Article XI Site Development Standards

If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood control basins or public areas within the proposed development, the Planning Board, before approving a site plan, may further require that such streets, ways, basins or areas be shown on the plan in locations and sizes suitable to their intended uses. The Planning Board may reserve the location and extent of such streets, ways, basins or areas shown on the plan for a period of one year after the approval of the final plan or for such further time as may be agreed to by the developer. Unless during such period or extension thereof the Township shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plan and may proceed to use such land for private use in accordance with applicable development regulations.

The provisions of this article shall not apply to the streets and roads, flood control basins or public drainageways necessitated by the land development and required for final approval.

§ 296-73 Site plan submission requirements.

The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining site plan approval caused by the reservation. The procedure for the payment of all compensation payable under this article shall be provided for in other ordinances.

[Amended by Ord. No. 03-7; by Ord. No. 06-5; by Ord. No. 06-21; by Ord. No. 10-20; by Ord. No. 10-27; by Ord. No. 11-3; 11-18-2020 by Ord. No. 20-30; 6-5-2024 by Ord. No. 24-12; 12-16-2025 by Ord. No. 25-45; 12-16-2025 by Ord. No. 25-46]

General. All maps and plans required to be submitted by this chapter shall conform to one of the following size configurations: 8 1/2 by 13 inches, 15 by 21 inches, or 24 by 36 inches. All applications shall include the information as follows, except that the Planning Board may waive any requirement or request additional information where it is clearly appropriate to the particular application. Failure to comply shall render such application incomplete.

Minor site plans. A minor site plan application shall include the following information:

Two copies of an affidavit of ownership or letter from the owner authorizing submission of the plat.

Twenty-five copies of a wetlands analysis and report in accordance with § 296-67.

When the development is to be located in the sanitary sewer service area, written communication from the RTMUA that adequate sewage treatment capacity has been reserved for the development shall be submitted along with a copy of the reservation agreement and/or proof of payment of deposit on connection fee.

Two copies of ownership interest of corporation, limited liability company, or partnership in accordance with the Municipal Land Use Law.[1]

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

Twenty-five copies of completed Raritan Township site plan application form.

Twenty-five copies of completed Raritan Township minor site plan checklist form.

Township application fee.

Township escrow payment.

Twenty-five copies of a completed Raritan Township variance application form (if variances from Township ordinance are requested or required).

When the development is to be located in the public water service area, 25 copies of correspondence from the public water company indicating service can be provided.

Certification from the Raritan Township Tax Collector that all taxes, sewer charges, or other assessments on the entire tract have been paid to date, as well as proof that there are no outstanding fines or penalties owed to the Township by the property owner(s) and applicant(s), unless the application was otherwise authorized by court order, settlement and/or agreement with the Township, or a waiver is granted by the appropriate Board based on adequate justification having been shown.

Copy of Hunterdon County Planning Board application form as submitted to the Hunterdon County Planning Board.

Two copies of all existing protective covenants, deed restrictions, or easements that apply to the tract.

Completed W-9 form.

Aquifer test and analysis when the development on the site is to be served by an on-site well or wells. Such aquifer test analysis and report shall be submitted in accordance with § 296-70 of this chapter.

Twenty-five copies of the minor site plan plat including the following details and information:

Name of development.

Name and mailing address of owner and applicant.

Name of person preparing plat.

Location and key map. The entire tract to be developed, giving the accurate location of all existing and proposed property and street lines and rights-of-way, and including a key map at a scale where one inch equals not more than 1,000 feet showing the entire site and its relation to all features shown on the Official Map and Master Plan and located within 1/2 mile of the extreme limits of the site.

Date prepared and all revision dates.

North arrow.

Zoning district and that of adjoining properties.

Written and graphic scale used. Scale shall be no greater than one inch equals 100 feet.

Tax Map sheet, block and lot numbers of the tract in consideration.

Acreage of tracts proposed for development.

Location of existing and proposed structures on tract.

Streets, easements, watercourses and rights-of-way. The location of existing or proposed streets, roads, easements, public rights-of-way, streams, wetlands, wetland transition areas, state open waters, bridges, culverts, drainage ditches and natural watercourses on the tract.

Existing and proposed drives and parking areas with sufficient dimensions to show widths of pavement and parking area dimensions.

Existing streets, rights-of-way and easements.

Name of owner, description of use, and estimated impervious surface (except residential properties) of surrounding properties.

Location of any existing and proposed utilities.

Location of any existing and proposed septic systems and wells.

Floodplain delineations. Minor site plans shall indicate flood hazard area delineations for all permanent streams based upon State Department of Environmental Protection delineations or for the 100-year flood as directed by the Township Engineer.

Tree preservation.

No more than 55% of the existing mature woodland tree canopy within the property boundaries shall be removed (not to be interpreted as 55% of the total lot area). The location of the remaining 45% of the mature woodland tree canopy to be preserved shall be noted on the landscape plan. Steep slope limits of disturbance and maximum hard surface requirements under Schedule I shall supersede this subsection when appropriate.[2]

Editor's Note: Schedule I is included as an attachment to this chapter.

No tree that qualifies as a specimen and historic tree shall be removed unless the applicant replants trees in accordance with § 296-75T.

Soil movement plan in accordance with § 381-1.

Information required for sketch site plans. A formal sketch site plan application shall contain the following information:

Two copies of an affidavit of ownership or letter from the owner authorizing submission of the plat.

Twenty-five copies of a wetlands analysis and report in accordance with § 296-67.

When development is to be located in the sanitary sewer service area, written communication from the RTMUA that adequate sewage treatment capacity has been reserved for the development shall be submitted along with a copy of the reservation agreement and/or proof of payment of deposit on connection fee.

Two copies of ownership interest of corporation, limited liability company, or partnership in accordance with the Municipal Land Use Law.[3]

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

Twenty-five copies of completed Raritan Township site plan application form.

Twenty-five copies of completed Raritan Township sketch site plan checklist form.

Township application fee.

Township escrow payment.

When development is to be located in the public water service area, 25 copies of correspondence from the public water company indicating service can be provided.

Copy of Hunterdon County Planning Board application form as submitted to the Hunterdon County Planning Board.

Two copies of all existing protective covenants, deed restrictions, or easements that apply to the tract.

Completed W-9 form.

Twenty-five copies of the sketch site plan plat including the following details and information:

Name of development.

Name and mailing address of owner and applicant.

Name of person preparing plat.

Date prepared and all revision dates.

North arrow.

Written and graphic scale used. Scale shall be no greater than one inch equals 100 feet.

Tax Map sheet, block and lot numbers of the tract in consideration.

Acreage of tracts proposed for development.

Zoning district and that of adjoining properties.

Location of existing structures on and within 200 feet of the tract.

Streets, easements, watercourses and rights-of-way. The location of existing or proposed streets, roads, easements, public rights-of way, streams, wetlands, wetland transition areas, state open waters, bridges, culverts, drainage ditches and natural watercourses on and within 200 feet of the tract.

Existing and proposed drives and parking areas with sufficient dimensions to show widths of pavement and parking area dimensions.

Name of owner, description of use, and estimated impervious surface (except residential properties) of surrounding properties.

Location of any existing and proposed utilities.

Location of any existing and proposed septic systems and wells.

Floodplain delineations. Sketch site plans shall indicate flood hazard area delineations for all permanent streams based upon State Department of Environmental Protection delineations or for the 100-year flood as directed by the Township Engineer.

Existing topography as taken from United States Coast and Geodetic Survey maps at twenty-foot intervals and within 200 feet of tract boundaries. The topography should be supplemented by field observation to generally locate drainage divides, ditches, swales and major topographic features which may not be indicated on the United States Coast and Geodetic Survey sheets.

General location and indication of vegetation types of turf, brush, shrubs, hedgerows, wooded areas and isolated shade trees more than six inches in diameter breast high, and two inches in diameter breast high for flowering and small trees (less than 18 inches in diameter breast high).

Proposed structures.

(u)

Soils pursuant to the Hunterdon County Soil Survey.

Additional information required for office and industrial parks and shopping centers:

A site analysis which shall indicate existing site features, including:

Soils per the Hunterdon County Soil Survey, published by the County Soil Conservation District, with descriptions and suitability for development.

Existing vegetation, including fields, wetlands, isolated tree areas, wooded areas and general description of vegetation species.

Geology, including the location and description of aquifer recharge areas and rock outcroppings.

Slopes at intervals of 0% to 5%, over 5% to 10%, and over 10% to 20% and topography at two-foot contour intervals from field survey and utilizing United States Coast and Geodetic Survey datum.

Location of all streams, swales (wet and dry weather), ponds, wetlands and areas of poor drainage.

Direction of summer and winter winds.

Areas of cold air drainage and channelized wind.

[8]

Views to be preserved or screened.

[9]

Location of nearest sanitary sewer and storm sewer and water and electric service.

[10]

Location, width and condition of pavement of roads adjoining project.

[11]

Location of all structures within 200 feet of tract boundaries.

A traffic study indicating:

Existing traffic flow and volume on surrounding intersections.

Capacity of existing roads and intersections.

Proposed traffic flow and volume on surrounding roads and intersections.

Analysis of internal project traffic flow and volume.

Recommendations for upgrading surrounding roads and intersections to meet increased traffic from the project.

A community facilities impact study, including the impact on police, fire and emergency agencies, including equipment and manpower.

Additional information required for planned residential developments (PRDs) and senior citizen developments:

All information required for office and industrial parks and shopping centers.

Expanded community facilities impact study, including impact on school facilities in terms of additional children in elementary, middle, and junior high school, resulting from the project. The analysis shall be coordinated with the proposed phasing plan for the project, if any.

A population analysis, which shall include the total number of residents of the project and general age breakdown. The analysis should be coordinated with the proposed phasing plan for the project.

Tentative subdivision and site plan arrangements, including:

Lot arrangement.

Vehicular circulation system, including right-of-way and pavement widths.

Bicycle and pedestrian circulation system, including sidewalks, trails, paths and crosswalks and their general widths.

Recreation areas showing proposed active and passive recreation facilities.

Open space plan, including total acreage by phase.

General stormwater and soil erosion and sediment control plan.

Parking, including number of parking spaces and the dwelling units and facilities to be served by each area.

[8]

Building locations in multifamily, recreation and commercial areas.

[9]

Large-scale conceptual landscaping plan.

[10]

Architectural theme of buildings.

[11]

Signing plan for vehicular control.

[12]

Phasing plan and unit mix per phase.

[13]

Schedule indicating total acreage, acreage of dwelling unit types, commercial area, open space, roads, and active recreation areas. The schedule should show conformance with requirements of Part 3, Zoning, of this chapter when appropriate.

Preliminary site plans and combined preliminary and final site plan applications. The preliminary site plan application and/or a combined preliminary and final site plan application shall include the following minimum information:

Two copies of an affidavit of ownership or letter from the owner authorizing submission of the plat.

Two copies of a letter of intent stating the type of structure to be erected and its use, the approximate start date of construction, and any proposed phasing plan for site plan.

Twenty-five copies of a wetlands analysis and report in accordance with § 296-67.

Twenty-five Copies of an aquifer test and analysis and report in accordance with § 296-70, when the application is proposed to be serviced by on-site wells.

Twenty-five copies of a traffic analysis and report in accordance with § 296-68.

When the development is to be located in the sanitary sewer service area, two copies of written communication from the RTMUA that indicates that adequate sewage treatment capacity has been reserved for the development shall be submitted along with a copy of the reservation agreement and/or proof of payment of deposit on connection fee.

Two copies of ownership interest of corporation, limited liability company, or partnership in accordance with the Municipal Land Use Law.[4]

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

Twenty-five copies of completed Raritan Township site plan application form.

Twenty-five copies of completed Raritan Township preliminary/final site plan checklist form.

Township application fee.

Township escrow payment.

Twenty-five copies of a completed Raritan Township variance application form (if variances from Township ordinance are requested or required).

When development is to be located in the public water service area, two copies of correspondence from the public water company indicating service can be provided.

Copy of Hunterdon County Planning Board application form as submitted to the Hunterdon County Planning Board.

Two copies of all existing protective covenants, deed restrictions, or easements that apply to tract.

Where common open space is to be provided, two copies of a letter detailing the proposed use and ownership of said open space.

Five hard copies and one pdf copy of the site development stormwater management plan in accordance with Article XXV.

(19)

Completed W-9 form.

(20)

Twenty-five copies of the site plan plat in accordance with the following:

Name of development.

Name and mailing address of the applicant and the owner.

Name, mailing address, seal, signature and professional designation of the person preparing the plat.

Name of owners and block and lot numbers of all contiguous land and of property directly across the streets and railroads as shown by the most recent tax records of all municipalities in which such properties lie or to which they are adjacent.

Location map showing the entire tract and the relationship to all features within 1/2 mile of the extreme limits of the tract as shown on the adopted Master Plan or Official Map of the Township and Hunterdon County. Scale of the map shall be shown.

Date prepared and all revision dates.

North arrow.

Written and graphic scale. Plat scale shall not be smaller than one inch equals 60 feet. Where it is physically impossible to show the entire tract on one sheet of maximum size of 24 by 36 inches, a separate sheet of a smaller scale may be utilized to show the entire tract to supplement the more detailed sheets at the larger scale.

Lot dimensions and bearings based on the boundary survey.

Tax Map sheet, block and lot numbers.

Zoning district and zoning of surrounding properties.

Area of tracts proposed for development in square feet and acres.

Location of all waterways, ditches, swales, wetlands, wetland transition areas, state open waters, and water bodies.

Floodplains for all permanent streams and intermittent streams with flood potential as delineated for the floodway and flood hazard area by the New Jersey Department of Environmental Protection or, in the absence of such information, for the 100-year flood pursuant to a method approved by the Township Engineer.

Location and dimensions of existing and proposed buildings, structures, street pavement, walks, rights-of-way, easements, drives, parking areas, loading areas, paved areas, fire lanes, utility poles, etc.

Building setbacks as required by Part 3, Zoning, of this chapter, dimensioned distances from all existing and proposed buildings to the nearest property line, existing and proposed building entrances, corner grade elevations, and existing and proposed square footage of building.

Floor area ratio, if applicable, pursuant to Schedule I attached to this chapter.

Area of hard surfaces including gravel areas.

Floor plans and elevations of each new or altered building facade and height of proposed structures.

Location of drives and streets within 200 feet of the tract.

(u)

All existing physical features on the site and within 200 feet of the site boundaries, including streams, watercourses, wetlands, wetland transition areas, state open waters, water bodies, existing woodlands, and shrub areas, existing isolated trees eight inches in diameter at breast height, and ornamentals two inches in diameter, measured 4 1/2 feet above existing grade, and significant soil and hydrological conditions, such as swamps, rocks and water flows.

(v)

Topography showing existing and proposed contours at five-foot intervals for slopes averaging 10% or greater and at two-foot intervals for land of lesser slope to determine the general slope and natural drainage of the land and the high and low points for the tract being developed and for a distance of 200 feet. Topography shall be supplemented with sufficient grades along curbs, road center lines, buildings, property corners, tops of stream banks, and at other pertinent locations to clearly delineate the proposed grading. All elevations and contours shall be instrument verified and shall be based on United States Coast and Geodetic Survey data.

(w)

Steep slope calculations in accordance with § 296-143.

(x)

Soil types and boundaries pursuant to the Hunterdon County Soil Survey, including an analysis for development capability. Information concerning fill material shall be supplied for any filled soil areas.

(y)

Parking, loading and unloading areas shall be indicated with dimensions, traffic patterns, access aisles and curb radii.

(z)

A schedule shall be shown indicating the proposed number of motor vehicle and bicycle parking spaces and the number required by Part 3, Zoning, or requirements of this chapter.

(aa)

A chart indicating the square footage of new or altered space and the square footage of new or altered parking areas and other hard or pervious surface area.

(bb)

Improvements such as roads, curbs, pavement, retaining walls, fences and walls shall be indicated with cross sections, construction details and dimensions.

(cc)

Improvements such as fences, dumpster enclosures, wheel stops, benches, play equipment, lighting, trash receptacles, etc., shall be indicated with the construction details and dimensions as appropriate.

(dd)

Location and design of existing and proposed stormwater management systems, including drainage area map and calculations of runoff and detention; septic systems; sanitary sewer lines; hydrants; wells; public water supply lines; utilities above and below grade; and methods of solid waste storage and disposal.

(ee)

Items or features which are to remain or be removed both above and below grade.

(ff)

The results and location of all abandoned, failed and passing percolation tests; the location and results of all soil logs; the date percolation tests and soil logs were witnessed; and the name of the Township witness.

(gg)

The specific purpose of any easement or land reserved or to be dedicated for any use.

(hh)

Detailed landscaping and buffering plan indicating what will remain and what will be planted, including botanical and common name, size, quantity, time of planting, planting and staking/guying details, maintenance plans, mulched areas, specifying type, thickness and edge of mulched areas, and whether plants are container, balled and burlapped (B and B) or bare root. A schedule containing the following information shall be included on the landscaping sheets: botanical and common names, quantities, size, type of transplants (container, B and B, bare root), and whether staked and guyed, and landscaping calculations as per § 296-75D.

(ii)

Soil erosion and sediment control plan in accordance with Part 4, Soil Erosion, of this chapter.

(jj)

Lighting details as per § 296-75G.

(kk)

Detailed sign plan pursuant to Article XIX, Signs, of this chapter, including location, dimensions, area, style, lettering style, color, construction, materials, etc., of all signs where ground, roof, wall or of other sign type.

(ll)

Barrier-free construction details and facility locations.

(mm)

Staging and construction access plan for large projects.

(nn)

The following legends and certifications shall be included on the preliminary plat and appropriately completed and/or signed prior to submission:

Preliminary site plan of

Block _____ Lot _____ Zone _____ Date _____

Applicant __________

Mailing Address __________

Owner __________

Mailing Address __________

I consent to the filing of this site plan with the (Planning Board) (Zoning Board of Adjustment) of Raritan Township.

Owner __________ Date __________

(The map preparer shall insert the name of the _____ board reviewing the site plan)

I hereby certify that I have prepared this site plan and that all dimensions and information are correct, and plans for all improvements are based upon topographical data that has been instrument verified in the field.

Name __________

Title and License No. __________

Four-by-five-inch blank box for Township review stamp on right side of plat.

Four-by-five-inch blank box for County Planning Board review stamp adjacent to Township review stamp box.

(oo)

Location and capacity of all petroleum, fuel or other storage tanks both above and below grade. Indicate type of substance stored in the tanks.

(pp)

Applicants for planned residential developments (PRDs), senior citizen housing, shopping centers, and office and industrial parks which did not make a sketch plat application submission shall submit all preliminary and sketch plat information when applying for preliminary approval.

(qq)

Fire protection systems. Plans shall show the location of proposed fire systems and appropriate construction details in accordance with § 296-74O.

(rr)

Current use and estimated impervious surface of all developed adjacent properties.

(ss)

The site plan shall be based on a boundary survey not older than five years.

(tt)

The size of the plat shall conform to the Map Filing Law.[5]

Editor's Note: See N.J.S.A. 46:26B-1 et seq.

(uu)

Soil movement plan in accordance with § 381-1.

(21)

(Reserved)

(22)

Twenty-five copies of a natural resource inventory in accordance with § 296-71.

(23)

Pre-application meeting to be held with Township Engineer and Township Planner.

(24)

In addition to paper plans, initial plan sets shall be submitted on CD (or other acceptable archivable electronic format) in the most recent version of AutoCAD and in pdf format. Subsequent revisions shall be submitted in paper format and pdf (via email acceptable). The final approved revision shall be submitted in paper, AutoCAD and pdf formats on CD (or other acceptable electronic format).

(25)

Recycling plan. The subdivision plat shall conform to the requirements of § 382-12 of the Township Code for new developments of multifamily residential units and commercial, institutional, or industrial properties.

Information required for final site plan.

Two copies of an affidavit of ownership or letter from the owner authorizing submission of the plat.

Certification from the Raritan Township Planner that all conditions of preliminary approval have been met and that the preliminary site plan has been stamped and signed by the Raritan Township Planning Board.

Two copies of all approved federal, state, and county permits required under preliminary approval.

Two copies of ownership interest of corporation, limited liability company, or partnership in accordance with the Municipal Land Use Law.[6]

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

Twenty-five copies of completed Raritan Township site plan application.

Twenty-five copies of completed Raritan Township final site plan checklist form.

Township application fee.

Township escrow payment.

Copy of Hunterdon County Planning Board application form as submitted to the Hunterdon County Planning Board.

Two copies of all existing protective covenants, deed restrictions, or easements that apply to tract.

Completed W-9 form.

Submission of two copies of any and all homeowners' association documentation, where applicable.

When the development is to be located in the public water service area, two copies of correspondence from the public water company indicating service can be provided.

Twenty-five copies of detailed, colored elevations, including the height of the buildings, and floor plans of each building facade for new or altered existing buildings.

§ 296-74 Site plan performance standards.

Twenty-five copies of the final site plan plat in accordance with Subsection D(20), with the exception that the plans shall be titled "Final Site Plan."

Planning Board review. In reviewing any site plan and prior to preliminary approval thereof, the Planning Board shall find that the below-listed performance standards have been met.

Site design. The design and arrangement of buildings and parking areas should provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection, and the visual and functional impact on surrounding development and contiguous and adjacent buildings and lands. Compatibility of architectural design with the historic design features of adjacent buildings and areas shall be considered.

Circulation and parking.

Consideration shall be given to pedestrian, bicycle and vehicular traffic movement within and adjacent to the site with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, and movement of people, bicycles, goods and vehicles from access roads, within the site, between buildings, and between buildings and vehicles. The Planning Board shall determine which roads shall be public and which shall remain private in multifamily, townhouse and industrial park developments.

The Planning Board shall ensure that all parking areas are appropriately landscaped and spaces are easily usable and are safely and conveniently arranged.

Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress on the site. Major access improvements in critical environmental areas are to be discouraged. The location and provision of bikeways, sidewalks and other pedestrian linkages shall be encouraged.

Landscaping.

[Amended by Ord. No. 06-11; 6-5-2024 by Ord. No. 24-12]

Landscaping shall be provided as part of the overall site plan design and integrated into building arrangements, topography, parking, stormwater mangement, and buffering requirements. Landscaping should include evergreen and deciduous trees, bushes, shrubs, ground cover, perennials, grasses, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative manner.

The existing sense and appearance of the semi-rural, natural scenic qualities of the Township should be encouraged in site development. Such techniques as clustering, ample setbacks from main roads, retention of existing vegetation and narrow minor widths are encouraged as appropriate. Where possible, existing natural unique vegetation and forested areas should be retained on the site.

Landscaping should favor native species appropriate to the site. Invasive plant species are prohibited. A native plant list is on file with the Planning Board. [1]

Editor's Note: Original § 16.20.030E, Buffers and fences, which immediately followed this subsection, was repealed 11-18-2020 by Ord. No. 20-30. See now § 296-75E, Buffers, fences and bufferyards.

Open space.

Open space shall be provided as part of any planned development. The open space should be classified as developed (recreational, passive or active) or undeveloped (natural) space. Open space can serve as a buffer or help integrate buildings and uses. A recreation facility or park can be used to integrate a project with the surrounding neighborhood.

Developed open space used for active recreational use should not be less than 2,000 square feet in area and should be located in close proximity to the dwelling units it is intended to serve. Developed open space generally should not be isolated in one corner of a project, and all developed open space should be linked to all other open spaces by pathway systems.

Undeveloped open space should have as a prime objective the preservation of a site's natural amenities. Ponds, rock outcroppings, wooded areas, vistas, steep slopes, ravines and streambeds are appropriate for undeveloped open space.

Lighting. Lighting of a type and style to ensure safe movement of persons and vehicles and for security purposes shall be provided. Lighting fixtures should be coordinated with the architectural theme of the site. Lighting shall be placed so as to minimize glare and reflection onto adjacent properties, streets and drives. For additional requirements see § 296-75G.

[Amended by Ord. No. 02-21]

Signs. Signs shall be designed to be harmonious with other signs and architectural features on the site and located and sized so as to achieve their purpose without hazards to vehicles and pedestrians.

Design theme. There should be a consistent sign design theme throughout a particular project. The design theme would include style of lettering, construction, material, type of pole or standard (wood or metal, for example), size and lighting. Color of letters and background is also important and should be carefully considered in relation to the color of the material of buildings or where the signs are proposed to be located.

Location. For safety, signs should be located so as not to create a hazard, particularly at driveway and street intersections. The location of signs should be selected in terms of visibility. Signs designed to be seen from vehicles should be perpendicular to the line of travel, while signs designed to be read on foot can be perpendicular or parallel to walks.

Utilities. Storm drainage, sanitary waste disposal, water supply and other required utilities shall be reviewed and considered. Particular emphasis shall be given to the protection of delineated floodplains, reservations of stream corridors, establishment of drainage rights-of-way, the adequacy of existing systems and the need for improvements, both on site and off site, to control the rate, volume and velocity of storm drainage, to provide for treatment of effluent and to maintain an adequate supply of potable water at sufficient pressure.

Solid waste facilities. Garbage disposal provisions shall be reviewed for adequacy of storage facilities, vermin and rodent control, location, screening, serviceability, maintenance and related aesthetic considerations.

Environmental considerations. Environmental elements relating to prevention of soil erosion, protection of significant vistas or views, preservation of trees, protection of watercourses and resources, noise, topography, soil and animal life shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements. Natural resource inventory data and environmental impact information shall be used in reviewing the design character of development in areas having serious environmental constraints.

Street furniture. The site plan shall provide for those elements of street furniture made of the same or similar materials to ensure design continuity and be appropriate to the particular use. These may include phone booths, benches, bike racks, trash receptacles, bus shelters, kiosks, planters and site directories.

Energy conservation. The site plan should be designed to take advantage of features of the site which will reduce energy usage in the structures placed on the site, as well as utilizing features to ameliorate undesirable microclimates on the site itself. Features of interest include slope, exposure, wind, humidity, glare, canopy cover and the placement of objects and plantings to take advantage of or ameliorate site conditions.

Engineering design considerations. The site plan shall be designed in accordance with accepted engineering design practice to produce a safe, efficient and easy to maintain system of roads, utilities and drainage, which function appropriately during and after construction.

Other considerations. All site plan designs shall include provisions for barrier-free design, maintenance of proposed improvements and construction access.

Fire protection systems. The site plan shall provide for a source of water for firefighting purposes in systems approved by the Township Fire Department in accordance with criteria set forth in § 296-75.

§ 296-75 Site plan design standards. [1]

Purpose of design standards.

The purpose of the design standards set forth in this section is to implement the performance standards established in § 296-74. The performance standards provide a general frame of reference for the applicant in preparing his or her site plan and also provide guidance for the Township in reviewing the proposed development. The Planning Board must find that these standards have been met before an application is approved. These design standards are intended to implement the performance standards. The applicant may propose and utilize an alternative design standard if it can be demonstrated to the Planning Board that it will satisfactorily implement the applicable performance standard.

The Municipal Planner and Township Engineer will be available by appointment to discuss the design standards contained herein with respect to any site plan application. In addition, they are available to meet for presubmission conference with all applicants. Presubmission conferences are encouraged for all applicants at sketch, preliminary and final stages of approval.

Site design. In reviewing site plans for a multifamily residential development, the following design and building layout principles should be followed, except where zoning requirements provide for greater distances or stricter standards.

Minimum spacing between buildings.

Between similar structures. In development groups (more than one building or structure on tract), the following distances should be maintained between similar use structures:

End wall (no openings) to end wall: 1/2 height of highest wall; 15 feet minimum.

Any building face to street curb: height of building face for first 30 feet; 1 1/2 times building height for over 30 feet; 25 feet minimum.

Any building face to parking: 1/2 height of highest building face; 15 feet minimum.

End wall to window wall: 1 1/2 height of highest wall; 30 feet minimum.

Window wall to window wall: two times height of highest wall; 40 feet minimum.

Between buildings of different types.

Where buildings of different types will be developed as a single development group, such as single-family and townhouses, an appropriate buffer shall be used. This may include fencing, facing similar uses toward each other, natural areas, parks or recreation facilities or uses providing gradual density changes between the two dissimilar uses.

Actual building spacing between the two types of uses should be equal to the height of the lower density use times the difference in the net density of the two uses. Where a development abuts existing single-family detached housing, the requirements for buffers as set forth Part 3, Zoning, of this chapter shall be applied.

Townhouses.

Maximum of eight units in a single row; minimum width of unit 18 feet; offset of a minimum of four feet between every two units.

Townhouses should be grouped in clusters with a maximum of 30 per cluster. Private parking should be located near the entrances and outdoor living areas or patios adjoining open space or paths leading to open space. Units should not front on a through street excluding minor horseshoe-shaped streets.

Maximum density of townhouses should be as required by Part 3, Zoning, of this chapter. Each unit should have two means of ingress and/or egress. End units should have at least a ten-foot side yard. Units should be at least 50 feet from all tract boundary lines unless abutting the same or higher density area, then 35 feet is permitted exclusive of required buffers.

Townhouses in each cluster should be consistent in terms of architectural style and major design elements such as materials, windows, rooflines, roof design, etc. Design approval shall rest with the Planning Board.

Garden apartments.

Maximum of 16 units in any structure and maximum length of structures 160 feet. Maximum density shall be as permitted in Part 3, Zoning, of this chapter.

Garden apartment structures should be grouped in clusters with architectural design consistence in each cluster. Each unit should have two means of access, one directly from the unit to the outside and the other as approved by the Planning Board. A minimum of four-foot building offset should be provided at least every 40 feet.

Recreation facilities such as swimming pools, tennis courts and other game courts are encouraged and shall be carefully located to avoid problems of noise, lights and similar nuisance elements affecting residential units. They shall be located not less than 50 feet from any boundary, exclusive of buffers.

Circulation and parking.

Off-street parking. In all zones, in connection with every industrial, business, institutional, recreational, residential or any other use, there shall be provided, at the time any building, structure or use is erected or is enlarged or increased in capacity, off-street parking for automotive and other vehicles in accordance with the requirements set forth herein. Such facilities shall be completed prior to the issuance of a certificate of occupancy. The applicant shall also meet the requirements of P.L. 1975, c. 221, requiring parking spaces for the handicapped.[2]

Editor's Note: See N.J.S.A. 52:32-11 et seq.

Design standards for off-street parking areas.

Number of parking spaces required. The number of off-street parking spaces required and the size of parking stalls shall be as set forth in Part 3, Zoning, Article XVII, Off-Street Parking and Loading, of this chapter. All reserved parking spaces shall be indicated to evaluate the need for additional parking spaces.

Off-street parking requirements for a combination of uses. The parking requirement for each use shall be computed separately and then added together to compute the total number of required parking areas. In all questionable or doubtful cases, or for uses not enumerated, the Planning Board shall determine the required number of spaces, utilizing as a standard the requirements for the uses which are specifically enumerated.

Parking areas should be curbed with granite or belgian block or concrete curbing. Pressure-treated timber curbing may be utilized where appropriate in small parking lots as approved by the Township Engineer, except on lots with access to or fronting on a state highway.

Curbs may be used as wheel stops, provided that a three-foot overhang is provided. The length dimensions of parking spaces may be adjusted by two feet when overhangs are utilized. Hard surfaces should be utilized in overhang situations.

Hairpin or double parking space markings should be used to delineate spaces. Lines should be four inches wide.

Parking areas should be properly lighted, paved and drained.

If a one-way traffic system is utilized, it should flow in a counterclockwise direction. Angle parking should be used to direct cars in the proper direction. Provision shall be made for vehicles to circulate through a filled lot without having to enter again from the street.

All parking spaces shall have clear sight distance for backing out of the space.

Large parking areas should have raised sidewalks or planting beds between bays at appropriate intervals. The walks or bed should allow for car overhang and shall be a minimum of 10 feet in width.

Parking lots and access drives are to be set back at least 25 feet from residential zones, at least 20 feet from street right-of-way lines, and at least 15 feet from all other property lines to provide for adequate room for earth berms and screening and buffering of the parking lot. The provisions of § 296-153E(3) shall be observed.

When guardrails are required, they shall be constructed of wood rails supported by wooden or Corten steel posts, as approved by the Township Engineer, utilizing the detail approved for use on the Garden State Parkway.

Parking area design standards.

Access. There shall be adequate provisions for ingress and egress to all parking spaces. The width of access drives or driveways shall be determined as part of site plan review depending on use, topography and similar consideration and as determined by Article XVII of this chapter.

Size of aisles. The width of all aisles providing direct access to individual parking stalls shall be in accordance with the requirements set forth below. Only one-way traffic shall be permitted in aisles serving single-row parking spaces placed at an angle other than 90°.

Parking Angle	Aisle Width (feet)
0° (parallel parking)	12
30°	14
45°	14
60°	18
90° (perpendicular parking)	25

General location. No off-street loading area shall be located in a minimum required front yard. All parking shall be located in bays generally perpendicular to driveways or roads. Paving should not abut a building unless necessary for loading or for pedestrian circulation.

Location in different zones. No access drive, driveway or other means of ingress and egress shall be located in any residential zone to provide access to uses other than those permitted to such residential zone.

Sidewalk and curbing. Sidewalks between parking areas and principal structures, along aisles and driveways, at the head of parking stalls and wherever pedestrian traffic shall occur shall be provided with a minimum width of four feet of clear passable area and shall be raised six inches or more above the parking area, except when crossing streets or driveways for barrier-free access. Guardrails and wheel stops permanently anchored to the ground shall be provided in appropriate locations. Parked vehicles shall not overhang or extend over sidewalk areas, unless an additional sidewalk width of three feet is provided to accommodate such overhang.

Traffic and pedestrian island. Heavily utilized parking lots shall have dividing islands as required by the Planning Board between bays at appropriate intervals to provide pedestrian safety and to confine vehicles to marked travel aisles within the parking lot. Islands shall be at least 10 wide and shall be landscaped with shade and ornamental trees or pedestrian walks as required.

Landscaping and drainage.

Parking areas shall be suitably landscaped to minimize noise, glare and other nuisance characteristics as well as to enhance the environment and ecology of the surrounding area. Large parking lots shall be broken down into separate lots of not more than 300 cars and separated from other sections by landscaping and similar elements. Said parking areas shall have suitable drainage facilities as required by the Township Engineer and shall conform to the requirements of Subsection C(3)(e) and (f).

Off-tract drainage facilities and structures requiring enlargement, modification or reconstruction resulting in part from, or totally as the result of, the proposed development shall be subject to off-tract improvement requirements and standards as established by the Township.

Lighting. Lighting standards for parking areas shall follow the requirements of Subsection G.

[Amended by Ord. No. 02-21]

Markings and access. Parking stalls, driveways and aisles shall be clearly marked and delineated. The Planning Board may require that certain areas be maintained for firefighting or other emergency purposes, and these areas shall be appropriately designated.

Circulation systems for high-density residential developments. High-density residential developments should be serviced by a complete loop street system of at least 30 feet in width affording at least two means of ingress/egress to the site. Crossovers between the legs of the loop should be provided. When a complete loop system is not practical, a street 34 to 40 feet wide with a divided roadway as the entrance should be provided or some other means of ensuring access for emergency vehicles.

General circulation and parking design principles.

Parking space allocations should be oriented to specified buildings.

Parking areas would be designed to focus on major walkways.

Where pedestrians must cross service roads or access roads to reach parking areas, crosswalks should be clearly designated by pavement markings or signs, or by placing of different pavement materials. Crosswalk surfaces should be raised slightly to indicate them to drivers, unless drainage problems would result. A one-way car movement (to the left or counterclockwise) should be encouraged. A major loop should be developed around the parking areas and parking bays should run perpendicular off the road.

Driveways should approach from the right to permit passengers to alight to or from the sidewalk.

Whenever possible, one-way traffic should be established at building entrances.

Where buses are a factor, bus shelters and bus indentation slots off the roadway should be provided.

Roads and driveways from main roads should be located at grade and not below the crest of vertical curves.

Parking spaces should be kept at least 50 feet from the intersection of the ingress access with the street.

An indented area for last car maneuvering shall be provided.

Ingress and egress for the site should be minimized and provided with acceleration/deceleration lanes with large curb radii to permit ease of access to the parking lot or main road without backing up traffic.

Design of islands should consider snow removal operations and not create an undue hindrance for this operation.

All sidewalk intersections should be flared beginning 24 inches before the intersection on all legs of the intersection.

Off-street loading requirements.

In any zone, in connection with every building or buildings, group or part thereof hereafter erected which is to be occupied by industrial, office, laboratory, commercial or distribution uses there shall be provided and maintained, on the same lot with such building, off-street loading berths in accordance with the requirements set forth below.

Each loading space shall be no less than 12 feet in width, 50 feet in length and 14 feet in height and may not occupy any part of any required front, side or rear yard; provided, however, that on lots on which the rear or side yard abuts a railroad, such loading space may occupy the rear or side yard.

Use	Floor Area (square feet)	Loading Berths
Schools	15,000 or more	1
Hospitals and nursing homes (in addition to space for ambulances)	From 10,000 to 30,000 For each additional 30,000 or fraction thereof	1 1 additional
Undertakers and funeral parlors	5,000 For each additional 5,000 or fraction thereof	1 1 additional
Hotels and offices	From 10,000 or more	1
Retail, commercial, planned commercial and industrial groups; wholesaling, manufacturing and industrial uses	From 5,000 to 15,000 Over 15,000 and up to 30,000 Over 30,000 and up to 50,000 Over 50,000 and up to 75,000 For each additional 100,000 or fractional thereof	1 2 3 4 1 additional

Joint facilities for off-street parking or loading. Off-street parking and loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use; provided, however, that if the time of use of such spaces by a participating use does not overlap with the time of use by any other participating use, the number of spaces may be reduced to the number required for the most intensive use or uses.

Maintenance of off-street parking and loading area. Every parcel of land hereafter used as a public or private off-street parking or loading area shall be maintained in good condition, free of hazards and deterioration. All pavement areas, sidewalks, curbs, drainage facilities, lighting, bumpers, guardrails, markings, signs, landscaping and other improvements shall be maintained in workable, safe and good condition.

Waiver of parking and off-street loading and unloading requirements. If any applicant can clearly demonstrate to the Planning Board that, because of the nature of his or her operation or use, the parking and/or loading and unloading requirements of this section are unnecessary or excessive, the Planning Board shall have the power to approve a site plan showing less paved parking or unloading area than is required by this section; provided, however, that a landscaped area of sufficient size to meet the deficiency shall be set aside and reserved for the purpose of meeting future off-street parking or unloading requirements in the event that a change of use of the premises shall make such additional off-street facilities necessary.

Location of driveways.

All entrance and exit driveways shall be located to afford maximum safety to traffic, to provide for safe and convenient ingress and egress to and from the site, and to minimize conflict with the flow of traffic.

Any exit driveway or driveway lane shall be so designed, in profile and grading, and located to provide the following minimum sight distance measured in each direction. The measurements shall be from the driver's seat of a vehicle standing on that portion of the exit driveway with the front of the vehicle a minimum of 10 feet behind the curbline or edge of the shoulder with the height of the eye 3.75 feet to the top of an object 4.5 feet above the pavement.

Allowable Speed of Road	Required Sight Distance (feet)
(miles per hour)	Left Turn	Right Turn
25	250	200
30	350	260
35	450	350
40	530	440
45	630	550
50	740	700

Where a site occupies a corner of two intersecting roads, no driveway entrance or exit shall be located within 50 feet of the point of tangency of the existing or proposed curb radius of that site or from the right-of-way line of the intersecting street, whichever is greater.

No part of any driveway shall be located within a minimum of 15 feet of a side property line. However, the Planning Board may permit a driveway serving two or more adjacent sites to be located on or within 10 feet of a side property line between the adjacent sites.

No entrance or exit driveway shall be located on a rotary ramp of an interchange or within 100 feet of the beginning of any ramp or other portion of an interchange or jughandle.

Where two or more two-way driveways connect a single site to any one road, a minimum clear distance of 100 feet measured along the right-of-way line shall separate the closest edges of any two such driveways. If one driveway is a two-way and one is a one-way driveway, the minimum distance shall be 70 feet.

Driveways for uses on adjacent lots shall be no closer than 40 feet at the closest edges of the driveway as measured at the right-of-way line.

Driveway angle.

Two-way operation. Driveways used for two-way operation shall intersect the road at an angle to as near 90° as site conditions will permit and in no case will be less than 60°.

One-way operation. Driveways used by vehicles in one direction of travel (right turn only) shall not form an angle smaller than 45° with a road, unless acceleration and deceleration lanes are provided.

Driveway dimensions. The dimensions of driveways shall be designed to accommodate adequately the volume and character of vehicles anticipated to be attracted daily onto the land development for which a site plan is prepared. The required maximum and minimum dimensions for driveways are indicated below. Driveways serving large volumes of daily traffic or traffic of over 15% truck traffic shall be required to utilize high to maximum dimensions.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Use	One-Way Operation Driveway* Width (feet)	Two-Way Operation Driveway* Width (feet)
3 to 10 family residence	10 to 15	18 to 26
11 family residence or over	15 to 25	24 to 30
Commercial and industrial	15 to 30	25 to 40

Note: All driveways shall be six feet wider at the curb line, and this additional width shall be maintained for a distance of 20 feet into the site. Driveway curb radii shall be designed to permit vehicles using the site to turn into or out without encroaching on an adjacent land of either the driveway or the intersecting road. Channelization islands should be greater than 50 square feet in area and curbed. Smaller islands should be painted.

Driveway surfacing. The surface of any driveway shall be constructed with a permanent pavement of a type specified and approved by the Township Engineer and shall normally be four inches bituminous stabilized base topped with two inches FABC surface. Such pavement shall extend to the paved portion of the road and shall extend throughout the area defined by the required driveway dimensions specified above.

Driveway profile. Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. Should the sidewalk be so close to the curb at a depressed curb driveway as to cause the ramp to be too steep and be likely to cause undercarriage drag, the sidewalk shall be appropriately lowered to provide a suitable ramp gradient.

Driveway grades. Driveways shall not have a grade in excess of 10% over the entire length. The first 25 feet of driveway should grade toward the intersecting road and not exceed 6% unless otherwise approved by the Planning Board. Driveways shall not be located where visibility is limited because of curves or topography. The maximum difference between grades should not exceed 8%.

Acceleration lanes. Where a driveway serves right-turning traffic from a parking area providing 200 or more parking spaces and the road has peak hour traffic volume exceeding 750 vehicles per hour, an acceleration lane shall be provided which is at least 250 feet long and at least 10 feet wide measured form the road curbline. A minimum thirty-five-foot curb return radius shall be used from the driveway to the acceleration lane.

Deceleration lanes.

Where a driveway serves an entrance to land development providing 100 or more parking spaces, a deceleration lane shall be provided for traffic turning right into the driveway from the road. The deceleration lane shall be at least 200 feet long and at least 10 feet wide measured from the road curbline. A minimum thirty-five-foot curb return radius shall be used from the deceleration lane into the driveway.

In instances where there is insufficient frontage to accommodate the required length of acceleration or deceleration lane, a separate right-turn ramp 18 feet in width having a turning radius of 75 feet is to be provided. If an island is provided, the throat width is to be 23 feet onto or out of the site.

Reverse frontage roads. Reverse frontage or parallel access roads shall be required by the Planning Board upon analysis and recommendation of the Township Engineer where the volume of traffic or configuration of the road and adjoining intersections requires the same for safety and to keep traffic easily flowing.

Landscaping.

A detailed landscaping plan shall be submitted with each final site plan application prepared by a New Jersey licensed landscape architect. The plan shall identify existing and proposed trees, shrubs, bushes, plant material and ground cover, and natural features such as boulders and rock outcroppings. The grading and limit of disturbance shall be depicted on the landscape plan. It should show where they are or will be located, and the planting details and specifications. Raritan Township specific planting details and specifications are on file with the Planning Board.

[Amended 6-5-2024 by Ord. No. 24-12]

Landscaping shall be specific as to the location, size, spacing, quantity and species (botanical and common name) of all plants, as well as the location, perimeter outline, type and thickness of all mulches. Size, quantity, species and other pertinent information shall also be listed in the form of a schedule on the landscaping plan. Where turf is anticipated, topsoiling, seeding or sodding, fertilizing, liming and water specifications shall be provided. Planting details (staking, fertilizing, watering, soil mixture, etc.) specific to soil conditions and the exposure of the site shall also be provided. Landscaping should be integrated with stormwater management facilities to meet best management practices and improve aesthetics of stormwater facilities. Native plant species are preferred. Invasive plant species are prohibited. A native plant list is on file with the Planning Board.

[Amended 6-5-2024 by Ord. No. 24-12]

The landscaping plan shall include the following information regarding existing trees and vegetation:

[Amended by Ord. No. 10-27]

The location of the tree canopy within the property boundaries. Identify any areas of clear-cutting which have occurred on the property within the last five years.

[Amended by Ord. No. 11-3]

Trees that qualify as specimen and historic trees.

Clear labeling of individual trees to be preserved within the area of development/limit of disturbance with their driplines noted. Township-specific tree protection details are on file with the Planning Board.

[Amended 6-5-2024 by Ord. No. 24-12]

Clear labeling of the trees intended for removal and the location of replacement trees in compliance with Subsection S.

The location of existing and proposed buildings/structures, driveways and parking areas.

The plan shall provide a schedule of the size and species of individual trees with a diameter at breast height (dbh) of 10 inches or greater excluding those within steep slopes (over 25%), wetlands, floodplains, and riparian or associated buffers.

Proposed methods to protect the existing trees and growth during and after construction in compliance with Subsection N(2).

The following notes should be included on the landscape plans:

[Added 6-5-2024 by Ord. No. 24-12]

A two-year maintenance guarantee for all plantings is required by the Township from the date of final acceptance (return of performance bonds).

Shrubs should be grouped in such a way as to be surrounded by a clean bed-line. This bed should be covered with a uniform three-inch depth of mulch.

The landscape contractor is responsible to schedule and attend an on-site pre-construction conference with the Township Landscape Architect prior to beginning any landscape work.

All plant material is subject to inspection by the Township Landscape Architect prior to installation. The landscape contractor shall notify the Township Landscape Architect prior to beginning any landscape work.

Minimum topsoil depths shall be as follows: 18 inches for all planting islands (full depth behind curbing); 12 inches for all planting beds; and six inches for all lawn or meadow areas.

The limits of disturbance shall be flagged by the contractor in the field prior to construction to delineate tree protection edges. All tree protection areas shall then be reviewed and approved in the field by the Township Landscape Architect prior to site clearance. Field modifications of the tree protection areas may occur at that time to accommodate preservation of larger trees or unique vegetative communities. Tree protection fencing shall be erected and maintained at agreed upon tree protection areas for the remainder of the site development.

Landscaping shall be maintained as approved on the site plan. All canopy trees shall be maintained in such a way as to not impact the natural habitat and size of the tree. Shearing, hat racking, the removal of central leaders and other forms of cut-back pruning designed to reduce the overall height and spread of the tree are prohibited. Selective pruning to remove dead and diseased branches, minimize crossing branches and crowding, reduce interference with utilities, cars and buildings is permitted. Pruning should be conducted in accordance with established and accepted arboricultural practices. Improperly pruned trees shall be replaced.

The following principles should be followed:

Locate landscaping to provide for climate control. For example, shade trees on the south to shield the hot summer sun, and evergreens on the north and northwest for windbreaks.

Use landscaping to accent and complement buildings. For example, groupings of tall trees to break up long, low buildings and lower plantings for taller buildings.

Landscaping should be provided in public areas, recreation sites and adjacent to buildings.

Vines and climbing plants should be considered for large expanses of walls for reducing heat buildup and aesthetics.

Consider massing trees at critical points rather than in a straight line at predetermined intervals along streets. Vary types by neighborhood. At least two types of trees should be used for environmental diversity.

Ground cover may be used extensively to reduce erosion and is encouraged on slopes. Where meadow grasses are proposed, please obtain the Raritan Township preferred meadow seed mixture which is on file with the Planning Board.

[Amended 6-5-2024 by Ord. No. 24-12]

Provide for a variety and mixture of landscaping large expanses of turf grass are discouraged and should generally make up 20% or less of the landscaped area. The variety should consider susceptibility to disease, colors, season, texture, shapes, blossoms and foliage.

[Amended 6-5-2024 by Ord. No. 24-12]

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

Consider the impact of any proposed landscaping plan at various time intervals. Shrubs may grow and eventually block sight distances. Foundation plants may block outbuildings.

It is preferable to have fewer large specimens than more smaller ones.

Deciduous trees should be at least 2 1/2 inches to three inches in caliper at planting, and evergreens should be at least four feet tall. Shrubs should be at least 18 inches to 24 inches tall at planting. All plantings should be balled and burlapped unless otherwise approved by the Planning Board.

[Amended 6-5-2024 by Ord. No. 24-12]

Street trees should be selected to fit the space provided, wide spreading trees planted where there is room and small or narrow trees in restricted areas. Street trees shall be placed at a minimum of one per 40 linear feet of frontage. The minimum planting size for street trees shall be 2 1/2 inches caliper. A list of recommended street trees in on file with the Planning Board.

[Amended 6-5-2024 by Ord. No. 24-12]

Entrances to sites deserve special landscaping treatment.

Existing large trees should be saved by not varying the grade around the trees by more than six inches to 12 inches, by construction of tree wells and walls, and by erecting protective fences during construction activities. Maximum effort should be made to save groups of trees rather than individual ones. Grading should not encroach on the critical root zone, more than 25% of the tree protection zone. Township-specific tree protection details are on file with the Planning Board.

[Amended 6-5-2024 by Ord. No. 24-12]

Off-street parking lots designed to accommodate more than 25 vehicles shall be landscaped so that landscaping equal to at least 15% of the parking area is provided in the manner specified below. The landscape plan should specify in detail what areas are proposed to be included in the 15% parking are calculation. A graphic depiction of eligible parking lot landscape areas described below are on file with the Planning Board. The parking area is that area devoted to parking spaces, aisles and space backup area and shall generally consist of such areas within curbing but excluding building, access aisles leading from a street to the parking area, pedestrian walkways and landscaped areas.

[Amended by Ord. No. 02-36; by Ord. No. 06-11; 11-18-2020 by Ord. No. 20-30; 6-5-2024 by Ord. No. 24-12]

In calculating the landscaped area, the following may be included:

[a]

Landscaping within the parking area consisting of landscaped islands between rows of parking spaces and islands at the end of parking rows.

[b]

Landscaped areas which may extend into the parking area from the perimeter of the paved area even though such may be outside of the parking lot curbed area and landscaped areas where parking lot curbed areas as extended would intersect. Examples are included in the Bufferyard Planting Guidelines on file with the Planning Board. Landscaped areas other than those illustrated may also be used as part of the required landscaping if approved by the Planning Board. In determining whether to include such other areas as part of the required parking lot landscaping, the Planning Board shall find that such area is so located and landscaped as to contribute to the objective that parking areas be landscaped.

Up to, but not to exceed, 1/3 of the required 15% of landscaping in the parking area may be included in a landscaped area along a street right-of-way line located between the street right-of-way and parking spaces when such parking spaces are proposed in the front and/or side yard abutting a street and located between a building and street right-of-way. Such area may include any such bufferyard required between the street right-of-way and parking spaces when such parking spaces are proposed in the front and/or side yard abutting a street and located between a building and street right-of-way (see Subsection E). In no case shall landscaping along the building face and/or foundation be included as part of the required landscaping within a parking area. Building facade or building foundation landscaping between a building and a sidewalk generally paralleling such building, or if no sidewalk generally paralleling such building, shall be installed within 15 feet of the building facade and/or foundation.

To be included as part of the required parking lot landscaping such areas shall include perennials, ornamental grasses, evergreen and deciduous shrubs and trees such that the mature landscape covers required parking lot landscape areas.

At least one landscaping island containing a canopy tree shall be planted for every eight spaces within the parking lot. The minimum width of landscaping islands shall be 10 feet. If there is insufficient room, the width may be reduced subject to use of structural soil or chambers as approved by the Board Landscape Architect. Should the Board determine that the use precludes the planting of trees within the parking area, then the developer shall be required to provide twice the number of trees that would have been required in the parking area elsewhere on site if possible, or off site in a separate location to be approved by the Board if sufficient area on site is not available.

It is the intent to have parking lots canopied with trees to reduce stormwater runoff. Light standards should also be located in these islands or walkways. Lighting should be designed to accommodate the proposed parking lot trees.

[Ameneded 6-5-2024 by Ord. No. 24-12]

Parking lot landscaping should be designed and located to withstand the effects of snowplowing.

All landscaping in parking areas should be carefully located so as not to obstruct vision. A variety of different types of trees should be grouped to break up the mass of cars.

Plantings should be chosen to match the particular microclimate and space restrictions to which they will be exposed. For example, drought-tolerant plants should be located where a plant will be surrounded by pavement, and maples and other trees would not be located where their roots can raise sidewalks.

Select trees that can withstand an urban environment in parking lot locations.

(u)

All parking areas shall be screened from the street and adjoining or adjacent properties. Screening shall include planting, dropped or depressed parking lots, earth berms, masonry walls or fences, or a combination of these elements. Parking lot screening shall be at least 50% evergreen plantings. Sufficient separation shall be provided between the parking stall and screening. If sufficient room is not available, screening walls three feet to four feet in height may be used in conjunction with landscaping.

[Amended 6-5-2024 by Ord. No. 24-12]

(v)

Landscaping designed as buffers or screening in combination with other screening devices should be a minimum of three feet high at the time of planting and should consist of a majority of evergreen plant materials (at least 50%). Screening shall be carefully placed so as not to impair visibility of vehicles entering or exiting parking areas.

[Amended 6-5-2024 by Ord. No. 24-12]

(w)

Shade trees shall be located along all streets and drives but outside all public road rights-of-way where possible. Applicants should follow the shade tree planting plan requirements as outlined in this Subsection D(4).

(x)

The provisions of Subsection E, Buffers, fences and bufferyards, of this section and of Article XX, Performance Standards, of this chapter shall be observed.

[Amended by Ord. No. 02-36]

(y)

Where existing trees are to be preserved, the grade of the land located within the dripline shall not be raised or lowered by more than six inches unless compensated by construction of tree wells or retaining walls, and in no event shall tree wells or retaining walls be less than six feet from the trunk of a tree. Grading should not encroach on the critical root zone, more than 25% of the tree protection zone. Township-specific tree protection details are on file with the Planning Board.

[Amended by Ord. No. 10-27; 6-5-2024 by Ord. No. 24-12]

Buffers, fences and bufferyards.

Any new nonresidential use or high-intensity residential use (see footnotes in Tables I and II at the end of this Subsection E), or change in a nonresidential use to a more intensive class of use, or expansion of an existing nonresidential or high-intensity residential use by at least 25% of the floor area and/or impervious surface associated with the use that is proposed, on a lot adjoining a lot containing a less intensive class of existing use or a vacant lot zoned for less intensive uses, shall provide a transitional bufferyard and screening meeting the requirements of this Subsection E. In the case of an expansion of an existing use, where the degree of expansion does not exceed 50%, such expansion need only provide a transitional bufferyard and screening that meet the requirements of this Subsection E to a degree proportional to the degree of expansion. For example, a 30% expansion of an existing use shall provide a transitional bufferyard meeting 30% of required bufferyard depth and plant density requirements. These transitional bufferyard regulations apply whether or not the adjoining lot is in the same zoning district.

[Amended by Ord. No. 02-36]

Location of transitional bufferyard and screens. Transitional bufferyards and screens shall be located:

Along the perimeter of a lot or parcel, but not within any portion of an existing or proposed road right-of-way; or

In instances where the area represented by a site plan is significantly less than the total area of the lot(s) of record, the Board may permit the screening required between the proposed use and the adjacent lot(s) to be located in a transitional bufferyard surrounding the smaller area, provided that:

The depth of the transitional bufferyard and type of screening provided for the smaller area is equal to or greater than required by Tables I and II of this Subsection E;

The transitional bufferyards required in Table I of this Subsection E are also provided around the perimeter of the lots(s) of record; and

The total area of the lot(s) of record, less the smaller area represented by the subject site plan, could meet the minimum requirements within the applicable zoning district, if considered as if they were independent lot(s) of record.

[Amended by Ord. No. 02-36]

Depth of transitional bufferyards.

Required bufferyard depth. Transitional bufferyard depth requirements are set forth in Table I of this Subsection E. To determine the required bufferyard depth, first identify the class of the proposed new, changed, or expanded use. Then identify the class of each adjoining existing use and the zoning of each adjoining vacant lot. Then use the matrix in Table I to identify the required bufferyard depth (shown at the intersection of the row associated with the proposed use and the column associated with the adjoining use or vacant lot zoning).

Overlap with other yards. In the event that a transitional bufferyard depth requirement conflicts with yard requirements within an applicable zoning district, the more stringent shall apply.

[Amended by Ord. No. 02-36]

Screening required within transitional bufferyards.

Required screening. Minimum screening requirements are set forth in Table II of this Subsection E. To determine the required screening type, first identify the class of the proposed new, changed, or expanded use. Then identify the class of each adjoining existing use and the zoning of each adjoining vacant lot. Then use the matrix in Table II to identify the required screening type (shown at the intersection of the row associated with the proposed use and the column associated with the adjoining use or vacant lot zoning). Required screening may be composed of existing vegetation, planted vegetation, a fence, a wall, a landscaped earthen berm, or any combination of these screening measures. Examples and planting guidelines are on file with the Planning Board in the Department of Engineering, Planning and Zoning and are referenced as "Bufferyard Planting Guidelines."

Types of screens.

Type A opaque screen: a screen that is opaque year round from the ground to a height of at least 10 feet, with intermittent visual obstructions from the opaque portion to a height of at least 20 feet. The opaque screen is intended to exclude all visual contact between uses and to create a strong impression of spatial separation. A Type A screen may be composed of fencing, walls, berms, landscaping or any combination thereof as may be appropriate to the specific site and use in question.

Type B broken screen: the broken screen is intended to create the impression of spatial separation between uses without necessarily eliminating visual contact between the spaces. A screen composed of either:

[a]

One canopy tree per 30 linear feet of bufferyard;

[b]

One understory tree per 20 linear feet of bufferyard;

[c]

One shrub per five linear feet of bufferyard;

[d]

Any combination of the above; or

[e]

Any other screening that meets or exceeds the degree of screening achieved by the above.

Alternative transitional bufferyards and screening. Recognizing that a transitional bufferyard is defined by both its depth and the density of screening within it, the Board may allow a transitional bufferyard's depth to be reduced by up to 50% from that specified in Table I if the density of screening within the bufferyard is increased to an equivalent degree, provided that the bufferyard remains deep enough to accommodate the healthy growth and protection of the proposed screen plantings. Similarly, the Board may also allow a transitional bufferyard's screening density to be reduced by up to 50% from that specified in Table II if the bufferyard's depth is increased to an equivalent degree.

Additional transitional bufferyards and screening required.

In addition to any screening requirements found elsewhere in this chapter, any outside storage of junk, refuse, salvage, or discarded materials shall be screened from adjacent rights-of-way by means of Type A screening.

Whenever a use is proposed along a collector street or county or state road, a ten-foot-deep transitional bufferyard and Type B screening shall be required adjacent to the right-of-way.

[Amended by Ord. No. 02-54]

Whenever a nonresidential use is proposed next to a residential use and is separated from the residential use by a public road, a ten-foot-deep transitional bufferyard and Type B screening shall be provided adjacent to the public right-of-way.

Uses and structures permitted within the transitional bufferyards.

A transitional bufferyard may contain utility lines, driveways, or pedestrian or bicycle paths, provided that:

The proposed locations of such uses are necessary for their proper functioning, and such uses cross the bufferyard where feasible, rather than lie along the length of the bufferyard;

The total width of the bufferyard is maintained; and

No screen required by this section is reduced or eliminated.

Signs shall be permitted within transitional bufferyards, provided that:

They are completely screened from view from any point on adjacent residential properties; and

Placement of such signs shall not violate other provisions of this Code.

Transitional bufferyards shall not be used for parking, loading, storage, or any activity that is either part of or accessory to the proposed use.

A transitional bufferyard may contain all or part of a stormwater management system, provided that:

Said system meets requirements found in this § 296-75.

No screen required by this section is reduced or eliminated.

Any detention basin shall be sufficiently landscaped and graded so as to be aesthetically pleasing.

The geometric or other man-made appearance of such facilities shall be discouraged.

Requirements for plants used for screening.

Use of existing vegetation encouraged. Existing vegetation that meets or exceeds applicable screening requirements may be used to satisfy the requirements of this Subsection E, provided that the transitional bufferyard contains sufficient area surrounding the vegetation to ensure its protection from encroachments that may threaten its continued healthy growth.

Location and spacing. Plants shall be staggered or clustered as necessary to maximize screening objectives and to meet the needs of the particular species of plants for root space, water, light and circulation.

Minimum height at planting. Plantings shall follow minimum planting guidelines as found in the referenced document titled "Bufferyard Planting Guidelines" on file with the Planning Board and available for review at the Department of Engineering, Planning and Zoning.

Minimum height at maturity.

Canopy trees, understory trees, and hedge plants shall be of a variety that has a minimum mature height which will meet the minimum screening requirements for which they were chosen.

Shrubs shall be of a variety that has an average mature height of at least three feet.

Requirements for fences, walls and berms used for screening.

Fences and walls. Fences and walls shall be screened over at least 50% of their exterior face area by plantings which provide year-round screening to obstruct the view of the fence or wall from adjacent properties. This may be achieved with a tight evergreen hedge that is 1/2 the height of the fence or wall or by using plants other than the evergreen hedge meeting the above requirement, provided that figures on the average mature height and spread of each species to be planted are submitted with the site plan for approval by the Board.

Berms. Berms shall be planted with trees, shrubs, vines, grasses, or other ground cover. Part of a berm may be devoted to a non-living screen such as a fence or wall.

Maintenance of screenings. All screening shall be maintained to continue its effectiveness. All plantings shall be guaranteed for a period of two years after installation.

Clear view of intersections. Transitional bufferyards and screens shall not impede sight lines at driveways or intersections.

Conflict with other regulations. In the event that a regulation of this Subsection E conflicts with one found elsewhere in this chapter the more stringent regulation shall apply.

Reduction of screening requirement. When a condition such as unusual topography, elevation in relation to adjacent properties, size or shape of the parcel involved, or any other condition exists which would make strict adherence to this Subsection E impractical or impossible, the Board may reduce the transitional bufferyard and screening requirements.

Fencing as an accessory use. Fencing shall be considered as an accessory use to a principal permitted use and are permitted in all zones as set forth in § 296-142.

Waivers and exceptions. The Board may grant a waiver for a reduction in any bufferyard standard as may be reasonable and within the intent of the general purposes and provisions of this Subsection E and if the literal enforcement of this Subsection E is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land involved, as determined by the Board.

Table I Required Depth of Transitional Bufferyards (feet) (6)
Class of Proposed Use	Residential		Nonresidential
	Lower-Intensity (1)	Higher-Intensity (2)	Low-Intensity (3)	Medium-Intensity (4)	High-Intensity (5)
Class of Adjacent Existing Use
Lower-Intensity Residential (1)	n/a	25	50	75	100
Higher-Intensity Residential (2)	25	n/a	50	75	100
Low-Intensity Nonresidential (3)	50	50	n/a	50	50
Medium-Intensity Nonresidential (4)	75	75	n/a	n/a	25
High-Intensity Nonresidential (5)	100	100	n/a	n/a	n/a
Zoning of Adjacent Lot
R-1, R-1A, R-2, R-3, R-4	n/a	25	50	50	100
R-5, R-6, R-6LM, R-7, R-8, R-9	25	n/a	50	50	100
B-1, B-5, P, H	50	50	n/a	n/a	50
B-2, B-3, B-4, O-1	75	75	n/a	n/a	25
O-2, I-1, I-2	100	100	n/a	n/a	n/a

Notes:
n/a - No bufferyard required.
(1)	A lower-intensity residential use is a residential use with a density of fewer than four dwelling units per acre.
(2)	A higher-intensity residential use is a residential use with a density of more than four dwelling units per acre.
(3)	A low-intensity nonresidential use is a nonresidential use with a floor area ratio (FAR) no greater than 15% and an impervious surface coverage no greater than 30%. This category shall include public schools regardless of their FAR or impervious surface coverage.
(4)	A medium-intensity nonresidential use is a nonresidential use with a floor area ratio greater than 15% but not greater than 30% or an impervious surface overage greater than 30% but no greater than 60%.
(5)	A high-intensity nonresidential use is a nonresidential use with a floor area ratio greater than 30% or an impervious surface coverage greater than 60%.
(6)	The depth of a transitional bufferyard may be reduced by up to 50% at the discretion of the Board if the planting density is increased to the same degree. Please see Subsection E(5) for additional information.

Table II
Types of Screening Required Within Transitional Residential Bufferyards [Amended by Ord. No. 02-54]
Class of Proposed Use	Residential		Nonresidential
	Lower-Intensity (1)	Higher-Intensity (2)	Low-Intensity (3)	Medium-Intensity (4)	High-Intensity (5)
Class of Adjacent Existing Use
Lower-Intensity Residential (1)	n/a	B	A	A	A
Higher-Intensity Residential (2)	B	n/a	A	A	A
Low-Intensity Nonresidential (3)	A	A	n/a	B	B
Medium-Intensity Nonresidential (4)	A	A	n/a	n/a	B
High-Intensity Nonresidential (5)	A	A	n/a	n/a	n/a
Zoning of Adjacent Lot
R-1, R-1A, R-2, R-3, R-4	n/a	B	A	A	A
R-5, R-6, R-6LM, R-7, R-8, R-9	B	A	A	A	A
B-1, B-5, P, H	A	A	n/a	B	B
B-2, B-3, B-4, O-1	A	A	n/a	n/a	B
O-2, I-1, I-2	A	A	n/a	n/a	n/a

Notes:
n/a - No bufferyard required.
(1)	A lower-intensity residential use is a residential use with a density of fewer than four dwelling units per acre.
(2)	A higher-intensity residential use is a residential use with a density of more than four dwelling units per acre.
(3)	A low-intensity nonresidential use is a nonresidential use with a floor area ratio (FAR) no greater than 15% and an impervious surface coverage no greater than 30%. This category shall include public schools regardless of their FAR or impervious surface coverage.
(4)	A medium-intensity nonresidential use is a nonresidential use with a floor area ratio greater than 15% but not greater than 30% or an impervious surface coverage greater than 30% but no greater than 60%.
(5)	A high-intensity nonresidential use is a nonresidential use with a floor area ratio greater than 30% or an impervious surface coverage greater than 60%.

Open space.

General requirements. At least 25% of any tract proposed for planned development shall be in common open space and distributed generally as follows:

A minimum of 10% of the gross tract area shall be in formal recreation facilities, such as tennis courts, playgrounds, swimming pools, ball fields, and similar facilities.

A minimum of 10% of the gross tract area shall be in natural features, vistas, significant wooded areas, vegetation and in other usable open space which shall be defined as lands other than in channels, floodways and on slopes in excess of 25% or water bodies, whether used for recreation, retention or detention purposes.

Five percent of the gross tract area may include all lands excluded in Subsection F(1)(b) above and water bodies.

Recreation facilities. The following recreational facilities should be considered as part of any, but not necessarily all, planned developments:

Trails: use to connect open space, between recreational facilities and between buildings and other uses.

Bikeways: minimum width of six feet, optimum of eight feet, and 10 feet where paths are also used for emergency vehicle access. Keep grades under 10%. Machine-laid asphalt surface of four-inch bituminous stabilized base over an approved subbase is required. All turning radii should be at least 12 feet with thirty-seven-foot radii required where bicycle speeds approach 15 miles per hour. Curb cuts and signing should be provided.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Play lots: minimum of 2,000 square feet for toddlers and up to 5,000 square feet for older children. Primarily for use by pre-school-age children. Facilities include swings, slides, play sculptures and benches for parents. Effective service radius of one block or 1/8 of a mile. Approximately one play lot for each 400 persons or 100 children.

Playgrounds: designed for a variety of uses, and the equipment should reflect the patronage. Sandboxes and play sculpture for young children, basketball courts or backboards for older youths, paved areas for various activities, and sunny and quiet areas for the elderly should be provided. The size of the playgrounds should be based on population as follows:

Population	Size (acres)
2,000	3.25
3,000	4.0
4,000	5.0
5,000	6.0

Tennis: one for each 100 dwelling units. Parking should be provided on the basis of four per court.

Swimming pools: provide three square feet of pool area for each resident above three years of age. Provide for wading pools.

Other considerations.

Orientation of recreational facilities generally should run in a northeast-southwest direction.

Carefully orient passive recreational facilities. The southerly exposure is the warmest and captures the short fall, winter and spring sun. During the summer, it can be uncomfortable, but this can be relieved by landscaping.

Small garden plots are also valid recreational opportunities, particularly for the elderly. Orient toward the south.

Recreational facilities should be operated for the residents of the development. They should not be commercial enterprises open to anyone who pays a fee.

Lighting.

Submission of plans. Plans and evidence of compliance shall include the following:

Description of outdoor lamp/luminaire combinations, including component specifications such as lamps, reflectors, optics, angle of cutoff, supports, and poles, and include manufacturer's catalog cuts.

Locations and description of every outdoor light fixture and hours of operation, their aiming angles and mounting heights.

Computer-generated photometric grid showing footcandle readings every 10 feet and the average footcandles for the site.

Foundation details for light poles.

The style of the light and light standard shall be consistent with the architectural style of the principal building and should be coordinated with the landscaping for the site.

Maximum height of lights.

The light shall be measured from ground level to its highest point and shall include the base.

The maximum height in residential parking lots and in off-street residential situations is 15 feet.

The maximum height in nonresidential uses is 25 feet, but in no case shall be higher than the building(s).

Freestanding lights shall be so located and protected to avoid being easily damaged by vehicles.

Lighting should be located along streets, in parking areas, at intersections and where various types of circulation systems merge, intersect or split.

Lighting of walkways/bikeways and parks. Where special lighting is to be provided for walkways, bikeways, or parks, the following requirements shall apply:

The walkway, pathway, or ground area shall be illuminated to a level of no more than 0.5 footcandle.

The vertical illumination levels at a height of five feet above grade shall be no more than 0.5 footcandle.

Lighting fixtures shall be designed to direct light downward, and the light sources shall have an initial output of no more than 1,000 lumens.

Stairways and sloping or rising paths, building entrances and exits require illumination.

All nonessential outdoor lighting fixtures, including display lighting, shall be turned off after close of business, unless needed for safety or security, in which case the lighting shall be reduced to a minimum level necessary as determined by the Board (nonessential may apply to: display, aesthetic, parking and sign lighting).

Light trespass. The maximum illumination at five feet inside an adjoining residential parcel or public right-of-way or beyond from an artificial light is 0.25 horizontal footcandle and 0.25 vertical footcandle. Said illumination likewise measured inside an adjoining commercial or industrial parcel or on a public roadway, or beyond, shall not exceed 0.5 horizontal footcandle or 0.5 vertical footcandle. No line of sight to a glaring light source is permitted from five feet or more inside a residential or public right-of-way property line by an observer viewing from a position that is level with or higher than the ground below the fixture. Compliance is achieved with fixture shielding, directional control designed into the fixture, fixture location, fixture height, fixture aim, or a combination of these factors.

General lighting design. The bulbs in outdoor light fixtures emitting from 600 to 1,200 lumens shall be frosted glass or covered by frosted glass or other similarly translucent cover. An outdoor fixture emitting more than 1,200 lumens, except motion detector activated lighting, shall be full cutoff and fully shielded to an observer at the property line. This can be achieved with fixture location, mounting height, natural or artificial barriers on the fixture owner's property, fixture shielding, and other fixture design features.

A spotlight of less than 1,800 lumens need not be full cutoff or covered by a translucent cover if its center beam is aimed at a point not beyond any property lines and no higher than 45° below horizontal and is motion detector activated and cycles off after five minutes.

Generally, luminaires should not be located closer to the property line than a distance equal to three times the fixture's mounting height above grade at the property line.

Emergency lighting and traffic control lighting are exempt.

The use of searchlights, laser lighting, or lights that pulse, flash, rotate or simulate motion for advertising or promotions is prohibited.

Tower lighting shall not be permitted unless required by the FAA. Required lighting shall be of the lowest allowed intensity and red unless specifically forbidden under FAA requirements.

With the exception of structures having exceptional symbolic significance such as churches, public buildings or buildings of historic significance in the community, exterior buildings and other vertical structures shall not be illuminated. When buildings and other structures having symbolic or historic significance are to be illuminated, the design for the illumination must be approved by the Planning Board.

Buildings and other vertical structures.

The maximum illumination on any vertical surface or angular roof surface shall not exceed 5.0 footcandles.

Lighting fixtures shall be carefully located, aimed, and shielded so that light is directed only onto the building surface. Lighting fixtures shall not be directed toward adjacent streets or roads.

Lighting fixtures mounted on the building and designed to "wash" the building surface with light are preferred.

To the extent practicable, lighting fixtures shall be directed below the horizontal rather than above the horizontal plane.

Landscaping. When landscaping is to be illuminated, the Planning Board shall first approve a landscape lighting plan that presents the purpose and objective of the lighting, shows the location of all lighting fixtures and what landscaping each is to illuminate, and demonstrates that the installation will not generate excessive light levels, cause glare, or direct light beyond the landscaping into the night sky.

Lighting of exterior display/sales areas. Lighting levels on exterior display/sale areas shall be adequate to facilitate the activities taking place in such locations. Lighting of such areas shall not be used to attract attention to the business. Signs allowed under local ordinance are to be used for the purpose. The applicant shall designate areas to be considered display/sale areas and areas to be used as parking or passive vehicle storage areas. The designation must be approved by the Planning Board.

Areas designated as parking or passive vehicle storage areas shall be illuminated in accordance with the requirements for parking areas suggested elsewhere in this section.

Areas designated as exterior display/sales areas shall be illuminated so that the maximum illumination level is 35 footcandles in feature display areas and 20 footcandles in general display areas. In no case shall the illuminance in any exterior selling areas exceed 10 times that of the surrounding area.

Light fixtures shall be cutoff fixtures and shall be located, mounted, aimed, and shielded so that direct light is not cast onto adjacent streets or properties.

Fixtures shall be mounted no more than 20 feet above grade, and mounting poles shall be located either inside the illuminated area or no more than 10 feet away from the outside edge of the illuminated area.

Lighting of outdoor facilities. Outdoor nighttime facilities (concerts, athletic contests, etc.) have unique lighting needs. Illumination levels vary, depending on the nature of the activity. The regulations in this section are intended to allow adequate lighting for such events while minimizing sky glow, reducing glare and unwanted illumination of surrounding streets and properties, and reducing energy consumption. The design plan shall include a discussion of the lighting requirements of various areas and how those requirements will be met.

(19)

Lighting of gasoline station/convenience store aprons and canopies. Lighting levels on gasoline station/convenience store aprons and under canopies shall be adequate to facilitate the activities taking place in such locations. Lighting of such areas shall not be used to attract attention to the business. Signs allowed under local ordinance are to be used for the purpose.

Areas on the apron away from the gasoline pump islands used for parking or vehicle storage shall be illuminated in accordance with the requirements for parking areas set forth elsewhere in this section. If no gasoline pumps are provided, the entire apron shall be treated as a parking area.

Areas around the pump islands and under canopies shall be illuminated so that the minimum horizontal illuminance at grade level is no more than 5.5 footcandles. The ratio of average to minimum illuminance shall be no greater than 4:1. This yields an average illumination level of no more than 22.0 footcandles.

Light fixtures mounted on canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface of the canopy and/or shielded by the fixture or the edge of the canopy so that light is restrained to no more than 85° beyond the vertical plane.

Lights shall not be mounted on the top or sides of the canopy, and the sides of the canopy shall not be illuminated.

(20)

Parking lot lighting. Parking lot lighting shall be designed to provide the minimum lighting necessary to ensure adequate vision and comfort in parking areas and to not cause glare or direct illumination onto adjacent properties or streets.

All lighting fixtures serving parking lots shall be cutoff fixtures.

Mounting heights of lighting fixtures shall not exceed 25 feet.

The minimum illumination level shall be 0.25 footcandle. The ratio of the average illumination to the minimum illumination shall be 4:1.

[Amended by Ord. No. 02-21]

Signs.

Signing plan. A signing plan for all signs, including traffic control signs, is required as part of all site plan submissions. Section 296-163D spells out Township objectives with respect to signs.

Lighting. Internally lit plastic signs are not recommended. Painted, externally lit signs are preferred which blend with the rural character of the municipality.

Traffic signs and control devices. Improvements, such as "stop," "yield," "one-way," signs, etc., shall be designed and installed in accordance with applicable federal, state and county regulations in accordance with the Manual on Uniform Traffic Control Devices adopted by the United States Department of Transportation.

Street signs. The design and location of all street signs shall be approved by the Planning Board. The name of all streets shall be approved by the Planning Board.

Utilities.

The design and location of all utilities shall be underground and shall be based on Township standards and those standards of the public utility(s) having primary jurisdiction. All plans shall be approved by the Township Engineer and the appropriate authority.

[Amended by Ord. No. 02-9]

Any development located within the sanitary sewer service area as identified in the most recent Township Master Plan shall only be connected with and use the facilities of the Raritan Township Municipal Utilities Authority sanitary sewer system to the exclusion of any other system or methods for the collection and disposal of sanitary sewage. If the Planning Board determines that the existing Raritan Township Municipal Utilities Authority sanitary sewer system is not reasonably accessible either due to such reasons as the distance required, the level of improvements required, or lack of available sewer treatment capacity to allow the economically feasible development of the property, the applicant shall install within the development a complete sewer pipe system including all necessary easements and provisions for the connection thereto at each structure. Until such time as the connection to the public sanitary sewage disposal system is capable of becoming operable, individual septic systems or other appropriate and approved waste water treatment facilities shall be required.

[Amended by Ord. No. 02-9]

Solid waste facilities.

Disposal containers are to be conveniently located to trash-producing portions of buildings and shall be provided with their own means of access.

Disposal containers are to be screened by solid wood fencing, berms or dense evergreen plantings. Plantings should be large enough and of a type to provide immediate screening.

Trash containers should be located at the entrances of each business as appropriate and appropriately spaced in parking areas, if necessary.

No litter is to escape from disposal containers.

The provisions of § 296-170B shall be observed.

Environmental considerations.

The site plan shall be designed in accordance with applicable Township regulations designed to protect the environment. The Township has passed a stormwater control and floodplain ordinance and soil erosion and sediment control ordinance.[3] Applicants should be prepared to document conformance with the provisions of these ordinances to the satisfaction of the Township Engineer.

Editor's Note: See Part 4, Soil Erosion, and Part 5, Stormwater and Flood Control, of this chapter.

It is the responsibility of any person causing any activity on or across a stream, watercourse or swale, or upon the floodway or right-of-way thereof, to maintain as nearly as possible in its present state the stream, watercourse, swale, floodway or right-of-way during the duration of such activity and to return it to its original or equal condition after such activity is completed.

No person shall block, divert, disturb, impede the flow of, alter or construct any structure or deposit any material or thing or commit any act which will affect normal or flood flow in any communal stream or watercourse without having obtained prior approval from the Township of Raritan and the New Jersey Department of Environmental Protection.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Stream setbacks shall be maintained as per § 296-141.

[Amended by Ord. No. 06-11]

No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises, and excavating or grading incidental thereto, or except as hereinafter specified.

Site conditions.

During construction. During construction, the site shall be maintained and left each day in a safe and sanitary manner, and any condition which could lead to personal injury or property damage shall be immediately corrected by the developer upon an order by the Building Inspector or other authorized personnel. The developer shall make provisions for disposal of oil and grease from equipment. The site area should be regularly sprayed to eliminate dirt from construction activity. Dust should be controlled with calcium chloride.

Disposal of dead trees, litter and building materials. Developed areas shall be cleared of all stumps, litter, rubbish, brush, weeds, dead and dying trees, roots and debris, and excess or scrap building materials shall be removed or destroyed to the satisfaction of the Construction Official, prior to issuance of a certificate of occupancy.

Changes in elevation. No change shall be made in the elevation or contour of any lot or site by the removal of earth to another lot or site other than shown on an approved site plan. Minimal changes in elevations or contours necessitated by field conditions shall be shown on the final plat and indicated as a change from the preliminary, or if final approval has been granted, said changes shall be shown on the as-built plans.

Temporary improvements. Prior to or during construction, the Township Engineer may require the installation or construction of improvements to prevent or correct temporary conditions on the site which could cause personal injury or damage to property or constitute a health hazard. These conditions may result from erosion and landslide, flooding, heavy construction traffic, creation of steep grades and pollution. Improvements may include berms, mulching, sediment traps, detention and retention basins, grading, plantings, retaining walls, culverts, pipes, guardrails, temporary roads and others appropriate to the specific condition. All temporary improvements shall remain in place and in operation until otherwise directed by the Township Engineer.

Street furniture.

Street furniture is the man-made element of an urban landscape. These are the functional elements of the environment and include phone booths, benches, planting boxes, mail and meter boxes, water towers, lighting standards, directional signs, bollards (posts), fire hydrants, power lines, fences and walls, water fountains and pools, drinking fountains, trash receptacles, bike racks, sculpture, paving and steps, and bus shelters. The street furniture plan should include location, size, lighting and design relationship.

Certain street furniture is functional in nature and should be located where the demand is. Bike racks should be located in front or to the rear of multifamily areas and with easy access to bike trails. They also should be placed near service areas, by recreational activities and outside all major public and commercial or office buildings as appropriate.

Bus shelters may be required at major intersections. The stops themselves should be on the far side of the intersection so as not to block other vehicles or limit passage through the intersection. It is desirable to provide indentations to accommodate the buses off the main travel routes. The shelter should be designed to keep rain off those waiting for the buses and to break the wind. They should not be entirely enclosed to allow the interiors to be readily observed.

Trash receptacles should be located near recreational activities, at street corners, at entrances and exits to buildings and where people naturally congregate such as near bus stops and under streetlights. Open-weave receptacles should be avoided because wind blows small bits of paper and debris from them.

Dog waste receptacles shall be located near trails, sidewalks and other walkways as determined by the Planning Board.

[Amended by Ord. No. 06-11]

Engineering design considerations.

Pavement in parking areas and driveways is normally four-inch bituminous stabilized base with two-inch FABC surface course and subbase. Applicants are encouraged to use decorative and porous paved surfaces other than asphalt if they meet with the approval of the Township Engineer and the Planning Board and are appropriate to the location and use.

Engineering and construction details for all improvements shall be made part of the site plan submission.

Place storm drains on the high side of the roadway to intercept groundwater before pavement section. Cross-crossing the road to avoid manholes shall not be permitted.

Storm drain outlets are to be 25 feet or more from a stream. Discharge at five feet per second or less into a riprap channel. The channel is to meet the main stream at 45° or less.

All inlets are to have an eight-inch head or two inches greater than curb face. Castings are to be stream-flow type for efficiency.

Minimum lot grades are to be 2%; maximum side slopes of 3:1. Grading should blend with the surroundings. Abrupt grade changes should not be apparent.

Provide overland relief for stormwater in roads with sump condition for storms in excess of design frequency.

The first 25 feet of driveways are to drain toward the street. As an alternate to asphalt pavement, driveway aprons may be constructed of six-inch-thick concrete.

Velocities in swales are not to exceed five feet per second, unless grouted riprap is proposed. Riprap must have a filter blanket for stability.

All vertical curbs are to be a minimum length allowed by the American Association of State Highway Officials to lessen flat spots in gutters.

Minimum storm drain size shall be fifteen-inch reinforced concrete pipe (RCP). Corrugated metal pipe (CMP) shall be fully coated with paved invert and shall be used outside roadway rights-of-way.

All drainage inlets are to have a concrete invert, and all pipes are to be cut flush with walls. Inlets shall be self-scouring under low flow conditions.

All nomenclature should agree with New Jersey Department of Transportation specification designations.

Profile of minor roads should meet gutter elevation of arterial roads to avoid bumps or thank-you-ma'am at intersection.

Underdrains should be expected and noted on plans to be "as directed by the Township Engineer." This would apply to pavement as well as on-lot drainage.

All roads are to be constructed of four-inch Type 5, Class A road stone subbase material, four inches of 1 1/2 inch quarry blend as approved by the Township Engineer.

At intersections and points of ingress and egress to sites, the approach grades should be minimized to under 2% to allow a relatively level stopping area for 100 feet, plus or minus. Handicapped ramps shall be installed at intersections.

Where road widths exceed 30 feet, an eight-inch curb face will be required. Where roads are 30 feet in width, a six-inch curb face will be required. On twenty-four-foot or narrower width roads, a six-inch sloping curb will be required (six inches vertical height).

(19)

Right-of-way lines at intersections must have a radius similar to curb return. Angle points in right-of-way will not be permitted.

(20)

All intersections are to be provided with sight triangles, and such areas are to be cleared and graded prior to project completion. Sight easements in other locations will be required as conditions warrant. Sight triangles are normally right triangles of 30 by 100 feet.

(21)

Double inlets are to be provided with a double wall on exterior walls and castings supported by 6WF20 beam in the center. All other roadway inlets shall be of double wall construction for roadway walls.

(22)

Stakeout of horizontal and vertical curves is to be at twenty-five-foot intervals. A minimum of two stakes shall be used for inlet stakeout.

(23)

Detention and retention basins shall be of a free-form configuration with 3:1 slopes maximum. A lot flow channel should be provided with 2% bottom grading to the channel. Recreational use of such basins shall be considered. Geometric or other man-made appearance of such facilities is discouraged. Location of detention basins should not be adjacent to roadways unless sufficiently landscaped and graded so as to be aesthetically pleasing.

(24)

Islands in culs-de-sac should contain low-maintenance landscaping, such as shade trees, pines and other tree form evergreens.

(25)

Minor residential streets shall be limited to a minimum center-line radius of 100 feet. As designated by the Township Engineer, tight horizontal curves shall be expanded to 30 feet on twenty-four-foot-wide roads, and to 40 feet on thirty-foot-wide roads, to accommodate restricted turning movements, occasional parking and supportive emergency services. All other roads of collector or arterial type shall be designated in accordance to American Association of State Highway Officials standards to accommodate the design volumes and speeds.

(26)

In using the rational formula, a "C" value of 0.20 is the minimum to represent woodland and the maximum for undeveloped land shall be 0.30.

(27)

Sidewalks and underground utilities are to be located in the lower side of the roadway in the area behind the curb.

(28)

Gas, water, storm and sanitary sewers shall be constructed within the paved portion of the roadway (curb to curb).

(29)

Where soil conditions permit, sump-type inlets are required to recharge the aquifer.

(30)

Prior to paving of roadways, all curbs, concrete driveway aprons and grading of slopes in the right-of-way shall be completed.

(31)

Sidewalks crossing driveways shall be six inches thick and shall not drop, but shall continue as a straight grade parallel to the center-line profile. Driveway aprons shall meet the sidewalk edge, thus providing a positive slope toward the gutter.

(32)

Curbing at driveways shall also be 18 inches in overall depth. The depressed curb will necessitate increasing the depth of the bottom of the curbing at these locations.

(33)

In addition to the above requirements, the design of the drainage system shall follow those standards found in N.J.A.C. 7:8-5 et seq. and 7:8-6 et seq. and in the New Jersey Department of Environmental Protection New Jersey Stormwater Best Management Practices Manual. The best management practices selected shall be based upon the specific conditions of the property in question after consultation with the Township Engineer.

[Amended by Ord. No. 04-16]

Other considerations.

Energy conservation.

Buildings should be located to best take advantage of the site: winds, sun, cold air drainage, humidity, vegetation, landforms, etc.

Plantings and structures should be located to block undesirable winds and sun and increase wind and ventilation where desirable.

Water bodies should be considered for reflecting light and cooling.

Snow drifting should be considered.

Applicants should consult a publication titled "Landscape Planning and Energy Conservation" before designing site plans.

Tree protection during construction.

[Amended by Ord. No. 06-11]

The tree protection area shall be located at least 15 feet from the trunk of the tree(s) to be retained. Where there is a group of trees or woodlands, the tree protection area shall be the aggregate of the protection areas for the individual trees.

Tree protection areas shall be shown on the landscape plan and the grading plan. Grading should not encroach on the critical root zone, more than 25% of the tree protection zone. Township-specific tree protection details are on file with the Planning Board.

[Amended 6-5-2024 by Ord. No. 24-12]

Prior to any site work, clearing, tree removal, grading or construction the tree protection area shall be delineated.

Where groups of trees are to be preserved the area shall be delineated with tree protection fencing as follows:

All woodland and forest and forest areas proposed for preservation must be fenced with blaze orange fencing with a warning sign placed every 100 linear feet along the fenced area.

No clearing, grading, or land disturbance may begin until the tree fencing has been installed and inspected by the Township Engineer or his or her designee.

No construction, stockpiling, storage, dumping, or heavy machinery may take place inside the fenced area.

Tree protection fencing shall be erected with a minimum height of four feet and placed a minimum of 15 feet from the trunk of the tree or along the dripline, whichever is greater. Snow fencing may be used. However, chain-link fence may be required if warranted by site conditions and rarity of the plant.

[Amended by Ord. No. 10-27]

Any tree protection fencing shall be maintained and remain in place until all construction on site is completed.

Trees being removed shall not be felled, pushed or pulled into a tree protection area or into trees that are to be retained.

No vehicles, construction equipment, construction materials, or waste materials shall be placed within the protection areas.

No toxic materials shall be placed within 100 feet of the tree protection area.

When tree stumps are located within 10 feet of the tree protection area they shall be removed with a stump grinder.

Trees shall not be used for roping, cables, signs or fencing. Nails and spikes shall not be driven into trees.

Any clearing within the dripline or within 15 feet of a tree, whichever is greater, shall be done by hand-operated equipment.

[Amended by Ord. No. 10-27]

Where a tree that has been noted for preservation is severely damaged and is unable to survive, tree replacement shall occur as provided in compliance with Subsection T.

[Amended by Ord. No. 10-27]

Performance standards of Part 3, Zoning, of this chapter. The provisions of Article XX shall be observed. As a condition of any approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall supply written evidence, satisfactory to the Planning Board or its designated representative, that the proposed use, structure, process or equipment will conform fully with all of the applicable performance standards.

Barrier-free design. The provisions of N.J.A.C. 5:23-7.1 et seq. pertaining to barrier-free design shall be observed in the design of all improvements as appropriate.

[Amended 11-18-2020 by Ord. No. 20-30]

Maintenance. The provisions of Article XX of this chapter and other appropriate sections of this Code and all conditions of site plan approval, including maintaining all site improvements as approved or intended, shall be constantly observed as a condition of continued occupancy of and use of premises or structures. Landscaping shall be maintained as approved on the property. All canopy trees shall be maintained in such a way as to not impact the natural habitat and size of the tree. Shearing, hat racking, the removal of central leaders and other forms of cut-back pruning, designed to reduce the overall height and spread of the tree is prohibited. Selective pruning to remove dead and diseased branches, minimize crossing branches and crowding, reduce interference with utilities, cars and buildings is permitted. Pruning should be conducted in accordance with established and accepted arboricultural practices.

[Amended 6-5-2024 by Ord. No. 24-12]

Construction access. In order to assure public health, welfare and safety through residential areas and to preserve the structural integrity of pavements designed for residential loadings, prior to preliminary approval, the developer shall stipulate means for construction access to the proposed development for all road and building materials, equipment, supplies and manpower. Construction access may be categorized as direct external access to the site and internal access through the site or adjoining sites.

Direct external construction access. In most cases, small nonsectionalized developments will not require a separate construction access, provided that there is direct construction access to the site from a state highway. Where construction access to a site is only available via roads of a lesser category than a municipal arterial road, or where construction access must be through earlier improved sections of the same or other developments, the applicant shall be responsible for off-site and/or off-tract improvements to said access route in the form of sidewalks, structural repairs and additional macadam surface coursing as necessary to permit the access route to withstand or be repaired from the abnormal loading of the road or roads, and to assure pedestrian safety along the route. In lieu of physical improvements to this type of construction access route, the Planning Board may require, as an alternate, the posting of a performance bond to cover the cost of damage to less than arterial construction access routes.

Internal construction access. Construction access for staged projects shall, when possible, be via a separate construction route which avoids improved sections of the development and adjoining developed properties. The construction access may take a different route as succeeding sections of the development are constructed. Such an internal construction access route shall be maintained by the developer for the duration of the project to such a standard as to permit access for materials and equipment and shall normally consist of five inches of 2 1/2 inch quarry blend topped with two inches of 3/4 inch road stone. All sectioned developments shall have the sectioning plan designed with construction access as a primary determinant in the sequence of development of the site.

Related standards.

Applicants shall observe all recommendations of the Township Engineer and standards set forth in Chapters 210, 334, 372, 410 and 448 of this Code in the design, construction and installation of improvements. Percolation test requirements shall be governed by Chapter 516, Sewers and Sewage Disposal, Article I, Individual Sewage Disposal Systems, of this Code regarding preliminary plats and the Township Board of Health requirements set forth in ordinances adopted by that Board.

The requirements of Part 3, Zoning, of this chapter, including all applicable standards for parking, performance standards, location of structures, setback, bulk, height and coverage, shall apply to site plan review.

The design criteria established in Article X, Land Subdivision Standards, shall apply, where appropriate, to site plans.

All applicable requirements and standards of other Township ordinances shall apply to site plans as appropriate.

Applicants are encouraged to obtain copies of the following publications which contain design standards which will supplement the design standards contained within this chapter:

New Jersey Department of Community Affairs, Division of Local Government Services, Site Plan Manual, Department of Community Affairs, Trenton, 1976.

New Jersey Department of Community Affairs, Division of Local Government Services, A Guide for Residential Design Review, Department of Community Affairs, Trenton, 1976.

In the event that the Township has not adopted standards and specifications for a specific type of improvement, then generally adopted engineering standards set forth in engineering and construction manuals as may be approved and modified by the Township Engineer for a specific situation shall be used. Gas, electric, telephone and similar utilities shall be installed in accordance with applicable company, state and federal requirements.

Easements. The following easements, as appropriate, shall be granted to the Township as a condition of final site plan approval. The Township Attorney shall be responsible for the preparation of any easements to be dedicated to the Township. The applicant will be responsible for providing the Township Attorney with the following: one copy of the approved subdivision or site plan, easement descriptions approved by the Township Engineer, one copy of the resolution of approval, and one copy of a deed for the property showing the current property owner.

Utility easements. As determined by the Planning Board, easements may be required for utility installation, existing or future. Such easements shall be at least 20 feet wide and located after consultation with the utility companies.

Drainage and conservation easement.

Wetlands and wetland buffer/transition areas. Where property to be developed contains wetlands and their associated transition areas as confirmed by the State of New Jersey under a letter of interpretation, said wetlands and transition area shall be placed into conservation easements. Where a property has wetlands but the areas have not been confirmed by the NJDEP under a letter of interpretation, the wetlands transition area shall be 150 feet and shall be placed into a conservation easement.

Watercourses. Where a property contains a watercourse, said watercourse and any riparian buffer as required under § 296-141A of this chapter shall be placed into drainage and conservation easements.

Other significant physical features. Where a property to be developed contains significant features, including but not limited to wooded areas, steep slopes, aquifer recharge areas, wildlife habitat, rock outcroppings, vistas, soil conditions, or other significant horticultural, environmental, or natural features determined by the Environmental Commission and/or Planning Board to be desirous to preserve, they shall be placed in drainage and/or conservation easements.

Historic structures. If any property to be developed contains a structure determined to be eligible to be listed on the National Register of Historic Places as listed within the Township Historical Survey, Hunterdon County Historical Survey, the New Jersey Register of Historical Places or the National Register of Historic Places or as may be further recommended by the Raritan Township Local Historians Committee, an easement preventing the demolition or substantial remodeling of the structure shall be given to the Township.

Sight easement.

At street intersections, horizontal and vertical curves, and where access drives intersect streets, sight easements shall be required, as appropriate, by the Planning Board. The sight easement shall be kept clear of vegetation, structures, fences or topographic features or objects which block vision at a height of two feet to 10 feet above the elevation of the surface of the edge of the adjoining road. It is the responsibility of the property owner to maintain the area within the easement as stated above.

Sight easements shall be generally triangular in shape with the sides adjoining streets or drives being 100 feet and 30 feet, respectively, unless road conditions warrant a larger or greater size, in the manner determined by the Planning Board. When necessary, the Planning Board may consult with the Municipal Engineer prior to requiring and/or fixing the area of a sight easement.

Right-of-way easement. Developments that front on existing streets which do not conform to right-of-way widths as set forth in the Master Plan or on the Official Map shall dedicate along the frontage of the tract, as appropriate, the additional right-of-way from the center line necessary to conform to the desired width. Where a development adjoins along one side of an existing road which does not meet standards, only 1/2 of the required extra right-of-way width shall be dedicated. A minimum of a twenty-five-foot right-of-way return shall be provided at all street intersections. Within the easement, the municipality may authorize or build, widen, improve and repair the Township road, including such bridges, culverts, slope and drainage facilities, guardrails, sidewalks and other protections and such other devices and facilities as it may see fit, and the Township may also permit the installation, repair, maintenance and removal of such public utility wires and pipes and renovating of such entrances as it may see fit and including the use by the Township of all earth, soil aggregate, vegetation and trees as may be required for road construction.

Cemeteries and burial places. Any property to be developed containing an unused or historical cemetery or burial place shall provide an easement to the Township preventing the removal or alteration of the cemetery or burial place.

Fire protection systems. While recognizing that it may not be possible to assure complete fire protection in every given case, in order to provide the Township Fire Department with some minimum firefighting capability, all preliminary and preliminary/final site plans shall provide for a source of water for firefighting purposes in systems approved by the Township Fire Marshal and Fire Chief and in accordance with the following criteria:

Where an existing public water supply is available and has been approved by the Township Fire Department for minimum firefighting purposes, fire hydrants shall be installed at appropriate locations as recommended by the Township Fire Marshal and Fire Chief. Hydrants shall be spaced to provide the necessary fire flow as indicated in Attachment A titled "Fire Flow Requirements for the Township of Raritan" attached to the ordinance codified in this subsection and on file for public inspection.

The allowance for each fire hydrant at 20 psi residual pressure used to deliver the fire flows listed in the above table is as follows:

Allow up to 1,000 gpm for each hydrant within 300 feet of the building.

Allow up to 670 gpm for each hydrant within 301 to 600 feet of the building.

Allow up to 250 gpm for each hydrant within 601 to 1,000 feet of the building.

Allow zero gpm for each hydrant greater than 1,000 feet from the building.

Hydrants shall be installed in accordance with the standards of ANSI/AWWA, Dry Barrel Fire Hydrants, latest edition; painted as directed by the Township Fire Marshal and Fire Chief; and tested in accordance with NFPA 291, Recommended Practice for Fire Flow Testing and Marking of Hydrants, latest edition, to ensure compliance with fire flow requirements.

Acceptance test data shall be provided to the Township Fire Marshal and Fire Chief for review and approval. In areas where public water supply is available, but such water supply does not have the capacity to satisfy the foregoing minimum standards, such public water supply system shall be supplemented with additional measures to satisfy the minimum fire protection requirements of the Township. Such additional measures may involve any one or a combination of the following: installation of booster pumps with appurtenances, installation of aboveground or underground water storage tanks with appurtenances, creation of drafting points with appurtenances, or such other means of increasing firefighting capability as may be recommended and approved by the Township Fire Marshal and Fire Chief.

Where public water supply is not available, surface, underground or aboveground water storage facilities shall be installed to provide a source of water for firefighting. For site plans, such water storage facilities shall be located and installed not farther than 500 feet from any principal structure. Storage capacities for nonresidential developments shall be approved by the Township Fire Marshal and Fire Chief and shall be based on the degree of hazard of the proposed structures to be protected but shall in no event be less than 30,000 usable gallons. The locations of all fire protection systems and appurtenances shall be approved by Township Fire Marshal and Fire Chef. Unless an equivalent alternate fire protection system is authorized by the Planning Board and the Township Fire Department, water storage facilities shall be provided and where underground water storage tanks are proposed shall be constructed and installed in accordance with design standards and specifications on file in the Township Department of Engineering, Planning and Zoning.

[Amended 10-3-2023 by Ord. No. 23-19]

State open waters. No structure shall be built within 50 feet and no disturbance of soil or vegetation shall occur within 25 feet of the top of the bank of any state open waters (as defined or determined by the New Jersey Department of Environmental Protection). Should the watercourse meet the definition of both state open waters and an existing stream carrying water on an average of six months of a year, and/or shown on a United States Department of the Interior Geological Survey quadrangle, then the larger of the riparian buffer requirements found within § 296-141 shall be met.

[Added by Ord. No. 06-21]

Tree removal.

[Added by Ord. No. 10-27]

To the greatest extent practicable, trees 18 inches in diameter at breast height (dbh) and larger, tree rows and hedgerows should be preserved. Only those trees necessary to permit the construction of buildings, structures, streets, driveways, infrastructure and other authorized improvements shall be removed. Where clusters of trees exist on the site or are contiguous with adjacent sites, fragmentation of the cluster shall be avoided where possible. Existing vegetation shall be preserved to the greatest extent feasible, although invasive plants may be removed provided they are replaced with native plants.

No more than 55% of the existing mature woodland tree canopy within the property boundaries shall be removed (not to be interpreted as 55% of the total lot area), unless variance relief is granted by the appropriate land use board pursuant to N.J.S.A 40:55D-70. The location of the remaining 45% of the mature woodland tree canopy to be preserved shall be noted on the landscape plan. Steep slope limits of disturbance and maximum hard surface requirements under Schedule I shall supersede this subsection when appropriate.[4]

[Amended by Ord. No. 11-3; 4-16-2024 by Ord. No. 24-7]

Editor's Note: Schedule I is included as an attachment to this chapter.

A report from the Environmental Commission and the Township's Landscape Architect shall be requested for recommended areas of tree preservation.

[Amended 11-18-2020 by Ord. No. 20-30]

The appropriate reviewing authority shall have the option of requiring a conservation easement to protect any or all trees or tree canopy areas to remain on site.

Tree replacement and reforestation. In the event that tree replacement is required, the following criteria shall be met:

[Added by Ord. No. 10-27]

Replacement tree(s) shall be of nursery-grade quality and shall be planted on the site which is subject to the application.

[Amended 6-5-2024 by Ord. No. 24-12]

The type of replacement tree(s) shall be the same as the species removed from the site or other species native to the area as listed in below. The planting of all replacement trees shall be done by or supervised by a person with horticultural training in tree care and planting methods.

Newly planted replacement trees shall be monitored for a period of one year to ensure the health of the trees. If the replacement trees die within one year of planting, the developer/applicant shall replace the dead tree.

Where replacement trees are required but not suitable for the particular site because of site constraints, including but not limited to slopes, topography, grading, water runoff, wetlands, floodplains, riparian or associated buffers, stormwater detention or retention facilities, existing structures, existing easements, or and any other physical or environmental feature which physically impedes the option to plant the replacement trees, the Township shall impose a fee in lieu of planting, or the applicant has the ability to plant the replacement trees on public lands as designated by the Township's Master Plan or consistent with the designated projects by the Township's Community Forestry Management Plan. There are several sites that fall within the following broad categories: municipal property may include property owned or maintained by the Township, including but not limited to parks, streets, schools, municipal facilities, and open space and recreation areas. Each of these sites can benefit from canopy cover and would be consistent with community character. In addition, replacement and/or reforestation allows for added opportunities to enhance stormwater management recharge and infiltration areas.

Tree replacement schedule.

[Amended 4-16-2024 by Ord. No. 24-7; 6-5-2024 by Ord. No. 24-12]

The number of replacement trees shall be the equivalent of one- to one-and-one-half-inch caliper trees or greater needed to equal the diameter at breast height (dbh) of the removed tree. In the event that replacement trees are not feasible on-site or off-site at a designated Township-owned site, a fee in lieu of planting may be allowed to be calculated based on the current market costs per caliper inches.

The replacement of trees, whether planted on-site or off-site, is preferred rather than the payment of a fee in lieu of planting. Payments in lieu of planting shall only be allowed if the applicant can prove to the Township’s satisfaction that the replacement plantings are not feasible.

(Reserved)[5]

Editor's Note: Former Subsection U, regarding recommended native tree species, added by Ord. No. 10-27, was repealed 6-5-2024 by Ord. No. 24-12.

Solar or photovoltaic energy facility design standards. The following general requirements shall apply to solar or photovoltaic energy facilities as permitted uses:

[Added by Ord. No. 12-5]

Facilities shall not be counted in the calculation of maximum impervious cover, unless the area under the system (excluding the footings) consists of an impervious material, such as pavement. The design of the systems shall comply with all Township stormwater, grading, and soil disturbance regulations and the applicant shall take appropriate measures to prevent a concentrated flow of runoff.

The solar or photovoltaic energy facility shall be encompassed with an eight-foot-high chain-link fence with all fencing and related fence components being black vinyl coated or black powder coated.

Ground systems greater than 1,000 square feet shall provide one or more of the following beneath the structures: meadow grasses or agricultural area for crops or grazing farm animals.

Site disturbance, including but not limited to grading, soil removal, excavation, and soil compaction, including beneath a ground-mounted system, shall be minimized to the extent practical and shall be in accordance with the Township's Soil Compaction Protocol for Solar Energy Generating Facilities, as follows:

Promote viability of vegetation. The contractor shall employ means and methods to maintain and promote the viability of the existing and proposed vegetation cover.

Heavy construction traffic. Heavy construction traffic shall be limited to main access drives as shown on the construction and parking plan. Construction traffic within panel array areas (i.e., at racking locations and between arrays) shall be limited to low-pressure construction equipment and lightweight vehicles in order to minimize soil compaction.

Wet conditions. Construction traffic shall be prohibited when surface soils are excessively wet. No construction shall be performed for a period of 24 hours immediately following a significant rain event (i.e., one inch or greater).

Determination of compaction. Should there be visual evidence of compaction by the absence of vegetation, wheel rutting, tracking, or construction during wet or saturated conditions, or should the Township Engineer believe that there has been compaction, a cone penetrometer which measures soil resistance or other suitable device shall be used to compare the compacted areas with nearby undisturbed areas. If necessary, soil bulk density shall be measured as an alternative at the discretion of the Township Engineer.

Limited soil compaction. For areas where it is determined that compaction is limited to the topsoil or surface layer, the surface should be scarified, seed bed prepared and reseeded following the agronomic standards per the Soil Conservation District.

Subsoil compaction. Where compaction extends to depths greater than six inches, subsoiling or soil plowing shall be performed. Subsoiling or soil plowing shall be performed with agricultural subsoilers or rippers with narrow straight shanks and coulters designed for minimal disturbance of the surface.

Significant soil compaction. In the event of significant compaction, subsoiling or soil planting shall be performed as described above for subsoil compaction and the topsoil shall be amended by the addition of one inch to three inches of an approved compost material. If there are areas that are inaccessible (i.e., under installed panels) the compost layer may be used as a seed bed. In areas which are accessible by equipment, the compost should be incorporated into the soil as part of the seed bed preparation standards of the Soil Conservation District.

Site inspections. Site inspections may be performed periodically by the Township Engineer and/or Township Landscape Architect but shall be performed prior to the issuance of a certificate of occupancy, approval or use and, if required by the Township Engineer and/or Township Landscape Architect, the appropriate soil compaction measures set forth in the within protocol shall be performed by the applicant. In no event shall a certificate of occupancy, approval or use be issued unless and until the Township Engineer and Township Landscape Architect have inspected the property and issued their written approval of the soil compaction conditions.

Mounting of the solar structures shall be accomplished without the use of footings, concrete, or other impervious surfaces, except that up to 10% of the total number of foundation posts may be encased in concrete footings at the discretion of the Township Engineer, and shall be in accordance with the Township's Soil, Water and Post Testing Protocol for Solar Energy Generating Facilities.

To the maximum extent possible, all foundation posts for the racking system which will support the solar panels shall be installed through the driven vibrating method of installation (the hammering method of driving the posts is strictly prohibited) and/or through helical screw-in posts.

All new on-site roadway surfaces (excluding the inverter pads) shall be constructed of pervious materials and shall be designed to minimize the extent of roadways constructed and associated soil compaction. Wooded areas may not be clear-cut to construct or install the solar or photovoltaic energy facility.

All electrical and control equipment shall be labeled and secured to prevent unauthorized access.

There shall be no signs that are visible from any public road posted on a solar or photovoltaic energy system or any associated building or structure, except for the manufacturer's or installer's identification, appropriate warning signs, owner identification, and as required for fire and emergency identification.

There shall be no new lighting other than motion sensor lighting for security purposes.

Emergency response training for the Township Fire Department, mutual aid fire companies, and other emergency and rescue personnel must be provided.

Video surveillance camera monitoring must be installed, at the discretion of the Township, so that all solar panels, inverters, transformers, switching equipment and the connection to the grid are viewed in real time.

No portion the energy facilities or structure shall occupy any areas of land designated and regulated by New Jersey Department of Environmental Protection as floodplains, flood hazard areas, wetlands, wetland transition areas or riparian corridors. An applicability determination from the New Jersey Department of Environmental Protection shall be provided to document the presence and/or absence of these regulated areas.

No soil containing prime farmland and farmlands of statewide significance as identified by the United States Department of Agriculture, Natural Resources Conservation Service, shall be removed from any site.

Any and all cleaning of the solar panels shall be done with water only to the maximum extent feasible. In the event a cleaning solution is necessary, only biodegradable, non-environmentally harmful cleaning products may be used.

Only dry or vegetable oil transformers shall be used on the property, and, in the event that vegetable oil transformers are used, the applicant shall provide containment for each such transformer even if not required by the Uniform Construction Code.

In addition to those items required for an application to be deemed complete, a site plan application shall depict the following:

Location of proposed and existing underground or overhead utility or transmission lines.

Location of any proposed or existing substation, inverter or transformer.

Description of any necessary upgrades or modifications to existing substations or the necessity for a new substation.

Description of how the energy generated by the facility will be connected to the electrical distribution or transmission system or the electrical system of the intended energy user.

For projects over two megawatts, the location and elevations of all transmission lines, support structures and attachments to a substation(s).

If there are no fire hydrants on the property, the site plan must include a 15,000 gallon underground water storage tank (UST); perimeter and internal emergency access drives, no less than 20 feet wide; access gates; and Knox Boxes as found appropriate by the Fire Marshal and Fire Department.

In addition to those items required for an application to be deemed complete, the application shall include the following:

Shading impact plan: a study to evaluate conditions of over shadowing or shading from trees or other obstacles on the solar array system.

Geotechnical report: a study to assess the site's soils, bedrock and geotechnical conditions and what types of infrastructure/foundation design would be needed to support the solar panel facility.

Interconnection feasibility study: a plan to determine the approximate costs and construction time estimates to connect the subject property to the grid operating electric transmission system (PJM interconnection network). The study must also describe the requirements for interconnection, and any network or infrastructure upgrades needed.

Land and surface maintenance plan: a plan showing the methods to maintain and promote the viability of existing and proposed vegetation cover, the areas devoted to construction phasing and heavy construction traffic, and a soil compaction prevention protocol and plan.

Visual impact analysis and photo simulations: depicting the site's existing conditions and the proposed application with and without buffering. The intent of the visual impact analysis is to show how the proposed landscaping and buffer achieve maximum screening and buffering at the time of installation and height of planting material at planting, at five years, 10 years and 20 years.

Glint and glare analysis: a report to determine if the glint and glare off the surface of the proposed solar or photovoltaic energy facility will be visible to off-site viewers, what the duration and intensity of the glint and glare would be and what mitigation methods are needed and/or could be implemented to mitigate the glint and glare.

Soil, water and post testing protocol:

Prior to the issuance of a zoning permit, the applicant shall submit the manufacturer's specifications and product literature for the proposed posts to the Township Engineer and Planner as well as to a New Jersey licensed professional engineer with a geotechnical specialty to be selected by the Township. The Township Engineer, Planner and New Jersey licensed professional engineer with a geotechnical specialty shall review and approve the specifications and product literature to ensure the posts do not contain hazardous substances.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Prior to the installation of the posts, 1% of the posts to be installed shall be tested against the manufacturer's specifications and product literature by a certified materials testing laboratory. The purpose of the tests is to confirm that the materials in the posts match the materials listed in the manufacturer's specifications and product literature, and a written report to that effect shall be submitted to the Township Engineer and Planner directly from the testing firm. The material content tests shall be performed in accordance with ASTM standards by the certified materials testing laboratory. If the test results show that the posts contain no hazardous substances and that they are composed of substantially similar substances to that contained in residential well casing, then the testing is concluded.

If the test results show that the posts contain no hazardous substances but that they are not composed of substances substantially similar as contained in residential well casings, then the following additional testing shall occur:

[a]

The applicant shall arrange for a New Jersey licensed professional land surveyor to establish a GIS grid with soil and water quality testing locations on the property to the satisfaction of a New Jersey licensed professional engineer with a geotechnical specialty to be selected by the Township. Prior to the installation of the posts, the applicant shall submit for review and approval by the Township Engineer and Planner, as well as the New Jersey licensed professional engineer with a geotechnical specialty to be selected by the Township, a sealed survey showing the GIS grid and testing locations.

[b]

Prior to the installation of the posts, soil testing and water testing shall be performed by a geotechnical engineer retained by the applicant to establish a baseline and a written report shall be submitted to the Township Engineer and Planner directly from the applicant's geotechnical engineer and the results shall be reviewed and approved by the New Jersey licensed professional engineer with a geotechnical specialty selected by the Township.

[c]

Soil and water testing shall be performed by the applicant's geotechnical engineer at five-year intervals, commencing five years from the date of the issuance of a certificate of occupancy, approval or use, at locations identified on the GIS grid. A written report shall be submitted to the Township Engineer and Planner directly from the applicant's geotechnical engineer and the results shall be reviewed and approved by the New Jersey licensed professional engineer with a geotechnical specialty to be selected by the Township.

[d]

Failure to comply with the soil, water and post testing protocol will result in a violation of site plan approval.

All soil testing and water testing shall comply with the NJDEP requirements set forth in the Field Sampling Manual.

All testing services shall be paid for out of the applicant's escrow account.

Noise study: a report describing the noise generated from the solar or photovoltaic energy facility and showing consistency with the Township's performance standards and NJDEP Noise Code.

Abandonment and decommissioning plan:

A solar or photovoltaic energy facility that is out of service for a continuous twelve-month period will be deemed to have been abandoned.

The Township may issue a notice of abandonment to the applicant once the facility is deemed to have been abandoned. The notice shall be sent return receipt requested.

The applicant shall have the right to respond to the notice of abandonment within 30 days from notice receipt date.

If the applicant provides information that demonstrates the solar or photovoltaic energy facility has not been abandoned, the Township shall withdraw the notice of abandonment and notify the applicant that the notice has been withdrawn.

If the designated Township official determines that the solar or photovoltaic energy facility has been abandoned, the applicant shall remove the solar or photovoltaic energy facility and properly dispose of the components at the applicant's sole expense within six months (180 days) after the applicant receives the notice of abandonment, or as addressed in the decommissioning plan.

In the event that the applicant fails to remove the solar or photovoltaic energy facility, the Township and/or its employees and/or contractors may enter the property to remove the solar or photovoltaic energy facility (but shall not be obligated to remove the same), and, in the event that the Township performs the removal, all costs and expenses of such removal shall be reimbursed to the Township by the applicant. In the event the applicant fails to reimburse the Township, the Township may place a lien on the property in the amount of the costs and expenses of said removal and, in the event that the Township incurs any additional costs and expenses in enforcing the lien and/or collecting the money owed, the applicant shall be obligated to reimburse the Township for the additional costs and expenses, including reasonable attorney fees.

The applicant shall submit for review and approval to the Township Engineer and Township Attorney a financial security to be held by the Township to guaranty the decommissioning plan and the restoration of the property within 180 days of the cessation of use of the solar or photovoltaic energy facility. The Township requires that the developer have a bond in place for decommissioning the solar or photovoltaic energy facility and an insurance policy which covers all other unfunded aspects of the property. The bond and insurance are to be reviewed and approved by the Township Engineer and Township Attorney.

[8]

Failure to comply with the abandonment and decommissioning plan would require Planning Board approval.

§ 296-76 Site plan review and inspection fee schedule.

Editor's Note: Pursuant to Ord. No. 2017-14 any component of the residential portion permitted within the PCOS District shall be exempt from the requirements of this section.

[Amended by Ord. No. 06-14; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Fees for the following shall be as stated in Schedule IV, Schedule of Fees, attached to this chapter:

Waived site plan approvals: no fee.

Minor site plan.

Sketch site plan review, general development.

Sketch site plan review, residential site plans.

Sketch site plan review, office and industrial parks, shopping centers, and large-scale commercial, industrial or office developments.

Preliminary site plan review.

Final site plan review.

Review of ground sign, when not submitted as part of a site plan application or when submitted after site plan review has been granted.

Conditional uses in conjunction with site plan application.

§ 296-77 Construction procedures.

Prior to commencing construction, a preconstruction meeting shall be held with the Township Engineer's office and other appropriate officials to review project details in order to avoid any misunderstandings. At this meeting, the Township Engineer's office shall present the construction estimate of quantities and costs, which shall be the basis for bonds, sureties and inspection fees in accordance with the Township ordinances. The construction estimate shall be determined after submission of an itemized estimate of quantities and materials submitted by the applicant's engineer. All bonds, sureties, inspection fees, etc., shall be posted prior to commencing construction.

Unless site improvements are in major disagreement with the approved site plan or a matter of imminent hazard, the project will not be shut down. Any deviation from the approved development plan without written approval of the Township Engineer shall be at the owner/contractor's risk subject to the review of the Planning Board prior to final approval/acceptance.

Field revisions may be permitted with the approval of the Township Engineer, provided that the developer's engineer shall make such revisions to the approved site plan as may be required, forwarding copies of the revisions to the Township Engineer.

Major engineering deviations shall be reviewed prior to constructing after receipt of the revised plans. Work may not proceed until the Township Engineer's approval has been secured.

Any major map change or deviation from the approved site plan shall require Planning Board approval prior to construction of the affected improvements. Minor items may be approved by the Township Engineer or Municipal Planner as appropriate prior to construction.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Inspectors from the Township Engineer's office shall be charged with general road and storm and sanitary sewer construction observation. The inspectors are supervised by professional engineers who bear the responsibility of the service.

Supplemental inspection services shall be made for landscaping, grading, sidewalks, bikeways, etc.

The developer's engineer is to maintain a record of all changes, change orders, revisions, etc., and to incorporate the same in the as-built construction plans prior to final acceptance or approval of improvements by the Township. The developer shall present the Township with a duplicate set of tracings certified to be as-built conditions.

Prior to the start of the construction or installation of such improvements, the developer shall advise the Township Engineer 48 hours prior to the commencement of such work. No underground installation shall be covered until inspected and approved by the appropriate official. If, during installation of any of the required improvements, the developer fails to meet specification requirements or to correct unacceptable work the developer shall be notified in writing by certified mail by the Township Engineer that the developer has failed to comply with the specifications or to correct unacceptable work properly, and the notice shall set forth in detail what has not been properly installed. Should any underground structure be covered prior to inspection, it shall be uncovered as directed by the Township Engineer at the expense of the developer for reinspection. If, within 10 days after mailing of such notice, the developer has failed to perform in accordance with the notice, the Township Engineer shall then cause the notice of failure to comply to be served upon the developer, and a copy shall be sent to the Township Committee and Planning Board. All work shall cease on the site immediately upon notification.

It should be noted that work undertaken without inspection shall not be approved and may require removal and/or reconstruction.

All construction stakes and grades shall be set by a licensed land surveyor in the employ of the developer or contractor. One copy of all cut sheets signed by a land surveyor or professional engineer shall be filed with the Township Engineer 48 hours prior to the commencement of any construction.

Prior to the start of the construction or installation of public sanitary sewerage improvements, the developer shall advise the Raritan Township Municipal Utilities Authority 48 hours prior to the commencement of such work. No underground installation shall be covered until inspected and approved by the appropriate official. If, during installation of the required improvements, the developer fails to meet specification requirements or to correct unacceptable work, the developer shall be notified in writing by certified mail by the Raritan Township Municipal Utilities Authority that the developer has failed to comply with the specifications or to correct unacceptable work properly, and the notice shall set forth in detail what has not been properly installed. Should any underground structure be covered prior to inspection, it shall be uncovered as directed by the Raritan Township Municipal Utilities Authority at the expense of the developer for reinspection. If, within 10 days after mailing of such notice, the developer has failed to perform in accordance with the notice, the Raritan Township Municipal Utilities Authority shall then cause the notice of failure to comply to be served upon the developer, and a copy shall be sent to the Township Engineer, Township Committee, and Planning Board. All work shall cease on the site immediately upon notification.

§ 296-78 Temporary certificates of occupancy.

The Planning Board may, after granting final approval, authorize the Construction Official to issue a temporary certificate of occupancy for the subject structure and site development based upon the recommendation of the Township Engineer, Construction Official, and Planner and compliance with the Uniform Construction Code.

The temporary certificate of occupancy shall be granted for a specified period of time not exceeding one year if winter weather or other conditions beyond the control of the applicant prevent compliance with the conditions of final site plan approval before occupancy is needed.

The site and structure shall be completed to a point designated by the Planning Board to protect the health, safety and general welfare of the public and the tenants before the temporary certificate of occupancy is issued.

All incomplete site improvements which were required by the final site plan approval which may not have been previously guaranteed shall have a performance guarantee posted in accordance with § 296-49.

A temporary certificate of occupancy shall not be issued by the Construction Official until the Land Use Enforcement Officer has issued a certificate of development compliance setting forth the Planning Board's conditions associated with the granting of the temporary certificate of occupancy.

§ 296-79 Permanent certificates of occupancy.

A permanent certificate of occupancy shall be issued by the Construction Official only after:

All site improvements have been completed in accordance with the approved final plans and any approved amendments thereto.

The applicant's or developer's engineer has certified in writing that all improvements have been constructed and installed and are operating in accordance with the approved final plans and any approved amendments thereto.

Written confirmation from the Township Engineer that all improvements have been constructed and installed and are operating in accordance with the approved final plans and any approved amendments thereto.

All inspection fees or other outstanding fees have been paid.

All conditions required by the Planning Board prior to issuance of a certificate of occupancy have been met.

The Land Use Enforcement Officer shall issue a certificate of development compliance setting forth that Subsections A through E of this section have been satisfied.

§ 296-80 Revocation of certificate of occupancy; site plan binding on applicant.

If at any time any person fails to adhere to any of the conditions of site plan approval subsequent to receiving a certificate of occupancy, this shall be construed as being in violation of this chapter and shall reasonably be grounds for the revocation of the certificate of occupancy until compliance is achieved. Revocation shall be by written notice sent by certified mail by the Land Use Enforcement Officer. However, the Land Use Enforcement Officer may make the same effective at a future date, and if prior to said date such compliance is achieved, the notice may be withdrawn.

The approved site plan shall be binding upon the applicant. Any changes from the approved final plat shall require resubmission and reapproval by the Planning Board, except as set forth in § 296-79.

§ 296-81 Enforcement.

[Amended 9-2-2025 by Ord. No. 25-34]

Enforcement officer. The Land Use Enforcement Officer is given the duty, power and authority to enforce this article.

Zoning permit. No building permit shall be issued by the Construction Official for any development which has been the subject of site plan review until a zoning permit has been issued by the Land Use Enforcement Officer and/or Township Planner.

Certificate of development compliance or certificate of waiver of site plan review.

Purpose. To ensure compliance with the provisions of this chapter, no certificate of occupancy shall be issued for any development requiring site plan review until the proper certificate of development compliance or certificate of waiver of site plan review has been issued by the Township Planner.

Issuance. It shall be the duty of the Township Planner to issue:

A certificate of waiver of site plan review when site plan review has been waived by the Planning Board; or

A certificate of development compliance when he or she is satisfied that the improvements and conditions of occupancy set forth by the Planning Board as a result of its site plan review of a development have been satisfied pursuant to the procedure set forth in § 296-79.

Violations.

In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this Article or other regulation made under authority conferred hereby, the Township Committee, the Land Use Enforcement Officer, Zoning Officer, or an interested party, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of the building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises, in addition to any other remedy authorized by law.

In addition to the foregoing, if the Township Engineering Department or Zoning Department determines that there is a violation with site construction or that the site in any way deviates from the site plans approved by the Township Planning Board or Zoning Board of Adjustment, the Township Engineer, Planner, Zoning Officer, and/or Land Use Enforcement Officer may issue a stop-work order. Upon the issuance of a stop-work order, the Construction Official shall abide by the order and all construction governed by the Uniform Construction Code shall cease. The issuance of a stop-work order shall apply to all work taking place on the site; and may only resume upon sign-off by the Land Use Enforcement Officer, Township Engineer, and Construction Official.

In case any building or structure is erected, constructed, reconstructed, altered, moved or converted, or any building, structure or land is used in violation of or contrary to the provisions of this chapter, after a notice of zoning violation was issued, the Township may institute an action to enjoin the violation or any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, conversion or use. In addition, in the event of any violation of this chapter, or the terms or conditions or any land use or zoning approval issued pursuant to this chapter, the Land Use Enforcement Officer, Township Engineer, and/or Construction Official, or their designee, may (i) issue a stop-work order, preventing any work relating to the erection, construction, reconstruction, alteration, conversion or use to be in violation, until compliance is achieved; (ii) assess administrative penalties as provided in the applicable provisions of this chapter; and (iii) deny, revoke or withhold any permit(s) as necessary or proper in their judgment to abate, arrest or remedy such violation, to cause such violation to be remediated, abated or cured, an/or to prevent any future violations of this chapter or the terms or conditions of any land use or zoning approval(s) issued.