[Renamed by Ord. No. 99-13]
[Ord. 2001-07; Ord. No. 16-2011]
Deviations from the performance and design standards of Article V shall be considered as exceptions within the meaning of N.J.S.A. 40:55D-51; provided however, that any deviation from Section 519 and the subsections thereto related to steep slopes shall be considered as variances pursuant to N.J.S.A. 40:55D-60(a) and/or N.J.S.A. 40:55D-70.
[Ord. No. 2001-07]
An accessory building or a private parking area shall not be
located in any required front yard space, except that nothing shall
prohibit an owner of a home from counting his driveway as one parking
space per dwelling unit and except further that any driveway in excess
of 10% slope shall not be considered as off-street parking. If erected
on a corner lot, it shall be set back from the side street to comply
with the setback line applying to the principal building for that
side street.
The minimum distance of any accessory building from a property
line or adjacent building on the same lot shall be five feet.
Accessory buildings may be erected as part of a principal building
provided that all yard requirements of this Ordinance for the principal
building including the attached accessory building are complied with.
Notwithstanding any other provisions of this Ordinance, no building
permit shall be issued for the construction of an accessory building
prior to the issuance of a building permit for the construction of
the main building to which the accessory building is accessory. If
construction of the main building does not precede or take place at
the same time with the construction of the accessory building the
Construction Official shall have cause to revoke the building permit
for the principal and accessory buildings.
[Ord. No. 99-13, renumbered
by Ord. No. 2001-07]
Campers and boats may be stored in rear or side yards provided
their locations meet the yard setback requirements for accessory buildings
in their respective zoning districts. Campers and boats may not be
occupied when stored and may be used only for temporary shelter for
recreational or leisure purposes.
Within any residential district, no building shall be constructed
or altered in a manner so that its exterior design and appearance
is not compatible and harmonious with a normal exterior residential
appearance. Typical commercial and store front designs are prohibited.
All principal building in all districts shall be clearly identified
as to building number, house number, street number, or name, by means
of a small unobstructed sign clearly visible and legible from the
main abutting street attached to either the outer most door, porch
column, or lamppost. The house number, street number, or name shall
be as assigned by the building inspector upon approval of the building
plans.
Except as previously or hereinafter provided, it shall be unlawful
to relocate, erect, construct, reconstruct, enlarge, structurally
alter, or use any buildings, structure, or land except in conformity
with the regulations of the district in which such building or structure
is located in accordance with §§ 600, 601 and 602 of
this Ordinance. See also § 508.
Except as hereinafter specified, any use, building or structure,
existing at the time of the enactment of this Ordinance may be continued,
even though such use, building or structure may not conform with the
provisions of this Ordinance for the district in which it is located.
See § 508.
The conversion of any building into a dwelling or the conversion
of any dwelling so as to accommodate an increased number of dwelling
units or families, shall be permitted only within a district in which
the new building or similar occupancy would be permitted under this
Ordinance providing all requirements for that zoning district are
also met and only when the resulting occupancy will comply with the
requirements governing new construction in such district.
[Ord. No. 2001-07]
[Ord. No. 2001-07]
The following regulations shall apply to any fences and walls:
A.
Clear Sight Distance. In any district on any corner lot, no fence,
wall, or other structure or continuous planting shall be erected or
maintained at a height exceeding three feet above road grade at the
gutter line for a distance of 30 from the intersection of curblines
or edge of pavement in the absence of such curbs.
B.
Finished Side. All permitted fences shall be situated on a lot in
such a manner that the finished or non-structural side shall face
abutting properties.
C.
Prohibited Materials. No fence or wall shall be erected of barbed
wire, topped with metal spikes, broken bottles and glass, nor constructed
of any material or in any manner which may be dangerous to persons
or animals.
D.
Location of Fencing. Fences and walls may be placed with the outer
face located on the property line.
E.
Stormwater Flow. Fences and walls shall be erected to avoid damming
or diverting the natural flow of water and shall be integrated into
a grading plan, where appropriate, that provides for the adequate
flow of storm water.
[Ord. No. 2001-07]
The following additional regulations shall apply to fences and
walls in residential districts:
A.
On any lot in any district, no wall or fence shall be erected or
altered so that said wall or fence shall be over three feet in height
in front yard areas and six feet in height in side and rear yard areas
except:
1.
A dog run may have fencing a maximum of seven feet in height provided
such area is located in rear yard areas only and is set back from
any lot line at least five feet.
2.
A deer protection fence consisting of wooden poles with horizontal
stretched wire a maximum height of eight feet in R-C and R-L Districts
shall be permitted.
B.
A private residential swimming pool area shall be surrounded by a
fence at least four feet, but no more than six feet, in height, with
no opening that permits the passage of a four inch sphere. Any passage
through the fence shall be equipped with a self-closing, self-latching
gate.
[Ord. No. 2001-07]
The following additional regulations shall apply to fences and
walls in non-residential districts:
A.
Height. Fences shall be limited to six feet in height except that
they may be increased to eight feet when adjacent to another non-residential
use. Walls shall be limited to six feet in height.
B.
Landscape Plan. Fencing and walls for all uses requiring site plan
approval shall be considered within the overall context of a landscape
plan that considers the function and aesthetic quality of the fencing
or wall.
Except as otherwise provided in this Article, the lawful use
of land existing at the date of the adoption of this Ordinance may
be continued although such use does not conform to the regulations
specified by this Ordinance for the zone in which such land, building
or structures are located, provided, however, that no existing land,
buildings or structures are devoted to a use not permitted by this
Ordinance in the district in which such lands, buildings or structures
are located, shall be enlarged, extended, constructed, reconstructed,
substituted, relocated, erected, converted to another use, or structurally
altered except in conformity with the regulations of this Ordinance
for the district in which such land, building or structures are located
except as allowed in §§ 601 and 602. Also, land on
which a non-conforming building is located shall not be reduced in
size, nor shall any lot already non-conforming be made more non-conforming
in any manner.
A non-conforming use as defined in the preceding section shall
be considered abandoned if such non-conforming use is terminated by
the owner or tenant of if the owner or tenant shall fail to use the
property for the non-conforming use for a period of 12 consecutive
months this shall be presumptive evidence of such abandonment and
thereafter such building, structure and/or land shall not be used
in a non-conforming manner.
Any non-conforming building or use which has been changed to
a conforming use shall not be changed back again to a non-conforming
building or use.
Any non-conforming building or use which has been destroyed
by fire, explosion, flood, windstorm, or other act of God shall be
examined by the following three people to determine whether the building
is more than 90% destroyed: 1) Construction Official; 2) the owner
or an architect or engineer selected by the owner; and 3) a third
person agreed to by the Construction Official and the owner. If in
the opinion of a majority of these three people the damage is greater
than 90%, the building or use shall be considered completely destroyed,
and shall not be rebuilt, restored, or repaired unless in conformity
to the building and use requirements of this Ordinance.
Such repairs and maintenance work as required to keep a building
in sound condition may be made to a non-conforming building or structure,
provided no structural alterations shall be made except such as are
required by law.
Any non-conforming use may change ownership and continue to
function as the same non-conforming use provided the other provisions
of this section are met.
Any lot existing prior to November 15, 1971 which does not meet
the minimum lot size, or a building which does not meet all the yard
requirements, may be utilized or may have additions to the principal
building and/or construct an accessory use without an appeal to the
Board of Adjustment provided: 1) the total permitted building coverage
for the existing or new structure(s) and the accessory building and/or
addition is not exceeded; and 2) the new or accessory building and/or
addition do not violate any other requirements of this Ordinance.
[Renumbered by Ord. No. 2001-07]
[Ord. No. 2001-07]
All sites within the municipality shall be provided with adequate
parking facilities for residents, visitors, employees and customers,
including but not limited to access ways, driveways, drive aisles,
internal parking lot collectors, loading areas, parking bays, parking
garages and pedestrian walkways sufficient to ensure the safe and
efficient movement of people, vehicles, and goods. All parking facilities
shall be adequately drained, screened from the public right-of-way
and adequately landscaped as required in this section. All minimum
requirements for off-street parking shall be met at the time of erection
or enlargement of any building or structure.
[Ord. No. 2001-07]
No parking lot or structure shall be permitted as the principal
use of a lot unless owned by a governmental entity or agency.
[Ord. No. 2001-07]
Parking areas for individual non-residential uses shall be designed
to be interconnected with adjacent properties and shall utilize common
entrance(s) and exit(s) where feasible, to minimize access points
to the street. Such interconnection shall be established through an
appropriate cross-access easement either unilaterally established
by one party or by mutual agreement. The cross-access easement shall
be approved by the attorney for the Board of Jurisdiction.
[Ord. No. 2001-07]
Parking lots shall be designed to control access to public streets
in appropriate locations, minimize conflict points between vehicles
and vehicles and pedestrians, minimize direct access to parking spaces
from access driveways, provide adequate landscaping for the screening
of parked vehicles from public view and shade over the lot, and control
storm water runoff.
A.
Vehicle Overhang. Where sidewalks occur in parking areas, parked
vehicles shall not overhang or extend over the sidewalk unless an
additional two feet in width is provided in order to accommodate such
overhang. Parking areas or driveways shall be designed with sufficient
depth such that no vehicle overhang shall occur over the streetline
by passenger vehicles.
B.
Parking areas shall not be an extension of any street right-of-way.
C.
Parking areas shall not exceed a 10% slope.
D.
Tree Retention. Parking facilities shall be designed to minimize
the removal of any tree eight inches in caliper or larger.
E.
Markings and Signage. All off-street parking lots shall have adequate
pavement markings and signage to indicate traffic flow and parking
spaces subject to the Board of Jurisdiction.
F.
Landscaping. Landscaping shall be required pursuant to § 510.
[Ord. No. 2001-07]
Each business or service establishment shall have access to
a loading and unloading space within 300 feet of the premises. An
adequate guarantee shall be provided that establishes a right to the
loading and unloading use, unless such space is provided by a public
entity.
A.
Business or service establishments occupying a lot of 15,000 square
feet or larger shall provide off-street loading and unloading space
on the premises.
B.
Each off-street loading area shall be a minimum of 12 feet by 35
feet.
C.
The loading area shall be so arranged to avoid impairment to the
circulation system of parking spaces, parking aisles, points of ingress
and egress, and streets.
[Ord. No. 2001-07]
Driveways providing access to parking spaces and the interior
of lots shall meet the requirements as indicated in Table 5.2.
|
Table 5.2 Driveway Standards
| |||
|---|---|---|---|
|
Driveway Requirement
|
Single and Two-Family Residential Use
|
Multi-family, Mixed or Non-Residential Use
| |
|
One-Way
|
Two-Way
| ||
|
Minimum Width
|
9 feet
|
12 feet
|
18 feet
|
|
Maximum Width
|
12 feet
|
18 feet
|
25 feet
|
|
Maximum Slope
|
15%
|
12%
|
12%
|
|
Minimum Distance from Street Intersection(1)
|
25 feet
|
20 feet ingress, 25 feet egress
|
25 feet
|
|
Minimum Distance from Side Lot Line(2)
|
3 feet
|
5 feet
|
5 feet
|
|
(1) - Measured from the edge of paving to right-of-way line
|
|
(2) - Measured from long side of driveway to lot line. Does
not apply to shared driveways
|
[Ord. No. 2001-07]
A.
All-Weather Surface. All driveways and off-street parking spaces
shall be surfaced with a bituminous concrete or portland cement concrete
so as to provide an all-weather surface, drained, and dust free in
accordance with the street specifications of the Subdivision Ordinance
of the City of Lambertville. For parking lots of 10 spaces or less
serving non-retail sales uses, the approving authority may approve
parking utilizing alternative porous materials.
B.
Curbing. All off-street parking lots, traffic islands, and other
traffic channelization devices shall be curbed with portland cement
concrete or Belgian Block with a minimum reveal of six inches or as
directed by the City Engineer. A full length depressed curb shall
be installed along the gutterline of all non-residential driveways
at their intersection with a public cartway. Such depressed curb shall
have a minimum reveal of 1 1/2 inches or as directed by the City
Engineer.
[Added 4-16-2001 by Ord.
No. 2001-07; amended 5-20-2021 by Ord. No. 09-2021]
[1]
Editor's Note: Former § 510, Pending Applications
for Building Permits, repealed by Ord. No. 2001-07.
This section shall be a minimum standard and shall apply to
all newly developed public and private buildings, developments, and
land within the incorporated areas of the City. This section shall
also apply to the expansion or renovation of any existing development
when the expansion or renovation of the existing landscape is equal
to 50% of the total undeveloped area of a lot or when the total square
footage of a structure is expanded by 50% or greater.
The following general provisions shall apply to the installation
and design of landscapes:
A.
All land areas not covered with buildings, parking, or other impervious
surfaces shall be landscaped with suitable materials. Landscaping
shall consist of trees, shrubs, ground cover, perennials, and annuals
singly or in common as well as inanimate materials such as rocks,
water, sculpture, art, walls, fences, and paving materials.
B.
A landscape design shall be provided as part of site plan and subdivision
submissions. Every applicant for subdivision or site plan approval
shall comply with the minimum standards as set forth in this section.
C.
The Board of Jurisdiction may require additional landscaping to create
an appropriate landscaping scheme for the site given the nature of
the site and the proposed development.
D.
Where subdivisions only are applied for, the minimum standards shall
apply to street trees, foundation plantings, and to common open space
and areas proposed to be dedicated to the public.
E.
All landscape plants shall be typical in size and weight for their
species and shall conform to the standards of the American Association
of Nurserymen for quality and installation.
F.
Plants with pervasive root systems shall not be located where they
may cause damage to drainage pipes or other underground utilities
and storm water management facilities and should generally be no closer
than six feet measured horizontally.
G.
All plants shall be tolerant of specific site conditions. The use
of indigenous species is strongly encouraged. Exotic, nonnative plant
species are strongly discouraged.
H.
The City shall require a minimum coverage of appropriate native vegetation in all newly landscaped areas, as set forth in § Z-510.1, Applicability, of this section. However, at no time shall the minimum coverage of appropriate native vegetation be less than 75%.
I.
The City declares that invasive species are a public nuisance that
degrade landscaped and natural areas. The City shall prohibit the
planting on all public and private properties of any plant species
identified as invasive by the New Jersey Department of Environmental
Protection, or identified as "widespread" or "emerging," or are on
the "Do Not Plant List" published by the NJ Invasive Species Strike
Team.
J.
For any action requiring regulatory approval by the Planning Board,
the City may include a requirement that the owner of the property
remove any invasive species that the City deems to be a public nuisance.
A.
Landscaping shall be conceived holistically and be designed to achieve
a thorough integration of the various elements of site design, including
building and parking placement, the natural features of the site and
the preservation of pleasing or aesthetic views. Landscaping shall
be used to accent and complement the form and type of building proposed.
B.
In the landscape design of sites, areas shall be designated for retaining
existing trees and the replacement of trees cleared from the site.
C.
Landscaping shall be located to provide effective climatic control.
The east and west walls of a building should be the most heavily vegetated
to shade for summer sun and the north to northwest area for winter
prevailing winds. The southerly facing side of a building should be
shaded from summer sun but open for solar gain during the winter.
D.
Plant's susceptibility to disease, their colors, textures, shapes,
blossoms, and foliage characteristics shall be considered in the overall
design of a landscape plan.
E.
Local soil conditions and water availability shall be considered
in the choice of landscaping.
F.
In the design process, the eventual maturity of the plant shall be
considered for its effect on circulation patterns, solar access, site
lighting, drainage, emergency access and relationship to buildings
and the streetscape.
A.
Location.
1.
Street trees shall be installed on both sides of all streets in accordance
with an approved landscape plan. Trees shall be spaced evenly along
the street between the curb and sidewalk. Where the distance between
the curb and sidewalk is less than five feet, sidewalks should be
placed in a public access easement outside of the right-of-way to
create a planting strip at least five feet wide to facilitate street
tree growth. In areas with wider sidewalks that extend to the curb,
trees shall be placed in tree wells with root guard systems. Such
tree wells shall have sufficient soil volume to support tree growth
as follows:
|
Table 5.1 Soil Volume Required by Tree Size at Maturity
| |
|---|---|
|
Tree Size at Maturity
(height in feet)
|
Soil Volume
(in cubic feet)
|
|
Large trees (45 +)
|
200
|
|
Medium-sized trees (30 to 45)
|
150
|
|
Small trees (to 30)
|
100
|
2.
Areas under sidewalks may be used to meet the soil volume requirement
provided no more than 50% of the volume is located under such hard
paving.
B.
Spacing.
1.
When trees are planted at predetermined intervals along streets,
spacing shall depend on tree size.
|
Table 5.2 Planting Interval required by Tree Size at Maturity
| |
|---|---|
|
Tree Size at Maturity
(height in feet)
|
Planting Interval
(in feet)
|
|
Large trees (45 +)
|
40
|
|
Medium-sized trees (30 to 45)
|
30
|
|
Small trees (to 30)
|
20
|
2.
Trees may be planted closer together in order to avoid interference
with utilities, roadways, sidewalks, sight easements, and street lights.
C.
Street Tree Type. All street trees shall be large deciduous trees except directly under utility wires. Tree species selection shall be approved by the Board in consultation with the Shade Tree Commission, as required by Chapter 3, Article IV, § 3-16 of the City Code and in accordance with the most current recommended tree list as specified by the Shade Tree Commission. Alternate selections may be approved at the discretion of the Board in consultation with the Shade Tree Commission.
D.
Planting Specifications. Street trees shall be substantially uniform
in size and shape, and have straight trunks. Trees shall be properly
planted and staked in accordance with standards promulgated by the
American Association of Nurserymen. Provision shall be made by the
developer for regular watering and maintenance until trees are established.
Trees are to be guaranteed for two years after the date of planting;
dead or dying trees shall be replaced by the developer during the
next suitable planting season. If a tree is replaced, the replacement
tree is to be guaranteed for two years after the date of planting.
The developer is released from this guarantee only after a tree has
survived for two consecutive years.
Any of the trees on the list currently recommended by the Shade
Tree Commission may also be used for other purposes in the design
of landscapes. The trees in Table 5.3 are recommended for site development
purposes:
|
Table 5.3 Additional Recommended Trees
| ||
|---|---|---|
|
Botanical Name
|
Common Name
|
Minimum Planting Size
|
|
Acer negundo
|
Boxelder
|
6 feet to 7 feet in height
|
|
Amelanchier alleghiensis
|
Allegheny Serviceberry
|
6 feet to 7 feet in height
|
|
Amelanchier Canadensis
|
Shadblow (Downy Serviceberry)
|
6 feet to 7 feet in height
|
|
Betula lenta
|
Black Birch
|
7 feet to 8 feet in height
|
|
Betula nigra
|
River Birch
|
7 feet to 8 feet in height
|
|
Betula populifolia
|
Gray Birch
|
10 feet to 12 feet in height
|
|
Cornus alternifolia
|
Alternate-leaf or Pagoda Dogwood
|
8 feet to 10 feet in height
|
|
Cornus florida
|
Flowering Dogwood
|
8 feet to 10 feet in height
|
|
Diospyros virginiana
|
Common Persimmon
|
2 1/2 inches to 3 inches caliper
|
|
Ilex opaca
|
American Holly
|
6 feet to 7 feet in height
|
|
Juniperus virginiana
|
Eastern Red Cedar
|
8 feet to 10 feet in height
|
|
Magnolia virginiana
|
Sweetbay Magnolia
|
8 feet to 10 feet in height
|
|
Pinus strubis
|
White Pine
|
8 feet to 10 feet in height
|
|
Pinus virginiana
|
Virginia Pine
|
8 feet to 10 feet in height
|
|
Platanus occidentalis
|
Sycamore
|
8 feet to 10 feet in height
|
|
Prunus Americana
|
American Plum
|
2 inches to 2 1/2 inches caliper
|
|
Pseudotsuga menziesii
|
Douglas Fir
|
8 feet to 10 feet in height
|
|
Quercus palustris
|
Pin Oak
|
2 1/2 inches to 3 inches caliper
|
|
Salix nigra
|
Black Willow
|
8 feet to 10 feet in height
|
|
Ulmus Americana 'Delaware'
|
American Elm, Delaware
|
3 inches to 3 1/2 inches caliper
|
Certain trees have been identified as having a high degree of
transplantation failure if installed during the fall season. These
should be noted on landscape plans as "spring planting season only."
The fall planting hazard trees include the following genus and/or
species:
Betula Pyrus
Carpinus Quercus ssp., excluding Q. palustris
Crataegus
Tilia tomentosa
Ilex opaca
Liquidambar styraciflua
Liriodendron tulipifera
The following shrubs are recommended for site development use:
|
Table 5.4 Recommended Shrubs
| ||
|---|---|---|
|
Botanical Name
|
Common Name
|
Minimum Height at Planting
|
|
Alnus serrulata
|
Smooth Alder
|
5 feet to 6 feet
|
|
Aronia arbutifolia
|
Red Chokeberry
|
30 inches to 36 inches
|
|
Aronia melanocarpa
|
Black Chokeberry
|
30 inches to 36 inches
|
|
Asimina triloba
|
Pawpaw
|
30 inches to 36 inches
|
|
Calycanthus floridus
|
Carolina Allspice
|
2 feet to 3 feet
|
|
Ceanothus americanus
|
New Jersey Tea
|
18 inches to 24 inches
|
|
Celphalanthus occidentalis
|
Buttonbush
|
24 inches to 36 inches
|
|
Clerthra alniflolia
|
Summersweet
|
24 inches to 30 inches
|
|
Comptonia peregrine
|
Sweetfern
|
18 inches to 24 inches
|
|
Cornus amomum
|
Silky Dogwood
|
30 inches to 36 inches
|
|
Cornus racemosa
|
Gray Dogwood
|
30 inches to 36 inches
|
|
Cornus sericea
|
Osier Dogwood
|
30 inches to 36 inches
|
|
Cornus stolonifera Iutea syn. Cornus sericea ssp. Sericea
|
Yellowtwig Dogwood
|
30 inches to 36 inches
|
|
Corylus Americana
|
American Hazelnut
|
30 inches to 36 inches
|
|
Corylus cornuta
|
Beaked Hazelnut
|
2 feet to 3 feet
|
|
Fothergilla gardenia**
|
Dwarf Fothergilla
|
12 inches to 18 inches
|
|
Fothergilla major **
|
Large Fothergilla
|
30 inches to 36 inches
|
|
Hammalis virginiana
|
Witch Hazel
|
4 1/2 feet to 5 feet
|
|
Hydrangea arborescens
|
Wild Hydrangea
|
24 inches to 30 inches
|
|
Hypericum prolificum
|
Shrubby St. Johnswort
|
12 inches to 18 inches
|
|
Ilex glabra
|
Inkberry
|
24 inches to 30 inches
|
|
Ilex glabra compacta
|
Compact Inkberry
|
18 inches to 24 inches
|
|
Ilex verticillata
|
Winterberry Holly
|
36 inches to 42 inches
|
|
Itea virginica
|
Virginia Sweetspire
|
24 inches to 30 inches
|
|
Juniperus horizontals bar harbor
|
Bar Harbor Juniper
|
6 inches
|
|
Juniperus horizontalis wiltoni
|
Blue Rug Juniper
|
6 inches
|
|
Kalmia latiflora
|
Mountain Laurel
|
30 inches to 36 inches
|
|
Leucotheo axillaris
|
Coast Leucothoe
|
18 inches to 24 inches
|
|
Lindera benzoin
|
Spicebush
|
36 inches to 42 inches
|
|
Myrica pensylvanica
|
Northern Bayberry
|
30 inches to 36 inches
|
|
Physocarpus opulifolius
|
Ninebark
|
30 inches to 36 inches
|
|
Potentilla fruticose syn. Dasiphora fruticose
|
Bush Cinquefoil
|
12 inches to 18 inches
|
|
Rhododendron arborescens
|
Smooth Azalea
|
30 inches to 36 inches
|
|
Rhododendron catawbienese **
|
Catawba Rhododendron
|
30 inches to 36 inches
|
|
Rhododendron maximum
|
Rosebay Rhododendron
|
30 inches to 36 inches
|
|
Rhododendron periclymenoides
|
Pinxter-flower Azalea
|
30 inches to 36 inches
|
|
Rhododendron princophyllum
|
Mountain Azalea
|
30 inches to 36 inches
|
|
Rhododendron viscosum
|
Swamp Azalea
|
30 inches to 36 inches
|
|
Rhus aromatic, inc. "Grow-Low" var.
|
Fragrant Sumac
|
18 inches to 24 inches
|
|
Rhus copallina
|
Shining or Winged Sumac
|
18 inches to 24 inches
|
|
Rosa virginiana
|
Virginia Rose
|
24 inches to 30 inches
|
|
Rubus odoratus
|
Purple-flowering Raspberry
|
18 inches to 24 inches
|
|
Salix discolor
|
Pussy Willow
|
30 inches to 36 inches
|
|
Sambucus Canadensis
|
Elderberry
|
30 inches to 36 inches
|
|
Sambucus racemosa
|
Red Elder
|
30 inches to 36 inches
|
|
Spiraea alba
|
Meadowsweet
|
18 inches to 24 inches
|
|
Spiraea latifolia
|
Broadleaf Meadowsweet
|
18 inches to 24 inches
|
|
Spiraea tomentosa
|
Steeplebush
|
18 inches to 24 inches
|
|
Symphoricarpos orbiculatus
|
Coralberry
|
18 inches to 24 inches
|
|
Thuja occudentalis
|
American Arborvitae
|
8 feet to 10 feet
|
|
Thuja occudentalis nigra
|
Dark American Arborvitae
|
8 feet to 10 feet
|
|
Vanninium angustifolium
|
Lowbush Blueberry
|
12 inches to 18 inches
|
|
Vaccinium corymbosum
|
Highbush Blueberry
|
30 inches to 36 inches
|
|
Viburnum acerifolium
|
Maple-leaf Viburnum
|
24 inches to 30 inches
|
|
Viburnum dentatum
|
Arrowwood
|
30 inches to 36 inches
|
|
Viburnum lentago
|
Nannyberry
|
30 inches to 36 inches
|
|
Viburnum nudum var. nudum
|
Possom-haw Viburnum
|
30 inches to 36 inches
|
|
Viburnum prunifolium
|
Blackhaw Viburnum
|
30 inches to 36 inches
|
|
Viburnum trilobum
|
American Cranberrybush
|
2 feet to 3 feet
|
|
** Native in U.S. further south
| ||
Landscaping buffers are areas required to minimize and visually
screen any adverse impacts or nuisances on a site or from any adjacent
area.
A.
General requirements.
1.
Landscape buffers shall consist of a combination of deciduous trees,
conifers, shrubs, and if appropriate, fences or walls in sufficient
quantities and sizes to perform their necessary screening function.
2.
Buffers may be installed in required yard areas except for reverse
frontage buffers where they shall be in addition to the required yard
area.
3.
Buffers shall be continuous except for access drives as approved
by the Board of Jurisdiction. Stormwater management facilities, parking,
dumpster enclosures, accessory building or aboveground structures,
and similar encroachments shall not be permitted in the required buffer
area.
B.
The minimum width of a landscape buffer shall be dependent on the
proposed use of a property and the land uses adjacent to it in accordance
with Table 5.5.
|
Table 5.5 Required Minimum Buffer Width
| ||||||
|---|---|---|---|---|---|---|
|
Proposed Land Use
|
Adjacent Land Use
| |||||
|
Residential Type A(1)
|
Residential Type B(2)
|
CBD Retail/Office
|
Other Retail/Office
|
Institutional/Quasi-public
|
Industrial
| |
|
Residential Type A(1)
|
None
|
None
|
10 feet
|
15 feet
|
None
|
25 feet
|
|
Residential Type B(2)
|
None
|
None
|
5 feet
|
10 feet
|
None
|
25 feet
|
|
CBD Retail/Office
|
10 feet
|
5 feet
|
None
|
None
|
None
|
15 feet
|
|
Other Retail/Office
|
15 feet
|
10 feet
|
None
|
None
|
None
|
15 feet
|
|
Institutional/Quasi-public
|
15 feet
|
10 feet
|
None
|
None
|
None
|
25 feet
|
|
Industrial
|
25 feet
|
25 feet
|
15 feet
|
15 feet
|
25 feet
|
None
|
|
(1)
|
Residential Type A equals single-family detached, duplex and
semi-detached dwellings.
|
|
(2)
|
Residential Type B equals all other dwellings except those in
institutional settings, i.e., residential health care facilities,
skilled nursing facilities and assisted living facilities. The institutional
category shall apply to these exceptions.
|
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 the public right-of-way and adjacent
buildings, to reduce the overall visual impact of parking lots, and
to provide shade and reduce heat island effects. All nonresidential
parking lots and residential parking lots in excess of five spaces
shall conform to the following requirements:
A.
The minimum width of landscape islands shall be eight feet on the
side of parking spaces and 10 feet between parking bays. If sidewalks
are incorporated through the long axis of the landscape islands, their
width shall be added to these requirements. Where the parking lot
design will result in pedestrians cutting perpendicularly through
landscape islands, sidewalks shall be installed at regular intervals
through its short axis.
B.
Landscape islands within parking lots shall be planted with a combination
of deciduous trees, evergreen and deciduous shrubs, and ground cover
at the rate of six large or medium trees, four small or ornamental
trees and 60 shrubs per 100 lineal feet along the long axis of the
island.
C.
Parking and loading areas shall be screened by a combination of hedges,
fences and/or walls. The minimum screening height at planting shall
be 2 1/2 feet and shall have a height of at least four feet within
three years of installation. Loading dock areas shall be screened
with a minimum height of six feet at planting and shall achieve a
height of at least 10 feet five years after installation. Land use
mitigation buffers pursuant to Table 5.11 may be used to meet these
requirements.
D.
Parking lot lighting should be sited within landscape islands, however, without hindering necessary lighting coverage. See also § Z-511 for lighting requirements.
E.
No more than 20 parking spaces shall be placed in one row of parking
without an intervening landscape island.
Landscape design within the Lambertville Historic District and
historic sites outside of the district shall encourage the preservation
of historic resources and natural amenities and areas of unique character
within the landscape. This may include, but is not limited to, bodies
of water, streams, windbreaks, groves of trees, hedge rows, orchards,
unique vistas, historic structures and landmarks. Redevelopment in
the Lambertville Historic District shall be designed to preserve and
utilize cultural resources of the historic landscape.
A.
Topsoil Preservation. Topsoil moved during the course of construction
shall be redistributed on all regraded surfaces so as to provide at
least four inches of even cover to all disturbed areas of the development
and shall be stabilized by seeding or planting.
B.
Removal of Debris. All stumps and other tree parts, litter, brush,
weeds, excess or scrap building materials, or other debris shall be
removed from the site and disposed of in accordance with New Jersey
Department of Environmental Protection regulations. No tree stumps,
portions of tree trunks or limbs shall be buried anywhere in the development.
All dead or dying trees, standing or fallen, shall be removed from
the site. If trees and limbs are reduced to chips, they may, subject
to approval of the City Engineer, be used as mulch in landscaped areas,
provided they have been properly composted.
C.
Slope Plantings. Landscaping of the area of all cuts and fills and/or
terraces shall be sufficient to prevent erosion, and all roadway slopes
steeper than 3:1 shall be planted with ground covers appropriate for
the purpose and soil conditions, water availability, and environment.
D.
Additional Landscaping. In residential developments, besides the
screening and street trees required, additional plantings or landscaping
elements shall be required throughout the subdivision where necessary
for climate control, privacy, or for aesthetic reasons in accordance
with a typical planting plan approved by the Board of Jurisdiction.
E.
Planting Details. Planting details shall be consistent with the American
Association of Nurserymen recommendations as they may be amended or
superseded.
A.
Standards for Tree Retention. The following standards shall apply
to all trees regardless of location:
1.
Existing trees on a site contemplated for development shall be retained
to the greatest feasible extent.
2.
In off-street parking areas and stormwater management facilities,
islands of trees shall be retained. These requirements shall not pertain
to individual single-family detached and two-family dwellings.
3.
No paving of any impervious nature shall be placed within the dripline
of any tree, and the grade shall be such that drainage of rainwater
will water the root area without pooling or exceeding the requirements
of the species. Excess water shall be admitted to storm sewers in
the parking lot or drained by other means acceptable to the City Engineer.
4.
Any live tree which is substantially damaged as a result of grading
or general construction shall be replaced with another tree. A tree
shall be substantially damaged when 1/2 or more of the tree bark is
destroyed below four feet or the trunk is girdled.
5.
Any tree used in a required planting, or to replace a damaged tree,
shall have a trunk or main stem which is at least 2.5 inches in caliper
in accordance with the specifications herein, unless the tree is used
for stormwater management facility plantings, and shall meet the specifications
of the American Association of Nurserymen standards.
6.
Existing trees are encouraged to be used for the required buffer zone of trees and shrubs to be established in accordance with § Z-510.8.
7.
Trees in the area between the street line and the setback line of
the building shall be preserved to the greatest extent possible.
8.
Specimen trees in excess of 24 inches in diameter, measured 4 1/2
feet above grade, shall not be removed unless diseased or a hazard
to the general public.
9.
No trees on public rights-of-way, parks, or public areas are to be
removed by private individuals except as approved by the Administrative
Officer or other officer designated by the Governing Body. The removal
of trees shall not be permitted from a Master Plan right-of-way unless
trees are dead, diseased, or endanger life or property, or a letter
of approval is obtained from the Governing Body or Administrative
Officer. Conversely, no trees are to be planted on public rights-of-way
without express approval granted as part of a site plan or subdivision
application or by the Administrative Officer.
B.
Methods of Tree Protection. All persons shall exercise due care to
protect trees which are to be retained from damage during construction.
Critical root zones shall be protected by the use of fencing located
at the dripline in accordance with the City of Lambertville engineering
standards. The procedures in this subsection shall be observed in
order to protect retained trees, as follows:
1.
Protection from mechanical injury.
a.
Prior to any grubbing or clearing, all trees in the tree protection
zone from its edge to a depth of 25 feet into the zone shall be protected
from equipment damage by enclosing the area at the dripline. Individual
trees to be retained shall be completely encircled as required herein.
All exposed roots, trunks, and low-lying branches shall be equally
protected. Groups of trees in an area to be retained after construction
may be protected by fencing the entire area where they are located.
Compaction of the ground by mechanical, vehicular, storage of materials,
or other means within the dripline shall not be permitted.
b.
Feeder roots shall not be cut within the dripline; however,
if feeder root cutting is waived in order to further other objectives
of this section, such cuts shall be made by hand with pruning shears
to produce sharp, clean cuts. Removal of feeder roots by mechanized
equipment shall not be permitted.
c.
Tree trunks and exposed roots shall not be damaged. However,
accidental damage shall be addressed and action taken to avoid further
injury to the tree. Damaged branches shall be sawed off at the branch
collar. No shellac or pruning paint shall be used. When the portion
of the tree that is damaged is diseased, pruning equipment shall be
dipped in alcohol to prevent further spread of disease.
d.
Deciduous trees shall be given a liquid, slow-release, low-nitrogen,
all-purpose fertilizer to aid in their recovery from potential damage
from construction activities. Such application shall be made at a
distance of one foot from the trunk extending out in concentric circles
to the dripline. The fertilizer shall be injected into the ground
at the time of the cessation of construction and one year thereafter.
e.
Trees shall not be used for roping, cabling, signs, or fencing.
Nails and other fastening devices shall not be driven or attached
to the tree.
f.
The area in the critical root zone under the dripline shall
be left open to provide access for water and nutrients. No impervious
cover, storage of equipment, materials, debris or fill shall be allowed
within this area except as specifically approved by the Board of Jurisdiction.
g.
Trees being removed under the allowances in this section shall
not be felled, pushed, or pulled into a tree protection or tree save
area.
2.
Protection from grade change.
a.
Increase in grade. If an increase in the grade of the land is
proposed, the applicant shall install either:
(1)
A system of gravel and drains at the old soil level which opens
into a dry well built around the trunk and individually designed for
the contour of the land to provide aeration and drainage.
(2)
A retaining wall between the existing grade and higher grade
to the satisfaction of the City Engineer.
3.
Protection from excavation. Trenches for utility lines or other similar
uses shall adhere to the following, listed in descending order of
preference:
a.
Trenches shall bypass the critical root area unless the approving
authority determines that no other practical alternative exists; in
which case.
b.
Trenches should be tunneled under the feeder roots a minimum
of two feet from existing grade, unless the approving authority determines
that no other practical alternative exists; in which case
c.
Trenches may be dug within the dripline of the tree, provided
that the following provisions shall be observed:
[Added 4-16-2001 by Ord.
No. 2001-07]
[1]
Editor's Note: Former § 511, Principal Use, repealed
by Ord. No. 2001-07.
A.
Sufficient lighting shall be provided on each site or along roadways
to ensure the security of property and to protect the safety of persons
during the hours of sunset and sunrise when the establishment or facility
is in use.
B.
Lighting shall be so designed to avoid the creation of hazards to
motorists and pedestrians or nuisance to adjoining property owners
or residents. Lighting directed towards the sky shall be designed
to prevent interference with commercial aviation routes.
C.
Lighting levels, lamp color, and fixture type shall be consistent
throughout the parcel in question and shall complement building architecture
and landscaping.
D.
Lighting shall be designed to minimize energy and maintenance requirements
and shall comply with the U.S. Energy Policy Act of 1992 as it may
be amended or superseded.
E.
Exterior lighting not building mounted shall be supplied by electricity
from underground cabling.
F.
Lighting proposed for public streets shall be designed to be integrated
into the City's existing street lighting system.
All public and private streets shall be sufficiently illuminated
to ensure traffic and pedestrian safety under all weather conditions.
A.
Design Criteria. The design of street lighting shall take into consideration:
1.
The brightness of the abutting uses in comparison to pavement brightness
as seen by both motorists and pedestrians;
2.
The ability to discern objects on the street or its edge in comparison
to abutting uses; its brightness contrast;
3.
The time available to the motorist and pedestrian to view such objects;
4.
The amount of direct glare from the luminaire or lamp and reflected
glare from the pavement.
B.
Lighting Standard Placement. Lighting standards shall be located
at the following places:
C.
Staggering. Light standards shall be staggered on both sides of the
roadway.
D.
Fixture Type. In general, any street lamp type installed by the electric
service provider shall be permitted, subject to the approval of the
Department of Public Works, Parks and Public Property, taking into
account the existing lighting standards and cost of maintenance and
operation, provided that the illumination provided is greater than
or equal to the following:
Parking lots shall be adequately lighted for both motorists
and pedestrians in accordance with Table 5.10.
|
Table 5.10 Minimum Illumination for Surface Parking
| ||
|---|---|---|
|
Activity Type
|
Vehicular Traffic Footcandles
|
Pedestrian Walkway Footcandles
|
|
Low activity
|
0.5
|
0.2
|
|
Medium activity
|
1.0
|
0.6
|
|
High activity and intersections
|
2.0
|
0.9
|
A.
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.
B.
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
is 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. 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.
[Added 4-16-2001 by Ord.
No. 2001-07]
[1]
Editor's Note: Former § 512, Required Yards Cannot
Be Used by Another Building, repealed by Ord. No. 2001-07.
All developments shall provide for adequate solid waste disposal,
including provisions for recycled materials.
There shall be at least one trash and recycling pick-up location
provided for each multi-family or non-residential building which shall
be separated from parking spaces either inside or outside the building.
All trash and recycling locations shall be enclosed and located in
a manner which is obscured from view from parking areas, streets and
adjacent residential; and non-residential uses or zoning districts
by a fence, wall, planting or combination of the three.
All exterior solid waste enclosures shall be constructed of
materials compatible with the architectural materials of the building.
If located within the building, one door may serve both the
loading and trash/garbage functions and if located outside the building,
it may be located adjacent to or within the general loading area(s)
provided the container in no way interferes with or restricts loading
and unloading functions. Moreover, if located outside the building,
the container shall be situated on the same horizontal plane as the
driveway providing access to the container.
[Added 4-16-2001 by Ord.
No. 2001-07]
[1]
Editor's Note: Former § 513, Service Stations, repealed
by Ord. No. 2001-07.
Subdivision layout shall be designed to encourage the development
of the land which, through the standards adopted in this Ordinance,
provide for flexibility in planning and development and that respect
the natural character of the land, its drainage system, soil capabilities,
groundwater and aquifer recharge quality, and existing uses on adjacent
lands. Compliance with this section shall be determined on the basis
of inventories of the natural features of the site, plans indicating
the physical relationship among types of uses and any natural or man
made barriers, existing or planned, between different uses both within
and adjacent to the proposed development. Subdivision plans shall
be designed to meet these objectives and the following design standards:
A.
Lot Configuration. Lots shall be configured to meet the following
requirements:
1.
Side lot lines shall be either at right angles or radial to street
lines.
2.
Lots shall be regular in shape, with rectangular-shaped lots preferred.
The Board of Jurisdiction shall have the right to reject irregularly
shaped lots with unusual geometric configurations.
3.
Pie slice-shaped lots are to be avoided except on a radius of less
than 100 feet.
4.
Where extra width has been dedicated, or proposed for dedication
or reservation, for the widening of existing streets, lots shall begin
at such new street line and all setbacks shall be measured from such
line, unless modified by § 400.9.
5.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors, including but not limited to,
steep slopes, poor drainage, flood prone lands and wetlands, the Board
of Jurisdiction may withhold approval of such lots. If approval is
withheld, the Board shall give reasons for such withholding on the
record.
B.
Blocks. Blocks shall be configured to meet the following requirements.
1.
Blocks shall be wide enough for two tiers of lots and shall not be
less than 200 feet in width. This requirement shall not preclude the
appropriate design of alleys through blocks.
2.
Blocks shall be designed to include no more than 24 residential lots.
3.
Blocks shall generally be not less than 300 feet long nor more than
600 feet long. Where for unusual reasons blocks in excess of 600 feet
are approved by the Board of jurisdiction, the block shall incorporate
a mid-block pedestrian right-of-way at least 10 feet wide connecting
through the block to the right-of-ways. Pedestrian rights-of-way shall
be improved with sidewalk in accordance with the RSIS (N.J.A.C. 5:21
et seq.).
[Ord. No. 2001-07]
[Ord. No. 2001-07]
No use shall produce a strong dazzling light or a reflection
of a strong dazzling light beyond its lot lines. Exterior lighting
shall be buffered so that glare will not become a nuisance to adjoining
properties or adjoining districts.
No use shall produce heat perceptible beyond its lot lines.
Further, no process shall be permitted which would cause the temperature
to rise or fall in any part of ponds, streams, or other water courses.
The sound level of any operation (other than the operation of
motor vehicles or other transportation facilities, operations involved
in the construction or demolition of structures, emergency alarm signals
or time signals) shall not exceed the decibel levels in the designated
octave bands as stated below. The sound-pressure level shall be measured
with a Sound Level Meter and an Octave Band Analyzer that conform
to specifications published by the American Standards Association,
New York, New York.
The maximum permissible sound-pressure levels for smooth and
continuous noise shall be as follows (all of the decibel levels stated
below shall apply in each case) between the hours of 10:00 p.m. and
7:00 a.m.:
|
Frequency Band
(cycles per second)
|
Maximum Permitted Sound-Pressure Level
(decibels)
|
|---|---|
|
20 to 75
|
69
|
|
75 to 150
|
54
|
|
150 to 300
|
47
|
|
300 to 600
|
41
|
|
600 to 1,200
|
37
|
|
1,200 to 2,400
|
34
|
|
2,400 to 4,800
|
31
|
|
Above 4,800
|
28
|
|
If the noise is not smooth and continuous (if the variation
of the noise level involves maxima at intervals of one second or less,
it is to be considered as continuous noise) or it is not radiated
at nighttime, one or more of the corrections below shall be added
or subtracted from each of the decibel levels given above.
|
|
Type of Operations or Character of Noise
|
Correction in Decibels
|
|---|---|
|
Daytime Operation Only (7:00 a.m. to 10:00 p.m.)
|
+5
|
|
Noise occurs less than 5% in any one-hour period.
|
+5
|
|
Noise is of peculiar character (hum, scream, etc.) or is of
impulsive character (hammering, etc.), (in the case of impulsive noise,
the correction shall apply only to the average pressure during an
impulse, and impulse peaks shall not exceed the basic standards given
above.)
|
-5
|
A.
No highly flammable or explosive liquids, solids, or gases shall
be stored in bulk above ground, except tanks or drums of fuel directly
connecting with energy devices, heating or appliances located and
operated on the same lot as the tanks or drums of fuel.
B.
All outdoor storage facilities for fuel, raw materials and products
and all fuel, raw materials and products stored outdoors shall be
enclosed by an approved safety fence.
C.
No materials or waste shall be deposited upon a lot in such form
or manner that they may be transferred off the lot by natural causes
or forces, nor shall any substance which can contaminate a stream
or water course or otherwise render such stream or water course undesirable
as a source of water supply or recreation, or which will destroy aquatic
life, be allowed to enter any stream or water course.
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
containers which are adequate to eliminate such hazards.
No use shall cause earth vibrations or concussions in excess
of the standards outlines below, with the exception of that vibration
produced as a result of construction activity. The standards below
are as set forth in the Table of Frequency Amplitude Relations. Vibrations
shall be expressed as displacement in inches and shall be measured
with a standard three-component measuring system, which is a device
for recording the intensity of any vibration in three mutually perpendicular
directions.
|
Frequency of Ground Motion in Cycles Per Second
|
Maximum Amplitude of Ground Motion in Inches
(Not More Than)
|
|---|---|
|
Up to 10
|
0.0305
|
|
20
|
0.0153
|
|
30
|
0.0102
|
|
40
|
0.0076
|
|
50
|
0.0061
|
|
60
|
0.0051
|
All regulations of the State of New Jersey shall be complied
with regarding dust and smoke.
[Amended 4-16-2001 by Ord. No. 2001-07]
The purpose of this section is to encourage the effective use
of signs as a means of communication, to maintain and enhance the
aesthetic environment and the City's ability to attract economic development
and growth, to improve pedestrian and vehicular safety and the circulation
thereof, to minimize the adverse effects of uncontrolled signs on
public and private property, and to enable the fair and consistent
enforcement of sign regulations.
[Ord. No. 2002-12]
A.
Accessory Uses. Signs shall be permitted as accessory uses in all
zoning districts provided that any sign hereafter erected in the City
of Lambertville conforms with the provisions of this section and any
other ordinance or regulation of the municipality, or the State or
Federal government relating to the erection, alteration, or maintenance
of signs. In the event of conflicting regulations, the most restrictive
shall apply.
B.
Sign Permit. A permit shall be required for the installation of all
signs, unless exempted from such requirements under § 515.2.M.
The structural safety requirements governing construction and erection
of all signs and the issuance of permits shall be controlled by the
Uniform Construction Code (UCC) of the City of Lambertville, but this
section shall supersede the UCC with respect to areas wherein signs
are erected, their location, size, design, illumination, and all such
characteristics which relate to zoning regulation.
C.
Maintenance. All signs shall be kept in a proper state of repair,
in accordance with pertinent regulations. Signs which fall into such
a state of disrepair as to become unsightly or to pose a threat to
public safety may be removed by the City 30 days following notice
by certified mail to the owner of record and the City shall have the
right to recover from said owner the full costs of the removal and
disposal of such signs.
D.
Rights-of-Way. No sign other than traffic control or official governmental
signs shall be erected within or project over the right-of-way of
any public street or sidewalk, except as hereinafter provided.
E.
Imitation of Official Signs. No sign shall be erected that is of
such character, form, shape or color that it imitates or resembles
any official traffic sign, signal or device, or that has any characteristics
which are likely to confuse or dangerously distract the attention
of the operator of a motor vehicle on a public street.
F.
Sight Triangles. No sign shall be erected at the intersection of
any streets improved for vehicular traffic within the triangular area
formed by the right-of-way lines, and a line connecting them at points
30 feet from their intersection, unless the topmost portion of said
sign is less than 2.5 feet high or attached to a building. In no case
shall any sign be so erected that it dangerously impedes the vision
of motorists or pedestrians, or otherwise endangers their safety.
G.
Prohibited Placement. No sign shall be placed on any tree, telephone
pole, electric light, public utility pole, wall, fence, or vacant
building (excepting for sale or rent signs), or upon rocks or other
natural features.
H.
Permitted Uses. No sign shall be erected containing a message that
states or implies that a property may be used for any purpose not
permitted in the zoning district in which said sign is located under
the provisions of this Ordinance.
I.
Public Property. Any sign installed or placed on public property,
except in conformance with the requirements of this section, shall
be forfeited to the public and subject to confiscation. In addition
to other remedies that may be imposed under this Ordinance, the City
shall have the right to recover from the owner or person placing such
sign the full costs, including legal costs, of removal and disposal
of such sign.
J.
Illumination. Signs exempt from permits in accordance with § 515.2.M
shall not be illuminated, unless otherwise excepted. Any other sign
may be illuminated, unless otherwise prohibited.
K.
Computation of Sign Area. For the purposes of this section, "sign
area" shall mean the area expressed in square feet, within a rectangle
enclosing the extreme limits of writing, symbols, logos, letters,
figures, emblems, or other representations plus all material or color
forming an integral part of the sign or used to differentiate the
sign from the background against which it is placed, provided that:
1.
In the event a sign is designed with more than one face, the area
shall be computed by including only the maximum message display area
visible from any one point, provided that the message is the same
on each face;
2.
The supports, uprights, or other structure on which any sign is attached
shall not be included in the calculation of sign area unless such
structure is designed in such a manner as to form an integral part
of the sign's message or otherwise conveys meaning;
3.
The area of lamps, neon tubing, or other artificial illumination
visible on a sign shall be counted as part of the total allowable
sign area.
L.
Prohibited Signs. Any sign that is not permitted by the provisions
of this section is hereby prohibited, with the following signs specifically
prohibited:
1.
Flashing, blinking, twinkling, animated, moving, or projected signs
of any type, with the exception of time and temperature displays as
otherwise permitted.
2.
Banners, pennants, streamers, or similar devices constructed of cloth,
fabric, cardboard or other like material; vehicle signs; portable
signs; balloon signs, or other inflated signs; and searchlights, displayed
for the purpose of attracting the attention of pedestrians and motorists;
unless otherwise excepted.
3.
Any sign so erected, constructed, or maintained as to obstruct any
fire escape, window, door, or other opening used as a means of ingress
and egress.
4.
Any message or advertisement which uses a series of three or more
signs placed in a line parallel to a street each of which contains
part of such message or advertisement.
5.
Any signs that emit smoke, vapor, vibration, or noise. Any sign that
emits electromagnetic radiation outside the wavelengths of visible
light discernible beyond the property boundary.
6.
Any sign which, when applying contemporary community standards, has
a dominant theme or purpose which appeals to prurient interests.
7.
Any sign attached to the roof of a building, or a facade sign that
projects above the lowest level of a roof or beyond the corner of
a wall.
8.
Off-premise signs, except as specifically permitted.
M.
Signs Exempt From Permits. The following signs are exempt from the
need to secure permits:
1.
Official governmental signs. Such signs may be illuminated.
2.
Historical markers. Building markers that may contain the building
name, date of construction, restoration award, historical data, or
other pertinent information provided that such marker does not exceed
two square feet and is made of cast, cut or etched masonry, metal,
or similar durable material.
3.
Trespassing and hunting. Signs that relate to the control of trespassing
and hunting on property, provided they do not exceed two square feet
in area nor are spaced closer than 50 feet to each other.
4.
Emergency. Emergency warning signs erected by a governmental agency,
public utility, pipeline company, or contractor doing such work authorized
or permitted by such agency, utility, or company. Such signs may be
illuminated.
5.
Public notice. Any public notice required by a valid and applicable
federal, state, or local law, regulation, or ordinance.
6.
Interior signs. Any sign within a building, not attached to a window
or door, that is not legible from the lot line on which is located
said building.
7.
Incidental. Incidental signs shall be permitted provided they do
not exceed one square foot in area.
8.
Residential. Residential facade signs shall be permitted provided
that the size of the sign does not exceed four square feet in area.
9.
Project development. Project development signs shall be permitted
where final approval of a site plan or subdivision has been granted
by the Board of Jurisdiction and which may indicate the name of the
development, developer, financier, architect, or contractors. Such
signs shall not exceed 32 square feet in sign area or eight feet in
height. No more than one sign per street frontage shall be permitted
up to two such signs per project. All such signs shall be removed
within 14 days of the issuance of a conditional Certificate of Occupancy
that permits the occupation of a building, in the case of a non-residential
development, or when 75% of the dwelling units in a residential development
have been issued Certificates of Occupancy.
10.
Change in the copy of a changeable copy sign, once a permit
for that sign has been issued.
11.
Traffic control. Traffic control devices on private property,
such as "stop", "yield" and other such signs, provided that the face
of the sign meets the standards of the New Jersey Department of Transportation
for such signs, do not contain a commercial message of any type, and
provided that their location has been approved by the Planning Board
or the Zoning Board of Adjustment, as the case may be.
12.
Flags. Flags of the United States, the States, county, or municipality,
foreign nations having diplomatic relations with the United States,
and any other flag adopted or sanctioned by an elected legislative
body of competent jurisdiction, provided that such flag shall not
exceed 120 square feet in area and shall not be flown from a pole
that exceeds 40 feet in height. Other flags shall be considered freestanding
signs and shall be governed by such regulations that may apply in
the applicable zoning district in which such flag is located. Flags
may be illuminated.
13.
Name and address. Name and address signs attached to the facade
of a building or on a mailbox, provided that the size of the sign
does not exceed one square foot. Address lettering shall be a minimum
of three inches in height in order to be legible to emergency personnel.
14.
Temporary signs. The following temporary signs only shall be
permitted:
a.
Banners. Banners, provided they are erected by a governmental
authority or have been approved by such authority for non-profit or
charitable organizations. No banner with the same message may be displayed
for more than 30 consecutive days. Banners may project over a right-of-way.
b.
Election signs. Such signs may not exceed 32 square feet in
area; may not be erected more than 45 days prior to the day of the
election, referendum, or other plebiscite; and shall be removed within
seven days after such election, referendum, or other plebiscite. No
more than one sign shall be permitted on any one property, however,
different messages may be combined on one sign provided the area limitation
is not exceeded.
c.
Grand opening and business relocation signs. Grand opening and
business relocation signs shall be permitted for a period of time
not to exceed 30 days from the initial opening of a business or a
change in the ownership of the premises on which the sign is located.
Grand opening signs may be facade signs, freestanding signs, or banners.
Business relocation signs may be facade or window signs. Grand opening
and business relocation signs shall not exceed the total sign area
permitted on the premises for permanent facade signs. Grand opening
signs shall be permitted in addition to any permanent signage allowed.
d.
Real estate and contracting. Temporary real estate signs and
signs of contractors, mechanics, painters, paperhangers and/or artisans,
on the lot on which the real estate for rent or sale is located, or
the lot on which the contracting work is being performed shall be
permitted. Said signs shall not be larger than six square feet in
area nor more than four feet high for residential uses and 24 square
feet in area nor more than six feet high for institutional, commercial
or industrial uses. They shall be removed within seven days of the
completion of the sale or rental of the premise; or, completion of
the work to which the sign relates.
e.
Window signs. The total area of all window signs shall not exceed
25% of the glass area of the window in which placed. No window sign
with the same message shall be displayed for more than 30 days. Signs
of a permanent nature in windows, such as gilded name or neon signs,
shall be considered facade signs within the meaning of this section
and shall require a sign permit. Incidental signs in windows shall
not be included in the area calculation.
f.
Yard or garage sales. Such signs shall not exceed four square
feet; shall not be erected more than seven days prior to such sale;
and shall be removed within 48 hours after the sale. No premise shall
be permitted to erect such signs more than four times in any calendar
year.
N.
Non-conforming Signs.
1.
All signs erected prior to the enactment of this section or subsequent
amendments, which are not in conformity with the provisions thereof,
shall be deemed non-conforming signs. Non-conforming signs may continue
provided that such signs comply with the maintenance standards of
§ 515.2C.
2.
Any change in a non-conforming sign or a conforming sign installed
prior to the enactment of this section shall be made in strict compliance
with its provisions.
O.
Abandoned Signs. No person shall maintain or permit to be maintained
on any premises owned or controlled by him or her, a sign which has
been abandoned. An abandoned sign for the purpose of this section
is a sign located on, and/or related to the use of a property which
becomes vacant and unoccupied; any sign which was erected for an occupant
or business unrelated to the present occupant in business; or any
sign which related to a time, event, or purpose which is past. Any
such sign shall be abated by the owner or person controlling the property
within 30 days of the date of abandonment as herein defined. Any sign
identifying an abandoned use, as provided for by this Ordinance, shall
itself be considered to be abandoned. Notwithstanding these provisions,
in the event that the Historic Preservation Commission determines
that a sign within the Lambertville Historic District is an integral
part of the architectural design of an historic building or a historic
structure in itself, such sign shall not be subject to the requirement
for removal.
P.
Sign Permit Procedures. The following procedures shall apply to the
issuance of sign permits:
1.
Application for a sign permit shall be made to the Zoning Officer
on the forms provided by the City.
2.
The application shall be accompanied by an accurate plot plan of
the lot, scaled not greater than one inch equals 10 feet nor less
than one inch equals 50 feet, that indicates the location of buildings,
parking lots, driveways, landscaped areas, and other pertinent data
if a freestanding sign is proposed. On the plot plan shall be drawn
the location of each existing or proposed sign. A color photograph,
not less than three inches by five inches nor larger than eight inches
by 10 inches shall be submitted for each sign presently existing on
the site and/or the facade of any sign proposed to be attached thereof.
A drawing to scale of each proposed sign, including the dimensions,
colors, materials, and method of attachment shall be submitted.
3.
Applications for signs in the CBD Central Business District zone
shall be reviewed by the Planning Board and shall be considered minor
site plans for the purposes of this section; however, the submission
requirements shall be limited to the information in paragraph P.2
above. Applications for signs in other districts shall be reviewed
by the Zoning Officer. If the sign applied for complies with the requirements
of this section, the Zoning Officer shall issue such permit within
14 days of application.
A.
Freestanding Signs. Freestanding signs, except for directional signs,
shall comply with the following requirements:
1.
Freestanding signs shall be permitted only in the front yard.
2.
No freestanding sign shall be erected closer to the curb line or
edge of paving than 10 feet, or five feet from a public sidewalk,
whichever is more, except as otherwise provided herein.
3.
A freestanding sign shall not be used in conjunction with a canopy
sign.
4.
No freestanding sign shall exceed six feet in height in a residential
district.
B.
Facade signs. Facade signs shall comply with the following requirements:
C.
Awning signs. Awning signs shall comply with the following requirements:
1.
Signs on awnings shall be limited to the lower vertical fringe of
the awning; or, on curved awnings, the lower one-third.
2.
Lettering on awnings shall not exceed six inches in height.
3.
Awning signs shall be permitted in lieu of facade signs and shall
comply with the size limitations of facade signage.
D.
Canopy Signs. Canopy signs shall comply with the following requirements:
1.
Canopy signs are only permitted in conjunction with gasoline service
stations and similar commercial uses where the canopy is required
to provide cover and protection for outdoor equipment and service
areas.
2.
No more than one canopy sign shall be allowed per canopy fascia,
and no more than two such signs per canopy shall be permitted.
3.
No part of the canopy sign shall be less than 12 feet nor more than
18 feet above ground level.
4.
The area of a canopy sign shall not exceed 50% of the area of the
canopy fascia or 30 square feet, whichever is less.
E.
Changeable Copy Signs. Changeable copy signs shall comply with the
following requirements:
1.
All such signs shall be permanently affixed to the ground or to a
structure.
2.
Copy shall be changed electronically or by means of moveable lettering
and shall not be changed more than once every 24 hours. Changeable
copy signs that are changed more frequently shall be considered animated
signs.
3.
Changeable copy signs may not be located in any residential zoning
district, excepting institutional uses.
4.
Changeable copy signs may be either freestanding, canopy, or facade
signs.
5.
Changeable copy signs for commercial uses shall be limited to the
advertising of live performances and motor fuel prices.
F.
Directional Signs. Directional signs shall comply with the following
requirements:
1.
Directional signs that are freestanding shall not exceed 2.5 feet
in height and may be located at the streetline, provided that such
signs do not obscure the vision of motorists.
2.
Directional signs shall not exceed three square feet in area.
3.
Directional signs shall contain no commercial message.
G.
Directory Signs. Directory signs shall comply with the following
requirements:
1.
The sign shall be located within the site or complex so as to allow
motorists to leave the flow of traffic and safely read the directory;
or, shall be placed at the main entrance to a building.
2.
The sign may contain a map or floor plan diagram, as the case may
be, indicating the location of the buildings or offices listed on
the directory.
3.
Any such sign shall not exceed eight square feet in sign area.
4.
A freestanding directory sign shall not exceed five feet in height.
H.
Projecting Signs. Projecting signs shall comply with the following
requirements:
I.
Time and Temperature Signs. Time and temperature signs shall comply
with the following requirements:
1.
Time and temperature signs shall be permitted in any district in
which commercial uses are permitted, provided that they do not encompass
more than 20% of the allowable sign area for the type of sign upon
which they are placed.
2.
Time and temperature signs shall be permitted in addition to any
other allowable signage for the property.
3.
The time and temperature display may alternate, provided that the
period of time that one display is shown is not less than one second.
In the R-C, R-L, R-1, R-2 and R-3 Residential Districts the
following signs only shall be permitted:
A.
Signs for Residential and Institutional Uses.
1.
One residential facade sign shall be permitted per premise.
2.
One freestanding sign identifying a multi-family housing development
shall be permitted on each street frontage that provides direct access
to the property, provided that such sign does not exceed 32 square
feet in sign area.
3.
One freestanding sign identifying an institutional use shall be permitted
on each street frontage that provides direct access to the property,
provided that such sign does not exceed 32 square feet in sign area.
The freestanding sign may contain a changeable copy portion not to
exceed 24 square feet in area, provided that the total sign area does
not exceed 32 square feet.
B.
Signs in accordance with § 515.2M of this section, excepting
window signs.
C.
Signs for non-residential uses. Non-residential uses in residential
districts, excepting institutional uses hereinabove, shall be permitted
signs in accordance with § 515.5.
In addition to those signs otherwise allowed in Residential
Districts, the following signs shall be permitted for non-residential
uses in the CBD Central Business District:
A.
Freestanding Sign. One freestanding sign may be erected not to exceed
12 square feet in area nor six feet in height.
B.
Facade or Projecting Sign. One facade or one projecting sign may
be erected facing each street frontage. The permitted sign area shall
be 5% of the total facade area, or a maximum of 16 square feet, whichever
is less.
C.
Changeable Copy. Changeable copy signs shall be permitted for institutional
uses, establishments booking live performances, and for service stations
selling motor fuel. Such signs shall not exceed 12 square feet in
area and shall be integrated with permanent copy freestanding or facade
signs as otherwise permitted.
D.
Directory Signs. One directory sign shall be permitted attached to
the facade at a main entrance, rear entrance, or stair access to upper
floors. One additional directory sign shall be permitted at the entrance
to a main driveway for any lot exceeding one acre in size.
E.
Menu Signs. Restaurants or other eating establishments may erect
one additional facade sign for the placement of a menu or other bill
of fare, provided the sign does not exceed four square feet in area.
F.
Awning Signs. Signs on awnings shall be permitted; however, any such
sign shall be considered a facade sign for the purposes of this section
and shall adhere to the sign limitations thereof.
G.
Signs in accordance with § 515.2M.
H.
Time and Temperature. One time and temperature sign shall be permitted
per commercial premises.
In the C-2, C-3, and O Districts the following signs only shall
be permitted:
A.
Freestanding Sign. One freestanding sign may be erected on each street
frontage that contains a minimum of 100 feet of lot frontage and with
direct vehicular access from that street. The permitted sign area
shall be 1/2 square foot of sign area for each linear foot of building
frontage, or a maximum of 40 square feet, whichever is less. No such
freestanding sign shall exceed 12 feet in height. Freestanding signs
shall contain only one commercial message.
B.
Facade Sign. One facade sign may be erected facing each street frontage
with direct vehicular access from that street. The permitted sign
area shall be 5% of the total facade area, or a maximum of 20 square
feet, whichever is less. For retail centers with multiple tenants,
each individual store shall be permitted one facade sign not to exceed
1/2 square feet of sign area per linear front foot of store or 16
square feet, whichever is less.
C.
Canopy Sign. One 1 sign each on opposite ends of a canopy fascia
may be permitted as otherwise allowed under § 515.3D.
D.
Changeable copy signs shall be permitted only for institutional uses.
E.
Directional signs shall be permitted provided each sign does not
exceed three square feet in area.
F.
Directory Signs. One directory sign not to exceed six square feet
shall be permitted at a main entrance.
G.
Menu Signs. Restaurants or other eating establishments may erect
one additional facade sign for the placement of a menu or other bill
of fare, provided the sign does not exceed four square feet in area.
H.
Signs in accordance with § 515.2M.
I.
Time and Temperature. One time and temperature sign shall be permitted
per commercial premises.
In the P&R District the following signs only shall be permitted:
A.
Freestanding Sign. One freestanding sign may be erected on each street
frontage not to exceed 32 square feet in area.
B.
Changeable copy signs shall be permitted only for institutional uses.
C.
Directional signs shall be permitted provided each sign does not
exceed three square feet in area.
D.
Directory Signs. One directory sign not to exceed six square feet
shall be permitted at a main entrance.
E.
Signs in accordance with § 515.2M.
Signs erected in the City of Lambertville shall conform to the
following design guidelines and standards. In this section, guidelines
are overall principles to be used in the design of signs. Standards
are to be followed in the placement and design of signs unless specifically
waived by the Planning Board.
A.
Design Guidelines.
1.
Signs should strengthen the architectural diversity of the City's
buildings. Signs which obscure or ignore a building's architecture
should be avoided.
2.
Signs should be appropriate for the era in which the building was
constructed.
3.
Signs should not alter the way in which a building functions. Signs
should not block light into a building.
4.
Signs should be integrated with a building's architecture in terms
of form, materials, and size.
5.
Designers should strive for creativity in the form and variety of
signage within the size limitations set forth herein.
6.
Designers should include symbols, images, and other objects to convey
the type of establishment using the sign.
7.
The typeface used to represent words should convey the character
of the establishment and the era of the building.
B.
Design Standards.
1.
Facade sign locations. The following facade sign locations are recommended.
a.
Single story commercial buildings. The parapet wall above the
glass storefront.
b.
Two or more story commercial buildings. The wall above the glass
storefront but below the window sills of the second floor. If there
are projecting cornices or beltlines separating the first and second
stories, the facade sign should be placed below them.
c.
Commercial buildings converted from residences. Next to the
first floor doorway or window, below any porch or added mansard or
pent roof between the first and second floors.
2.
Freestanding sign location. Freestanding signs should be set back
from the sidewalk five feet, or 10 feet from the curbline if there
is no sidewalk.
3.
Projecting sign locations. Projecting signs for first floor establishments
should be just below the second floor windows. Projecting signs for
second floor or higher establishments should be located above the
second story windows.
4.
Contrast. The contrast of a sign's lettering and symbols with its
background should be sharp to convey legibility.
5.
Sign complexity. Facade and freestanding signs oriented towards motorists
should convey no more than seven items of information. More complex
signage should be limited to projecting signs oriented towards pedestrians.
6.
Sign materials. Sign materials should relate to the architectural
style of the building. Where modern buildings are designed to evoke
an earlier era, signage should reflect that age. The following standards
are recommended:
a.
Pre World War I: Painted or carved, smooth surfaced wood; carved
stone; cast brass; tinned and forged metal; and gold-leafed lettering.
b.
World War I to 1940: Any of the above, plus individual wood
or metal letters on building facade.
c.
1940 to 1960: Any of the above, plus neon signs.
d.
1960 to present: Any of the above, plus internally illuminated
plastic faced signs, internally illuminated individual letters, and
sandblasted wooden signs.
Consideration will be given to other sign materials or to more
modern signage materials for older buildings provided that the purposes
of the design guidelines are maintained.
7.
Illumination. In general, unless the building belongs to the present
era, internally illuminated signs are discouraged. Illumination should
be accomplished through external floodlights trained on the sign face.
[Ord. No. 99-13]
Except as hereinafter provided, no building permit shall be
issued for any building or use or enlargement of any building or use
or development unless a site plan is first submitted and approved
by the City of Lambertville Planning Board or Zoning Board of Adjustment
as the law permits, and no certificates of occupancy shall be issued
unless all construction conforms to the approved plan.
[Ord. No. 18-2017]
Site plan review and approval shall not be required for:
A.
Building permits for individual lot applications involving only a
detached one- or two-dwelling unit building.
B.
Accessory buildings as otherwise permitted for subsection 516.2A
uses.
C.
Other buildings incidental to residential uses.
D.
The alteration or repair of an existing building which is not either
a detached one- or two-dwelling unit building, or change in authorized
use, upon recommendation by the Zoning Officer and ratification by
the Board having jurisdiction that the alterations or repair:
1.
Will not result in additional lot coverage whether by buildings or
site improvements.
2.
Will not increase the number of required off-street parking or loading
spaces.
3.
Will conform to the maximum and minimum zoning standards as set forth
herein.
4.
Is not proposed in conjunction with a use requiring a conditional
use permit.
E.
The provisions of this section shall not limit the requirements for
submission and approval of subdivisions as otherwise required by Code
of the City of Lambertville or City ordinance.
[Ord. No. 18-2017]
A.
The Board of Jurisdiction, on its own authority or with the recommendation
of the Zoning Officer as set forth herein, may waive the requirement
for site plan approval whenever there is a determination that the
proposed development, alteration, repair, or change of use or occupancy
does not affect the existing conditions of the lot or premises, including:
topography, vegetation; drainage; floodplains; marshes and waterways;
open space; walkways; means of ingress and egress, utility services,
landscaping; structures; signs; lighting and screening devices; intensity
of use; changes in seating or floor space requirements; changes in
parking allocations, and other considerations of site plan review.
B.
The Zoning Officer shall have the authority, in the first instance,
of reviewing initially an application seeking waiver of formal site
plan review for compliance with the standards set forth herein for
granting of the waiver, if such initial review is sought by the applicant.
If the conditions for a waiver have been presented, the Zoning Officer
shall recommend in writing that the Board having jurisdiction formally
ratify the recommendation and grant the requested waiver, with or
without conditions, by itself or in connection with any other action
to be taken or relief to be granted with respect to the application.
The submission of escrows for professional review shall not be required
for this initial review and recommendation of the waiver application
by the Zoning Officer and ratification and approval thereof by the
Board having jurisdiction. If the Zoning Officer or Board having jurisdiction
determine that the waiver cannot be granted without the submission
of additional information requiring professional review for its proper
evaluation, the deposit and escrow provisions of this Ordinance shall
apply to the application.
C.
Any applicant desiring a waiver under this section shall present
sufficient credible evidence to allow the Zoning Officer and the Board
to reach such conclusions as would permit the grant of the waiver.
Such evidence shall consist of sketches, property descriptions, methods
of operation, photographs, testimony, or other documentation or information
as the Zoning Officer and the Board may require. The reviewing Board,
on its own authority or in reviewing a recommendation for granting
the waiver, shall render its decision based on such evidence and may
attach conditions to any waiver so granted. The waiver shall only
be deemed to have been granted formally upon the affirmative vote
of the Board to do so.
The owner or applicant shall submit four black line prints to
the Planning Board at least three weeks before the meeting at which
discussion is desired. One copy shall be forwarded to the County Planning
Board. The Planning Board shall either approve or disapprove the site
plan within 90 days of the date of proper filing or upon such further
time as agreed to by the applying parties but not before the expiration
of the thirty-day period within which the County Planning Board may
submit a report on said site plan.
Each site plan submitted shall be at a scale of one inch equals
50 feet, prepared by a licensed architect, or engineer, including
accurate lot lines certified by a licensed engineer or land surveyor,
submitted on one of four of the following standard sheet sizes (8 1/2
inches by 13 inches; 30 inches by 42 inches; 24 inches by 36 inches;
or 15 inches by 21 inches) and including the following data:
A.
North arrow;
B.
Scale;
C.
Existing and proposed street names if any;
D.
Contour lines at two foot intervals;
E.
Title of plan; streams;
F.
Total acreage to one hundredth of an acre;
G.
Total building coverage in acres and percent of lot;
H.
Total number of parking spaces;
I.
All dimensions needed to confirm conformity to the Zoning Ordinance
such as but not limited to buildings, lot lines and yard areas;
J.
A small key map giving the general location of the parcel to the
remainder of the municipality; and
K.
A separate map showing the site in relation to all remaining lands
in the applicant's ownership.
Each site plan submitted to the Planning Board for approval
shall have the following information shown thereon or be annexed thereto:
A.
Size, height, location and arrangement of all proposed buildings
and structures, in accordance with the requirements of this Ordinance,
including a rendering of such building or a typical building showing
front, side and rear elevations.
B.
Proposed circulation plans including access streets, aisles and lanes,
driveways, parking spaces, loading areas, loading berths or docks,
pedestrian walks, and all related facilities for the movement and
storage of goods, vehicles and persons on the site and for access
and egress to and from all parts of the site. Such plans shall be
accompanied by cross-sections of streets, aisles lanes and driveways
and shall adhere to the following provisions:
1.
§ 509, Off-Street Parking and Loading and specific zone
requirements of this Ordinance.
2.
§§ 600 and 700 of the Land Subdivision Ordinance.
3.
Sidewalks shall be provided from each building entrance/exit along
expected paths of pedestrian travel such as, but not limited to, access
to parking lots, driveways, other buildings and across common yard
spaces between buildings where pedestrian traffic can be expected
to be concentrated.
C.
Landscaping plan including seeded and/or sodded areas, grading, fencing,
signs, recreation areas, shrubbery, trees and buffer areas in accordance
with the following standards:
D.
The proposed location of all drainage, sewage and water facilities
with proposed grades, capacities and materials to be used. Such plans
shall be reviewed by the City Engineer with recommendations to the
Planning Board. Proposed lighting facilities shall be included showing
the direction and reflection of the lighting.
E.
A written description of the proposed operations of the building(s)
including the number of employees or members of non-residential buildings;
the proposed number of shifts to be worked and the maximum number
of employees on each shift; expected truck and tractor-trailer traffic;
emission of noise, glare, air and water pollution; safety hazards,
and anticipated expansion plans incorporated in the building design.
F.
For proposals in the CBD Zone a written description of the use and
conformity to provisions and requirements of the CBD Zone regarding
preservation of appearance and character of the CBD Zone shall be
submitted.
[Ord. No. 2002-12]
In any event, the standards noted above and elsewhere in this
Ordinance shall be for the general purposes of:
A.
Enhancing the neighborhood.
B.
Providing adequate access and off-street parking and loading facilities
for employees and visitors.
C.
Providing fencing and/or landscaping where reasonably necessary for
safety and/or aesthetic purposes.
D.
Preventing uses which may or may not tend to endanger life or property
or create hazards from fire, explosion, radiation or produce objectionable
smoke, heat, glare, vibration, or noise whether or not any of such
hazards are confined to the property shown on the site plan.
E.
Requiring that all raw materials, fuel, goods in process, finished
goods, machinery, equipment, trucks and other motor vehicles shall
be confined within areas which are either housed or screened from
public view from abutting streets or adjoining residential properties.
F.
Prohibiting the emission of noxious, toxic or corrosive fuels, gases
or odors or the exhaust of waste into air of dust or other substances.
G.
Providing off-street parking areas which shall meet the construction
standards set forth in the Subdivision Ordinance for street.
H.
Preserving the appearance and character of the CBD Zone.
The Planning Board, in the evaluation of an application for
a conditional use, shall make the following findings in any approval
of such use:
A.
The use for which an application is submitted is specifically permitted
as a conditional use in the zoning district in which the proposed
use would be located.
B.
The design, arrangement, and nature of the proposed use will not
increase the danger of fire, or panic, or otherwise endanger the public.
C.
Reasonable consideration shall be made as to the compatibility of
the proposed use within the existing neighborhood or community including
the number of employees or users of the property, the potential effect
upon adjacent property values, the need for the proposed use in the
community, and the mitigation of potentially adverse environmental
effects.
D.
The proposed use shall not impair an adequate amount of light or
air to adjacent properties.
E.
The proposed use shall not overcrowd the land or create an undue
concentration of population.
All conditional uses shall also be required to obtain site plan
approval, unless the Planning Board shall grant a waiver from such
requirement.
A.
Conformance to Standards. Conditional uses shall conform to any additional
standards specified for the use in question in the applicable zoning
district.
B.
Burden of Proof. The applicant for a conditional use shall have the
burden of proof in establishing that the criteria for so granting
such use shall have been met. In all cases the applicant's burden
of proof shall contain sufficient and credible evidence to fully support
the assertions made by the applicant.
C.
Effect of Approval. In the granting of an approval for a conditional
use, the applicant shall secure a building permit or, in the case
where no building permit is required, a certificate of occupancy,
within one year from the date of approval, otherwise the granting
of the conditional use shall be deemed null and void.
All pools shall require a building permit prior to installation.
Private swimming pools shall adhere to the standards of the
New Jersey Uniform Construction Code.
Public swimming pools or clubs intended for open use of the
public or to club members shall adhere to the following standards:
A.
Said pools shall be located within a lot area of a minimum of one
acre within such area may also be located terraces, change house,
refreshment stand and similar accessory uses.
B.
The pool shall occupy no more than 20% of the lot area. Said area
shall include total water surface including separate wading pools,
swimming tanks, and diving tanks.
C.
No edge of any pool or separate swimming tank shall be closer to
any property line than 20 feet.
D.
The pool shall be enclosed with a fence or, in lieu thereof, located
on a terrace, or landscaped, or surrounded by structures or any combination
of the above or similar techniques in order to control access to the
immediate pool area.
E.
The pool shall be lighted both internally and externally but in no
case shall any light be directed in a direct or indirect fashion upon
any adjacent property. All standards used for exterior lighting shall
not exceed 25 feet in height and shall be no closer than 25 feet to
the edge of any pool. All lighting shall be in compliance with the
applicable National Electrical Code.
F.
All pools shall be constructed below the surface of the ground except
that for a period not to exceed one swimming season, any public pool
may be erected above ground after which such pool shall be located
below ground if it remains on the same tract.
G.
All pools shall be landscaped to effectively screen the view and
noise of the pool from neighboring properties.
H.
All loud speakers or public address systems shall be located on or
in the immediate area of the pool and be directed so that said speakers
are not directly aimed at any adjacent residential buildings.
I.
One off-street parking space shall be provided for every 30 square
feet of water surface.
Pools included as part of the overall development of high rise
or garden apartments or townhouses, whether open to the public or
used as a private facility for the apartment residents, shall adhere
to the following standards:
A.
Pools shall be located within an area no less than 4,000 square feet
that is devoted to the use of the pool.
B.
The total area of the surface of the water including separate wading
pools, swimming tanks and diving tanks shall be no more than 40% of
the land area devoted to the use of the pool.
C.
No edge of any pool or separate swimming tank shall be closer to
any building or property line than 20 feet.
D.
The total land devoted to the use of the pool shall be enclosed with
a fence no less than eight feet in height nor more than 10 feet in
height.
E.
The pool shall be lighted both internally and externally but in no
case shall any light be directed in a direct or indirect fashion upon
any apartment house or adjacent property. All lighting shall be in
compliance with the applicable National Electrical Code.
F.
All pools shall be constructed below the surface of the ground.
G.
If any portion of the pool, part of the land devoted to the use of
the pool, light standard or loud speakers are located closer to any
residential building or other property line of another lot than 50
feet, adequate buffers of trees and shrubs shall be provided.
All pools referred to in §§ 518.1, 518.2, and
518.3 shall have all the areas surrounding the pool made and kept
neat and attractive so as to be in conformity with surrounding property
and no rubbish, debris, or litter shall be permitted to remain or
accumulate in or about the pool.
[Amended 11-15-1999 by Ord. No. 99-3, 7-8-2011 by Ord. No. 2011-16]
A significant percentage of the undeveloped land within the
City of Lambertville and particularly that acreage which is east of
NJ Route 29 is characterized by slopes in excess of 15% (hereinafter
referred to as steep slopes). The Environmental Resources Inventory,
which was adopted as part of the Lambertville Master Plan on January
15, 1992 and updated on May 2008 includes a description of the environmental
impacts associated with development on steep slopes and includes a
map, entitled "Slopes", which depicts the areas of steep slope and
their relative gradients.
Lands which slope greater than 15% are widely recognized to
warrant special development standards in order to protect properties
below the steep slopes from nuisances, such as stormwater flooding
and slope erosion with sediment and debris deposition, to minimize
the cost of public services and facilities related to new development,
to preserve significant woodlands and wildlife habitat and to preserve
natural visual amenities such as ridgelines and scenic vistas. The
special requirements of steep slopes have been recognized by the NJ
State Planning Commission, the NJ Department of Environmental Protection
[and Energy (Coastal Resources Regulations)], the NJ Council on Affordable
Housing, the NJ Department of Community Affairs (Model Subdivision
and Site Plan Ordinance), the Regional Plan Association and many municipalities
through local land use regulations.
It is the purpose of this section to protect the health, safety
and welfare of people and property within the City of Lambertville
from improper construction and site development on steep slopes and
hillside areas within the City. More particularly, but without limitation,
this section is intended to establish performance standards and design
guidelines for development to address the peculiar hazards which exist
in hillside areas by reason of erosion, siltation, flooding, soil
slippage, surface water runoff, pollution of potable water supplies
from nonpoint sources, elimination of mature woodlands and wildlife
habitat and destruction of unique and predominant views.
It is a further purpose of this section to encourage the appropriate
planning design and development of sites within hillside areas to
permit reasonable utility of the land for its zoned use while achieving
the legitimate public purposes of preservation of significant natural
resources, protection of private property and efficiency of governmental
operations.
This § 519 shall be applicable to any application
for development or land disturbance to steep slopes with an area of
greater than 150 square feet within the City of Lambertville.
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, and includes porous paving, paver
blocks, gravel, crushed stone, decks, patios, elevated structures,
and other similar structures, surfaces, or improvements.
The construction of structures or improvements on areas which
previously contained structures or other improvements.
Any slope equal to or greater than 15% as measured over any
minimum run of 10 feet. Steep slopes are determined based on contour
intervals of two feet or less.
The percent of slope (rise in feet per horizontal distance)
shall be established by measurement of distance perpendicular to the
contour of the slope. The percent of slope shall be calculated for
each two-foot contour interval. For example, any location on the site
where there is a one-foot rise over a ten-foot horizontal run constitutes
a 10% slope; a 1.5 foot rise over a ten-foot horizontal run constitutes
a 15% slope; a two-foot rise over a ten-foot horizontal run constitutes
a 20% slope (see Steep Slopes Illustration diagram at § 519.12).
Applicants shall submit a steep slope analysis to the Board having
jurisdiction showing slope classes: 1) 0% — 15%; 2)
15.1% — 20%; 3) 20.1% — 30%; and 4)
greater than 30%, all of which shall be delineated on a plat conforming
to the requirements of sections 513, 516.5, and 516.6. The analysis
shall be based upon a topographic survey, prepared by a licensed NJ
surveyor (PLS) or engineer (P.E.), which shows elevations at two foot
intervals with slopes measured between adjacent contour lines.
A.
For steep slopes any disturbance shall be prohibited except as provided
below:
1.
Redevelopment within the limits of existing impervious surfaces;
and
2.
Disturbance on areas of steep slopes shall be limited according to
the following schedule:
|
Extent of Slope
|
Maximum Extent of Disturbance of Sloped Area
|
|---|---|
|
0% — 15%
|
No limit, but adhere to design guidelines
|
|
15.1% — 20%
|
30%
|
|
20.1% — 30%
|
10%
|
|
30.1% +
|
No disturbance permitted
|
B.
The applicant shall demonstrate through site plans to the appropriate
Board having jurisdiction over the development application that the
proposed development and topography of the new disturbance is not
located in areas with a 30% or greater slope and does not exceed the
limit of development in § 519.5 above.
A.
Applications for development of any lot containing slopes in excess
of 15% shall be accompanied by a steep slope analysis showing slope
classes of 0% to 15%, 15.1% to 20%, 20.1% to 30%, and greater than
30% (see Steep Slopes Illustrations diagram at § 519.12).
Any application pertaining to a lot depicted with steep slopes on
the Master Plan map entitled "Slopes" shall include a steep slopes
analysis. The analysis shall be based upon a topographic survey, prepared
by an appropriately licensed NJ professional, which shows elevations
at two foot intervals with slopes measured between adjacent contour
lines.
B.
The Board of Jurisdiction, when reviewing variance applications pursuant
to N.J.S.A. 40:55D-70 to the standards set forth in § 519.5,
as part of its consideration and determination of the statutory positive
and negative criteria, shall consider the following:
1.
For applications to exceed the limits on disturbance on slopes of
15% — 20% and 20% — 30% the applicant must demonstrate
that:
a.
The site cannot be reasonably utilized for its zoned use without
the requested relief;
b.
The extent of relief is the minimum needed to permit reasonable
utilization of the site;
c.
All applicable standards regarding stormwater management will
be satisfactorily addressed including the proper protection and stabilization
of all disturbed areas consistent with the design techniques established
by the Soil Erosion and Sediment Control Standards, adopted and amended
by the New Jersey State Soil Conservation Committee; and,
d.
The proposed development adheres to the design guidelines for
steep slopes at the greatest practicable extent.
2.
For application to disturb slopes greater than 30%, the applicant
must demonstrate that:
a.
All utility of the site for its zoned use would be effectively
foreclosed without the requested relief;
b.
The extent of relief is the minimum needed to permit reasonable
utilization of the site;
c.
All applicable standards regarding stormwater management will
be satisfactorily addressed including the proper protection and stabilization
of all disturbed areas consistent with the design techniques established
by the Soil Erosion and Sediment Control Standards, adopted and amended
by the New Jersey State Soil Conservation Committee; and,
d.
The proposed development adheres to the design guidelines for
steep slopes at the greatest practicable extent;
e.
For every 250 square feet of 30% or over steep slope disturbed,
the maximum allowable impervious cover shall be reduced by 10%.
No variance or other relief may be granted without a showing
that such variance or other relief can be granted without substantial
detriment to the public good and will not substantially impair the
intent and the purpose of the zone plan and the zoning ordinance.
The applicant will be required to post a bond, prior to building permit
issuance, of an amount satisfactory to the Board's Engineer, that
will be held by the City to restore and/or stabilize a site that has
been disturbed and not properly stabilized for more than six months
(this is not to be interpreted as replacing the timing for compliance
with the Soil Erosion and Sediment Control Standards and the jurisdiction
of the Hunterdon County Soil Conservation District). The bond shall
not be released until the City Engineer has certified that permanent
stabilization has been achieved.
C.
Applications for development of any lot containing slopes in excess
of 15% shall conform to the design guidelines in this section.
A.
Applications for building permits or for site disturbance on pre-existing
lots containing slopes in excess of 15% shall be accompanied by a
steep slope analysis showing slope classes of 0% to 15%, 15.1% to
20%, 20.1% to 30%, and greater than 30% (see Steep Slopes Illustrations
diagram at § 519.12). Any application pertaining to a lot
depicted with steep slopes on the Master Plan map entitled "Slopes"
shall include a steep slopes analysis. The analysis shall be based
upon a topographic survey, prepared by a licensed NJ surveyor (PLS)
or engineer (P.E.), which shows elevations at two foot intervals with
slopes measured between adjacent contour lines.
B.
The applicant may apply to the City Engineer for permission to limit
the extent of the topographic survey to be submitted if, for instance,
only a small portion of the lot will be impacted by the proposed improvements/site
disturbance. Alternatively, the applicant's engineer may demonstrate
that the proposed improvements/site disturbance is of such a de minimis
extent, proven by analysis using existing LiDAR topographic data (New
Jersey Highlands Council), is sufficient to provide adequate information
for the City Engineer to review such proposed improvements/site disturbance.
C.
Any application for a building improvement, either freestanding (such
as a shed) or an addition to an existing structure (including decks),
which involves combined building coverage and site disturbance of
not more than 150 square feet in area shall be exempt from the requirements
of this section, provided that the applicant has not previously applied
for such exemptions within three years of the date of application.
D.
The Zoning Officer shall review and have the authority to approve
applications for disturbance of slopes in connection with building
permits or for site disturbance on pre-existing lots which conform
to the requirements of § 519.5.
E.
Applications for site disturbance which are limited solely to removal
of trees and/or vegetative cover need not include a grading plan in
the submission, except for operations requiring road construction
and/or heavy equipment access.
Where permitted as a conditional use in the underlying zoning
district, development of a lot or lots affected by steep slopes as
defined herein may be approved by the Planning Board, provided the
following criteria are met:
A.
The conditions for cluster residential housing shall be as follows:
1.
The site shall be served by public water and sewer.
2.
A minimum of 25% of the total site area shall be constrained by steep
slopes.
3.
The applicant shall submit an alternative subdivision plan meeting
the design requirements of the Residential Site Improvement Standards
(N.J.A.C. 5:21-1 et seq.) which demonstrates that the site cannot
reasonably be developed with the same number of lots permitted under
the conventional development of the underlying district.
B.
The maximum gross density of the development shall be based on the
limitations of the underlying district.
C.
Allowable uses and housing types shall be the same as the limitations
of the underlying district.
D.
The following minimum residential lot standards shall apply:
1.
Minimum Lot Area: 5,000 square feet.
2.
Minimum Lot Width: 50 feet measured along the road frontage unless
a curve or cul-de-sac in which case it shall be measured at the setback
line.
3.
Minimum Front Setback: 25 feet measured from the front property line.
4.
Minimum Side Yard: 10 feet for detached; 15 feet for ends of attached
unit buildings.
5.
Minimum Rear Yard: 25 feet.
E.
The land area that would otherwise be required for house lots but
is not used by the permitted lot size reduction shall be devoted to
common open space.
The cluster residential development shall be arranged to create
a connected systems of common open space. The open space shall be
owned and maintained by a Homeowner's Association in accordance with
N.J.S.A. 40:55D-43 or dedicated to the City of Lambertville if accepted
by the Governing Body. The open space shall be maintained and preserved
in perpetuity for conservation, open space, agriculture and/or recreational
uses as directed by the Planning Board. Covenants, deed restrictions,
or other legal arrangements shall specify ownership of the open space;
method of maintenance; responsibility for maintenance; maintenance
of taxes and insurance; compulsory assessment provisions guarantees
that any homeowners association formed to own and maintain open space
will not be dissolved without the consent of the Planning Board; and
any other specification deemed necessary by the Planning Board.
F.
The open space shall be maintained in accordance with a land management
plan prepared by the developer and approved by the Planning Board.
The developer shall provide copies of deed covenants with prospective
purchases or conservation easements with the City describing land
management practices to be followed by the party or parties that are
responsible for open space. Further subdivision or open space land,
or its use other than agriculture, conservation and recreation shall
be prohibited.
G.
All other steep slope provisions set for in § 519 shall
apply.
Due to the environmental sensitivity of steep slopes, development
of properties which contain steep slopes should be carefully designed
to minimize adverse environmental impacts. Applicants proposing development
on steep slopes shall conform their site design to the following guidelines
to the greatest practicable extent.
A.
Development on steep slopes should produce the minimum feasible site
disturbance in areas of steep slope. Site improvements should be clustered
on lands of relatively low slope;
B.
The development should be consistent with the natural contour of
the site, and minimize grading and alterations of natural landforms.
All disturbances of steep slopes shall be stabilized with temporary
and permanent erosion control consistent with anticipated sunlight
levels, extent and degree of disturbance, and manufacturers criteria
and methods.
C.
Padding or terracing of building sites should be minimized;
D.
The development should retain natural topographic features such as
drainage swales, stream beds and banks, ridge line vistas, rock outcrops
and mature plant formations. Natural points of runoff discharge shall
not be altered and no new locations of stormwater discharge shall
be proposed. Additional volume of runoff generated shall be infiltrated
to the maximum extent. Disturbed runoff paths shall receive permanent
stabilization, such as with a Turf Reinforcement Mat or other substantial
product acceptable to the Board's Engineer.
E.
The development should minimize the extent to which it impairs the
visual integrity of the slopes when viewed from publicly accessible
vantage points including but not limited to the developed areas of
Lambertville generally west of NJ Route 29;
F.
The development should provide for protection of maximum feasible
vegetation of the steep slope; and,
G.
Mature trees should be retained and integrated into new hillside
residential development. Existing live trees with a trunk diameter
of at least eight inches measured four feet above the grade which
are located within the area of the proposed site disturbance or within
any portion of the site under 30% slope within 50 feet thereof shall
be located on the site survey. The removal of any such trees is prohibited
unless it is specifically permitted by the Board of Jurisdiction.
H.
Exposed soils and topsoil piles should be adequately stabilized throughout
construction according to regulations and best management practices
established by the United States Department of Agriculture —
Natural Resource Conservation Service.
I.
The scale of new buildings should be compatible with existing structures.
Single story elements, setbacks, overhangs, roof pitches, and landscaping
should be used to minimize the impact of exterior wall surfaces.
J.
Roofs should be fragmented to avoid a monotonous appearance while
following the angle of the slope.
K.
The maximum height of a proposed building should not exceed the mid-point
of the tallest building on the adjacent uphill lot.
L.
All new structures should be setback a minimum of 50 feet from a
ridge top.
M.
The limits of clearing on the construction site must be tightly drawn
around the area of proposed disturbance. All natural vegetation outside
of this area shall be protected during construction through the placement
of snow fencing at drip lines and other means of vegetative protection.
A.
Conflicts. All other ordinances, parts of ordinances, or other local
requirements that are inconsistent or in conflict with this § 519
are hereby superseded to the extent of any inconsistency or conflict,
and the provisions of this § 519 apply.
B.
Severability.
1.
Interpretation. This § 519 shall be so construed as not
to conflict with any provisions of New Jersey or Federal law.
2.
Notwithstanding that any provision of this § 519 is held
to be invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the § 519 shall continue to
be of full force and effect.
3.
The provisions of this § 519 shall be cumulative with,
and not in substitution for, all other applicable zoning, planning
and land use regulations.
A prompt investigation shall be made by the appropriate personnel
(i.e. City Engineer or Zoning Officer) of the City of Lambertville,
of any person or entity believed to be in violation hereof. If, upon
inspection, a condition which is in violation of this § 519
is discovered, a civil action in the Special Part of the Superior
Court, or in the Superior Court, if the primary relief sought is injunctive
or if penalties may exceed the jurisdictional limit of the Special
Civil Part, by the filing and serving of appropriate process. Nothing
in this § 519 shall be construed to preclude the right of
the City of Lambertville, pursuant to N.J.S.A. 26:3A2-25, to initiate
legal proceedings hereunder in Municipal Court. The violation of any
section or subsection of this § 519 shall constitute a separation
and distinct offense independent of the violation of any other section
or subsection, or of any order issued pursuant to this § 519.
Each day a violation continues shall be considered a separate offense.
The penalties set forth in Article X Violations, § 1000, of the Zoning Ordinance of the City of Lambertville shall be applicable to violations of this § 519.
|
[Ord. No. 99-13]
Home occupations are divided into minor and major types depending
on the intensity of the use. Home occupations meeting the criteria
for minor home occupations shall be classified as such. Home occupations
not meeting the criteria for a minor home occupation shall be considered
major home occupations. Uses not meeting either category shall not
be permitted as home occupations.
A minor home occupation shall meet the criteria within this
subsection. A zoning permit shall be issued by the Zoning Officer
precedent to the commencement of the minor home occupation. The criteria
for a minor home occupation are as follows:
A.
The use shall be conducted entirely within the primary dwelling or
accessory building associated with it.
B.
No more than 50% of the first floor or basement area or 250 square
feet, whichever is less, of the dwelling unit or accessory structure
on the same lot may be used for the minor home occupation.
C.
No display of products shall be visible from the street, nor shall
any article be sold or offered for sale on the premises.
D.
No more than two clients, patrons, or customers may be on the premises
for business or professional purposes at any one time.
E.
The residential character of the lot and building shall not be changed.
F.
No sounds emanating from the minor home occupation use shall be audible
outside the residence.
G.
No equipment shall be used which will cause interference with radio
and television reception in neighboring dwellings nor create other
nuisances by its operation.
H.
The minor home occupation shall not employ any person not resident
on the premises in the performance of the occupation.
I.
No sign identifying or advertising the minor home occupation shall
be permitted.
J.
Deliveries shall be limited to package (e.g., United Parcel Service)
services or utilization of the owner's passenger vehicle.
K.
No additional off-street parking to accommodate the minor home occupation
shall be allowed.
L.
The major home occupation shall not be open for customers, clients
or patrons before 8:00 a.m. on weekdays and 9:00 a.m. on weekends
nor after 8:30 p.m. on any day of the week.
A major home occupation shall meet the criteria within this
subsection. A conditional use permit shall be obtained from the Planning
Board precedent to the commencement of any major home occupation.
The criteria for a major home occupation are as follows:
A.
The use shall be conducted entirely within the primary dwelling or
accessory building associated with it.
B.
No more than 50% of the first floor or basement area or 450 square
feet, whichever is less, of the dwelling unit may be used for the
home occupation.
C.
No display of products shall be visible from the street, nor shall
any article be sold or offered for sale on the premises.
D.
The residential character of the lot and building shall not be changed.
E.
No sounds emanating from the home occupation use shall be audible
outside the residence.
F.
No equipment shall be used which will cause interference with radio
and television reception in neighboring dwellings nor create other
nuisances by its operation.
G.
No major home occupation shall employ more than one non-resident.
H.
One non-illuminated sign attached to a facade of the building, or,
fence or wall, not to exceed two square feet, may be permitted identifying
the major home occupation.
I.
The home occupation shall not reduce the parking or yard requirements
of the dwelling.
J.
Where parking is provided, no more than three parking spaces per
property, including required residential parking, shall be allowed.
All parking associated with the home occupation shall be screened
from view of any public street behind a combination of hedging, landscaping
or fencing.
K.
Deliveries shall be limited to package (e.g., United Parcel Service)
services or utilization of the owner's passenger vehicle.
L.
The major home occupation shall not be open for customers, clients
or patrons before 8:00 a.m. on weekdays and 9:00 a.m. on weekends
nor after 8:30 p.m. on any day of the week.
The following uses shall not be considered home occupations:
A.
Automobile repair, refurbishing or servicing.
B.
Barber shops and beauty salons.
C.
Bed and breakfast accommodation.
D.
Body piercing and tattooing.
E.
Medical and dental offices.
F.
Real estate office.
G.
Spray painting and refinishing operations.
H.
Taxi and limousine service.
I.
Home occupations primarily involving public assembly.
[Added 4-16-2001 by Ord.
No. 2001-07]
Any development within the municipality shall comply with the
provisions of Chapter XIX, Flood Damage Prevention, of the Code of
the City of Lambertville.
[Added 6-21-2004 by Ord.
No. 2004-12]
Development contributes to increased flooding, increased channel
erosion and increased quantities of pollutants. Regulation of increased
drainage runoff from development can control some of the adverse impacts
on the City's water resources. The City Engineer will review each
development disturbing land in excess of 3,000 square feet for conformance
to the design standards set forth herein to regulate the discharge
of drainage runoff.
The Drainage Requirements contained herein are applicable to
any site plan and any subdivision, minor or major, which will result
in the disturbance of 3,000 square feet of land area. In the case
of a minor or major subdivision, the land disturbance shall be determined
on the basis of the proposed improvements, present or future, including
but not limited to, site grading and impervious coverage.
Any imposed conditions will be based upon the drainage runoff
that is generated on or by the land development and its overall impact
to City, County, or State drainage facilities. However, in cases where
impervious surface is being added to a developed site, conditions
may be imposed only on the new coverage if it can be shown that existing
site runoff conditions are adequately addressed and the cumulative
effect is of no detriment to City, County or State facilities.
All projects must conform to City standards unless the County
or State standards are more restrictive.
The following information is required for each proposed project.
A.
Topography and Features. Topography of the site shall extend a minimum
of 200 feet beyond the limits of the proposed development, showing
two-foot contour intervals at a minimum. The plans will also indicate
existing surface water drainage structures, marshlands, woodlands,
wetlands, existing man-made structures, roads, utilities, property
boundary with metes and bounds and significant natural and man- made
features not otherwise shown. Include all the watershed boundaries
and time of concentration paths for pre-developed conditions. Natural
ponding areas must be shown.
B.
Vicinity. Indicate at least the following: roads, pedestrian ways,
access to the site, adjacent land uses, existing open space, public
facilities, utilities, drainage (including, specifically, streams
and other surface water shown on U.S.G.S. and soils map), and other
significant features.
C.
Stormwater Management. Indicate the location of proposed buildings,
roads, parking areas, utilities, structural facilities for managing
stormwater and sediment control, and other permanent structures. Clearly
show areas where alterations in the natural terrain, cover, and grade
are proposed, and changes in natural cover, including lawns and other
landscaping. Soil types based upon the Soil Conservation Service Soil
Survey will be shown. Show all the post-developed watershed boundaries
and time of concentration paths. All natural and proposed ponding
areas must be shown. Any unique, unusual or environmentally sensitive
features should be identified.
D.
Stormwater Management Report.
1.
Project description including total area to be paved or built upon,
estimated land to be occupied by stormwater management facilities
and the type of vegetation thereon, and details of the plan to manage
surface water.
2.
Computations of average "C" values or runoff curve numbers (CN) must
include soil types and existing and proposed land uses. Use Table
2-2a - Runoff Curve Numbers for Urban Areas from SCS Technical Release
55 for SCS Method, or as approved by the City Engineer for the Modified
Rational Method.
3.
Maximum discharge and total volume of runoff which would occur from
the project area before and after development for the following storms:
* One and 1/4 inch of rainfall occurring within two hours, or
One Year, twenty-four-hour SCS Type III Storm
* The specified design storms: two-, ten- and 100-year, twenty-four-hour
SCS Type III.
The source of any computerized programs should be clearly referenced
by name and date of last update.
4.
Calculations for runoff after development must include detention characteristics and hydrograph routings. Calculations for determination of the time of concentration must be provided. The path of surface runoff used to determine the time of concentration should be shown on a topographic map for pre-developed conditions and for post-developed conditions. Time of concentration and travel time calculations are to be completed in accordance with Chapter 3 of the SCS Technical Release 55. Calculations must be made for off-site and uncontrolled drainage areas.
5.
Design and calculations of temporary sediment basins, rip-rap aprons,
swales and other soil erosion and sediment control features must be
provided. Design and calculations will be in conformance with the
Standards for Soil Erosion and Sediment Control in New Jersey.
6.
Hydrologic and hydraulic calculations for onsite existing or proposed
storm sewer collection systems, culverts, and other stormwater facilities.
The designer shall verify that existing downstream conveyance, natural
or manmade facilities, can pass any increase in runoff from the site.
Stability of natural conveyance features is to be ensured.
7.
Hydrologic and hydraulic calculations for stream delineations, floodway
and flood hazard limits in accordance with the NJDEP Stream Encroachment
Technical Manual and the Flood Hazard Area Control Act (N.J.A.C. 7:13).
A.
General Standards. The project plans submitted should demonstrate
careful consideration of the general and specific concerns of the
applicable municipal, regional and state stormwater management programs
and be based on environmentally sound site planning, engineering and
architectural techniques. The design shall conform with the provisions
of the City's Steep Slopes Ordinance when applicable. (See § 519)
B.
Alternatives to Detention Basins.
1.
Tanks, infiltration pits, dry wells or other acceptable methods may
be used for the purpose, with appropriate consideration for groundwater
pollution, potential length of life and feasibility of continued maintenance
consistent with NJDEP regulations and guidelines. It is not necessary
that stormwater management requirements be satisfied by means of detention
basins. The use of infiltration systems is recommended for the full
water quality storm volume whenever possible. Certain types of infiltration
practices are subject to the NJDEP Discharge to Groundwater Regulations.
2.
Nonstructural management practices, such as cluster land use development,
open space acquisition, conservation of agricultural and critical
constraint lands, stream encroachment and flood hazard control should
be coordinated with detention requirements.
3.
Volume control is encouraged such as trenches and dry wells. Infiltration
facilities must be carefully analyzed for permeability of soil, seasonal
high water table and necessity for pretreatment of sediments in order
to prevent clogging. Even more important, it is absolutely essential
that possible groundwater contamination be taken into account.
4.
The applicant will demonstrate that:
a.
There is at least three feet or more vertical separation between
the bottom of the infiltration facility and the seasonal high water
table proven by soil logs taken in the location of the proposed basin;
b.
The soil texture is sand, loamy sand or sandy loam as described
by the U.S. Department of Agriculture. Soil permeability testing is
required in the location of the proposed basin;
c.
Runoff is pretreated to remove TSS (Total Suspended Solids)
prior to discharge into the infiltration facility;
d.
The infiltration basin bottom is scarified after the basin is
formed, after which no machinery or equipment may enter within the
basin;
e.
The entire volume of runoff generated by the water quality design
storm is contained in the infiltration facility and recharged into
the ground within 72 hours;
f.
An analysis is provided to demonstrate the safety and stability
resulting from excess flows from the facility in the event of an outlet
failure;
g.
Provision is made for additional capacity capable of holding an estimated 20 years of suspended load that bypasses pretreatment. Calculations shall be in accordance with "The New Jersey Stormwater Best Management Practice Manual", February 2004, Chapter 4, "Stormwater Pollutant Removal Criteria".
5.
Detention basins and berms may be seeded with a wildflower mix or
planted with appropriate vegetation provided the function is not compromised.
A.
Detention Facilities.
A detention facility should accommodate site runoff generated
from two-, ten- and 100-year, twenty-four-hour storms, considered
individually (in each case a Type III Rainfall as defined in Soil
Conservation Service Publications). Runoff greater than that occurring
from the 100-year twenty-four-hour Storm will be passed over an emergency
spillway or a bypass system. Detention will be provided such that
after development the peak rate of flow from the site will not exceed
the corresponding flows, from the site prior to development. Detention
basins alone do not reduce the increased volume of runoff caused by
development; therefore, the discharge rate must minimally be adjusted
to safely control the increased volume.
It is possible for flooding in a given watershed to be aggravated
by the combined effects of detention basins, if the basins are improperly
placed. Detention basins located in downstream areas hold back peak
flows so that the flow coincides with the peak flow from upstream.
This situation must be investigated with supporting calculations of
downstream effects. Water quality controls are required at a minimum
in all cases.
Detention basins with a permanent pool of water must provide
safety ledges and/or gently sloping sides. Provisions must be made
for proper water circulation, control of algae, insect control and
continued maintenance including dredging to maintain proper depth.
Dry detention basins should be shaped to blend with the natural
topography. The bottom of the dry detention basin must be at least
two feet vertically above the seasonal high groundwater table. Dry
detention basins are to be graded to provide a positive overland flow
unless in the case of plunge pools or scour holes. Underdrains may
be considered for assisting positive drainage.
B.
Outlet Devices.
In all cases, multiple level outlets or other fully automatic
outlets are to be designed so that discharge rates from the development
for the design storms will not be increased from what would occur
if the development were not constructed. Outlet waters must be discharged
from the development at such locations and velocities as not to cause
additional erosion or cause additional channels downstream of the
development. No outlets will be permitted directly into adjacent lands
without proof of a zero increase in the rate of runoff and a stability
analysis of the off-site channel. If there is no stable outlet downstream,
an off-site easement must be obtained to provide a stable outlet.
Outlets from detention facilities are to be designed to function without
manual, electric, or mechanical controls.
Location of the principal outlet should allow for easy vehicle
access. The outlet structure must be designed to withstand all anticipated
pressures and/or loadings. Outlet structures will involve multi-stage
outlet systems. The lowest outlet will be designed to achieve prolonged
retention requirements for water quality control. The remaining outlets
located above the water quality peak detention pool elevation must
control the required design storms.
Debris and sediment will accumulate around the outlet structure.
Trash racks with hinges or other devices are required to protect the
outlet from clogging. The inclined vertical bar rack is recommended
for the lower stage outlets to facilitate debris removal. The inside
of the outlet structure should be depressed below the lowest outlet
to minimize clogging of this outlet due to sedimentation.
C.
Dams.
Any stormwater basin that impounds water through the use of
an artificial dike, levee or other barrier may be subject to the New
Jersey Dam Safety Standards. All such dams must be designed, constructed,
operated and maintained in compliance with said Standards and all
other applicable laws and approved by the New Jersey Department of
Environmental Protection.
The minimum top width of the embankment must be 10 feet. Side
slopes of the settled embankment should not be less than three horizontal
to one vertical. The minimum elevation to the top of the settled embankment
must be one foot above the water surface created by the maximum design
storm passing over the emergency spillway in a completely clogged
outlet structure condition. Design height of the basin embankment
is required to be increased 10% where hauling equipment is used and
5% where compaction equipment is used.
D.
Emergency Spillways.
Emergency spillways are required on all detention basins and
will be designed to pass the entire SCS 100-year, twenty-four-hour
post- developed peak discharge tributary to the detention basin at
a minimum. Detention basins with dams subject to N.J.A.C. 7:20, the
New Jersey Dam Safety Standards, must comply with those Emergency
Spillway Requirements.
Emergency spillways are to be located in cut sections wherever
possible. Stable channels must be provided to convey stormwater through
the emergency spillway to the discharge points. Discharge from the
emergency spillway must also not cause soil instability both onsite
and offsite.
E.
Off-Site Drainage.
Stormwater runoff from areas off-site may be passed across the
development site without detention. If the off-site drainage enters
the detention facility provided for the development, the detention
facility design must handle this additional flow.
A point of interest analysis is encouraged to determine the
change in runoff downstream of the site.
F.
Uncontrolled Runoff.
Since it is difficult to control 100% of the development site
stormwater runoff, provisions must be made to regulate uncontrolled
runoff to the maximum extent practical. Uncontrolled runoff is stormwater
flow not tributary to detention basins or other stormwater control
facilities on the development site.
The total peak runoff from the site after development cannot
exceed pre-developed rates at all locations leaving the site, therefore
uncontrolled runoff will be allowed only if:
1.
The stormwater control facilities on-site are adequately sized to
reduce the composite (summation of controlled and uncontrolled) peak
rates of runoff to below pre-developed conditions for each tributary
location offsite.
2.
The uncontrolled runoff will not exceed pre-developed peak rates
at the point of discharge. Uncontrolled runoff must be limited to
overland and swale flows.
G.
Joint Detention Facilities. In many instances, the provisions of
separate detention facilities for a number of single sites may be
more expensive and more difficult to maintain than provisions of joint
facilities for a number of sites. In such cases, the City may be willing
to consider provisions of joint detention facilities, which will fulfill
the requirements of this regulation. In such cases, the City may approve
a properly planned staged program of detention facilities.
H.
Detention Facilities in Flood Hazard Areas. Detention facilities
proposed within Flood Hazard Areas are required to be designed in
accordance with applicable NJDEP standards and approved by NJDEP.
I.
Exceptions. When properly sized detention facilities are unable to
be constructed and the aforementioned requirement cannot reasonably
be adhered to, the developer may be required to provide adequate drainage
facilities in such a manner as to not overburden the City, County
or State drainage facilities, and to share in the costs of improvements
to existing City, County or State drainage structures and facilities
requiring enlargement, modification or reconstruction as a result
of the increase in runoff from the development. To facilitate the
review of proposed drainage facilities for a development, design calculations
prepared by the developer's engineer must be submitted with the development
plan.
If the terms of this section shall be in conflict with those
of another ordinance of the Code of the City of Lambertville, then
the restriction which imposes the greater limitation shall be enforced.
[Added 12-21-2009 by Ord.
No. 2009-28]
The Mayor and Council of the City of Lambertville have approved
the inclusion of the design standards in the Zoning Chapter and adopted
by reference the Lambertville Design Guidelines, dated September 2,
2009, as prepared by Mosaic Planning and Design, LLC.
[1]
Editor's Note: The Design Guidelines can be found on file
in the City Clerk's Office and may be found online with the Land Use
Ordinances, Zoning Appendix.
