Township of Hamilton, NJ Article IV General Regulations and Design Standards

§ 550-111 Accessory buildings.

[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.

§ 550-112 Appearance of buildings.

[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.

§ 550-113 Stormwater management.

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. Calculations shall be performed in accordance with the current NJDEP Standards.

[Amended 8-20-2024 by Ord. No. 24-031]

(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. Calculations shall be performed in accordance with the current NJDEP Standards.

[Amended 8-20-2024 by Ord. No. 24-031]

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.

§ 550-114 Fences, walls and sight triangles.

[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(12).

[Amended 6-18-2024 by Ord. No. 24-026]

(3) For corner lots, a fence may be erected no taller than six feet in height and solid in design within the front yard area at 50% of the required front yard setback. Any fence of this design shall not interfere or create a sight obstruction with any adjacent residential driveways on neighboring lots nor shall it be constructed to interfere with sight triangles on an intersecting public or private street.

[Added 6-18-2024 by Ord. No. 24-026[1]

[1] Editor's Note: This ordinance also redesignated former Subsection B(3) through (11) as Subsection B(4) through (12).

(4) Fences should complement the structural style, type and design of the principal building.

(5) Fences which are deemed to be inferior in quality, and therefore not maintenance-free (except for painting or refinishing), are prohibited.

(6) 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.

(7) Semitransparent fences are less architecturally related and should be finished in a more natural manner.

(8) Transparent fences should be as unobtrusive as possible and blend into the surrounding landscape.

(9) Plantings shall be considered as part of any fencing plan.

(10) 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.

(11) 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.

(12) 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.[2]) 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."

[2] 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.

§ 550-115 Lighting.

[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]

§ 550-116 Lot configuration.

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.

§ 550-117 Tree removal and replacement.

[Amended 1-20-1993 by Ord. No. 93-008; 6-27-2011 by Ord. No. 11-021; 12-2-2025 by Ord. No. 25-025]

A. Intent and purpose.

(1) The Township of Hamilton has determined that the protection of trees within the Township is not only desirable, but also essential to the present and future health, safety and welfare of all citizens. Trees are valuable contributors to not only the Township's environment and beauty, but as studies have shown, the local economy as well. The treatment of trees on individual properties can have significant impacts not only on those individual properties but also on neighboring properties, the streetscape, the tree canopy and the entire Township.

(2) The purpose of § 550-117 is to control and regulate the removal and cutting of trees upon lots and tracts of land within the Township of Hamilton that will cause increased stormwater runoff, increased soil erosion and sedimentation, decreased fertility of the soil, degradation of water resources, decreased groundwater recharge, increased buildup of atmospheric carbon dioxide, the establishment of a heat island effect and increased dust and pollution. The singular or cumulative affect of any of the foregoing could adversely impact the character of Hamilton Township, decrease property values, render the land unfit and unsuitable for its most appropriate use, and negatively affect the health, safety and general welfare of Hamilton's residents. Thus, the Township governing body desires to regulate and control the removal of trees within the Township and to require appropriate tree replacement.

(3) It is recognized that there is a strong interrelationship between the integrity of the Township's water resources, development on steep slopes, tree removal, soil disturbance, stormwater management and the general use of the land resources. Fewer trees throughout the Township also correlates with increased air pollution. Therefore, the governing body finds that the appropriate management of these resources is an important health, safety and general welfare concern. Managing the Township's tree resources is consistent with the State-approved Hamilton Township Community Forestry Management Plan and is now a requirement of the State's MS4 Tier A permit.

(4) Trees are declared to be an important cultural, ecological, scenic and economic resource. Proper management of this resource will ensure its maintenance and result in economic returns. A forestry management program is intended to meet the objectives of preserving, protecting, enhancing and maintaining trees and providing opportunities for the continued use of forest resources which are compatible with the maintenance of the environment. This will be accomplished by ensuring management of forest and trees through the application of sound management practices. To that end, it shall be unlawful to cut down, damage, poison or in any other manner destroy or cause to be destroyed any trees covered by § 550-117, except in accordance with the provisions of § 550-117.

(5) The enforcement of § 550-117 shall be the duty of Department of Community and Economic Development in coordination with the Division of Planning and Zoning and the Department of Public Works through the regulation, planting, care and control of shade, ornamental and evergreen trees in the streets, highways, public places of the Township and tree removal on all public and private lands within the Township.

(6) All projects must adhere to the American Standard for Nursery Stock by the American National Standards Institute (ANSI) upon planting, removing, and pruning trees in accordance with § 550-117.

B. Definitions. As used in § 550-117, the following terms shall have the meanings indicated:

APPLICANT

Applicant means any "person," as defined below, who applies for approval to remove trees regulated under § 550-117.

CALIPER: ANSI Z60 FOR NURSERY STOCK

"Caliper" is a type of diameter measurement used in the nursery industry. The height measurement shall be taken from ground level for field-grown stock and from the soil line for container-grown stock, which should be at or near the top of the root flare. Caliper measurement of the trunk shall be taken six inches above the top of root flare up to and including four-inch caliper size. If the caliper at six inches above the ground exceeds four inches, the caliper should be measured at 12 inches above the top of root flare. Seldom are tree trunks perfectly round. The most accurate measurement will result from the use of a diameter tape. Caliper measurements taken with manual or electronic slot or pincer type caliper tools should be the average of the smallest and largest measurements.

COMMUNITY FORESTRY MANAGEMENT PLAN

A plan developed by the Shade Tree Commission of Hamilton Township that outlines the goals and objectives for managing trees on municipal property with the intent of minimizing liability to the municipality and maximizing the useful life of the tree resource. The plan is to be approved by the New Jersey Department of Environmental Protection, Division of Parks and Forestry, New Jersey Forest Service. The Shade Tree Commission shall aid in the implementation of the community forestry management plan.

CONIFEROUS TREE

A tree, most frequently evergreen, which bears cone fruits, such as junipers, pines and spruce.

CRITICAL ROOT RADIUS (CRR)

The zone around the base of a tree where the majority of the root system is found. This zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet. For example: a tree with a 6" DBH would have a CRR = 6"x1.5' = 9'.

DEAD TREE

A tree which has ceased to physiologically function. Dead trees typically are devoid of leaves and have loose bark.

DECIDUOUS TREE

Tree whose leaves drop off at the end of each growing season.

DEPARTMENT OF PUBLIC WORKS

Also known as "DPW" within § 550-117.

DIAMETER BREAST HEIGHT (DBH)

The diameter of a tree measured 4 1/2 feet above the uphill/highest side.

DRIPLINE

The imaginary circle on the ground directly below the outermost edge of a tree's canopy where water drips off.

ENFORCEMENT AGENT

The EA shall be the Township Zoning Officer.

EROSION

The detachment and movement of soil or rock fragments by water, ice, wind and gravity.

FOREST MANAGEMENT PLAN

A plan for the management of timbered or forested lands approved by the New Jersey Department of Environmental Protection, New Jersey Forest Service, or similar state or federal agency.

HAZARD TREE

A tree or limbs thereof that meet one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees.

(1) Has an infectious disease or insect infestation;

(2) A tree with a structural defect that will make it likely to fall in whole or in part;

(3) Is dead or dying;

(4) Obstructs the view of traffic control devices or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;

(5) Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or

(6) Is determined to be a threat to public property, health, safety, and/or welfare by a certified arborist or Licensed Tree Expert (LTE).

HISTORIC TREE

A tree that has been found to be of notable historic interest to Hamilton Township because of its age, type, size or historic association and which has been so designated and that designation has been officially made and promulgated as part of the official records of the Township.

INVASIVE TREES

Species of tree which is invasive to the Mid-Atlantic Region, grows aggressively, spreads and displaces other plants, and whose introduction causes or is likely to cause economic or environmental harm or harm to human health. Generally, these trees do not require a permit for removal upon notice provided to the Township.

LICENSED TREE CARE OPERATOR/LTCO

A licensed tree care operator (LTCO) licensed by the State of New Jersey. The LTCO can offer tree pruning, repairing, brush cutting or removal, tree removal and stump grinding or removal.

LICENSED TREE EXPERT/LTE

A license tree expert (LTE) licensed by the State of New Jersey. Licensed Tree Experts can perform tree expert services which means and includes tree pruning, repairing, brush cutting or removal, tree removal, stump grinding or removal, tree establishment, fertilization, cabling and bracing, lightning protection, consulting, diagnosis, and treatment of tree problems or diseases, tree management during site planning and development, tree assessment and risk management, and application of pesticides or any other form of tree maintenance.

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use and enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open spaces, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designated to be incidental to the natural openness of the land.

PERSON

Any individual, resident, corporation, utility, company, partnership, firm, or association.

REPLACEMENT TREE

A nursery-grown certified tree, properly balled and burlapped, container grown or bare root, and marked with a durable label indicating genus, species and variety, satisfying the standards established for nursery stock and installation thereof, set forth by the most recent publications of the American Association of Nurserymen.

RESIDENT

An individual who resides on the residential property or contractor hired by the individual who resides on the residential property where a tree(s) regulated by § 550-117 is removed or proposed to be removed.

SHADE TREE COMMISSION (STC)

Shade tree commissions formed by municipal ordinance, N.J.S.A. 40:64-1 et seq. See § 5-174 et seq.

SILVICULTURE

The art and science of growing and caring for forests to meet specific goals, such as producing timber, creating wildlife habitats, or maintaining watershed health. It involves planning and implementing treatments like harvesting, tending, and regeneration throughout a forest's life cycle to control its establishment, growth, composition, and health. Key components include understanding site conditions and using various methods like clearcutting or selective cutting to achieve desired outcomes sustainably.

SPECIMEN TREE

Any tree in fair or better condition which is so designated by the Shade Tree Commission based on considerations of whether the tree is a rare species or specimen thereof; is abnormal in height, trunk diameter or dripline circumference for a tree of its species; has foliage of an unusual quality for a tree of its species; occupies a location which confers special shade tree, fragrance, erosion control, aesthetic, scenic enhancement, historic, preservation or cultural values to the community. For purposes of this definition, "in fair or better condition" shall mean that a tree has a relatively sound and solid trunk with no evidence of extensive decay or visual evidence of being hollow and with no major insect or pathological problem.

STREET TREE

A tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to (or specified distance from) the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.

TREE

A woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground. This definition includes all deciduous and evergreen trees.

TREE ESCROW FUND

This fund shall be separately maintained by the Township for the purpose of reestablishing and maintaining tree cover through the Township.

TREE PLANTING PLAN

A specific plan adopted by Hamilton Township for the location and placement of trees on public property.

TREE PRESERVATION AND REMOVAL PLAN (TREE SAVE PLAN)

A specific plan that contains tree locations and other information in accordance with Subsection F herein.

TREE REMOVAL

To kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, and improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species.

TREE REMOVAL APPROVAL

The approval issued by the Department of Public Works, Department of Community and Economic Development or its designee to remove or destroy a tree or trees.

TREE REPLACEMENT PLAN

A specific plan for replacement of removed trees in accordance with the provision of this chapter.

C. Applicability. The terms and provisions of this chapter shall apply as follows:

(1) No person shall remove or cause to remove trees with a DBH of four inches or more or an ornamental or evergreen tree with a height of six feet or more without first having obtained written approval from the Township as provided herein, except as noted in Subsection D(1)(l) below.

(2) Specimen and historic trees.

(a) Trees which have been designated as specimen or historic under the provisions of § 550-117 shall be maintained in a living condition, and no person shall remove such tree. No specimen or historic tree shall be removed unless the applicant has obtained the approval of Hamilton Township.

(b) The condition of trees proposed to be saved shall be evaluated by use of guides as follows:

1. Evaluation of Hazard Trees in Urban Areas, ISA Books, Nelda Matheny and James R. Clark.

2. Urban Tree Risk Management, USDA Forest Service, Northeastern Area.

3. The Guide for Plant Appraisal, the Council of Tree and Landscape Appraisers.

D. Exemptions.

(1) All persons shall comply with the tree replacement standard outlined in this chapter, except in the cases detailed below. Proper justification shall be provided, in writing, to the municipality by all persons claiming an exemption. Photographs shall also be provided for review. The provisions of this chapter shall not apply to the following:

(a) Invasive tree species.

(b) Any tree of less than four inches DBH.

(c) Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the municipality.

(d) Any tree or trees planted and grown for commercial purposes on property used as an active commercial nursery, tree farm, garden center, Christmas tree farm or tree orchard.

(e) Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife.

(f) Hazard trees may be removed without Township approval.

(g) The clearance of power line rights-of-way by companies regulated by the New Jersey Board of Public Utilities.

(h) Trees removed in the course of an emergency declared by the Federal, State, or Township Government.

(i) Trees removed during the replacement or repair of a residential individual subsurface sewage disposal systems and/or the replacement or repair of a domestic water supply.

(j) Trees removed in conjunction with the Right to Farm Act, on qualifying farms.

(k) All properties operated by state, county, or municipal governments for parks, recreation or open space.

(l) Residents who remove four trees or less per acre that fall into category 1, 2, 3, 4 or 5 of the Tree Replacement Requirements Table within a five-year period. While all homeowners shall notify the Hamilton Township Department of Community and Economic Development in order to track the number and categories of tree removed at each address, a removal and permit fee will be waived in this instance.

E. Tree removal approval.

(1) Any person wishing to obtain a tree removal approval shall notify the Township by filing a request in writing and paying such fees (if required) as are set forth Subsection I herein. No approval shall be issued until a tree preservation and removal plan for the lot or parcel has been reviewed and approved as compliant with Subsection F by Hamilton Township, as required.

(2) All applications to the Planning Board or Zoning Board of Adjustment for approval of a major subdivision, minor subdivision, any site plan, or variance requiring tree removal shall submit a tree removal and tree replacement plan. No site work shall commence, including soil erosion control measures, until the tree removal and the replacement plan is approved by the Department of Community and Economic Development.

(3) Where tree removal is proposed for purposes not related to major subdivision, minor subdivision, site plan, or variance approval, a request for a tree removal shall be submitted to the Township providing the following information:

(a) Required information:

1. Street address of property with block and lot identified;

2. Name of owner of property, phone number and name of occupant of premises and phone number, if applicable;

3. Total acreage of the tract;

4. Location of all proposed trees having a DPM of four inches or greater to be cut, removed or damaged in such a way as to cause a need for their removal, noting each tree by its species, size and general health condition;

5. The applicant shall identify the land upon which the tree(s) are located, preferably on a survey, plot plan, or hand drawing to scale;

6. Reason for the removal, including a description of the type of tree removal;

7. Identification of any tree professional involved in the project.

(4) All required escrow and bond fees for any application, including required tree replacements or fees, shall be verified as paid prior to the issuance of the tree removal approval.

(5) Inspections. After the tree removal request is complete and reviewed, the Township shall inspect the trees and property which are the subject of the request within 30 days.

(6) Removal approval or denial. The Township shall approve or deny the tree removal request within 10 business days after completion of the inspection. The Township shall notify the applicant in writing of the factual basis and criteria for any denial. The final decision of the Township may be appealed as noted in Subsection E(7) of § 550-117.

(7) If a tree removal request is denied by the Township, the applicant shall have a right to appeal the decision. The appeal shall be made to the Hamilton Township Board of Adjustment within 10 days of receipt of the notice of permit denial.

F. Tree preservation and removal plan.

(1) A tree preservation and removal plan, if and where required shall be submitted to the Department of Community and Economic Development for review and approval. Applications that require Planning Board or Zoning Board approval shall have the tree preservation and removal plans as part of the submittal to the Planning Board or Zoning Board. Tree preservation and removal plans shall contain the following:

(a) The name and address of the applicant.

(b) The name and address of the owner of the property from which the trees are to be removed.

(c) The lot and block of the property.

(d) The shape and dimensions of the lot or parcel, including the location of all existing and proposed easements. If the tree removal approval is for a single-family residence, the plan shall consist of a tree location sketch containing the minimum amount of pertinent information to enable the determination of compliance with the regulations in this chapter, including the information set forth in Subsections F(1)(d)1, 2, 6 and 8 below. The plan for any other property shall include a survey prepared by a licensed land surveyor that contains tree locations. The survey shall contain, at a scale of no less than one inch equals 50 feet, the following information:

1. The existing and proposed tree preservation limits.

2. The proposed limit of the clearing and all individual trees to be retained outside the tree clearing identified, such as flagging, prior to the field inspection. All trees within the limits of clearing/removal that are four inches and greater shall be inventoried with species noted.

3. The installation and limits of a temporary existing tree protection fence along the limits of the proposed tree removal shall be in compliance with Subsection J.

4. Locations of all forest types shall be identified by common and botanical names of dominant tree species.

5. All specimen and historic trees to be removed shall be indicated on the plan. All reasonable efforts shall be made to preserve such trees, including, but not limited to, if feasible, relocation of infrastructure, roadways and buildings. Removal of such trees shall require specific written approval of the governing body with consideration of the DPW's recommendations.

6. A proposed tree replacement plan in accordance with § 550-117. A tree replacement plan is required and shall not count towards the minimum landscape plan or buffering requirements for any subject property.

7. A North arrow.

8. The location of existing and proposed structures and improvements, if any.

G. Criteria for issuance of removal approvals.

(1) Upon completion of a field inspection and review (if deemed necessary) of any requested removals, the Township shall approve the removal request if:

(a) The tree preservation and removal plan is compliant with Subsection F;

(b) The tree replacement plan is approved by the Township;

(c) None of the conditions set forth below in Subsection G(2) below exists;

(d) At least one of the criteria as follows has been satisfied:

1. The tree is located in an area where a structure or improvements will be placed in accordance with the approval of Planning/Zoning Boards and the tree cannot be relocated on the site because of age, type or size of the tree.

2. The tree is dead, diseased, injured, in danger of falling, is too close to existing or proposed structures, interferes with existing utility service, creates unsafe vision or clearance or conflicts with other ordinances or regulations.

3. The tree is to be removed for harvesting as a commercial product or for the purpose of making land available for farming or other agricultural activity, or is to be removed in furtherance of a forest management plan or soil conservation plan, or to serve some other purpose which is consistent with the purposes of § 550-117.

(2) The Township may deny a request if the removal will contribute to extra runoff of surface water onto adjacent properties, erosion or silting, and such conditions are not otherwise satisfactorily abated, or if the tree removal causes:

(a) Impairment to the growth or development of remaining trees on the applicant's property or upon adjacent properties;

(b) Soil instability;

(c) Dust;

(d) Drainage or sewerage problems;

(e) Dangerous or hazardous conditions; or

(f) Depression of the value of adjacent properties.

H. Fees.

(1) Tree Escrow Fund.

(a) A Tree Escrow Fund exists and is maintained by Hamilton Township to receive and disburse replacement tree contributions. Appropriations from the Tree Fund shall be authorized by the Hamilton Council.

(b) The primary purpose of said fund is to provide funds for the planting, reforestation and maintenance of trees on public property.

I. Tree replacement.

(1) Tree replacement schedule.

(a) Any tree removed pursuant to a tree removal notification shall be replaced as provided below, unless said tree is located in an exempt area, is dead or fatally diseased as determined by a certified tree expert, or tree replacement payment is made. Tree replacement shall be required in accordance with the standards set forth in ANSI Z60.1, American Standard for Nursery Stock.

(b) Any residential tree removed pursuant to this chapter, unless exempt under Subsection D, shall be replaced based on the following.

1. For each tree removed with a size between 4" caliper and 10" caliper — one tree not less than 1 3/4" to 2" caliper shall be replanted on the same property or pay a fee of $400 per tree.

2. For each tree removed with a size between 10" caliper and 16" caliper — two trees not less than 1 3/4" to 2" caliper shall be replanted on the same property or pay a fee of $400 per tree.

3. For each tree removed with a size between 16" caliper and 23" caliper — three trees not less than 1 3/4" to 2" caliper shall be replanted on the same property or pay a fee of $400 per tree.

4. For each tree removed with a size between 23" caliper and 30" caliper — four trees not less than 1 3/4" to 2" caliper shall be replanted on the same property or pay a fee of $400 per tree.

5. For each tree removed greater than 30" caliper — five trees not less than 1 3/4" to 2" caliper shall be replanted on the same property or pay a fee of $400 per tree.

(c) In cases where the tree cost requirement criteria is combined with other criteria of § 550-117, the value of proposed shade, ornamental and evergreen material shall be deducted from the calculated amount for replacement trees. The value of the proposed landscape material shall be calculated based upon average local material costs for planting.

(d) All street tree replacements are a one for one replacement value and requires coordination with the Township.

(e) All trees removed on commercial property (non-residential) shall be replaced on a one to one basis, as determined by the site's previously approved site plan or other approvals.

(f) Tree Replacement Values will be reviewed and adjusted on an annual basis, and if necessary, adjusted to reflect current costs.

(g) All replacement trees may be planted on site, unless all of the replacement trees cannot be physically accommodated. In such instance, the applicant shall pay the tree replacement fee in accordance with the schedule noted above.

(h) For wooded lots, natural wooded settings and contiguous forested areas, refer to § 550-117K(4) below for fees.

(2) Replacement trees planted on the subject commercial or industrial property (non-residential) shall be planted within one year of tree removal or be installed prior to obtaining a certificate of occupancy for new buildings erected on site and shall be covered by a two-year maintenance guarantee/bond once all trees are installed. Replacement trees planted on residential property (single lots) shall be planted within one year of tree removal and a warranty shall be provided by the nursery supplier or installer for one full year after installation. If replacement trees die during a warranty or maintenance period the tree shall be replaced in kind.

J. Protection of existing trees during construction.

(1) Prior to construction and any tree removals, suitable tree protective barriers shall be erected (such as fencing minimum four feet in height), and this protection, where required, shall remain until such time as all site work is completed or after issuance of a final certificate of occupancy. In addition, during construction, no attachments or wires shall be attached to any of said trees so protected. Where some grading must take place within the dripline of trees in the protection zone, appropriate measures shall be taken to minimize impact to the trees. Any trees seriously damaged during construction must be professionally treated by an LTE or replaced if the damage is beyond treatment.

(2) The self-supported protective barrier shall be placed at the dripline of any tree along the limit of clearing and around the entire dripline for trees to remain undisturbed within the limit of clearing.

(3) No person, in the construction of any structure or other improvement, shall place solvents, material, construction machinery or temporary soil deposits within the dripline.

K. Preservation of natural features.

(1) 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.

(2) 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.

(3) All trees not otherwise determined to be a hazard or dead tree, which exist on the site, shall be preserved. 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.

(4) Where contiguous areas of trees exist in a natural massing (i.e., wooded lots or large stands of maturing shade trees), a tree removal fee shall be applied. Large-growing deciduous trees shall be planted using a ratio of 100 trees planted for every one acre of woodlands lost. Trees shall be a minimum of 1 1/2 inches to two inches caliper at time of planting. 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 with a replacement tree value of $400 per tree. See § 550-130 for additional standards.

L. Emergencies. In case of emergencies, such as hurricanes, fire, windstorm, ice storm, flood, freezing temperatures or other disaster, or in the case of dead or diseased trees which are a hazard to persons or property, the requirements of the regulations set forth in this chapter may be waived by the Township upon a finding that such waiver is necessary so that the public or private work to restore order on the property in the Township will not be impeded.

M. Stop-work orders.

(1) The Enforcement Agent is hereby authorized to issue stop-work orders to the holder of the tree removal approval in the event that there is:

(a) A failure to comply with the approved plan, such as a site plan, forest management plan or soil conservation plan;

(b) Noncompliance with the tree removal approval granted pursuant to this chapter; or

(c) Noncompliance with the provisions of this chapter.

(2) The stop-work order shall remain in effect until the proper Township representatives have determined that the resumption of work will not violate the plans, approvals or the provisions of this chapter.

N. Enforcement. The Department of Public Works shall oversee all tree removals pursuant to prior notifications/requests received by the applicant. The Department of Public Works or their representative shall conduct adequate inspections of all sites for which a tree removal approval has been issued. Upon the ascertainment of a violation of this chapter, the Department of Public Works shall refer enforcement actions to the Enforcement Agent.

O. Violations and penalties. Any person violating any of the provisions of § 550-117 shall, upon conviction of such violation, be punishable by one or more of the following penalties: by a fine not exceeding $2,000, or by imprisonment for a term not exceeding 90 days, or by a period of community service not exceeding 90 days, in the discretion of the judge. The cutting, destruction or removal of each tree shall be considered a separate violation. Notwithstanding any conviction, all provisions of § 550-117 shall continue to apply.

§ 550-118 Nonconforming lots, structures and uses.

[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.

§ 550-119 Off-street parking, loading areas and driveways.

[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.

[Amended 6-18-2024 by Ord. No. 24-026]

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
Warehouse, private (including multitenant)	1 space per 3,000 square feet of gross floor area
Warehouse, public/self-storage facilities	1 space for every 40 storage units or bays
Wholesale warehouse establishment	Wholesale warehouse establishments, excluding retail use: when wholesale sales to the general public are permitted, 1 parking space per 200 square feet shall be required
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 per current federal requirements in the ADA Standards for Accessible Design.

[Amended 8-20-2024 by Ord. No. 24-031]

(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]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

§ 550-120 Performance standards for all uses.

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.

S. Air pollution. As per Air Pollution Control Code of the Township of Hamilton, adopted January 16, 1978, by Ordinance No. 77-078.[1]

[1] Editor's Note: See Ch. 90, Air Pollution Control.

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.

§ 550-121 Principal uses and buildings.

Unless otherwise specified in this chapter, no more than one principal dwelling or building shall be permitted on one lot.

§ 550-122 Public utilities.

[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.

§ 550-123 Sanitary sewers and septic systems.

[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.

§ 550-124 Signs.

[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.

(19) Except as permitted in Subsection C(17) and (18) above, no signs shall be permitted to be placed or inscribed on a side or rear wall of a 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:

(1) Any temporary real estate sign, subject to Subsection A(9).

(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.

(4) Real estate signs as per Subsection A(9) of this section.

(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.

2. Gasoline filling stations shall be permitted to utilize LED digital displays for gasoline pricing only.

[Amended 7-15-2014 by Ord. No. 14-045[2]]

[2] Editor's Note: This ordinance also repealed original subsection 3, regarding temporary sign placement, which immediately followed this subsection.

(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.

§ 550-125 Streets, curbs, sidewalks and bike paths.

[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.

§ 550-126 Swimming pools.

[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.

B. A private residential swimming pool area must be secured with fencing and/or other safety devices pursuant to the Uniform Construction Code (UCC).[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

§ 550-127 Water supply.

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]

§ 550-128 Yards.

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.

§ 550-129 Rural residential development.

[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.

§ 550-130 Landscaping and buffers.

[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.

§ 550-131 Performance and maintenance guaranties.

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.

§ 550-132 Environmental considerations.

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:

(a) Collect on-site surface runoff and dispose of it into the common natural watercourse of the drainage area.

(b) Handle existing off-site runoff through his development by designing the stormwater system to adequately handle stormwater runoff from a fully developed area upstream.

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.

§ 550-133 Township reservation of land.

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.

§ 550-134 Solid waste disposal and recycling; site and space planning requirements.

[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.

A. Definitions. The definitions provided at Chapter 420, Solid Waste, § 420-17, Definitions and word usage, of the Code of the Township of Hamilton shall be applicable to this section and are incorporated herein by reference.

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.

§ 550-135 Development options in RRC Rural Resource Conservation Zone District.

[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.

§ 550-136 Right to farm.

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]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

(c) If building structures are proposed, the owner/applicant shall provide architectural plans prepared by a professional architect or engineer licensed in the State of New Jersey. All plans shall satisfy the requirements of the New Jersey Uniform Construction Code.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(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.

§ 550-137 Satellite dish antennas.

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.

(a) Satellite dishes located in the rear yard shall observe the minimum setbacks required for accessory structures within the zone district. 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.

(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.

§ 550-138 Child- and infant-care centers.

[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.

§ 550-139 Warehouse design standards.

[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:

(1) Architectural articulation of the facade through the use of fenestration and other similar apertures.

(2) Variations within the horizontal and/or vertical building plane.

(3) Variations in colors and/or types of building materials.

(4) Articulations of foundations and rooflines.

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.

§ 550-140 Telecommunications towers and antennas.

[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. Definitions. As used in this section, the following terms shall have the meanings set forth below:

ALTERNATIVE TOWER STRUCTURE

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.

ANTENNA

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.

BACKHAUL NETWORK

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.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

HEIGHT

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.

PREEXISTING TOWERS and PREEXISTING ANTENNAS

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.

TOWER

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.

(a) The height of the proposed structure must not exceed that of the existing tower or antenna by 30 feet.

(b) Administrative approval may be granted for the addition of communications equipment on 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]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(4) Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Subsection D(6) and (7) unless altered or additional equipment is added to same.

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.

(12) Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection G in this section below.

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.

1. Antennas on predesignated building or structure, provided:

a. The antenna does not extend more than 30 feet above the highest point of the structure;

b. The antenna complies with all applicable FCC and FAA regulations; and

c. The antenna complies with all applicable building codes.

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:

1. In a front yard to meet standards of the applicable zone, as deemed appropriate by the administrative officer, but not less than 15 feet from all lot lines.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

(4) Modification of building size requirements. The requirements of Subsection G(1) through (3) may be modified by the administrative officer in the case of administratively approved uses.

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.

§ 550-141 Steep slopes development; purpose.

[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.

§ 550-142 Renewable-energy-generating facilities.

[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.

(f) Any development of a solar or photovoltaic facility shall comply with § 550-117, Natural features and tree preservation.

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.

(17) Any development of a wind facility shall comply with § 550-117, Natural features and tree preservation.

§ 550-143 Cannabis and medical cannabis establishments.

[Added 7-20-2021 by Ord. No. 21-036; amended 12-21-2021 by Ord. No. 21-069; 5-17-2022 by Ord. No. 22-018; 1-21-2025 by Ord. No. 25-001]

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.

(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.

(7) No class 5 retail cannabis establishment shall be located less than 1,300 linear feet, walking legally door to door from any premises currently holding a Hamilton Township class 5 retail cannabis license.

(8) 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.

(4) Signage. In addition to the requirements of § 550-124, signage design shall not include artistic or photographic renderings of cannabis plants. Signage at the cannabis delivery service shall communicate that the facility is not open to the public. Window signs and advertisements are prohibited.

G. No cannabis establishment or cannabis delivery service shall be permitted to operate as a home occupation or a live/work unit.

§ 550-144 Electric vehicle supply/service equipment.

[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. Definitions. As used in this section, the following terms shall have the meanings indicated:

CERTIFICATE OF OCCUPANCY

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.

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

(1) Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.

(2) Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.

(3) 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.

ELECTRIC VEHICLE

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.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE

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."

MAKE-READY PARKING SPACE

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.

PRIVATE EVSE

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).

PUBLICLY ACCESSIBLE EVSE

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.

(3) Notwithstanding the provisions of § 550-144E below, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.

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.

(4) Additional installation of EVSE and make-ready parking spaces above what is required in § 550-144D above may be encouraged, but shall not be required in development projects.

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:

1. Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;

2. Usage fees and parking fees, if applicable; and

3. Contact information (telephone number) for reporting when the equipment is not operating or other problems.

(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.

§ 550-145 Hotel design standards.

[Added 6-18-2024 by Ord. No. 24-026]

Structures developed for hotels, as defined in § 550-7, shall be designed according to the following guidelines:

A. The maximum height for hotel structures shall be increased to a maximum of 50 feet.

B. The minimum number of rooms shall be 100.

§ 550-146 through § 550-160. (Reserved)