A.
All construction shall be performed in accordance with the details
and specifications of the municipality and the Standard Specifications
for Road and Bridge Construction of the New Jersey Department of Transportation.
B.
The developer shall employ a New Jersey licensed professional engineer
and/or architect to prepare all plans and specifications or similar
documents and a licensed land surveyor of New Jersey to make land
surveys.
C.
Construction shall be performed under the supervision and inspection
of the Board Consultant and/or Municipal Engineer in accordance with
the regulations defined elsewhere herein.
D.
Minor modifications or changes in the approved plans and specifications
may be effected only upon written approval of the Board Consultant,
but some changes may require further review and approval of the Planning
Board prior to making any change.
[Added 8-2-83 by Ord. No. 1100]
A.
The following design and performance standards shall be adhered to:
(1)
Accessory buildings.
[Amended 6-15-2011 by Ord. No. 10-2011]
(a)
Any accessory building attached to a principal building is part
of a principal building and shall adhere to the yard requirements
for the principal building.
(2)
Alcoholic and/or narcotic and/or drug abuse treatment center.
[Added 7-13-81 by Ord. No. 1066]
(a)
Full and unconditional written certification of the proposed
center shall be obtained from the New Jersey State Department of Health
and the Division of Narcotic and Drug Abuse Control, consistent with
the standards set forth in N.J.A.C. 8:63-1.1 et seq. and any amendments
adopted as prescribed by law, prior to the application for a municipal
building permit.
(b)
Full and unconditional written certification by the New Jersey
Department of Health of the conformance of the proposed center with
the Standards for Licensure of Free-Standing Ambulatory Care Programs
and Facilities shall be obtained prior to the application for a municipal
building permit.
(c)
(Reserved)
[Repealed 2-19-2014 by Ord. No. 1-2014]
(d)
All staff positions shall be identified as to title, function,
authority, hours and responsibility, minimal education and/or experience
requirements. Such identification shall be in writing and made available
to the governing body of the city upon demand. The center shall provide
verification of all staff credentials and/or other qualifications
to assure that they are as stated.
(e)
All individual programs and services of the center shall be
individually identified in writing, including a description of the
program, staff, admission requirements, statement of objectives, methodology
of delivery, personnel, requirements and procedure for evaluation
of program effectiveness.
(f)
The application for the treatment facility shall include written
approval of final architectural plans by the State Office of Health
Facility Construction and Monitoring, Division of Health Resources,
Department of Health.
(g)
The facility shall comply with all applicable provisions contained
in Chapters 136 and 138, Laws of 1971, Health Care Facilities Planning
Act, N.J.S.A. 26:2H-2 et seq., and any amendments adopted as prescribed
by law.
(h)
No health care facility shall be owned or operated by a person
convicted of a misdemeanor or a high misdemeanor relating adversely
to his/her capability of owning or operating that facility unless
that person is considered rehabilitated as stipulated in the Rehabilitated
Convicted Offenders Act, N.J.S.A. 2A:168A-1 et seq., and any amendments
adopted as prescribed by law.
(i)
All professional personnel shall be licensed or authorized under
the appropriate laws or regulations of the State of New Jersey.
(j)
The program director and medical director shall be specifically
designated at the time of the application.
(k)
Construction standards for new buildings and/or additions, alterations
and renovations to existing buildings for ambulatory health care facilities
shall be in accordance with the Uniform Construction Code and the
standards imposed by the United States Department of Health, Education
and Welfare (HEW), the Department of Health and the Department of
Community Affairs, specifically the HEW Minimum Requirements of Construction
and Equipment for Hospital and Medical Facilities.
(m)
A site plan prepared in accordance with Section 53-60 shall accompany each application for approval of the proposed use.
(n)
In addition to compliance with local fire ordinances, the center
shall meet the following minimum standards:
[1]
A fire procedure shall be established indicating the center's
fire detection system, fire alarm procedures and evacuation routes.
[2]
The center shall, in addition to the establishment of a fire
procedure, maintain operable fire extinguishers, evacuation route
signs, fire escapes and other such detection, evacuation and fire-fighting
equipment as required under local ordinances.
(o)
The proposed use shall conform to all bulk, design, buffering
and other requirements of the zone in which it is a conditional use,
except as otherwise set forth in this section.
(p)
The center shall provide for trash and garbage disposal, including provisions for storage in enclosed containers until removal, with the containers designed in conformance with Subsection A(25)(i) of this section.
(q)
Minimum site landscaping shall be not less than 10% of the gross site area, designed in conformance with Subsection A(5) of this section and based upon the submission and approval of a detailed landscape plan.
(r)
The center shall be a freestanding facility, with no other principal
use on the lot or structure under consideration.
(s)
A statement of the anticipated number of patient visits by day,
week, month and year shall be submitted, with supportive documentation.
(t)
The anticipated number of daily vehicular movements shall be
submitted, with differentiation between passenger vehicle, bus/van
and truck movements; peak hour trip generation data shall be provided,
based upon the findings of a comprehensive traffic study prepared
by a New Jersey professional engineer.
(u)
Off-street parking shall be provided at the rate of one space
for each 100 square feet of gross floor area, in addition to one space
per staff member.
(v)
(Reserved)
[Repealed 2-19-2014 by Ord. No. 1-2014]
(3)
Apartments and townhouses.
(a)
Each overall development shall have a compatible architectural
and landscaping theme with variations in design to provide attractiveness
to the development. Each project shall specify how each of the following
considerations has been incorporated into the overall plans: landscaping
techniques; building orientation to the site and to other structures;
topography; natural features such as wooded areas, drainage courses,
soil conditions and topographic relief, and building design features
such as varying unit widths, staggering [five feet] unit setbacks,
providing different exterior materials, changing roof lines and roof
designs, altering building heights, changing types of windows, shutters,
doors, porches and colors, and vertical or horizontal orientation
of the facades, singularly or in combination.
(b)
The configuration of structures may be any alignment that meets
the yard requirements and does not exceed the following overall or
component building lengths: 200 feet on one plane, 340 feet on the
second line of any angled building and 500 feet. The required passageway
between two structures which has a roof attached to both structures
shall be included in calculating these lengths. Structures, as measured
along the center line, shall provide one opening at ground level at
least every 150 feet. This opening shall be a minimum of 15 feet in
clear width and a minimum of 10 feet in clear height and located so
that the floor level is at an elevation of not more than eight inches
above or below the finished grade of the adjoining ground. The configuration
of townhouse structures may be any alignment that meets the yard requirements
but has not less than four nor more than six units in one overall
structure.
(c)
No dwelling unit shall have a living area level lower than the
finished grade along the front of the structure.
(d)
All required open space shall be improved for the purposes intended
as shown on the plan, with 50 feet between facing rear walls.
(e)
No development shall exceed the density specified in the zoning
provisions. No attached back-to-back units shall be permitted.
(f)
Recreational facilities within an apartment or townhouse development
may be located either in the designated open space or within the yard
areas of each structure, notwithstanding the fact that the recreational
facilities may overlap imaginary yard lines used to establish the
minimum distance between structures under this chapter. The specific
location of any recreational facilities shall give consideration to
the proximity of structures, type of recreational facility proposed,
expected noise level and evening illumination which may create a possible
nuisance for residents, and expected pedestrian and bicycle traffic
across major interior roads and driveways.
Editor's Note: See the Bulk Schedule Requirements included as an attachment to this chapter.
(4)
Blocks.
(a)
Block length, width and acreage shall be sufficient to accommodate
the size of lot required in that zoning district and to provide for
convenient access, circulation control and traffic safety.
(b)
Blocks of 1,000 feet long in residential areas shall be discouraged,
but where they are used, pedestrian crosswalks and/or bikeways between
lots may be required in locations deemed necessary by the approving
authority and shall be at least eight feet wide and be straight from
street to street. Blocks over 1,000 feet in residential areas shall
be prohibited. For commercial and industrial uses, block lengths shall
be sufficient to meet area and yard requirements for such uses and
to provide proper street access and circulation patterns.
(5)
Buffers.
(a)
Buffer areas shall require site plan approval and are required
along all lot lines and street lines which separate a nonresidential
use from either an existing residential use or residential zoning
district. Buffer areas shall be developed in an aesthetic manner for
the primary purposes of screening views and reducing noise perception
beyond the lot. Buffer widths shall be measured horizontally and perpendicularly
to lot and street lines. No structure, activity, storage of materials
or parking of vehicles shall be permitted in a buffer area. The standards
for the location and design of buffer areas are intended to provide
flexibility in order to provide effective buffers. The location and
design of buffers shall consider the use of the portion of the property
being screened, the distance between the use and the adjoining property
line, differences in elevations, the type of buffer such as dense
planting, existing woods, a wall or fence, buffer height, buffer width
and other combinations of man-made and natural features. The buffer
shall be designed, planted, graded, landscaped and developed with
the general guideline that the closer a use or activity is to a property
line or the more intense the use, the more effective the buffer area
must be in obscuring light and vision and reducing noise beyond the
lot, as determined by the administrating Board.
(b)
A minimum of 1/2 of the periphery that requires a buffer shall
have a buffer at least 10 feet wide which shall be designed, planted,
graded, landscaped and developed to obscure the activities of the
site from view. In addition, the periphery that requires a buffer
shall consist of at least the following: fencing or walls in a landscaped
area not less than 10 feet wide; a landscaped area with at least five
feet high growth. A building with a setback of at least 200 feet with
a grade of less than 20% shall have groups of plantings and trees
located within this setback area to enhance some architectural feature(s)
of the structure as well as offer a break to large open areas, but
with no other use permitted in this yard area. A parking area setback
shall be landscaped as required under the off-street parking provisions
of this chapter. If in the judgment of the approving authority any
of these alternate provisions will not provide sufficient buffers
for the portion of the site proposed, the approving authority may
require the site plan to be modified to show the extension of the
ten-foot buffer area outlined above or require that the proposed alternatives
be landscaped differently or be relocated until, in the approving
authority's judgment, they provide the desired buffering effect.
(c)
All buffer areas shall be planted and maintained with either
grass or ground cover, together with a screen of live shrubs or scattered-planting
live trees, shrubs or other plant material meeting the following requirements:
[1]
The preservation of all natural wooded tracts shall be an integral
part of all site plans and may be calculated as part of the required
buffer area, provided that growth is of a density and the area has
sufficient width to serve the purpose of a buffer. Where additional
plantings are necessary to establish an appropriate tone for an effective
buffer, said plantings may be required.
[2]
Plant materials used in screen plantings shall be at least three
feet in height when planted and be of such density as will obscure,
throughout the full course of the year, the glare of automobile headlights
emitted from the premises.
[3]
The screen planting shall be so placed that at maturity it will
not be closer than three feet to any street or property line.
[4]
Trees shall be at least eight feet in height and three inches
caliper when planted and be of species common to the area, be of balled
and burlapped nursery stock and be free of insects and disease.
[5]
Any plant material which does not live shall be replaced within
one year or one growing season.
[6]
Screen plantings and landscaping shall be broken at points of
vehicular and pedestrian ingress and egress to assure a clear-sight
triangle at all street and driveway intersections.
(6)
Churches. Churches may be permitted in those districts designated
in this chapter upon application for a permit and upon determination
by the approving authority that the following standards and conditions
are met:
(a)
A set of plans, specifications and plot plans shall be filed
with the approving authority, showing overall dimensions, topographic
conditions, the location and intended use of existing and proposed
buildings, the relationship of the proposed use to streets and adjacent
properties and other physical features which might act as a deterrent
to the general welfare.
(b)
Before issuing a permit, the approving authority shall determine
that the following standards are met:
[1]
The minimum lot area shall be 40,000 square feet and the minimum
frontage shall be 200 feet.
[2]
Off-street parking shall be provided at the ratio of one off-street
parking space for each eight seats in the church.
[3]
Driveways shall cross the sidewalk at right angles and shall
be no more than 24 feet wide at any point. Driveways must be at least
10 feet from any side lot line and 25 feet from the intersection of
the street lines. No more than two driveways shall be permitted for
each 250 feet of street frontage.
[4]
The approving authority shall determine that the site plan is
appropriate to the adjacent area. It may require buffers of foliage
if necessary to protect surrounding properties from the effect of
light or noise generated in connection with the use of the property.
Such buffer area shall be constructed in conformance with the provisions
of this chapter.
(7)
Corner lots. Any principal or accessory building located on a corner
lot shall have a minimum setback from one street line equal to the
required front yard, with the second front yard provided in accordance
with the prevailing yard pattern in the block. The remaining two yards
shall be considered side yards for the purpose of this chapter.
(8)
Curbs. Concrete curbs shall be installed along every street within
the development and at intersections with local roads, county roads
and state highways. The standard curb section to be used shall be
not more than 10 feet in length and shall be set in accordance with
approved lines and grades, and radial curbs shall be formed in an
arc segment, in a smooth curve. Chord segments are prohibited. Concrete
curbs shall be nine by six by twenty (9 x 6 x 20) inches (eight-inch
exposed face), using Class B concrete having a twenty-eight-day compressive
strength of 4,500 pounds per square inch, and shall be air entrained.
At locations specified by the approving authority, the curbing shall
be designed to provide a ramp for bicycles and/or wheelchairs. Curb
sections may deviate from the above section requirements when the
development abuts upon a county or state road, and then shall meet
the requirements of the specific authority.
(9)
Drainage. All streets shall be provided with stormwater inlets and
pipes where same may be necessary for proper surface drainage. The
system shall be adequate to carry off and/or store the stormwater
and natural drainage water which originates beyond the development
boundaries and passes through the development, calculated on the basis
of maximum potential development as permitted under this chapter.
No stormwater runoff or natural drainage water shall be so diverted
as to overload existing drainage systems or create flooding or the
need for additional drainage structures on other lands without proper
and approved provisions being made for taking care of these conditions,
including off-tract improvements. All drainage design and computation
factors shall be submitted to the Municipal Engineer for review and
approval.
(a)
The duration of a storm used in computing stormwater runoff
shall be the equivalent of the time required for water falling at
the most remote point of the drainage area to reach the point in the
drainage system under consideration.
(b)
The pipe size determined to be adequate for the runoff computed
shall be increased by a safety factor of at least one standard pipe
size for the type of pipe being used in order to provide adequate
allowance for the normal accumulation of sediment and debris in the
storm drainage system but no less than 15 inches in diameter.
(c)
Inlets shall be located at intersections where possible and
located in streets with inlets on both sides of the street at intervals
of not more than 400 feet or such shorter distances as required to
prevent the flow of surface water from exceeding five cubic feet per
second at the inlet. Access manholes shall be placed at maximum five-hundred-foot
intervals throughout the system and at pipe junctions where there
are no inlets and at each pipe direction change, either horizontally
or vertically.
(d)
Dished gutters shall not be permitted.
(e)
Storm drain pipes running longitudinally along streets shall
not be located under curbing and/or sanitary sewers.
(f)
Storm drain pipes shall be reinforced concrete pipe in all cases
and shall be of the size specified and laid to the exact lines and
grades approved by the Municipal Engineer. Reinforced concrete pipe
shall conform to ASTM specifications C76-61 Class IV. Joints shall
be made with O-ring rubber gaskets or as approved by the Municipal
Engineer.
(g)
For all developments, blocks and lots shall be graded to secure
proper drainage away from all buildings and to prevent the collection
of stormwater in pools and to avoid concentration of stormwater from
each lot to adjacent lots.
(h)
Land subject to periodic or occasional flooding as identified
by the Flood Hazard Boundary Map produced by United States HUD shall
not be designed for residential occupancy nor for any other purposes
which may endanger life or property or aggravate the flood hazard.
Such land within a lot shall be considered for open spaces, yards
or other similar uses in accordance with floodplain regulations as
established by the NJDEP.
(i)
Where any development is traversed by a watercourse, surface
or underground drainageway or drainage system, channel or stream,
there shall be provided and dedicated a drainage right-of-way easement
to the municipality conforming substantially with the lines of such
watercourse, and such further width or construction, or both, as will
be adequate to accommodate expected stormwater runoff in the future
based upon reasonable growth potential in the municipality and, in
addition thereto, a minimum of 15 feet beyond the bank top on at least
one side for access to the drainage right-of-way and, in any event,
meeting any minimum widths and locations shown on any adopted official
map or master plan or as required elsewhere in this chapter.
(10)
Easements.
(a)
Easements along rear property lines or elsewhere for utility
installations may be required. Such easements shall be at least 15
feet for one utility and five additional feet for each additional
utility and be located in consultation with the companies or municipal
departments concerned and, to the fullest extent possible, be centered
on or adjacent to rear or side lot lines.
(b)
The boundary line of any easement shall be monumented at its
intersection with all existing or proposed street lines. Such easement
dedication shall be expressed on the plat as follows: "_____ easement
granted to this municipality as provided for in this Development Ordinance."
(11)
Fences, walls, hedges. Fences and walls shall not be located
in any required sight triangle. Fences may be erected, altered or
reconstructed in accordance with the following regulations and in
accordance with all other provisions of this chapter:
(a)
Hedges running parallel to the front property line may be erected,
altered or reconstructed to a height not to exceed two and one-half
(2 1/2) feet above ground level toward which the front entrance
of any dwelling in a residential zone faces.
(b)
Fences and walls running parallel to the front property line
may not be erected, altered or reconstructed, except that fences,
walls and hedges located parallel to the front property line and on
or behind the front building line may be erected to a height not to
exceed four feet above ground level or two and one half feet within
sight triangle.
(c)
Fences, walls and hedges running parallel to side or rear yard
lines may be erected, altered or reconstructed to a height not to
exceed six feet when located in said side or rear yards of any dwelling
in a residential zone.
(d)
The foregoing restrictions shall not be applied so as to prevent
the erection of any open wire fence not exceeding eight feet above
ground level anywhere within a public park, public playground or school
premises.
(e)
All fences, walls and hedges must be erected within the property
lines, and no fence, wall or hedge shall be erected so as to encroach
upon a public right-of-way.
(f)
All fences, walls and hedges shall be maintained in a safe,
sound and upright condition and presenting a uniform appearance.
(g)
If the Construction Official, upon inspection, determines that
any fence, wall or hedge or portion of any fence, wall or hedge is
not being maintained in a safe, sound or upright condition, he shall
notify the owner of such fence, wall or hedge in writing of his findings
and state briefly the reasons for such findings and order such fence,
wall or hedge or portion of such fence, wall or hedge repaired or
removed within 15 days of the date of the written notice.
(12)
Fire protection.
(a)
Provision shall be made for fire hydrants along streets, together
with connections, standpipe and sprinkler on the outside walls of
nonresidential structures as approved by the Municipal Fire Department
and Municipal Engineer and in accordance with Insurance Services Office
standards. Maximum lineal distance between fire hydrants on or in
the vicinity of the subject site shall be 500 feet. Such facilities
shall be constructed to the satisfaction of the Municipal Engineer
and Fire Department and in accordance with Insurance Services Office
standards.
(b)
Fire lanes 12 feet in width shall be required across the front
and rear of all new commercial and industrial uses with gross floor
area in excess of 10,000 square feet. Similar fire lanes are recommended
for design along the sides of all new commercial and industrial uses.
Parking shall be strictly prohibited in all fire lane areas.
(13)
Flood hazard area considerations. Any proposal for a development
on a tract where any part of the tract contains a flood hazard area
as identified on the most recent National Flood Insurance Program
("NFIP") shall comply with the floodplain regulations of this chapter
and as adopted by the governing body in addition to the following
standards:
(a)
No building or structure shall be erected, moved or enlarged,
nor shall any material or equipment be stored or fill be placed, nor
shall the elevation of any land be substantially changed in the flood
hazard area except in accordance with a permit issued by the New Jersey
Department of Environmental Protection, Division of Water Resources;
provided, however, that accepted practices of soil husbandry and the
harvesting of crops in connection with farming, lawns, gardens and
recreational usage that do not include structures are not included
in the foregoing prohibitions. Primary consideration shall be given
to preserving the floodway so as to assure maximum capacity for and
minimum velocity of the passage of flood flows without aggravating
flood conditions upstream and downstream.
(b)
No building or structure shall be erected, moved or enlarged
in the flood fringe area if the elevation of any floor, including
the cellar, shall be less than one foot above the flood hazard design
elevation, except in accordance with a permit issued by the New Jersey
Department of Environmental Protection, Division of Water Resources.
As to developments in the flood fringe area, primary consideration
shall be given to the protection of persons and property involved
in the development and such considerations shall not be avoided by
a waiver from the applicant.
(14)
Grading and filling. All lots where fill material is deposited
shall have clean fill and/or topsoil deposited which shall be graded
to allow complete surface draining of the lot into local storm sewer
systems or natural drainage courses. No regrading of a lot shall be
permitted which would create or aggravate water stagnation or a drainage
problem on site or on adjacent properties or which will violate any
other provisions of this chapter. Grading shall be limited to areas
shown on an approved site plan or subdivision. Any topsoil disturbed
during approved excavation and grading operations shall be redistributed
throughout the site.
(15)
Hotel, motel. These uses where and if permitted in this chapter
as specified herein shall comply with the following minimum standards:
(c)
Appropriate areas shall be set aside for the recreational needs
of the guests.
(e)
All garbage and recycling receptacles for storage and pickup
shall be centrally located and easily accessible within a screened
aboveground enclosure.
(f)
Such other performance standards as may be required by the approving
authority.
(16)
Height. The height limitations of this chapter shall not apply
to church spires, fire walls, belfries, cupolas, chimneys, ventilators,
skylights, water tanks, bulkheads and similar features and necessary
mechanical appurtenances usually carried above the roof level. Such
features, however, shall be erected only to such height as is necessary
to accomplish the purpose that they are to serve. Provisions of this
chapter shall permit the erection of parapet walls or cornices for
ornament without windows above the building height limit by not more
than three feet. Quasi-public buildings and public buildings, schools
and churches may exceed the height limit herein established, provided
that such uses shall increase the front, rear and side yards one foot
for each foot by which such building exceeds the height limit established
for the district within which the use is located.
(17)
Lighting. All area lighting shall provide translucent fixtures
with shields around the light source. The light intensity provided
at ground level shall average a maximum of 0.3 footcandle over the
entire area unless approved by the Planning Board. For each fixture
and lighted sign, the total quantity of light radiated above a horizontal
plane passing through the light source shall not exceed seven and
one-half percent (7 1/2%) of the total quantity of light emitted
from the light source. Any other outdoor lighting shall be shown on
the site plan in sufficient detail to allow determination of the effects
at the property line and on nearby streets, driveways, residences
and overhead sky glow. No lighting shall shine directly or reflect
into windows or onto streets and driveways in such a manner as to
interfere with driver vision. No lighting shall be of a yellow, red,
green or blue beam nor be of a rotating, pulsating, beam or other
intermittent frequency. The intensity of such light sources, light
shielding, the direction and reflection of the lighting and similar
characteristics shall be subject to site plan approval by the approving
authority. The objective of these specifications is to minimize undesirable
off-site effects. (New)
(18)
Lots.
(a)
Lot dimensions and area shall not be less than the requirements
of the Zoning Bulk Schedule Requirements of this chapter.
(b)
Insofar as is practical, side lot lines shall be either at right
angles or radial to street lines.
(c)
Each lot must front upon an approved paved street with a right-of-way
of at least 50 feet or as deemed sufficient by the approving authority.
(d)
Through lots with frontage on two streets will be permitted
only under the following conditions: where the length of the lot between
both streets is such that future division of the lot into two lots
is improbable; and access shall be to the street with the lower traffic
functions and the portion of the lot abutting the other street shall
be clearly labeled on the plat and in any deed that street access
is prohibited.
(e)
Where extra width has either been dedicated or been anticipated
for widening of existing streets, zoning considerations shall begin
at such new street line and all setbacks shall be measured from such
line.
(f)
Whenever land has been dedicated or conveyed to the municipality
by the owner of a lot in order to meet the minimum street width requirements
or to implement the Official Map or Master Plan and said lot existed
at the effective date of this chapter, the Building Inspector shall
not withhold a building and/or occupancy permit when the lot depth
and/or area was rendered substandard due to such dedication and where
the owner has no adjacent lands to meet the minimum requirements.
(19)
Monuments. Monuments shall be the size and shape required by
N.J.S.A. 46:23-9.12 of the Map Filing Law, as amended, and shall be
placed in accordance with said statute and indicated on the final
plat. All lot corners of each lot shall be marked with a metal alloy
pin of permanent character. (See now N.J.S.A. 46:26B-1 et seq.)
(20)
Natural features. Natural features such as trees, brooks, swamps,
hilltops and views shall be preserved whenever possible. On individual
lots, care shall be taken to preserve selected trees to enhance soil
stability and the landscape treatment of the area.
(21)
Nonconforming uses, structures or lots. The lawful use of land,
buildings or structures existing when this chapter was adopted may
be continued on the lot or in the structure although they may not
conform to this chapter, and any such structure may be restored or
repaired in the event of partial destruction thereof; provided, however,
that none shall be enlarged, extended, relocated, converted to another
use or altered except in conformity with this chapter, except as permitted
below. Land on which a nonconforming use or structure is located and
any nonconforming lot shall not be subdivided or resubdivided so as
to be made more nonconforming in any manner.
(a)
Abandonment. A nonconforming use shall be considered abandoned
if it is terminated by the owner, if a nonconforming use involving
a structure is discontinued for 12 consecutive months or if a nonconforming
use of land without structure(s) ceases for a period of six months.
The subsequent use of the abandoned building, structure and/or land
shall be in conformity with this chapter.
(b)
Conversion to permitted use. Any nonconforming building, structure
or use may be changed to conform to this chapter but shall not be
changed back to a nonconforming status.
(c)
Maintenance may be made to a nonconforming use, structure or
lot, provided the maintenance work does not change the use, expand
the building or the functional use of the building, increase the area
of a lot used for a nonconforming purpose or increase the nonconformity
in any manner.
(d)
Nonconforming lots and structures. Any existing structure on
a nonconforming lot or any existing structure on a conforming lot
which violates any yard requirements may have additions to the principal
building and/or an accessory building constructed without an appeal
for a variance, provided the total permitted building coverage is
not exceeded and the accessory building and/or the addition to the
principal building do not violate any other requirements of this chapter.
(e)
Restoration and repair.
[1]
Any nonconforming building, structure or use which has been
damaged by fire, explosion, flood, windstorm or act of God shall be
examined by the Code Enforcement Official. If in the opinion of the
Code Enforcement Official the value of repairing the condition is
greater than 90% of the value of replacing the entire structure, it
shall be considered completely destroyed and may be rebuilt to the
original specifications only upon approval of a use variance as provided
in the Act.
[2]
Where the value of repairing the condition is determined to
be less than 90% of the value of replacing the entire structure, the
nonconforming structure or use may be rebuilt and used for the same
purpose as before, provided it does not exceed the height, area and
bulk of the original structure.
[3]
The percent damaged or condemned shall be the current replacement
costs of the portion damaged, computed as a percentage of the current
replacement cost of the entire structure, which includes the cost
of the foundation.
(f)
Sale. Any nonconforming use, structure or lot may be sold and
continue to function in the same nonconforming manner.
(g)
An owner of a nonconforming use or structure may apply to the
Construction Code Official and register his nonconforming use or structure
with the Construction Code Official. Such registration form shall
describe the original use and structure and be kept with the Construction
Code Office and the City Clerk. The owner's copy shall be certified
by the Construction Code Official.
(22)
Nursing homes for children or aged; philanthropic or charitable
uses. Treatment and nursing homes for children or aged, philanthropic
or charitable structures, except correctional institutions, may be
permitted in those districts designated in this chapter if in compliance
with the following standards and conditions:
(a)
A set of plans and specifications and a statement setting forth
full particulars on the operation of the structure or use must be
filed with the approving authority in triplicate, showing dimensions,
topography, location and use of intended buildings, etc., and any
other physical features which might act as a deterrent to the general
welfare.
(b)
Front, rear and side yards shall be increased one foot for each
foot by which such proposed building exceeds the height limit herein
established for the district in which it is to be located. In no case
shall any building exceed the height of 30 feet nor be located on
a lot less than two acres in size with a minimum frontage of 200 feet.
(c)
Off-street parking space shall be provided in side and rear
yards only, at the rate of one space for each one bed in a treatment
or nursing home and one space for each two beds or one space for each
400 square feet of gross floor area, whichever is greater, for philanthropic
or charitable uses. The approving authority shall then decide the
manner of compliance in accordance with the procedure provided for
in this chapter.
(d)
All off-street parking provided within 30 feet of any property
line shall be protected from adverse impact upon adjacent properties
through a visual screen of planting not less than four feet at center,
of a type or types of planting approved by the approving authority.
(e)
In addition to all other requirements, there shall be provided
one square foot of open space for every one square foot of building
area, in plan, at the ground level.
(23)
Off-site and off-tract improvements.
(a)
Before final approval of a subdivision or site plan, the approving
authority may require, in accordance with the standards of this chapter
and an adopted circulation plan and utility plan, the installation,
or the furnishing of a performance guaranty in lieu thereof, of any
or all of the following off-site and off-tract improvements which
are necessary or appropriate for the protection of the public interest
by reason of the development's effect on land other than the developer's
property: street improvements, water system, sewerage, drainage facilities
and easements therefor.
(b)
Where such improvements are required, the approving authority
shall refer the requirements to the governing body for concurrence
and for approval of a performance guaranty, if any. If the governing
body does not take action on the improvements and the applicable performance
guaranties within the time the approving authority must act, the approving
authority may grant conditional approval of the plan.
(c)
The governing body shall determine as to each required improvement
whether it is to be paid for entirely by the municipality, entirely
by the developer or cooperatively by the developer and the municipality
in accordance with fair and reasonable standards to determine the
proportionate or pro rata amount of the cost of such facilities that
shall be borne by each developer or owner within a related or common
area.
(d)
The financing and construction of the improvements shall be
arranged in one of the following manners:
[1]
If constructed by the municipality and all or a portion of the
improvements are the financial responsibility of the developer, the
developer's share shall be paid to the municipality in cash prior
to final approval of the plan.
[2]
If constructed by the developer and all or a portion of the
improvements are the financial responsibility of the municipality,
the developer shall be paid the municipal share in accordance with
the terms of the construction contract and the completion of the work
shall be guaranteed in an amount and under the terms set forth in
Guaranties and Inspections.
(24)
Off-street parking and loading.
(a)
Access to and from lots.
[1]
Drives shall be limited to a maximum of two to any street, except
when the frontage of a property along any one street exceeds 500 feet,
the number of drives to that street may be based on one drive for
each 250 feet of property frontage. Each drive shall be at least three
parking aisles from any other drive on the same property. Each drive
shall handle no more than one lane of traffic in each direction; be
at least 50 feet or 1/2 the lot frontage, whichever is greater, from
the street line of any intersecting street; and be at least 31 feet
from any property line. The width of the curb cut shall be determined
by the type of traffic to be handled and the limitation to the number
of lanes of traffic. Driveways with widths exceeding 24 feet shall
be reviewed by the approving authority, giving consideration to the
width, curbing, direction of traffic flow, radii of curves and traffic
lane divider. Curbing shall be either depressed at the driveway or
rounded at the corners with the access drive connected to the street
in the same manner as another street.
[2]
Any exit driveway or driveway lane shall be so designed in profile
and grading and shall be so located as to permit a safe, clear sight
distance measured in each direction along the roadway. Such measurements
shall be from the driver's seat of a vehicle standing on that portion
of the exit driveway that is immediately outside the edge of the road
traveled way or shoulder. The following distances are recommended:
|
Speed
|
Looking Right (Left Turn)
|
Looking Left (Right Turn)
|
|---|---|---|
|
25
|
280
|
240
|
|
30
|
335
|
290
|
|
35
|
390
|
335
|
|
40
|
445
|
385
|
|
45
|
500
|
430
|
|
50
|
555
|
480
|
|
55
|
610
|
530
|
|
60
|
665
|
575
|
[3]
Where a site occupies a corner of two intersecting roads, no
driveway entrance or exit may be located within a minimum of 10 feet
of the point of tangent of the existing or proposed curb radius of
that site, nor less than 50 feet from the street line of the intersecting
streets.
[4]
No entrance or exit driveway shall be located on the following
portions of a road: on a circle, on a ramp of an interchange or within
20 feet of the beginning of any ramp or other portion of an interchange.
[5]
Where two or more driveways connect a single site to any one
road, a minimum clear distance of 25 feet measured along the right-of-way
line shall separate the closest edges of any two such driveways.
[6]
Depending upon the intensity of their use, the following angles
shall be required for driveways opening into streets:
[a]
Two-way operation. Driveways used for two-way operation
will intersect the road at an angle to as near ninety degrees (90°)
as site conditions will permit and in no case will be less than seventy-five
degrees (75°).
[b]
One-way operation. Driveways used by vehicles in
one direction of travel (right turn only) shall not form an angle
smaller than forty-five degrees (45°) with a road, unless acceleration
and deceleration lanes are provided.
[7]
The dimensions of driveways shall be designed to adequately
accommodate the volume and character of vehicles anticipated to be
attracted daily onto the land development for which a site plan is
prepared. Driveways serving large volumes of daily traffic or traffic
over 25% of which is truck traffic shall be required to utilize the
maximum dimensions. Driveways serving low daily traffic volumes or
traffic less than 25% of which is truck traffic shall be permitted
to use the minimum dimensions. The maximum and minimum required dimensions
for driveways shall be as follows:
|
One-Way Curbline Opening
(feet)
|
Operation Driveway Width
(feet)
|
Two-Way Curbline Opening
(feet)
|
Operation Driveway Width
(feet)
| |
|---|---|---|---|---|
|
5- to 10-family residence
|
12-15
|
10-13
|
24-30
|
24-30
|
|
10-family or over
|
12-30
|
10-26
|
24-36
|
24-30
|
|
Commercial and industrial
|
24-50
|
14-34
|
24-50
|
24-46
|
|
Service stations
|
15-36
|
12-34
|
12-36
|
20-34
|
[8]
Driveway surfacing and profiles.
[a]
The surface of any driveway subject to site plan
approval shall be constructed with a permanent pavement of a type
specified by standards set by the Municipal Engineer. Such pavement
shall extend to the paved traveled way or paved shoulder of the road;
and such pavement shall extend throughout the area defined by the
required driveway dimensions.
[b]
Any vertical curve on a driveway shall be flat
enough to prevent the dragging of any vehicle undercarriage.
[c]
Should the sidewalk be so close to the curb at
a depressed curb driveway as to cause the ramp to be too steep and
be likely to cause undercarriage drag, the sidewalk shall be appropriately
lowered to provide a suitable ramp gradient.
[9]
Acceleration and deceleration lanes.
[a]
Acceleration lanes. Where a driveway serves right-turning
traffic from a parking area providing 500 or more parking spaces,
an acceleration lane shall be provided in accordance with A Policy
of Geometric Design of Rural Highways, c. 1965 American Association
of State Highway Officials.
[b]
Deceleration lanes. Where a driveway serves as
an entrance to a land development providing 50 or more parking spaces,
a deceleration lane shall be provided for traffic turning right into
the driveway from the road. The deceleration lane is to be at least
200 feet long and at least 13 feet wide measured from the road curbline.
A minimum forty-foot curb return radius will be used from the deceleration
lane into the driveway. A deceleration lane may be omitted when the
roadway pavement is a minimum of 40 feet wide and the road peak hour
traffic does not exceed 500 vehicles per hour.
[10]
Special turn lanes. The conveyance of land for
jughandles or left-turn lanes may be required by the Planning Board,
with the approval of the Municipal Engineer, under one or more of
the following conditions:
(b)
Access to parking and loading spaces. Individual parking and
loading spaces shall be served by on-site aisles designed to permit
each motor vehicle to proceed to and from each parking and loading
space without requiring the moving of any other motor vehicle. Where
the angle of parking is different on both sides of the aisle, the
larger aisle width shall prevail.
(c)
Buffers. Parking and loading areas for commercial and industrial uses shall be buffered from adjoining streets, existing residential use or any residential zoning district in a manner meeting the objectives of the Subsection A(5) of this section.
(d)
Curbing. All off-street parking areas containing 10 or more
spaces and all off-street loading areas shall have concrete or Belgian
block curbing around the perimeter of the parking and loading areas
and to separate major interior driveways from the parking and loading
spaces. Curbing may also be installed within the parking or loading
areas to define segments of the parking or loading areas. Concrete
wheel blocks may be located within designated parking or loading spaces.
All curbing shall be located in conjunction with an overall drainage
plan. Curbing installed at locations requiring pedestrian access over
the curbing shall be designed to have ramps from the street grade
to the sidewalk. The breaks shall be opposite each aisle.
[1]
Each land development requiring site plan approval shall be
required to install curbs along the entire property frontage of a
municipal road. Where such curbing is required, it shall be located
and constructed in accordance with standards and specifications set
forth by the Municipal Engineer.
[2]
At all intersections the minimum curb radii shall be 30 feet.
Radii beyond this minimum may be required by the Municipal Engineer.
[3]
Where a proposed driveway is to serve any land development providing
50 or more parking spaces, curbing need not be carried across the
driveway opening as a depressed curb; rather, it may be swept back
as curb returns as in the case of a street intersection. If the driveway
serves a facility having less than 50 parking spaces, a depressed
curb driveway shall be used. Where depressed curbs are used at driveways,
the following specifications shall apply:
[a]
Existing curb. To construct a depressed curb where
curbing exists, the existing curb shall be modified in accordance
with the requirements given by the Engineer.
[b]
New depressed curb. New depressed curb shall be
constructed in accordance with specifications as set forth by the
Municipal Engineer.
[c]
Height of depressed curb above street pavement
or shoulder. The top of the depressed curb shall be no greater than
one and one-half (1 1/2) inches higher than the gutter grade.
[d]
The horizontal transition of depressed curb from
full curb height to depressed curb height shall not exceed 18 inches
except where the sidewalk is so narrow and close to the curb that
a portion of the sidewalk four feet or less from its outer edge has
a slope exceeding six to one (6:1). In this case, the depressed curb
transition may be modified to prevent the outer four feet of sidewalk
from exceeding a slope of six to one (6:1).
[e]
Each land development requiring site plan approval
may be required to install paving in the area between the edge of
existing pavement and curbing along the entire property frontage.
Where such paving is required, it shall be in accordance with standards
and specifications as set forth by the Municipal Engineer.
(e)
Dimensions.
[1]
Off-street parking space shall be nine feet wide (depending
on the angle of parking) and a minimum of 18 feet in length in accordance
with the following schedule. Number, size, and location of handicapped
parking spaces shall be in accordance to current ADA Barrier free
standards and/or PROWAG as appropriate. (New)
|
Angle of Parking Space
|
One-Way Aisle (feet)
|
Two-Way Aisle (feet)
|
|---|---|---|
|
90°
|
24
|
24
|
|
60°
|
18
|
24
|
|
45°
|
15
|
24
|
|
30°
|
12
|
24
|
|
Parallel
|
12
|
24
|
[2]
Off-street loading spaces shall have 15 feet of vertical clearance
and be designed in accordance with the following schedule:
|
Apron/Aisle Length
(feet)
| |||
|---|---|---|---|
|
Loading Space
| |||
|
Length
(feet)
|
Width
(feet)
|
90°
|
60°
|
|
60
|
10
|
72
|
66
|
|
60
|
12
|
63
|
57
|
|
60
|
14
|
60
|
54
|
(f)
Drainage. All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice as approved by the Municipal Engineer and in accordance with the drainage provisions of Subsection A(9) of this section. Where subbase conditions are wet or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least six to 12 inches below the proposed finished grade and filled with a suitable subbase material as determined by the Municipal Engineer. Where required by the Municipal Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material shall be applied.
(g)
Surfacing shall be approved as part of the plan approval.
[1]
Areas of ingress and egress, loading and unloading areas, major
interior driveways, aisles and other areas likely to experience similar
heavy traffic shall be paved with not less than five inches of compacted
base course of plant-mixed bituminous stabilized base course constructed
in layers of not more than two inches compacted thickness, or equivalent,
and prepared and constructed in accordance with Division 3, Section
2A, of the New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction (1961), and amendments thereto. A
minimum two-inch-thick compacted wearing surface of bituminous concrete
(FABC), or equivalent, shall be constructed thereon in accordance
with Division 3, Section 10, of the New Jersey Department of Transportation
Specifications, and amendments thereto.
[2]
Parking space areas and other areas likely to experience light
traffic shall be paved with not less than three inches of compacted
base course of plant-mixed bituminous stabilized base course, or equivalent,
prepared and constructed in accordance with Division 3, Section 2A,
of the New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction (1961), and amendments thereto. At
least one-and-one-half-inch compacted wearing surface of bituminous
concrete (FABC), or equivalent, shall be constructed thereon in accordance
with Division 3, Section 10, of the New Jersey Department of Transportation
Specifications, and amendments thereto.
(h)
Landscaping in parking and loading areas shall be shown on the
site plan. Trees shall be staggered and/or spaced so as not to interfere
with driver vision, have branches no lower than six feet and be placed
at the rate of at least one tree for every 20 parking spaces. All
areas between the parking area and the building shall be landscaped
with trees, shrubs and ground cover. Any plantings which do not live
shall be replaced within one year or one season. A majority of the
parking areas for more than 50 cars shall be obscured from streets
by buildings, landscaped berms, natural ground elevation or plantings,
singularly or in combination.
(i)
Minimum Off-Street Parking Spaces. (New) Off-street parking
spaces for the storage of parking of passenger vehicles of occupants,
employees and patrons of main buildings and structures hereafter erected
or enlarged shall be provided and kept available in amounts not less
than specified in this section.
[1]
Residential uses. The minimum required number of parking spaces to be provided in conjunction with residential uses in any given zone shall be according to the Residential Site Improvement Standards (RSIS), New Jersey Administrative Code — Title 5, Chapter 21.
[2]
Nonresidential uses. The minimum required number of parking
spaces to be provided in connection with nonresidential uses in any
given zone shall be in accordance with the following regulations:
[a]
Auditoriums, recreational establishments or other
places of public assembly, including public schools: one parking space
for each three fixed seats of capacity, or one space for each three
memberships in a swim club, or one parking space for each 100 square
feet of gross floor area in cases where the capacity is not determined
by the number of fixed seats or swim club memberships.
[b]
Bowling alleys: four parking spaces for each lane.
[c]
Clubs: one parking space for each 100 square feet
of gross floor area.
[d]
Hospitals: one parking space for each 300 square
feet of gross floor area.
[e]
Hotels/motels: one parking space per room, plus
one parking space per employee on the maximum shift, plus one parking
space per 200 square feet of gross floor area of meeting rooms, restaurants
and cocktail lounges.
[f]
Manufacturing, research, industrial, warehouses,
wholesale or laboratories: one parking space for each employee employed
at one time on the maximum shift, plus 10 percent of the employee
spaces for visitors, not to exceed 20.
[g]
Mortuaries: one parking space for each 25 square
feet of floor area devoted to assembly rooms for services.
[h]
Offices, office buildings, office-research buildings
(not including medical and dental): one parking space for each 300
square feet of gross floor area, not including stairways and other
common areas.
[i]
Offices (medical and dental): one parking space
for each 100 square feet of gross floor area.
[j]
Retail home furnishing stores: one parking space
for each 500 square feet of gross floor area.
[k]
Restaurants or taverns (non-drive-in or non-fast-food
franchise): one parking space for each 100 square feet of gross floor
area.
[l]
Restaurants (drive-in/fast-food): one parking space
for each 50 square feet of gross floor area.
[m]
Retail stores, personal services, or custom shops
or studios: one parking space for each 200 square feet of gross floor
area.
[n]
Automotive uses, including automotive gasoline
stations, automotive service stations, automotive repair garages,
automotive sales and services, automotive sales lots, and automotive
washes: a minimum of three parking spaces plus one parking space for
each six fuel dispensers plus one parking space for each service bay
plus one parking space for each 1,600 square feet of vehicle display
area, plus one space for each 1,000 square feet of building area devoted
exclusively to vehicle washing.
[o]
Banks: one parking space for each 200 square feet
of gross floor area.
[p]
Police and fire stations and post offices: one
space for each 250 square feet of gross floor area.
[q]
Churches, synagogues, mosques and temples: one
space for each two fixed seats, or one for each 72 inches of benches,
at capacity, plus one parking space for each 100 square feet of gross
floor area for assembly and meeting rooms.
[r]
Other uses not specifically listed: the same requirement
as for the most similar listed use, as determined by the Administrative
Officer or one space for each 200 square feet.
[s]
Mixed uses: The total requirement shall be the
sum of the requirements of the component uses computed separately.
[t]
Theaters. Theaters shall provide one parking space
for each two seats.
[u]
Day Care Centers — one space for every 300
square feet of gross floor area of the structure contained on the
property.
(j)
Minimum loading requirements. Adequate off-street loading and maneuvering space shall be provided for every use. The minimum number of spaces shall be based on the off-street parking and loading requirements in Article XIX. Those uses not listed shall provide sufficient spaces as determined under site plan review.
[1]
A minimum of one space per use shall be provided, except that
where more than one use shall be located in one building or where
multiple uses are designed as part of a shopping center or similar
self-contained complex, the number of loading spaces shall be based
on the number of square feet within the building or complex and shall
be dispersed throughout the site to best serve the individual uses
and have site plan approval.
[2]
There shall be a minimum of one trash/garbage pickup location
separate from the parking and loading areas and located either within
or outside a building in steel-like, totally enclosed container(s)
located and screened to be obscured from view from parking areas,
streets and adjacent residential uses or residential zoning districts.
If located within the building, the doorway(s) may serve both the
loading and trash/garbage collection functions. If a container used
for trash/garbage collection functions is located outside the building,
it may be located adjacent to or within the general loading area(s),
provided the container(s) in no way interferes with or restricts the
loading and unloading functions.
(k)
Minimum parking requirements. The number of off-street parking
spaces for each use shall be based on the off-street parking and loading
requirements in each zone. Where a particular function contains more
than one use, the total parking requirements shall be the sum of the
component parts.
(l)
Location of parking and loading areas.
[1]
Loading spaces shall be located on the same lot as the use being
served and shall be located to directly serve the building for which
the space is being provided. Parking spaces shall be located at least
20 feet from any building.
[2]
No loading and parking spaces shall be located in any required
buffer area.
[3]
Parking spaces located to serve residential uses shall be within
150 feet of the entrance of the building and within 300 feet of commercial/industrial
uses.
[4]
No parking shall be permitted in fire lanes, streets driveways,
aisles, sidewalks or turning areas.
(25)
Performance standards, general.
(a)
Electricity. Electronic equipment shall be shielded so there
is no interference with any radio or television reception beyond the
operator's property as the result of the operation of such equipment.
(b)
Glare. No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light, flashes or reflection will not interfere with the normal use of nearby properties, dwelling units and streets. Also see Subsection A(17), lighting, in this section.
(c)
Heat. Sources of heat, including but not limited to steam, gases,
vapors, products of combustion or chemical reaction, shall not discharge
onto or directly contact structures, plant life or animal life on
neighboring uses or impair the function or operation of neighbor use.
No use, occupation, activity, operation or device shall cause an increase
in ambient temperature as measured on the boundary between neighboring
uses.
(d)
Radioactivity. No use, activity, operation or device concerned
with the utilization or storage of radioactive materials shall be
established, modified, constructed or used without having first obtained
valid permits and certificates from the Bureau of Environmental Radiation,
New Jersey Department of Environmental Protection. Proof of compliance
with this requirement shall be the submission of duplicate copies
of said permits and certificates.
(e)
Vibrations.
[1]
Standard. Ground-transmitted vibrations shall be measured with
a seismograph or complement of instruments capable of recording vibration
displacement and frequency in the three mutually perpendicular directions
simultaneously.
[2]
Vibration level restrictions. Vibration levels shall not exceed
a particular velocity of five-hundredths (.05) inch per second in
any district. During the hours of 9:00 p.m. to 7:00 a.m. in residential
districts, vibration levels shall not exceed a particle velocity of
two-hundredths (.02) inch per second. Measurements shall be made at
the points of maximum vibration intensity and on or beyond adjacent
lot lines or neighboring uses, whichever is more restrictive.
(f)
Airborne emissions. In all districts, no use, activity, operation
or device shall be established, modified, constructed or used without
having first obtained valid permits and certificates from the Division
of Air Quality, New Jersey Department of Environmental Protection,
pursuant to N.J.A.C. 7:27-8. Specifically, no use, activity, operation
or device shall be established, modified or constructed without a
valid permit to construct. No use, activity, operation or device shall
be operated, occupied or used without a valid certificate to operate
control apparatus or equipment. Proof of compliance with this requirement
shall be the submission of duplicate copies of the permit to construct
and certificate to operate. In addition to the requirements of the
New Jersey Department of Environmental Protection, the following shall
also apply:
[1]
Steam emissions. No visible emissions of steam having an equivalent
opacity greater than 60% except as the direct results of combustion,
shall be permitted within 500 feet of a residential district.
[2]
Toxic matter. Emissions of chemicals, gases, components or elements
listed as being toxic matter by the American Conference of Governmental
Hygienists, New Jersey Department of Labor and Industry or the United
States Environmental Protection Agency shall not exceed the threshold
level as determined in accordance with ASTMD. 1391. The emission of
concentrations, levels or mass loadings in excess of the threshold
value shall be permitted only if the emissions of said toxic matter
comply with the applicable regulations of the New Jersey Department
of Environmental Protection, New Jersey Department of Labor and Industry
and United States Environmental Protection Agency. Proof of compliance
shall require the submission of duplicate copies of certifications
or permits from New Jersey Department of Environmental Protection
and New Jersey Department of Labor and Industry approving the concentrations,
level or loading proposed by the applicant.
(g)
Odorous matter. No odor shall be emitted that is detectable
by the human olfactory sense at or beyond an adjacent lot line.
(h)
Noise emissions.
[1]
Standard. Noise shall be measured with a sound-level meter complying
with the standards of the American National Standards Institute, American
Standards Specifications for General Purpose Sound Level Meters (ANSIS.1.4-1961
or its latest revisions). The instrument shall be set to the A-weighted
response scale and the metering to the slow response. Measurements
shall be conducted in accordance with the American Standard Method
for the Physical Measurements of Sound (ANSIS.1.2.-1961 or its latest
revision).
[2]
Noise level restrictions. Noises shall not exceed the maximum
sound levels specified in the table, except as designated below:
|
Noise Level Restrictions
| ||
|---|---|---|
|
Performance Category
|
Maximum Level Permitted
(dBA)
|
Where Measured
|
|
Residential districts
|
55*
|
On or beyond the neighboring use or lot line
|
|
Agricultural districts
|
60
|
On or beyond the neighboring use
|
|
All other districts
|
65
|
On or beyond the district boundaries
|
|
*NOTE: In any residential district, the A-weighted sound levels
shall not exceed 45 decibels during the hours of 9:00 p.m. to 7:00
a.m. Whenever a residential district abuts any other district, the
most restrictive of the limitations shall apply.
|
[3]
Exclusions and permitted variations.
[a]
The levels specified in the table may be exceeded
once by 10 decibels in a single period of 15 minutes during one day.
[b]
Peak values of short duration, also known as "impact
noises," may exceed the values specified in the table by 20 decibels
or have a maximum noise level of 80 decibels, whichever is more restrictive.
[c]
Noises such as alarms, sirens, emergency warning
devices, motor vehicles and other sources not under the direct control
of a use are excluded from and above limitations.
(i)
Storage and waste disposal.
[1]
In all districts permitting an operation, use or any activity
involving the manufacture, utilization or storage of flammable, combustible
and/or explosive materials, such operation shall be conducted in accordance
with the regulations promulgated by the Department of Labor and Industry
of New Jersey or the Fire Code of the National Fire Protection Association,
whichever is more restrictive.
[2]
All flammable, explosive and/or combustible material shall be
stored in accordance with the National Fire Protection Association
or Department of Labor and Industry Codes, whichever is more restrictive.
[3]
All outdoor storage facilities for fuel, raw materials and products
stored outdoors, wherever permitted, shall be enclosed by an approved
safety fence and visual screen and shall conform to all yard requirements
imposed upon the principal buildings in the district and storage regulations
of the National Fire Protection Association.
[4]
No materials or wastes shall be deposited upon a lot in such
form or manner that they may be transferred off the lot by natural
causes or forces, nor shall any substance which can contaminate a
stream or watercourse or otherwise render such stream or watercourse
undesirable as a source of water supply or recreation, or which will
destroy aquatic life, be allowed to enter any stream or watercourse.
[5]
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
containers that are adequate to eliminate such hazards.
(26)
Quasi-public buildings and recreational areas. Quasi-public
buildings and recreational areas such as clubhouses, parks, schools,
colleges, universities, playgrounds, swimming pools, tennis courts,
etc., and other such activities operated by nonprofit membership organizations
may be permitted in the districts designated, provided that they comply
with the following standards and conditions.
(a)
A set of plans and specifications and a statement setting forth
full particulars on the operation of the structure or use must be
filed with the approving authority in triplicate, showing Articles
of Incorporation, trade name certificate, if any, required to be filed
with the approving authority.
(b)
It is ascertained by the approving authority that the proposed
use is a bona fide nonprofit organization operated solely for the
recreation and enjoyment of the members of said organization, and
the approving authority may require names and addresses of all charter
members.
(c)
It is ascertained by the approving authority that the proposed
use in the proposed location will not adversely affect the sale and
comfortable enjoyment of property rights or otherwise adversely affect
the value of adjacent properties, that the design of any structures
erected in connection with such use in keeping with the general character
of the district and that sufficient landscaping, including shrubs,
trees and lawns, is provided to serve as a buffer between said use
and the adjoining properties and in order to assure an attractive
appearance for the use.
(d)
No building, structure or active recreation facility shall be
located within 50 feet of the lot line of a residentially zoned lot.
The maximum lot coverage shall be 50%.
(e)
The maximum membership limit of said organization shall be fixed
at the time of application and shall be commensurate with the amount
of land to be used and the exact nature of the use. No further expansion
of said membership shall be made unless additional land is acquired
and supplementary applications are made to the approving authority.
(f)
The membership roles shall be certified by affidavit annually
on the first day of January, and an updated tally of all members shall
be filed with the Municipal Clerk within 30 days, signed by the secretary.
(g)
Off-street parking space shall be provided at a ratio of one
space for each four memberships permitted under the terms of this
special permit or one space per 1,000 square feet of floor space,
whichever is greater.
(h)
The approving authority shall then decide the manner of compliance
in accordance with the procedure provided for under this chapter.
(27)
Principal use. No lot shall have erected upon it more than one
principal permitted use. No more than one principal building shall
be permitted on one lot, except that shopping centers, apartment and
condominium projects and industrial complexes all receiving site plan
approval may be permitted to have more than one building on a lot
in accordance with standards of the zoning district in which it is
located.
(28)
Public utilities. All public services shall be connected to
an approved public utilities system.
(a)
The developer shall arrange with the servicing utility for the
installation of the utility's distribution supply lines and service
connections in accordance with the provisions of the applicable standard
terms and conditions incorporated as a part of its tariff as the same
are then on file with the State of New Jersey Board of Public Utility
Commissioners.
(b)
The developer shall submit to the approving authority, prior
to the granting of final approval, a written instrument from each
serving utility which shall evidence full compliance or intended full
compliance with the provisions of this subsection.
(c)
Any installation under this subsection to be performed by a
servicing utility shall be exempt from requiring performance guaranties
but shall be subject to inspection and certification by the Municipal
Engineer.
(29)
Railroad spurs. The side and rear yard requirements of the Bulk
Schedule Requirements shall not apply to those portions of a lot immediately
adjoining and bounded by the right-of-way of a railroad where a railroad
track or spur line forms the boundary line between two lots for on-site
use in the industrial district.
(30)
Sanitary sewers. All elements of the sanitary sewer system design and flow volume computations shall be submitted to the Municipal Engineer for review and approval. Alignments outside streets shall require easements or rights-of-way in accordance with Subsection A(10), Easements, of this section.
(31)
Service stations, public garages, filling stations.
(a)
Where permitted, all storage areas, trash facilities, pits,
lifts and working areas shall be within a building. All lubrication,
repair or similar activities shall be performed in an enclosed building
and no dismantled parts shall be placed outside.
(b)
Where permitted, all gasoline pumps, air pumps and the pump
islands shall be set back from the street line at least 25 feet and
50 feet from any other property line. A minimum space of 25 feet shall
exist between any two pump islands and between any island and the
service station building.
(c)
No junked motor vehicle or part thereof and no unregistered
motor vehicle shall be permitted outside an enclosed service station
building. No more than six motor vehicles may be located outside a
service station building for a period not to exceed two days, provided
the owners are awaiting the repair of said motor vehicles.
(d)
The proposed use shall be located on a lot of not less than
20,000 square feet in an area which is not located at a corner of
any dangerous street intersection and the lot lines of which are located
not less than 1,000 feet from any school offering courses of general
educational instruction, hospital, church or library and not less
than 2,000 feet from an existing gasoline filling station.
(e)
All filling station storage tanks shall be placed in a six-inch-thick
concrete cradle. All filler spouts, vents and gauging and venting
areas shall be covered by a six-inch-thick concrete plate. Emergency
shutoff and venting equipment shall conform to the most recent federal
and state requirements, as they may from time to time be revised.
(f)
Ingress and egress turning movements shall be designed and coordinated
with the access points required for nearby uses, frequency of intersecting
side streets, minimizing left turns off collector and arterial streets
and maintaining building setbacks compatible with the required setbacks
and landscaping.
(32)
Shade trees. All shade trees shall have a minimum diameter of three inches as measured four feet above the ground and be of a species approved by the approving authority. Trees shall be planted 40 to 60 feet apart and parallel to but no more than 20 feet from the curbline and shall be balled and burlapped, nursery grown, free from insects and disease and true to species and variety. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area and to conform to adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season. Parking lots shall be planted as required in Subsection A(24), Off-street parking and loading, of this section.
[New]
(33)
Sidewalks. Sidewalks shall be required depending on the probable
volume of pedestrian traffic, the street classification in instances
where streets are involved, school bus stops, the development's location
in relation to other populated areas and the general type of improvement
intended. Where required, sidewalks shall be at least four feet wide
and located as approved by the approving authority. Sidewalks shall
be at least four inches thick except at points of vehicular crossing,
where they shall be at least six inches thick, of Class C concrete
having a twenty-eight-day compressive strength of 4,000 pounds per
square inch and shall be air-entrained. The approving authority may
require the replacement or repair of existing sidewalk areas consistent
with the above standards. Sidewalks shall be placed on a four-inch
layer of Type 1, Class A bank-run sand.
(34)
Sight triangles. Sight triangles shall be required at each quadrant
of an intersection of streets and of streets and driveways. The area
within sight triangles shall be maintained as part of the lot adjoining
the street and set aside on any subdivision or site plan as a sight
triangle easement. Within a sight triangle, no grading, planting or
structure shall be erected or maintained more than 30 inches above
the center-line grade of either intersecting street or driveway or
lower than eight feet above their center lines, including utility
poles but excluding street name signs and official traffic regulation
signs. Where any street or driveway intersection involves earth banks
or vegetation, including trees, the developer shall trim such vegetation
and trees as well as establish proper excavation and grading to provide
the sight triangle. The sight triangle is that area bounded by the
intersecting street lines and a straight line which connects sight
points located on each of the two intersecting street lines the following
distances away from the intersecting street lines: arterial streets
at 130 feet; collector streets at 60 feet; and primary and secondary
local streets at 35 feet. Where the intersecting streets are both
arterial, both collectors or one arterial and one collector, two overlapping
sight triangles shall be required formed by connecting the sight points
noted above with a sight point 35 feet on the intersecting street.
Any proposed development requiring site plan approval shall provide
sight triangle easements at each driveway, with the driveway classified
as a local street for purposes of establishing distances. The classification
of existing and proposed streets shall be that shown on the adopted
Master Plan or as designated by the Planning Board at the time of
the application for approval for a new street not included on the
Master Plan. A sight triangle easement dedication shall be expressed
on the plat as follows: "Sight triangle easement subject to grading,
planting and construction restrictions as provided for in the Development
Ordinance." Portions of a lot set aside for the sight triangle may
be calculated in determining the lot area and may be included in establishing
the minimum setbacks required by the zoning provisions.
(35)
Signs. No billboards shall be erected. No sign of any type shall
be permitted to obstruct driving vision, traffic signals, sight triangles
and traffic direction and identification signs.
(a)
Animated, flashing and illusionary signs. Signs using mechanical
and/or electrical devices to revolve, flash or display movement or
the illusion of movement are prohibited.
(b)
Attached signs. Attached signs shall be affixed parallel to
the wall to which they are attached and the face of the sign shall
project no more than 15 inches from the surface of the wall, and in
no case shall any overhang violate or extend beyond a property line.
(c)
Height. The uppermost part of an attached sign shall not exceed
the base of the second-floor windowsill in a two-or-more-story structure,
or the base of the roof or 25 feet, whichever is lower, in either
a one-story structure or a structure without windows. The uppermost
part of a freestanding sign shall not exceed 25 feet. The lowest portion
of any sign which projects above an area traversed either by motor
vehicles or pedestrians shall be at least 15 feet.
[New]
(d)
Illuminated signs. Illuminated signs shall be arranged to reflect
the light and glare away from adjoining lots and streets. No sign
shall be permitted beam, beacon or flashing illumination. All signs
lighted exteriorly shall have the light source shielded from adjoining
lots, streets and interior drives. All lights shall either be shielded
or have translucent fixtures to reduce off-site effects. No illuminated
sign shall be of such color, location, shape or size as to cause confusion
of driver perception and traffic safety.
(e)
Location. Attached signs may only be located in such a manner
that does not conflict with any height, obstruction to vision and
similar regulations of this chapter. Freestanding signs shall be located
only in the front yard and shall be no closer to a side lot line than
the minimum side yard for the principal building, but in any event
no closer to a street right-of-way than 25 feet and not located in
any sight triangle.
(f)
Maintenance. Signs shall be constructed of durable materials,
maintained in good condition and not allowed to become dilapidated.
(g)
Real estate signs. One nonflashing, nonilluminated temporary
sign pertaining to the lease or sale of the same lot or building upon
which it is placed, situated within the property lines and the premises
to which it relates and not exceeding four square feet in area on
any one side shall be permitted. The sign may be removed from the
premises within two days after the property has been sold. Real estate
signs do not require a building permit. No more than one sign shall
be permitted along each street on which the building has frontage.
Real estate signs shall be permitted only on the lot which the sign
is advertising.
(h)
Sign area and dimension. Sign area shall include all lettering,
wording, coloring and accompanying designs and symbols, together with
the background, whether open or enclosed, but not including any supporting
framework and bracing incidental to the display itself. A freestanding
sign with two exposures shall have a total sign area consisting of
the area of one side of the sign, but both sides may be used. Street
number designations, postal boxes, family names on residences, on-site
traffic directional and parking signs, signs posting property as "private
property," "no hunting" or similar purposes and "danger" signs around
utility and other danger areas are permitted but are not to be considered
in calculating the sign area. The maximum dimension in any direction
along the surface of a sign shall be as stated in each individual
zone schedule.
(i)
Temporary signs. No more than one sign advertising the name
of the building under construction, general contractor, subcontractor,
financing institution, any public agencies or officials and the professional
personnel who worked on the project is permitted on a construction
site beginning with the issuance of a building permit and terminating
with the issuance of a certificate of occupancy for the structure
or the expiration of the building permit, whichever comes first. Such
signs shall not exceed a gross area of 16 square feet.
(j)
Gasoline service stations, filling stations and public garages,
where permitted only, may display, in addition, the following signs
which are deemed customary and necessary to their respective business:
[1]
Directional signs or letters displayed over individual entrance
doors or bays, consisting only of the words "washing," "lubrication"
or words of similar import; provided that there shall be not more
than one such sign over each entrance or bay. The letters thereof
shall not exceed 12 inches in height and the total of each sign shall
not exceed six square feet.
[2]
Customary lettering on or other insignia which is a structural
part of a gasoline pump, consisting of the brand name or gasoline
sold, lead-warning sign, a price indicator and any other sign required
by law and not exceeding a total of three square feet on each pump.
(36)
Soil erosion and sediment control. All site plans and major
subdivisions shall incorporate soil erosion and sediment control programs
phased according to the scheduled progress of the development, including
anticipated starting and completion dates. The purpose is to control
soil erosion and sediment damages and related environmental damage
by requiring adequate provisions for surface water retention and drainage
and for the protection of exposed soil surfaces in order to promote
the safety, public health, convenience and general welfare of the
community.
(a)
No building permit shall be issued for any development application
until all provisions of the State of New Jersey Soil Erosion and Sediment
Control Act, P.L. 1975, c. 251, N.J.S.A. 4:24-39 et seq., have been
satisfied or waived.
(b)
Development applicants shall submit to the approving authority
and Municipal Engineer copies and documentation of the approval and
certification of the soil erosion and sediment control plan by the
Regional Soil Conservation District or proof of waiver of same.
(37)
Soil removal and redistribution. The excavation and grading
for completion of a development shall be done in accordance with the
approved plat which contains soil erosion and sediment control provisions.
Excavation of soil other than as required for the construction of
soil other than as required for the construction of approved structures
and supporting facilities such as but not limited to streets, driveways
and parking areas shall be prohibited. Regarding of property so as
to redistribute topsoil throughout the site from areas excavated for
such approved structures and supporting facilities shall be permitted
but shall be done to minimize or eliminate the erosion of soil. Any
application proposing the disturbance of more than 5,000 square feet
of surface area of land as defined in the Soil Erosion and Sediment
Control Act, P.L. 1975, c. 251, N.J.S.A. 4:24-39 et seq., shall include
on its plan the following: the means to control or prevent erosion,
provide for sedimentation basin(s) for soil that does erode due to
water, and control drainage, dust and mud on the premises as well
as abutting lands; the preservation of soil fertility and the resulting
ability of the area affected to support plant and tree growth by maintenance
of adequate topsoil consisting of at least six inches of the original
layer; maintenance of necessary lateral support and grades of abutting
lands, structures and other improvements; prevention of pits and gorges
which are hazardous or which provide insect breeding locations; a
provision that the physical limitations and characteristics of the
soil shall not be altered to prevent the use to which the land may
lawfully be put; and such other factors as may reasonably bear upon
or relate to the public health, safety and general welfare.
(38)
Stormwater runoff.
(a)
All development shall incorporate on-site stormwater facilities that will encourage the slowing down of the rate stormwater leaves the site. All measures used to control the rate of stormwater runoff shall comply with the grading and filling [Subsection A(14)], soil erosion and sediment control [Subsection A(36)] and soil removal and redistribution [Subsection A(37)] provisions in this section.
(b)
Where, in the opinion of the Municipal Engineer, or as required
by the applicable NJDEP Standards, the amount of runoff from the proposed
development is sufficient to justify detention basin(s), one or more
detention basins shall be required. The determination of the amount
of stormwater runoff and whether the amount of runoff is sufficient
for detention basin(s) shall be made by the approving authority upon
the advice of the Municipal Engineer, Environmental Commission or
Soil Conservation District. Each detention basin shall contain a primary
water depth capacity which will accept all surface water directed
to it from a twenty-five-year statistical storm. The detention basin
shall have a secondary water depth capacity which, together with the
primary water depth capacity, will accept all surface water directed
to it from a one-hundred-year statistical storm. All stormwater runoff
from the property shall be directed through one or more detention
basins. The primary water depth capacity shall have one or more outlets
permitting complete draining of the maximum capacity of the detention
basin at the primary water depth in not less than 24 hours. The same
outlet(s) shall provide for draining the detention basin capacity
of the primary and the secondary water depth capacity in not less
than 48 hours. (New)
(c)
Vertical holes filled with coarse rock may be provided within
the detention basin for percolation into the soil.
(d)
Impoundment/detention basins along any stream that maintains
a steady flow of water throughout the year may be constructed, provided
any improvements designed to provide such impoundment/detention facilities
shall be designed to meet the standards of the Municipal Engineer
and have the approval of the New Jersey Department of Environmental
Protection and shall have the proper amount of sustained water flow
downstream, proper depth of water to control vegetation and a proper
design to prevent water stagnation in any part of the pond.
(e)
Where storm drains are installed outside streets, easements
or rights-of-way may be required.
(39)
Streetlighting. Streetlighting standards of a type and number
approved by the approving authority and Municipal Engineer shall be
installed at street intersections and elsewhere as deemed necessary
by the approving authority.
(40)
Streets.
(a)
All development shall be served by paved streets with an all-weather
base and pavement with an adequate crown. The arrangement of streets
not shown on the Master Plan shall be such as to provide for the appropriate
extension of existing streets, conform to the topography as far as
practicable and allow for continued extension into adjoining undeveloped
tracts.
(b)
When a development adjoins land capable of being developed or
subdivided further, suitable provisions shall be made for optimum
access from the adjoining tract to existing or proposed streets.
(c)
Local streets shall be designed to discourage through traffic.
(d)
In all residential zones, development bounded by any arterial
or collector street shall control access to said streets by having
all driveways intersect minor streets. Where the size, shape, location
or same other unique circumstance may dictate no other alternative
than to have a driveway enter an arterial or collector street, the
lot shall provide on-site turnaround facilities so it is not necessary
to back any vehicle onto an arterial or collector street and abutting
lots shall share a common access drive. All lots requiring reverse
frontage shall have an additional 25 feet of depth to allow for the
establishment of the buffers outlined below unless such buffers are
established in a reserve strip controlled by the municipality or county.
That portion of the development abutting an arterial or collector
street right-of-way shall be planted with nursery grown trees to a
depth of not more than the twenty-five-foot buffer strip along the
right-of-way line and for the full length of the development so that
in a reasonable period of time a buffer area will exist between the
development and the highway, or, where topography permits, earthen
berms may be created at a sufficient height to establish a buffer
between the development and the highway. Berms shall not be less than
five feet in height; they shall be stabilized by ground cover to prevent
soil erosion and shall be planted with evergreens and deciduous trees
according to a landscaping plan so as to be designed to have no adverse
effect on nearby properties. All trees shall be of nursery stock having
a caliper of not less than 21/2 inches as measured three feet above
ground level and be of an approved species grown under the same climatic
conditions as at the location of the development. They shall be of
symmetrical growth, free of insect pests and disease, suitable for
street use and durable under the maintenance contemplated.
(e)
In all developments the minimum street right-of-way shall be
measured from lot line to lot line and shall be in accordance with
the following schedule, but in no case shall a new street that is
a continuation of an existing street be continued at a width less
than the existing street although a greater width may be required
in accordance with the following schedule. Where any arterial or collector
street intersects another arterial or collector street, the right-of-way
and cartway requirements shall be increased by 10 feet on the right
side of the street(s) approaching the intersection for a distance
of 300 feet from the intersection of the center lines.
|
Classification
|
ROW Width
(feet)
|
Traffic Lanes
|
Width Between Curbs
(feet)
|
Total Utility and Right-of-Way Outside the Curb*
(feet)
|
|---|---|---|---|---|
|
Arterial
|
86
|
4 @ 12'
|
64
|
22
|
|
Collector
|
60
|
2 @ 12'
|
40
|
20
|
|
Primary local
|
56
|
2 @ 10'
|
36
|
14
|
|
Secondary local
|
50
|
2 @ 10'
|
30
|
20
|
|
* Shall be grass-stabilized topsoil, minimum four inches deep.
|
(f)
No development showing reserve strips controlling access to
streets or another area, either developed or undeveloped, shall be
approved except where the control and disposal of land comprising
such strips has been given to the governing body.
(g)
In the event that a development adjoins or includes existing
municipal streets that do not conform to widths as shown on either
the Master Plan or the street width requirements of this chapter,
additional land along both sides of said street sufficient to conform
to the right-of-way requirements shall be anticipated in the subdivision
design by creating oversized lots to accommodate the widening at some
future date. The additional widening may be offered to the municipality
for the location, installation, repair and maintenance of streets,
drainage facilities, utilities and other facilities customarily located
in street rights-of-way and shall be expressed on the plat as follows:
"Street right-of-way easement granted to the municipality permitting
the municipal locality to enter upon these lands for the purposes
provided for and expressed in the Development Ordinance." This statement
on an approved plat shall in no way reduce the subdivider's responsibility
to provide, install, repair or maintain any facilities installed in
this area dedicated by ordinance or as shown on the plat or as provided
for by any maintenance or performance guaranties. If the subdivision
is along one side only, 1/2 of the required extra width shall be anticipated.
(h)
Longitudinal grades on all local streets shall not exceed 10%,
nor 4% on arterial and collector streets. No street shall have a longitudinal
grade of less than three-fourths of one percent (3/4 of 1%). Maximum
grades within intersections shall be 4%. The slope of the cartway
from the center line to the curbline or edge of the paving shall be
2%. Where the cartway is banked to facilitate a curve in the street
in the alignment, the slope toward the curbline or shoulder shall
conform to accepted engineering practice.
(i)
Intersecting street center lines shall be as nearly at right
angles as possible and in no case shall they be less than seventy-five
degrees (75°) at the point of intersection. The curblines shall
be parallel to the center line. Approaches to all intersections shall
follow a straight line for at least 100 feet, measured from the curbline
of the intersecting street to the beginning of the curve. No more
than two street center lines shall meet or intersect at any one point.
Streets intersecting another street from opposite sides shall have
at least 250 feet between the two street center lines. Any development
abutting an existing street which is classified as an arterial or
collector street shall be permitted not more than one new street every
800 feet on the same side of the street within the boundaries of the
tract being subdivided. In the spacing of streets, consideration will
be given to the location of existing intersections on both sides of
the development. Intersections shall be rounded at the curbline, with
the street having the highest radius requirement as outlined below
determining the minimum standard for all curblines: arterial at 40
feet; collector at 30 feet; and local streets at 20 feet. No local
streets shall be part of a four-way intersection.
(j)
Sight triangles shall be provided as required in Subsection A(34), sight triangles, of this section.
(k)
A tangent at least 200 feet long shall be introduced between
reverse curves on arterial and collector streets. When connecting
street lines deflect in any direction, they shall be connected by
a curve with a radius conforming to standard engineering practice
so that the minimum sight distance within the curbline shall be 160
feet for a local street, 300 feet for a collector street and 550 feet
for an arterial street.
(l)
All changes in grade where the difference in grade is 1% or
greater shall be connected by a vertical curve having a length of
at least 50 feet for each 2% difference in grade or portion thereof
and providing minimum sight distances of 160 feet for a local street,
300 feet for a collector street and 550 feet for an arterial street.
Intersections shall be designed with as flat a grade as practical
with the advice of the Municipal Engineer.
(m)
Where dead-end (cul-de-sac) streets are utilized, they shall
conform to the following standards:
[1]
Dead-end streets of a permanent nature (where provision for
the future extension of the street to the boundary of the adjoining
property is impractical or impossible) or a temporary nature (where
provision is made for the future extension of the street to the boundary
line of adjoining property) shall provide a turnaround at the end
with a right-of-way radius of not less than 60 feet and a cartway
radius of not less than 50 feet. The center point for the radius shall
be on the center line of the associated street or, if offset, to a
point where the cartway radius also becomes a tangent to the right
of the center lines of the street, facilitating the turnaround movement.
[2]
If a dead-end street is of a temporary nature, provisions shall
be made for removal of the turnaround and reversion of the excess
right-of-way to the adjoining properties as off-tract responsibility
of the developer creating the street extension when the street is
extended.
(n)
No street shall have a name which will duplicate or so nearly
duplicate in spelling or phonetic sound the names of existing streets
as to be confusing therewith. The continuation of an existing street
shall have the same name. The names of new streets must be approved
by the governing body.
(41)
Street signs. Street signs shall be metal on metal posts, of
the type, design and standard required in the Street Ordinance or,
if there is no Street Ordinance in effect at the time, then as approved
by the approving authority on advice of the Municipal Engineer. The
location of the street signs shall be determined by the Engineer,
but there shall be at least two street signs furnished at each four-way
intersection and one street sign at each T-intersection. All signs
shall be installed free of visual obstruction.
(42)
Swimming pools.
(a)
No private residential pool shall be installed on any lot unless
said lot shall contain a residence and said pool shall be accessory
to the residence. The pool shall meet the side and rear yard requirements
for uses in the district in which it is located. No pool shall be
located in the front yard.
(b)
A pool shall occupy no more than the equivalent of 50% of the
yard area in which it is located. For purposes of calculating the
area of a pool, the area shall include the water surface, the patio
adjoining the pool and any pumping, circulation and other mechanical
equipment required to operate the pool. In no instance shall any pool,
when considered in conjunction with all other buildings, structures
and uses on a lot, exceed the permitted maximum lot coverage regulation
for the zone in which the lot is situated.
[Repealed 1-23-1990 by Ord. No. 4-90; added 7-14-1992 by Ord. No. 23-92]
(c)
Pools shall otherwise be installed, operated and used in accordance
with other health and safety ordinances regarding water filtration,
circulation and treatment, fencing, noise and lighting.
(43)
Trailers. No trailer, auto trailer, trailer coach, travel trailer
or camper shall be used for dwelling purposes or as sleeping quarters
for one or more persons, nor shall any such trailer or camper be used
for storage or space for the permanent conduct of any business, profession,
occupation or trade, except that such facilities may be used for temporary
residency as the temporary replacement of a damaged dwelling unit
and for temporary use as a construction office located on a site during
construction, provided that a temporary permit has been issued for
its use by the Building Inspector. This section shall not be construed
so as to prohibit the parking or storage of such trailers and campers
on private premises in conformance with all applicable ordinances
and codes.
(44)
Yards.
(a)
No open space provided around any principal building for the
purpose of complying with front, side or rear yard provisions shall
be considered as providing the yard provisions of another principal
building. On a lot which extends through a block in a manner resulting
in frontage on two or more streets, including corner lots, front yard
requirements shall be complied with on all street frontages.
[Amended 5-2-1984 by Ord.
No. 1109]
(b)
No front yard shall be used for open storage of boats, vehicles
or any other equipment, including parking on driveways, except in
the instance of a maximum twelve-foot-wide driveway directly leading
to a garage, carport, etc., for the parking of a passenger vehicle.
(45)
Water supply. The developer shall arrange for the construction
of water mains in such a manner as to make adequate water service
available to each lot, dwelling unit or use within the development.
The entire system shall be designed in accordance with the requirements
and standards of the Middlesex Water Company and state agency having
approval authority and shall be subject to their approval. The system
shall also be designed with adequate capacity and sustained pressure
for the present and probable future development.
(46)
Inspection, materials, testing and costs.
(a)
All improvements, except electric, gas, private utility lines
and telephone lines, shall be subject to the inspection and approval
of the Municipal Engineer, and the Utilities Department shall do its
own inspection.
(b)
The office of the Municipal Engineer shall be notified in writing
at least 72 hours prior to commencement of any phase of the project.
(c)
No underground installation shall be covered until inspected
and approved by the Municipal Engineer.
(d)
Where, in the opinion of the Municipal Engineer, materials shall
be tested for conformance with specifications, the property owner
or developer (in the case of a subdivision) shall be responsible for
all costs charged by the testing agency selected by the Municipal
Engineer.
(e)
In the case of a subdivision, the developer shall pay all inspection
fees. The developer shall deposit with the Municipal Clerk 5% of the
estimated cost of the improvements in the performance bond in the
form of cash or certified check to cover the cost of inspections.
(f)
(g)
Changes in plans; final approval.
[1]
No minor changes can be made to the approved site plan unless
granted in writing by the Board Consultant. Any major changes may
necessitate another review by the Planning Board.
[2]
Final approval by the Municipal Engineer will not be given until
the project is 100% completed, inspected and certified in writing
by the Municipal Engineer that the project has been built in accordance
with the plans and specifications of the approved project.
(47)
As-built plans.
(a)
Prior to the acceptance by the municipality of any improvement
in a subdivision and the release of a performance guaranty covering
same, there shall be filed with the Planning Board Secretary (6) six
prints of as-built plans and profiles drawn to a suitable scale. Such
drawings shall show how the improvements were actually constructed
and installed and be certified as to accuracy.
[New]
(b)
Whenever, in the opinion of the Board Consultant, as-built plans
are required for improvements other than subdivisions, this shall
be made a condition of approval and included in the resolution. The
specific requirements of the as-built plans shall be provided in writing
by the Board Consultant.
(48)
Recycling facilities and design standards for developments of
50 or more units of single-family or two-family housing; any multi-family
or townhouse housing and any non-residential development for the utilization
of 1,000 square feet or more of land.
[Added 4-26-1994 by Ord.
No. 11-94, amended 11-20-2007 by Ord. No. 32-2007]
(a)
Residential-single-family and two-family dwellings: Each single-family
dwelling unit shall be designed to provide a location containing at
least 18 cubic feet of space per unit for the storage of designated
recyclable material. The location shall be clearly marked as such
on floor plans of the dwelling unit.
(b)
Multifamily and townhouse dwellings. Recycling
facilities shall be provided for multifamily and townhouse dwellings
in accordance with the following:
[1]
Each multifamily and townhouse dwelling unit shall be designed
to provide a location containing at least 12 cubic feet of space per
unit for the storage of designated recyclable materials. The location
shall be clearly marked as such on floor plans of the dwelling unit.
[2]
There shall be included in any new multifamily housing development which requires subdivision or site plan approval one or more indoor or outdoor recycling areas for the collection and storage of residentially generated recyclable materials. At a minimum, there shall be one recycling area for each 75 units or portion thereof. The dimensions of the recycling areas shall be sufficient in size to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. Outdoor recycling areas shall include a concrete pad of the same minimum size. The dimensions of the recycling areas and the bins or containers shall be determined in consultation with the recycling coordinator and shall be consistent with the district recycling plan, as adopted according to law; any applicable requirements of the City master plan, as adopted according to law; and the City land use ordinance in Chapter 53.
[3]
The recycling areas shall be conveniently located for the residential
disposition of source-separated recyclable materials, preferably near,
but clearly separated from refuse containers.
[4]
The recycling areas shall be well lit and shall be safely and
easily accessible by recycling personnel and vehicles. Collection
vehicles shall be able to access the recycling areas without interference
from parked cars or other obstacles. Reasonable measures shall be
taken to protect the recycling areas and the bins or containers placed
therein against theft of recyclable materials, bins or containers.
[5]
The recycling areas or the bins and containers placed therein
shall be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recyclable
paper or cardboard, and which are located in an outdoor recycling
area, shall be equipped with a lid, or otherwise covered, so as to
keep the paper or cardboard dry.
[6]
Signs clearly identifying the recycling areas and the materials
accepted therein shall be posted adjacent to all points of access
to the recycling areas. Individual bins or containers shall be equipped
with signs indicating the materials to be placed therein.
[7]
Each recycling area shall be enclosed on three sides by a solid
fence six feet in height and landscaping shall be provided around
the fence.
[8]
The garden apartment or mobile home park owner or the incorporated
homeowners' condominium association shall be responsible for providing
general maintenance of the recycling areas, including but not limited
to removal of snow and ice, pad and pavement maintenance, and fence
and landscaping maintenance.
[9]
If the City determines that the curbside collection shall be
applicable to any multifamily housing development, the developer,
for new construction, or the garden apartment or mobile home park
owner or the incorporated homeowners' or condominium association shall
provide a designated area for curbside collection at each unit. For
new construction, access for such collection shall be designed so
as to provide an adequate turning radius for collection vehicles without
interference from parked cars or other obstacles.
(c)
Nonresidential developments. Nonresidential developments
shall provide recycling facilities in accordance with the following:
[1]
All nonresidential developments shall submit a recycling plan
that includes the following information:
[a]
A description of the type of business expected
to occupy the building. If, during site plan or subdivision review,
the business type is unknown, a recycling plan will be submitted as
part of the tenancy review process prior to issuance of a certificate
of occupancy.
[c]
The approximate amount of each recyclable material
expected to be generated, in cubic yards or tons, monthly or annually.
[d]
Material separation and handling practices, which
shall include the following:
[i]
A list of areas where material is expected to be generated.
[ii]
A method, in a manner acceptable to the recycling
coordinator, of storing material at the point of generation, where
applicable.
[iii]
A method of moving material from the generation
area to the storage area, where applicable.
[iv]
The location of the designated storage area.
[v]
The size of the storage area. An explanation of
the method used to determine the size of the storage area shall be
provided.
[vi]
The size and type of container used to store each
material, both at the point of generation and storage prior to vendor
pickup. An explanation shall be provided concerning how the determination
was made for the sizing of storage containers.
[vii]
The method of screening the recycling container,
where applicable.
[viii]
The method of material removal, including frequency
of pickup and the type of vehicle expected to be used for pickup.
[ix]
Safeguards to minimize confusion between recycling
areas and collection procedures.
[2]
Site and space requirements for designated materials are listed
in the master plan recycling element.
(d)
Recycling plan. A plan in the form of a narrative description and diagrams or maps, shall be submitted for every development proposal for the constructions of 50 or more units of single-family or two-family housing, any multifamily or townhouse housing and any non-residential development proposal for the utilization of 1000 square feet or more of land. The plan shall include details as to the storage, collection, disposition and recycling of recyclables materials as designated in Chapter 79 and shall comply with the requirements of Section 79-11.
(49)
Outdoor storage-refuse and recycling.
[Added 11-20-2007 by Ord.
No. 32-2007]
(a)
Residential.
[1]
Each major application for residential development shall include
provisions for the collection, deposition, and recycling of recyclable
materials and refuse.
[2]
Each multi-family complex must provide bins in a convenient
location or locations in a common area as drop-offs for storing refuse
and recyclables until collection occurs.
[3]
The holding area hall provide for truck access and loading,
shall be suitably screened from view, and set back from property lines.
The screening shall include a solid wall and evergreen vegetation
equal to or greater than the height of the storage receptacles.
(b)
Nonresidential.
[1]
Each application for a nonresidential use which utilizes 1,000
square feet or more of land shall include provisions for the collection,
disposition and recycling of recyclable materials and refuse. The
applicant shall provide a screened storage area. The storage area
shall be designed for truck access for pick-up of materials and shall
be suitably screened from view if located outside a building by a
solid wall and evergreen vegetation equal to or greater than the height
of the storage receptacles.
[2]
All nonresidential uses shall provide a screened area for the
storage of pallets, trash, and recyclable materials.
