable areas should be designed to house storage containers
such as gaylords or hampers. These containers are approximately four
feet by four feet by four feet and hold approximately 500 pounds of
paper. The chosen storage area shall be accessible to vendor's vehicles
and meet fire codes.
(b)
Corrugated cardboard. The amount of space required for storage
and the size of the container used to store the material will depend
on the amount of material generated by the establishment and whether
the material is baled, tied in bundles or compacted. Adequate space
shall be provided at an area accessible to vendor's vehicles and shall
meet fire codes.
(c)
Glass. There is approximately 600 pounds of uncrushed glass
per cubic yard. The size of the storage area and container(s) will
depend upon generation rates, whether the glass is to be sorted by
color and whether the glass will be crushed. Adequate storage space
shall be provided, both at area of generation and pickup by vendor.
The area for vendor pickup of material shall be accessible to vendor's
vehicles. Small dumpsters or drums are popular containers for storage
of glass.
(d)
Aluminum cans. Each cubic yard of uncrushed aluminum cans weighs
approximately 74 pounds. The size of the storage area and container
will depend upon generation rate. Adequate storage space shall be
provided, both at the point of generation and pickup by the vendor.
The area for vendor pickup of materials shall be accessible to vendor's
vehicles. Large plastic bags or drums are popular containers for storage
of aluminum cans.
(e)
Newspaper. Each cubic yard of newspaper weighs approximately
600 pounds. The size of the storage area and container will depend
upon generation rate. Adequate storage space shall be provided, both
at the point of generation and pickup by the vendor. The area for
vendor pickup of material shall be accessible to vendor's vehicles.
[Amended 1-20-1993 by Ord. No. 93-008; 11-4-2005 by Ord. No.
05-025]
Lots of at least 40,000 square feet shall be permitted for Development
Option I (Lot Size Averaging), Development Option II (Open Lands Subdivision)
and Development Option III (Conservation Cluster Subdivision) in the
RRC District, provided the following conditions are met:
A.
Approved (by Township Health Department) percolation tests and soil
logs prior to final subdivision approval for each RRC lot proposed
to be created shall be submitted as part of a final subdivision application.
B.
A reserve septic treatment bed area shall be provided on each lot
to provide a long-term backup in the event of original bed failure.
Approved percolation tests and soil logs prior to final subdivision
approval for each RRC lot's reserve area shall be submitted as part
of a final subdivision application.
A.
Purpose. It is the intent of this section to define and prescribe
acceptable, necessary and recognized farming practices and to guarantee
that they may be encouraged, established and preserved within the
RRC and R-15 Zoning Districts. Further, this section is designed to
preserve existing farming operations within REO and RD Zoning Districts.[1]
B.
The right to farm activities protected. In accordance with the purposes
set forth above, the following farming activities shall be deemed
established as acceptable, recognized and entitled to protection and
encouragement; subject in all cases, however, to all applicable federal,
state, county and local regulations:
(1)
The production of agricultural and horticultural crops, landscaping
and natural Christmas trees, livestock, poultry and other related
commodities.
(2)
The processing and packaging of agricultural output produced
on the farm.
(3)
Wholesale and retail marketing, including "U-pick" marketing
and sales, of agricultural output produced on the farm.
(4)
The construction of off-street parking, loading and driveway
areas as they relate to the movement of goods to and from the site
and as they relate to wholesale and retail marketing operations.
(5)
The construction of barns, silos and other structures as they
directly relate to the farm or wholesale and retail operation.
(6)
The replenishing of soil nutrients, including but not limited
to the spreading of manure and applying chemical or organic fertilizer.
(7)
The use of federally approved products in accordance with labeled
instructions as recommended by the New Jersey Agricultural Experiment
Station and the United States Environmental Protection Agency for
the control of pests, predators, varmints, diseases affecting plants
and livestock and for the control of weed infestation.
(8)
The use of irrigation pumps and equipment and the use of aerial
and ground seeding and spraying, using tractors and other necessary
equipment.
(9)
The hiring and utilization of necessary farm labor.
(10)
The construction of fences.
(11)
Transporting large, slow-moving equipment over roads within
the Township.
(12)
Conducting farm activities year-round, including weekends and
holidays, in the early morning, day and evening hours, notwithstanding
the production of normal but unavoidable noise, dust, odors and fumes
caused by such necessary activities when conducted in accordance with
recognized agricultural practices.
C.
Permit procedure.
(1)
Those activities requiring physical improvements to the site
(i.e., customer parking, access to public roadways, buildings, etc.)
shall submit an application for an administrative waiver to the administrative
officer. The administrative officer shall review the application for
issues relating to health, safety and welfare.
(a)
The owner/applicant shall provide the administrative officer
with a survey and/or plans prepared by a professional engineer, land
surveyor, planner or architect licensed in the State of New Jersey
indicating lands affected. In the case of large farms, only the portion
of the lot and any streets and rights-of-way within a three-hundred-foot
radius of the area of disturbance shall be required to be shown on
the survey.
(b)
The plans shall address such issues as traffic circulation,
loading, parking and drainage.
(2)
The administrative officer shall review all plans. For any application
for construction in conjunction with an active farming operation as
outlined above, the administrative officer may waive requirements
for site plan review, provided that the activities reflected in the
application are consistent with commonly accepted lawful agricultural
practices.
(3)
Building permits are required for all structures.
D.
Notice of farm use. For the purpose of giving due notice of nearby
farming uses to proposed new residential areas adjacent to unimproved
land then being commercially farmed or suitable therefor, the Planning
Board shall require an applicant for an adjacent major or minor subdivision,
as a condition of approval of such application, to include as a provision
in each and every contract for and deed conveying all or any portion
of the lands thereby subdivided, as well as on filed final subdivision
maps, the following record notice to and waiver by grantees of such
present or future proximate farming uses, which provision shall be
made to run with the land: "Grantee hereby acknowledges notice that
there are presently or may in the future be farm uses adjacent to
or in close proximity to the above-described premises from which may
emanate noise, odors, dust and fumes associated with lawful agricultural
practices permitted under applicable right to farm laws, regulations
and ordinances, and by acceptance of this conveyance, grantee does
hereby waive objection to such activities."
E.
Rights granted by other programs. With respect to all persons and
properties affected by this section, including cases where a farm
is under a state or municipally approved farmland preservation or
agricultural retention program, this chapter shall not limit the activities
and/or rights currently or in the future provided under the law; however,
in cases where this chapter broadens a farmer's rights or privileges,
all persons and properties affected by this chapter shall be entitled
to the benefits thereof.
Satellite dish antennas, as defined in § 550-7, shall be a permitted accessory use when located in the rear yard, side yard or on the roof of a principal building.
A.
General requirements. Satellite dish antennas proposed to be constructed
and operated within Hamilton shall comply with all the following general
requirements:
(1)
There shall be a maximum of one satellite dish per principal
structure, and it shall be solely for the use of such structure. No
satellite dish shall be placed on a lot without a principal structure.
(2)
Ground-mounted satellite dish antennas shall be not more than
12 feet in diameter and no higher than 13 feet from the base, including
the stand, to the highest point of its outer circumference, with any
extensions.
(3)
Roof-mounted satellite dish antennas shall not exceed 12 feet
in diameter.
(4)
The satellite dish shall contain no lettering, advertising or
identification markings.
(5)
No satellite dish antenna shall be constructed or installed
without a construction permit.
(6)
Satellite dish antennas shall not be permitted within front
yards.
B.
Design and location. Minimum standards for the design and location
of the satellite dish shall be as follows:
(1)
Rear yard.
(2)
Side yard.
(a)
The satellite dish must be at least five feet away from the
principal structure, 10 feet away from any side property line and
50 feet from the front street line. The setback shall be measured
to the closest point of the satellite dish structure.
(b)
All wiring to and from the dish shall be placed underground.
(3)
Rooftop.
(a)
Where practical, the satellite dish shall be placed on the rear
portion of the roof.
(b)
The maximum height of the satellite dish antenna shall not extend
higher than the highest point of the roof to which it is attached
on structures, except where roofs are flat. The administrative officer
shall review applications for flat-roof installations to ensure that
the location of the satellite dish is such that visibility from residential
properties is minimized.
(4)
Pole-mounted satellite dish antennas.
(a)
Pole-mounted dish antennas are permitted to be higher than 13
feet when attached to the rear facade of the principal structure.
(b)
The maximum height of the satellite dish antenna shall not extend
higher than the highest point of the roof of the principal structure,
except where roofs are flat. The administrative officer shall review
applications for flat-roof installations to ensure that the location
of the satellite dish is such that visibility from residential properties
is minimized.
C.
Waivers. Where satellite dish antenna installation in conformance
with the terms of this section precludes reception of signals from
the servicing satellite, the administrative officer shall grant a
waiver of the requirements of this section which shall be no more
than necessary to enable reception of signals from the servicing satellite.
(1)
Application for waiver shall be by written request to the administrative
officer, specifying the location on the premises in question where
the applicant will install the satellite dish antenna.
(2)
The waiver application shall include a certification by an authorized
installer containing the statement that the requirements of this section
have been analyzed and that the satellite dish antenna cannot receive
signals from the servicing satellite if installed in conformance with
this section.
(3)
The administrative officer may undertake the appropriate investigation
in connection with any waiver application.
[Added 1-20-1993 by Ord. No. 93-008]
A.
All child-care center facilities to be used by the children shall
be located on the principal entrance floor and any other level which
is not more than 1/2 story above or below the grade at the location
from which egress is provided to the street.
B.
A minimum of 100 square feet per child of outdoor space shall be
provided and shall be adequately fenced or otherwise protected from
hazards, traffic and driveways.
C.
The minimum site area shall be one acre.
D.
The hours of operation should be limited to 7:00 a.m. to 6:00 p.m.
E.
All loading and unloading of children shall take place on site and
not in the public right-of-way.
F.
Infant-care centers are exempt from the minimum outdoor space provision.
[Added 1-20-1993 by Ord. No. 93-008]
Structures developed for warehousing, as defined in § 550-7, shall be designed according to the following guidelines:
A.
The architectural character of each building and/or structure shall
be of current design and style. No commercial statements, other than
signage permitted by ordinance, shall be allowed as part of the building
facade or elevation.
B.
To maintain interesting and tasteful exteriors and to mitigate against
the negative impacts on adjacent parcels of excessively long, monotonous
facades, the building design shall incorporate one or more of the
following design techniques:
C.
Building facades are to be constructed of durable, permanent materials
and tastefully designed (i.e., carefully selected brick, treated concrete,
glass or other architectural surfaces).
D.
All exterior service, loading, storage and utility areas (including
transformers, dumpster, etc.) will be located at the side or rear
of the building and will be screened or sheltered using architectural
elements, landscaping, or a combination thereof, so as not to be visible
from the street right-of-way or from adjacent parcels. The size and
quantity of planted landscaping shall be such that the buffer is effective.
Architectural walls are equally encouraged as well as landscaping.
[Added 9-3-1997 by Ord. No. 97-028]
A.
Purpose. The purpose of this section is to establish general guidelines
for the placement of wireless communications towers and antennas.
The goals of this section are to: 1) protect residential areas and
land uses from potential adverse impacts of towers and antennas; 2)
encourage the location of towers in nonresidential areas; 3) minimize
the total number of towers throughout the community; 4) require the
joint use of either new and existing tower sites or predesignated
tower properties as sites for new towers, or predesignated existing
buildings or structures as a primary option rather than construction
of additional single-use towers; 5) encourage users of towers and
antennas to locate them, to the extent possible, in areas where the
adverse impact on the community is minimal; 6) encourage users of
towers and antennas to configure them in a way that minimizes the
adverse visual impact of the towers and antennas through careful design,
siting, landscape screening, and innovative camouflaging techniques;
7) enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently; 8) consider the public health, safety and welfare in
relation to the construction of communication towers; and 9) avoid
potential damage to adjacent properties from tower failure through
engineering and careful siting of tower structures. In furtherance
of these goals, Hamilton Township shall give due consideration to
the Hamilton Township's Master Plan, Zoning Map, existing land uses,
Hamilton Township's Inventory Map of Existing Towers and Structures
and environmentally sensitive areas in approving sites for the location
of towers and antennas.
B.
ALTERNATIVE TOWER STRUCTURE
ANTENNA
BACKHAUL NETWORK
FAA
FCC
HEIGHT
PREEXISTING TOWERS and PREEXISTING ANTENNAS
TOWER
Definitions. As used in this section, the following terms shall have
the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices and/or long distance
providers, or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna.
Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this section, including
permitted towers or antennas that have not yet been constructed, so
long as such approval is current and not expired.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communications purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, common-carrier towers, cellular
telephone towers, alternative tower structures and the like. The term
includes the structure and any support thereto.
C.
Applicability.
(1)
Use variance and site plan approval are required from the Hamilton
Township Zoning Board of Adjustment for the construction of any new
tower or antenna or additional towers on preexisting sites or any
site where towers did not exist prior to the adoption of this section.
(2)
Administrative site plan approval may be granted for the replacement
or rebuilding of existing towers or antennas.
(3)
Amateur radio station operators/receive antennas. This section shall not govern any tower or the installation of any antenna that is under 65 feet in height if retractable and 45 feet if not, and which is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas. [See §§ 550-72B(6), 550-73B(2)(j), 550-74B(12), 550-75B(7), 550-76C(5), 550-77C(5), 550-78C(6) and 550-79C(5), 550-81B(8) and 550-87C(8).][1]
D.
General requirements.
(1)
Principal or accessory use. Antennas and towers may be considered
either principal or accessory uses.
(2)
Lot size. For purposes of determining whether the installation
of a tower or antenna complies with district development regulations,
including but not limited to setback requirements, lot coverage requirements,
and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot.
(3)
Inventory of existing sites. Each applicant for an antenna and/or
tower shall provide to the administrative officer an inventory of
its existing towers, antennas, sites approved for towers or antennas,
and plans for future antennas, towers, etc., if available, that are
either within the jurisdiction of Hamilton Township or within one
mile of the border thereof, including specific information about the
location, height and design of each tower. The administrative officer
may share such information with other applicants applying for land
use approvals under this section or other organizations seeking to
locate antennas within the jurisdiction of Hamilton Township; provided,
however, that the administrative officer is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
(4)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the building's related structures
shall, to the extent possible, use materials, colors, textures, screening
and landscaping that will blend them into the natural setting and
surrounding buildings.
(c)
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of neutral color that is identical to or closely compatible with
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
(5)
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
(6)
State or federal requirements. All towers must meet or exceed
current standards and regulations of the FAA, the FCC, and any other
agency of the state or federal government with the authority to regulate
tower and antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this section
shall bring such towers and antennas into compliance with such revised
standards and regulations within six months of the effective date
of such standards and regulations, unless a different compliance schedule
is mandated by the controlling state or federal agency. Failure to
bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
(7)
Building codes; safety standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable state or local
building codes and the applicable standards for towers that are published
by the Electronic Industries Association, as amended from time to
time. If upon inspection Hamilton Township concludes that a tower
fails to comply with such codes and standards and constitutes a danger
to persons or property, then, upon notice being provided to the owner
of the tower, the owner shall have 30 days to bring such tower into
compliance with such standards. Failure to bring such tower into compliance
within said 30 days shall constitute grounds for the removal of the
tower or antenna at the owner's expense.
(8)
Measurement. For purposes of measurement, tower setbacks and
separation distances shall be calculated and applied to facilities
located in Hamilton Township irrespective of municipal and county
jurisdictional boundaries.
(9)
Nonessential services. Towers and antennas shall be regulated
or permitted as nonessential service, public utilities or private
utilities.
(10)
Franchises. Owners or operators of towers or antennas shall
certify that all franchises required by law for the construction and/or
operation of a wireless communication system in Hamilton Township
have been obtained and shall file a copy of all required franchises
with the administrative officer.
(11)
Signs. No signs or otherwise shall be allowed on an antenna
or a tower.
E.
Administratively approved uses.
(1)
General. The following provisions shall govern the issuance
of administrative approvals for towers and antennas:
(a)
The administrative officer may administratively approve the
uses listed in this section.
(b)
Each applicant for administrative approval shall apply to the administrative officer, providing the information set forth in this section and a nonrefundable fee as established by § 550-254E regarding administrative waiver of site plan review.
(c)
The administrative officer shall review the application for
administrative approval and determine if the proposed use complies
with the conditions of this section.
(d)
In connection with any administrative approval, the administrative
officer may, in order to encourage the use of monopoles, administratively
allow the reconstruction of an existing tower to monopole construction.
(2)
Administratively approved uses. The following uses may be approved
by the administrative officer after conducting an administrative review:
(a)
Antennas or towers located on property as designated as appropriate
tower sites owned, leased or otherwise controlled by Hamilton Township,
provided that a license or lease authorizing such antenna or tower
has been approved by Hamilton Township Council.
(b)
Antennas located on predesignated buildings or structures or
towers consistent with the terms of this section.
2.
Antennas on predesignated towers. An antenna which is attached
to an existing tower may be approved by the administrative officer
and, to minimize adverse visual impacts associated with the proliferation
and clustering of towers, co-location of antennas by more than one
carrier on existing towers shall take precedence over the construction
of new towers, provided such co-location is accomplished in a manner
consistent with the following:
a.
A tower which is modified or reconstructed to accommodate the
co-location of an additional antenna shall be of the same tower type
and height as the existing tower, unless the administrative officer
allows reconstruction as a monopole.
b.
On-site location.
c.
A tower which is being rebuilt to accommodate the co-location
of an addition antenna may be required to be moved on site to better
conform with the setback.
d.
After the tower is rebuilt to accommodate co-location, only
one tower may remain on the site.
F.
Administrative waiver application requirements. The following information
is required to be provided by the applicant with the submission of
an application for the construction of towers, antennas or predesignated
buildings, structures or towers:
(1)
Predesignated buildings, structures or towers.
(a)
A scaled site plan prepared by a New Jersey licensed engineer
or land surveyor clearly indicating the location, type and height
of the proposed tower, on-site land uses and zoning, adjacent land
uses and zoning, adjacent roadways, proposed means of access, setbacks
from property lines, elevation drawings of the proposed tower and
any other structures, topography, parking, landscaping, lighting plan,
fencing and other information deemed by the administrative officer
to be necessary to assess compliance with this section, including
but not limited to a bond estimate reflecting the costs of the proposed
on-site improvements.
(b)
A description of compliance with the terms of this section and
all applicable state, federal and local laws.
(c)
A notarized statement by the applicant as to whether construction
of the tower will accommodate co-location of additional antennas for
future users.
(d)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the municipality.
(e)
A description of the suitability of the use of existing towers,
other structures or alternative technology not requiring the use of
towers or structures to provide the services to be provided through
the use of the proposed new tower.
(f)
A description of the feasible location(s) of future towers or
antennas within the Township based upon existing physical, engineering,
technological or geographical limitations in the event the property
tower is erected.
(g)
As a condition of approval, the following shall be required:
1.
A performance guarantee representing the full amount of on-site
improvement.
2.
A Mylar with a signature block for applicant, owner and administrative
officer.
3.
An executed Mylar and 10 copies shall be submitted to the Township
for its records.
4.
All specified on-site improvements must be completed, inspected
and approved by the administrative officer prior to the final approval
of construction by the Construction Official.
5.
A plan of existing and proposed towers with their effective
range.
6.
A notarized statement indicating that at least two other carriers
(a minimum of three total) will be permitted to co-locate on the proposed
or existing structure at a cost that reflects existing average market
rates.
G.
Buildings or other equipment storage.
(1)
Antennas mounted on structure or rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
(a)
The cabinet or structure shall not contain more than three square
feet of gross floor area or be more than eight feet in height. In
addition, for buildings and structures which are less than 65 feet
in height, related unmanned equipment structure of over two square
feet of gross floor area or seven feet in height shall be located
on the ground and shall not be located on the roof of the structure.
(b)
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures
shall not occupy more than 20% of the roof area.
(c)
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
(2)
Antennas mounted on utility poles or light poles. The equipment
cabinet or structure used in association with antennas shall be located
in accordance with the following.
(a)
In residential districts, the equipment cabinet or structure
may be located:
2.
In a side yard to meet standards of the applicable zone, as
deemed appropriate by the administrative officer, provided the cabinet
or structure is no greater than eight feet in height or three square
feet of gross floor area and the cabinet/structure is located a minimum
of 15 feet from all lot lines. The cabinet/structure shall be screened
by an evergreen hedge with an ultimate height of at least 42 to 48
inches and a planted height of at least 36 inches.
3.
In a rear yard to meet standards of the applicable zone, as
deemed appropriate by the administrative officer, provided the cabinet
or structure is no greater than eight feet in height or three square
feet in gross floor area. The cabinet/structure shall be screened
by an evergreen hedge with an ultimate height of eight feet and a
planted height of at least 36 inches.
(b)
In commercial or industrial districts, the equipment cabinet or structure shall be no greater than eight feet in height or three square feet in gross floor area and meet the applicable zone setbacks. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by solid fence 10 feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. See Subsection G(1).
(3)
Antennas located in towers. The related unmanned equipment structure
shall not contain more than three square feet of gross floor area
or be more than eight feet in height and shall be located in accordance
with the minimum yard requirements of the zoning district in which
located.
H.
Removal of abandoned antennas and towers. Any antenna or tower that
is not operated for a continuous period of 12 months shall be considered
abandoned, and the owner of such antenna or tower shall remove same
within 90 days of receipt of notice from Hamilton Township notifying
the owner of such abandonment. Failure to remove an abandoned antenna
or tower within said 90 days shall be grounds to remove the tower
or antenna at the owner's expense. If there are two or more users
of a single tower, then this provision shall not become effective
until all users cease using the tower.
I.
Nonconforming uses.
(1)
Not an expansion of nonconforming use. Towers that are constructed
and antennas that are installed in accordance with the provisions
of this section shall not be deemed to constitute the expansion of
a nonconforming use or structure.
(2)
Preexisting towers. Preexisting towers or antennas shall be
allowed to continue their usage as they presently exist. Routine maintenance
(including replacement with a new tower or antenna of like construction
and height) shall be permitted as long as they comply with the requirements
of this section.
(3)
Rebuilding damaged or destroyed nonconforming towers or antennas.
This is subject to administrative waiver approval.
[Added 1-5-2006 by Ord. No. 05-056]
A.
The provisions contained in this section are designed to protect
public and private property from damage or destruction caused by abnormal
or accelerated ravine and bluff erosion resulting from land development
and construction activities occurring on adjacent or nearby properties
and to protect the fragile ravine and bluff ecosystem from damage
or destruction resulting from land development and construction activities.
B.
No development or improvements shall be permitted on that portion
of a lot having slopes of 15% or higher for a single-family residential
development or slopes of 15% or higher for any other type of land
development permitted pursuant to this chapter. Slope calculations
shall be based on contour intervals of 10 feet in accordance with
standard engineering procedures. The applicant shall be permitted
to calculate the floor area ratio (FAR) on the gross area of the lot
to include that portion of the lot containing steep slopes as defined
herein.
[Added 12-21-2011 by Ord. No. 11-043]
A.
Purpose. The purpose of this section is to permit solar, photovoltaic
and wind energy facilities in appropriate locations in the Township
in a way that is consistent with duly enacted state legislation to
facilitate alternative forms of energy production and to minimize
potential land use conflicts and impacts associated with such facilities.
This section is intended to accomplish the foregoing while also:
(1)
Retaining prime agricultural soils for agricultural use by avoiding
siting such facilities on lands within the Agricultural Development
Area (ADA) and lands with significant areas of prime farmland soils
and soils of statewide importance.
(2)
Preserving the industry of agriculture and agricultural character
by avoiding siting such facilities on lands adjacent to or across
a public road from permanently preserved farmland.
(3)
Preserving areas with an established rural and/or historic character
by avoiding siting such facilities on land within areas of rural and/or
historic character, particularly on land which is exposed to public
view and where, by reason of topography or other natural features,
the facility cannot be effectively screened from view.
(4)
Protecting the quality of life in residential districts by avoiding
siting ground-mounted facilities in locations where they would be
visible from adjacent residential areas.
(5)
Providing standards for buffering and screening of renewable
energy facilities to protect surrounding properties from glare and
to mitigate the negative visual impact of ground-mounted facilities.
(6)
Providing for proper decommissioning of the renewable energy
facility after its useful life.
B.
Solar and photovoltaic facility requirements.
(1)
General requirements. Unless otherwise specified, the following
general requirements apply to all solar and photovoltaic facilities
(hereinafter "facilities"), regardless of whether they are permitted,
conditional or accessory uses.
(a)
Concentrated solar and solar-reflecting technology facilities
shall not be a permitted principal, accessory or conditional use in
any zone district.
(b)
A solar and/or photovoltaic facility shall mean the aggregate
of all facilities constructed on a lot or assemblage of contiguous
lots or on a farm management unit.
(c)
A ground-mounted solar and photovoltaic energy-generating facility
(hereinafter "ground-mounted facility") shall be deemed to be a principal
use when any of the following conditions are met. A ground-mounted
facility which does not meet one or more of these conditions shall
be deemed an accessory use.
1.
When the ground-mounted facility exceeds a ratio of one to five
(1:5) for the land area on which the facility is constructed to the
area used for another purpose (including farming).
2.
When the ground-mounted facility comprises an area of 10 acres
or greater.
3.
When the ground-mounted facility is the only use or structure
on a lot (for purposes of this criterion, farming does not count as
a use).
(d)
Any solar or photovoltaic energy-generating facility mounted
to a structure above a surface parking area or a roof shall be deemed
an accessory use.
(e)
In addition to those items required for an application to be
deemed complete, a site plan application including a solar or photovoltaic
energy-generating facility shall include the following:
1.
Location of proposed and existing underground or overhead utility
or transmission lines.
2.
Location of any proposed or existing substation, inverter or
transformer.
3.
Description of any necessary upgrades or modifications to existing
substations or the necessity for a new substation.
4.
Description of how the energy generated by the facility will
be connected to the electrical distribution or transmission facility
or the electrical facility of the intended energy user.
5.
Location of existing hedgerows and vegetated windbreaks. Trees
on the site that have a caliper of 12 inches (dbh) or greater shall
be identified by species and overall condition.
6.
Photographic simulation of the view of the proposed facility
from ground level from all public roads abutting the property and
from adjacent residential uses.
7.
Maintenance plan which describes the applicant's approach to
maintaining the facility after construction, including the panels
and associated supporting structures, as well as the property on which
the facility is installed.
(f)
Solar and photovoltaic facilities shall not be counted in the
calculation of maximum impervious cover unless the area under the
panels (excluding any footings) consists of an impervious material.
The design of the facilities shall comply with all NJDEP and Township
stormwater, grading and soil disturbance regulations, whichever is
more restrictive.
(g)
Ground-mounted facilities shall be located to minimize views
of the facilities from public roadways and from existing residences
not located on site and from neighboring undeveloped residentially-zoned
property by utilizing existing visual barriers, including but not
limited to buildings, trees, hedgerows and natural topography to the
maximum extent possible, in addition to visual screening described
elsewhere in this section.
(h)
Ground-mounted facilities within an area greater than 1,000
square feet shall provide one or more of the following beneath the
structures: lawn, meadow grasses or an agricultural area for crops
or grazing farm animals. Meadow grass plantings shall include wildflower
mixes as well as a mix of appropriate grass species.
(i)
Where the prior use of a facility site consists of agriculture,
the facility shall be installed such that it can be returned to active
agricultural production after the useful life and removal of the facility.
As such, site disturbance, including but not limited to grading, cut
and fill, soil removal, excavation and soil compaction, shall be minimized;
soil removal shall be prohibited.
(j)
The use of concrete asphalt or other impervious surface, including
gravel, is prohibited on the site of such facilities, except in the
following locations:
1.
The mounting of inverters, transformers, power conditioning
units, control boxes, pumps and other such facility components.
2.
The mounting of solar photovoltaic panels, films and arrays
when used as ballast.
3.
Driveway aprons.
4.
Portions of roads and driveways where necessary to provide stability
for vehicles.
(k)
The extent of roads and driveways shall be minimized to the
extent possible and shall be constructed so as to minimize soil compaction.
(l)
Applicants are encouraged to enter into solar easements with
neighboring property owners in order to ensure continuing access to
sunlight for a solar or photovoltaic facility. Site plan approval
or the issuance of a zoning permit for a solar or photovoltaic facility
does not imply the existence of a solar easement.
(m)
All electrical and control equipment shall be labeled and secured
to prevent unauthorized access.
(n)
Transmission wires shall be underground.
(o)
The only signs permitted on a solar or photovoltaic facility
or any associated building or structure are those depicting the manufacturer's
or installer's identification, appropriate warning signs, or owner
identification.
(p)
Sound levels from the energy facility shall not exceed the ambient
sound level at the property line prior to construction of the facility.
(q)
Due to the limitation on the capacity of the PJM grid to accept
electric energy from renewable energy facilities, a permit issued
pursuant to this section shall expire if the solar or photovoltaic
facility is not installed and functioning within the approval period
established by the Municipal Land Use Law.
(r)
Abandonment. A solar energy facility that is out-of-service
for a continuous eighteen-month period will be deemed to have been
abandoned.
1.
The Township may issue a notice of abandonment to the owner
of a solar energy facility that is deemed to have been abandoned.
The notice shall be sent return receipt requested.
2.
The owner shall have the right to respond to the notice of abandonment
within 30 days from the notice receipt date.
3.
If the owner provides information that demonstrates the solar
energy facility has not been abandoned, the Township shall withdraw
the notice of abandonment and notify the owner that the notice has
been withdrawn.
4.
If the Township determines that the solar energy facility has
been abandoned, the owner of the solar energy facility shall remove
the solar energy facility and properly dispose of the components at
the owner's sole expense within six months after the owner receives
the notice of abandonment.
5.
In the event that the owner fails to remove the solar energy
facility, the Township and/or its employees and/or contractors may
enter the property to remove the solar energy facility (but shall
not be obligated to remove same), and in the event that the Township
performs the removal, all costs of such removal shall be reimbursed
to the Township by the owner. In the event the owner fails to reimburse
the Township, the Township may place a lien on the property in the
amount of the costs of said removal, and in the event that the Township
incurs any additional costs in enforcing the lien and/or collecting
the money owed, the owner shall be obligated to reimburse the Township
for the additional costs and expenses, including reasonable attorneys'
fees.
(s)
All applications for a solar or photovoltaic facility as a principal
use shall be accompanied by a decommissioning plan to be implemented
upon abandonment in conjunction with removal of solar energy facilities.
Before beginning any decommissioning activities, the applicant must
submit a performance bond in a form and amount satisfactory to the
Township Attorney, which shall be based upon an estimate approved
by the Township Engineer, assuring the availability of adequate funds
to restore the site to a useful nonhazardous condition in accordance
with the decommissioning plan. The decommissioning plan shall include
the following provisions:
1.
Restore the surface grade and soil after removal of aboveground
structures and equipment.
2.
Restore soil areas with native seed mixes, agricultural crops
and/or plant species suitable to the area and which do not include
any invasive species.
3.
The plan may provide for restoration of agricultural crops or
forest resource land.
4.
The plan may provide for the retention of access roads, fences,
gates, buildings and buffer plantings at the discretion of the Township.
5.
If the property owner fails to remove the facility and restore
the facility in accordance with the decommissioning plan, the Township
may perform in place of the owner. All costs incurred by the Township
in connection with same shall be a first priority lien enforceable
pursuant to municipal tax lien statutes.
(t)
Any applicant for a solar or photovoltaic facility on a commercial
farm is encouraged to meet the State Agricultural Development Committee's
(SADC) Agricultural Management Practice (AMP) for the Construction,
Installation, Operation or Maintenance of Solar Energy Generation
Facilities, Structures and Equipment on Commercial Farms. Compliance
with this rule is required in order to continue the property's eligibility
for right-to-farm protection for the on-farm generation of solar energy.
(2)
Accessory use requirements. The following requirements shall
apply to solar and photovoltaic facility accessory uses. The requirements
shall be bulk standards where the facility is permitted and conditions
where the facility is a conditional use.
(a)
Roof-mounted facilities. Roof-mounted facilities shall be mounted
parallel to the roof angle and shall not exceed a height of 12 inches
above the roof. Notwithstanding, roof-mounted facilities shall not
exceed the maximum building height in the zone district.
(b)
Facilities mounted above parking lots.
1.
Facilities mounted above parking lots shall be designed to provide
adequate space for access by emergency vehicles whenever necessary.
2.
The maximum permitted height shall be 20 feet.
3.
Facilities shall only be located within the rear yard.
4.
The minimum side and rear yard setback for any such facility
shall be 50 feet if adjacent to a nonresidential use or district and
100 feet if adjacent to a residential use or district.
5.
The facility shall be screened from view on all sides by a twenty-foot-wide
planted buffer.
a.
The buffer shall consist of an earthen berm and/or solid fence
which completely screens the view of the facility and any associated
glare from adjacent streets (measured from a height of four feet at
the center line of the street) and adjacent property lines (measured
from a height of five feet at the property line). The buffer shall
also consist of a mix of deciduous and evergreen trees and shrubs.
b.
Existing vegetation shall be retained and utilized to the extent
practical.
c.
The buffer shall also meet the standards in § 550-130 unless otherwise specified. Deciduous trees shall have a minimum caliper size of 3.5 inches and a minimum height at planting of 14 feet. Evergreen trees shall have a minimum height at planting of six feet.
d.
The buffer requirement shall not apply where the facility is
separated from the public road or property line by a building of equal
or greater height than the facility.
e.
Fencing, with the exception of a wooden or approved PVC fence,
shall not be visible from the property line in all districts except
the MFG and I Districts.
6.
Limited encroachments upon preexisting or standard parking space
sizes to accommodate the structure for solar and photovoltaic parking
structures are permitted, provided that safe and convenient accessibility
to and from all parking spaces is maintained.
7.
The facility shall be designed so as to meet the lighting and
landscape standards of this chapter.
8.
The facility shall be designed in such a manner that neither
water nor snow accumulates and has concentrated flow off the structure.
(c)
Ground-mounted facilities.
1.
The maximum permitted height of ground-mounted facilities shall
be 12 feet.
2.
Facilities shall only be located within the rear yard.
3.
The minimum side and rear yard setback for any such facility
shall be 50 feet if adjacent to a nonresidential use or district and
100 feet if adjacent to a residential use or district.
4.
The facility shall be screened from view on all sides by a twenty-foot-wide
planted buffer.
a.
The buffer shall consist of an earthen berm and/or solid fence
which completely screens the view of the facility and any associated
glare from adjacent streets (measured from a height of four feet at
the center line of the street) and adjacent property lines (measured
from a height of five feet at the property line). The buffer shall
also consist of a mix of deciduous and evergreen trees and shrubs.
b.
Existing vegetation shall be retained and utilized to the extent
practical.
c.
The buffer shall also meet the standards in § 550-130 unless otherwise specified. Deciduous trees shall have a minimum caliper size of 3 1/2 inches and a minimum height at planting of 14 feet. Evergreen trees shall have a minimum height at planting of six feet.
d.
The buffer requirement shall not apply where the ground-mounted
facility is separated from the public road or property line by a building
of equal or greater height than the facility.
e.
Fencing, with the exception of a wooden or approved PVC fence,
shall not be visible from the property line in all districts except
the MFG and I Districts.
f.
Existing hedgerows or vegetated windbreaks that provide screening
of the subject site from neighboring properties shall be retained
and augmented as necessary.
5.
Clearing of upland hardwood forest shall be prohibited except
to the extent required for site access from a public road.
6.
Any development for a ground-mounted facility shall comply with § 160-117, Natural features and tree preservation.
7.
Prime farmland soils and soils of statewide significance shall
be avoided to the maximum extent possible.
(3)
Principal use requirements.
(a)
The maximum permitted height of ground-mounted facilities shall
be 12 feet.
(b)
The following setbacks shall apply to ground-mounted facilities:
1.
Front yard: 100 feet or not less than 200 feet where a lot abuts
a residential use or district (including those across a public road).
2.
Side yard: 50 feet or not less than 100 feet where a lot abuts
a residential use or district (including those across a public road).
3.
Rear yard: 50 feet or not less than 100 feet where a lot abuts
a residential use or district (including those across a public road).
(c)
Substations (excluding switchgear stations) shall be set back
a minimum of 150 feet or not less than 200 feet from a residential
use or district.
(d)
The following minimum screening requirements shall be met:
1.
The facility shall be buffered from view of nonresidential properties
by a twenty-foot-wide planting area and from view of public roads
and residential districts and properties (including those located
across a public road) by a forty-foot-wide planted buffer area.
2.
The buffer shall consist of an earthen berm and/or solid fence
which completely screens the view of the facility and any associated
glare from adjacent streets (measured from a height of four feet at
the center line of the street) and adjacent property lines (measured
from a height of five feet at the property line). The buffer shall
also consist of a mix of deciduous and evergreen trees and shrubs
to provide a year-round visual screen.
3.
The buffer shall also meet the standards in § 550-130 unless otherwise specified. Deciduous trees shall have a minimum caliper size of 3.5 inches and a minimum height at planting of 14 feet. Evergreen trees shall have a minimum height at planting of six feet.
4.
Fencing, with the exception of a wooden or approved PVC fence,
shall not be visible from the property line in all districts except
the MFG and I Districts.
5.
Existing hedgerows or vegetated windbreaks that provide screening
of the subject site from neighboring properties shall be retained
and augmented as necessary.
6.
Substations and other associated transmission structures shall
be screened with a double row of evergreen plantings with a minimum
height of eight feet at planting.
(e)
Clearing of upland hardwood forest shall be prohibited except
to the extent required for site access from a public road.
C.
Wind energy facilities. The following requirements shall be bulk
standards where wind energy facilities are a permitted principal use:
(1)
The towers shall be designed and installed so as not to provide
step bolts, a ladder or other publicly accessible means of climbing
the tower for a minimum height of eight feet above the ground.
(2)
All electrical and control equipment shall be labeled and secured
to prevent unauthorized access.
(3)
The only signs permitted on a wind energy facility or any associated
building or structure are those depicting the manufacturer's or installer's
identification, appropriate warning signs, or owner identification.
(4)
All wind energy facilities must comply with the applicable Federal
Aviation Administration regulations and must receive any necessary
Federal Aviation Administration permits.
(5)
All wind energy facilities must comply with the applicable Department
of Environmental Protection regulations and must receive any necessary
permits from the Department of Environmental Protection.
(6)
Due to the limitation on the capacity of the PJM grid to accept
electric energy from renewable energy facilities, a permit issued
pursuant to this chapter shall expire if the wind energy facility
is not installed and functioning within the approval period established
by the Municipal Land Use Law.
(7)
In addition to those items required for an application to be
deemed complete, a site plan application shall include the following:
(a)
Location of proposed and existing underground or overhead utility
or transmission lines.
(b)
Location of any proposed or existing substation, inverter or
transformer.
(c)
Description of any necessary upgrades or modifications to existing
substations or the necessity for a new substation.
(d)
Description of how the energy generated by the facility will
be connected to the electrical distribution or transmission facility
or the electrical facility of the intended energy user.
(e)
Location of existing hedgerows and vegetated windbreaks. Trees
within the site that have a caliper of 12 inches (dbh) or greater
shall be identified by species and overall condition.
(f)
Where a principal use is proposed, photographic simulation of
the view of the proposed facility from ground level from all public
roads abutting the property and from adjacent residential uses.
(g)
Maintenance plan which describes the applicant's approach to
maintaining the facility after construction, including the panels
and associated supporting structures, as well as the property on which
the facility is installed.
(8)
Abandonment. A wind facility that is out-of-service for a continuous
eighteen-month period will be deemed to have been abandoned.
(a)
The Township may issue a notice of abandonment to the owner
of a wind energy facility that is deemed to have been abandoned. The
notice shall be sent return receipt requested.
(b)
The owner shall have the right to respond to the notice of abandonment
within 30 days from the notice receipt date.
(c)
If the owner provides information that demonstrates the wind
facility has not been abandoned, the Township shall withdraw the notice
of abandonment and notify the owner that the notice has been withdrawn.
(d)
If the Township determines that the wind facility has been abandoned,
the owner of the wind energy facility shall remove the wind energy
facility and properly dispose of the components at the owner's sole
expense within six months after the owner receives the notice of abandonment.
(e)
In the event that the owner fails to remove the wind facility,
the Township and/or its employees and/or contractors may enter the
property to remove the wind energy facility (but shall not be obligated
to remove same) and, in the event that the Township performs the removal,
all costs of such removal shall be reimbursed to the Township by the
owner. In the event the owner fails to reimburse the Township, the
Township may place a lien on the property in the amount of the costs
of said removal and, in the event that the Township incurs any additional
costs in enforcing the lien and/or collecting the money owed, the
owner shall be obligated to reimburse the Township for the additional
costs and expenses, including reasonable attorneys' fees.
(9)
The maximum height of a wind energy facility shall be 100 feet.
(a)
The height of a wind energy facility (hereinafter "facility")
shall be defined as the height above grade of the tower plus the wind
generator.
(10)
A wind tower shall be set back from all property lines and utility
lines a distance equal to 150% of the facility height.
(11)
Substations (excluding switchgear stations) shall be set back
a minimum of 150 feet or not less than 200 feet from a residential
use or district.
(12)
No portion of the wind generator shall extend into any public
right-of-way, unless written permission is granted by the government
entity with jurisdiction over the right-of-way, or any overhead utility
lines, unless written permission is granted by the utility that owns
and/or controls the lines.
(13)
The following minimum screening requirements shall be met:
(a)
The facility shall be buffered from view of nonresidential properties
by a twenty-foot-wide planted buffer and from view of public roads
and residential districts and properties (including those located
across a public road) by a forty-foot-wide planted buffer.
(b)
The buffer shall consist of an earthen berm and/or solid fence
which completely screens all ground-mounted equipment and structures
from adjacent streets (measured from a height of four feet at the
center line of the street) and adjacent property lines (measured from
a height of five feet at the property line). The buffer shall also
consist of a mix of deciduous and evergreen trees and shrubs to provide
a year-round visual screen.
(c)
The proposed screening shall provide a year-round visual screen
of the facility. If this is not possible, the wind energy facility
shall be revised to mitigate the visual impact upon the neighboring
residential properties and important viewsheds. Neighboring residential
properties shall be defined for this purpose as those properties which
are adjacent to or those properties which are located across a public
road from the site.
(d)
The buffer shall also meet the standards in § 550-130 unless otherwise specified. Deciduous trees shall have a minimum caliper size of 3.5 inches and a minimum height at planting of 14 feet. Evergreen trees shall have a minimum height at planting of six feet.
(e)
Fencing, with the exception of a wooden or approved PVC fence,
shall not be visible from the property line in all districts except
the MFG and I Districts.
(f)
Existing hedgerows or vegetated windbreaks that provide screening
of the subject site from neighboring properties shall be retained
and augmented as necessary.
(g)
Substations and other associated transmission structures shall
be screened with a double row of evergreen plantings with a minimum
height of eight feet at planting.
(14)
A wind energy facility shall not be artificially lighted unless
such lighting is required by the Federal Aviation Administration.
(15)
The wind generator and the tower shall be a neutral color that
is appropriate for its location and will allow the tower to be as
unobtrusive as possible, unless otherwise required by the FAA.
(16)
Clearing of upland hardwood forest shall be prohibited except
to the extent required for site access from a public road.
[Added 7-20-2021 by Ord. No. 21-036; amended 12-21-2021 by Ord. No.
21-069]
A.
In addition to all other applicable land use regulations and design standards articulated in this article, no person or entity may conduct cannabis establishments, cannabis delivery services or medical cannabis establishments, as defined in Chapter 153 without first obtaining:
(1)
Site plan approval or site plan waiver from the Planning Board
or Zoning Board of Adjustment;
(2)
A municipal permit for the cannabis establishment or license for the medical cannabis establishment pursuant to Chapter 153, which shall not be issued until after site plan approval or site plan waiver has been granted by the Planning Board or Zoning Board of Adjustment, which municipal permit or license will not become effective until a municipal zoning permit has been issued for the operation; and
(3)
A CRC-issued license or permit for the operation.
B.
Only a resolution of the governing body or a municipal permit for
the cannabis establishment or a cannabis delivery service or a municipal
license for a medical cannabis establishment shall constitute "written
municipal approval" pursuant to CREAMMA, N.J.S.A. 24:6I-36(b)(1)(c)(i)
and 24:6I-45(c) or the Honig Act, N.J.S.A. 24:6I-7.
C.
A new zoning permit must be requested and obtained annually through approval of Council for the operation prior to, and as a condition of, permit or license renewal pursuant to Chapter 153. Only the municipal permit or license, annually renewed pursuant to Chapter 153, shall constitute the annually required written municipal approval required by the operation pursuant to the Cannabis Regulatory Commission (CRC). Other written statements, letters, resolutions, or other documents issued by the Township or any official, employee, or other representative shall not constitute annual or renewed "written municipal approval" for purposed of the CRC.
D.
Any suspension, revocation or nonrenewal of the municipal permit or license pursuant to Chapter 153, or any suspension, revocation or nonrenewal of a CRC-issued license or permit for the operation, or adjudication of felony criminal guilt by the operation or its principals shall constitute an automatic revocation of the municipal zoning permit for the operation, at which time the operation must cease. With respect to a suspension, revocation or nonrenewal of a Township or CRC issued permit or license, the operation may not reinstate its municipal zoning permit until the Township and/or CRC permit or licenses are reinstated. A criminal adjudication voids and prohibits any future reinstatement of Township permits.
E.
Cannabis and medical cannabis establishments shall be permitted,
pursuant to this chapter, only if the following requirements are met:
(1)
The regulations of this section are subject to the enabling
authority of the State of New Jersey, by and through the CRC, and
are subject to compliance with all statutes and/or regulations promulgated
and adopted by the State of New Jersey or its instrumentalities. If
any provision of this section is inconsistent with the statutes and/or
regulations of the State of New Jersey, the state statutes and/or
regulations shall prevail.
(2)
Odor. Cannabis and medical cannabis establishments shall have
equipment to mitigate odor. The building shall be equipped with a
ventilation system sufficient in type and capacity to mitigate cannabis
odors emanating from the interior of the premises.
(3)
Noise. Outside generators and other mechanical equipment used
for any kind of power supply, cooling or ventilation shall be enclosed
and have appropriate baffles, mufflers, and/or other noise reduction
systems to mitigate noise pollution.
(4)
Security. All cannabis establishments shall be secured in accordance
with State of New Jersey statutes and regulations, including but not
limited to the requirements of N.J.A.C. 17:30-9.10 and 17:30-9.12;
shall have a round-the-clock video surveillance system, 365 days a
year; shall have security fencing and gates around the perimeter of
the premises or should fencing or gates be impracticable, then the
cannabis establishment shall provide a satisfactory alternative; and
shall have trained security personnel onsite at all times during operating
hours.
(5)
No cannabis establishment, cannabis delivery service, medical
cannabis establishment, or medical cannabis dispensary shall be located
within 1,000 feet measured by walking legally from door to door to
any school. No cannabis establishment, cannabis delivery service,
medical cannabis establishment or medical cannabis dispensary shall
be located within 500 feet measured by walking legally from door to
door of the cannabis or medical establishment and/or dispensary to
any recreation center, child-care establishment, house of worship,
residence located within an R-Zone, or the property line of the public
park. In addition, all cannabis and medical cannabis establishments,
retailers and/or dispensaries shall erect physical barriers to block
sight lines from the schools, recreation centers, child-care establishments,
houses of worship, residences, playgrounds or public parks.
[Amended 5-17-2022 by Ord. No. 22-018]
(6)
No cannabis establishment, cannabis delivery service, medical
cannabis establishment or medical cannabis dispensary shall be located
within a 250-foot radius, measured from any exterior wall of the cannabis
premises to any exterior wall of any school, recreation center, child-care
establishment, or house of worship, or measured from any exterior
wall of the cannabis premises to the property line of a playground
or public park.
[Amended 5-17-2022 by Ord. No. 22-018]
(7)
Signage. Signage design shall not include artistic or photographic
renderings of cannabis plants. Signage at the cannabis establishment,
other than a retail establishment, shall communicate that the establishment
is not open to the public.
F.
Cannabis delivery services shall be permitted, pursuant to this chapter,
only if in addition to all other land use regulations, the following
requirements are met:
(1)
The regulation of this section are subject to the enabling authority
of the State of New Jersey, by and through the CRC, and are subject
to compliance with all statutes and/or regulations promulgated and
adopted by the State of New Jersey or its instrumentalities. If any
provision of this Section is inconsistent with the statutes and/or
regulations of the State of New Jersey, the State statutes and/or
regulations shall prevail.
(2)
Security. The office or dispatch of the cannabis delivery services
shall be secured in accordance with State of New Jersey statutes and
regulations; shall have a round-the-clock video surveillance system,
365 days a year. If cannabis will be on site, it shall have security
fencing and gates around the perimeter of the premises, unless that
is impracticable in which case the establishment shall provide a satisfactory
alternative; and shall have trained security personnel on site at
all times during operating hours.
(3)
Cannabis items shall not be stored or housed at the office or
dispatch without trained security personnel guarding the items. Cannabis
items must not be left unattended in vehicles.
G.
No cannabis establishment or cannabis delivery service shall be permitted
to operate as a home occupation or a live/work unit.
[Added 10-19-2021 by Ord. No. 21-058]
A.
Purpose. The purpose of this section is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and make-ready parking spaces through municipal parking regulations
and other standards. EVSE and make-ready parking spaces will support
the state's transition to an electric transportation sector, reducing
automobile air pollution, greenhouse gas emissions, and storm water
runoff contaminants. The goals are to:
(1)
Provide adequate and convenient EVSE and make-ready parking
spaces to serve the needs of the traveling public.
(2)
Provide opportunities for residents to have safe and efficient
personal EVSE located at or near their place of residence.
(3)
Provide the opportunity for nonresidential uses to supply EVSE
to their customers and employees.
(4)
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
B.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
(1)
(2)
(3)
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See "State Uniform Construction Code Act," (N.J.S.A.
52:27D-119 et seq.) and regulations adopted pursuant thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or
240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or
higher breaker on a 480-volt or higher three-phase circuit with special
grounding equipment. DCFC stations can also be referred to as rapid
charging stations that are typically characterized by industrial grade
electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of electric vehicle supply equipment or electric
vehicle service equipment, including, but not limited to, Level Two
EVSE and direct current fast chargers. Make-ready includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
electric vehicle supply equipment or electric vehicle service equipment
on a "plug and play" basis. "Make-ready" is synonymous with the term
"charger ready," as used in N.J.S.A. 48:25-1 et al.
EVSE that has restricted access to specific users (e.q.,
single and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
C.
Approvals and permits.
(1)
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(2)
EVSE and make-ready parking spaces installed pursuant to § 550-144D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in § 550-144C(1) above.
(3)
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
(4)
The zoning officer and/or municipal engineer shall enforce all
signage and installation requirements described in this section. Failure
to meet the requirements in this section shall be subject to the same
enforcement and penalty provisions as other violations of Hamilton
Township's land use regulations.
(5)
An application for development for the installation of EVSE
or make-ready spaces at an existing gasoline service station, an existing
retail establishment, or any other existing building shall not be
subject to site plan or other land use board review, shall not require
variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other
law, rule, or regulation, and shall be approved through the issuance
of a zoning permit by the administrative officer, provided the application
meets the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning
the installation, and any state rule or regulation concerning electric
vehicle charging stations.
(6)
An application pursuant to § 550-144C(5) above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
(7)
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
(8)
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
D.
Requirements for new installation of EVSE and make-ready parking
spaces.
(1)
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in § 550-144D(1) above shall:
(a)
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
E.
Minimum parking requirements.
(1)
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 550-119F.
(2)
A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
F.
Reasonable standards for all new EVSE and make-ready parking spaces.
(1)
Location and layout of EVSE and make-ready parking spaces is
expected to vary based on the design and use of the primary parking
area. It is expected flexibility will be required to provide the most
convenient and functional service to users. Standards and criteria
should be considered guidelines and flexibility should be allowed
when alternatives can better achieve objectives for provision of this
service.
(2)
Installation:
(a)
Installation of EVSE and make-ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make-ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
(3)
EVSE parking:
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in § 485-4. Signage indicating the penalties for violations shall comply with § 550-144F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
(4)
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to § 550-144F(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with Hamilton Township's ordinances
and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is setback a minimum of 24
inches from the face of the curb. Any standalone EVSE bollards should
be three to four feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in § 550-144F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
Hamilton Township shall require the owners/designee of publicly accessible
EVSE to provide information on the EVSE's geographic location, date
of installation, equipment type and model, and owner contact information.
(5)
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs including parking restrictions shall be installed
immediately adjacent to, and visible from the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(5)(b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
(6)
Usage fees.
(a)
For publicly accessible municipal EVSE: In addition to any parking fees, as found in Chapter 215, Fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be PSEG's rate for kilowatt per hour (kwhr) for each hour that the electric vehicle is connected to the EVSE.
(b)
This fee may be amended by a resolution adopted by the governing
body.
(c)
Private EVSE: Nothing in this section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable state and federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.