Chapter 16 Design and Performance Standards

§ 1600 SCOPE AND APPLICABILITY.

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.

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.

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.

These rules shall apply to all utilities created by or deriving their authority from municipal ordinance to operate within a given jurisdiction.

Choice among options contained in these rules shall be the applicant's unless otherwise specified in these rules.

§ 1601 through § 1630. (RESERVED) [1]

[1]

See NJ Residential Site Improvements — N.J.A.C. 5:21

§ 1631 HISTORIC DISTRICT REVIEW ORDINANCE. [1]

[Ord. No. 2010-17]

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 Historic Preservation Commission, 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.

[Amended 9-27-2022 by Ord. No. 2022-15]

Definitions. In addition to the definitions set forth in Borough Code § 1201, the following definitions apply as used in Borough Code §§ 1404, 1405 and 1631. Such definitions shall only apply in such Borough Code sections and shall not be applicable in any other section of the Borough Code:

ADDITION

An extension or increase in the size, floor area or height of any building, structure, site, object, or improvement added at some time after the completion of the original.

ALTERATION

Any change in the exterior features of any building, structure, site, object or improvement.

APPLICATION

A request to the Commission made pursuant to this ordinance for the purposes of obtaining approval or other action by the Commission hereunder specified.

BUILDING

Any man-made structure created principally to shelter any form of human activity as well as its functionally related appurtenances such as a house and a barn.

COMMISSION

The Historic Preservation Commission established pursuant to the provisions of Borough Code §§ 1404 and 1405.

CONSTRUCTION OFFICIAL

The officer in charge of granting building or construction permits in the Borough.

CONTEMPORARY

Any buildings, structures, sites, objects, or improvements in an historic district which date from a later period but possess some architectural importance and/or visually contribute to the cohesiveness of the district's streetscapes.

CONTRIBUTING

Any buildings, structures, sites, objects or improvements which are integral components of an historic district either because they date from a time period which makes them historically significant or because they represent an architectural type, period or method which is historically significant.

DEMOLITION

The partial or total razing, dismantling or destruction, whether entirely or in significant part, of any building, structure, site, object or improvement. Demolition includes the removal of a building, structure, site, object or improvement from its location or the removal or destruction of its facade or surface.

DESIGNATED HISTORIC LANDMARK or HISTORIC DISTRICT

An individual building, structure, site, object, landscape, park, viewshed, improvement or district which has been determined to have historical significance pursuant to the provisions of this ordinance.

EMERGENCY REPAIRS

Immediate repairs to preserve the continued habitability and/or the health and safety of occupants or others, performed in accordance with Borough codes without first submitting an application. A consultation with the Commission or its staff is still required.

ENCROACHING

Any buildings, structures, sites, objects or improvements in an historic district which date from a later period and do not visually contribute to the cohesiveness of the district's streetscapes.

FACADE

The face or front of a structure or any vertical surface thereof adjacent to a public way.

HISTORIC

Having historical, cultural, architectural, archaeological, economic, social, or other significance as defined by the provisions of this ordinance.

HISTORIC DISTRICT

A significant concentration, linkage or continuity of buildings, structures, sites, objects, or improvements united historically by plan or physical development which qualifies for designation under this ordinance, including those which were formerly designated.

HISTORIC DISTRICT RESOURCES

Those resources classified as either significant, contributing, or noncontributing, which are defined as follows:

SIGNIFICANTAny buildings, structures, sites, objects or improvements which, due to their significance, would individually qualify for historic landmark status;

CONTRIBUTINGAny buildings, structures, sites, objects or improvements on the site which are integral components, either because they date from a time period which makes them historically significant or because they represent an architectural type, period or method which is historically significant:

NONCONTRIBUTINGAny building, structure, site, object or improvement on the site which do not have significant historical value because they neither date from a time period nor represent an architectural type, period or method which is historically significant.

HISTORIC LANDMARK

Any building, structure, site, object or improvement which qualifies for designation under this ordinance.

HISTORIC SITE

Any building, structure, site, landscape, object or improvement determined to be of historical, archeological, cultural, scenic or architectural significance in accordance with the provisions of this ordinance.

HISTORICAL

Of, relating to, or having the character of history.

IMPROVEMENT

A building or other structure, or any work constituting a man-made alteration of, or addition to, any building, structure, site or object.

IN-KIND

Construction or construction materials that match construction or construction materials being replaced on a designated structure or object, thereby maintaining historic composition, design, color, texture and other visual qualities.

INTEGRITY

The authenticity of a building, structure, site, object, improvement or district evidenced by the survival of the physical characteristics that existed during its historic or prehistoric period.

INVENTORY

A list of historic properties determined to meet criteria of significance specified herein.

LANDSCAPE

The visual character of the land, including but not limited to architecture, building setbacks and height, fences, hedgerows, plantings, lawns and trees, as well as man-made features including, but not limited to, sculptures, patterned walks, fountains, reflecting pools and vistas.

LOT

Any designated parcel, tract, or area of land established by a plat or otherwise, as permitted by law, and to be used, developed, or built upon as a unit.

MASTER PLAN

The Master Plan of the Borough of Flemington, as amended from time to time, compiled pursuant to the Municipal Land Use Law.

MUNICIPAL LAND USE LAW

The Municipal Land Use Law of the State of New Jersey, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), as amended from time to time.

NATIONAL REGISTER CRITERIA

The established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places, as set forth in 36 CFR 60.4 et seq.

NONCONTRIBUTING

Any buildings, structures, sites, objects or improvements in an historic district which do not have significant historical value because they neither date from a period of significance nor represent an architectural type, period or method which is historically significant, or due to alterations, disturbances, additions, or other changes no longer possess historic integrity reflecting their character at that time or are incapable of yielding important information about the period.

OBJECT

Shall be used as a term to distinguish from buildings and structures those constructions or features that are primarily artistic in nature or are relatively small in scale and simply constructed. Examples include, but are not limited to, fountains, sculptures, statuary and similar items. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment.

ORDINARY MAINTENANCE AND REPAIR

The repair of any deterioration, wear or damage to a structure or any part thereof in order to return the same as nearly as practicable to its condition prior to the occurrence of such deterioration, wear, or damage with in-kind material and quality workmanship.

OWNER

The owner of record as shown on the current tax list of the Borough Tax Collector; the mortgage holder of record, if any, as shown in the mortgage records of the Borough; and any purchaser under a land contract.

PARTIAL DEMOLITION

The pulling down, destruction or removal of a substantial portion of the exterior of a building or structure or the removal of architectural elements which define or contribute to the historic character of the structure.

PERMIT

Any required approval issued by the Construction Official pursuant to applicable building or construction codes for exterior work to be performed on any historic landmark or on any building, structure, object or site located within an historic district, which exterior work will be subject to public view. Said permit shall include but not be limited to a building permit, a demolition permit or a permit to move, convert, relocate or remodel or to change the use or occupancy of any landmark or any building, structure, object or site located within an historic district. "Permit" shall also include all exterior work to be performed on windows, doors, roofing, fences, signs, awnings, porches, railings, steps, lighting and sidewalks and any other work subject to public view which would alter the exterior appearance of historic landmarks or properties located within an historic district or their sites.

PERSON

Any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, firms, companies, corporations, entities or unincorporated groups; or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law.

PRESERVATION

The act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic landmark. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction.

PROTECTION

The act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury.

RECONSTRUCTION

The act or process of reproducing, by means of new construction, the form, features and detailing of a nonsurviving building, structure, site, object, improvement or landscape for the purpose of replicating its appearance at a specific period of time and in its historic location when documentary and physical evidence is available.

REHABILITATION

The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historic values.

REPLACEMENT

The act or process of replicating any exterior architectural feature that is used to substitute for an existing deteriorated or extensively damaged architectural feature.

RESTORATION

The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time. It may sometimes mean the removal of later work or the replacement of missing earlier work.

SECRETARY OF THE INTERIOR'S STANDARDS

The publication issued by the U.S. Department of the Interior, National Park Service, entitled: "The Secretary of the Interior's Standards for the Treatment of Historic Properties," 36 CFR 68, revised and supplemented from time to time.

SIGNIFICANT

Any buildings, structures, sites, objects or improvements in an historic district which, due to their extraordinary significance, would individually qualify for historic landmark status.

SITE

The location of a significant event, a prehistoric or historic occupation or activity, a building or structure, or a burial ground or cemetery, whether standing, ruined or vanished, where the location itself possesses historical, cultural or archaeological value regardless of the value of any existing structure.

STAFF

The Historic Preservation Consultant, the Zoning Officer and such other consultants or officials as may from time to time be retained and/or employed to provide application review services to the Commission.

STREETSCAPE

The visual character of the street, including, but not limited to, the architecture, building setbacks and height, fences, storefronts, signs, lighting, parking areas, materials, sidewalks, curbing and landscaping.

STRUCTURE

Shall be used as a term to distinguish from buildings those functional constructions made usually for purposes other than creating human shelter, such as a bridge, a walkway, or a driveway and sometimes referred to as a type of improvement, meaning a combination of materials that becomes a part of, is placed upon, or is affixed to real estate.

SURVEY

The inventory of buildings, structures, sites, objects, improvements and districts located within the Borough of Flemington which is conducted by the Commission for the ascertainment of their historical significance pursuant to the provisions of this ordinance.

SURVEY DATA

The raw data produced by the survey; that is, all the information gathered on each property and area investigated.

VIEW, VISTA or VIEWSHED

The view by the public of a building, structure, site, object, improvement or landscape from any point on a street, road or walkway which is used as a public thoroughfare, either vehicular and/or pedestrian.

The purposes of the Historic District Review Ordinance include:

Safeguarding the heritage of Flemington Borough by preserving its historical, cultural, social, economic and architectural resources;

Encouraging the continued use of historic buildings, structures and sites and to facilitate their appropriate re-use;

Maintaining and developing a harmonious setting for the historically significant buildings, structures, sites, objects and District;

Preventing the unnecessary demolition or relocation of historic resources;

Preventing new construction or development which is not in keeping with or that negatively impacts the ambience and character of the Historic District;

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;

Protecting and enhancing property values;

Promoting civic pride in and appreciation of Flemington Borough's historic resources for the education, pleasure and welfare of its citizens and visitors; and

Fostering beautification and private reinvestment.

General Guidelines. The following guidelines shall be utilized by the HPC in reviewing and making recommendations pursuant to and subject to the limitations of Borough Code § 1404K2.

[Amended 9-27-2022 by Ord. No. 2022-15]

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:

Historic District Guidelines; Flemington Historic Preservation Commission: See for definitions of general architectural, style and building terminology, as well as more detailed design recommendations.

What Style Is It? A Guide to American Architecture (Poppeliers, John C., John Wiley & Sons, Inc.).

A Field Guide to American Houses (McAlester, Knopf).

Identifying American Architecture (Blumenson, Norton)

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.

Procedures for review by the Flemington Historic Preservation Commission are contained within Chapter 14 of the Flemington Borough Land Development Ordinance.

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.

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.

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.

Building additions and renovations should be designed to reflect the existing building in terms of scale, materials, massing, window and door configuration and color.

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.

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.

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 for strict compliance with the Historic Guidelines. Buildings that are deemed particularly prominent or visible by the Historic Preservation Commission shall 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:

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.

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.

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.

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.

21.

Emergency reviews of applications to the Historic Preservation Commission may be requested for construction or repair work that is required to be undertaken before the next scheduled meeting of the Historic Preservation Commission. The applicant shall notify the Historic Preservation Commission and request an emergency review, and the Historic Preservation Commission shall determine if an emergency review is required and the format of the review. Any work done by the applicant prior to formal approval by the Historic Preservation Commission shall be at the sole risk of the applicant.

In the event an applicant requires an emergency review, the applicant shall pay all fees incurred by the Commission to properly advertise an emergency meeting of the Commission.

Building Massing and Scale of New Buildings and Additions. The following guidelines shall be utilized by the HPC in reviewing and making recommendations pursuant to and subject to the limitations of Borough Code § 1404K2.

[Amended 9-27-2022 by Ord. No. 2022-15]

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.

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.

New buildings or additions with expansive blank walls are prohibited, particularly on sides of the building facing public ways.

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.

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.

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.

Height. The height of any proposed structure and landscaping shall be visually compatible with adjacent structures.

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.

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.

Facade Treatment. The following guidelines shall be utilized by the HPC in reviewing and making recommendations pursuant to and subject to the limitations of Borough Code § 1404K2.

[Amended 9-27-2022 by Ord. No. 2022-15]

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.

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.

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.

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.

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.

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.

The use of overly dramatic and/or intrusive lighting designs and fixtures is not permitted.

Building Materials, Colors and Texture. The following guidelines shall be utilized by the HPC in reviewing and making recommendations pursuant to and subject to the limitations of Borough Code § 1404K2.

[Amended 9-27-2022 by Ord. No. 2022-15]

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.

Where appropriate, building renovations shall incorporate elements of the original structure into the renovation design.

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.

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.

The painting of buildings in patterns, checks, stripes or overly bold colors is not permitted.

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)

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.

Demolition. The following guidelines shall be utilized by the HPC in reviewing and making recommendations pursuant to and subject to the limitations of Borough Code § 1404K2.

[Amended 9-27-2022 by Ord. No. 2022-15]

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, or there are other reasons deemed to be crucial for the future development and prosperity of the Borough consistent with the Borough's Master Plan, adopted redevelopment plan, or other adopted economic planning and policy documents.

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:

The structure's historic, architectural and aesthetic significance;

Its current and potential uses;

Its overall condition, including a report from a structural engineer licensed in the State of New Jersey and with experience dealing with historic structures indicating its condition and suitability for preservation and re-use;

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;

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;

The extent to which its retention would promote the general welfare;

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;

The probable impact of its removal upon the character and ambience of the Historic District; and

The impact of its removal upon future development or redevelopment of the site.

Relocation of Structures Out of the Flemington Historic District.

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.

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:

The structure's historic, architectural and aesthetic significance;

Its current use;

Its condition, including a report from a structural engineer licensed in the State of New Jersey and with experience dealing with historic structures indicating its condition and suitability for preservation and re-use;

[Amended 9-27-2022 by Ord. No. 2022-15]

The extent of the historic and architectural loss to the site and District that results from moving the structure from its original location;

The reasons for not retaining the structure at its present site;

The proximity of the proposed new location to Flemington Borough, including the accessibility by the residents of Flemington Borough and other citizens;

The probability of significant damage to the structure during the relocation;

The probable impact of its relocation upon the character and ambience of the Historic District; and

The impact of its relocation upon future development or redevelopment of the site.

[Added 9-27-2022 by Ord. No. 2022-15]

Relocation within Flemington Borough.

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.

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:

The structure's historic, architectural and aesthetic significance;

Its current use;

Its condition;

The extent of the historic and architectural loss to the site and District that results from moving the structure from its original location;

The reasons for not retaining the structure at its present site;

The probability of significant damage to the structure during the relocation;

The probable impact of its relocation upon the character and ambience of the Historic District;

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; and

The impact of its relocation upon future development or redevelopment of the site.

[Added 9-27-2022 by Ord. No. 2022-15]

Other Requirements.

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]

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.

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.

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.

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.

Violations and Penalties.

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.

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.

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.

The penalty for violation past the initial 10 day abatement period shall be as follows:

For each day up to 15 days, not more than $50.00 per day.

For each day 16 to 30, not more than $75.00 per day.

For each day beyond 30 days, not more than $100.00 per day.

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]

Designation of Historic Landmarks and Historic Districts.

[Added 9-27-2022 by Ord. No. 2022-15]

The Commission shall maintain and expand, when appropriate, a comprehensive survey of the Borough of Flemington to identify historic landmarks and historic districts that are worthy of protection and preservation.

Criteria for Designation. The criteria for evaluation and designating historic landmarks and historic districts shall be guided by the National Register criteria as currently published and amended from time to time. The Commission or any person may recommend designation of historic landmarks or historic districts that are in accordance with the National Register criteria or that possess one or more of the following attributes:

Character, interest, or value as part of the development, heritage or cultural characteristics of the Borough, state or nation; or

Association with events that have made a significant contribution to the broad patterns of our history; or

Association with the lives of persons significant in our past; or

Embodiment of the distinctive characteristics of a type, period or method of construction, architecture, or engineering; or

Identification with the work of a builder, designer, artist, architect or landscape architect whose work has influenced the development of the Borough, state or nation; or

Embodiment of elements of design, detail, material or craftsmanship that render an improvement architecturally significant or structurally innovative; or

Unique location or singular physical characteristics that make a district or landmark an established or familiar visual feature; or

Ability or potential ability to yield information important in prehistory or history.

Procedures for Designation. Proposals to designate a property as historic pursuant to this ordinance may be made by the governing body, the Commission, or the Planning Board, in accordance with the following procedures:

Nomination report for historic landmark. A nomination to propose an historic landmark shall include the following information which addresses the criteria for designation as set forth herein:

(1)

A photograph of the proposed landmark; and

(2)

A copy of the municipal tax map showing the property on which the proposed landmark is located; and

(3)

A physical description of the proposed landmark; and

(4)

A statement of significance.

Nomination report for historic district. A nomination to propose an historic district shall include the following information which addresses the criteria for designation as set forth herein:

(1)

A building-by-building inventory of all properties within the district identifying significant, contributing, noncontributing, or encroaching; and

(2)

A photograph of each property and building within the district; and

(3)

A copy of the municipal tax map of the district showing boundaries; and

(4)

A physical description of the proposed district; and

(5)

A statement of significance.

Schedule a Hearing. Following receipt of a nomination to propose an historic landmark or historic district, the Commission shall schedule a public hearing on the proposed designation.

Notification Requirements. At least 20 days' prior to the public hearing, the Commission shall, by personal service or certified mail, perform the following:

(1)

Notify the owner(s) of record of a property that has been proposed for historic landmark designation, or the owner(s) of record of all properties located within a district that has been proposed for historic district designation, that the property or district, as applicable, is being considered for such designation and the reasons therefor;

(2)

Advise the owner(s) of record of the significance and consequences of such designation, and of the rights of the owner(s) of record to contest such designation under the provisions of this ordinance;

(3)

Notify the owner(s) of record of the date, time and location of the hearing concerning the proposed designation of the property or district; and

(4)

Serve any further notices as may be required under the provisions of the Municipal Land Use Law.

Public Notice of Hearing. At least 20 days prior to the public hearing, the Commission shall also cause public notice of the hearing to be published in the official newspaper of the Borough.

Public Report. At least 20 days prior to the public hearing, a copy of the nomination report shall also be made available for public inspection in the municipal offices of the Borough.

Public Hearing. At the public hearing scheduled in accordance with this ordinance, the Commission shall review the nomination report and accompanying documents. Interested persons shall be given the opportunity to be heard and to comment on the proposed nomination for designation.

Commission Report. If the proposed nomination is approved by the Commission, then the Commission shall forward a report to the Planning Board for review, which shall contain a statement of the Commission's recommendations and the reasons therefor with regard to proposed designations considered at the hearing, including a list and map of properties approved for designation.

Report to Governing Body. The Planning Board shall review and provide a report with recommendations to the governing body as soon as possible, but within 60 days.

Final Designation. As soon as possible after its receipt of the report of the Planning Board, the governing body shall act upon the proposed designation list and map and may approve, reject or modify by ordinance the designation recommendations made by the Planning Board. In the event that the governing body votes to reject or modify any Planning Board recommendations for a proposed designation, the governing body shall record in its minutes the reasons for not following such recommendation.

Public Notice of Designation. Notice of designation shall be made public by publication in the official newspaper of the Borough and by distribution to all municipal agencies reviewing development applications and permits. A certificate or letter of designation shall be sent to the owner(s) of record.

Incorporation of designated landmarks into Borough records.

(1)

Upon adoption of a resolution by the governing body designating an historic landmark or an historic district, the said designation shall supplement, rather than supersede, the existing zoning district in which the affected historic landmark or historic district is located. At that time, the designation list and map shall be incorporated into the Master Plan and Zoning Ordinance of the Borough as required by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. Designated properties shall also be noted as such on the records for those properties as maintained by the Engineering and Zoning Offices, as well as the offices of the Construction Official, the Borough Tax Assessor and the Borough Clerk. In addition to the requirement for notation in the foregoing Borough records upon the designation of a landmark or historic district by the governing body, within 90 days of the adoption of this ordinance, there shall be entered upon the property records in the offices of the Tax Assessor, the Construction Code Official, the Borough Engineer, the Zoning Officer and the Borough Clerk a notation which identifies the designation of each property located within an historic district as constituted on the date of adoption hereof.

(2)

Each tax/assessment search requested for a property located within an historic district shall note thereon the subject property is so located. Similarly, all forms maintained and issued by the Construction Code Official, Borough Engineer, Zoning Officer and Borough Clerk responsive to requests for information, permits, and like documents shall contain a notation which identifies, as applicable, the designation of a property within an historic district as constituted on the date of the adoption hereof and as new landmarks as historic district designations occur hereafter.

Amendments. Amendments to historic landmark or historic district designations may be made in the same manner as they were adopted in accordance with the provisions of this ordinance.

Appeals. Whenever the Commission shall make a final decision regarding the grant or denial of a permit, the decision shall be subject to appeal to the Planning Board operating as the Zoning Board of Adjustment as provided under N.J.S.A. 40:55D-70. An appeal from the decision of the Planning Board operating as the Zoning Board of Adjustment shall be made in the same manner as permitted and prescribed by law for appeals from any other decisions made by such Boards in accordance with applicable law.

[Added 9-27-2022 by Ord. No. 2022-15]

Escrow Review Fees. The Commission may require an applicant for a demolition or relocation permit to post a review escrow fee in an amount not to exceed $1,000 if the review of said application will be complicated and require consultation with a professional engineer or architect. Such escrow account will be managed consistent with the Municipal Land Use Law (N.J.S.A. 40:55D-53.1 et seq.) and Borough Code § 2800.

[Added 9-27-2022 by Ord. No. 2022-15]

[1]

Editor's Note: The 2010 Flemington Master Plan Historic District Map has been provided for reference as an attachment to Chapter 26, Zoning.

§ 1632 LANDSCAPE STANDARDS.

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]

General. Landscape plans shall conform to the following general design principles:

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.

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.

Provide for a variety and mixture of landscaping. The variety shall consider susceptibility to disease, colors, season, textures, shapes, blossoms, and foliage.

Local soil conditions and water availability shall be considered in the choice of landscaping.

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.

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.

Assure that no aspect of the landscape design inhibits access to a development by emergency vehicles.

Street Trees. Street trees shall be provided for all streets.

Spacing between trees shall be 40 feet on center.

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.

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.

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		Value as a Street Tree	Comments
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

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.

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.

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.

All plants shall be tolerant of harsh, dry roadwide conditions.

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.

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.

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.

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.

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.

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.

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.

(5)

In general, plants shall be provided at the following rate:

(a)

Shade trees - 15 per acre

(b)

Evergreen Trees - 5 per acre

(c)

Flowering Shrubs - 3 per acre

(d)

Shrubs - 20 per acre

The above quantities do not include plants necessary to achieve screening, which shall be provided.

(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.

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.

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.

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.

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.

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.

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.

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.

Provisions Applicable to Site Plans and Subdivisions.

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.

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.

Provide landscaping as required, integrated with existing vegetation or historic landscape themes.

When appropriate, the development of historical markers or displays in coordination/agreement with the Historic Preservation Commission shall be required.

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]

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 $900.00 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; amended 6-9-2025 by Ord. No. 2025-13]

12.

Tree Fund.

There shall be established a Borough Tree Fund for the purposes set forth in this chapter.

[Ord. No. 2005-27]

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.

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.

§ 1632.1 PUBLIC ART.

[Added 9-11-2023 by Ord. No. 2023-25]

Public art including murals, sculptures, and similar visual arts, is encouraged in the non-residential zone districts in the Borough to promote arts and culture in the area, enhancing the Borough's unique character.

Public Art shall be subject to Chapter 36 of the Borough Code and shall be approved by the Borough's Public Art Committee.

Public art shall be exempt from the following standards:

Signage standards defined in § 2631. Public art shall not be deemed a sign unless the name of the business is included in the public art.

Impervious coverage as defined in § 2623E.

Setbacks as defined in § 2623E.

Buffer standards as defined in § 1632. Public art may be located in buffer areas.

Public Art shall not be internally illuminated.

Public Art shall not obstruct a site triangle, and shall not impede pedestrian, vehicular, or general safety.

§ 1633 LIGHTING.

[Ord. No. 2012-01]

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.

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.

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.

Exhibit A - Illumination Standards for Street, Parking, and Pedestrian Areas.

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

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

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	-

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:

Lighting necessary for emergency purposes.

With the exception of landscape lighting, lighting for residential properties including multi-family properties, not having common areas.

Code required lighting for steps, stairs, walkways, and building entrances.

Motion activated lighting.

[Ord. No. 2012-01]

§ 1634 CONNECTIVITY AND COMPLETE STREETS.

[Ord. No. 2012-01; amended 10-14-2025 by Ord. No. 2025-21]

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:

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.

Sidewalks and graded areas shall comply with the design criteria of the American with Disabilities Act and New Jersey Department of Transportation.

Developments, excluding single family detached and two-family home lots, shall provide internal sidewalks creating convenient linkages between the buildings therein and all surrounding streets, and shall facilitate vehicular and pedestrian cross-access to adjacent developments. Cross-access easements shall be provided for such linkages where through access cannot be provided at the time of approval.

Permeable paving materials shall be used where appropriate, such as but not limited to emergency access drives.

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.

Bicycle Parking.

Bicycle parking facilities shall be provided where 20 or more vehicle parking spaces are required for nonresidential or multi-family development.

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.

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.

Bicycle parking areas shall be designed to provide secure anchoring for locking devices.

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.

Bicycle parking shall be placed within 50 feet of the building entrance.

The creation of culs-de-sac shall be prohibited. All new streets shall connect to an existing or proposed street.