A.
The Residential Site Improvement Standards (N.J.A.C. 5:21) shall govern any site improvements carried out or intended to be carried out or required to be carried out in connection with any application for any subdivision, site plan approval, or variance before any Planning Board created pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) to the extent as provided in Chapter 26, Zoning, Section 2629 Parking, Number of Spaces Table 26.2.
B.
Except as is otherwise specifically provided, these rules shall control
all matters concerning the construction, alteration, addition, repair,
removal, demolition, maintenance, and use of any site improvements
constructed by a developer. The rules are to be interpreted as the
minimum required to ensure public health and safety, and the maximum
that may be required in connection with development.
C.
These rules shall apply to all site improvement work and appurtenant
construction including streets, roads, parking facilities, sidewalks,
drainage structures, grading, and utilities which are undertaken by
a developer.
[1]
See NJ Residential Site Improvements — N.J.A.C. 5:21
[Ord. No. 2010-17]
A.
Introduction. The requirements of this Historic District Review Ordinance shall apply to all development, including new construction, repair, renovation, alteration, reconstruction, demolition, relocation, and additions to existing buildings, structures, real property, natural objects or configurations or any portion or group of the foregoing which are located in the Flemington Borough Historic District, or specifically identified as historic sites within the Historic Preservation Plan of the Master Plan pursuant to N.J.S.A. 40:55D-28b(10). These requirements do not apply to normal maintenance (including in-kind repair of existing building features, repainting of existing color schemes, in-kind repair of an existing roof, etc.). Prior to construction or alteration of buildings or structures in the Historic District, an Application for Review by the Flemington Historic Preservation Commission must be submitted to the Flemington Borough Clerk, and the project must be reviewed at one of the Commission's regularly scheduled meetings. See Chapter 14 of the Flemington Borough Land Development Ordinance for additional information regarding project review.
B.
The purposes of the Historic District Review Ordinance include:
1.
Safeguarding the heritage of Flemington Borough by preserving its
historical, cultural, social, economic and architectural resources;
2.
Encouraging the continued use of historic buildings, structures and
sites and to facilitate their appropriate re-use;
3.
Maintaining and developing a harmonious setting for the historically
significant buildings, structures, sites, objects and District;
4.
Preventing the unnecessary demolition or relocation of historic resources;
5.
Preventing new construction or development which is not in keeping
with or that negatively impacts the ambience and character of the
Historic District;
6.
Encouraging the proper maintenance, per the Borough's existing Property Maintenance Code Chapter 9B, and preservation of buildings, structures and sites within the Historic District so as to promote Flemington Borough as an attractive area to live, work and visit;
7.
Protecting and enhancing property values;
8.
Promoting civic pride in and appreciation of Flemington Borough's
historic resources for the education, pleasure and welfare of its
citizens and visitors; and
9.
Fostering beautification and private reinvestment.
C.
General Guidelines.
1.
Building Design. All development that is situated within the Flemington
Borough Historic District and all development that affects individual
historic sites shall be designed to reflect the design vocabulary,
massing, proportion, directional expression, height, width, scale,
orientation, windows, roof, details and materials of vernacular 18th
and 19th and early 20th-century styles found in the Borough of Flemington.
These styles include Georgian, Federal, Greek Revival, Gothic Revival,
Italianate, Second Empire, Queen Anne, Shingle, Romanesque Revival,
Colonial Revival, Neoclassical and Tudor Revival styles. Acceptable
styles and examples from the relevant periods can be found within
the following references, which are maintained for review in the Borough
Hall and the Public Library:
a.
Historic District Guidelines; Flemington Historic Preservation Commission
(McCormick Taylor, 2006): See for definitions of general architectural,
style and building terminology, as well as more detailed design recommendations.
b.
What Style Is It? A Guide to American Architecture (Poppeliers, John
C., John Wiley & Sons, Inc., 1983)
c.
A Field Guide to American Houses (McAlester, Knopf, 1984)
d.
Identifying American Architecture (Blumenson, Norton)
e.
The Secretary of the Interior's Standards for the Treatment
of Historic Properties (www.nps.gov/history/hps/tps/standards_guidelines.htm):
See for definitions regarding historic preservation terminology including
"preservation," "restoration," "rehabilitation," "reconstruction,"
"renovation," etc.
2.
Procedures for review by the Flemington Historic Preservation Commission are contained within Chapter 14 of the Flemington Borough Land Development Ordinance.
3.
New buildings are not required to copy historic examples. Individual
architectural expressions that incorporate the stylistic tenets of
historical buildings are acceptable, provided that the design principles
in the above references are adhered to. New buildings shall show a
harmony of design with their surroundings, and any shapes, massing,
materials, signs, lighting, colors and other characteristics which
might cause a new building to call excessive attention to itself and
create disharmony within the historic district, shall be avoided.
4.
All buildings shall be related harmoniously to the context of the
site, the neighborhood as a whole and to existing buildings and other
structures in the vicinity that have a visual relationship to the
proposed building or buildings. The achievement of such relationship
may include the enclosure of space in conjunction with other existing/proposed
buildings or the creation of focal points. With respect to public
spaces, building design/orientation may have to be adjusted in order
to maintain a positive spatial relationship or to preserve visual
access to community focal points, either natural or man-made.
5.
The selection of building design elements, for example in the use
of materials, windows, color, texture, and other design considerations,
should ensure that such treatment is generally consistent with traditional
and vernacular 18th and 19th and early 20th- century architectural
styles. If the applicant is an existing building, the design elements
shall be consistent with the existing building's style and configuration.
6.
Building additions and renovations should be designed to reflect
the existing building in terms of scale, materials, massing, window
and door configuration and color.
7.
Appearance of the side and rear elevations of buildings shall receive
architectural treatments comparable to that of any proposed front
façade only if said elevations are generally within the public
view.
8.
Buildings should, where appropriate, strengthen the particular design
features of their neighborhood by, for example, reinforcing the "street
wall", or continuing a particular design feature or statement. Such
construction should complement the existing historic building designs
in the Borough.
9.
Buildings deemed to be "Significant" and indicated as such on the
Flemington Historic District Map, shall be reviewed with particular
care and have special requirements that are described later in this
section (see Subsection C7). These are buildings that have been determined
to be particularly important to the character of the Historic District.
10.
Buildings located on Main Street, from the Traffic Circle to the
Monument, along East Main Street to Hopewell Avenue, as well as North
Main Street from the Monument to Hopewell Avenue, are also considered
to be particularly important to the character of Flemington and the
Historic District, partly through their location along the busiest
thoroughfare and partly from the quality of buildings along this route.
Many of these structures are indicated to be "Significant" on the
Flemington Historic District Map. Because of the importance of this
area to the character of the Borough, all of these buildings will
be reviewed with particular care. Some buildings that are particularly
prominent or visible may be reviewed using the same criteria as "Significant"
structures, even if they are not listed as such on the Historic District
Map.
11.
Contemporary designs for new buildings and for additions to existing
buildings or landscaping in the Historic District are not discouraged
if such designs are compatible with the character, scale and materials
of the neighborhood and its environment.
12.
New additions or alterations to buildings should be done in such
a manner that they reflect the materials, massing and scale of the
existing building. In addition, alterations and additions should be
designed such that they are reversible, i.e. that if they were to
be removed in the future, the essential form and integrity of the
original building would be unimpaired.
13.
Exterior alterations should not destroy the distinguishing qualities
or character of the property and its environment, and the removal
or alteration of any historical material or architectural features
is not permitted.
14.
Deteriorated architectural features should be repaired rather than
replaced wherever possible, and in the event replacement is necessary,
the new material should match the material being replaced in composition,
design, color, texture and other visual qualities.
15.
Repair or replacement of missing architectural features should be
based on accurate duplication of original features, substantiated
by physical or pictorial evidence rather than on conjectural designs
or the availability of different architectural features from other
buildings.
16.
Wherever possible, there should be compliance with the standards
set forth in the "Secretary of the Interior's Standards for the
Treatment of Historic Properties", as periodically amended and available
through the National Park Service.
17.
Alternative Materials. The use of nonhistoric, alternative materials
may be considered under certain circumstances. These materials include,
but are not limited to: vinyl or composite siding (smooth finish only);
vinyl, fiberglass or composite railings and porch columns, particularly
when these materials are paintable; fiberglass or composite trim,
brackets or moldings; composite porch floor decks; vinyl, clad, or
aluminum windows and doors; fiberglass/asphalt shingle roofing; etc.
The use of these materials will be limited on all buildings or structures
deemed to be "Significant" on the Flemington Historic District Map,
or that are located along Main Street, from the Traffic Circle to
the Monument, along East Main Street to Hopewell Avenue, as well as
North Main Street from the Monument to Hopewell Avenue, as indicated
in Subsection C10 above. Specifically, the use of vinyl siding or
windows and doors of alternative materials will be prohibited on the
public sides of "Significant" structures. Where visible roofs need
to be replaced on "Significant" structures, using replacement materials
and methods that match the historic materials is preferable. If the
use of historic materials is not feasible, particular care will be
taken in selecting alternative materials that match the historic appearance
as closely as possible. Composite materials that are painted and that
match the configuration of the historic materials are considered to
be more acceptable than other replacement materials. Buildings in
other parts of the Historic District that are considered to be "Contributing",
"Non-Contributing" or "Encroaching" will be permitted to use alternative
materials, provided that the following conditions are met:
a.
Vinyl or composite siding shall be smooth (i.e. not textured) and
shall be of a scale and color compatible with the buildings in the
immediate vicinity of the applicant property. Existing decorative
trim shall not be removed or covered by new vinyl siding or trim casing.
This trim shall be retained and repaired so that the building's
distinguishing historic features shall remain.
b.
Replacement windows and doors shall fit the existing openings exactly,
and shall be configured to match the historic appearance and detail.
Existing window and door openings shall not be "infilled" or made
smaller to accommodate standard window or door sizes.
c.
Alternative materials may only be used to replace existing porches
if the historic porch is not repairable, if the new porch configuration
and appearance closely matches the original, and if the new materials
that are clearly visible from a public way are painted. The Commission
will consider additional new materials as they become available.
d.
Alternative materials may be considered for visible roofs when existing
slate, copper, wood shakes, etc., are shown to be beyond repair. The
alternative materials on the visible facades shall match the existing
appearance as closely as possible. Alternative materials are acceptable
to be used on roofs that are not visible from public streets.
18.
Sustainable Energy Sources and Energy Efficiency. This Ordinance
is not intended to discourage the installation and use of sustainable
energy sources, including solar panels, geothermal wells and wind
turbines, provided that the installations meet all required building,
zoning and safety codes, etc., and that they are installed to have
as minimal an impact on the visible portions of the historic property
as possible. Particular care shall be taken to reduce the impact on
buildings listed as "Significant" on the Flemington Historic District
Map or that are located along Main Street, from the Traffic Circle
to the Monument, along East Main Street to Hopewell Avenue, as well
as North Main Street from the Monument to Hopewell Avenue.
19.
This Ordinance is not intended to discourage the improvement of the
energy efficiency characteristics of the historic structures in Flemington.
However, where energy efficiency improvements are being considered,
care should be taken to reduce negative impacts on the historic character
of the building. In particular on all buildings or structures deemed
to be "Significant" on the Flemington Historic District Map, or that
are located along Main Street, from the Traffic Circle to the Monument,
along East Main Street to Hopewell Avenue, as well as North Main Street
from the Monument to Hopewell Avenue, it is important to keep, repair
or restore existing character-defining features that affect energy
efficiency, including original doors and windows. Energy efficiency
improvements for these features can be achieved through weather-stripping,
interior storm windows, appropriate exterior storm windows or doors
and other appropriate measures. See the Borough's "Historic District
Guidelines" for suggestions.
20.
Additional Matters Considered. In regard to all applications, additional
pertinent matters may be considered, but in no instance shall interior
arrangements be considered except as it may result in exterior changes
important to the integrity of the historic structure, such as additions,
chimneys, roof design, blocking of windows or similar changes.
D.
Building Massing and Scale of New Buildings and Additions.
1.
Scale of Building. The size of a proposed building or addition and
the mass of a proposed building or addition in relation to open spaces,
the windows, door openings, porches and balconies shall be visually
compatible with the other buildings and built features to which it
is visually related.
2.
On proposed buildings and additions, long, horizontal facades should
be broken down into segments having vertical orientation and tall
vertically oriented facades shall be broken down into horizontal components
through use of appropriate design features in proportions complementary
to the overall architecture and design.
3.
New buildings or additions with expansive blank walls are prohibited,
particularly on sides of the building facing public ways.
4.
New buildings and additions should be designed so that facades are
the prominent architectural feature and the roofs are visually less
dominant in the total design. Architecturally accurate roof styles
shall be consistent with the surrounding historic context.
5.
A pedestrian scale should be achieved at ground level and along street
frontages and entryways through the use of such scale elements as
windows, doors, columns, plazas, awnings, canopies, and site furnishings.
6.
In new infill construction, the alignments of proposed facades shall
be consistent with the existing setback of nearby buildings to the
extent permitted by this Ordinance.
7.
Height. The height of any proposed structure and landscaping shall
be visually compatible with adjacent structures.
8.
Proportion of Building's Front Façade. The relationship
of the width of any new building or addition to the height of the
front elevation shall be visually compatible with the nearby buildings
and structures.
9.
Proportion of Openings. The relationship of the width of windows
to the height of windows in a new building or addition shall be visually
compatible with the nearby buildings and structures.
10.
Rhythm of Solids to Voids on Facades Fronting on Public Places. The
relationship of solids to voids in facades of new or altered buildings
shall be visually compatible with the nearby buildings and structures.
11.
Rhythm of Spacing of Structures on Streets. The relationship of any
new structure to the open space between it and adjoining structures
shall be visually compatible with the nearby buildings and structures.
12.
Rhythm of Entrance and/or Porch Projection. The relationship of new
or renovated entrances and porch projections to the street shall be
visually compatible with the nearby buildings and structures.
13.
Roof Shapes. The roof shape of a new building or addition shall be
visually compatible with nearby buildings and structures.
14.
Walls of Continuity. Features of a proposed building or addition,
such as walls, open-type fencing, evergreen landscape masses, shall
form cohesive walls of enclosure along a street, to the extent necessary
to maintain visual compatibility of any structure with the nearby
buildings and structures.
15.
Directional Expression of Front Elevation. A new or altered building
shall be visually compatible with nearby buildings and structures,
whether this is a vertical, horizontal or nondirectional character.
E.
Facade Treatment.
1.
The Flemington Historic Preservation Commission is particularly concerned
with elevations of buildings that are visible from public ways. Rear
and side elevations that are not visible will have greater flexibility
in terms of design and materials.
2.
Multi-tenant buildings shall provide uniform store fronts, doorways,
windows, awnings and other design features for all ground floor tenants.
Upper floors of said buildings shall at a minimum be coordinated with
the ground floor through common materials and colors.
3.
New buildings should use windows of similar sizes and shapes or incorporate
other façade elements that establish the same pattern as other
buildings in the immediate area.
4.
Design elements that carry through a block such as store front patterns,
window spacing, entrances, canopies or awnings, etc., should be incorporated
into new or renovated facades.
5.
Exterior mounted mechanical and electrical equipment (e.g. air conditioning
units, satellite dishes, etc.) shall be located so that they are not
visible from public ways, or shall be completely screened from public
view with opaque architectural elements that are unobtrusive and visually
compatible with the character of the Historic District and the nearby
structures.
6.
Facade renovations should be consistent with the original architectural
style of the building. Original details should be retained; when it
becomes necessary to introduce new features, they should harmonize
with existing features. If windows and doors must be replaced, new
windows and doors that match the original design should be used. Window
and door sizes and shapes should not be altered by any building renovation.
Changes to window and door sizes and configurations may be considered
if a building is being restored to an earlier, documented, historic
appearance. In buildings that are listed as Significant or which are
located along Main Street, from the Traffic Circle to the Monument,
along East Main Street to Hopewell Avenue, as well as North Main Street
from the Monument to Hopewell Avenue, replacement doors, windows and
trim on the visible facades should match the original materials. On
other buildings, alternative materials may be used. See Subsection
C10 for more information.
7.
The use of overly dramatic and/or intrusive lighting designs and
fixtures is not permitted.
F.
Building Materials, Colors and Texture.
1.
On existing buildings, original materials shall be retained wherever
possible. No existing brick or stone shall be covered for cosmetic
reasons, and the repair and restoration of existing materials deemed
of architectural value is strongly encouraged. Great care shall be
taken in the cleaning and repair of existing materials. The gentlest,
effective means shall be used in all cases. "Sandblasting" and other
abrasive cleaning techniques, as well as harsh chemical cleaning methods
are not to be used under any circumstances.
2.
Where appropriate, building renovations shall incorporate elements
of the original structure into the renovation design.
3.
The use of brick, stone, clapboard, shakes and other façade
materials of a traditional and vernacular nature is strongly encouraged.
In general, a maximum of 2 principal facade materials shall be permitted
for new structures.
4.
Flat, metal panels and mirrored glass surfaces are prohibited on
all existing, historic buildings, as are flush metal, composite or
wood doors on visible facades. On buildings indicated as "Significant"
on the map of the Flemington Historic District or buildings located
along Main Street, from the Traffic Circle to the Monument, along
East Main Street to Hopewell Avenue, as well as North Main Street
from the Monument to Hopewell Avenue, the use of vinyl or aluminum
siding on facades visible from public ways shall also be prohibited.
5.
The painting of buildings in patterns, checks, stripes or overly
bold colors is not permitted.
6.
The use of colors generally associated with traditional building
design is required on all buildings. Accent or complementary colors
which harmonize with the main façade colors shall be permitted
for trim, awning and other building details. Acceptable paint colors
from the relevant periods can be found within the following reference,
which is maintained for review in the Planning Office: Paint in America,
the Colors of Historic Buildings (Moss, Roger, John Wiley & Sons,
Inc., 1994)
7.
Relationship of Materials, Texture and Color. The relationship of
materials, texture and color of the facade and roof of a building
shall be visually compatible with the predominant materials used in
the buildings to which it is visually related, especially those immediately
adjacent.
G.
Demolition.
1.
The integrity of historic districts depends on the preservation and
retention in situ of the original historic structures. Therefore,
the review of applications for the demolition or partial demolition
of any structure within the Flemington Historic District will be undertaken
with the greatest care. The demolition or partial demolition of any
structure deemed Contributing or Significant in the Historic District
is not permitted, except when public health or safety is at risk,
as certified by a licensed structural engineer.
2.
Applications to demolish any structure within the Historic District
must be presented to the Flemington Historic Preservation Commission
and must address the following issues, as well as any other factors
the Historic Preservation Commission considers to be relevant:
a.
The structure's historic, architectural and aesthetic significance;
b.
Its current use;
c.
Its condition;
d.
Its importance to the municipality and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the public interest;
e.
The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it could not be reproduced
or could be reproduced only with great difficulty;
f.
The extent to which its retention would promote the general welfare;
g.
The extent to which its retention would encourage study and interest
in Flemington's history, stimulate interest and study in architecture
and design, educate citizens in American culture and heritage, or
make the municipality a more attractive and desirable place in which
to live; and
h.
The probable impact of its removal upon the character and ambience
of the Historic District.
H.
Relocation of Structures Out of the Flemington Historic District.
1.
The integrity of historic districts depends on the preservation and
retention in situ of the original historic structures. Therefore,
the review of applications for the relocation of any structure currently
located within the Flemington Historic District to a location outside
of the District will be undertaken with the greatest care. The relocation
of any structure deemed Contributing or Significant in the Historic
District is generally not permitted, except when public health and
safety is at risk.
2.
Applications to relocate any structure currently located within the
Flemington Historic District to a location outside of the District
must be presented to the Flemington Historic Preservation Commission
and must address the following issues, as well as any other factors
the Historic Preservation Commission considers to be relevant:
a.
The structure's historic, architectural and aesthetic significance;
b.
Its current use;
c.
Its condition;
d.
The extent of the historic and architectural loss to the site and
District that results from moving the structure from its original
location;
e.
The reasons for not retaining the structure at its present site;
f.
The proximity of the proposed new location to Flemington Borough,
including the accessibility by the residents of Flemington Borough
and other citizens;
g.
The probability of significant damage to the structure during the
relocation.
h.
The extent to which its retention would encourage study and interest
in Flemington's history, stimulate interest and study in architecture
and design, educate citizens in American culture and heritage, or
make the municipality a more attractive and desirable place in which
to live; and
i.
The probable impact of its relocation upon the character and ambience
of the Historic District.
I.
Relocation within Flemington Borough.
1.
The integrity of historic districts depends on the preservation and
retention in situ of the original historic structures. Therefore,
the review of applications for the relocation of any structure currently
within the Flemington Historic District to another location within
the District will be undertaken with the greatest care. The relocation
of any structure deemed Contributing or Significant in the Historic
District is not permitted.
2.
Applications to relocate any structure currently located within the
Flemington Historic District to another location within the District
must be presented to the Flemington Historic Preservation Commission
and must address the following issues, as well as any other factors
the Historic Preservation Commission considers to be relevant:
a.
The structure's historic, architectural and aesthetic significance;
b.
Its current use;
c.
Its condition;
d.
The extent of the historic and architectural loss to the site and
District that results from moving the structure from its original
location;
e.
The reasons for not retaining the structure at its present site;
f.
The probability of significant damage to the structure during the
relocation;
g.
The extent to which its retention would encourage study and interest
in Flemington's history, stimulate interest and study in architecture
and design, educate citizens in American culture and heritage, or
make the municipality a more attractive and desirable place in which
to live;
h.
The probable impact of its relocation upon the character and ambience
of the Historic District; and
i.
The compatibility, nature and character of the current and of the
proposed surrounding areas as they relate to the intent and purposes
of this Ordinance.
J.
Other Requirements.
1.
Signage. Appropriately designed signage can be an important design feature in the Historic District. A member of the Historic Preservation Commission is appointed by the HPC Chair to the SRC (Sign Review Committee) and participates in the review of proposed signage on properties within the Historic District, whether or not they will be attached to a structure. Relatively small, painted signage either mounted to the face of the building as part of the storefront design, or perpendicular to the face of the building, is encouraged. Large, contemporary, neon or neon-like, or plastic internally illuminated signs are not permitted, as are signs that conceal important architectural features. All signs must also meet the requirements of the Flemington Land Development Ordinance, Chapter 26, Zoning.
[Amended 6-10-2019 by Ord. No. 2019-12]
2.
Awnings. Appropriately designed awnings may be acceptable on residential
and nonresidential buildings. All awnings shall be constructed and
installed so that the frame and fabric of the awning is integrated
into the overall building design. Awnings shall not extend beyond
a dimension appropriate with the size and scale of the subject building.
Awnings shall not be placed so as to conceal or disfigure any architectural
feature or detail. Awning materials shall be limited to cloth, canvas
and similar materials; metal and aluminum awnings are prohibited.
Plastic and/or internally illuminated awnings are also prohibited.
Awnings may be solid or striped, but colors shall complement the façade
colors. If the building has several tenants, the overall awning design
should be consistent and compatible across the entire façade.
3.
Public Art. All art visible from public ways, including murals, outdoor
sculpture, etc., that is being permanently attached or applied to
structures in the Historic District shall be reviewed by the Flemington
Historic Preservation Commission for compatibility with the design
of the building and neighboring structures.
4.
Street Furniture. The installation of all street furniture, including
benches, fencing, trash cans, lighting, planters, etc., that is visible
from public ways must be reviewed by the Flemington Historic Preservation
Commission. The items should be selected to fit the scale, materials
and character of the Historic District.
5.
Building and Accessibility Codes. The Flemington Historic Preservation
Commission does not review applications for compliance with relevant
building or accessibility codes. Compliance with these codes is the
responsibility of the applicant. The Flemington HPC review in no way
supersedes or alters building code or accessibility requirements,
although these codes, including the Rehabilitation Subcode and Barrier
Free Subcode of the Uniform Construction Code of the State of New
Jersey, take into account existing conditions and the special characteristics
of historic buildings. Any changes to the exterior of a building in
the Flemington Historic District that are necessitated by requirements
of building and handicapped accessibility codes should be designed
to complement the character and style of the existing building to
the greatest degree possible.
K.
Violations and Penalties.
1.
Any person who undertakes an activity which would cause a change
in the exterior architectural appearance of any improvement within
the Flemington Historic District or on any individually listed structure
by addition, alteration, relocation, demolition or replacement without
obtaining the approval of the Flemington Historic Preservation Commission
shall be deemed to be in violation of this Ordinance.
2.
Upon learning of the violation, the Construction Official for Flemington
Borough shall personally serve upon the owner of the lot or property
whereon the violation is occurring a notice describing the violation
in detail and giving the owner 10 days to abate the violation by restoring
the property, structure or improvement to the condition it was in
prior to the violation occurring. If the owner cannot be personally
served within the municipality with this notice, a copy shall be posted
on the site and a copy sent to the owner at his or her last known
address as it appears on the municipal tax rolls.
3.
In the event that the violation is not abated within 10 days of service
or posting on site, whichever is earlier, the Construction Official
shall cause to be issued a summons and complaint, returnable in the
Municipal Court, charging violation of this Ordinance and specifying
the wrongful conduct of the violator. Each separate day the violation
exists past the initial 10 day abatement period shall be deemed to
be a new and separate violation of this Ordinance.
5.
If any person undertakes activity which would cause a change to the
exterior architectural appearance of any structure within the historic
district or of any structure individually listed as historically significant
within the Borough of Flemington by addition, alteration or replacement
without first having obtained the approval of the Historic Preservation
Commission, he or she shall be required to immediately stop the activity,
apply for approval and take any necessary measures to preserve the
historic structure affected, pending a decision. If the proposed project
is denied, the historic structure shall be immediately restored to
its pre-activity condition. The Construction Official is authorized
to seek injunctive relief regarding a "stop action" on the activity
in the Superior Court, Chancery Division, not less than 10 days after
the delivery of notice pursuant to Subsection K2 above. Such injunctive
relief shall be in addition to the penalties authorized in Subsection
K4 above.
[Ord. No. 2010-17]
A.
Every applicant for subdivision or site plan approval shall comply
with the following minimum standards, except that, with respect to
the alternative design concepts set forth below, the applicant may
choose between the concepts or present an alternate design equal or
superior to the design concepts in terms of quantity of landscaping
materials and suitability to the site and to the proposed development.
The approving Board may require additional landscaping, if necessary,
to create an appropriate landscaping scheme for the site, given the
nature of the site and the proposed development thereof. Where subdivisions
only are applied for, the minimum standards shall apply only to street
trees and to common open space and areas proposed to be dedicated
to the public.
[Ord. No. 2012-01]
1.
General. Landscape plans shall conform to the following general design
principles:
a.
Use landscaping to accent and complement building, e.g., groupings
of tall trees to break up long, low buildings and lower plantings
for taller buildings.
b.
Locate landscaping to provide for climate control, e.g., shade trees
on the south to shield the hot summer sun and evergreens on the north
side for windbreaks.
c.
Provide for a variety and mixture of landscaping. The variety shall
consider susceptibility to disease, colors, season, textures, shapes,
blossoms, and foliage.
d.
Local soil conditions and water availability shall be considered
in the choice of landscaping.
e.
Consider the impact of any proposed landscaping plan at various time
intervals so that, e.g., shrubs do not grow and eventually block sight
distances or encroach upon road or sidewalks.
f.
All landscape plants shall be typical full specimens conforming to
the American Association of Nurserymen Standards and/or Landscape
Plans and Specifications for quality and installation.
g.
Assure that no aspect of the landscape design inhibits access to
a development by emergency vehicles.
2.
Street Trees. Street trees shall be provided for all streets.
a.
Spacing between trees shall be 40 feet on center.
b.
The use of more than one variety of street tree along a roadway shall
be provided in order to avoid problems to be associated with monoculture.
c.
Trees shall be planted in groupings of similar varieties. Use trees
of similar form, height and character along a roadway to promote uniformity
and allow for smooth visual transition between species.
d.
Tree variety selection shall be based upon on-site conditions and
tree suitability to these conditions. The Street Tree Selection Guide
with the approved street tree list shall be followed.
|
STREET TREE SELECTION GUIDE
Shade Trees for Street Planting
| ||||
|---|---|---|---|---|
|
Species
|
Mature Height
Tall (more than 40')
Medium (30-40')
Small (less than 30')
|
Value as a Street Tree
|
Comments
| |
|
Botanical Name
|
Common Name
| |||
|
Acer campestre
|
Hedge Maple
|
Small
|
Moderate
|
Globe shaped, urban tolerant
|
|
Acer rubrum
|
Red Maple
|
Tall
|
Excellent
|
Globe shaped, wet site tolerant, invasive roots
|
|
A. rubrum 'Columnare'
|
Columnar Red Maple
|
Tall
|
Moderate
|
Columnar, wet site tolerate, invasive roots
|
|
A. rubrum 'October Glory'
|
October Glory Red Maple
|
Tall
|
Excellent
|
Broad oval shape, wet site tolerant, good fall color
|
|
A. rubrum 'Scanlon'
|
Scanlon Red Maple
|
Medium
|
Excellent
|
Columnar, wet site tolerant, urban intolerant
|
|
Acer saccharum
|
Sugar Maple
|
Tall
|
Excellent
|
Broad oval shape, urban intolerant
|
|
A. saccharum 'Columnare'
|
Columnar Sugar Maple
|
Tall
|
Excellent
|
Columnar, urban intolerant
|
|
A. saccharum 'Green Mountain'
|
Green Mountain Sugar Maple
|
Tall
|
Excellent
|
Broad oval shape, urban intolerant
|
|
A. saccharum 'Temple's Upright'
|
Temple's Upright Sugar Maple
|
Tall
|
Moderate
|
Columnar, urban intolerant
|
|
Aesculus carnea 'Brioti'
|
Ruby Horsechestnut
|
Medium
|
Moderate
|
Globe shaped, red flowers, urban tolerant
|
|
Aesculus hippocastanum 'Baumanni'
|
Double Flowering Horsechestnut
|
Tall
|
Moderate
|
Narrow conical shape, double white flowers, urban tolerant
|
|
Carpinus betulus
|
European Hornbeam
|
Small
|
Moderate
|
Broad oval shape, urban tolerant
|
|
Carpinus betulus 'Fastigiata'
|
Pyramidal European Hornbeam
|
Medium
|
Moderate
|
Columnar shape, urban tolerant
|
|
Carpinus caroliniana
|
American Hornbeam
|
Small
|
Moderate
|
Spreading shape, difficult to transplant
|
|
Celtis occidentalis
|
Common Hackberry
|
Tall
|
Moderate
|
Globe shaped, wet site, dry site, urban tolerant
|
|
Cladrastis kentukea (lutea)
|
Yellowwood
|
Medium
|
Moderate
|
Globe shaped, white flowers in early summer
|
|
Fraxinus americana
|
White Ash
|
Tall
|
Excellent
|
Globe shaped, urban tolerant, spray for borers
|
|
Fraxinus pennsylvanica "Marshall's Seedless'
|
Marshall's Seedless Green Ash
|
Tall
|
Excellent
|
Wet site, urban tolerant, spray for borers
|
|
Gleditsia triacanthos inermis 'Shademaster'
|
Shademaster Thornless Honeylocust
|
Tall
|
Moderate
|
Broad oval shape, mimosa webworm problem, urban tolerant
|
|
Gleditsia triacanthos inermis 'Skyline'
|
Skyline Thornless Honeylocust
|
Tall
|
Moderate
|
Pyramidal, mimosa webworm problem, urban tolerant
|
|
Liquidambar styraciflua
|
American Sweet Gum
|
Tall
|
Poor-Moderate
|
Broad oval shape, good fall color, wet site tolerant, gumballs
are litter problem
|
|
Magnolia xloebneri 'Merrill'
|
Dr. Merrill Magnolia
|
Small
|
Moderate
|
Broad oval shape, white flowers, urban tolerant
|
|
Magnolia salicifolia
|
Anise Magnolia
|
Medium
|
Excellent
|
Narrow conical shape, white flowers
|
|
Platanus acerifolia
|
London Planetree
|
Tall
|
Moderate
|
Spreading shape, urban tolerant
|
|
Platanus occidentalis
|
American Sycamore
|
Tall
|
Poor
|
Spreading shape, wet site tolerant, subject to twig blight
|
|
Pyrus calleryana 'Chanticleer'
|
Chanticleer Pear
|
Medium
|
Excellent
|
Broad oval shape, urban tolerant, white flowers, red fall color
|
|
Quercus palustris
|
Pin Oak
|
Tall
|
Moderate
|
Narrow conical, wet site tolerant, lower branches are a problem
|
|
Quercus phellos
|
Willow Oak
|
Tall
|
Moderate
|
Broad oval shape, wet site tolerant, fine texture
|
|
Quercus rubra
|
Red Oak
|
Tall
|
Excellent
|
Spreading shape, urban tolerant
|
|
Ulmus americana
|
American Elm
|
Tall
|
Moderate
|
Vase shaped, resistant to Dutch Elm Disease
|
|
Zelkova serrata 'Green Vase'
|
Japanese Zelkova
|
Tall
|
Moderate
|
Wine-glass shaped, wide canopy, resembles elm, dry site tolerant
|
|
Zelkova serrata 'Village Green'
|
Village Green Zelkova
|
Tall
|
Excellent
|
Vase shaped, resembles elm, dry site tolerant
|
e.
Trees shall be a minimum of 3 inches to 3 1/2 inches caliper
(based upon American Nurserymen Standards). Within sight triangles,
a single tree may be permitted only with site-specific approval of
the Borough Engineer. Such trees, including those at driveways, shall
be of such size as will enable them to be immediately pruned up to
7 feet branching height upon planting.
3.
Culs-de-sac. Cul-de-sac islands provide an opportunity to create
visual interest, soften the harshness of a large paved area, increase
groundwater recharge, screen headlight glare into residences, and
preserve existing vegetation.
a.
All plant material shall exhibit a mature height under 30 inches
or above 7 feet with no more than three trunks in order to allow for
proper visibility.
b.
All plants shall be tolerant of harsh, dry roadwide conditions.
c.
Ground cover plantings shall be consistent with the degree of maintenance
expected for the culs-de-sac and of sufficient density to entirely
cover the ground plane.
4.
Stormwater. Stormwater management areas include retention and detention
basins, drainage ditches and swales, and wetland areas. Sensitively-designed
basins and swales can benefit the health, welfare and safety of Borough
residents. This may involve integration of these areas as aesthetic
landscape features, naturalized wetland areas, or active and passive
recreation areas, in addition to their stormwater management function.
a.
Stormwater Detention Areas.
(1)
The detention area shall be graded creatively to blend into
the surrounding landscape and imitate a natural depression with an
irregular edge. This shall include gentle berming and avoiding linear,
geometric basins.
(2)
The quantity of trees to be planted on the interior of the basins
shall be equal to the number of trees that would be necessary to cover
the entire area, based upon a 20 foot by 20 foot grid to the high
water line or outflow elevation. Of this number 10 percent shall be
2-2.5 inches caliper, 20 percent shall be 1-2 inches caliper, and
70 percent shall be 6-8 feet height whips. The trees shall be planted
in groves and spaced 5 feet to 15 feet on center.
(3)
The ground plane shall be seeded with a naturalization, wildflower
and/or wet meadow grass mix. The specific blend shall be approved
by the Borough Landscape Architect.
(4)
All woody and herbaceous plants shall be species indigenous
to the area and/or tolerant to typical wet/dry floodplain conditions.
|
TREES AND SHRUBS RECOMMENDED FOR WET SITES
| |
|---|---|
|
Amelanchier alleghiensis
|
Allegheny Serviceberry
|
|
Viburnum recognitum
|
Arrowwood Viburnum
|
|
Aronia melanocarpa
|
Black Chokeberry
|
|
Nyssa sylvatica
|
Black Gum
|
|
Salixiinigra
|
Black Willow
|
|
Acer negundo
|
Boxelder
|
|
Celphalanthus occidentalis
|
Buttonbush
|
|
Sambucus Canadensis
|
Elderberry
|
|
Betula populifolia
|
Gray Birch
|
|
Fraxinus pennsyanicum
|
Green Ash
|
|
Vaccinium corymbosium
|
Highbush Blueberry
|
|
Ilex glabra
|
Inkberry Holly
|
|
Quercus palustris
|
Pin Oak
|
|
Salix
|
Pussy Willow
|
|
Aronia arbutifolia
|
Red Chokeberry
|
|
Acer rubrum
|
Red Maple
|
|
Cornus
|
Red Twig Dogwood
|
|
Betula nigra
|
River Birch
|
|
Amelanchier canadensis
|
Shadblow Serviceberry
|
|
Cornus amomum
|
Silky Dogwood
|
|
Acer saccharinum
|
Silver Maple
|
|
Alnus serrulata
|
Smooth Alder
|
|
Lindera benzoin
|
Spicebush
|
|
Salix
|
Streamco Willow
|
|
Rhododendron viscosum
|
Swamp Azalea
|
|
Rosa palustris
|
Swamp Rose
|
|
Quercus bicolor
|
Swamp White Oak
|
|
Magnolia virgineana
|
Sweetbay magnolia
|
|
Liquidambar styraciflora
|
Sweetgum
|
|
Clethra alnifolia
|
Sweet Pepperbush
|
|
Platanus occidentalis
|
Sycamore
|
|
Itea virginica
|
Virginia Sweetspire
|
|
Ilex verticillata
|
Winterberry Holly
|
(5)
Planting shall not be located within 10 feet of low flow channels
to allow for maintenance.
(6)
The perimeter area (slopes above the high water line) shall
include shade trees (approximately 60/1000 linear feet), evergreen
trees (approximately 30 ornamental trees and shrubs screening drainage
structures and creating visual interests.
(7)
Provisions for emergency access as well as general maintenance
of the basins shall be reviewed by the Borough Engineer. Plantings
shall be designed to disguise yet not hinder vehicular access.
(8)
Plantings are not permitted upon any dikes associates with a
detention basin unless approved by the Borough Engineer.
b.
Stormwater Retention Areas - Open Space/Recreation Features. This
landscape treatment can take on a variety of landscape forms, from
formal reflecting pools and canals or entry fountain features to natural
park-like lakes and ravines.
(1)
Water fountains/features are encouraged in the design of research
and developments.
(2)
The waters edge shall be easily maintained and stable. Possible
treatments might include rip-rap, stone walls, natural plantings,
decking and bulkheads.
(3)
The planting of the perimeter of the feature shall accentuate
views and interest and integrate pedestrian paths, sitting areas,
and other uses.
(4)
Plantings shall include formal or informally-massed deciduous
and evergreen trees and shrubs to screen and frame views with ornamental
trees, shrubs and grasses used for visual interest or special effects.
A continuous landscape area shall be provided.
(5)
If used as a recreational feature, the connection to the water
must be addressed and controlled. The types of uses shall be specified
and the plantings and pedestrian spaces shall be integrated with these
uses.
(6)
Plants with pervasive root systems shall not be located where
they may cause damage to drainage pipes or other underground utilities.
(7)
All engineered basin structures shall be designed to blend into
the landscape in terms of construction materials, color, grading and
planting.
5.
Open Space. Common or public open space provided as a part of any
cluster development shall be landscaped in one of the following ways,
depending upon the intent of the use for the open space.
a.
Preservation of Open Space. This treatment is appropriate in areas
adjacent to and inclusive of natural amenities to be preserved, such
as wooded areas, water bodies; streams and wetlands, as well as other
undevelopable areas
The following standards shall apply:
(1)
Use open space to preserve existing natural amenities during
site planning.
(2)
Provide pedestrian walkways and bridges as necessary to connect
to open space on adjacent tracts of land.
(3)
Cleared areas shall be renaturalized where appropriate.
(4)
The planting quantities and sizes for renaturalized areas shall
be as per renaturalization standards.
(5)
The ground plane shall be seeded with a naturalization wildflower
and/or meadow grass mix. The specific blend shall be approved by the
Borough Landscape Architect.
b.
Recreation Open Space. Recreational open space includes lands provided
for active recreation and passive recreation and as additions to park
lands. It can take on many forms, from a tot lot or tennis and swimming
complex in a residential development to an English landscape garden
in an office development. The landscape treatment of these areas shall
address safety, visual interest, microclimate and use.
The following standards shall apply:
(1)
The proposed use of all open space areas shall be indicated
and comply with Borough ordinances.
(2)
Open space in commercial, office or similar developments shall
include sitting and outdoor eating areas. Provisions for other active
and passive recreation facilities is encouraged.
(3)
Grading and plantings of the recreation area shall remain consistent
with the overall landscape design. The landscape design shall consist
of massed deciduous and evergreen trees and berms to create spaces
and views and ornamental trees and shrub masses for visual variety,
interest and detail.
(4)
Plants shall be provided in a mix of sizes with shade trees
averaging 2-2.5 inches caliper, ornamental and evergreen trees averaging
6-8 feet in height and shrubs 24-36 inches height.
(6)
Irrigation of all open space/planted areas within non- residential
developments shall be provided.
(7)
All plants shall be tolerant of specific site conditions, which shall
be indigenous species. Exotic, invasive plant species are not permitted.
(8)
Suggested improvements for residential recreation open space areas
include a tot lot (play structure with slide and a separate swing
set), an open air shelter, an open lawn area for open field play,
pedestrian pathways, and benches. Other improvements shall be provided
as required by ordinance based upon population.
(9)
The adjacent residences shall be partially screened from play areas
using berms and planting.
(10)
If a recreation facility fronts onto a roadway, a post and rail fence
or other protective measures may be integrated to provide protection
and separation. The adjacent street tree planting shall be continued
along this area, and any reverse frontage buffer planting shall be
integrated with open space planting.
(11)
All open space should optimally be located centrally within a development.
In large developments, several smaller facilities may be appropriate.
Adequate access from buildings, roadways, and other open space areas
shall be provided. Pedestrian easements between lots, connecting to
open space areas in another development or a public facility, shall
be provided.
6.
Buffers. Landscaping buffers are areas provided to minimize and screen
any adverse impacts or nuisances on a site or from any adjacent area.
Included within any landscape buffer area shall be a landscape strip
consisting of trees, conifers, shrubs, berms, and if appropriate,
fences or walls and providing a completely planted visual barrier.
In areas of less than 25 feet width, the provisions of the windbreak/heavy
buffer requirements shall be followed.
a.
Nonconforming Use Buffer. These buffers shall be provided where a
residential zone abuts an area currently used or zoned for a different
or higher intensity use. The following landscape treatment shall be
provided to assure complete visual screening.
(1)
Provide a buffer area as per zoning ordinance yard/setback requirements.
(2)
Preserve existing trees within the provided landscape buffer
area. If existing vegetation is insufficient, the landscape strip
shall be supplemented with new understory plantings of shade-tolerant
coniferous and ornamental trees in naturalistic groupings in order
to provide a complete visual screen.
(3)
Areas void of existing vegetation shall receive landscape treatment
including berming and planting consisting of groupings of predominantly
evergreen trees, with deciduous and ornamental trees and shrubs for
visual interest and variety.
(4)
Berming shall be 2-8 feet in height and meander in a naturalistic
manner without adversely affecting natural drainage.
(5)
Planting shall consist of evergreen trees of minimum height
6-8 feet planted 10 feet on center, shade trees 2 1/2-3 inches
caliper, flowering tree 4-5 feet height and shrubs 2 feet high, planted
in naturalistic groupings of mixed plant varieties and sizes.
b.
Reverse Frontage Buffer. Reverse frontage screening shall be required
where residential units and/or lots back onto any arterial or major
collector street. The following landscape treatments shall be provided
in order to screen private residential spaces from the roadway.
(1)
Provide a continuous landscape/sidewalk easement or open space
strip of not less than 50 feet width.
(2)
Preserve existing trees within the provided landscape buffer
area. Supplement understory with shade tolerant naturalistic massed
plantings of evergreen and ornamental trees in order to complete screening
of residences. Meander sidewalk into new plantings and, as necessary,
to preserve existing trees.
c.
Filtered Buffer. Filtered screening shall be required around the
perimeter of parking areas and where interior roads run parallel with
other roads, parking areas, or the perimeter of a site in order to
screen unsafe distractions and avoid confusion.
The following standards shall apply:
(1)
Provide landscape buffer area of 25 feet in width or as per
zoning ordinance front yard requirements, whichever is greater.
(2)
Preserve existing trees within the landscape buffer area. If
existing vegetation is insufficient, the landscape strip shall be
supplemented with new understory plantings of shade-tolerant coniferous
and ornamental trees in naturalistic groupings.
(3)
In areas of necessary disturbance, existing quality vegetation
shall be relocated for use in other areas. Detailed plans for tree
removal and relocation must be made on plans and in the field (tag
trees) for review and inspection.
(4)
The landscape design shall provide shade for parking areas and
evergreen and ornamental trees to screen nuisances and emphasize appropriate
views.
(5)
All plants shall be tolerant of harsh roadside conditions.
(6)
If a 25 feet landscape strip cannot be provided, a row of evergreen
trees or a combination of a low wall and berm with planting may be
required.
d.
Windbreak/Heavy Screening. Windbreak screening shall be required
where necessary to provide windbreak or to stop windborne debris from
leaving a site. This type of screening may also be required in undersized
buffer areas or around outdoor storage facilities. The following standards
shall apply:
(1)
Provide a landscape strip consisting of a double staggered row
of evergreen trees of 6-8 feet height spaced 8 feet on center.
(2)
If a landscape buffer area is less than 10 feet wide, or windborne
debris is produced, then a fence may be required in addition to planting.
(3)
All outdoor storage facilities shall be screened with a landscape
strip. If the strip is less than 10 feet wide, a fence shall be required.
(4)
If a fence is required, it shall be 6 feet high and of a design
consistent with the architecture of the principal building. Planting
shall be included in any fencing plan.
e.
Parking Areas. The objectives of the landscape architectural treatment
of all parking areas shall be to provide for safe and convenient movement
of vehicles, to limit pedestrian/vehicular conflicts, to limit paved
areas, to provide for screening from public right-of-way and buildings,
to soften the overall visual impact of parking lots, and to provide
shade and reduce heat island effects.
(1)
Large parking lots shall be subdivided into modules of 10-12
spaces on a side. Separation of modules should be achieved by a landscape
buffer area and strip of 10 feet width. Integrating pedestrian circulation
into these strips should be considered.
(2)
Trees within the parking areas shall be provided at a minimum
rate of 1 tree per 3 parking spaces, except where the normal spread
of the tree exceeds 30 feet. Preservation or relocation of existing
trees greater than 5 inches in caliper is encouraged to meet this
requirement. Landscape buffer or parking area perimeter plantings
do no satisfy this requirement.
(3)
Any parking area in a front yard or within clear view from the
public right-of-way shall be screened from view by a landscape buffer
area.
(4)
Parking areas shall be screened from interior drives using evergreen,
deciduous and flowering trees and shrubs to create a continuous landscape
strip of 10 feet minimum width. Consider integration of pedestrian
walkways within these strips.
(5)
Plant sizes shall be a minimum 2.5-3 inch caliper for shade
trees, 5-6 feet height for evergreen and ornamental trees and 2 feet
height for shrubs.
(6)
Parking lot lighting should be sited within landscape islands.
However, trees shall not hinder safe lighting coverage. Therefore,
varieties must be considered. Shade trees should be used so as to
reduce glare to adjacent properties, buildings and roadways.
(7)
Pedestrian and vehicular conflicts shall be minimized through
design, yet, when necessary, clearly indicated by change of paving
and/or plant material.
7.
Amenities/Resources. The objectives of landscape architectural treatment
of sites inclusive of historic resources and natural amenities shall
be to preserve and enhance such amenities for present and future residents.
Historic resources and natural amenities are areas of unique landscape
character. This may include, but is not limited to, bodies of water,
streams, wetlands, windbreaks, groves of trees, hedge rows, orchards,
unique vistas, farmsteads, villages and historic structures and landmarks.
Land developments in the Borough shall be designed to preserve and
utilize these amenities as features. The architectural, site plan
and landscape architectural design shall utilize these amenities for
design themes, preserving their heritage and enhancing their significance.
8.
Provisions Applicable to Site Plans and Subdivisions.
a.
Utilize the uniqueness of the existing bodies of water, groves of
trees, hedge rows, historic structures and landmarks, and farmsteads
within the site plan as features.
b.
Respect the historic value and character of the villages and hamlets
which exist in the Borough. Development within these areas shall conserve
their individual character.
c.
Provide landscaping as required, integrated with existing vegetation
or historic landscape themes.
d.
When appropriate, the development of historical markers or displays
in coordination/agreement with the Historic Preservation Commission
shall be required.
e.
Use of native plants and xeriscaping is encouraged in order to reduce
the need for water, pesticides and chemical fertilizer in planted
areas.
[Ord. No. 2012-01]
9.
Landscape Maintenance. A landscape management/ maintenance specification
shall be provided in conjunction with all approved subdivisions as
to street trees, common open space and areas to be dedicated to the
public and all approved site plans.
10.
Water Conservation. All sprinkler and irrigation systems installed
on or after the adoption date of this Ordinance are required to include
automatic rain sensors which prevent watering during and shortly after
precipitation.
[Ord. No. 2012-01, adopted
3-12-12]
11.
Tree Replacement Alternatives.
All required trees shall be planted on the site in compliance
with Section 1632, Landscaping Standards. In the event relief shall
be requested by the applicant based upon practical physical difficulties
and undue hardship related to the condition of the site, the Board
shall solicit comments and recommendations of the Borough Engineer
and Borough Planner in determining whether the relief requested by
the applicant shall be granted.
In lieu of planting the required trees, the Board may permit
the applicant to make an in lieu of payment to be deposited in the
Borough of Flemington Tree Fund as established by this chapter. The
contribution, in lieu of planting the trees, shall be $550.00 for
each tree and shall be deposited in the Borough Tree Fund prior to
the Borough issuing any building permits for the development.
[Ord. No. 2005-27]
12.
Tree Fund.
There shall be established a Borough Tree Fund for the purposes
set forth in this chapter.
[Ord. No. 2005-27]
a.
All
funds collected from an applicant, as a contribution in lieu of planting
trees shall be deposited in a dedicated account clearly designated
as the Borough of Flemington Tree Fund. All funds so deposited shall
be used exclusively for the planting of trees. This fund may be used
to plant trees on private property locations facing a street, public
property and rights-of-way, including but not limited to public parks,
public schools, and public buildings.
b.
The
Tree Fund shall be administered by the Shade Tree Commission, who
shall report to the Borough Council on an annual basis detailing the
use of the fund.
[Ord. No. 2012-01]
A.
Street lighting of a type supplied by the applicable utility and
of a type and number approved by the approving authority 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 street lighting.
B.
All parking areas and walkways thereto and appurtenant passageways
and driveways serving commercial, public, office, multiple family,
recreational or other uses having common off-street parking and /or
loading areas shall be adequately illuminated for security and safety
purposes. The lighting plan in and around the parking areas shall
provide for non-glare lights focused downward. The light intensity
provided at ground level shall be indicated in footcandles on the
submitted site plans and shall average at least 0.5 footcandle at
intersections. Refer to Exhibit A for other areas to be illuminated.
Lighting 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 centerline of the light source.
C.
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 a determination of the effects upon adjacent properties,
traffic safety and overhead sky glow. The objectives of these specifications
are to minimize undesirable off-premises effects. No light shall shine
into building windows, nor onto streets and driveways so as to interfere
with or distract driver vision. Maximum vertical illumination when
measured at a point 5 feet within the adjacent property line and at
a height of 5 feet and facing the light fixtures, shall be no greater
than 0.1 vertical footcandles. To achieve these requirements, the
intensity of such light sources, the light shielding and similar characteristics
shall be subject to site plan approval. Wall mounted fixtures are
only permitted if directed into a site and not positioned towards
neighboring properties or public streets.
1.
Exhibit A - Illumination Standards for Street, Parking, and Pedestrian
Areas.
a.
Street Illumination.
|
Area Classification
| |||
|---|---|---|---|
|
Street Hierarchy
|
Commercial
(Maximum Footcandles)
|
Intermediate
(Maximum Footcandles)
|
Residential
(Maximum Footcandles)
|
|
Collector/or greater
|
1.2
|
0.9
|
0.6
|
|
Minor-residential subcollector
|
0.9
|
0.6
|
0.4
|
|
Local
|
0.6
|
0.4
|
0.4
|
b.
Parking Illumination - (Open parking facilities).
|
Vehicular Use Area Only
|
General Parking & Pedestrian Safety
| |||
|---|---|---|---|---|
|
Level of Activity
|
Maximum Lux
|
Maximum Footcandles
|
Maximum Lux
|
Maximum Footcandles
|
|
Low activity
|
5
|
0.5
|
2
|
0.2
|
|
Medium activity
|
11
|
1
|
6
|
0.6
|
|
High activity
|
22
|
2
|
10
|
0.9
|
c.
Pedestrian Way Illumination - Average Levels for Special Pedestrian
Security.
|
Walkways & Bikeway Classification
|
Maximum Average Level Footcandles
|
Mounting Heights 3 to 5 meters (9 to 15 feet) Footcandles
|
Mounting Heights 5 to 10 meters (15 to 30 feet) Footcandles
|
|---|---|---|---|
|
Sidewalks (roadside) and Type A bikeways:
| |||
|
Commercial Areas
|
0.9
|
2.0
|
4.0
|
|
Intermediate Areas
|
0.6
|
1.0
|
2.0
|
|
Residential Areas
|
0.2
|
0.4
|
0.8
|
|
Walkways distant from roadways and Type B bikeways, park walkways
and bikeways
|
0.5
|
0.6
|
1.0
|
|
Pedestrian Tunnels
|
4.0
|
5.0
|
-
|
|
Pedestrian Overpasses
|
0.3
|
0.4
|
-
|
|
Pedestrian Stairways
|
0.6
|
0.8
|
-
|
D.
Outdoor lighting levels shall be reduced by at least 30 percent after
11:00 p.m. or during nonoperating hours, whichever is later. Reduced
lighting levels shall not apply to the following:
1.
Lighting necessary for emergency purposes.
2.
With the exception of landscape lighting, lighting for residential
properties including multi-family properties, not having common areas.
3.
Code required lighting for steps, stairs, walkways, and building
entrances.
4.
Motion activated lighting.
[Ord. No. 2012-01]
[Ord. No. 2012-01]
A.
Pedestrian sidewalks shall be provided on both sides of all streets.
Sidewalks shall be 5 feet wide in nonresidential zone districts and
4 feet wide in residential districts. In general, sidewalks shall
be placed in the right-of-way, parallel to the street unless an exception
has been permitted to preserve topographical or natural features,
or to provide visual interest, or unless the applicant shows that
an alternative pedestrian system provides equally safe and convenient
circulation. Sidewalks may be placed in a public access easement adjoining
the right-of-way in order to provide sufficient room for various functions
within the right-of-way, as follows:
B.
Handicapped Passage. Sidewalks and walkways less than 6 feet in
width shall provide widened areas at least every 200 lineal feet sufficient
to permit the passage of 2 wheelchairs in opposite directions. The
widened area shall be at least 6 feet wide. In general, this requirement
may be met through the intersection of driveway's paved surfaces
with sidewalks.
C.
Sidewalks and graded areas shall comply with the design criteria
of the American with Disabilities Act and New Jersey Department of
Transportation.
D.
In addition to required sidewalks along streets, commercial developments
shall provide internal sidewalks creating convenient linkages between
the commercial development and all surrounding streets. Internal sidewalks
shall be provided linking such commercial development to adjoining
nonresidential developments. Cross-access easements shall be provided
for such pedestrian linkages.
E.
Permeable paving materials shall be used where appropriate, such
as but not limited to emergency access drives.
F.
Bicycle lanes, where required, shall be placed in the outside lane
of a roadway, adjacent to the curb or shoulder. When on-street parking
is permitted, the bicycle lane shall be between the parking lane and
the outer lane of moving vehicles.
G.
Bicycle Parking.
1.
Bicycle parking facilities shall be provided where 20 or more vehicle
parking spaces are required for nonresidential or multi-family development.
a.
Nonresidential Uses. Bicycle parking spaces shall be provided for
a rate of 1 bicycle space for each 20 vehicle parking spaces required
under Section 2629 herein, with a minimum requirement of 2 bicycle
parking spaces.
b.
Residential Use. Only multi-family development shall be required
to provide bicycle parking at a rate of 1 bicycle space for each 5
dwelling units.
2.
Bicycle parking areas shall be designed to provide secure anchoring
for locking devices.
3.
Bicycle parking shall be located 4 feet from all building entrances,
fire hydrants, curb ramps, etc. and shall be placed to avoid conflicts
with pedestrians and vehicles.
4.
Bicycle parking shall be placed within 50 feet of the building entrance.
H.
The creation of culs-de-sac shall be prohibited. All new streets
shall connect to an existing or proposed street.
