[Ord. No. 751 § 28-1]
In reviewing any application for development, with the exception of development in the RE and RR-5 zones which shall be considered under Section 23-47 hereof, the Board shall consider the following.
[Ord. No. 751 § 28-1.1]
a.
Lot dimensions and area shall not be less than the requirements of this chapter.
b.
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
c.
Each lot must front upon an approved and improved street.
d.
Where extra width has been dedicated for the widening of existing streets, lots shall begin at such extra line and setbacks shall be measured from such line.
e.
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as but not limited to rock formations, flood conditions, high water table or where permeability tests or test borings show the ground conditions to be inadequate for proper sewage disposal or where there exist similar circumstances, the Board may withhold approval of such lots.
[Ord. No. 751 § 28-1.2]
a.
The Board shall consider pedestrian and vehicular traffic movement within and adjacent to a lot or tract with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, movement of people, goods and vehicles from access roads, within the lot or tract, between buildings and between buildings and vehicles. In site plans, the Board shall determine which roads shall be public and which shall remain private.
b.
The Board shall ensure that all parking areas are landscaped and spaces are usable and are safely and conveniently arranged. Access to a lot or tract from adjacent roads shall be designed so as to interfere as little as possible with traffic flow and to permit vehicles a rapid and safe ingress and egress to the lot or tract.
c.
The circulation plan of each development shall reflect the Master Plan's circulation plan element. The roadway system shall clearly define and delineate private and public transit facilities. Major access improvements in critical environmental areas shall be discouraged. The location and provision of bikeways, sidewalks and other pedestrian linkages shall be indicated.
d.
For major nonresidential development, applicants shall be encouraged to develop and implement mass transit programs and to minimize the use of private automobiles wherever possible. These programs may include the use of company buses to connect tracts with rail and other public transit, use of vans, car pooling, construction of bike paths and bike storage areas and construction of convenient bus pick-up and drop-off points. In order to minimize peak-hour traffic impacts, applicants shall encourage staggered starting and quitting times and changes in work hours and include same within the proposal to the Board.
[Ord. No. 751 § 28-1.3]
a.
Subdivision plats shall conform to design standards that will encourage good development patterns within the Borough. The roads, school sites, public parks and playgrounds shown on the Master Plan shall be considered in the review of subdivision plats.
b.
Roads and drainage rights-of-way shall be such as to lend themselves to the harmonious development of the Borough and enhance the public welfare as the Land Use Board may determine to be appropriate.
[Ord. No. 751 § 28-1.4]
The design and layout of buildings and parking areas shall provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to energy conservation during construction and operation, safety and fire protection and impact on surrounding development and contiguous and adjacent buildings and lands on site plans. Architectural design shall be compatible with the environmental and natural characteristics of the tract and the surrounding neighborhood.
[Ord. No. 751 § 28-1.5]
Environmental elements relating to prevention of soil erosion, protection of significant vistas or views, preservation of trees and protection of watercourses, resources, topography, soil and animal life shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements. Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible.
[Ord. No. 751 § 28-1.6]
a.
Landscaping shall be provided as part of any overall site plan design and integrated into building arrangements, topography, parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative manner.
b.
The existing sense and appearance of any natural scenic qualities on a tract shall be retained, whenever practical, by the careful placement of buildings and improvements.
[Ord. No. 751 § 28-1.7]
a.
Where required, buffering shall be located to minimize headlights of vehicles, noise, light from structures, the movement of people and vehicles and to shield activities from adjacent properties. Buffering may consist of fencing, evergreens, shrubs, berms, rocks, boulders, mounds, bushes, deciduous trees or combinations thereof to achieve the stated objectives.
b.
Extensive buffering shall be required where intensive land uses abut less intensive uses. Existing natural vegetation, if appropriate for the above-stated purposes, shall be retained.
[Ord. No. 751 § 28-1.8]
Undeveloped areas shall be provided as part of any site plan and shall serve as a buffer or help integrate buildings and uses. Undeveloped open space shall have as a prime objective the preservation of a tract's natural amenities. Ponds, rock outcroppings, wooded areas, vistas, steep slopes, ravines and stream beds are prime lands recommended for undeveloped open space.
[Ord. No. 751 § 28-1.9]
a.
The storm drainage system, sanitary waste disposal system, water supply system, waste collection and disposal plan and electrical and other distribution systems shall be reviewed and approved. The requirements of underground utilities shall apply to all new developments. Particular emphasis shall be given to the protection of delineated flood plains, reservation of stream corridors, establishment of drainage rights-of-way, analysis of the adequacy of existing systems and the need for improvements, both on-site and off-site, to adequately control the rate, volume and velocity of storm drainage, provide for treatment of effluent and maintain an adequate supply of potable water at sufficient pressure.
b.
In large scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least fifteen (15) feet wide and located in consultation with the companies or municipal departments concerned.
c.
Where a subdivision is traversed by a watercourse, drainageway channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose.
[Ord. No. 751 § 28-1.10]
The site plan shall provide for those elements of street furniture made of the same or similar materials to ensure design continuity and be appropriate to the particular use. These may include phone booths, benches, bike racks, trash receptacles, bus shelters, tree planters and directories.
[Ord. No. 751 § 28-1.11]
Adequate provisions shall be made for culverts, headwalls, ditches and storm sewers and all such installations shall be properly connected with an approved system and shall be adequate to handle all present and probable future developments.
[Ord. No. 751 § 28-1.12]
To the extent practicable, no top soil shall be removed from the site or used as spoil. Top soil stripped and stockpiled during the course of construction shall be redistributed so as to provide equal cover to all areas of the subdivision and shall be stabilized by seeding or planting.
[Ord. No. 751 § 28-1.13]
a.
All developments shall be consistent with the Master Plan as set forth in the Land Development Ordinance.
b.
Existing and proposed streets, public drainageways, flood control basins or public areas shown on the Master Plan shall be shown on the plan of a proposed development in locations and sizes suitable to their intended uses. The Board may reserve the locations and extent of such streets, ways, basins or public areas in accordance with the requirements of N.J.S.A. 40:55D-44.
[Ord. No. 751 § 28-2]
Where applicable, the Residential Site Improvement Standards, as amended from time to time, shall apply. In reviewing any application for development, with the exception of development in the RE and RR-5 zones, which shall be considered under Section 23-47, the Board shall consider the following.
[Ord. No. 751 § 28-2.1]
a.
Purpose. The purpose of buffers and screening is to provide open spaces, landscaped areas, fences, walls, berms or any combination thereof to physically separate or screen one use or property from another so as to visually separate such uses, shield one from another, block noise, lights or other nuisances, and reduce adverse impacts.
b.
General Application. Screening and buffers shall be required when topographical and natural features or existing landscaping do not provide reasonable screening, along reverse frontage lots, or when the Board determines that there is a need to shield and separate adjacent properties to minimize adverse impacts such as incompatible land uses, noise, glare and traffic and to provide privacy and protection. When building design and siting do not provide privacy, the Board may require additional landscaping, fences, berms, walls or similar devices to ensure privacy and provide protection.
c.
General Standards for Required Buffers.
1.
All buffers and screens shall be shown on the landscape plan.
2.
Visual screens provided through landscaping shall be designed in such a manner as to provide a barrier on a year-round basis around the view of the area to be screened.
3.
Existing vegetation within the buffer shall be preserved, where possible, and supplemented with plantings and other buffer devices to provide screening of residences.
4.
Buffer dimensions shall be measured from property lines and street rights-of-way.
5.
Within any buffer area, utilities, driveways and streets may be permitted to cross at right angles to the buffer.
6.
No buildings, signs (other than directional signs), structures, storage of materials or parking shall be permitted within the buffer area.
7.
All plantings shall be installed according to accepted horticultural standards.
d.
Materials and Planting Details. Buffers and screening may consist of open space areas, plant clusters, evergreens, fencing, walls, berms, boulders, mounds, or any combination thereof to achieve the stated objectives and as approved by the Board.
e.
Plant Clusters. New plant clusters used as part of a buffer or screen must be designed as follows:
1.
Plant clusters shall consist of masses and groupings of shade, ornamental and evergreen trees, shrubs and/or berms designed in a free form manner to provide contrast and create a more natural effect. No less than seventy-five (75%) percent of the plants shall be evergreen.
2.
Buffer plantings shall include a variety of local species and have low maintenance requirements.
3.
The buffer shall be continuously planted with masses and groupings of evergreen, shade and ornamental trees and shrubs.
f.
Berms. Berms used as part of a buffer or screen must be designed as follows:
g.
h.
Reverse Frontage Buffers.
1.
Reverse frontage buffers shall be required where residential units and/or lots back onto any street.
2.
The buffer shall be situated adjacent to the right-of-way line.
3.
The buffer shall be not less than twenty-five (25) feet in width. For lots backing up on arterial streets or highways, the buffer shall not be less than fifty (50) feet.
4.
The buffer area shall be used for no purpose other than landscaping, underground utilities or for any required sidewalk.
[Ord. No. 751 § 28-2.2]
a.
Purpose. The purpose of this subsection is to require extensive landscaping as part of any development. Landscaping improves the livability of residential neighborhoods, enhances the appearance and customer attraction of commercial and industrial areas, improves the compatibility of adjacent uses, screens undesirable views and can reduce air and noise pollution. It is also the objective of this chapter to encourage applicants to expend a maximum effort to retain the existing natural features including trees and plants on any site proposed for development.
b.
General Standards. The landscape plan shall conform to the following requirements, as applicable:
1.
To the extent practicable, existing mature trees, hedge rows, tree lines, stone rows and woodlands shall be preserved and included as a design element in the landscape plan for all new development. Building placement shall preserve existing vegetation and the character of the site.
2.
A minimum of ten (10) trees shall be planted for each acre of the tract not occupied by buildings or impervious coverage. The Board may waive or reduce this requirement when this standard is generally met by existing tree growth or the open space is proposed for agricultural purposes.
3.
At planting, deciduous trees shall have a minimum caliper of three (3) inches and evergreens shall be at least four (4) feet high. Shrubs shall be at least two (2) feet at planting. All trees shall be balled and burlapped.
4.
Trees with calipers over eight (8) inches in diameter shall be preserved, whenever possible. Grading, filling or impervious coverage shall not intrude on the "drip line" of trees which are to be preserved.
5.
Existing trees or landscaping located within twenty (20) feet of any street or lot line or zone boundary shall be maintained unless shown to be removed as part of an approved site plan. The existing grade within that space shall not be disturbed without such approval.
6.
Landscaping shall be provided in public areas, recreation sites and adjacent to buildings.
7.
The landscaping plan shall provide for a variety and mixture of plant materials, taking into consideration their susceptibility to disease; colors, by season; textures; shapes; blossoms; and foliage. Native species shall be included in the design.
8.
The choice of landscaping shall be appropriate to local soil conditions and availability of water.
9.
Ground cover shall be used to prevent erosion.
10.
The impact of any proposed landscaping plan at various time intervals shall be considered. Shrubs may grow and eventually block sight distances and foundation plants may block buildings.
11.
It is preferable to have fewer larger specimens than more smaller ones.
12.
All landscaping shall be consistent with the natural surroundings and shall be properly maintained throughout the life of any use on said lot.
13.
Irrigation systems for landscaped and lawn areas shall be designed in zones with timer controls to minimize water usage. Irrigation systems shall be provided with a precipitation detection timer bypass.
14.
Sheet plastic and other impervious materials shall not be used in any landscape area. Weed retardant mulch, porous non-woven synthetic landscape fabric or other materials shall be used.
c.
Recommended Plantings. The following plant species are recommended to be included in landscape plans:
3.
Plantings in Wooded Settings.
(a)
Shadblow - Amelanchier canadensis
(b)
Redbud - Cercis canadensis
(c)
Flowering dogwood - Corunus florida
(d)
American holly - Ilex opaca
(e)
Rosebay rhododendron - Rhododendron maximum
(f)
Canadian hemlock - Tsugu canadensis
(g)
Mountain laurel - Kalmia latifolia
(h)
Summersweet clethra - Clethra alnifolia
4.
Plantings In and Around Detention Basins.
(a)
Red maple - Acer rubrum, "October Glory," "Red Sunset"
(b)
Pin oak - Quercus palustris
(c)
Green ash - Fraxinus pennsylvanica, "Summit," "Newport"
(d)
Amelanchier - Amerlanchier canadensis
(e)
Weeping willow - Salix babylonica
(f)
Sweetgum - Liquidambar styraciflua
(g)
Sweetbay - Magnolia virginiana
(h)
Vernal witchhazel - Hamamelis vernalis
(i)
Inkberry - Ilex verticillata
(j)
Winterberry - Ilex verticillata
(k)
Arrowwood viburnum - Viburnum dentatum
(l)
Nanyyberry viburnum - Viburnum lengago
(m)
European Cranberry bush - Viburnum opulus
d.
Shade Trees.
1.
Recommended trees. The following tree species are recommended shade trees:
(a)
Red Oak - Quercus rubra
(b)
Scarlet Oak - Quercus coccinea
(c)
Honey Locust - Gleditsia tricanthos (thornless variety, "inermis")
(d)
Red Maple - Acer rubrum, "October Glory," Red Sunset
(e)
Sugar maple - Acer saccharum "Green Mountain," "Bonfire"
(f)
Ginkgo - Ginkgo biloba (male)
(g)
Redspire Callery pear - Pyrus calleryana, "Redspire"
(h)
Chinese scholartree - Sophora japonica
(i)
Japanese Zelkova - Zelkova serrata "Village Green"
(j)
White ash - Fraxinus americana "Autumn Purple," "Rosehill"
(k)
Green ash - Fraxinus (lanceolata) pennsylvanica "Summit," "Newport"
(l)
Silver linden - Tilia tomentosa
2.
Planting. Shade trees shall be planted along all public rights-of-way and shall be spaced as follows:
(a)
Large trees (40 feet high or more at maturity): every 60 feet.
(b)
Medium-sized trees (30 to 40 feet high at maturity): every 50 feet.
(c)
Street trees shall not be closer than fifteen (15) feet from any existing or proposed street light or street intersection.
(d)
All trees shall be nursery-grown stock and shall have a root ball wrapped in burlap, with a replacement guaranty by the developer of two (2) years.
e.
Landscaping for Nonresidential Uses.
1.
Purpose. Landscaping is particularly important in nonresidential areas where the proper placement of trees and shrubs can soften the appearance of large buildings and reinforce the berms that screen parking lots, loading areas, telecommunications equipment and storage areas.
2.
In addition to the general standards established, all nonresidential uses shall meet the following requirements:
(a)
The entire lot, except for areas covered by buildings, parking, recreation or service areas, shall be seeded, sodded or planted with ground cover and suitably landscaped in accordance with an overall landscape plan.
(b)
Landscaping shall be used to accent and complement buildings. For example, groupings of tall trees to break up long, low buildings and lower plantings for tall buildings.
(c)
Vines and climbing plants shall be considered for large expanses of wall.
(d)
Massing trees shall be considered at critical points rather than in a straight line at predetermined intervals along streets and buildings.
(e)
Entrances to lots shall be given special landscaping treatment.
(f)
All landscaping in parking areas shall be carefully located so as not to obstruct vision. A variety of different types of trees shall be grouped to break up the mass of cars.
[Ord. No. 751 § 28-2.3]
a.
Electrical and mechanical equipment shall be located within the interior of a building wherever possible. When an interior location is not practical, such equipment shall be placed in a location where it can be substantially screened from public view. Roof mounted equipment shall be located so as to not be visible from the public road and shall be hidden with parapets or screens of materials which are in harmony with the building's architecture.
b.
Process equipment such as stacks, hoppers, bins, storage vessels, blowers, compressors, piping, ducting, conveyors and the like shall be located and screened so as to minimize the visual impact on adjacent properties.
c.
Ground level utilities shall be screened so as to be unobtrusive when viewed from the public rights-of-way and adjacent uses.
[Ord. No. 751 § 28-2.5]
Monuments shall be installed in compliance with the requirements of N.J.S.A. 46:23-9.11q (the Map Filing Law). Monuments may be required delineating critical area easements and conservation easements at the discretion of the Board.
[Ord. No. 751 § 28-2.6]
a.
Outdoor refuse and recycling containers shall be visually screened within a durable enclosure, six (6) feet or higher, so as not to be visible from adjacent lots or sites, neighboring properties or streets.
b.
No refuse and recycling storage areas shall be permitted between a street and the front of a building and shall conform to all yard requirements imposed by the Land Development Ordinance of the Borough of Peapack and Gladstone upon the principal buildings in the zone.
c.
No refuse and recycling storage area shall be located so as to prevent natural runoff from such areas or impair the existing water quality of any stream, watercourse or aquifer.
d.
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in sealed and covered containers which are adequate to eliminate such hazards.
e.
Refuse and recycling collection areas shall be effectively designed to contain all refuse generated on site and deposited between collections.
f.
Refuse and recycling collection enclosures shall be designed of durable materials with finishes and colors which are unified and harmonious with the overall architectural theme.
g.
Refuse and recycling collection areas shall be located to provide clear and convenient access to refuse collection vehicles.
[Ord. No. 751 § 28-2.7]
a.
Streets, parking areas, intersections, points where various types of circulation systems merge, intersect or split, stairways, sidewalks, pedestrian pathways, sloping or rising paths and building entrances and exits require illumination, unless otherwise specified in other sections of this chapter.
b.
Freestanding lights shall be so located and protected to avoid being easily damaged by vehicles. The height of such lights shall not exceed twenty-five (25) feet. Where appropriate, pathways, sidewalks and trails shall be lighted with bollard lights.
c.
The style of the light and light standard shall be compatible with the architectural style of the principal building.
d.
All lights shall be shielded so as to restrict the maximum apex angle of the cone of illumination to one hundred fifty (150°) degrees or to such lesser angle as shall be required to shield the lights from the view of any adjacent residential properties.
e.
When lights are provided, the intensity shall comply with the following standards:
f.
Service area lighting shall be contained within the service yard's boundaries and enclosure walls. No light spillover shall occur outside the service area.
g.
For all residential zones, lighting shall be provided where site specific safety conditions warrant. Where street lighting is provided, its location shall be subject to the review of the Board.
[Ord. No. 751 § 28-2.8]
Fences or walls in excess of eighteen (18) inches in height shall be considered as accessory uses to a principal permitted use and are permitted in accordance with the standards set forth below. The following shall not apply to fences or walls used in on-site equine, agricultural or horticultural uses in the RE and RR-5 zones.
a.
Type of Fence or Wall.
Degree Of Openness | ||
|---|---|---|
Solid (50% or more solid) | Semi-Open (25%, up to 50%) | Open (Up to 25%) |
Solid picket | 1 x 2 wood screen | Split rail |
Board | Contemporary picket | Contemporary rail |
Board and batten | Cinder or concrete | Wire mesh |
Louver panel | Block laid on side | Rail and wire mesh |
Staggered board | ||
Panel | ||
1 x 4 wood screen | ||
Brick | ||
NOTE: Openness is defined as the total area of solid elements divided by the total area of fence. Translucent, transparent or clear plastic or similar materials shall be considered as solid elements. |
b.
Maximum Height and Location.
Type of Fence and/or Wall | Height (feet) | Location |
|---|---|---|
All | Over 4 and up to 6 | Any fence or wall over four (4) feet in height shall not be located closer to the front lot line than the rear building line of the principal structure (excluding minor projections). Such fences may extend to the side and rear property lines. |
Type of Fence and/or Wall | Height (feet) | Location |
Solid | Up to 4 | Solid fences or walls up to four (4) feet in height shall not be located closer to the front lot line than the front building line of the principal structure (excluding minor projections). Such fences may extend to the side and rear property lines. |
Semi-open | Up to 4 | Semi-open fences or walls up to four (4) feet in height shall not be closer than ten (10) feet to the street right-of-way line and may extend to the side and rear property lines. |
Open | Up to 4 | Such fences or walls may be located anywhere on the lot up to the lot lines. |
c.
General Regulations for Fences or Walls.
1.
No fence or wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.
2.
Open security fences or walls up to eight (8) feet high shall be permitted in any nonresidential zone upon proper application to the Construction Official.
3.
Hedges and other landscaping shall be exempt from the height limitations of this subsection, but shall not be located so as to conflict with paragraph c1 above.
4.
The face or finished side of a fence or wall shall face the adjacent property.
5.
No fence or wall shall be constructed with barbed wire, metal spiked or other such dangerous material or constructed in such manner as to be dangerous to animals or humans, excluding customary farm fencing.
6.
Split rail fences used at property corners as part of a general landscaping or decorative plan, deer fencing not exceeding nine (9) feet in height in the side and rear yards, and tennis court fencing not exceeding twelve (12) feet in height, shall be exempt from the provisions of this subsection.
7.
Any fence or wall meeting the above standards may be constructed and maintained without the issuance of any permit therefor.
d.
Swimming Pool Fences. Every private swimming pool shall have a fence enclosure which complies with BOCA.
[Ord. No. 751 § 28-2.9]
a.
All streets shall be constructed in accordance with the Borough's road standards, and where applicable, the Residential Site Improvement Standards, as amended from time to time.
b.
The arrangement of streets not shown on the Master Plan shall be such as to provide for the appropriate extension of existing streets.
c.
Minor streets shall be so designed as to discourage through traffic.
e.
The applicant for subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or the street width requirements of this subsection shall dedicate additional width along either one (1) or both sides of said road. If the subdivision is along one (1) side only, one-half (1/2) of the required extra width shall be dedicated.
f.
Grades of arterial and collector streets shall not exceed six (6%) percent. Grades of other streets shall not exceed eight (8%) percent except for short runs of not more than one hundred fifty (150) feet where topography makes this limit impracticable. In these cases and for these short runs grading may be as much as ten (10%) percent. No street shall have a minimum grade of less than one (1%) percent.
g.
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than sixty (60°) degrees. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than fifteen (15) feet.
h.
Street jogs with center line offsets of less than one hundred twenty-five (125) feet shall be prohibited.
i.
A tangent at least one hundred (100) feet long shall be introduced between reverse curves on arterial and collector streets.
j.
When connecting street lines deflect from each other at any one point by more than ten (10°) degrees and not more than forty-five (45°) degrees, they shall be connected by a curve with a center line radius of not less than one hundred (100) feet for minor streets and three hundred (300) feet for arterial and collector streets.
k.
All changes in grade shall be connected by vertical curves of sufficient length to provide a smooth transition and proper sight distance as per AASHTO standards.
l.
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name. All street names shall be approved by the Land Use Board.
[Ord. No. 751 § 28-2.10]
a.
General. Where applicable, the Residential Site Improvement Standards, as amended from time to time, shall apply.
b.
Street Signs. A street sign shall be provided at each street intersection and shall match those now in use throughout the Borough. All signs shall be installed free of existing and future visual obstruction by street trees and other visual barriers.
c.
Sidewalks. All sidewalks shall be approved by the Borough Engineer and shall be at least four (4) feet in width and shall be provided on both sides of arterial streets.
d.
Traffic Signs and Control Devices. These improvements, such as "Stop," "Yield" and "One-Way" signs, etc., shall be designed and installed in accordance with applicable Federal, State, County and municipal regulations. Recommendation as to their installation may be made by the Police Department or other competent agency.
e.
Guiderails. These shall be designed to prevent cars from leaving the road. They shall be installed where danger exists to the traveling public due to steep topography, narrow roadways, location of drainage ditches or other similar conditions.
f.
Curbs. Granite or concrete block curbs shall be required on all streets.
g.
Streetlights. Streetlights shall be installed at street intersections and at the end of dead-end streets. The location of streetlights in the RE and RR-5 zones shall be at the discretion of the Board. Light output shall be appropriate for the specific location in accordance with standards recommended in the current edition of the Illuminating Engineering Society, IES Lighting Handbook.
[Ord. No. 751 § 28-2.11]
a.
Plantings Not To Obstruct Streets. Trees, shrubbery and any other planting on any lot adjacent to a street right-of-way shall be kept trimmed by the owners of such lot so that branches or other portions of said trees, shrubbery or other plantings do not overgrow, obstruct or encroach upon the paved portion of any street below a height of fifteen (15) feet, measured perpendicularly from the center line of said street, or below a height of eight (8) feet over any portion of a street abutting the paved portion.
b.
Fences and Plantings Along Street Property Line. Except as otherwise permitted, no fence, hedge, shrubbery or planting shall be placed or planted along the front of any residential lot less than three (3) feet from the curb or sidewalk.
c.
Sight Triangles. Sight triangles shall be provided and shown at all street intersections to assure full visibility of approaching traffic The sight triangle shall be triangular with the street sides being at least one hundred (100) feet by fifty (50) feet. The site triangle may be increased or decreased as individual conditions may warrant.
[Ord. No. 751 § 28-2.12]
a.
Residential Parking Spaces. For all one- and two-family residential structures, the following provisions shall apply:
1.
Access driveways may be utilized to compute off-street parking space for any one- or two-family residential structure, provided that said area does not exceed fifty (50%) percent of the total required off-street parking.
2.
In computing the size of any access driveway which may be utilized for off-street parking space for one- and two-family residential structures, each space shall have a minimum area of one hundred eighty (180) square feet and a minimum width of nine (9) feet.
3.
No access driveway used as an off-street parking area shall extend beyond any property line, nor shall any access driveway used as an off-street parking area occupy more than twenty-five (25%) percent of any required front yard for a single-family dwelling and forty (40%) percent for a two-family dwelling.
b.
Parking Area Design Standards. Car parking space standards. All required car parking spaces shall be laid out and located in accordance with the following standards set forth below.
c.
Loading Areas.
1.
Any required loading area shall be paved and shall be at least fifteen (15) feet wide, fifty-five (55) feet long and shall have a vertical clearance of at least fourteen (14) feet.
2.
Each required loading berth shall be provided with unobstructed access to and from a street. Such access shall have a width of fifteen (15) feet and may be combined with access to a parking lot.
3.
No entrance or exit for any loading area or berth shall be located within fifty (50) feet of any street intersection.
4.
All required loading areas or berths shall be on the same lot as the use to which they are accessory and shall be so arranged as to permit the simultaneous use of all berths without blocking or otherwise interfering with the use of automobile access ways, parking facilities, fire lanes or sidewalks.
5.
No off-street loading area shall be located between the front building line and the street line unless otherwise specified in this chapter.
6.
Any area used regularly for loading shall be designed to prevent hindering the free movement of vehicles and pedestrians on any street, alley, sidewalk and parking area. Loading areas shall be located in rear yards, centralized courtyards, or side yard areas and must be screened from public view.
7.
Each required loading berth shall be provided with unobstructed access drive having a width of less than fifteen (15) feet. Such access may be combined with access to a parking lot and shall not be located within fifty (50) feet of any street intersection.
8.
All required loading areas shall be on the same lot as the use to which they are accessory and shall be arranged so as to permit the simultaneous use of all berths without blocking or otherwise interfering with driveways, parking areas, fire lanes or sidewalks.
[Ord. No. 751 § 28-2.13; Ord. No. 923]
a. MULTIFAMILY HOUSING RECYCLING AREA
Definitions. As used in this subsection:
Shall mean a building containing three (3) or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings;
Shall mean allocated for collection and storage of source separated recyclable materials.
b.
Recycling Plan to be Included in Applications to Land Use Board. There shall be included in any application to the Borough of Peapack and Gladstone Land Use Board that requires subdivision or site plan approval for the construction of multifamily housing, single family developments of fifty (50) or more units or any commercial, institutional or industrial development for the utilization of one thousand (1,000) square feet or more of land, a recycling plan. The plan must contain, at a minimum, the following:
1.
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
2.
Locations documented on the applicant's site plan that provide for an indoor or outdoor recycling area for the collection and storage of residentially-generated recycling materials.
(a)
The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located; and
(b)
The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator, and shall be consistent with the District Recycling Plan adopted pursuant to section 3 of P.L. 1987, c. 102 (N.J.S.A.13:1E-99.13) and any applicable requirements of the municipal Master Plan, adopted pursuant to section 26 of P.L. 1987, c. 102; and
(c)
The location of the recycling area shall be convenient for the residential disposition of source separated recycling materials, preferably near, but clearly separated from, a refuse dumpster; and
c.
Protection of Recycling Area. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recycling materials, bins or containers.
d.
Hauling Contract Required for Certificate of Occupancy. Prior to the issuance of a Certificate of Occupancy by the Borough of Peapack and Gladstone, the owner of any new multi-family housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials, in those instances where the Borough of Peapack and Gladstone does not otherwise provide this service.
e.
Design of Containers. The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recycling paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
f.
Signs. Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
g.
Screening. Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.
h.
Provision for Solid Waste Storage and Pickup Required. Provisions shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Borough Engineer.
[Ord. No. 751 § 28-2.14]
a.
Findings. Uniformity in the exterior design and appearance of dwellings erected in the same residential neighborhoods tends to adversely affect the desirability of the immediate and neighboring areas for residential purposes, tends to impair the value of both improved and unimproved real property in such areas with attendant deterioration of conditions affecting the health, safety and general welfare of the inhabitants thereof and the community at large, and tends to deprive the municipality of tax revenues and destroys a proper balance between the taxable value of real property in such areas and the cost of municipal services provided therefor.
b.
Purpose. It is the purpose of this subsection to prevent these and other harmful effects of uniformity in the exterior design and appearance of dwellings erected in any housing development in the same residential neighborhood, and thus to promote and protect the health, safety and general welfare of the community.
c.
Design of Dwellings. Except for an isolated lot, no building permit shall be issued for the erection of any one (1) family residence unless it differs from any neighboring building, in at least four (4) of the following six (6) respects:
1.
The height of the bottom of the main eave line above the first floor; or the height of the main roof ridge above the top of the plate must differ by at least two (2) feet.
2.
The length of the main roof ridge, or in the case of a flat roof, the length of the main roof must differ by at least four (4) feet.
3.
The length between outside walls of the building, measured from the main roof at right angles to the building width must differ by at least three (3) feet.
4.
The width between outside walls of the building, measured under the main roof at right angles to the building length must differ by at least three (3) feet.
5.
Portions of the building not located under the main roof shall differ in at least two (2) of the following three (3) ways:
(a)
Horizontal distance between the portion and the nearest corner in the front elevation of the building under the main roof shall differ by at least three (3) feet, measured at right angles to the front elevation.
(b)
Height of the eave line of the portion, measured above the first floor under the main roof shall differ by at least two (2) feet.
(c)
Length of front elevation of said portion shall differ by at least three (3) feet.
6.
In the front and each of the side elevations, the distance between door and window openings must differ in at least two (2) of the following:
d.
Variety of House Designs Required. There shall be a variety of separate basic house designs in every housing development and in no event less than the following:
Total Number of Houses in the Development | Minimum Number of Separate Basic House Designs |
|---|---|
4 to 7 | 2 |
8 to 15 | 3 |
16 to 25 | 4 |
26 to 40 | 5 |
41 and over | 5 plus one for every 20 additional houses or any part thereof |
[Ord. No. 839 § 1]
a.
Purpose. The purpose of this section is to ensure that adequate open space and recreational facilities are provided within residential districts.
b.
Park and Playground Areas Required. Each residential development greater than ten (10) lots or multifamily development greater than ten (10) units shall be required to provide .0105 acres per person of park/ playground area within the development. The approving authority shall determine the population density based upon the multipliers developed from the United States Department of Commerce, Bureau of the Census, United States Census of Population and Housing, 1980, and reproduced in the new Practitioners Guide for Fiscal Impact Analysis, Robert W. Burchell, David Listokin and William R. Dolphin (New Brunswick: Center for Urban Policy Research, Rutgers, The State University, 1985) and its revisions.
c.
Active Recreational Facilities Required; Control and Maintenance. Within each park/playground area, active recreational facilities shall be provided. The nature and type of the active recreational facilities to be provided shall be in accordance with the Recreation, Park and Open Space Standards and Guidelines as published by the National Recreational and Park Association and by such demographic studies as may be provided by the applicant, which studies shall project the numbers and ages of children and adults likely to populate the development. Notwithstanding anything herein to the contrary, each park/playground area shall contain playground apparatus suitable for use for preschool children. For each park/playground area created within the development, the developer shall create a homeowner's association or some other means acceptable to the approving authority for the development to control and maintain the park/playground area.
d.
Alternative Contribution to Special Fund. The applicant, subject to a showing based upon competent evidence that the inclusion of the park/playground area would be inappropriate for the proposed development, may, as an alternative, contribute the fair market value of the cost for the development of such park/playground area as determined at the time of approval. The fair market value shall be determined by the sum of the fair market value of the land on which the park/playground area would be located after subdivision or site plan approval, together with the costs of construction of said park/playground area, including grading, drainage, landscaping and costs of apparatus. Said payment shall be required prior to the grant of a final approval. Said contributions shall be made to a fund established by the Mayor and Council, which fund will be a separate and exclusive account specifically established for the purpose of creating open space and recreational facilities within the Borough. Said funds shall be administrated by the Mayor and Council.
e.
Authority to Acquire Land. The Mayor and Council shall be authorized to acquire such lands as it may deem necessary and appropriate to provide adequate open space and recreational facilities within the Borough. The Mayor and Council shall be required to keep books and records of all transactions and activities and shall be required to submit an annual report.
[Ord. No. 751 § 28-3]
It is recognized that all of these standards may not be achievable in every subdivision or site plan application; for this reason, each application shall be carefully considered and waivers shall be granted where appropriate.
a.
Areas of Lot Disturbance. These standards aim to encourage that the disturbed areas of any parcel are to be, to the maximum extent possible, not visible from public roads and situated so as to minimize the impact of construction on the sensitive environment and to protect the rural character of the area.
1.
It is recommended that areas of lot disturbance avoid open fields which impact views from public rights-of-way.
2.
It is recommended that areas of lot disturbance be located on the edges of fields and on the edge of wooded areas to minimize the visual impact of development.
3.
Areas of lot disturbance shall not include areas with slopes of twenty-five (25%) percent or greater.
4.
It is recommended that where a lot is presently wooded, a wooded buffer of at least thirty-five (35) feet be maintained between the areas of lot disturbance and any public street.
5.
It is recommended that driveways and roads follow existing farm lands, tree lines or stone rows.
b.
Design Standards for Rural Lanes. It is the intent of these standards to minimize the amount of site disruption caused by rural lanes and the associated grading required for their construction.
c.
Design Standards for Roadways. It is the intent of these standards to minimize the amount of site disruption caused by roadways and the associated grading required for their construction.
1.
Minimum distance between access points on public roads: 200 feet. Access points shall include individual and common driveways as well as public and private roadways.
2.
It is recommended that curbing be used only where necessary to provide for stormwater management. Where curbing is required, Belgian Block or equivalent material shall be required.
3.
It is recommended that roadways follow, whenever possible, existing contours to minimize the extent of cuts and fills.
4.
Where sites include linear features such as existing access roads, tree lines and stone rows, it is recommended that roadways follow, whenever possible, these features to minimize their visual impact.
5.
It is recommended that, whenever possible, roadways not be located in open fields.
d.
Driveways. It is the intent of this paragraph to use private drives for access to the residential lots providing the following standards are satisfied:
1.
It is recommended that the number of driveways accessing off-site public streets and rural lands be kept to a minimum, whenever possible.
2.
The appropriate use of common driveways is encouraged. Where lots will access an off-site public street or rural lane, it is recommended that common driveways shall be used where appropriate to minimize the number of curb cuts required.
3.
The maximum number of units served by a common driveway shall be four (4). Accessory dwellings for guests and caretakers shall not be considered units for this purpose.
4.
Minimum driveway width: 12 feet.
5.
Maximum length of common driveway: 2,500 feet.
6.
All driveways in excess of five hundred (500) feet shall provide a ten (10) foot by thirty (30) foot turnout. The exact location of the turnout shall be determined by the Board with the review of the Borough Emergency Services.
7.
All lots using common driveways shall provide a driveway maintenance agreement to be reviewed and approved by the Board's professionals. The agreement shall contain provisions under which the Borough can enforce the terms of the agreement.
8.
Driveways shall be so constructed and maintained so as to permit all emergency vehicles to clearly traverse the driveway.
e.
Landscaping and Lawns. The goal of this section is to limit the disturbance and impacts associated with establishment of extensive residential lawns.
1.
It is recommended that existing vegetation be preserved, whenever possible, in areas where disturbance is not necessary.
2.
Where landscaping is proposed, it is recommended that every effort be made, whenever possible, to maximize the use of native species in the design.
3.
Upon completion of construction, all disturbed areas shall be landscaped or preserved with vegetative cover.
f.
Lighting. Since artificial lighting is often highly visible and adversely affects the rural character of an area, it is specifically discouraged except for the specific category listed below: Where lighting is proposed along public roads, rural lanes or common driveways, it is recommended that lighting shall be provided only where warranted to address specific safety conditions. Locations and intensities shall be subject to approval of the Land Use Board.
g.
Engineered Structures. In any development, some engineered structures are necessary for access and drainage. In order to accommodate the installation of infrastructure, the use of pigmented and textured concrete as well as the use of other natural materials is required to minimize the visual impact of these structures.
h.
Accessory Structures and Buildings.
1.
Accessory structures and buildings, whenever possible, shall not be located within fifty (50) feet of any lot line.
2.
Driveways, septic areas and wells may be located outside of the building envelope.
3.
Accessory structures and buildings, except structures used in agriculture, shall not be located in required front yard areas.
i.
Existing Structures.
1.
When a tract contains existing structures deemed to be of historic or architectural significance and, where these structures are suitable for rehabilitation, it is recommended that the structures shall be retained.
2.
Adaptive reuse of existing structures for residential use or permitted accessory residential uses is recommended.
j.
Guide Rails. Where guide rails are necessary, they shall be constructed of wood, whenever possible.
[Ord. No. 751 § 28-4]
a.
General Applications.
1.
As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall certify compliance with the performance standards contained herein. Permits and certificates required by other government agencies shall be submitted to the Board as proof of compliance with applicable codes.
2.
For use variances which must meet these performance standards, the Land Use Board shall not issue a permit for any use, structure, process or equipment until it receives certification from the applicant regarding compliance with the performance standards established herein.
3.
The regulations contained in this section shall not apply to farms or to one- and two-family dwellings but shall apply to any home occupations contained in such dwellings.
4.
All the requirements of this section shall be items covered in the developer's agreement.
5.
The standards set forth in this section shall be considered minimum standards. If standards established by the State of New Jersey or other agencies having jurisdiction over the nuisance elements require a higher standard, then the higher standard shall apply.
b.
Regulation of Nuisance Elements.
1.
The determination of the existence of nuisance elements shall be made at or to the following locations:
Nuisance Characteristic | Location of Test |
|---|---|
Smoke | Vent or smokestack |
Solid particles or fly ash | Vent or smokestack |
Odors | Property line |
Liquid waste | Property line |
Solid waste | Property line |
Radiation | Vent or smokestack |
Noise | Setback line |
Vibration | Building wall |
Glare | Property line |
Temporary change: | |
Gas | Vent or smokestack |
Liquid or solid | Property line |
2.
Continued compliance with the performance standards stated herein shall be a requirement for the continued occupancy of any structure or the operation of any process or equipment.
c.
Standards to be Enforced.
1.
Air Pollution.
(a)
General. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Borough. All provisions of Title 7, Chapter 27 of the New Jersey Administrative Code, or the regulations contained in this section, whichever shall be more stringent, shall apply.
(b)
Smoke. In any nonresidential zone, no smoke, the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provided, however, that smoke emitted during the cleaning of a firebox or the building of a new fire, the shade or appearance of which is not darker than No. 2 on the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three (3) minutes in any fifteen (15) consecutive minutes. Smoke emissions from the combustion of fuel and mobile sources and from stationary internal combustion engines shall not exceed the limits set forth in N.J.A.C. 7:27.
(c)
Solid Particles and Fly Ash.
(1)
In any zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than fifty (50%) percent of the allowable emissions established by N.J.A.C. 7:27.
(2)
No open burning, other than pursuant to an Agricultural Burn Permit, shall be permitted in any zone.
(3)
All incinerators shall be approved by the State Department of Environmental Protection.
(4)
Any road, parking area, driveway, truck loading or unloading station or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the generation of dust from the movement of such vehicles or equipment.
(d)
Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected.
2.
Wastes.
(a)
Liquid Wastes. No liquid waste shall be discharged into any watercourse in the Borough. If the applicant proposes to construct facilities for the treatment of waste, he shall supply:
(1)
A statement by the New Jersey Department of Environmental Protection that such proposed facilities are in compliance with applicable State laws and regulations.
(2)
Approval by the appropriate officials of the installation of such facilities. No liquid waste shall be discharged into the public sewage collection and disposal system unless the appropriate Borough official shall have first investigated the character and volume of such wastes and shall have certified that the Borough will accept the discharge of such waste material into the system. The applicant shall comply with any requirements of said officials, including the pretreating of such wastes, the installation of processing methods, separation or screening of wastes, control of pH and other methods of improving such wastes prior to discharge, as a condition of approval of such facilities.
(b)
Solid Waste. Each property owner shall be responsible for:
(1)
Adequate and regular collection and removal of all refuse, except where the Borough assumes such responsibility.
(2)
Compliance with all applicable provisions of the New Jersey Department of Environmental Protection.
(3)
Compliance with all provisions of Title 7, Chapter 26, of the N.J.A.C., where applicable.
(4)
No accumulation on the property of any junk or other objectionable materials.
3.
Radiation. All use of materials, equipment or facilities which are or may be sources of radiation shall comply with all controls, standards and requirements of the Atomic Energy Act of 1954, as amended, and Title 7, Chapter 28, of the N.J.A.C., whichever shall be more stringent.
4.
Noise.
(a)
The purpose of this paragraph is to ensure that the environmental character of the area surrounding the proposed use, with respect to noise, shall not be altered. The standards established herein shall be interpreted in any specific case with this objective in mind.
(b)
Measurements shall be made by a competent acoustical engineer using equipment meeting the United States of America Standards Institute Standard S 1.4 - 1961 or the latest revision thereof and S 2.22 or the latest revision. All measurements shall be made in at least eight (8) frequency bands.
(c)
Ambient noise levels shall be made for periods of at least one (1) hour and on three (3) separate occasions during the period when the proposed use shall be operated.
(d)
The permitted noise level of the proposed use, measured at the measuring location, shall not exceed the ambient noise levels in each frequency band.
(e)
Parked trucks and those loading or unloading shall be required to turn off all engines.
(f)
The maximum continuous airborne sound limits set forth in Title 7, Chapter 29, of the N.J.A.C. shall not be exceeded.
5.
Vibration. In any zone, vibrations discernible without instruments at the measuring location shall not be permitted.
6.
Glare. No single standard for glare is promulgated in this chapter due to the impracticality of establishing such standards. It is the intent of these performance standards to ensure that both direct and indirect glare, to the extent possible, are eliminated or that activities producing such glare are carried on within a structure. Necessary glare-producing devices such as roadway and walkway lighting shall be designed, constructed and maintained in such a manner as not to be a nuisance to surrounding uses.
7.
Temperature Change. Any use or process shall not produce a temperature change greater than three (3°) degrees Celsius at the measuring location.
8.
Fire and Explosive Hazards. If it appears that any proposed use, structure, process or resulting product or material may constitute a fire or explosion hazard, the Board may require the applicant to supply proof of:
(a)
Approval of the use, structure, process or resulting product or material from the State Department of Labor and Industry indicating that adequate safeguards against fire and explosion have been taken or installed.
(b)
Approval from the Borough of Peapack and Gladstone Fire Department that the applicant has complied with all applicable Borough fire prevention regulations.