Borough of Millstone, NJ Zoning

Ord. No. 2009-011

The Zoning Map for the Borough of Millstone is hereby amended in the manner set forth in the map attached hereto. The following tax parcels formerly known as, or portions thereof, shall be rezoned to TND District: Block 8-Lot 1, Block 8-Lot 3a, Block 8 Lot 2, and the remaining lands of Block 8 Lot 8 for a total of 38.5833 acres. (Note: These above parcels have recently been reconfigured to become Block 8 Lot 1 for the combined total area of 38.5833 acres.)

Ord. No. 2015-004

The Zoning Map for the Borough of Millstone is hereby amended in the manner set forth in the map attached hereto. The following tax parcels or portions thereof formerly known as the following shall be rezoned from Mixed-Use Mandatory Cluster to Park District:

Block	Lot
1	7.01
1.01	1
1.01	7
1.02	1
1.02	7

§ 30-106 GENERAL PROVISIONS.

Nature and extent of uses of land. The control and regulation of the nature and extent of uses of structures as herein provided shall apply equally to the nature and extent of the uses of land.

Zoning impact. No land or premises shall be used and no building or structure shall be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein, for the zone district in which it is located and all construction shall be in conformity with the regulations provided for the zone district in which such building or premises is located.

Subdivision of lots. When a new lot or lots are formed from part of a parcel of land, the separation must be effected in such a manner as not to impair any of the provisions of this Ordinance.

Yards. Every lot must provide front, rear and side yards as required by its zone district.

Required area and space. Except as provided in Section 30-106G, no lot, yard, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this Ordinance. If already less than the minimum required under this Ordinance, said area or dimension shall not be further reduced.

Frontage on street. Every principal building shall be built upon a lot with frontage upon a street or streets as defined in N.J.S.A. 40:55D-7, and shall be improved to meet the Borough's standards.

Existing platted lots.

Any lot or plat legally established and existing at the time of passage of this Ordinance may be used for any use permitted in such district in which it lies, provided all of the following requirements are complied with:

Said lot is in single ownership as defined in this Ordinance at the time of adoption of this Ordinance.

All yard requirements are complied with.

In the event that a lot which fails to comply with the minimum lot size requirements of this Article II, Zoning, is contiguous and in single ownership with another lot, such lots shall be deemed merged and construed to be one lot.

Conversion of existing structures. The conversion of existing structures to a use permitted in the zone in which said structures are located will be regulated the same as a new structure constructed in said zone district.

Height exceptions.

At the discretion of the appropriate Board, the height of house of worship steeples or similar architectural element may exceed the zone limitation but in no case exceed a 55 foot height.

Except for single and two family dwellings as permitted in this Ordinance, roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building may be erected above the height limits prescribed by this Ordinance but in no case cover more than 10% of the roof area nor exceed 10% of the maximum height permitted in the district and these items shall be shielded by a parapet wall or other architectural relief consistent with the architecture of the main structure.

Nonconforming uses, structures and lots.

[Amended 3-19-2007 by Ord. No. 2007-001]

Any nonconforming use which lawfully existed at the time of the passage of this Ordinance may be continued.

A nonconforming structure shall not be enlarged unless the structure is changed to a conforming structure, provided, however, that where a building meets the use requirements of this Ordinance and is nonconforming because of height or area or yard regulations, said structure may be enlarged providing the height, area and yard regulations are not further violated.

Any structure or use of land which is nonconforming because of use shall not be enlarged or extended in any manner whatsoever except by authority of the Board of Adjustment.

Change in Nonconforming Use. A nonconforming use in existence at the time of the passage of this Ordinance shall not be permitted to be changed to any use other than a conforming use.

Cessation of Operation. Where there is a cessation of operation with the intention of abandonment of any nonconforming use, the same shall constitute an abandonment of such nonconforming use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this Ordinance.

Completion of Existing Buildings. Nothing in this Ordinance shall require any change in plans, construction or designated use of a structure for which a building permit has been heretofore issued provided construction has been diligently prosecuted within six months of the date of such permit.

Restoration of Existing Buildings.

Nothing in this Ordinance shall prevent the restoration of a nonconforming building partially destroyed by fire, explosion, act of God or act of public enemy, provided that any nonconforming building that is partially destroyed in the manner aforesaid may be reconstructed provided the nonconformities are not further violated.

Any building that is nonconforming because of height, area or yard requirements that is totally destroyed may be rebuilt only if the height, area or yard requirements of this Ordinance are met. To determine the extent of destruction for the purpose of this Ordinance, no part of the footings or foundation walls shall be considered. The total floor area of the reconstructed structure shall not be greater than the original nonconforming structure.

Any building that is nonconforming because of use that is totally destroyed in the manner aforesaid may be rebuilt only as a conforming use.

Determination of Partial Destruction:

Where any nonconforming building or structure, or building that is nonconforming because of use, has been destroyed or damaged by fire, explosion, act of God, or of any public enemy or the like, to the extent of 50% or more of the fair market value of the whole building or structure at the time of the destruction, it shall be presumed to be totally destroyed, and any building, structure or use thereon shall thereafter conform to all the requirements, terms and conditions of this Ordinance.

Where more than 50% of the fair market value of the whole building or structure remains after such damage or destruction, it shall be presumed to be partially destroyed, and any such building or structures may be repaired or restored to the same nonconforming use and to the same extent as existed before such damage or destruction.

Where a nonconforming use is partially destroyed as mentioned above, application must be made for a building permit to rebuild the nonconforming use within 12 months from the time of destruction. Nothing in this Ordinance shall prevent the restoration of a wall declared unsafe by any governmental authority.

Nonconforming Due to Reclassification. The foregoing provisions of this Article shall also apply to building structures, land or uses which hereafter become nonconforming due to any reclassifications of zone districts under this Ordinance or any subsequent change in the regulations of this Ordinance.

Unlawful Use Not Authorized. Nothing in this Ordinance shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of the zoning regulations in effect at the time of the effective date of this Ordinance.

Exceptions to Minimum Lot Size.

Any lot or contiguous lots in common ownership existing at the effective date of adoption or amending of this Ordinance whose area or dimensions met the requirements of the district in which the lot was located prior to adoption of this Ordinance or amendment and which do not meet such requirements of this Ordinance may have a building permit issued for a use permitted for that zoning district provided that all other applicable standards are met.

[Added 3-19-2007 by Ord. No. 2007-001]

Height above sea level. No new building shall be constructed in any zone at an elevation of less than 40 feet above sea level.

Uses permitted in all residential zones.

Family Day Care Homes as permitted and defined under the Municipal Land Use Law (C.40.55D-66.5b.; i.e., the private residence of a family day care provider which is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act," P.L. 1987,c.27 (C.30:5B-16 et seq.).

Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries as defined under the Municipal Land Use Law (C.40:55D-66.1 & 2). The bulk requirements for these uses shall be the same as for single family dwelling units located with the same district.

Uses permitted in all nonresidential zones.

Child Care Centers as defined in the Municipal Land Use Law (C40:55D-66.6) requiring a license from the Department of Human Service pursuant to P.L 1983, c.492 (C.30:5B-1 et seq.). Unless an independent use, the floor area occupied in any building or structure as a child care center shall be excluded in calculating the following:

Any parking requirement otherwise applicable to that number of units or amount of floor space, as appropriate.

The permitted density or intensity of use allowable for that building or structure under the applicable zone requirements.

Accessory buildings and structures. Accessory buildings or structures shall be subject to the following requirements:

They shall not be located in any required front yard, except in the case of fences or walls as permitted by this Ordinance.

Accessory buildings may be erected as part of a principal building, provided that all yard requirements for the principal building are also met by the accessory structure.

The minimum distance of any accessory building from any other building where the accessory structure is not attached to the principal structure shall be five feet.

The minimum setback of accessory buildings or structures from property lines shall be as required for each individual zoning district.

Number of structures on a lot.

Not more than one single family residence shall be permitted on a single lot.

Only one principal building may be erected on a lot except for related compatible buildings constituting one base use or operation under one management and limited to the following:

Planned developments, residential or commercial as defined by the Municipal Land Use Law.

Public or institutional building complexes.

Shopping center developments.

Industrial or manufacturing building complexes.

Farms.

§ 30-106.1 ENVIRONMENTAL AND RESOURCE PROTECTION CODE.

[Added 6-16-2014 by Ord. No 2014-003]

General provisions.

Purpose and Findings.

The purpose and intent of this Section 30-106.1 is to encourage good land use planning and design, to protect and conserve the valuable and environmentally sensitive natural features and resources within the Borough, and to prevent the long-term degradation of the environment for the common benefit of the community in conformance with the purpose of the Municipal Land Use Law N.J.S.A. 40:55D-2j; to implement the recommendations of the Conservation Plan Element of the Millstone Borough Master Plan of 2005, as well as protect the quality of life and the character of the natural and built environment; and to protect the health, safety and welfare of the people and property of the Borough.

The purpose of the following paragraphs is to promote sound development and redevelopment practices by limiting, restricting and prohibiting development from areas of a site, parcel, tract or lot that are not appropriately suited for said development activity and by doing so, guiding to the greatest extent practicable said activities in other areas within the same site, parcel, tract or lot, which are intrinsically suited for site disturbance and/or development activities.

This section is specifically not intended to reduce or otherwise limit gross density as defined by the Municipal Land Use Law and this section. The following paragraphs and the process contained therein are an integral component, and fundamental basis for, the planning and design of all sites, parcels, tracts and lots within the Borough of Millstone.

Definitions. As used in this section:

CUT - A location where a slope has been steepened by an excavation.

CATEGORY ONE WATERS - C1 waters shall have the meaning ascribed to this term by the Surface Water Quality Standards, N.J.A.C. 7:9B.

DBH - The diameter of the trunk measured at a point four and one-half feet from the ground. If the tree is growing on a slope, the measurement shall be taken from the uphill side of the slope. If the tree has a branch or an abnormal swelling at four and one-half feet, the measurement should be taken at a point below the intrusion where the trunk returns to normal size. Any diameter measurement that is not taken at four and one-half feet should include the actual height where it was measured.

DISTURBANCE - The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.

FLOOD PLAIN - The relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by flood water.

GRADING - Any soil stripping, cutting, filling, stockpiling, or any combination thereof, which shall include the land in its cut or filled condition.

HISTORIC TREE - Trees that are of unique historical value, as determined by the Planning Board in consultation with the Millstone Borough Historical Society, and therefore constitute an important community resource.

PERCENT SLOPE - Increase in vertical elevation in feet divided by horizontal distance in feet, with the result multiplied by 100.

REGULATED TREE - Any living tree having trunk caliper of six inches or greater measured at a height of four and one-half feet (forestry method) above natural grade.

RIPARIAN ZONE MANAGEMENT PLAN - A plan prepared by a landscape architect, professional engineer or other qualified professional and evaluating the effects of any proposed activity/uses on any riparian zone. The plan shall identify existing conditions, all proposed activities, and all proposed management techniques, including any measures necessary to offset disturbances to any affected riparian zone.

(Reserved)

(l)

RIPARIAN ZONE - The land and vegetation within and directly adjacent to all surface water bodies including, but not limited to lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h), Cl waters as shown on the USGS quadrangle map or in the County Soil Surveys. It is delineated in the manner set forth in Section 30-106.1 C (2) — (16).

(m)

(Reserved)

(n)

SPECIMEN TREE - Any of the following:

A tree with a DBH or circumference equal to or greater than 75% of that of the largest tree in New Jersey of the same species as listed by the New Jersey Department of Environmental Protection;

A tree greater than 36 inches DBH;

A coniferous tree greater than 100 feet in height;

A tree of any size listed as a rare, threatened or endangered species by the New Jersey Department of Environmental Protection;

A dogwood (Cornus florida) greater than 10 inches DBH;

A tree 100 or more years of age.

(o)

STREAM - A natural watercourse or surface water body that contains water for at least part of the year, has a drainage area of 50 acres or greater, or is portrayed as a dashed line on a USDA Soil Survey Map of the most recent edition.

(p)

STRIPPING - Any activity which removes or disturbs the vegetative surface cover including clearing and grubbing operations.

(q)

SURFACE WATER BODY - Any perennial stream, intermittent stream, lake, pond, or reservoir. In addition, any state open waters identified in a letter of interpretation issued by the New Jersey Department of Environmental Protection Land Use Regulation Program shall also be considered surface water bodies.

(r)

TREE REMOVAL - Any action that results in the death or significant degradation of the health or vigor of a living tree including but not limited to the following:

Cutting the main stem of the tree;

Girdling the main stem of the tree;

Excessive pruning;

Placement of greater than six inches of fill within the drip line;

Excavation within the drip line;

Tilling of soil within the drip line;

Compaction of soil within the drip line;

Placement of or application of any material, chemicals or other substance, whether on the ground or upon the tree or its root system, which will impede the free access of air and water to a tree's living components.

[9]

Application of any substance to any part of a tree, including roots, with the intention to injure, kill or destroy a tree; and

[10]

Flooding or changes in natural soil moisture.

(s)

TREE REMOVAL APPLICATION - The application form, as approved by the Borough Council, to be submitted by an applicant in connection with any proposed tree removal activity as described in this section.

(t)

TREE REMOVAL APPLICATION FEE - The fee, as approved by the Borough Council, to be collected with each tree removal application submitted to the Borough of Millstone.

(u)

TREE REMOVAL PERMIT - Written authorization issued by the Millstone Borough Zoning Officer authorizing the removal of a designated tree or trees identified in the applicant's tree removal permit application.

(v)

TREE REPLACEMENT PROCEDURES - The minimum standards set forth in Section 30-106.1 regarding planting requirements for replacement trees and including but not limited to those set forth in Section 30-106.1D, as well as those set forth as accepted nursery practices and/or recommended practices of the American Nursery and Landscape Association.

(w)

VEGETATIVE PROTECTION - Stabilization of erosive or sediment producing areas by covering the soil with:

Permanent seeding, producing long-term vegetative cover;

Short-term seeding, producing temporary vegetative cover; or

Sodding, placement of cultivated sod onto prepared topsoil causing instant soil stabilization.

Applicability.

General.

In order to promote environmental soundness in the development of property and in the layout and design of site plans and subdivisions, the natural resource regulations and restrictions within this Environmental Protection Code shall apply to the following activities within the Borough:

All applications for major subdivision, site plan or conditional use approval, as those terms are defined in this Ordinance and the MLUL.

Any site disturbance 3000 square feet or greater, or for which the N.J. Uniform Construction Code would require a building permit.

Exemptions.

Nothing herein shall be construed to prohibit the use of land for farming activities, provided that such use is permitted in the zone in which the property is located and is consistent with all other applicable Municipal, County and State regulations, or for which property has an approved Agricultural Management Plan, Farm Conservation Plan or Woodland Management Plan.

Development applications that received Planning Board approval prior to the adoption date of this Section 30106.1 shall be exempt.

Conflicts.

All other ordinances, parts of ordinances, or other local requirements that are inconsistent or in conflict with this Section 30-106.1 are hereby superseded to the extent of any inconsistency or conflict, and the provisions of this Section 30-106.1 apply.

Severability.

Notwithstanding that any provision of this Section 30-106.1 is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions of the section shall continue to be of full force and effect.

Enforcement, Violation, and Penalties.

A prompt investigation shall be made by the appropriate personnel of the Borough of Millstone, of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this Section 30-106.1 is discovered, Section 30-153D of this Ordinance shall apply.

Steep slopes.

Legislative Purpose and Findings.

The purpose of this Section 30-106.1B is to regulate the intensity of use in areas of steeply sloping terrain in order to limit soil loss, excessive stormwater runoff, and the degradation of surface water, and to maintain the natural topography and drainage patterns of land.

Disturbance of steep slopes results in accelerated erosion processes from stormwater runoff and subsequent sedimentation of water bodies with associated degradation of water quality and loss of support for aquatic life. Related effects include soil loss, changes in natural topography and drainage patterns, increased flooding potential, further fragmentation of forest and habitat areas, and compromised aesthetic values. It has become widely recognized that disturbance of steep slopes should be restricted or prevented due to the potential impact on water quality and quantity, and the environmental integrity of landscapes.

Designation of Areas.

Steep slope areas shall be designated or excluded based on site-specific topographic mapping to be prepared by a land surveyor licensed in the State of New Jersey, or utilizing the best available topographic information as determined by the Borough Engineer or Planner. The percent of slope shall be established for each two-foot contour interval.

Steep Slope Disturbance Limits.

No disturbance shall be permitted on slopes of 25% or greater in steepness.

Maximum disturbance allowed in steep slope areas:

For slopes of 20% or greater but less than 25% in steepness: a maximum of 10% of the total slope area is allowed to be disturbed.

For slopes of 15% or greater but less than 20% in steepness: a maximum of 20% of the total slope area is allowed to be disturbed.

Slopes less than 15% in steepness have no steep slope restrictions and are regulated by the site development standards pertinent to the zoning in which the property lies.

Any proposed disturbance for roadway crossings or utility construction in areas of 25% slopes or greater shall require variance application and approval, and in addition to the required MLUL burden of proof, the applicant must affirmatively demonstrate, via analysis of alternatives, that the roadway or utility improvements are necessary in the sloped area and affect the sloped area to minimum extent possible.

Site design and grading on slopes greater than 15% shall provide the minimum disruption of view corridors and scenic vistas and shall preserve significant natural topographic features, including ridgelines, to the greatest extent possible. Roads and driveways shall follow the natural topography to the greatest extent possible to minimize the cutting and grading of critical slope areas.

Except in conformance with a woodland management plan approved by the State of New Jersey and County Soil Conservation District, no trees with a diameter at breast height of six inches or more shall be removed from that portion of a lot with slopes greater than 15%.

Exemptions.

Previously existing artificially-created landscaping features, such as garden mounds or the transitions between terraces shall be exempt from calculating slopes for designation of steep slope areas as defined under this section.

Redevelopment within the limits of existing impervious surfaces.

Site disturbance of a restricted steep slope area with a gross area of less than 500 square feet shall be exempt from these standards. Note: Site developers of small-scale exempt projects are encouraged to become familiar with the technical requirements and performance standards within this Section 30-106.1 and to implement best management practices for protection of steep slope areas on the development site.

Site disturbance for the construction of one single-family dwelling unit involving a gross area of disturbance of less than 3000 square feet and not part of a development involving two or more such units. Note: Site developers of such projects are encouraged to become familiar with the technical requirements and performance standards within this Section 30-106.1 and to implement best management practices for protection of steep slope areas on the development site.

Site development or redevelopment for the purpose of non-commercial home gardening or horticulture primarily for home consumption, provided such activity involves the disturbance of less than 500 square feet.

Performance Standards for Steep Slopes.

The Borough Engineer or Planner, when reviewing an application to disturb steep slopes as defined herein or when reviewing an application for variance relief from the requirements of this section, shall submit a report with recommendations to the Planning Board for each application. The applicant shall comply with and demonstrate the following:

That the disturbance of the steep slope area is necessary for the proposed development of the subject tract or lot and that such development is otherwise in accordance with the applicable ordinance provisions of the Borough of Millstone.

That the proposed development has utilized the areas of the tract with steep slopes of less than 15% to the extent reasonably practicable and that an attempt has been made to minimize the disturbance of the steep slope areas by limiting development to isolated areas of steep slopes;

That appropriate re-vegetation and landscaping of the disturbed steep slope areas will be provided so as to adequately stabilize the slopes and enhance the attractiveness of the site, all in accordance with accepted soil conservation and stormwater management techniques.

That the proposed disturbance of the steep slope area minimizes the impairment of the visual quality of the site.

That:

Any geologic disturbance, including blasting, cutting, or excavating, resulting from the development of a steep slope area will be satisfactorily mitigated; and

The cost of providing and maintaining public facilities and services to those portions of the site where steep slope areas are to be disturbed will not be substantially increased as a result of such disturbance.

Design Standards for Lot Grading Plans Shall Be Pursuant to the Following:

No soil shall be excavated, removed, deposited or disturbed except as a result of and in accordance with a lot grading plan approved under the terms of this Section 30-106.1.

Proposed disturbance of soil shall be, for purposes consistent with the intent of this Section 30-106.1, executed in a manner that will not cause erosion or other unstable conditions.

Provision shall be made for the proper disposition of surface water runoff so that it will not increase unstable conditions. Appropriate storm drainage facilities shall be provided for downstream properties.

Provision shall be made for any structure or other protective measures that proposed slopes may require for the protection of the public safety, including but not limited to retaining walls, guide rails, headwalls and fences.

Any proposed building or structure or attendant protective measures shall not impede the flow of surface water through any watercourse. Only a nominal increase in water surface elevation and velocities will be allowed due to construction.

Any proposed vehicular facilities, including roads, drives or parking areas, shall be so designed that any land disturbances shall not cause excessive erosion. Both the vertical and horizontal alignment of vehicular facilities shall be so designed that hazardous circulation conditions will not be created.

Any fill placed on the lot shall be properly stabilized and, when found necessary depending upon existing slopes and soil types, supported by retaining walls or other appropriate structures as approved by the Borough Engineer or Planner.

All cuts shall be supported by retaining walls or other appropriate retaining structures when, depending upon the nature of the soil characteristics, such structures are found necessary by the Borough Engineer or Planner in order to prevent erosion.

There shall be no alteration of site elevations in excess of one foot within five feet of an adjoining property.

Changes in grade shall not exceed a slope of 2 to 1 unless supported by retaining walls.

No retaining wall on a residential site shall exceed six feet in height, and there shall be at least 10 feet between stepped retaining walls. All retaining walls greater than three feet in height require a certification by a professional engineer that the wall was constructed in accordance with approved plans.

Submission Requirements: Grading/Driveway/Drainage Plan.

Any applicant proposing to disturb steep slopes with the Borough of Millstone shall submit a site grading/driveway/drainage plan prepared by a Professional Engineer. The plan submitted shall be subject to review and approval by the Planning Board after review by the Borough Engineer or Planner before the issuance of a building permit. The Borough Engineer or Planner shall determine if the site plan as submitted is complete and in conformance with the section requirements. The Borough Engineer or Planner may require that specific conditions be complied with in order for the plan to merit acceptance.

Said plan shall include the following information in addition to all other applicable requirements of the Millstone Borough Development Ordinance:

Steep slope analysis: Slopes in classes of less than 15%, 15% but less than 20%, 20% but less than 25%, and 25% or greater based on two foot (2') contour analyzed on ten foot vertical intervals.

Site analysis:

Location of all water bodies including, but not limited to streams, lakes and wetlands.

Existing natural and topographic features.

Location of all existing vegetation including meadow and forest broken down by those areas of vegetation which will be removed as well as vegetation to be preserved. Specifications for revegetation shall also be included.

Location of all proposed and existing buildings and streets.

Soil and sedimentation plan:

Specific methods that will be utilized to control soil erosion and sedimentation, soil loss and excessive stormwater runoff both during and after construction.

A statement and description of the stability of the soils on site and the appropriateness of the construction method proposed.

Hydrology, drainage and flooding analysis to include a statement on:

The effect of the proposed development upon water bodies or wetlands in the vicinity of the project.

The underlying geology, which must attest to and demonstrate the stability of the site.

The building methods to be used in overcoming foundation and other structural problems created by slope conditions, preserving the natural watersheds, and preventing soil erosion and excessive surface water runoff onto neighboring properties and/or streets.

Grading plan for the construction site and all access routes. Signed and sealed by a Professional Engineer or Landscape Architect.

Architectural plans signed and sealed by the Architect or Professional Engineer, showing plans, elevations, and sections.

Calculations of the area of proposed disturbance of each slope class on each proposed lot as well as within any proposed road right-of-way.

No building permit shall be issued and no grading or site clearing shall occur until a plan including all of the above items has been reviewed and approved by the Planning Board after review by the Borough Engineer or Planner.

Fees.

A fee of $400 shall be payable to the Borough for review of the lot grading/driveway/drainage plan.

Riparian zones.

Legislative Purpose and Findings.

Riparian buffers are vegetated areas next to water resources that protect water resources from non-point source pollution, provide bank stabilization and aquatic and wildlife habitat, and reduce accelerated erosion processes from stormwater runoff. Damage to riparian buffers and result in soil loss, changes in natural topography and drainage patterns, increased flooding potential, further fragmentation of forest and habitat areas, and compromised aesthetic values. The specific purposes of this Section 30-106.1C are to:

Restore and maintain the chemical, physical, and biological integrity of the water resources of the Borough of Millstone.

Prevent excessive nutrients, sediment, and organic matter, as well as biocides and other pollutants, from reaching surface waters by optimizing opportunities for filtration, deposition, absorption, adsorption, plant uptake, biodegradation, and de-nitrification, which occur when stormwater runoff is conveyed through vegetated buffers as stable, distributed flow prior to reaching receiving waters.

Provide for shading of the aquatic environment to moderate temperatures, retain more dissolved oxygen, and support a healthy assemblage of aquatic flora and fauna.

Provide for the availability of natural organic matter (leaves and twigs) and large woody debris (trees and limbs) that provide food and habitat for aquatic organisms (insects, amphibians, crustaceans, and small fish), which are essential to maintain the food chain.

Increase stream bank stability and maintain natural fluvial geomorphology of the stream system, thereby reducing stream bank erosion and sedimentation, and protecting habitat for aquatic organisms.

Maintain base flows in streams and moisture in wetlands.

Control downstream flooding.

Conserve the natural features important to land and water resources, e.g., headwater areas, ground water recharge zones, floodways, floodplains, springs, streams, wetlands, woodlands, and prime wildlife habitats.

Establishment and Protection of Riparian Zones.

Riparian zones adjacent to all surface water bodies shall be protected from avoidable disturbance and shall be delineated as set forth below:

Exception: This Section 30-106.1 does not include separate delineations for Category 1 waters as designated by the Surface Water Quality Standards, N.J.A.C. 7:9B, none of which are present in Millstone Borough. In addition, there are no Category 1 upstream tributaries situated within the Millstone HUC 14 watershed. In the event that any waters in the Millstone HUC 14 watershed are re-classified and upgraded as Category 1, the Borough shall revise provisions of this section to include Category 1 protection.

A riparian zone shall be maintained at 150 feet wide along each side of a water body for a total width of 300 feet of the following waters:

Any trout production water and all upstream waters (including tributaries);

Any trout maintenance water and all upstream waters (including tributaries) within one linear mile of and as measured along the length of the regulated water;

Any segment of a water flowing through an area that contains documented habitat for a threatened or endangered species of plant or animal, which is critically dependent on the surface water body for survival, and all upstream waters (including tributaries) within one linear mile of and as measured along the length of the regulated water; and

Any segment of a water flowing through an area that contains acid-producing soils.

A riparian zone of 50 feet wide shall be maintained along all sides of all other surface water bodies.

Measurement of Riparian Zones.

The portion of the riparian zone that lies outside of a surface water body is measured landward from the top of bank. If a discernible bank is not present along a surface water body, the portion of the riparian zone outside the surface water body is measured landward as follows:

Along a linear fluvial water, such as a stream or swale, the riparian zone is measured landward from the feature's centerline.

Along a non-linear fluvial water, such as a lake or pond, the riparian zone is measured landward from the normal water surface limit.

Along an amorphously-shaped feature such as a wetland complex, through which water flows but which lacks a discernible channel, the riparian zone is measured landward from the feature's centerline.

Where slopes in excess of 15% are located within the designated widths, the riparian zone shall be extended to include the entire sloped area in excess of 15% to a maximum of 300 feet.

For areas adjacent to surface water bodies for which the floodway has been delineated per the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-3 or the State's adopted floodway delineations, the riparian zone shall cover the entire floodway area, or the area described in Section 30-106.1 B(2) above, whichever area has the greatest extent.

Riparian Zone as Overlay.

A riparian zone is an overlay to the existing zoning districts. The provisions of the underlying district shall remain in full force except where the provisions of the riparian zone differ from the provisions of the underlying district, in which case the provision that is more restrictive shall apply. These provisions apply to land disturbances resulting from or related to any activity or use requiring application for any of the following permits or approvals:

Building permit.

Zoning variance.

Conditional use approval.

Subdivision or site plan approval.

Map of Riparian Zones.

A map of the riparian zones for the Borough of Millstone is included as an appendix to this Section 30-106.1 and shall be on file and maintained by the office of the Clerk of the Borough of Millstone. (See Figures 1 & 2) Note: It shall be the responsibility of the applicant to verify all riparian zones on his/her survey and application.

Initial Determination of Riparian Zones.

The applicant shall be responsible for the initial determination of the presence of a riparian zone on a site and for identifying the area on any plan submitted to Millstone Borough in conjunction with an application for development or building permit.

This initial determination shall be subject to review and approval by the Borough Engineer or Planner and, where required, by the New Jersey Department of Environmental Protection.

Exemptions.

Exemptions may only be granted by the Planning Board. For an exemption, the applicant must demonstrate that the proposed disturbance:

Is for a linear development with no feasible alternative route.

Is in accordance with a stream corridor restoration or stream bank stabilization plan or project approved by the New Jersey Department of Environmental Protection.

Is necessary to provide for public pedestrian access or water dependent recreation that meets the requirements of the Freshwater Wetlands Protection Act rules, N.J.A.C. 7:7A, the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, or the Coastal Zone Management rules, N.J.A.C. 7:7E.

Is required for the remediation of hazardous substances performed with New Jersey Department of Environmental Protection or Federal oversight pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10- 23.11a et seq. or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq.

Is for redevelopment that does not exceed the limits of existing impervious surfaces.

Would prevent extraordinary hardship on the property owner peculiar to the property, provided the hardship was not created by the property owner, and that without the exemption there would be no minimum economically viable use of the property.

Performance Standards for Riparian Zones.

All new major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of the riparian zone to accommodate primary structures, any accessory uses appurtenant thereto, as well as all planned lawn areas.

Portions of lots within the riparian zone must be permanently restricted by deed or conservation easement granted to the Borough of Millstone or its designee. A complete copy of the recorded conservation restriction that clearly identifies the deed book and pages where it has been recorded in the office of the Somerset County Clerk must be submitted to the Borough.

The recorded conservation restriction shall be in the form approved by the municipality and shall run with the land and be binding upon the property owner and its successors in interest.

Conservation restriction requirements:

A written narrative of the authorized regulated activity permitted pursuant to Section 30-106.1 C(9) herein, date of issuance, and date of expiration, and the conservation restriction that, in addition, includes all of the prohibitions set forth at N.J.S.A. 13:8B-2b(1) through (7);

Survey plans for the property as a whole and, where applicable, for any additional properties subject to the conservation restrictions. Such survey plans shall be submitted on the surveyor's letterhead, signed and sealed by the surveyor, and shall include metes and bounds descriptions of the property, the site, and the areas subject to the conservation restriction in New Jersey State Plane Coordinates, North American Datum 1983, and shall depict the boundaries of the site and all areas subject to the conservation restriction as marked with flags or stakes on site. All such survey plans shall be submitted on paper and in digital CAD or GIS file on a media and format defined by the municipality. The flags or stakes shall be numbered and identified on the survey plan; and

Any lands proposed for development which include all or a portion of a riparian zone shall as a condition of any subdivision or site plan approval provide for the vegetation or revegetation of any portions of the riparian zone which are not vegetated at the time of the application or which were disturbed by prior land uses, including for agricultural use. Said vegetation plan shall utilize native and non-invasive tree and plant species to the maximum extent practicable in accordance with an approved Riparian Zone Management Plan, described Section 30-106.1 C(13) herein.

For building lots which exist as of the date of adoption of this Section 30-106.1, but for which a building permit or a preliminary site plan approval has not been obtained or is no longer valid, the required minimum front, side, and rear setbacks may extend into the riparian zone, provided that a deed restriction and/or conservation easement is applied which prohibits clearing or construction in the riparian zone.

All stormwater shall be discharged outside of, but may flow through, a riparian zone and shall comply with the Standard For Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. (see N.J.A.C. 2:90-1.3.)

If stormwater discharged outside of and flowing through a riparian zone cannot comply with the Standard for Off-Site Stability cited in paragraph C(8)(g) above, then the proposed stabilization measures must meet the requirements of the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-10.2 et seq., and have an approved flood hazard area permit.

Uses Permitted in Riparian Zones.

Any riparian zone area shall remain in a natural condition or, if in a disturbed condition, including agricultural activities, at the time of adoption of this Section 30-106.1, may be restored to a natural condition. There shall be no clearing or cutting of trees and brush, except for removal of dead vegetation and pruning for reasons of public safety or for the replacement of invasive species with indigenous species. There shall be no altering of watercourses, dumping of trash, soil, dirt, fill, vegetative or other debris, regrading or construction.

The following uses are permitted either by right or after review and approval by the Planning Board in riparian zones. No new construction, development, use, activity, encroachment, or structure shall take place in a riparian zone, except as specifically authorized in this paragraph C. The following uses shall be permitted within a riparian zone:

Open space uses that are primarily passive in character shall be permitted by right to extend into a riparian zone, provided near stream vegetation is preserved. Such uses include wildlife sanctuaries, nature preserves, forest preserves, fishing areas and fishing reserves operated for the protection and propagation of wildlife, but excluding structures. Such uses also include passive recreation areas of public and private parklands, including unpaved hiking, bicycle and bridle trails, provided that said trails have been stabilized with pervious materials.

Fences for which a permit has been issued by the Zoning Officer, if required by applicable law.

Crossings by farm vehicles and livestock, recreational trails, roads, storm water lines, sanitary sewer lines, water lines and public utility transmission lines, provided that the land disturbance is the minimum required to accomplish the permitted use, subject to approval by the Planning Board.

Stream bank stabilization or riparian reforestation or wetlands mitigation projects that have been approved by the New Jersey Department of Environmental Protection, subject to approval by the Planning Board.

Nonconforming Structures and Uses in Riparian Zones.

Nonconforming structures and uses of land within the riparian zone are subject to the following requirements:

Legally existing but nonconforming structures or uses may be continued.

Encroachment within the riparian zone shall only be allowed where previous development or disturbance has occurred and shall be in conformance with the Stormwater Management rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.

Existing impervious cover shall not be increased within the riparian zone as a result of encroachments where previous development or disturbances have occurred.

Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the riparian zone, as measured against the intent and purpose under Section 30-106.1 C(1), than the existing or former nonconforming use. This one-year time frame shall not apply to agricultural uses that are following prescribed Best Management Practices for crop rotation. However, resumption of agricultural uses must be strictly confined to the extent of disturbance existing at the time of adoption of this Section 30-106.1.

(11)

Uses prohibited in Riparian Zones.

Any use or activity not specifically authorized in Sections 30-106.1 C(9) and 30-106.1 C(10) shall be prohibited within the riparian zone. By way of example, the following activities and facilities are prohibited:

Removal or clear-cutting of trees and other vegetation or soil disturbance such as grading, except for selective vegetation removal for the purpose of stream or riparian area stabilization or restoration projects that require vegetation removal or grading prior to implementation.

Storage of any hazardous or noxious materials.

Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Soil Conservation District.

Roads or driveways, except where permitted in compliance with Section 30-106.1 C(9).

Motor or wheeled vehicle traffic in any area, except as permitted by this Section 30-106.1.

Parking lots.

Any type of permanent structure, except structures needed for a use permitted by Section 30-106.1 C(9).

New subsurface sewage disposal system areas. The expansion and replacement of existing subsurface sewage disposal system areas for existing uses is permitted.

Residential grounds or lawns, except as otherwise permitted pursuant to this Section 30-106.1.

Dumping of solid waste, construction debris, or any other vegetative or non-vegetative material.

(12)

Activities Permitted in Riparian Zones in the Case of No Reasonable or Prudent Alternative or Extreme Hardship.

Hardship variances may be granted by the Planning Board in cases of a preexisting lot (existing at the time of adoption of this ordinance) when there is insufficient room outside the riparian zone for uses permitted by the underlying zoning and there is no other reasonable or prudent alternative to placement in the riparian zone, including obtaining variances from setback or other requirements that would allow conformance with the riparian zone requirements, and provided the following demonstrations are made:

That the subject property is not capable of yielding a reasonable economic return if its present use is continued or if it is developed in accordance with provisions of this Section 30-106.1 and that this inability to yield a reasonable economic return results from unique circumstances peculiar to the subject property which:

Do not apply to or affect other property in the immediate vicinity.

Relate to or arise out of the characteristics of the subject property because of the particular physical surroundings, shape or topographical conditions of the property involved, rather than the personal situations of the applicant, and are not the result of any action or inaction by the applicant or the owner or his or her predecessors in title.

The necessity of acquiring additional land to locate development outside the riparian zone shall not be considered an economic hardship unless the applicant can demonstrate that there is no adjacent land that is reasonably available or could be obtained, utilized, expanded or managed in order to fulfill the basic purpose of the proposed activity.

That the use is a compelling public need, as demonstrated by any of the following:

The proposed project will serve an essential public health or safety need.

The proposed use is required to serve an existing public health or safety need.

There is no alternative available to meet the established public health or safety need.

A variance can only be granted if it is shown that the activity is in conformance with all applicable local, State, and Federal regulations, other than Section 30-106.1 C(9) including but not limited to the Stormwater Management rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, and that the variance granted is the minimum relief necessary to relieve the hardship.

If such a variance is granted, the applicant shall rehabilitate an environmentally degraded riparian zone area within or adjacent to the same site and at least equivalent in size to the riparian zone reduction permitted or, if not possible, rehabilitate or expand a riparian zone area at least equivalent in size within a nearby site and, if available, within the same watershed. Rehabilitation shall include reforestation, stream bank stabilization and removal of debris, in accordance with a Riparian Zone Management Plan, as described in Section 30-106.1 C(13) herein.

(13)

Submission Requirements: Riparian Zone Management Plan.

Within any riparian zone, no construction, development, use, activity, or encroachment shall be permitted unless the effects of such development are accompanied by preparation, approval, and implementation of a Riparian Zone Management Plan.

The applicant shall submit to the Zoning Officer a Riparian Zone Management Plan prepared by an environmental professional, professional engineer or other qualified professional which fully evaluates the effects of any proposed uses on the riparian zone. The Riparian Zone Management Plan shall identify the existing conditions including:

Existing vegetation.

Field delineated surface water bodies.

Field delineated wetlands.

The 100-year floodplain.

Flood Hazard Areas, including floodway and flood fringe areas, as delineated by the New Jersey Department of Environmental Protection.

Soil classifications as found on Soil Surveys.

Existing subdrainage areas of site with HUC (Hydrologic Unit Code) 14 designations.

Slopes in each subdrainage area segmented into sections of slopes less than 15%, 15% but less than 20%; 20% but less than 25%, and 25% or greater.

The proposed plan shall describe all proposed uses/activities and fully evaluate the effects of all proposed uses/activities in a riparian zone and all proposed management techniques, including proposed vegetation and any other measures necessary to offset disturbances to the riparian zone. A discussion of activities proposed as well as management techniques proposed to offset disturbances and/or enhance the site to improve the riparian zone's ability to function effectively as a riparian zone shall also be included with the Riparian Zone Management Plan.

The Plan shall be reviewed and must be approved by the Planning Board, in consultation with the Environmental Commission, as part of the subdivision, land development, or building permit process.

The Riparian Zone Management Plan submission must include management provisions in narrative and/or graphic form specifying:

The manner in which the area within the riparian zone will be owned and by whom it will be managed and maintained.

The conservation and/or land management techniques and practices that will be used to conserve and protect the riparian zone, as applicable.

The professional and personnel resources that are expected to be necessary, in order to maintain and manage the riparian zone.

A revegetation plan, if applicable, that includes: three layers of vegetation, including herbaceous plants that serve as ground cover, understory shrubs, and trees that when fully mature, will form an overhead canopy. Vegetation selected must be native, noninvasive species, and consistent with the soil, slope and moisture conditions of the site as listed herein. The revegetation plan shall be prepared by a qualified environmental professional, landscape architect, or professional engineer, and shall be subject to the approval of the Planning Board, in consultation with the Environmental Commission. Dominant vegetation in the Riparian Zone Management Plan shall consist of plant species that are suited to the riparian zone environment. The Planning Board may require species suitability to be verified by qualified experts from the Soil Conservation District, Natural Resources Conservation Service, New Jersey Department of Environmental Protection, US Fish and Wildlife Service and/or State or Federal forest agencies.

A Riparian Zone Management Plan is not required where the riparian zone is not being disturbed.

Performance of the Riparian Zone Management Plan shall be guaranteed to the Borough of Millstone for a minimum of two years by a surety, such as a bond, cash or letter of credit, which shall be provided to the Borough of Millstone prior to the Borough of Millstone issuing any permits or approving any uses relating to the applicable use or activity.

(14)

Boundary Interpretation, Appeals Procedures, Inspections, Conflicts.

When a landowner or applicant disputes the boundaries of a riparian zone or the defined bank-full flow or level, the landowner or applicant shall submit evidence to the Borough Zoning Officer that describes the riparian zone, presents the landowner or applicant's proposed riparian zone delineation, and presents all justification for the proposed boundary change, including but not limited to, a verification issued under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-6, or an approval from the New Jersey Department of Environmental Protection to encroach within the Special Water Resource Protection Area (SWRPA) of a Cl water pursuant to the Stormwater Management rules at N.J.A.C. 7:8- 5.5(h)lii.

Within 45 days of a complete submission of Section 30-106.1 C(14)(a) above, the Borough Zoning Officer shall evaluate all material submitted and shall make a written determination, a copy of which shall be submitted to the landowner or applicant. Failure to act within the 45-day period shall not be interpreted to be an approval of the proposed boundary change.

(15)

Inspections.

Lands within or adjacent to an identified riparian zone shall be inspected by the Borough Engineer or Planner when:

A development application is submitted.

A building permit is requested.

A resumption of a nonconforming use is proposed.

The riparian zone may also be inspected periodically by representatives from the Borough of Millstone if excessive or potentially problematic erosion is present, other problems are discovered, or at any time when the presence of an unauthorized activity or structure is brought to the attention of municipal officials or when the downstream surface waters are indicating reduction in quality.

(16)

Fees.

A fee of $400 shall be payable to the Borough for review of the Riparian Zone Management Plan.

Tree protection.

Legislative Purpose and Findings.

The purpose of this Section 30-106.1 is to regulate the removal of trees within the Borough; to protect the Borough's current tree stock; to establish the authority for tree protection within the Borough and to provide penalties for violations of this Section 30-106.1D.

The Borough of Millstone finds that the preservation, protection and planting of trees stabilizes the soil by prevention of erosion and sedimentation; plays a role in the reduction of flooding potential; aids in the removal of pollutants from the air and assists in the generation of oxygen; acts to moderate extremes of temperature and to provide shade; aids in the control of drainage and restoration of denuded soil subsequent to construction and grading; provides buffer areas that screen against noise and pollution; provides a haven for birds and other wildlife and otherwise enhances the environment; protects and increases property values; preserves and increases seclusion and privacy; conserves and enhances the Borough's physical and aesthetic appearance; and generally protects the public health, safety and general welfare.

Tree Removal Permit Required.

No person shall remove or destroy or cause to be removed or destroyed any regulated trees on any improved or unimproved tract of land or lot within the Borough unless a permit is first obtained for such removal, subject to the approval of the Environmental Commission, unless noted below. This permit shall be valid for three years from the date of issuance. This permit is in addition to any other approvals required pursuant to Municipal Land Use Law.

No person shall remove any tree with a DBH greater than six inches measured at a height of four and one-half feet above the ground without a tree removal permit granted by the Environmental Commission, unless noted below.

No person shall remove any tree designated as a "specimen tree," pursuant to the standards set forth herein, without a tree removal permit granted by the Planning Board, subject to the recommendations of the Environmental Commission.

No person shall remove any tree designated as a "Historic tree," pursuant to the standards set forth herein, without a tree removal permit granted by the Planning Board, subject to the recommendations of the Historic Commission.

Prior to the removal of any tree of a caliper of six inches or greater DBH that is located within the riparian area as defined herein, the property owner or any other person must first obtain a tree removal permit granted by the Planning Board, subject to the recommendations by the Environmental Commission, and shall satisfy the tree mitigation requirements contained herein.

Exemptions.

The following shall be exempt from the requirements of this Section 30-106.1D.:

Trees located on the business-related portions of the properties of commercial nurseries.

Pruning within the right-of-way by utility companies for maintenance of utility wires or pipelines. The utility company shall notify the Borough Administrator at least two weeks prior to the commencement of such work.

Trees that are chosen to be removed by the Millstone Borough Council, or Planning Board or that are on or over a public right-of-way.

Parklands or other public lands owned by the Borough of Millstone, Somerset County, of the State of New Jersey.

Any projects that have received building permits or Planning Board approvals prior to the enactment of this Section 30-106.1.

Tree damage caused by weather emergencies such as hurricanes, fire, windstorm, ice storm, flood, freezing temperatures or other disaster.

Dead or diseased trees that are a hazard to persons or property.

Permits by Right.

No permit shall be denied under this Section 30-106.1D for any of the following activities:

Removal of up to two regulated trees on any one lot in any one calendar year, provided that:

The trees to be removed are not located on any portion of the lot having a slope greater than 15%.

The trees to be removed are not located in a wetland, a wetland transition area, or a stream buffer as defined by the NJDEP.

The trees are not specimen trees.

Tree Replacement Plan.

For each regulated tree removed in violation of this Section 30-106.1D., it shall be necessary to replace the tree with a newly planted tree(s) in accordance with the following standards:

Size of Tree Removed	Number of Trees to Be Planted
6" — 12" DBH	One 2" caliper tree
12" — 18" DBH	Two 2" caliper trees
18" — 30" DBH	Three 2" caliper trees
30" > DBH	Four 2" caliper trees

Any proposed replacement tree species shall be selected from the list of approved trees below or approved equals:

River Birch (Betula nigra)

Sweet Birch (Betula lenta)

*Blackgum (Nyssa Sylvatica)

Shadblow Service Berry (Amelanchier canadensis)

American Beech (Fagus sylvatica)

Flowering Dogwood (Corpus florida)

Eastern Larch (Larix laricina)

Sweetbay Magnolia (Magnolia virginiana)

Redbud (Cercis canadensis)

Sour Cherry (Prunus cerasus)

Pin Cherry (Prunus pensylvanica)

Sassafras (Sassafreas albidum)

Elm (Ulmus americana - Disease resistant species)

Black Cherry (Prunus serotina)

Sycamore (Platanus occidentalis)

American Holly (Ilex opaca)

White Pine (Pinus strobus)

*Oak (Quercus species)

Linden (Tilia species - Native only)

CVDA 20/21 printed 3/6/14

Maple (Acer species - Except for Norway Maple, Acer platanoides and other non-natives)

Sweetgum (Liquidambar styracifiun)

Fruit Trees, such as edible apple, pear, apricot, or cherry

NOTES:

(*) Spring planting only

Tree replacement materials shall be provided in accordance with the standards set forth in ANSI 260.1, American Standard fur Nursery Stock.

All replacement trees shall be maintained in healthy condition for no less than two years from the date of planting.

When the site in question cannot physically accommodate the total amount of replacement trees required by this paragraph D., the replacement may be accomplished by a contribution of the monetary value of non-replaced trees to a Millstone Borough Tree Escrow Fund. The amount shall be $250 per tree. Prior payment of this fee shall be a condition of the issuance of the tree removal permit.

Prior to the issuance of a tree removal permit the applicant shall pay an escrow fee equivalent to $250 per required replacement tree, which shall be returned upon a satisfactory inspection that the replacement tree(s) has been satisfactorily installed.

Tree protection.

Whenever an application for tree removal is granted under the terms and conditions of this paragraph D., the following protective measures shall be observed:

No material or temporary soil deposits shall be placed within the drip line of any existing tree to be preserved.

Except while engaged in tree removal, no equipment shall be operated within six feet of any tree protected by this paragraph D., nor shall such equipment be operated at any time in such a manner as to break, tear, bruise, decorticate or otherwise injure any living or dormant tree. While engaged in tree removal, all remaining trees on the site that might be impacted by any tree work or any construction shall be protected with tree protection fencing that has been approved by the Borough Engineer or Borough Planner.

Time Frame Requirement for Replacement Trees.

Planting of replacement trees shall be required within one year from the date of tree removal. In the event that any replacement tree shall die or be in serious decline within one year after planting, the applicant or property owner shall replace it within one year.

Replacement shall not be a substitute for, but shall be in addition to, any penalty imposed for violation of the provisions of this Section 30-106.1D.

Fees.

A fee of $15 shall be payable to the Borough for a Tree Removal Permit. It is non-refundable if the permit is denied.

Appendix-riparian overlay zone maps. Riparian Overlay Maps, Figures 1 and 2, for the Borough of Millstone are hereby established as an Appendix to this Section 30-106.1. These Maps shall be on file and maintained by the office of the Clerk of the Borough of Millstone. Note: It shall be the responsibility of the applicant to verify all riparian zones on his/her survey and application.

§ 30-107 RESIDENTIAL 1 DISTRICT, R-1.

Principal permitted use. Within this district, no building or structure or land shall be used and no building or structure shall be erected to be in whole or in part for any industrial, manufacturing, or commercial purpose, or for any other than the following specified purposes or as permitted under Section 30-106:

One family dwellings.

Municipal buildings and facilities and other essential services as defined in this Ordinance.

Public parks and playgrounds.

Accessory uses.

Parking and private garages for the residential unit in accordance with Section 30-115.1.

Signage in accordance with the requirements of Section 30-114.

Private swimming pools.

Fences subject to the provisions of Section 30-115.3.

Other customary accessory uses and buildings which are clearly incidental to the principal use and building.

Essential services.

Conditional uses.

(Amended 11-20-2006 by Ord. No. 2006-006)

Home occupations.

Prohibited uses. In the Residential 1 Zone, any use not listed in Section 30-107A through 30-107C is prohibited. In the Residential 1 Zone, no building structures or premises shall be used in whole or in part for any of the following:

Trailer dwellings.

Storage, except in enclosed building.

Dumping, except on municipal order.

The storage of more than one commercial vehicle on residential premises, except this shall not apply to farm vehicles on the farm where they are used. For purposes of this section, a commercial vehicle is one commercially registered and having a weight of two tons or more.

Junk or storage yards, or automobile wrecking yard.

Outside stairways from floor to floor, except fireproof fire escapes.

Basement dwelling, unless more than 50% above ground.

Any building or use detrimental to a neighborhood because of odor, smoke, noise, dust or fire hazard.

Auction or markets.

All other uses not specifically permitted are specifically prohibited.

Frontage and area of lots and buildings. No lot or plot shall have a street frontage of less than 140 feet in width nor an area of less than one acre. No building shall occupy an area greater than 20% of the area of the lot upon which it is built.

Height. No building shall be erected to a height in excess of 35 feet.

Front yard. A front yard is required which shall be a minimum of 45 feet measured from the front street line to the building proper not including open porches. In no case shall an open porch be less than 35 feet from the front street line.

Rear yard. There shall be a rear yard of not less than 20% of the depth of the lot at ground level, but provided that no rear yard need exceed 35 feet, but also provided that no dwelling may be constructed nearer than 20 feet to the property line.

Side yards. No building including accessory buildings and swimming pools shall be constructed closer to the side property lines than 20 feet.

Accessory buildings. Any accessory building, freestanding garage, or swimming pool shall not be nearer to the rear lot line than 10 feet. No freestanding garage or swimming pool shall be nearer to a lot line than 10 feet.

§ 30-108 RESIDENTIAL 2 DISTRICT, R-2.

Principal permitted uses. The Residential 2 Zone is intended primarily for private residential and agricultural uses, and no building or structure shall be erected, constructed, or altered therein, and no land or premises shall be used except for the following uses or as permitted under Section 30-106:

One family dwelling.

Farm buildings, including a temporary or portable farmer's sale stand for products grown on the premises, provided provisions are made for off street parking.

Municipal buildings and facilities and other essential services.

Public parks and playgrounds.

Accessory uses. Permitted accessory uses shall be those permitted in the R-1 District.

Conditional uses. Permitted conditional uses shall be those permitted in the R-1 District except that wireless communication facilities shall also be permitted. (Amended 7-3-2002 by Ord. No. 2002-183)

Prohibited uses. Prohibited uses shall be those prohibited in the R-1 District.

Frontage and area of lots. No lot or plot shall have a street frontage of less than 225 feet nor an area of less than two acres except as provided in Section 30-108K, Density Zoning. No building shall occupy an area of 10% of the area of the lot upon which it is built.

Height. No building shall be erected to a height in excess of 35 feet.

Rear yard. There shall be a rear yard of not less than 20% of the depth of the lot at ground level, but provided that no rear yard need exceed 50 feet, but also provided that no dwelling may be constructed nearer than 30 feet to the property line.

Side yards. No building, including accessory buildings or swimming pool, shall be constructed closer to the side property line than 30 feet.

Accessory buildings. Any accessory building, garage or swimming pool, shall not be located nearer to the rear lot line than 20 feet.

Density zoning.

In the Residential 2 Zone new housing developments classified and approved as major subdivisions and other subdivisions where considered appropriate by the Planning Board, and where the subject tract of land is at least 10 acres, the minimum lot area may be reduced to one acre, and the minimum frontage reduced to 140 feet providing that a density of one family for each two acres of subdivision exclusive of streets be adhered to.

Maximum Number of Lots. The maximum number of clustered lots to be permitted in a subdivision application submitted under this section shall be determined by the approval by the Planning Board of a sketch layout of the subdivision if developed in a conventional manner. Such sketch plat shall show proposed roads and existing topographic contours at 10 foot intervals as well as environmental information which is typically provided during the preliminary plat approval, such as wetland information, steep slopes and floodplains. The number of lots contained in the approved sketch layouts shall be conclusive as to the total number of lots allowed under the density zoning/cluster development option.

All lands within the subdivision other than streets and plotted lots shall be maintained as common open space, that is, open space within or related to the development and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development, subject to applicable Borough regulations. The developer of any cluster subdivision shall provide for an organization for the ownership and maintenance of any open space for the benefit of the owners or residents of the development in accordance with the requirements of the Municipal Land Use Law (C.40:55D-43). Such open space may be dedicated to the Borough subject to acceptance by the Borough under the condition that the open land area so deeded be permanently designated for open space recreation, and conservation use as determined by the Borough Council. Natural features, such as trees and brooks, shall be preserved wherever possible and incorporated into the common open space.

Before deeding the land to the Borough, any excavation or disturbance, of terrain within the open land area shall be corrected to be as near as possible to the condition existing before the excavation or disturbance, landscaped and seeded by the developer holding title to the land at the time of development. Plans for such improvement shall be submitted with the final plat. Release of any and all performance bonds pertaining to said development shall be contingent upon the landscaping of the open land area as approved by the Borough Engineer and any and all other conditions within this Ordinance referred to in the caption hereof.

Where common open space land resulting from the density zoning/cluster option is offered to the Borough and is accepted by the Borough, the Borough shall assume responsibility for upkeep of the open land and shall maintain its physical appearance. Otherwise, this shall be the responsibility of the homeowners association or other designated body.

The open land area to be deeded for public purposes shall be at a location designated by the Planning Board.

Except as modified herein, the provisions of Residential 1 District, Section 30-107B through 30-107F inclusive apply to Section 30-108K, Density Zoning, in the Residential 2 District.

If the privilege of Density Zoning is not employed, all provisions pertaining to the Residential 2 Zone shall apply.

§ 30-109.1 RESIDENTIAL DISTRICT R-20.

Principal permitted uses. The Residential-20 Zone is intended primarily for private residential uses, and no building or structure shall be erected, constructed, or altered therein, and no land or premises shall be used except for the following uses:

Permitted principal uses shall be those permitted in the R-1 District.

Accessory uses. Permitted accessory uses shall be those permitted in the R-1 District.

Conditional uses. Permitted conditional uses shall be those permitted in the R-1 District.

Prohibited uses. Prohibited uses shall be those prohibited in the R-1 District.

Bulk requirements. Bulk requirements for the R-20 District shall be:*

	With Public Water	Without Public Water
Min. Lot Area	20,000 square feet	1 acre
Min. Lot Frontage	90 feet	140 feet
Min. Front Yard	30 feet	45 feet
Min. Rear Yard	35 feet	35 feet
Min. Side Yard**	20 feet	20 feet

Notes:

*Lots in this zone under 20,000 square feet in existence at the time of adoption of this Ordinance shall be considered conforming with regard to size however, no amendment may be made to these lots which would further reduce lot size or decrease setbacks unless in conformance with the standards above for 20,000 square foot lots.

**For lots of 20,000 square feet, the minimum side yard may be reduced to 15 feet provided the combined total side yards equals a minimum of 40 feet.

Height. No building shall be erected to a height in excess of 35 feet.

Accessory buildings. Any accessory building or garage shall not be located nearer to the lot line than five feet and no swimming pool shall be located nearer to any lot line than 10 feet. For lots over 20,000 square feet a minimum setback of 10 feet shall be maintained for all accessory uses.

§ 30-109.2 RESIDENTIAL DISTRICT R-8.

Principal permitted uses. The Residential R-8 Zone is intended primarily for private residential uses, and no building or structure shall be erected, constructed, or altered therein, and no land or premises shall be used except for the following uses:

Permitted principal uses shall be those permitted in the R-1 District.

Accessory uses. Permitted accessory uses shall be those permitted in the R-1 District.

Conditional uses. Permitted conditional uses shall be those permitted in the R-1 District.

Prohibited uses. Prohibited uses shall be those prohibited in the R-1 District.

Bulk requirements. Bulk requirements for the R-8 District shall be:*

	With Public Water	Without Public Water
Min. Lot Area	20,000 square feet	1 acre
Min. Lot Frontage	50 feet	140 feet
Min. Front Yard**	15 feet	45 feet
Min. Rear Yard	25 feet	35 feet
Min. Side Yard	10 feet	20 feet

Notes:

*Lots in this zone of at least 8,500 square feet in existence at the time of adoption of this Ordinance shall be considered conforming with regard to size, however, no amendment may be made to these lots which would further reduce lot size or decrease setbacks unless in conformance with the standards above for 20,000 square foot lots.

**In instances where existing buildings on the same side of the street within 200 feet form an established setback line, the front yard setback may be reduced to meet that line, provided no new building may project closer than 10 feet to the front property line, except that lots fronting on Amwell Road shall maintain a front yard setback of not less than 15 feet. The location of the principal structure shall be compatible with the established character of the surrounding area.

Height. No building shall be erected to a height in excess of 35 feet.

Accessory buildings. Any accessory building or garage shall not be located nearer to the lot line than five feet and no swimming pool shall be located nearer to any lot line than 10 feet.

Architectural design considerations. New development and redevelopment within the R-8 Zone shall be designed to be compatible with the historic and design character of the area in keeping with architectural design guidelines provided in the Master Plan and in accordance with the findings of the Millstone Borough Historic District Commission.

§ 30-110 RURAL AGRICULTURAL DISTRICT RA.

Permitted uses. Within this district the following uses shall be permitted:

One family dwellings.

Farming in any of its forms and the uses customarily incident thereto except as specified in paragraph C below.

The processing and or sale of farm products at least 51% of which are produced on the premises.

The raising or keeping of farm animals such as horses, cows and sheep; provided the plot or lot shall contain an area of not less than five acres. This section shall not preclude the raising or keeping of one riding horse for each one and one-half acres of land area subject to all applicable standards, restrictions and requirements of the Millstone Borough Board of Health.

All other principal permitted uses permitted in the R-1 District.

Accessory uses. On the same lot with and customarily incident to any of the above permitted uses the following uses shall be allowed:

All accessory uses permitted in the R-1 District.

Animal shelters for domestic animals.

Farm storage buildings including barns and stables, provided the plot or lot contains an area of not less than five acres.

Sign advertising sale of farm products as specified in paragraph A(2) and in conformance with Section 30-114 of the Zoning Ordinance.

Conditional uses.

Wireless communication facilities.

[Added 7-3-2002 by Ord. No. 2002-183]

Prohibited uses. Within this district the following uses shall be prohibited.

Fairgrounds, carnivals, circuses and bazaars, whether temporary or permanent.

Housing facilities for transient or migratory farm workers.

The keeping or raising of swine shall not be the principal agricultural activity and shall not be allowed except as part of a general farming operation on a property if not less than 20 acres and provided further that if more than 12 head are raised there shall be additional space provided in the ratio of one acre for each additional animal. No building, fenced run or other enclosure for the shelter of swine shall be closer to any front, side or rear property line or zone boundary than 300 feet.

A building used for the shelter of more than 50 head of fowl of all kinds or of more than two head of other farm livestock shall not be closer than 150 feet to any zone boundary line or to any residential dwelling on an adjacent premises.

Commercial slaughtering of animals or fowl.

Auction or open air market.

Feed lots except as otherwise provided in this Ordinance.

Facilities for the maintenance of laboratory animals.

All uses prohibited in the R-1 District.

Area and yard requirements.

Minimum Lot Area - 5 acres.

Minimum Frontage - 225 feet.

Minimum Side Yard - 30 feet.

Minimum Front Yard - 50 feet.

Minimum Rear Yard - 50 feet.

Maximum Building Height - 35 feet.

Accessory structures shall conform to the requirements for accessory uses in the R-1 District.

Density zoning.

In the RA Zone new housing developments classified and approved as major subdivisions and other subdivisions where considered appropriate by the Panning Board, and where the subject tract of land is at least 10 acres, the minimum lot area may be reduced to two acres, and the minimum frontage reduced to 150 feet providing that a density of one family for each five acres of subdivision exclusive of streets be adhered to. All other bulk requirements of the RA Zone shall apply.

Before deeding the land to the Borough, any excavation or disturbance of terrain within the open land area shall be corrected to be as near as possible to the condition existing before the excavation or disturbance, landscaped and seeded by the developer holding title to the land at the time of development. Plans for such improvement shall be submitted with the final plat. Release of any and all performance bonds pertaining to said development shall be contingent upon the landscaping of the open land area as approved by the Borough Engineer and any and all other conditions within this Ordinance referred to in the caption hereof.

The open land area to be deeded for public purposes shall be at a location designated by the Planning Board.

If the privilege of Density Zoning as herein described in this Section is not employed, all other provisions pertaining to the Residential RA Zone shall apply.

§ 30-111 TRADITIONAL VILLAGE COMMERCIAL (TVC).

[Amended 12-18-2006 by Ord. No. 2006-007]

Developments. Individual commercial and planned development shall be allowed as provided for herein, subject to a demonstration by the applicant that the following provisions have been met to the satisfaction of the Planning Board.

Purpose. The purpose and intent of this district is:

To provide for a Traditional Village Commercial with diversity of uses, and block sizes, and with second story dwelling apartments and green spaces in a compact arrangement that promotes walkability.

To encourage new development, which emulates the character found places within the Historic District of the downtown and maintain the character of the historic village center.

To promote a streetscape quality to traditional village commercial development that furthers the identity of the Borough of Millstone as a charming habitat and worthy destination within the historic Millstone Valley area.

To encourage a combination of business and apartment uses within the central area of the Borough, which enables jobs and employment opportunities close to home.

To provide for affordable housing on site.

Key design elements.

Unlike conventional suburban development patterns (with separated land uses, deep setbacks, no on-street parking, no mixed-use development, and no sidewalks), traditional village commercial development shall promote a more compact, integrated and sustainable development pattern and shall have the following key design elements, as applicable:

Mix of uses — combines commercial retail, offices, residential apartments, civic, and open space uses in a diversified but seamless arrangement; also combines first floor retail with second floor dwellings and/or offices; encourages live-work units.

Provides for the continuity of retail establishments with entrances in close proximity to each other and facing the primary street.

Network system of interconnecting streets — organizes a block and pattern of lots; integrates parking lots between separate uses; links with nearby Traditional Neighborhood Development streets; links to pedestrian and other transportation systems; streets and street walls create outdoor rooms.

On-street/parallel parking — provides a separator between vehicular and pedestrian traffic; utilizes cartway as an aisle (with overflow parking to the rear or side of buildings); promotes effective traffic calming by slowing down the speed of vehicles, especially along major County highways.

Shallow setbacks — helps to create an outdoor room sense of space, with two to two and one-half story buildings, typically from 90 to 95 feet across from one another on both sides of the street; promotes a human scale relationship for the pedestrian as part of the public realm; buildings placed at a build-to line create a street wall.

Front porch/portico/colonnade — serves as transition element from the private realm of the building to public realm of the sidewalk and street; provides shade; promotes a finer, more ornamental texture of the building; creates a cozy space to sit, read, relax; provides outdoor room to greet and socialize with neighbors.

Sidewalks/crosswalks/pedestrian paths/walkways — serves to link uses, buildings and lots together; accommodates a healthy pedestrian circulation network; provides close to home opportunities for exercise; enhances wayfinding and an appreciation of the neighborhood/place.

Shade trees — provide (as street trees) the canopy/overhead plane to help create an outdoor room; and as shade trees, provide an old shade character.

Other vertical infrastructure — includes fences, hedges, walls, street lamps, benches, or like features.

Linkage to the future Heritage Park — includes a pedestrian linkage between the commercial development located north of County Route 514 and the Heritage Park in a manner that is acceptable to the Planning Board.

Use and building regulations.

Buildings shall have a size, height, scale and proportions that complement development on adjacent properties.

Regardless whether fee-simple lots or some form of common ownership is to be used, when traditional village commercial developments are first created, the proposed lots shall be laid out and designated as either nonresidential (which may include live-work units) or green space. All lots shall be laid out so that the dimensional, coverage and all other requirements specified in this subsection shall be satisfied. However, the actual lot lines do not need to be legally established. Any future development on an individual lot, regardless whether or not it has been legally established, shall conform to this initial use designation for that particular lot.

The following uses shall be permitted by right.

Adaptive reuse of existing buildings for uses permitted herein.

Conversions of existing buildings for uses permitted herein.

Institutional uses such as municipal building, library, museum, and private club.

Small commercial buildings, where the average first floor size of multiple buildings shall be no greater than 2,800 square feet in area and the maximum first floor size shall be no greater than 4,000 square feet, and shall further be limited to the following uses on the first floor: Retail sales and service establishments but not limited to gift shops, antiques, books, news stands, food markets, farm or nursery sales, bakeries, clothing stores, coffee shops, bars or taverns or restaurants, or banking institutions with no drive-through windows, realtors, travel agents, attended laundry services, crafts and other similar uses, personal service facilities, such as barbershops, beauty salons, laundry collection, spas, health clubs, shoe repair, cleaning and garment services, and other similar uses.

One building for one drugstore provided that the first floor area is no larger than 11,000 square feet, that the use is limited to the first floor, that there are no drive-through windows on the front or the side of the building, and that there are no more than one of these uses within the Traditional Village Commercial District (TVC). In order to match the character of the Historic District, the building shall have multiple rooflines to relieve the perceived scale of the structure.

One building for one inn that incorporates a restaurant and banquet facility with a maximum of one overnight guest room for each 1,000 square feet of first floor area, provided such guest rooms are not for boarders, the first floor area is no larger than 10,000 square feet, that the minimum lot area is one and one-half acres, there are no drive through windows, and that there are no more than one of these uses within the TVC.

Offices, when limited to the second floor, and limited to the following uses: Investments, architects, engineers, lawyers, accountants, realtors, travel agents, doctor or dentist office, and other similar uses.

One automotive service station for the sale of oil and gasoline, automotive accessories, mechanical service and tires, but not the sales of mechanical car wash, body work, mini mart, or the storage of vehicles, provided that the minimum site area is 30,000 square feet, that there are no greater than eight individual fuel loading stations, and that there are no more than one of these uses within the TVC.

Apartments, when limited to the second floor above retail use, except a gas station.

Affordable housing.

The following uses shall be permitted as accessory uses:

Public and private parking in accordance with Section 30-115.1, to the extent the standards set forth herein are not applicable.

Signs in accordance with Section 30-114 to the extent the standards set forth herein are not applicable.

Fences and walls in accordance with Section 30-115.3.

The following use is permitted by conditional use in accordance with Section 30-115.2:

House of worship.

Use composition, dwelling unit composition and density/ intensity.

Use Composition.

Nonresidential development shall comprise 100% of the total first floor area of the permitted buildings within the TVC area and may comprise up to 25% of the second floor area of the TVC area, when there is more than one building on the premises, otherwise nonresidential development may take up to 100% of the second floor area, exclusive of the area of perimeter street rights-of-way.

Dwelling Unit Composition.

Except for gas station and inn uses, there may be up to one second floor apartment for each 1,000 square feet of first floor retail space in accordance with the following minimum special requirements:

Efficiency apartment: Minimum of 600 square feet.

One bedroom apartment: Minimum of 900 square feet.

Two bedroom apartment: Minimum of 1,100 square feet.

Three bedroom apartment: Minimum of 1,300 square feet.

Density/Intensity.

Except for the gas station use, which may be one story in height, to reduce the amount of building coverage, nonresidential buildings shall be two or two and one-half stories in height to maximize green space.

Maximum building coverage: 20%.

The maximum allowable impervious surfaces: 70%.

Detail design standards.

Green Space Requirements.

A landscaped green space of at least five feet in width shall be designated and maintained along any property line, which directly abuts public lands. Such green space shall be landscaped in accordance with a landscape plan that will provide a full dense all weather screen with a height of 10 feet within 10 years.

Within the traditional village commercial development area, a variety of green spaces shall be designed to complement the nonresidential development. A minimum of 10% of the total site area shall be designated, landscaped and maintained as green space.

Streets, Alleys and Access Ways.

Streets, alleys and access ways shall form an interconnected vehicular circulation network to the maximum extent practicable.

County Route 514 shall be widened to be sufficient in width to provide for two on-street parking aisles plus three travel lanes for a total cartway width of 55 feet, unless authorized otherwise by Somerset County.

Provisions shall be made for traffic calming along County Route 514; including, but not limited to bumpouts, pedestrian walkways, and median islands, unless authorized otherwise by Somerset County.

All parking areas shall be placed at the rear or side of the buildings and shall have cross easements to adjoining properties to provide for linked parking lots.

Sidewalks and Pathways.

Sidewalks of at least five feet six inches in width shall be constructed and maintained along all streets. Internal sidewalks shall be a minimum of four feet in width.

All sidewalks abutting County Route 514 shall be brick to match the existing sidewalks within the Borough on Main Street.

Street Trees and Other Landscaping.

Street trees shall be planted on the equivalent of one tree per 35 feet, per each side of the road. Landscaping and plantings shall comply with the Borough's landscaping design standards. All street trees shall be planted within the right-of-way or within a five foot street tree landscape easement located adjacent the edge of the right-of-way.

Other landscaping in the form of perimeter buffers, screens, foundation plantings, fencing, walls are essential to a traditional village commercial development area and shall be subject to plan approval by the Planning Board.

Nonresidential parking areas shall be buffered from the street by landscaping and/or compatible fencing or walls.

For any building renovation or new construction, ornamental street post lights shall be placed at a minimum spacing of 80 feet along all sidewalks and shall match the approved street lighting.

Building Design.

The buildings in the Traditional Village Commercial District shall be subject to review by the Historic District Commission and the Borough Planning Board.

All buildings, whether fronting onto a dedicated street or internal non-dedicated street, must be placed to encourage continuous uninterrupted pedestrian pathways and link large and attractive shop windows and access points. Blank walls shall not be permitted to front onto dedicated or non-dedicated street frontages.

Building Frontages: All building facades fronting along a street shall have window and door openings facing the street. For all building facades facing a parking area, or the rear of the building, secondary windows and doors facing the parking or rear service area are encouraged. At a minimum, there shall be some kind of articulation to emulate the scale of windows and doors on these facades.

Building Forms: Where an existing building is to be reused and its design is nonconforming, every effort shall be made to change the detail of the roofline to eliminate an existing flat roofline, and enhance the canopy, and window and door treatment to break up the expansive length of the building.

Windowless Walls: Windowless walls seen from the right-of-way, or vehicular or pedestrian circulation areas, are prohibited, unless the construction of the blank wall is necessitated by local building codes, in which case the wall details must match the details in the masonry courses, color, cornice, etc. to match the general character of other sides of the building.

Except for porch roofs, all gable roofs shall have a minimum pitch of 9/12 (vertical/horizontal), and all hipped roofs shall have a minimum pitch of 6/12.

Roofing materials shall vary on buildings to feature porches, cupolas, or bay windows.

Flat roofs shall be prohibited.

Awnings, Canopy or Porches: Permanent porches, canopy, arcade or awnings that can be cranked out to protect pedestrians along the fronting sidewalk are encouraged. Awnings intended primarily as signs are prohibited.

Building Materials: Roofing may be fiberglass architectural shingles that represent slates or wood, artificial slate or shakes, wood shakes, or metal. Siding may be a combination of brick, architectural or real stone, stucco, and concrete or wood siding. EIFS (exterior insulation finishing systems, such as Dryvit) and aluminum and vinyl siding and shutters are prohibited. Windows shall have detailed mullions and shutters with hardware, where appropriate.

Parking and Parking Lots.

Parking shall be located on street to the maximum extent possible to provide the streetscape appearance that is traditional in the Borough and to serve as an insulator between moving vehicles and pedestrians walking along the adjoining sidewalks. On-street parking, when located in front of the parcel, shall be used in calculating the minimum required parking.

Parking lots shall be located to the rear or sides of buildings.

Parking lots and/or garages shall not be the dominant aspect of the building design and/or the streetscape as viewed from the street.

The following parking requirements shall apply:

Retail uses 1 space per 200 sq. ft.

Office uses 1 space per 300 sq. ft.

Medical office uses 1 space per 150 sq. ft.

Restaurant, Bar 1 space per 4 seats

Inn room .5 spaces per room

Apartment .5 spaces per apartment

All nonresidential parking areas shall be visually screened from existing and proposed streets by hedges, buffer plantings or similar elements. When adjacent public lands, there shall be a continuous solid fence that is a minimum of five feet high.

Off-Street Loading Areas, Outdoor Storage and Trash Disposal Areas.

All loading areas and loading docks shall be located to the sides and rear of all buildings. Loading docks shall not be visible from public streets; however, loading areas may be designated on street. There shall be one loading space per each 40,000 square feet of commercial space. It shall be demonstrated that loading vehicles can access a loading area without impacting upon any parking area. Loading areas shall be screened with a combination of fencing and evergreen landscaping to screen the loading areas from parking areas, the road, or access into apartments or retail establishments.

Outdoor storage or display of materials shall not be permitted.

Trash disposal areas shall be located within buildings or within an opaque screened area that completely hides the trash and is located to the side or rear of the building. All outdoor trash disposal areas shall be set back at least 25 feet from residential property lines.

Signs.

Signs must accomplish all of the following:

They must be clearly visible to the pedestrian shopper;

They must be sufficiently legible to the passing motorist; and

They must create as a group a vibrant and varied character that compliments and enhances the varied buildings and unifies the streetscape within the village.

Signs shall be designed to maintain an overall theme for the Millstone TVC area so that there is continuity within the district.

All signs shall be externally lit.

No sign shall be placed within a sight triangle area.

The following sign standards apply to all uses within the TVC district.

No use shall have more than two signs per street frontage and no more than one sign facing the parking area when located in the side or rear of the building; except for a service station, if it is located on a street corner, then there shall be no greater than two signs per each facade facing a street plus one sign per each façade not facing a street.

The following signs are permitted:

One projecting sign, provided they project no greater than four feet from the building façade; the bottom of the sign is at least eight feet above the sidewalk; and that the sign is no greater than six square feet, except that for a building greater than 10,000 square feet the area of the projecting sign shall be no greater than 12 square feet.

One sign painted on shop windows, provided it does not take up more than 40% of the window area;

One sign on an awning provided that it is prohibited on the angled portion of the canopy and located on the vertical face of the awning flap. Numbers and letters shall be no taller than six inches; Plastic, backlit awning signs are prohibited.

One wall sign, provided that the sign is placed in a manner that does not hide the architecture of the building and the area of the sign is no larger than six square feet, except that for a building greater than 10,000 square feet the area of the wall sign shall be no greater than 25 square feet.

[e]

One freestanding sign for a service station use only, provided that the sign shall not exceed a height of six feet, as measured from the ground, and the area of the sign shall be no greater than nine square feet in area per each side.

[f]

One changeable copy sign posting the price of gasoline for a service station use provided that the area of the sign shall be no greater than 12 square feet per each side and the height shall be no higher than six feet as measured from the ground.

[g]

There shall be no signs on the canopy or marquee located over the pumps of a service station. In addition, such canopy or marquee shall not have any backlit area. All lighting shall be directed down onto the pump dispensing area.

[h]

Directory Signs: Pedestrian oriented directory signs may be permitted throughout the TVC district when located along a walking path or adjacent a parking area. Any such directory sign shall include a map of the TCV, shall identify all of the uses within the TVC, and may include space to advertise civic or special events. The total area of the directory sign shall be no greater than eight square feet and the maximum height shall be six feet. A decorative canopy over the projecting sign is encouraged.

[i]

Directional signs shall not be permitted when they can be visible from the Heritage Park or public open space.

All signs shall be subject to review by the Historic District Commission and the Borough Planning Board only as part of the overall site plan review process.

Dimensional requirements.

Front Setback for Principal Buildings.

Front yard: 10 feet minimum; 15 feet maximum.

Awnings and porches may encroach into the front yard, but may not extend any closer than four feet from the right-of-way.

Side Yards for Principal Buildings.

Seven and one-half feet minimum;

There shall be a minimum spacing of 15 feet between buildings.

Rear Yards for Principal Buildings.

Fifteen feet minimum yard setback for the principal building.

Minimum Lot Size. Minimum lot size shall be based upon the first floor area of the principal building, unless otherwise stated herein:

For buildings less than 4,001 sq. ft.: 6,000 sq. ft.

For buildings greater than 4,001 sq. ft. and less than 8,001 sq. ft.: 10,000 sq. ft.

For buildings greater than 8,001 sq. ft. and less than 10,001 sq. ft.: 1.5 acres.

Minimum Lot Width.

Minimum lot width at the minimum building setback line: 75 feet. In the case where individual lots are not created, such as condominium development, an equivalent lot area and lot width shall be created.

Maximum building height.

Thirty-five feet or two and one-half stories, whichever is less.

Hours of operation. All business establishments within the Traditional Village Commercial district may operate within the hours of 6:00 a.m. and 10:00 p.m. except where the business establishment is attached to or part of a residential unit, in which case the hours of operation are limited to the time period between 7:00 a.m. and 10:00 a.m. However, any business establishment within the district may operate for hours longer than the hours provided herein for up to four days in a calendar year, which may be consecutive or non-consecutive, by notifying the Borough Clerk at least 48 hours prior to the extended hours of operation. The sale of alcoholic beverages at retail shall be exempt from the hour limitations contained herein.

Other requirements.

All public utility lines and similar facilities servicing the proposed development and its area shall be installed underground.

All utilities shall be placed where they will not interfere with the placement of street trees or landscaping on the individual lots.

If the development is to be carried out in phases, each phase shall be so planned that the intent of the Development Ordinance shall be fully complied with at the completion of any phase. Any phased development shall be fully described and defined on the site and subdivision plans.

All streets, whether public or private, shall have a right-of-way.

Drive-through windows to service any use shall be prohibited on the front or sides of buildings within this district.

Storm water management systems may be located in the vicinity of the County detention basin located on the south side of County Route 514 or underground on site.

§ 30-112 (RESERVED)

(Amended 10-15-2007 by Ord. No. 2007-007 to delete the Light Industrial District LI-10 and establish the Mixed Use Mandatory Cluster; amended 8-17-2015 by Ord. No. 2015-004 to delete the Mixed Use Mandatory Cluster)

§ 30-112.1 INSTITUTIONAL DISTRICT.

[Added 11-20-2016 by Ord. No. 2006-006]

The purpose of the Institutional District is to provide a district and standards for government, institutional and religious uses, which may have a broad diversity of incidental and accessory uses.

Principal permitted uses. A building may be erected or used, and a lot may be used or occupied, for any of the following purposes and no other, except as hereinafter set forth subject to all pertinent area and special requirements of this district.

Municipal building.

Municipal maintenance facility.

Library.

Museum.

House of worship with the following accessory use:

Daycare center.

Day care center.

Group homes in single-family and two-family structures.

Accessory uses.

Parking in accordance with Section 30-115.A.

Signs in accordance with Section 30-114.

Fences and walls in accordance with Section 30-115.0.

Other uses and structures customarily incidental to a principal permitted use.

Conditional uses.

None.

Prohibited uses. All uses not specifically permitted are prohibited.

Area and yard requirements.

Area and Frontage: Minimum lot area of three acres with a minimum street frontage of 225 feet.

Maximum Lot Coverage: Not more than 50% of any lot may be occupied by impervious coverage including all buildings, parking and accessways.

Building Placement: The front yard setback shall be a minimum of 30 feet, the side yard setback a minimum of 50 feet and the rear yard setback a minimum of 50 feet.

Maximum Building Height: The maximum building height shall not exceed 35 feet.

Special Requirements.

Whenever a property line of a lot within the Institutional District abuts a residential district, there shall be a minimum buffer of 50 feet in width. The width of this required buffer yard shall be measured from the boundary line or from the street line where the street constitutes a boundary. Within said buffer area, no use, activity, or sign shall be established.

The 30 feet of such yard space nearest the district boundary line shall be used as a buffer planting strip on which a solid continuous landscape screen shall be maintained. Said landscaping shall consist of massed evergreen trees and shrubs that will produce a complete screen of 10 feet in height within two years. Where a street constitutes a boundary, a screen effect will not be necessary.

The entire buffer strip shall be attractively maintained and kept clean of all debris and rubbish.

In the event that the plants within the planting strip do not live, they must be replaced within one year.

A certificate of occupancy shall not be granted until such time as the required landscaping has been installed in accordance with this provision or, in the event that the season is not appropriate, until a performance bond is posted in an amount equal to the estimated cost of the required landscaping installation.

Architectural Design Considerations.

All new development and redevelopment within the Historic District shall be designed in accordance with the Community Design Guidelines within the Master Plan, the guidelines of the National Park Service, and the findings of the Millstone Borough Historic District Commission.

§ 30-112.2 PARK DISTRICT.

[Added 11-20-2006 by Ord. No. 2006-006]

The purpose of the Park District is to provide standards for both passive and active recreational uses, open space, and conservation areas.

Open space.

Passive recreation.

Active recreation.

Conservation.

Accessory uses.

Public parking in accordance with Section 30-115.1.

Signs in accordance with Section 30-114.

Fences and walls in accordance with Section 30-115.3.

Other uses and structures customarily incidental to a principal permitted use, such as restrooms, pavilions, and pedestrian bridges.

Conditional uses.

None.

Prohibited uses. All uses not specifically permitted are prohibited.

Area and yard requirements.

Maximum Lot Coverage: Not more than 5% of any lot may be occupied by impervious coverage including all buildings, parking and accessways.

Building Placement: The front yard setback shall be a minimum front yard setback of 30 feet, a minimum side yard setback of 50 feet and a rear yard setback of 50 feet.

Maximum Building Height: The maximum building height shall not exceed 25 feet.

Architectural design considerations.

§ 30-112.3 TRADITIONAL NEIGHBORHOOD DEVELOPMENT.

[Added 11-16-2009 by Ord. No. 2009-011]

Applicable standards. The R-2 District standards per Section 30-108, herein, shall continue to apply within the TND District as an alternative to the regulations set forth below.

Provisions. A planned traditional neighborhood development shall be allowed as provided for herein, subject to a demonstration by the applicant that the following provisions have been met to the satisfaction of the Planning Board. Any traditional neighborhood development application for this district shall be for the entire district.

Purpose. The purpose and intent of this district is:

To provide for a traditional neighborhood with green spaces in a compact arrangement that promotes walkability.

To encourage new development which emulates the character found in the older and historic sections of the Borough of Millstone in accordance with the terms of this Ordinance.

To promote a streetscape quality in neighborhoods that furthers the identity of the Borough of Millstone as a charming habitat in the historic Somerset County area in accordance with the terms of this Ordinance.

To provide inclusionary development.

Key design elements.

Unlike conventional suburban development patterns (with separated land uses, deep setbacks, no on-street parking, cul-de-sac and no sidewalks), traditional neighborhoods shall promote a more compact, integrated and sustainable development pattern and shall have the following key design elements:

Park and open space land - creates the green, square or park to help anchor the neighborhood; a system of green spaces distributed within the neighborhood; includes a green edge of open space to help shape the neighborhoods.

Network system of interconnecting streets — organizes a block pattern of lots; links to pedestrian systems; streets and streetscapes delineate outdoor public spaces.

On-street/parallel parking - provides a separator between vehicular and pedestrian traffic; utilizes cartway as an aisle that promotes effective traffic calming by slowing down the speed of vehicles, especially along narrower streets.

Shallow setbacks - help to create an outdoor room sense of space, with two-to two and one-half story buildings, typically from 70 to 85 feet across from one another on both sides of the street; promote a human scale relationship for the pedestrian as part of the public realm; buildings placed at a build-to line create a street wall.

Front porch/portico/colonnade - serves as transition element from the private realm of the building to public realm of the sidewalk and street; provides shade; promotes a finer, more ornamental texture of the building; creates a cozy space to sit, read, relax; provides outdoor room to greet and socialize with neighbors.

Sidewalks/crosswalks/pedestrian paths/walkways - serve to link uses, buildings and lots together; accommodates a healthy pedestrian circulation network; provide close to home opportunities for exercise; enhance way finding and an appreciation of the neighborhood/place.

Shade trees - provide (as street trees) the canopy/overhead plane to help create an outdoor room; and as shade trees, provide an old shade character.

Other vertical infrastructure — includes fences, hedges, walls, or like features creating a separation of the back yard from public spaces and other residential yards.

Public open spaces shall include benches where deemed appropriate.

Affordable Housing set-aside — The applicant shall provide affordable housing units, which may include group home bedrooms, meeting all of the requirements of the Council on Affordable Housing (COAH) equivalent to 20% or more of the total number of dwelling units, including group home bedrooms, developed, but no less than 27 credits, including bonus credits. The affordable units are not subject to Section 30-112.3E(3) below. The developer may, at its option, provide age restricted affordable units in accordance therewith and in accordance with paragraph D(n) and paragraph F. below.

Building Materials — Roofing may be fiberglass architectural shingles that represent slate or wood, artificial slate or shakes, wood shakes, or metal. GAF Timberline dimensional shakes may be acceptable. Siding may be a combination of brick, architectural or real stone, stucco, and concrete, wood or vinyl siding. EIFS (exterior insulation finishing systems, such as Dryvit) is prohibited.

(l)

There shall be a variety of building heights within the development.

(m)

For the purposes of this district, a Manor Home shall be a single building with either four or six attached dwellings that is intended to appear from the outside as if it were a single-family detached dwelling. Access to the individual units shall be from all four sides of the building so that each façade shall appear to be a front of the building.

(n)

Unit Placement: Two options are permitted:

Per Option 1, Two single-family detached dwellings three or four manor homes 14 dwelling units, which shall take access off of Amwell Road. The remaining dwellings consisting of single-family detached and two-family dwellings shall take access from Amsterdam Road; or

Per Option 2, 14 group home bedrooms, two family affordable rental units in a two-family house and two single-family detached dwellings, which shall take access off of Amwell Road. The remaining dwellings consisting of single-family detached and two-family dwellings shall take access from Amsterdam Road.

Use and building type regulations.

Buildings in a traditional neighborhood shall have a size, height, scale and proportion that are compatible with traditional Millstone Borough residential buildings.

Regardless whether fee-simple lots or some form of common ownership is to be used, when Traditional Neighborhood Developments are first created, the proposed lots shall be laid out and designated as either residential or green space. Residential lots shall be further categorized as either single-family dwelling, or two-family dwelling. All lots shall be laid out so that the dimensional, coverage and all other requirements specified in this subsection shall be satisfied. However, the actual lot lines do not need to be legally established. Any future development on an individual lot, regardless whether or not it has been legally established, shall conform to this initial use designation for that particular lot.

The following uses shall be permitted by right.

Single-family dwelling, and two-family dwelling types, as set forth and described in Section 30-112.3F, herein. At least 80% of all such dwelling units shall be age-restricted to permanent residents 55 years of age or older, with the following exceptions.

A member of a couple under the age of 55 years who is residing with his/her partner who is 55 years of age or older.

Emancipated children (as defined under New Jersey law) residing with their parents or parent where one of the parents with whom the child or children are residing is 55 years of age or older.

One adult 55 years of age will be admitted as a permanent resident if it is established that the presence of such a person is essential to the care of one or more of the adult occupants 55 years of age or older.

Up to 20% of the units need not be age-restricted, provided that no unemancipated children live in such units.

Manor homes with a maximum of six attached dwelling units, which are not age restricted.

Affordable housing including group homes, provided an agreement is entered into with the Borough. Each group home, for the purposes of this district, shall be calculated as one dwelling unit with no more than three bedrooms, except as provided in Section 30-112.3D(1)(j) herein.

Group homes in three-unit buildings.

Recreational amenities may be provided within the park and open space for the residential development. A community center building may be permitted within the open space. All applicable parking for residential amenities and/or a community center may be on-street or perpendicular parking from the street.

Home occupation.

The following uses shall be permitted as accessory uses:

Storage sheds are not permitted.

Hot tubs may be permitted provided that they are placed no closer than 10 feet to an adjacent property line and shall be located rear of the front façade of the principal building.

Swimming pools may be permitted provided that they are placed no closer than 10 feet to an adjacent property line and shall be located rear of the front façade of the principal building.

Fences or walls may be permitted provided that the good side faces out and that no fence shall exceed 36 inches in height within the area of the front yard or 72 inches in height within the remainder of the rear or side yards. All other provision of Section 30-115.3 shall apply.

All dwellings shown on the initial approved plan shall not be converted to nonresidential use.

Residential density unit composition and density/intensity unit composition.

There are two development options as follows:

Option One: Three or four manor homes with a maximum of six attached dwelling units each and a total of 14 units, all of which shall be affordable family rentals, plus 94 single-family detached dwelling units. Six of the age-restricted units shall be affordable units; or

Option Two: 14 group home bedrooms plus one two-family house with two family affordable rental units and 94 single-family detached dwelling units. Four of the age-restricted units shall be affordable units. (Note: For the purposes of calculating density for this district each group home bedroom shall be calculated as if it were one dwelling unit).

Density/Intensity.

Two development options are permitted. The following densities shall apply to each option:

The density for residential dwelling units shall not exceed a density of two and three-quarter dwelling units per gross acre, calculated over the entire tract acreage zoned TND for a maximum total of 106 dwelling units. (Note: For the purposes of this calculation a group home bedroom is equal to one dwelling unit.)

Detail design standards.

Green Space Requirements.

Within the traditional neighborhood, a variety of green spaces shall be designed to complement the residential development. A minimum of 25% of the total site area shall be designated as open space. It shall be either landscaped or maintained in its natural state, landscaped and maintained as common open space. Parking to serve a community building may be included within the green space calculation.

Green space shall consist of the form of a park, which may include a community building with a pool, common green surrounded by roads, playfield, playground, buffer or approved landscaped area.

Green space shall be maintained in a form that is acceptable to the Planning Board. All green space shall be subject to a declaration of covenants, easements and restrictions in a form that is acceptable to the Planning Board Attorney. All green space and community buildings shall be maintained by an Association.

Storm water management facilities (i.e. basins, swales, etc., designed as natural features) and underground utilities may be located within the green space.

Streets and Access Ways.

Streets and access ways within the development shall form an interconnected vehicular circulation network to the maximum extent practicable.

Vehicular access to all of the age restricted dwellings within the TND District shall be from Amsterdam Road located within Hillsborough Township and not from within the Borough. All units located north of the stream, shall have vehicular access from Amwell Road.

All streets shall be special purpose streets with a right-of-way of 50 feet in width.

Streets shall conform with Residential Site Improvement Standards, New Jersey Administrative Code Title 5, Chapter 21, Table 4.3 for Neighborhood with on-street parking on two sides with one travel lane shall be 30 feet in width (with one 14 foot travel lane and two eight foot wide parking aisles).

Streets that provide access to two or fewer lots and are no longer than 200 feet in length may not be required to have a cul-de-sac turn-around.

All streets shall have Belgian block curbing.

Curb Cuts, Driveways and Garages.

Garages, driveways and/or parking lots shall not be the dominant aspect of the building design and/or the streetscape as viewed from the street.

To the maximum extent practicable, garages shall be accessed at the rear of the lot. Curb cuts may be permitted for each lot, provided that any garage door facing the street is recessed at least 25 feet back from the front façade of the principal structure and that no more than 50% of the total number of dwelling units are accessed by such front facing garages. The remaining garages shall be accessed at the rear of the lot with garage doors facing the side or rear property line.

For garages that take access from the rear of the lot, the garage shall be set back at least five feet from the rear property line, zero feet from the side property line.

Garages for residential dwelling units shall meet one of the following design options, listed in the order of preference for the traditional neighborhood:

When the garage is located behind the rear facade of the house, such garage may be detached from or attached to the dwelling, and the garage doors may face any direction.

When the garage is front-entry from the street on which the front building façade is facing, it shall be recessed at least 25 feet back from the front facade of the building (excluding any porches or decks). A garage door facing a street shall not exceed an opening width of 10 feet per garage bay. On corner lots, the front yard setback for a garage shall be 20 feet from the lot line when the garage faces a street other than the front-façade facing street.

Sidewalks and Pathways.

Sidewalks of at least four feet in width shall be constructed and maintained along both sides of the main access road. All loop roads will have sidewalks located on the residential side of the street only.

Street Trees, Lighting, and Other Landscaping.

Street trees shall be planted on the equivalent of one tree per 35 feet on each side of the street. All street trees shall be planted outside of the right-of-way within a five foot street tree landscape easement located adjacent to the edge of the right-of-way. Trees shall be not less than three inches in caliper measured six inches above ground.

Each unit shall have a post light adjacent the sidewalk. Such lighting shall be approved by the Planning Board and the Borough Planner.

At all intersections ornamental street post lights shall be placed subject to review by the Planning Board. Street lights may be one of those offered by PSE&G, which is the local utility company responsible for installation and maintenance of lights.

Other landscaping in the form of perimeter buffers to adjacent properties, if needed, foundation plantings, and fencing, are essential to a traditional neighborhood and shall be included in the plan submission and be subject to plan approval by the Planning Board. All buffers shall be an evergreen screen that shall provide a complete screen within five years. Attached to this Ordinance is a typical buffer planting standard to meet the side yard buffer requirements.

Buildings and Neighborhood Design.

The design of the individual residences shall meet the standards for traditional neighborhood design, as set forth in Sections 30-112.3D(1)(e), (k) and (l) No principal building shall include a flat roof. Significant roof pitches and variations in roof lines are required.

A minimum of 40% of the principal residential buildings shall include a front door accessing onto an unenclosed front porch with a minimum floor area of 60 square feet. Such porch shall be covered by a permanent roof and shall not be enclosed in the future.

Dimensional requirements.

Streetscape.

The most critical dimension in the traditional neighborhood is the width of the streetscape from building walls on one side of the street to the opposite side of the street.

Where blocks are created with buildings close to the street and sidewalk, the streetscape width shall be in the range from 70 feet to 75 feet for residential building streetscapes.

Where buildings parallel or encircle a green space, the streetscape width may be wider as a function of the width of an approved green space.

Front Setback for Principal Buildings and Garages.

Front yard from an interior street right-of-way or fronting green space: 10 feet minimum; 25 feet maximum.

Front porches may encroach upon the setback up to 50% of porch depth.

Garages shall be 25 feet back from the building façade or 20 feet back from the side property line per Section 30-112.3G(3)(d)[2].

Units may front on open space rather than a public road, as long as there is a connecting sidewalk.

Side Yards for Principal Buildings and Garages.

Single-family dwelling: Five feet minimum.

Two-family dwelling: Five feet one side, zero feet one side.

Group home or manor home: Five feet minimum, except when bordering a single-family detached dwelling, the side yard shall be 50 feet.

Detached garages: zero feet. Attached garages: five feet.

Rear Yards for Principal Buildings and Garages.

Twenty-five feet minimum yard setback for the principal building.

Five feet minimum building setback for a garage.

Minimum Lot Size: Single-and Two-Family Dwellings or Group Home.

Single-family detached dwelling:

Minimum lot area: 6,000 square feet.

Minimum lot width at the minimum building setback line: 60 feet.

In the case where individual lots are not created, such as condominium development, an equivalent lot area and lot width shall be created.

Two-family dwelling:

Minimum lot area: 4,500 square feet.

Minimum lot width: 45 feet.

In the case where individual lots are not created, such as condominium development, an equivalent lot area and lot width shall be created.

Group home or manor home:

Minimum lot area: one acre.

Minimum lot width: 80 feet.

In the case where individual lots are not created, such as condominium development, an equivalent lot area and lot width shall be created.

Building Coverage.

Maximum building coverage for the district: 35%.

Impervious Surface Coverage.

Maximum impervious surface coverage for the district: 60%.

Maximum Building Heights.

Thirty-five feet or two and one-half stories, whichever is less.

Other requirements.

All buildings with lots that are less than one acre within the development shall be served by public water supply and a public centralized sewage disposal system.

All public utility lines and similar facilities servicing the proposed development and its area shall be installed underground.

All utilities shall be placed within the right-of-way where they will not interfere with the placement of street trees or landscaping on the individual lots, except for where sidewalk locations and utility requirements preclude this from occurring.

If the development is to be carried out in phases, each phase shall be so planned that the intent of this chapter shall be fully complied with at the completion of any phase. Any phased development shall be fully described and defined on the subdivision plan.

All streets, whether public or private, shall have a right-of-way.

§ 30-112.4 SOUTH RIVER STREET DISTRICT.

Principal permitted uses. Within this district, no building or structure or land shall be used and no building or structure shall be erected for any other than the following specified purposes:

Single family residential uses in existing structures.

Open space and recreational uses.

Pumping station for public sewer.

Open air market building.

Public bathrooms.

Boat landing along the Millstone River.

Accessory uses. The following shall be permitted as accessory uses:

Surface parking areas, except for any parcels purchased by the Federal Emergency Management Agency.

Permitted activities.

Relocation of existing structures to locations within the North Main Street Residential Receiving District, including the conduct of all such studies and analyses as may be required in order to relocate structures of such type, character and designation.

Subdivision of parcels to permit a portion of a parcel to be devoted to open space and/or recreational use while the remainder of the parcel remains in its existing use.

Improvements and modifications to any parcel to be devoted to open space and/or recreational use to the degree such improvements and/or modifications are permitted pursuant to applicable State and Federal laws and regulations.

Subdivision of a parcel for the purposes of constructing a pumping station for future public sewers to serve the Borough.

Design requirements. The design requirements set forth in Section 30-115.5 shall apply to this district.

§ 30-112.5 NORTH MAIN STREET RESIDENTIAL RECEIVING DISTRICT.

Principal permitted uses. Within this district, no building or structure or land shall be used and no building or structure shall be erected for any other than the following specified purposes:

Single family residential uses.

Accessory uses. The following shall be permitted as accessory uses:

All such uses that are customarily incidental to a residential use, such as an accessory garage, storage shed, fence, swimming pool, terrace, etc.

Permitted activities.

Subdivision of the District into a maximum of four tax lots, the minimum of size of any lot created by such subdivision to not be less than one-half of one acre.

Relocation of existing structures from the South River Street District, including all construction and site improvements as may be necessary to accommodate such relocation.

Construction of new single family residential dwellings.

Design requirements. The design requirements set forth in Section 30-115.5 shall apply to this district.

§ 30-112.6 SOUTH MAIN STREET-AMWELL ROAD EXISTING COMMERCIAL DISTRICT.

Principal permitted uses. Within this district, no building or structure or land shall be used and no building or structure shall be erected for any other than the following specified purposes:

Single family residential uses in existing structures.

Open space and recreational uses.

Pumping station for public sewer.

Open air market building.

Public bathrooms.

Boat landing along the Millstone River.

Accessory uses. The following shall be permitted as accessory uses:

Surface parking areas, except for any parcels purchased by the Federal Emergency Management Agency.

Uses customarily incidental to the principal permitted uses.

Permitted activities.

Merger and subdivision of parcels to permit the District to be developed in the most effective and efficient manner.

Improvements and modifications to any parcel to be devoted to open space and recreational use to the degree such improvements and modifications are permitted pursuant to applicable State and Federal laws and regulations; and

Improvements or changes to any existing residential structure as may be necessary to mitigate the risks of damage or loss due to flooding.

Design requirements. The design requirements set forth in Section 30-115.5 shall apply to this district.

§ 30-112.7 NORTH MAIN STREET-AMWELL ROAD COMMERCIAL DISTRICT.

Principal permitted uses. Within this district, no building or structure or land shall be used and no building or structure shall be erected for any other than the following specified purposes:

Commercial uses expressly limited to the following:

Retail sales and service establishments such as: gift shops, antiques, book stores, newsstands, food markets, bakeries, clothing store, coffee shop, banking institution with no drive-in windows, realtor, travel agent, crafts and similar uses, art gallery, and personal service facilities such as a barber shop, beauty salon, spa, health club, cleaning and garment services.

Offices, when limited to the second floor and limited to the following uses: investments, architects, engineers, lawyers, realtors, travel agents, or other similar uses.

Visitors center with an information center, bathrooms and gift store in association with a public park.

Restaurants, but not including restaurants with drive-thru facilities.

Residential uses expressly limited to the following:

Apartments, when limited to the second floor above retail.

Affordable housing as required by applicable law at the time a development application is duly filed. It shall be the responsibility of the developer to meet all affordable housing obligations relative to the related development on the same site. All affordable housing shall be limited to the second floor above retail.

Accessory uses. The following shall be permitted as accessory uses:

Surface parking areas.

Uses customarily incidental to the principal permitted uses.

Permitted activities.

Merger and subdivision of parcels to permit the District to be developed in the most effective and efficient manner, subject to the limitations on use and design set forth in this Plan.

Improvements and modifications to any parcel to the degree such improvements and modifications are permitted pursuant to applicable State and Federal laws and regulations and further subject to the limitations on use and design set forth in this Plan.

Construction of new buildings.

Design requirements. The design requirements set forth in Section 30-115.5 shall apply to this district.

§ 30-113 HISTORIC ZONING.

Applicability. The following regulations and requirements shall apply to all land and buildings within the Historic Preservation District as designated on the Zoning Map of the Borough of Millstone, June 1948 and filed with the Borough Clerk and made a part hereof by reference. Such regulations and requirements shall be in addition to those regulations and requirements pertaining to the Residential 1 and Residential 2 Districts presently applicable to the area included within the Historic Preservation District.

Purpose. The purposes of these regulations and requirements are to:

Safeguard the heritage of the Borough of Millstone and to promote a sound long- range economy by preserving a substantial part of the Borough which reflects elements of its cultural, social, political and architectural history;

Stabilize and improve property values;

Foster civic beauty;

Promote the development and use of historic area for the education, pleasure and welfare of the citizens of the Borough of Millstone.

Historic district commission.

In order to execute the purposes declared in this section there is hereby created a Commission to be known as "The Millstone Historic District Commission."

The Millstone Historic District Commission shall consist of five members at least three of whom shall reside within the Historic District and two Alternates. The First Alternate shall reside within the Historic District, and the Second Alternate may reside within or outside the Historic District. (Amended 4-24-2007 by Ord. No. 2007-002)

Members shall be appointed by the Mayor for a term of four years, except that the terms of two of the members first appointed shall be for a term of two years, and all shall serve without compensation. The Commission shall select its own Chairman and Secretary and such other officers as it may deem necessary, and shall also adopt such rules of procedures as it may determine to be necessary. The Commission may engage such nonresidential experts and consultants to advise and assist it as may be deemed necessary and desirable.

The Commission shall review all plans for the construction, alteration, repair, moving or demolition of structures in the Historic District and it shall have the power to pass upon such plans before a permit for such activity can be granted. In reviewing the plans, the Commission shall give consideration to:

The historical or architectural value and significance of the structure and its relationship to the historic value of the surrounding area;

The general compatibility of exterior design, arrangement, color, texture and material proposed to be used; and

Any other factor, including aesthetic, which it deems pertinent.

The Commission shall pass only on exterior features of a structure and shall not consider interior arrangements, nor shall it disapprove applications except in regard to consideration as set forth in the previous paragraph.

Application for a building permit to construct, alter, repair, move or demolish any building or structure in the Historic District shall be made to the Zoning Officer. Plans for construction or structural alterations shall be submitted showing the structure in question and also showing its relation to adjacent structures. Upon the filing of such applications the Zoning Officer shall immediately notify the Historic District Commission of the receipt of such application and shall transmit it together with accompanying plans and other information to the Commission.

The Historic District Commission shall meet within 15 days after notification by the Building Construction Official of the filing, unless otherwise mutually agreed upon by the applicant and Commission, and shall review the plans according to the duties and powers specified herein. In reviewing the plans the Commission may confer with the applicant for the building permit.

The Commission shall approve or disapprove such plans and if approved shall issue a Certificate of Approval, which is to be signed by the Chairman attached to the application for a building permit and immediately transmitted to the Construction Official. The Chairman shall also stamp all prints submitted to the Commission signifying its approval.

If the Commission disapproves of such plans, it shall state its reasons for doing so and shall transmit a record of such action and reasons therefor in writing to the Construction Official and to the applicant. The Commission may advise what it thinks is proper if it disapproves of the plans submitted. The applicant, if he so desires, may make modifications to his plans and shall have the right to resubmit his application at any time after so doing.

The failure of the Historic District Commission to approve or disapprove of such plans within 45 days from the date of application for the building permit, unless otherwise mutually agreed upon by the applicant and Commission, shall be deemed to constitute approval and the Construction Official shall process the application without regard to a Certificate of Approval.

After the Certificate of Approval has been issued and the building permit is granted to the applicant, the Construction Official shall from time to time inspect the construction, alteration or repair approved by such certificate and shall take such action as is necessary to secure compliance with the approved plans.

The demolition or moving of structures of historic or architectural worth shall be discouraged. A Certificate of Approval is required from the Commission before the demolition or moving of a structure within the district. The Commission shall be guided by the following conditions in exercising its judgment in granting such a certificate:

The Construction Official deems such structures to be a hazard to public safety or health and repairs are economically or structurally infeasible;

Such structure is a deterrent to a major improvement program which will be of substantial benefit to the Borough;

Retention of such structure would cause undue financial hardship to the owner, which is defined as a situation where more funds than are reasonable would be required to retain the structure;

The retention of such structure would not be in the interest of the Borough as a whole.

In cases where approval of demolition is granted for reasons other than public health, safety or general welfare of the Borough, such certificate shall not become effective until six months after the date of such issuance in order to provide a period of time within which it may be possible to relieve a hardship or to cause the property to be transferred to another owner who will retain the structure.

Due to peculiar conditions of design and construction in the Historic District where structures were often built close to the lot lines, it is in the public interest to retain a neighborhood's historic appearance by making variances to normal yard requirements. Where it is deemed that such variance will not adversely affect neighboring properties, the Commission may recommend to the Board of Adjustment that such variance to standard yard requirements be made.

Effect of regulations. Nothing in this Section 30-113 shall be construed to prevent ordinary maintenance or repair of any structure within the Historic District; nor shall anything in this Section 30-113 be construed to prevent the construction, alteration, repair, moving or demolition of any structure under a permit issued by the Construction Official, issued prior to the adoption of these regulations.

Appeal. Any person aggrieved by a decision of the Historic District Commission shall have the right of appeal to the Mayor and Council.

The hearing of such appeal shall be conducted within 30 days of the filing of the application for said appeal with the Borough Clerk, and the aggrieved party and the Commission shall receive at least 10 days written notice of the time and place when such hearing will be conducted.

§ 30-114 SIGNS.

Residential districts.

No building, structure or premises shall be used in whole or in part for signboards, or advertising on barns or buildings, except professional or farm produce signs not larger than three square feet, except temporary real estate signs no more than (8) square feet on the property advertised.

Nonresidential districts. Business signs or signs which primarily direct attention to the identity of a business, profession, industry, laboratory or similar activity and which may describe in general the nature of the activity conducted on the property on which the sign is located may be erected in the Commercial and Business Districts. Such signs shall not exceed two in number on any one road frontage and the total area of the two signs on one side shall not exceed 24 square feet. No sign shall be placed within 10 feet of the street line.

Building signs placed on the vertical wall or portion of a building and not extending beyond the wall or portion in any direction, may be used, but only one such sign shall face on any street frontage and the gross area of such sign shall not exceed 5% of the face of the building on which it is attached or 24 square feet, whichever is less.

General restrictions. The following restrictions shall apply to all sign uses throughout the Borough.

The historic character of the community is to be maintained, and signs of colonial style shall be encouraged.

No sign shall be erected so that the top of the sign is more than 20 feet above the ground.

No sign shall be attached to trees, fence posts, stumps, utility poles, bridges, culverts or other signs, but shall be free standing or attached to buildings in an approved manner, except this restriction shall not apply to legal notices and public announcements to advertise public benefits of churches, fire companies, other public charitable or religious events and, also, public sales of an individual's household goods, farm equipment, or property are permitted providing that (a) the notices are not posted for more than three weeks prior to the event and (b) the notices are removed within 48 hours following the event.

No sign shall be displayed which basically directs attention to a product or group of products or service or group of services rather than primary attention to the identity of the business operation.

No sign shall be placed in such position along a highway or street or at an intersection, so as to cause danger to traffic by obscuring the view.

No neon or similar signs will be permitted.

Signs may be illuminated, but such illumination shall be of white light either direct or diffused. Signs shall not be internally illuminated.

No glare from sign illumination shall be allowed to cause an objectionable condition in an adjoining residential lot. The source of illumination should be concealed or recessed so as not be result in glare.

No sign shall be a flashing, moving, rotating, oscillating or similar type. In no case shall buildings or structures be outlined by tubing or strings of lights for advertising purposes.

All signs must be constructed of durable materials and kept in good condition. Whenever a sign becomes dilapidated, or structurally unsound, or endangers public safety or property, such sign must be removed by the owner or the property owner within five days of notification by the Zoning Officer.

(11)

Off-premises signs and/or billboards are prohibited in all zones.

(12)

No sign shall be placed by any person within any public right-of-way within the Borough of Millstone. Additionally, no signs shall be placed on any property owned by the Borough of Millstone unless authorization is received from the appropriate officials of the Borough of Millstone. Also, no sign shall be placed on the property owned by the County of Somerset or the State of New Jersey unless authorization is received from officials of the Borough and the appropriate State or County officials. This prohibition shall not apply to signs placed on behalf of or by any political subdivision of the State of New Jersey. Nor shall this prohibition apply to temporary signs placed in connection with construction on a right-of-way or made necessary because of said construction.

[Added 7-3-2002 by Ord. No. 2002-185]

§ 30-115 LIGHTING STANDARDS.

Purpose. The purpose of this section is to provide for an orderly use and development of exterior lighting within the Borough of Millstone, to limit the impact of exterior lighting upon the general public and to prevent potential nuisances from the use of exterior lighting.

Installation of exterior lighting. No person shall install any exterior lighting or alter any existing exterior lighting within the Borough of Millstone without first obtaining a permit therefor, to be issued by the Zoning Officer upon application and payment of the prescribed fee, and no person shall install any exterior lights or alter any existing exterior lighting except in compliance with the conditions of this section.

Fees. Any person applying for a permit in connection with new residential construction shall pay a permit fee of $10 per exterior lighting fixture. Any person applying for a permit in connection with any commercial use or property, whether existing or new construction, shall pay a permit fee of $30 per lighting fixture. There shall be no fee for an application with respect to lighting on an existing residence.

All permit fees shall be made payable to the Borough of Millstone and shall be delivered to the Zoning Officer at the time the application is submitted.

Application.

In connection with each application, the applicant shall submit an original and two copies of site plans for all proposed exterior lighting together with the required fee, if any, to the Zoning Officer except for existing residential properties for which a sketch may be submitted in lieu of a site plan. In the case of applications for existing residential properties the plan shall identify the name and mailing address of the applicant, property address by tax lot and block number, street address, property dimensions, location of light, type of light, radius of light and intensity in wattage. Plans for new residential construction and commercial use or property shall include all the items referred to in the preceding sentence, the manufacturer's specification sheet for the lighting, the intensity in foot candles in the case of commercial lighting and the intensity in wattage in the case of residential lighting. In addition, all plans shall show any and all existing lighting and type of lighting. All plans shall also show adjacent properties and nearby streets, driveways and residences in order to allow the Zoning Officer to determine the effect of the proposed lighting on such adjacent properties. The Zoning Officer shall make available to applicants in connection with existing residential properties a form of application which can be utilized in lieu of any other sketch or site plan.

Any application submitted pursuant to this section dealing with a dwelling, structure or building located in the Historic District shall be subject to compliance with all provisions of the Historic District Commission Ordinance.

Design standards. In connection with any application, the Zoning Officer shall review the style of light, type of lamp and light standard in accordance with the following design standards, which design standards shall be followed in connection with applications. The following design standards are intended to apply to applications brought pursuant to this section and are not intended in any way to affect or decrease the authority of the Planning Board to deal with lighting issues during the course of any site plan review.

The maximum height of freestanding lights shall be 12 feet.

The maximum height of surface mounted lights or lights attached to a structure shall not exceed the height of the roof of the structure.

Where lights will be visible to adjacent residences, the lights will be appropriately and permanently shielded and focused in a direction as to prevent spillage off the site.

Only compact fluorescent or standard filament incandescent lamps are permitted for residential use.

Neon, animated and flashing lights, whether used as a sign or otherwise, are not permitted.

Lights using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement, whether used in connection with a sign or otherwise, are not permitted.

Display lighting shall be shielded and shall be so located and maintained as not to constitute a hazard or nuisance to the traveling public or to neighbors. In particular, so called "string lights" or construction lights shall not be permitted.

No light shall shine directly into windows or onto streets and driveways in such a manner as to create a nuisance or interfere with or distract driver vision.

Lights and signs utilizing colored lights shall not interfere with existing and standard traffic signals.

Intensity. The following intensity in foot-candles in the case of commercial and wattage in the case of residential will not be exceeded:

Maximum intensity at the property line shall be 0.5 foot-candles in commercial zones and 0.3 foot-candles in residential zones. Commercially zoned properties abutting residential zones will abide by the residential standards at the property line common to the two zones.

The light intensity at ground level shall be a minimum of three-tenths foot-candles anywhere in the area to be illuminated and shall average a maximum of five-tenths foot-candle over the entire area in the case of commercial usage.

For each fixture and lighted sign in a commercial area, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed seven and one-half percent of the total quantity of light emitted from the light source.

For parking lots, an average of 1.5 foot-candles throughout except in the case of parking lot lighting adjacent to residential uses in which event the average shall be three-tenths foot-candles.

Nonconforming lighting. Any nonconforming exterior lighting existing at the time of the passage of this Section 30-115 may be continued and any such lighting may be restored or repaired in the event of partial destruction of it.

Notice. Any exterior lighting installed, located, relocated, or maintained in violation of this section shall be removed within 10 days after receipt of written notice from the Zoning Officer. The notice shall include notification that if the exterior lighting is not so removed, a summons and/or complaint in the municipal court serving the Borough of Millstone shall be issued by the Zoning Officer.

Review process.

Each application shall be submitted to the Zoning Officer for his or her review and shall contain all the information required by Section 30-115D hereof. The Zoning Officer shall have 30 days in the case of commercial uses and 10 days in the case of residential uses from the receipt of the completed application, plans and permit fee to determine if said application conforms in all respects to this section. If the Zoning Officer shall determine that the application is in conformance, he or she shall issue the permit and sign and stamp all plans. If the Zoning Officer shall determine that the application does not conform in all respects to the requirements of this section, he or she shall note in what respects the application does not conform and shall deny the application.

The Zoning Officer shall have no obligation to make a decision concerning the application unless the application is complete in all respects. If an application is submitted to the Zoning Officer which is incomplete, the Zoning Officer shall so advise the person submitting the application within 10 days of submission. If the Zoning Officer fails to act upon a completed application within the time periods set forth in the preceding subparagraph, the application shall be deemed to have been approved by virtue of the Zoning Officer's failure to act.

Appeals to the Millstone Borough Planning Board may be taken by any interested party affected by any decision of the Zoning Officer of the Borough based upon or made in the enforcement of this section. Such appeal shall be taken within 20 days of the decision by the Zoning Officer by filing a notice of appeal with the Zoning Officer from whom the appeal is taken specifying the grounds for the appeal. The Zoning Officer shall immediately transmit the same to the Planning Board together with all papers constituting the record upon which the action appealed from was taken. The Planning Board shall determine the appeal within 45 days of the filing of the notice of appeal. The Planning Board appeal shall be determined at a public meeting based upon the materials submitted and any argument made by the appellant, Zoning Officer or other interested party. The Planning Board shall not be required to take any additional testimony under oath unless it so desires in its sole discretion. The decision of the Planning Board shall constitute a final administrative decision which may be further appealable to the Superior Court of New Jersey in accordance with the existing court rules.

The Historic District Commission shall have 15 days from the receipt of an application submitted pursuant to Section 30-115D(2) hereof to issue its written decision. In the event that the Commission rejects an application, it shall note the basis for said disapproval. If the Commission fails to act upon a completed application within the 15 day time period, the application shall be deemed to have been approved by virtue of the Commission's failure to act.

§ 30-115.1 PARKING AND LOADING AND SOLID WASTE STANDARDS.

Standards. In filing an application for development, the applicant shall comply with the following parking, loading, solid waste and lighting standards:

Off-Street Parking — General.

Each off-street parking area hereinafter created within the Borough of Millstone shall be subject to the approval of the Planning Board or Zoning Board to insure its adequacy to provide for traffic safety, to provide ingress and egress for emergency vehicles and to protect adjacent properties.

Ingress and egress drives including access to off-street parking in non-residential zones shall be so designed that traffic is not routed through a residential zones.

Off-street parking shall be provided and maintained as specified herein and shall be surfaced with an asphalt, bituminous or cement binder pavement which shall be graded and drained to dispose of all surface water as required by the Borough Engineer.

For nonresidential uses and multi-family developments, parking areas and access drives shall be enclosed by a concrete or Belgian block curb six inches above the paved surface. The type of curb shall be determined by the Board; however, Belgian block curb shall be utilized where a paved area is adjacent to vegetated or other pervious surface areas.

Parking Requirements

For residential developments, off-street parking shall be provided as set forth in Exhibit 1.

EXHIBIT 1 OFF-STREET PARKING REQUIREMENTS FOR RESIDENTIAL LAND USES
Housing Unit Type/Size	Off-Street Parking Requirements
Single-Family Detached/Attached
2 and 3 Bedroom	2.0
4 and 5 Bedroom	3.0
Garden Apartment/Condominium
1 Bedroom	1.8
2 Bedroom	2.0
3 Bedroom	2.5
Townhouse
1 Bedroom	2.0
2 Bedroom	2.3
3 Bedroom	2.5
Senior Citizen Unit
Efficiency	0.3
1 Bedroom	0.6
2 Bedroom	1.5

Notes:

1. When the computation to determine off-street parking results in a fraction of a space, a fraction of .5 or less may be disregarded.

2. Requirements for attached units include provision for guest parking.

For nonresidential developments, off-street parking shall be provided as set forth in Exhibit 2.

EXHIBIT 2 OFF-STREET PARKING REQUIREMENTS FOR NON-RESIDENTIAL ZONES
Non-Residential Land Use	Required Off-Street Parking Spaces per Indicated Area
Automobile sales	8 spaces and 1 per employee on maximum shift
Bars/Taverns	1 space per 2 seats
Child Care Centers	1 space per 3 children
Doctors, Dentists & Veterinarians	1 per 175 sq. ft. GFA
Banks	1 per 300 sq. ft. GFA
Flexible office/warehouse (40% office maximum)	1 per 225 sq. ft. GFA office and 1.5 per 1000 sq. ft. GFA warehouse
Funeral home	1 per 150 sq. ft. GFA
Garden center	1 per 200 sq. ft. GFA
Hotel	.2 per guest room plus additional spaces required for other uses on the property such as restaurants and meeting rooms
House of Worship	1 per 3 seats
Industrial	1 per 800 sq. ft. GFA
Library	1 per 300 sq. ft. GFA
Manufacturing	1 per 800 sq. ft. GFA
Medical center	1 per 250 sq. ft. GFA
Nursing Home	1 per 2 beds
Offices
Under 49,999 sq. ft. GFA	1 per 225 sq. ft. GFA
50,000-99,999 sq. ft. GFA	1 per 250 sq. ft. GFA
100,000 + sq. ft. GFA	1 per 285 sq. ft. GFA
Restaurant	per 3 seats, or 1 space for each 40 sq. ft. of floor area devoted to patron drinking or dining use, whichever is greater, plus 1 space for each two employees

Retail Store, business services and personal services (5 or less tenants)	1 per 225 sq. ft. GFA
Shopping Center (6 or more tenants)
Under 400,000 sq. ft. GLA	1 per 250 sq. ft. GLA
400,000 - 599,999 sq. ft. GLA	1 per 225 sq. ft. GLA
600,000 + sq. ft. GLA	1 per 200 sq. ft. GLA
Storage areas (primary use)	per 2,000 sq. ft. GFA storage and 1 per 250 sq. ft. GFA related offices
Theater	1 per 3 seats
In shopping center	1 per 4 seats
Vehicular service station	per bay and work area (5 stalls minimum) and 1 per 225 sq. ft. GFA retail area
Warehouse/receiving (primary use)	per 2,000 sq. ft. GFA warehouse/receiving and 1 per 250 sq. ft. related offices
Uses not otherwise specified	1 per 200 sq. ft. of GFA or as determined in notation #2 below

Notes:

GFA = Gross floor area

GLA = Gross leasable area

1. When the computation to determine off-street parking results in a fraction of a space, a fraction of .5 or higher shall be considered a requirement of one additional space.

2. In determining minimum parking space requirements for uses not covered, the Board shall be guided by the number of persons to be employed in said building or by the use; the numbers of persons expected to reside in, visit or patronize the building or use; and the need for safe and convenient loading space for visitors or patrons and goods. In all cases, minim parking space requirements shall be in accordance with applicable provisions of the Americans with Disabilities Act of 1990.

Alternative off-street parking standards to those shown in Exhibit 1 and Exhibit 2 shall be permitted at the discretion of the Planning Board or Zoning Board of Adjustment if the applicant demonstrates in a written analysis that these standards better reflect local conditions. In such case a landscaped area shall be reserved, that can readily be converted to off-street parking should the condition allowing fewer spaces ever change.

Any change or alteration of a use which increases the parking requirements beyond the capacity of available on-site parking shall require site plan approval by the Planning Board.

A one-car garage and driveway combination shall count as two off-street parking spaces, provided the driveway measures a minimum of 25 feet in length between the face of the garage door and the road right-of-way. A two-car garage and driveway combination shall count as four off-street parking spaces provided the minimum width of the driveway is 20 feet and its minimum length is as specified above for a one-car garage.

For developments determined by the Planning Board as mixed-use developments, a shared parking approach to the provision of off-street parking shall be permitted at the discretion of the Planning Board or Zoning Board, dependent upon a written analysis.

Where the total number of off-street parking spaces required may not be immediately required for a particular use, a banked parking/staged development plan may be permitted which requires that only a portion of the parking area be constructed subject to the following regulations:

The site plan shall clearly indicate both that portion of the parking area to be initially paved and the total parking needed to provide the number of spaces required.

The site plan shall provide for adequate drainage, lighting and landscaping of both the initial and future parking areas.

The portion of the parking area not to be paved initially shall be landscaped.

Any change of use on a site for which the Planning Board may have approved a partial paving of off-street parking areas to a use which requires more parking spaces than are provided on the site plan shall require submission of a new site plan.

Parking Lot Design.

Each off-street parking space shall measure nine feet in width by 18 feet in length. Parking spaces shall have a 10 foot width in parking lots where shopping carts will be utilized. On-street parallel parking spaces shall measure 10 feet by 23 feet.

Parking spaces for the physically handicapped shall be provided at appropriate locations and in conformance with the requirements of the Americans with Disabilities Act.

Off-street parking areas shall be oriented to and within a reasonable walking distance of the buildings they are designed to serve. Parking shall be located on the same lot as the use it is designed to serve.

Access to parking lots shall be designed so as not to obstruct free flow of traffic. There shall be adequate provision for ingress to and egress from all parking spaces to ensure ease of mobility, ample clearance, and safety of vehicles and pedestrians.

Two-way traffic aisles shall be a minimum width of 24 feet. The width of all aisles providing direct access to individual parking stalls shall be in accordance with the following requirements:

Parking Angle (degrees)	One-Way Aisle Width (feet)	Two-Way Aisle Width (feet)
30	12	18
45	13	20
60	18	20
90	22	24
parallel	12	18

Parking areas and traffic aisles in commercial zones may be located in the required front, side or rear yard, but shall be placed a minimum of 10 feet from the right-of-way and front property line, and five feet from the side and rear property lines except where adjacent to a residential use or zone, in which case no parking area or driveway shall be located within 25 feet of any property line. Parking may only be placed in a front yard where existing site and building conditions make parking in the rear and/or side yards impractical. Parking shall be screened from view from the street and adjacent residential property lines.

Off-street parking areas and traffic aisles shall not be closer than five feet to any building.

Curbed pedestrian sidewalks, not less than six feet wide shall be provided along the length of any building wall which contains public entrance or exit ways. Said walks shall be at least six inches higher than the abutting paved parking area. Sidewalks with a minimum 10 foot width shall be provided along the front building wall of a shopping center which contains public entrance or exit ways. Curb cuts shall be provided at appropriate locations so that handicapped persons may gain access from parking areas onto sidewalks. In addition, the Planning Board or Zoning Board of Adjustment, at its discretion, may require increased sidewalk widths and the installation of pedestrian walkways within any curbed islands that are required.

A minimum sidewalk width of six feet is required where parked vehicles overhang or extend over the sidewalk.

All off-street parking spaces, driveways, aisles and pedestrian walkways shall be clearly and legibly marked within the parking lot. Hairpin striping shall be required at the discretion of the Planning Board or Zoning Board of Adjustment. Hairpin striping shall consist of two stripes located no farther than 12 inches on center.

Traffic signs and pavement markings, complying with the Manual on Uniform Traffic Devices, latest edition, shall be provided to enhance the safety of motorists and pedestrians.

(l)

Where feasible, parking areas for individual nonresidential uses shall be designed to be interconnected with adjacent properties and shall utilize common entrance(s) and exit(s) to minimize the disruption to traffic flow, reduce access points to adjacent roadways and reduce conflicts with pedestrian traffic.

(m)

All off-street parking areas required by this chapter shall be used exclusively for the parking of automobiles. No commercial repair work or sales of any kind shall be conducted in any parking area.

(n)

Parking areas shall be suitably landscaped to minimize noise, glare and other nuisance characteristics as well as to improve the environment of the site and surrounding area.

Off-Street Loading and Unloading.

For every building or part thereof, which is to be occupied by manufacturing, storage, goods display, retail store, wholesale store or warehouse, market, hospital, or other use similarly requiring the receipt or distribution in vehicles of materials or merchandise, there shall be provided and maintained on the same premises with such building one off-street loading space measuring 15' x 60' with a 14 foot clearance above grade. At the discretion of the Planning Board, a smaller loading space may be permitted if justified by the applicant based upon the type of use and type and frequency of vehicles servicing the facility.

Office buildings shall provide an appropriate location(s) within any yard area for parcel delivery and pick-up in a manner that will not negatively impact internal traffic flow.

Additional loading and unloading spaces may be necessary and required dependent upon the specific activity.

Off-street loading shall be permitted in the side and/or rear yard but in no case shall it be located closer than 10 feet to a property line. There shall be no loading or unloading within the street. Off-street loading within the front yard is prohibited.

Parking Lot, Loading and Utility Area Landscaping.

Except for detached single-family and two family dwelling units, a screen planting, berm, fence, wall or combination thereof, no less than three feet in height, shall be provided between the off-street parking areas, including drive-through lanes and interior drives running parallel to other roads) and any lot line or street line except where a building intervenes. Parking lot street frontage screening and perimeter screening shall be a minimum of five feet wide.

All loading areas shall be landscaped and screened sufficiently to obscure the view of parked delivery vehicles, loading platforms and loading activities from any lot line or street line throughout the years. Such screening shall be an extension of the building, a fence, berm, wall, planting or combination thereof and shall not be less than six feet in height.

In parking lots, at least 5% of the total square footage of interior parking area, including accessways, shall be landscaped with shrub plantings. Such landscaped areas shall be distributed throughout the parking area in order to break the view of parked cars in a manner not impairing visibility. In parking lots containing more than 100 vehicles, at least 8% of the interior parking area shall be landscaped.

One shade tree measuring a minimum of 2.5 to 3 inch caliper shall be provided in the vicinity of the parking lot for every five parking spaces. This provision excludes trees required for landscape buffers or street tree planting. Trees types shall be selected from Section 30-123C(1)(a) of this Ordinance. Nine feet wide curbed plating islands shall be placed at the end of each parking bay. Such islands shall also be required to separate any parking bay exceeding 25 spaces in a row.

Landscaping within parking lots shall not obstruct the view of approaching vehicles. Shrubs within sight lines shall not exceed a mature height of 30 inches.

Interior parking layout and landscaping shall, insofar as possible, be used to delineate and guide major traffic movement within the parking area so as to prevent cross-space driving.

The view of utility areas, mechanical equipment, transformers and meters shall be screened from adjoining lots and street lines with landscaping. Open access to the equipment shall be maintained.

Trash and recycling containers shall be screened from view from any lot line or street line with six foot high gated wood fence and landscaping or six foot high masonry wall and landscaping.

Solid Waste and Recyclables.[1]

All developments shall provide for adequate disposal of solid waste and provisions for handling recyclable materials.

For nonresidential uses and multi-family developments there shall be at least one location for trash disposal and recyclable material situated either within a building or within the side or rear yard. Solid waste and recycling storage areas shall be set back a minimum of 10 feet from adjoining property lines and are prohibited within the front yard.

For any development proposal of 50 or more single-family detached dwelling units, or 25 or more units of multi-family dwellings, and for any commercial or industrial development proposal for the utilization of (1,000) square feet or more of land, the location and number of recycling containers, and the collection and disposition of recyclables must be provided for and approved of by the Board.

Exterior trash and recyclable containers shall be fully screened with a gated enclosure constructed of board on board fence or similar material. The distance between opposite boards separated by a rail/beam shall not exceed two inches. A one inch overlap of opposite boards shall be provided. The enclosure shall not exceed a six foot height and shall be buffered from within the site and from adjoining properties and streets with plant material.

Adequate access shall be provided to a solid waste and recycling storage facility.

Editor's Note: See also 30-123O, Recycling Plan.

§ 30-115.2 CONDITIONAL USES.

Application for conditional use. Before a building permit or certificate of occupancy shall be issued for any conditional use as permitted by this Ordinance, application shall be made to the Planning Board. The Planning Board may approve a conditional use only if all requirements hereinafter set forth have been met and that all other terms and conditions of this Ordinance and all applicable Borough Ordinances have been satisfied.

In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The Planning Board shall give due consideration to all reasonable elements which could affect the public health, safety and welfare including, but not limited to, the nature of the proposed use, the character of the area, traffic, access, noise, odors, lighting, signage, landscaping, drainage, sewage treatment and potable water supply.

Accordingly, the following conditional uses are allowed in the zones designated pursuant to N.J.S.A. 40:55D-67. The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by developer to the Planning Board or, within such further time as may be consented to by the applicant.

The review by the Planning Board of a conditional use shall include the required site plan or subdivision review pursuant to this Ordinance. The time period for action by the Planning Board on conditional uses pursuant to this section shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Planning Board Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of written endorsement or other evidence of approval, herein required, and shall be so accepted by the Construction Official for the purposes of issuing a building permit.

Whenever review or approval of the application by the Somerset County Planning Board is required by N.J.S.A. 40:27-6.3 in the case of a subdivision or N.J.S.A. 40:27-6.6 in the case of a site plan, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Somerset County Planning Board or approval by the Somerset County Planning Board by its failure to report thereon within the required time period.

Institutional Uses.

An institutional use as defined in Section 30-103 is permitted as a conditional use in specified zone districts provided that the following requirements are met:

Before any development approvals, construction permits, or certificates of occupancy, a site plan shall be submitted to and approved by the Planning Board.

The minimum lot area shall be two acres or the minimum lot size for the zone, whichever is larger.

The minimum frontage shall be 200 feet.

The maximum impervious surface coverage including buildings and parking lots shall be 50%.

No building shall exceed the height limitations of the zone district in which it is located except as otherwise permitted in this Ordinance.

One sign not to exceed 24 square feet in area shall be permitted. No sign shall be closer than 30 feet to a property line and 10 feet to a road right-of-way.

Parking, landscaping, lighting and other applicable design standards shall be provided in accordance with the provisions of this Ordinance.

Such off-street parking shall be developed to the rear and/or side yard of the property with not more than 25% in any required front yard, and shall be set back at least 25 feet from all property lines and shall be suitably screened from all adjoining residences by a planted buffer area of not less than 25 feet which may contain a fence or evergreen planting as needed to provide a suitable year round buffer screening as approved by the Planning Board. Documentation of the anticipated parking demand shall be provided. Upon review, the Board may either allow a reduction in parking or require additional parking spaces.

Home Occupations/Offices.

The provisions of this section are intended to apply to any occupation office use conducted in a dwelling unit by the principal resident. The home occupation/office shall be subordinate to and conducted as an accessory use to the residential use.

The conduct and operation of the home office shall not adversely affect the safe, comfortable enjoyment of property rights by adjoining landowners.

Such occupation office shall be contained entirely within the residential structure on the premises and shall not exceed 25% of the total floor area of the structure or 500 square feet, whichever is less.

There shall be no display of goods offered for sale in connection with such occupation which is visible from any street or adjoining lot.

Retail sales, manufacturing, processing and fabrication are prohibited. No equipment or process shall be used in such employment or occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot; and in the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the lot or causes fluctuations in line voltage off the lot.

No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes.

All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district. Parking shall also be limited to what is normally associated with other residential uses in the zone district. Formal parking lots are prohibited.

There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including, but not limited to, parking, storage, lights or signs.

Delivery and pickup trucks shall be limited to U.S. Postal Service and commercial carriers or delivery services providing regular service to residential uses in the zone district. Tractor trailer deliveries are prohibited.

[9]

The conditional use approval shall terminate with any change in ownership of the property.

Wireless Communication Facilities.

[Added 7-3-2002 by Ord. No. 2002-183]

Wireless communication facilities as defined in Section 30-103 are permitted as conditional uses in specified zone districts provided that the following requirements are met:

Location, Visibility, and Height of Antennae. The antennae and support structure may be located only:

Within the steeple of the church situated on Block 8, Lot 4 in the R-2 Zone District and shall not be externally visible; or

On an existing electrical transmission tower located within the Public Service Electric and Gas easement located in the R-A Zone District or on a monopole within such transmission towers, provided that neither the antennae nor the monopole may be more than 10 feet higher than the top of the transmission tower.

Location and Design of Equipment Compound Servicing Antennae Within Church Steeple. Equipment servicing antennae within a church steeple shall either be located within the basement of the existing church; in an addition to the church, the addition being of the same style, material, and colors of and architecturally compatible with the church; or in a separate equipment compound on the same lot. In the case of a compound:

The architectural design of the supporting equipment building shall reflect the style of and be architecturally compatible with the church and shall use the same materials and colors. The building shall not exceed one story and 12 feet in height and 200 square feet.

The compound shall be no greater in size than the minimum necessary to support the equipment building, but in no event greater than 1,000 square feet.

All utilities servicing the equipment building and connecting the equipment building and antennae shall be underground.

The equipment compound fencing shall be as unobtrusive as possible.

Landscaping shall be provided, on the outside of any compound fence, so that, by use of berming and shrubs, trees, and other landscaping, the compound is fully screened from all adjoining properties and public rights-of-way. Existing vegetation shall be preserved to the maximum extent practicable.

Location and Design of Equipment Compound Servicing Antennae on Electrical Transmission Tower or on Monopole Within an Electrical Transmission Tower. A compound housing equipment servicing wireless communication antennae on electrical transmission towers or on monopoles within electrical transmission towers shall comply with the following:

The compound shall be as close to the base of the tower as possible, and its area shall not exceed 1,000 square feet.

The supporting equipment building shall incorporate a peaked roof and high quality building material; shall have a residential or barn-like character; shall not exceed one story and 12 feet in height; and shall not exceed 200 square feet in gross floor area.

The visual impact of the equipment compound shall be mitigated for nearby viewers through landscaping or other screening materials. Landscaping shall be installed, on the outside of any compound fence, so that, by use of berming and shrubs, trees, and other landscaping, the compound is fully screened from all adjoining properties and public rights-of-way. Existing vegetation shall be preserved to the maximum extent practicable.

Standards Applicable to Equipment Compounds Servicing Both Antennae in Church Steeple and on Electrical Transmission Towers or on Monopoles Within Them.

All equipment compounds and buildings shall be subject to the minimum setback requirements in the zone district.

Access shall be from established site access points if possible.

No lighting shall be provided for equipment compounds or buildings except for security lighting at the entrance. In such case, the fixtures shall be attached to the facility, shall be focused downward, and shall be on a motion sensor so that the light is turned off when not needed for security purposes.

No more off-street parking may be provided than is absolutely necessary to service the facility.

Standards Applicable to Monopoles Within Electrical Transmission Towers and Antennae on Such Towers or on Monopoles Within Them.

The antennae shall not be lighted except as required by the Federal Aviation Administration, and in such case the least intrusive means of lighting shall be used.

A monopole installed within an electrical transmission tower shall have the same finish as the electrical transmission tower.

The Borough Council may require periodic inspections of monopoles installed within electrical transmission towers or antennae on electrical transmission towers at least once every ten years. They shall be conducted at the applicant's expense by an engineer licensed to practice in the State of New Jersey. The results of such inspection shall be provided to the Borough Engineer. Based upon the results of an inspection, the Council may require repair or removal of a communication tower.

Monopoles within electrical transmission towers and antennae and support structures therefor shall comply with Electronic Industries Association/Telecommunications Industries Association 22 Revision F Standard ("Structural Standards for Steel Antenna Towers and Antenna Supporting Structures") as it may be updated or amended.

Documentation shall be provided by a qualified expert that any proposed monopole or existing electrical transmission tower will have sufficient structural integrity to support the proposed antennae and any anticipated future collocated antennae and that the structural standards developed for antennae by the Electronic Industries Association and the Telecommunication Industry Association have been met.

Other Standards Applicable to Antennae in a Church Steeple or on Electrical Transmission Towers or Monopoles Installed within Them.

Each applicant shall include either a preliminary or a certified statement that the wireless communication facilities, including reception and transmission functions, will not interfere with the usual and customary transmission or reception of radio, television, and other radio frequency transmissions and service enjoyed by emergency services of and residential and nonresidential properties within the Borough. In the event that only a preliminary statement is submitted with the application, a final, certified statement of noninterference shall be provided prior to the issuance of a building permit. The statement shall be prepared by an engineer licensed to practice in the State of New Jersey or other professional acceptable to the Borough and shall be subject to the review and approval of the Borough Engineer.

Each application for the installation of wireless communication facilities shall include written approval or a statement of no objection from Federal, State, or County Agencies having jurisdiction over same.

Any wireless communication facility that is not operated for a continuous period of 12 months shall be considered abandoned. The applicant or its successor or owner of the property shall remove same within 90 days of notice from the Zoning Officer that the facility is abandoned. If such facility is not removed within said 90 days, the municipality may remove such facility at the expense of the applicant or its successor and owner of the property. If the facility is to be retained, the applicant or its successor or owner of the property shall establish that it will be reused within one year of such discontinuance. If the applicant or its successor or owner of the property makes such demonstration, the facility may be retained. If it is not used within one year, however, a demolition permit shall be obtained by the applicant or its successor or owner of the property and the facility shall be removed. At the discretion of the Zoning Officer, upon good cause shown, the one year reuse period may be extended for a period not to exceed one additional year.

The applicant, or applicant's successor, and the owner of the property shall provide a performance bond or other assurances satisfactory to the Planning Board, in a form approved by the Board Attorney, that will assure that the wireless communication facilities, including the antennae and their support structure, the equipment compound, any monopole, and all other related improvements to the land, will be removed, at no cost to the Borough, when the antennae are no longer operative. The surety shall specifically provide that the Borough may call or use the surety without notice to the applicant and its successors or to the owner upon their failure to remove the wireless communication facilities in a timely manner.

§ 30-115.3 FENCES, WALLS AND RETAINING WALLS.

Fences and walls shall be erected where required for privacy, screening, separation, security or to serve other necessary and reasonable function. The design and material used shall be functional and compatible with existing and proposed site architecture. No fence or wall shall be constructed or installed so as to constitute a hazard to traffic or safety.

No fence or wall which exceeds four feet in height shall be constructed or maintained between the road right-of-way line and the front foundation wall of the principal building. In the case of corner lots, such restrictions shall apply to both street frontages. No fence or wall shall exceed six feet in height within the side or rear yards.

No fence shall be erected of barbed wire, topped with metal spikes, nor constructed of any material or in any manner which may be dangerous to persons or animals. Fences permitted for commercial, industrial and agricultural uses shall not exceed a six foot height.

A fence or wall exceeding six feet in height may be permitted upon application to the Planning Board and a granting of a variance for the same in accordance with N.J.S.A. 40:55D-70(c). Additionally, any retaining wall exceeding six feet in height from the lowest elevation of the finished grade to the top of the retaining wall shall also require site plan approval from the Planning Board in addition to a variance as set forth in the preceding sentence.

The finished side of fences shall face adjacent properties.

No chain link fence shall be constructed in any residential zone except the chain link fences around pools or dog runs, or shall be permitted provided the fence is within 10 feet of the property line.

Where provided, board on board fence shall be constructed with opposing boards separated by a rail/beam no more than two inches in width. Opposite boards shall have a minimum one inch overlap.

Any safety fence along the top of any retaining wall shall be built and provided in accordance with all applicable building codes, regulations, ordinances and statutes.

No retaining wall shall be permitted within the right-of-way. No retaining wall over four feet in height shall be located within five feet of a property line.

With respect to any retaining wall for which site plan approval is not required as set forth in paragraph D above, a building permit shall be obtained after submission of design calculations and approval of the same by the Construction Official or his designee.

§ 30-115.4 FLOOD DAMAGE PREVENTION.

(Ord. 2005; amended 9-28-2007 by Ord. No. 2007-006, 10-17-2016 by Ord. No. 2016-004)

Statutory authorization, findings of fact, purpose and objectives.

Statutory Authorization.

The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1, et seq., delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety, and general welfare of its citizenry. Therefore, the Borough Council of the Borough of Millstone of Somerset County, New Jersey does ordain the following.

Findings of Fact.

The flood hazard areas of the Borough of Millstone are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, causes damage in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

Statement of Purpose.

It is the purpose of this Section 30-115.4 to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

Protect human life and health;

Minimize expenditure of public money for costly flood control projects;

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

Minimize prolonged business interruptions;

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, bridges located in areas of special flood hazard;

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

Ensure that potential buyers are notified that property is in an area of special flood hazard; and

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

Methods of Reducing Flood Losses.

In order to accomplish its purposes, this Section 30-115.4 includes methods and provisions for:

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

Requiring that uses vulnerable to floods including facilities which serve such uses, be protected against flood damage at the time of initial construction;

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

Controlling filling, grading, dredging, and other development which may increase flood damage; and,

AREA OF SPECIAL FLOOD HAZARD

Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.

AO ZONE

Areas subject to inundation by 1%-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.

AH ZONE

Areas subject to inundation by 1%-annual-chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Base Flood Elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.

APPEAL

A request for a review of the Zoning Officer's interpretation of any provision of this section or a request for a variance.

AREA OF SHALLOW FLOODING

A designated AO or AH zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a 1% annual or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone V, VE, V1-30, A, AO, Al-A30, AE, A99, or AH.

BASE FLOOD

A flood having a 1% chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION (BFE)

The flood elevation shown on a published Flood Insurance Study (FIS) including the Flood Insurance Rate Map (FIRM). For zones AE, AH, AO, and A1-30 the elevation represents the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year. For zones VE and V1-30 the elevation represents the stillwater elevation (SWEL) plus wave effect (BFE = SWEL + wave effect) resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.

BASEMENT

Any area of the building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALL

A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

CUMULATIVE SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure that equals or exceeds 50% of the market value of the structure at the time of the improvement or repair when counted cumulatively for 10 years.

DEVELOPMENT

Any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.

DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)

The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

ELEVATED BUILDING

A non-basement building (i) built, in the case of a building in an Area of Special Flood Hazard, to have the top of the elevated floor elevated above the base flood elevation plus freeboard by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an Area of Special Flood Hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

EROSION

The process of the gradual wearing away of land masses.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

FLOOD OR FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of inland or tidal waters, and/or

FLOOD INSURANCE RATE MAP (FIRM)

The unusual and rapid accumulation or runoff of surface waters from any source.

The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS)

The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.

FLOODPLAIN MANAGEMENT REGULATIONS

Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without accumulatively increasing the water surface elevation more than 0.2 foot.

FREEBOARD

A factor of safety usually expressed in feet above a flood level for purposes of flood plain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.

HISTORIC STRUCTURE

Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved State program as determined by the Secretary of the Interior; or

MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION

Directly by the Secretary of the Interior in States without approved programs.

LOWEST FLOOR

The lowest floor of the lowest enclosed area [including basement]. An unfinished or flood resistant enclosure, useable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable non-elevation design requirements of 44 CFR Section 60.3.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.

RECREATIONAL VEHICLE

A vehicle which is [i] built on a single chassis; [ii] 400 square feet or less when measured at the longest horizontal projections; [iii] designed to be self-propelled or permanently towable by a light duty truck; and [iv] designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

START OF CONSTRUCTION

For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348) includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.

Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE

A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. Substantial Damage also means flood-related damages sustained by a structure on two or more separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market valve of the structure before the damages occurred,

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure during a 10-year period the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. Substantial improvement also means "cumulative substantial improvement." This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed or "repetitive loss." The term does not, however, include either:

Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

VARIANCE

A grant of relief from the requirements of this section that permits construction in a manner that would otherwise be prohibited by this section.

VIOLATION

The failure of a structure or other development to be fully compliant with this section. A new or substantially improved structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

General provisions.

Land to Which this Section Applies.

This section shall apply to all areas of special flood hazards within the jurisdiction of the Borough of Millstone, Somerset County, New Jersey.

Basis for Establishing the Areas of Special Flood Hazard.

The areas of special flood hazard for the Borough of Millstone, Community No. 340438, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

A scientific and engineering report "Flood Insurance Study, Somerset County, New Jersey (All Jurisdictions)" dated November 4, 2016.

"Flood Insurance Rate Map for Somerset County, New Jersey (All Jurisdictions)" as shown on Index and panel(s) 34035C0163F, 34035C0164F, 34035C0251E, 34035C0252F, whose effective date is November 4, 2016.

The above documents are hereby adopted and declared to be a part of this section. The Flood Insurance Study, maps and advisory documents are on file at 1353 Main Street, Millstone Borough, New Jersey 08844.

Penalties for Noncompliance.

No structure or land shall hereafter be constructed, re-located to, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,250 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Borough of Millstone, from taking such other lawful action as is necessary to prevent or remedy any violation.

Abrogation and Greater Restrictions.

This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Interpretation.

In the interpretation and application of this section, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and,

Deemed neither to limit nor repeal any other powers granted under State statutes.

Warning and Disclaimer of Liability.

The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.

This section shall not create liability on the part of the Borough of Millstone, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

Administration.

Establishment of Development Permit.

A Development Permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in paragraph C(2). Application for a Development Permit shall be made on forms furnished by the Zoning Officer and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

Elevation in relation to mean sea level to which any structure has been floodproofed.

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in paragraph E(2)(b); and,

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

Designation of the Local Administrator.

The Zoning Officer is hereby appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions.

Duties and Responsibilities of the Administrator.

Duties of the Zoning Officer shall include, but not be limited to:

Permit Review:

Review all development permits to determine that the permit requirements of this section have been satisfied.

Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.

Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of paragraph E(3)(a) are met.

Use of Other Base Flood and Floodway Data.

When base flood elevation and floodway data has not been provided in accordance with paragraph C(2), Basis for Establishing the Areas of Special Flood Hazard, the Zoning Officer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer paragraph E(2)(a), Specific Standards, Residential Construction, and paragraph E(2)(b), Specific Standards, Nonresidential Construction.

Information to be Obtained and Maintained.

Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

For all new or substantially improved floodproofed structures:

Verify and record the actual elevation (in relation to mean sea level); and

Maintain the floodproofing certifications required in paragraph D(1)(c).

Maintain for public inspection all records pertaining to the provisions of this section.

Alteration of Watercourses.

Notify adjacent communities and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section and the Land Use Regulation Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood carrying capacity is not diminished.

Substantial Damage Review.

After an event resulting in building damages, assess the damage to structures due to flood and non-flood causes.

Record and maintain the flood and non-flood damage of substantial damage structures and provide a letter of Substantial Damage Determination to the owner and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section.

Ensure substantial improvements meet the requirements of paragraph E(2)(a), Specific Standards, Residential Construction, and paragraph E(2)(b), Specific Standards, Nonresidential Construction.

Interpretation of FIRM Boundaries.

Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in paragraph D(4).

Variance Procedure.

Appeal Board.

The Planning Board as established by Borough Council shall hear and decide appeals and requests for variances from the requirements of this section.

The Planning Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Zoning Officer in the enforcement or administration of this section.

Those aggrieved by the decision of the Planning Board, or any taxpayer, may appeal such decision to the Superior Court of New Jersey.

In passing upon such applications, the Planning Board, shall consider all technical evaluations, all relevant factors and standards specified in this section, and:

The danger that materials may be swept onto other lands to the injury of others;

The danger to life and property due to flooding or erosion damage;

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

The importance of the services provided by the proposed facility to the community;

[e]

The necessity to the facility of a waterfront location, where applicable;

[f]

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

[g]

The compatibility of the proposed use with existing and anticipated development;

[h]

The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;

[i]

The safety of access to the property in times of flood for ordinary and emergency vehicles;

[j]

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and,

[k]

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

Upon consideration of the factors of paragraph D(4)(a)[4] and the purposes of this section, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.

The Zoning Officer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.

Conditions for Variances.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items [a]—[k] in paragraph D(4)(a)[4] have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Variances shall only be issued upon:

A showing of good and sufficient cause;

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and,

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in paragraph D(4)(a)[4], or conflict with existing local laws or ordinances.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

Provisions for flood hazard reduction.

General Standards.

In all areas of special flood hazards, compliance with the applicable requirements of the Uniform Construction Code (N.J.A.C. 5:23) and the following standards, whichever is more restrictive, is required:

Anchoring.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

All manufactured homes to be placed or substantially improved shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

Construction Materials and Methods.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

Utilities.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters;

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and

For all new construction and substantial improvements the electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

Subdivision Proposals.

All subdivision proposals and other proposed new development shall be consistent with the need to minimize flood damage;

All subdivision proposals and other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

All subdivision proposals and other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and,

Base flood elevation data shall be provided for subdivision proposals and other proposed new development which contain at least 50 lots or five acres (whichever is less).

Enclosure Openings.

All new construction and substantial improvements having fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings in at least two exterior walls of each enclosed area, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other covering or devices provided that they permit the automatic entry and exit of floodwaters.

Specific Standards.

In all areas of special flood hazards where base flood elevation data have been provided as set forth in paragraph C(2), Basis for Establishing the Areas of Special Flood Hazard or in paragraph D(3)(b), Use of Other Base Flood Data, the following standards are required:

Residential Construction.

New construction and substantial improvement of any residential structure located in an A or AE zone shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities, elevated at or above the base flood elevation plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;

Require within any AO or AH zone on the municipality's FIRM that all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities, elevated above the depth number specified in feet plus one foot, above the highest adjacent grade (at least three feet if no depth number is specified). And, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

Nonresidential Construction.

In an Area of Special Flood Hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure located in an A or AE zone shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities:

either

Elevated to or above the base flood elevation plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive; and

Require within any AO or AH zone on the municipality's DFIRM to elevate above the depth number specified in feet plus one foot, above the highest adjacent grade (at least three feet if no depth number is specified). And, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures;

Be floodproofed so that below the base flood level plus one foot or as required by ASCE/SET 24-14, Table 6-1, whichever is more restrictive, the structure is watertight with walls substantially impermeable to the passage of water;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,

[e]

Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in paragraph D(3)(c)[2][b].

Manufactured Homes.

Manufactured homes shall be anchored in accordance with paragraph E(1)(a)[2].

All manufactured homes to be placed or substantially improved within an area of special flood hazard shall:

Be consistent with the need to minimize flood damage,

Be constructed to minimize flood damage,

Have adequate drainage provided to reduce exposure to flood damage; and,

Be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive.

Floodways.

Located within areas of special flood hazard established in paragraph C(2) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

If paragraph E(3)(a) is satisfied, all new construction and substantial improvements must comply with paragraph E., Provisions for Flood Hazard Reduction.

In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the accumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 of a foot at any point.

§ 30-115.5 DESIGN REQUIREMENTS APPLICABLE TO SPECIFIC DISTRICTS:.

South River Street, North Main Street Residential Receiving, South Main Street-Amwell Road Existing Commercial, And North Main Street-Amwell Road Commercial Districts

The following design standards shall apply to the South River Street, North Main Street Residential Receiving, South Main Street-Amwell Road Existing Commercial, and North Main Street-Amwell Road Commercial Districts:

Green space requirements and maximum impervious surfaces.

A landscaped green space of at least five feet in width shall be designated and maintained along any property line which directly abuts public lands. Such green space shall be landscaped in accordance with a landscape plan that will provide a full, dense, all-season screen that shall achieve a minimum height of 10 feet within 10 years after the initial planting.

Within the Districts, a variety of green spaces shall be designed to complement the nonresidential development. A minimum of 10% of the total site area shall be designated, landscaped, and maintained as green space.

It shall be the responsibility of the landowner to obtain all necessary slope easements to maximize the development potential for each commercial lot within the Plan area.

The maximum allowable amount of impervious surface for any commercial development shall be 80% of the gross area of the lot.

Streets, alleys and accessways.

Streets, alleys and accessways shall form an interconnected vehicular circulation network to the maximum extent practicable.

County Route 514 shall be widened to a width sufficient to provide for on-street parking on both sides of the street for the portion of the road as exists within the Districts and for three travel lanes for a total minimum cartway width of 55 feet, unless a different dimension is authorized by the County.

To the extent practicable, traffic calming measures shall be installed along County Routes 514 and 532, including, but not limited to, bump-outs, pedestrian walkways, and median islands.

All off-street parking areas shall be placed at the rear or side of the buildings and shall have cross easements to adjoining properties to provide for linked parking lots.

Sidewalks and pathways.

Sidewalks of at least five feet six inches in width shall be constructed and maintained along all streets. Internal sidewalks shall be a minimum of five feet in width.

All sidewalks shall be brick to match the existing sidewalks within the Borough on Main Street.

Street trees and other landscaping.

Street trees shall be planted with an average spacing of 35 feet on all street frontages.

All landscaping and plantings shall comply with the Borough's landscaping design standards.

All street trees shall be planted within the right-of-way or within a five foot street tree landscape easement located adjacent the edge of the right-of-way.

Other landscaping elements in the form of perimeter buffers, screens, foundation plantings, fencing and perimeter walls are essential to the appearance of a traditional village commercial area and shall be subject to plan approval by the Planning Board upon consultation with the Millstone Borough Historic District Commission.

Nonresidential parking areas shall be buffered from the street by landscaping and/or compatible fencing or walls.

Along all sidewalks, ornamental street post lights shall be placed at a minimum spacing of 80 feet unless greater spacing shall be permitted by the Planning Board. The design of such lights shall be subject to review and approval by the Planning Board upon consultation with the Millstone Borough Historic District Commission.

Building design.

The buildings in the Districts shall be subject to review and recommendations by the Millstone Borough Historic District Commission and the approval of the Borough Planning Board.

Building Frontages: All building facades fronting along a street shall have window and door openings facing the street. For all building facades facing a parking area, or the rear of the building, secondary windows and doors facing the parking or rear service area are required. At a minimum, there shall be some kind of articulation to mimic the scale of windows and doors as provided on the front facades.

Building Forms: Where an existing building is to be reused and its design is nonconforming, every effort shall be made to change the detail of the roofline to eliminate an existing flat roofline, and enhance the canopy, window and door treatment to break up the expansive length of the building.

Roof Design: All buildings shall have pitched roofs, with either overhangs or cornices on all sides extending a minimum of 12"beyond the building wall. A variety of ridge heights and/or dormers, masonry chimneys and cupolas shall be included in the design of the buildings. Except for porch roofs, all gable roofs shall have a minimum pitch of 9/12 (vertical/horizontal), and all hipped roofs shall have a minimum pitch of 6/12. Roofing materials shall vary on buildings to feature porches, cupolas, or bay windows. Flat roofs are prohibited.

Building Materials: Roofing may be fiberglass architectural shingles that represent slate or wood, artificial slate or shakes, wood shakes, or metal. Siding may be a combination of brick, architectural or real stone, stucco, and concrete or wood siding. EIFS (exterior insulation finishing systems, such as Dryvit) and aluminum and vinyl siding and shutters are prohibited. Windows shall have detailed mullions and shutters with hardware.

Building Massing: Buildings shall be designed so that they appear to retain an average building size of 3,500 square feet. Larger buildings may be achieved by attaching multiple buildings that appear to be separate buildings that average 3,500 square feet, provided that no building shall have a building façade greater than 40 feet in length without a minimum of a three foot setback. (Note: An exception to this provision would be any inn, which shall not exceed 10,000 square feet in area.)

Off-street parking and parking lots.

Parking shall be located on-street to the maximum extent possible to provide the streetscape appearance that is traditional in the Borough and to serve as an insulator between moving vehicles and pedestrians walking along the adjoining sidewalks. On-street parking, when located in front of the parcel or in close proximity and on the same side of the street, may be used in calculating the minimum required parking.

Off-street parking lots shall be located to the rear or sides of buildings. Required parking can be accommodated either on-lot or off lot, provided that the required parking is within 300 feet of the intended use. All off-street parking that is off lot must include a parking agreement that is acceptable to the Borough to show that the parking will remain in place as long as the use or building remains.

Uses may share parking if it can be documented that the parking needed for an evening event or weekend use will not conflict with a daytime use, such as daily office use and evening restaurant and weekend restaurant use.

Parking lots not located in the floodplain shall use paved surfaces and appropriate design practices that minimize stormwater runoff.

Parking lots and/or garages shall not be the dominant aspect of the building design and/or the streetscape as viewed from the street.

The following minimum parking requirements shall apply:

Retail uses: 1 space per 250 sq. ft.

Office uses: 1 space per 300 sq. ft.

Restaurant/ Bar: 1 space per 50 sq. ft. of area accessible to the public

Inn room: 0.5 spaces per room

Residential: 0.5 spaces per dwelling unit

Service Station: 4 cars per service garage bay

All off-street nonresidential parking shall be visibly screened from existing and proposed streets by hedges, buffer plantings or similar elements.

Off-street loading areas, outdoor storage and trash disposal areas.

All loading areas and loading docks shall be located to the sides and rears of all buildings. Loading docks shall not be visible from public streets; however, loading areas may be designated as being on-street. There shall be one loading space per each 40,000 square feet of commercial space. It shall be demonstrated that loading vehicles can access a loading area without impacting upon any parking area. Loading areas shall be screened with a combination of fencing and evergreen landscaping to screen the loading areas from parking areas, the road, or access into apartments or retail establishments.

Outdoor storage or display of materials shall not be permitted.

Signs.

Signs shall be clearly visible to the pedestrian shopper.

Signs shall be sufficiently legible to the passing motorist.

Signs, as a group, shall create a vibrant and varied character that complements and enhances the varied buildings and unifies the streetscape within the village.

Signs shall be designed to maintain an overall historic theme for the Millstone Redevelopment Plan Area so that there is continuity within the district.

All signs shall be externally lit.

No sign shall be placed within a sight triangle area.

No use shall have more than two signs per street frontage and no more than one sign facing the parking area when located in the side or rear of the building; except for a service station located on a street corner, in which case there shall be no more than two signs for each facade facing a street plus one sign for each façade not facing a street.

The following signs are permitted:

One freestanding sign, provided that it is located no more than four feet from the building façade; that the bottom of the sign is at least eight feet above the sidewalk; and that the sign is no greater than eight square feet in area, except that for a building greater than 10,000 square feet, the area of the projecting sign shall be no greater than 12 square feet in area.

One sign painted on shop windows, provided it does not take up more than 40% of the window area;

One sign on an awning provided that it is located on the vertical face of the awning flap and prohibited on the angled portion of the canopy. Numbers and letters shall be no taller than six inches. Plastic, back-lit awning signs are prohibited.

One wall sign, provided that the sign is placed in a manner that does not hide the architecture of the building and the area of the sign is no larger than six square feet, except that for a building greater than 10,000 square feet, the area of the wall sign shall be no greater than 25 square feet.

One freestanding sign for a service station use only, provided that the sign shall not exceed a height of six feet as measured from the ground, and the area of the sign shall be no greater than nine square feet in area per each side.

Pedestrian-oriented directory signs may be permitted throughout the Area when located along a walking path or adjacent to a parking area. Any such directory sign shall include a map of the Borough commercial center, shall identify all of the uses within the commercial center, and may include space to advertise civic or special events. The total area of the directory sign shall be no greater than eight square feet and the maximum height shall be six feet. A decorative canopy over the projecting sign is encouraged.

(11)

Directional signs shall not be permitted when they can be visible from any public open space.

(12)

All signs shall be shall be subject to review and approval by the Planning Board upon consultation with the Millstone Borough Historic District Commission.

Dimensional requirements for all commercial uses within the districts.

Front setback from right-of-way for principal buildings:

Front yard: 10 feet minimum; 35 feet maximum.

Awnings and porches may encroach into the front yard, but may not extend any closer than four feet from the right-of-way.

Side yards for principal buildings: 5 feet minimum.

Rear yards for principal buildings: 15 feet minimum setback for the principal building.

There shall be a minimum spacing of 10 feet between buildings.

Maximum lot coverage: The total footprint of any commercial building shall not exceed 40% of the total gross area of the lot on which it is constructed. Surface parking facilities shall not be considered to be part of the building footprint.

Maximum building height: 35 feet or two and one-half stories, whichever is less. Tower structures may be permitted provided that they do not exceed 45 feet in height.

Dimensional requirements for all residential uses within the plan area.

Front setback from right-of-way:

Principal buildings: 20 feet minimum, 25 feet maximum.

Accessory buildings: 40 feet minimum.

Side yards:

Principal buildings: 10 feet.

Accessory buildings: 10 feet.

Rear yards:

Principal buildings: 50 feet.

Accessory buildings; 10 feet.

Minimum lot size: 1/2 acre.

Minimum lot width at the minimum building setback line: 100 feet.

Maximum building heights: 35 feet or two and one-half stories, whichever is less.

Other design requirements.

All buildings within the Districts shall be served by public water supply and a public centralized sewage disposal system. Exception: In the event that public centralized sewage disposal is not available, the residential uses located in the North Main Street Residential Receiving District may have on-lot sewage disposal until such time as centralized sewage disposal becomes available.

All public utility lines and similar facilities servicing the Districts shall be installed underground.

All utilities shall be placed where they will not interfere with the placement of street trees or landscaping on the individual lots.

If the development is to be carried out in phases, each phase shall be so planned that the intent of the Development Ordinance and the Main Street Redevelopment Plan shall be fully complied with at the completion of any phase. Any phased development shall be fully described and defined on the site and subdivision plans.

All streets, whether public or private, shall have a right-of-way.

Drive-thru windows to service any use shall be prohibited on the front or sides of buildings within the Districts.