[Ord. No. 564, 9-6-2000]
A. 
Drainage for all developments, whether residential or nonresidential, shall be provided in accordance with the standards set forth at N.J.A.C. 5:21, the Residential Site Improvement Standards (RSIS).
B. 
All lots shall be graded to secure proper drainage away from the buildings. Additionally, drainage shall be provided for all lots in a manner consistent with the RSIS which will prevent the collection of stormwater in pools or other unauthorized concentrations of flow, and, to the greatest extent possible, water shall not flow across adjacent property lines.
C. 
A final drainage plan shall accompany the final subdivision or site plan. Such drainage plan shall show the same information as required on the preliminary plan with the addition that the individual lot grading shall be shown as follows:
(1) 
Final grades shall be shown for each corner, all high and low points and breaks in grade, finished floor elevations of structures, finished grades of septic systems, if applicable, and at the corners of tentative structure locations. If the use of drainage swales is intended, the elevation of these swales shall be shown. The minimum grade of disturbed areas shall be 1.5%. Prior to construction of foundation walls, an as-built plan of the horizontal and vertical location of the foundation footing shall be submitted to the Zoning Officer for review and approval. As a condition precedent to the issuance of a certificate of occupancy for any lot in the development, the developer or building contractor shall submit an as-built lot grading plan to the Borough bearing an engineer's certification that the lot grading complies with the approved final lot grading and soil erosion and sediment control plans for the development.
D. 
Detention and retention basins for single-family residential, non-cluster subdivisions shall be constructed on a separate lot specifically reserved for such purpose, which lot shall be dedicated to the Borough. Detention and retention basins for cluster and multifamily residential developments shall be located in the common open space to be maintained by the homeowners' association or property owner(s). Detention and retention basins in nonresidential developments shall be owned and maintained by the property owner(s).
E. 
Regional detention or retention basins utilized by several property owners within a drainage basin are encouraged, and the feasibility of such joint facilities shall be examined by the applicant and reported upon to the Borough Engineer.
F. 
Approval of new or replacement drainage structures shall be obtained from all required Borough, county, state and federal agencies and offices. Each applicant shall make appropriate application to the NJDEP, the Hunterdon County Planning Board, the Hunterdon County Soil Conservation Service and the Borough Engineer. Final approval shall not be effective until letters of approval from the proper governmental authorities shall be furnished to the Board with a copy of each letter forwarded to the Borough Engineer.
G. 
When required by the Borough, and as indicated on an approved development plan, a drainage right-of-way easement shall be provided to the Borough where a tract or lot is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream. The drainage right-of-way easement shall conform substantially with the lines of such watercourse and, in any event, shall meet any minimum widths and locations as shown on any adopted Official Map or Master Plan. Such easement shall be expressed on the plat as follows: "Drainage easement granted for the purposes provided and expressed in the Land Use Ordinance of Frenchtown Borough."
H. 
For all developments requiring site plan, subdivision, conditional use and/or variance approval, the applicant shall provide a computation of the additional peak rate of runoff anticipated from the site as a result of the approval of the proposed site plan, subdivision, conditional use and/or variance, using the methodologies set forth in the RSIS.
I. 
All developments, whether residential or nonresidential, requiring site plan, subdivision, conditional use and/or variance approval shall provide for on-site storage and controlled release of stormwater as regulated by the RSIS for any increase in the rate of stormwater runoff anticipated.
J. 
The applicant shall also document the anticipated impact that the additional runoff will have upon existing drainage structures located between the site and the downstream facilities and structures. If necessary, the applicant shall be required to make improvements to those structures to accommodate the additional runoff.
[Ord. No. 564, 9-6-2000]
A. 
Sight triangle easements shall be required at the intersection of a street with another street and at the intersection of a street with a driveway providing ingress and/or egress to a nonresidential or multifamily residential development. The sight triangle easement shall be in addition to the specified right-of-way width of the street(s) and cartway width of the driveway and shall be granted to the Borough of Frenchtown unless required to be granted to another governmental entity.
B. 
The sight triangle easement shall measure a minimum of 30 feet along the driveway or lesser street and a minimum of 100 feet along the intersecting street or major street. The measurements shall be taken along the curblines or edges of driveways and along the right-of-way lines of streets.
C. 
Sight distances shall be provided in accordance with 1990 AASHTO's "A Policy on Geometric Design of Highways and Streets" standards, based on the speed limits established by the government agency having jurisdiction over the street.
D. 
The existence of the required sight distance shall be verified by the Borough Engineer. Where the prescribed sight distance does not exist at a proposed intersection, additional lands may be required to be included within the sight triangle easement, and the applicant may be required to clear and/or grade in the vicinity of the proposed intersection and/or to reconstruct portions of the roadway, as necessary, to obtain the required sight distance.
E. 
Within a sight triangle easement, the location of structures exceeding 30 inches in height, the maintenance of shrubbery in excess of 30 inches in height, and the existence of tree branches that have not been trimmed to a minimum height of 10 feet above grade, such that the clear sight across the area of the easement would be obstructed, shall be prohibited. A public right-of-entry shall be reserved for the purpose of removing any object, material or otherwise, that obstructs the clear sight across the area of the easement.
F. 
The dimensions and purpose of the sight triangle easement shall be shown on the subdivision plat or site plan and expressed as follows: "Sight triangle easement to _____ for purposes provided for and expressed in Section 702 of the Land Use Ordinance of Frenchtown Borough."
G. 
The requirement to provide a sight triangle easement does not supersede any other requirement of this chapter to provide screening of parking lots, loading areas, etc. Where such screening is required, it shall be provided outside of the required sight triangle easement.
[Ord. No. 564, 9-6-2000]
A. 
Streetlighting.
(1) 
Streetlighting shall be provided at all street intersections. Moreover, additional streetlighting may be required at specific locations as deemed necessary for safety reasons by the locations as deemed necessary for safety reasons by the Borough Engineer, such as at locations with limited or hampered sight distance due to existing vegetation, a sharp curve of the street or an obtuse or sharply angled intersection.
(2) 
The type of required streetlighting to be supplied shall be in accordance with the recommendations of the Borough Engineer. The light intensity provided at ground level shall average at least 0.5 footcandle at intersections and 0.2 footcandle for other streetlighting. Metal halide and halogen lighting shall be filtered through tinted gels to reduce brightness and glare.
(3) 
Wherever electric utility installations are required to be underground, the applicant shall provide for underground service for required streetlighting.
(4) 
Fixtures for streetlighting shall be designed and placed to be consistent with the existing streetlighting fixtures along the same street, except that, where no streetlighting exists or where a new street is to be constructed, lighting fixtures and poles shall be no higher than 12 feet; shall be placed at intervals of 80 feet along all new streets and at all intersections, or as otherwise approved by the Board; shall be constructed of pressure-treated wood, steel, cast iron or aluminum, with poles and fixtures approved by the Board; shall be of consistent architectural style throughout the development; and shall complement the architectural style of the buildings.
B. 
On-site lighting.
(1) 
All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, multiple-family or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes. Provision shall be made for lighting to be turned off or reduced to the minimum intensity needed for security purposes during nighttime hours.
(2) 
The lighting plan in and around parking areas shall provide for nonglare, recessed lens lights focused downward with both horizontal and vertical cutoffs as needed. The light intensity provided at ground level shall be indicated in footcandles on the submitted plans and shall average no more than 0.5 footcandle within each area to be illuminated.
(3) 
The light intensity at any property line shall not exceed 0.5 footcandle, except that the light intensity shall not exceed 0.3 footcandle at any residential property line.
(4) 
All lights shall be shielded to restrict the maximum apex angle of the cone of illumination to 150°.
(5) 
For each lighting fixture, including any fixture used to illuminate a sign, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7.5% of the total quantity of light emitted from the light source.
(6) 
Lighting shall be provided by fixtures with a mounting height of not more than 12 feet or the height of the building, whichever is less, measured from the ground level to the top of the light source and shall be spaced a distance of not more than five times the mounting height of each fixture.
(7) 
Freestanding light poles shall be protected to avoid being damaged by vehicles.
(8) 
Whenever possible, walkways shall be lighted with low or mushroom-type standards.
(9) 
Flashing, moving, rotating or strings of lights, except Christmas lights, are prohibited.
(10) 
Halogen and metal halide exterior lighting shall be filtered through tinted gels to reduce brightness and glare.
(11) 
Any outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead skyglow. The objective of the foregoing specifications is to minimize undesirable off-premises effects, while still providing adequate illumination to minimize hazards for pedestrians and motor vehicles on site. No light shall shine into windows or shall shine onto streets and driveways in such a manner as to interfere with or distract driver vision and no light shall be directed off the premises. To achieve these requirements, the intensity of light sources, the method of light shielding and other parameters shall be subject to site plan approval.
(12) 
Fixtures for parking lot lighting shall be constructed of pressure-treated wood, steel, cast iron or aluminum, with poles and fixtures as approved by the Board. Lighting fixtures and poles shall be of consistent architectural style throughout the site or parking lot (if part of a common or approved intra-block public parking plan) and shall complement the architectural style of the building(s).
[Ord. No. 564, 9-6-2000]
A. 
Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.
B. 
Each lot must front upon an approved street, unless private streets and/or other accessways are provided and approved as part of the site plan and/or subdivision.
C. 
All lots shall be suitable for their intended use(s). Where there is a question as to the suitability of a lot or lots for the intended use(s) due to factors such as poor drainage, slope or flood conditions, or, where on-lot sewage treatment is necessary and the lot is found by the Board of Health to have conditions inadequate for proper on-site sewage disposal, the Board, after adequate investigation, may withhold approval of such lots. If approval is withheld, the Board shall give reasons and notify the applicant and enter the same in the minutes.
D. 
Concrete monuments shall be installed in accordance with the requirements of the New Jersey Map Filing Act.[1] All corners shall be marked with metal alloy pins.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
[Ord. No. 564, 9-6-2000]
A. 
Natural features such as trees, hilltops, views, natural terrain, open waters, critical areas and ridge lines shall be preserved to the maximum extent reasonably possible in designing any development containing such features.
B. 
No topsoil shall be removed from areas intended for lawns and open space. Topsoil moved during the course of construction shall be redistributed on the lot so as to provide at least four inches of cover to all areas, which cover shall be stabilized by seeding and/or planting in accordance with an approved plan.
C. 
No soil shall be removed from or be imported to any site in excess of 20 cubic yards per year without the prior approval of the Board. For this purpose, a plan shall be submitted showing how the soil is to be distributed and stabilized, including grading contours. If the soil is to be imported, a plan shall be submitted describing the methodology and frequency of testing the soil to ensure its safe quality. Finally, the plan shall describe the size and number of vehicles that are proposed for hauling the removed or imported soil together with the hauling route.
D. 
An effort shall be made to preserve the existing vegetation on the site. All trees having a caliper of six inches or more, measured four feet off the ground, which are not required to be removed pursuant to an approved site plan and which are located 25 feet or more from the actual building site or five feet or more from any paved area, shall be protected prior to the commencement of and during construction. The limits of disturbance together with the locations and species of the trees to be preserved shall be indicated on the site plan and/or subdivision submission, along with the proposed means of protection.
E. 
For the continued protection of certain natural features, the Board may require conservation easements.
F. 
See also § 50-707 for additional requirements.
[Ord. No. 564, 9-6-2000]
Except as specifically provided otherwise for residential uses and developments at N.J.A.C. 5:21, all off-street parking, loading areas and driveways shall be designed in accordance with this section.
A. 
Screening.
(1) 
A screen planting, berm, fence, wall, or combination thereof, not less than four feet in height, shall be provided between each off-street parking area containing six or more parking spaces and any lot line or street line except where a building intervenes or where the distance between such area and the lot line or street line is greater than 150 feet and except where the applicant will participate in an approved intra-block public parking plan.
The requirement to provide a sight triangle easement as set forth in § 50-702 shall not preclude compliance with this section, and all screening shall be located outside of the required sight triangle easement.
(2) 
All loading areas and areas and containers used for the storage of solid waste and recyclables shall be screened to obscure the view of the parked vehicles, loading platforms, containers, waste materials and recyclables from any public streets and adjacent properties throughout the year. Such screening shall be in the form of an extension of the building, fence, berm, wall, planting, or combination thereof and shall not be less than four feet in height.
(3) 
Each off-street parking area, regardless of the use it serves, shall have a minimum area equal to one parking space for every 20 spaces, which shall be in the form of landscaped islands. Approximately half the area of said landscaped island(s) shall have evergreen shrubs no higher than three feet, and the other half shall have shade trees with branches no lower than seven feet at time of planting. Such landscaped islands shall be distributed throughout the parking area in order to break the view of parked cars in a manner not impairing the safety of motorists and pedestrians. This requirement shall be waived for parking areas containing fewer than 20 spaces.
(4) 
See also § 50-707 for additional requirements.
B. 
Lighting. Lighting used to illuminate off-street parking and loading areas shall be in accordance with § 50-703B of this chapter. The details of the proposed lighting of all off-street parking and loading areas shall be shown on the site plan.
C. 
Paving, curbing and marking. All parking and loading areas and access drives shall be paved and curbed as outlined below unless otherwise specified by the Board and approved as part of the development application approval. All such parking areas, regardless of their size and location, shall also be suitably drained and maintained in accordance with the requirements of § 50-701.
(1) 
Areas of ingress and egress, parking stalls, loading and unloading areas, major interior driveways or access aisles and other areas likely to experience heavy traffic shall be paved with not less than six inches of compacted base course of plant-mixed bituminous, stabilized base course (Mix No. 1-2), constructed in layers of not more than two inches compacted thickness and prepared and constructed in accordance with "New Jersey State Highway Standards and Specifications for Roads and Bridge Construction" (1983) and any amendments thereto. A minimum of two inches compacted wearing surface of bituminous concrete mixture (Mix No. 1-5) shall be constructed thereon in accordance with the aforesaid New Jersey Highway Department specifications and amendments thereto.
(2) 
Where subgrade conditions of proposed paved areas are wet, yielding or of such a nature that surfacing would be inadvisable without first treating the subgrade, the areas shall be excavated to a suitable depth below the proposed grade and filled with Type 5, Class A quarry process stone or a suitable upgrade material as approved by the Borough Engineer. Where required by the Borough Engineer, a system of subsurface drains or an alternate solution approved by the Borough Engineer shall be constructed beneath the surface of the paved area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the surfacing material, as described heretofore, shall be constructed thereon.
(3) 
All paved parking and loading areas and access drives shall be curbed.
(4) 
All construction shall be in accordance with the "New Jersey State Highway Standards and Specifications for Road and Bridge Construction" (1983) and any amendments thereto, unless otherwise specified by the Board with the knowledge and written consent of the Borough Engineer.
(5) 
All off-street parking lots shall be clearly marked as approved by the Board to delineate parking spaces and direct traffic flows. The Board may require that certain areas be maintained for firefighting or other emergency purposes, and such areas shall also be clearly designated.
D. 
Access driveways.
(1) 
The center lines of access driveways on adjoining lots shall be spaced at least 20 feet apart.
(2) 
Each access drive shall handle no more than two lanes of traffic.
(3) 
On a corner lot, the access drive(s) shall be set back at least 50 feet or 1/2 the lot frontage, whichever is greater, from the point of tangency of the existing or proposed curb radius of either of the intersecting streets.
(4) 
Continuous open driveways having a width in excess of 16 feet at the street line shall be prohibited, except that two-way driveways approved by the Board shall be at least 24 feet wide.
(5) 
Where a lot will contain more than one access drive on the same street frontage, the center lines of such access drives shall be spaced at least 50 feet apart. In such case, however, access drives shall not occupy more than 30% of the lot's frontage on any one street.
(6) 
In all instances, due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes shall be given.
(7) 
Curbing shall be depressed at the driveway or the curbing may be rounded at the corners and the driveway connected with the street in the same manner as another street.
(8) 
All points of access shall be graded and adequate drainage facilities installed to prevent stormwater runoff from directly entering the public street. All drainage facilities shall be designed in accordance with § 50-701 of this chapter.
(9) 
All driveways and access drives serving residential and nonresidential uses in the Borough of Frenchtown shall comply with the requirements of the Borough's Driveway Ordinance.
(10) 
No use shall have its access from a driveway originating in a different zoning district than the one in which the use itself is located and no driveway shall be constructed or used to give access to a use in a zoning district other than the one in which the driveway is located.
(11) 
All portions of driveways serving single-family detached residential lots which are located within a street right-of-way or within 25 feet of the center line of a street, whichever is greater, shall be constructed in accordance with the Borough's Driveway Ordinance. Moreover, if any portion of a driveway for a single-family detached or two-family residential lot exceeds a profile grade of 8% at any point within the first 200 feet of the street right-of-way line, measured at the driveway center line, that portion of the driveway shall be paved with bituminous concrete, macadam or Portland cement.
E. 
Barrier-free access. All parking areas shall be designed in conformance with N.J.A.C. 5:23-7.1 et seq., the Barrier-Free Subcode, and applicable federal regulations.
F. 
Location of parking and loading.
(1) 
No parking or loading of vehicles shall be permitted in front yards, fire lanes, streets, driveways, landscaped areas, aisles, buffer areas, sidewalks, or turning areas.
(2) 
Internal roads and parking aisles shall be designed to reasonably accommodate the turning movements of emergency vehicles regularly and routinely serving Frenchtown Borough without requiring the mounting of curbs or interference with landscaping.
(3) 
Where a parking space abuts a landscaped area or walkway at one end, a wheel stop or bumper shall be placed within the parking space, two feet from the end, to keep vehicles from overhanging the sidewalk or planted area.
G. 
Type of facility.
(1) 
When parking spaces are provided within a garage or other structure, said structure shall adhere to the required principal or accessory building setbacks, as applicable.
(2) 
The provision of parking spaces also shall include adequate driveways and necessary turning areas for handling the vehicles for which provision is made.
(3) 
Except for the driveway providing access to a garage, all parking areas shall be designed to permit a motor vehicle to proceed to and from a parking space without requiring the moving of any other motor vehicle(s).
(4) 
Aisles providing access to parking areas shall have the following minimum dimensions; where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail:
Angle of Parking Space
One-Way Aisle
(feet)
Two-Way Aisle
(feet)
90°
22
24
60°
18
20
45°
15
20
30°
12
18
Parallel
12
18
[Ord. No. 564, 9-6-2000]
A. 
General principles.
(1) 
Landscaping shall be provided as part of each overall site plan design and integrated into building arrangements, topography, parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative manner.
(2) 
The existing sense and appearance of the rural village and natural scenic qualities of the Borough should be encouraged in site development. Retention and appropriate supplementation of existing vegetation is encouraged.
(3) 
A detailed landscaping plan shall be submitted with each preliminary site plan application. The plan shall identify existing and proposed trees, shrubs, bushes, plant material and ground cover, and natural features such as boulders and rock outcroppings. It shall show where they are or will be located and the proposed planting details and specifications.
(4) 
Landscaping plans shall be specific as to the location, size, spacing, quantity, and species (botanical and common name) of all plants, as well as the location, perimeter outline, type and thickness of all mulches. Size, quantity, species and other pertinent information shall also be listed in the form of a schedule on the landscaping plan. Where turf is anticipated, topsoiling, seeding or sodding, fertilizing, liming and watering specifications shall be provided. Planting details (staking, fertilizing, watering, soil mixture, etc.) specific to existing soil conditions and the exposure of the site shall also be provided.
(5) 
Where existing natural growth is proposed to remain, the applicant shall include in the plans the proposed methods to protect the existing trees and growth from injury during and after construction. These methods shall include fences, berms, curbing, tree wells and similar devices.
B. 
Specific design principles. The following design principles shall be observed in the design of a landscaping plan:
(1) 
Landscaping shall be located to provide for climate control. For example, shade trees planted on the south to shield the hot summer sun, and evergreens planted on the north and northwest for windbreaks.
(2) 
Landscaping shall be used to accent and complement buildings. For example, groupings of tall trees located to break up long, low buildings and lower trees and shrubs planted around taller buildings.
(3) 
Landscaping shall be provided in public areas, at recreation sites and adjacent to buildings.
(4) 
Vines and climbing plants shall be placed along large expanses of walls, to reduce heat buildup and for aesthetic purposes.
(5) 
Trees shall be massed at critical points, except along streets, where they shall be planted in a straight line at intervals of 30 feet or less, depending upon the species. Types of trees shall vary by neighborhood. At least two types of trees shall be used in each neighborhood for environmental diversity.
(6) 
Ground covers shall be used extensively to reduce erosion and are encouraged on slopes.
(7) 
A variety and mixture of landscaping shall be provided on each site. The mixture shall consider susceptibility to disease, colors, seasonal performance, texture, shapes, blossoms and foliage.
(8) 
Local soil conditions and water availability shall be considered in the choice of landscaping.
(9) 
The long-term impact of any proposed landscaping plan shall be considered. Shrubs may grow and eventually block sight distances. Foundation plants may eventually block outbuildings and accessways.
(10) 
It is preferable to have fewer large specimens than more small ones.
(11) 
Except as otherwise provided in this chapter, deciduous trees shall be at least two inches caliper, measured six inches from the ground, at the time of planting, and evergreens shall be at least four feet tall. Shrubs shall be at least 18 inches to 24 inches tall at time of planting. All plantings shall be balled and burlapped unless otherwise approved by the Board.
(12) 
Entrances to sites deserve special landscaping treatment.
(13) 
Existing large trees shall be saved by maintaining the grade around each tree, by construction of tree wells and walls, and by erecting protective fences during construction activities. Maximum effort shall be made to save groups of trees rather than individual ones.
(14) 
Parking lots shall be landscaped as provided in § 50-706A and in accordance with the following additional standards:
(a) 
Parking lots shall be canopied with trees for shade and to help reduce stormwater runoff.
(b) 
Landscaping in or near parking areas shall be designed and located to withstand the effects of snowplowing.
(c) 
All landscaping in or near parking areas and access drives shall be located so as not to obstruct vision. A variety of different types of trees and shrubs shall be grouped to soften views of parked vehicles.
(d) 
Trees shall be selected that can withstand an urban environment.
(15) 
Plantings shall be chosen to match the particular microclimate and space restrictions to which they will be exposed. For example, drought-tolerant plants shall be located in areas surrounded by pavement, and maples and other trees shall be located where their roots will not raise sidewalks.
(16) 
The preservation of natural wooded areas, rock outcroppings or topographic features, as well as historically interesting man-made features such as stone walls or stone rows, shall be an integral part of all site plans regardless of their location within or outside of required buffer areas; the Board may waive additional screening requirements where such features are present within a required buffer area.
C. 
Buffer areas and screening.
(1) 
Landscaping to be used in a required buffer area or for screening, alone or in combination with other screening devices, shall be a minimum of four feet high at time of planting and shall consist primarily of evergreen plant materials. Plantings shall be spaced appropriately in accordance with the types of plantings utilized. Where there is room, plantings shall be staggered in two or three rows.
(2) 
Each required buffer area shall include a landscaped screen consisting of massed evergreen and deciduous trees and shrubs of such species and size as to provide a complete visual screen at least four feet high at time of planting, or higher if required to achieve a complete visual screen, and of sufficient density to obscure throughout the full course of the year the glare of automobile headlights emitted from the premises and the sight of parking and loading areas and areas for the storage of refuse and recyclables.
(3) 
Required landscaped screens and screen plantings shall comply with the following:
(a) 
Massed evergreens used in screen plantings shall be at least four feet in height when planted and shall produce a complete year-round visual screen.
(b) 
The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year.
(c) 
The screen planting shall so placed that at maturity it will be no closer than three feet to any street right-of-way or property line.
(d) 
Sight triangles easements as required at § 50-702 of this chapter shall be maintained at all street intersections and at all points where access drives intersect public streets.
(e) 
Screen plantings shall be broken only at points of vehicular and pedestrian ingress and egress.
D. 
Shade and street trees.
(1) 
Shade trees.
(a) 
A minimum of six shade trees per acre shall be planted on single-family residential lots, and a minimum of six shade trees per acre of gross tract area shall be planted in open space areas. A minimum of six shade trees per acre of gross tract area shall be planted throughout the tract in the case of nonresidential or multifamily residential development.
(b) 
All newly planted shade trees shall be of American Standard Nursery Stock, shall have a minimum caliper of 2 1/2 inches to three inches, measured six inches from the ground, and shall be of a species indigenous to the area.
(2) 
Street trees.
(a) 
Street trees shall be selected to fit the size and type of space provided. For example, wide-spreading trees shall be planted where there is room, and small or narrow trees shall be used in restricted areas.
(b) 
Street trees shall be installed on both sides of all streets in accordance with the approved landscaping plan. Trees shall be massed at critical points, spaced evenly along the street, or both, as approved by the Board.
(c) 
When trees are planted at predetermined intervals along street, the required spacing shall depend on tree size:
Mature Tree Size
(to top of crown in feet)
Planting Interval
Small trees (to 25 feet)
15 feet on center
Larger trees (25+ feet)
20 feet on center, unless a wider interval, up to 30 feet on center, is approved by the Board
(d) 
When it is necessary due to intervening infrastructure for the spacing interval to exceed 30 feet, small ornamental trees shall be added between the larger trees. If a street canopy effect is desired, trees may be planted closer together, following the recommendations of a certified landscape architect. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight triangle easements, sight distances and streetlights. Trees should be specifically located to visually terminate streets and create a sense of spatial enclosure. Tree location and type, tree spacing and street tree planting objectives shall be approved by the Board as part of the landscaping plan.
(e) 
More than one variety of street tree shall be used along a street to avoid problems associated with monoculture.
(f) 
Trees shall be planted in groupings of similar varieties. Trees of similar form, height and character shall be used along a particular street to promote uniformity and allow for a smooth visual transition between species.
(g) 
Street trees shall be three inches to 3 1/2 inches caliper, measured six inches from the ground, at time of planting.
(h) 
Within a sight triangle easement, a tree may be planted with the approval of the Borough Engineer, provided such tree is of sufficient size at time of planting to enable it to be immediately pruned up to a ten-foot branching height.
E. 
Installation and maintenance.
(1) 
Requirements. All trees shall be of American Standard Nursery Stock, of substantially uniform size and shape, and shall have straight trunks. Trees shall be properly planted and staked and provision made by the applicant for regular watering and maintenance until the root systems are established.
(2) 
For two planting seasons following the initial planting, the applicant shall be responsible for replacing dead or dying street trees, which replacement shall occur within one year of the demise of the tree.
(3) 
All other site landscaping planted pursuant to an approved site plan shall also be maintained. Dead trees or shrubs shall be replaced by the site owner. Failure of the owner to comply with these provisions within six months of notification by the Zoning Officer shall be considered a violation of this chapter.
[Ord. No. 564, 9-6-2000]
A. 
Provision of underground service.
(1) 
All public services shall be connected to an approved public utilities system where one exists. The developer shall arrange with the servicing utility for the underground installation of the distribution supply lines and service connections, which shall be installed in accordance with the prevailing standards and practices of the serving utility or entity. Such installations shall be within easements or dedicated public rights-of-way as set forth hereinbelow.
(2) 
Lots which abut existing easements or public rights-of-way where overhead electric, CATV or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric, CATV and telephone service from these overhead lines, but any new service connections from the utilities' overhead lines shall be installed underground. In cases where extension or replacement of service is needed to existing or new buildings in established subdivisions or developments, the present method of service may be continued. In the case of existing overhead utilities, however, should a road widening or an extension of service or such other condition occur as a result of the development and necessitate the replacement or relocation of such utilities, the developer shall cause the replacement or relocation to be underground.
(3) 
New overhead lines may only be permitted in areas of severe geological conditions, provided the placement and alignment of the poles shall be designed to minimize the visual impact of the overhead lines, as an exception from N.J.A.C. 5:21, the Residential Site Improvement Standards (RSIS).
B. 
Placement of easements.
(1) 
Easements along property lines or elsewhere for utility installations may be required. Such easements shall be at least 15 feet wide and located in consultation with the affected utility company and, to the fullest extent possible, shall be centered on or adjacent to lot lines. Such easement dedication shall be expressed on the plat or plan as follows: "Utility right-of-way easement granted for the purposes provided for and expressed in the Land Development Ordinance of Frenchtown Borough." Utility easements along street right-of-way lines shall be a minimum of 10 feet in width.
(2) 
Where a utility easement is located on or along a side lot line, a minimum side yard of at least 10 feet which is unencumbered by the easement shall be provided on the lot.
C. 
Submission requirements.
(1) 
Upon submission of preliminary plats or plans for approval, the developer shall present a statement of intent, setting forth all public utility companies that will serve the tract, and a letter from each company stating that service will be available to the development. The preliminary plat or plan shall recite all public utilities that will serve the development. Should service not be provided consistent with the statement of intent, any approval granted by the Board shall be voided.
(2) 
Prior to the preconstruction meeting preceding the commencement of construction, the developer shall furnish the Board with copies of the agreements with the applicable public utility companies certifying the jurisdiction of the public utility company to serve the property; indicating agreement with the proposed utility installation design; and stating who will construct the facility so that service will be available prior to occupancy. The form of such agreement(s) shall be reviewed and approved by the Borough Attorney prior to the commencement of construction.
(3) 
The developer shall provide the Borough with four copies of a final "as built" plan showing the installed locations of all utility facilities prior to receiving a certificate of occupancy.
[Ord. No. 564, 9-6-2000]
A. 
Where public sanitary sewerage and sewage treatment capacity is available, the development shall be connected to existing sanitary sewer lines in accordance with the requirements of the utility authority, all NJDEP requirements and, where applicable, N.J.A.C. 5:21, the Residential Site Improvement Standards (RSIS).
B. 
Where public sanitary sewerage or adequate sewage treatment capacity is not available, individual subsurface sewage disposal systems may be used as a means of sewage disposal for single- and two-family dwelling units or their nonresidential equivalents, provided all requirements of N.J.A.C. 7:9A-3.2 and 3.16 are met.
C. 
In the event of approval of the use of individual subsurface sewage disposal systems in an area which will be sewered within a six-year period as shown in a sewer master plan, Official Map or other official document, the Board additionally may require the installation of capped sewer lines, as provided at N.J.A.C. 5:21-6.1 of the RSIS.
D. 
Where public sanitary sewerage or adequate sewage treatment capacity is not available, and a use other than a single- or two-family dwelling unit or their nonresidential equivalent is proposed, the developer shall either install a separate sewage treatment facility to serve the development which shall meet all NJDEP requirements and all requirements of N.J.A.C. 5:21, the Residential Site Improvement Standards (RSIS), if applicable, or may elect to upgrade the Borough's existing sewage treatment plant and sewerage facilities to accommodate the effluent from the development.
E. 
All new sanitary sewer lines shall be air and mandrel tested. Additionally, all new lines shall be televised and a videotape of the lines shall be provided to the Borough Engineer immediately prior to the activation of the sewer lines or acceptance of the streets in which the lines are constructed, whichever occurs earlier.
[Ord. No. 564, 9-6-2000]
A. 
Where public water is available, water mains shall be constructed in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the applicable water utility, the Residential Site Improvement Standards (N.J.A.C. 5:21), as applicable, and all local and/or state agencies having jurisdiction, subject to their approvals.
B. 
Where public water is not available, water shall be furnished by means of an individual well. Well installation, sealing and testing shall be in accordance with all applicable NJDEP and Borough Board of Health regulations. Prior to the issuance of a certificate of occupancy for any building served by an individual well, the developer shall provide a certification to the Board that the well has been installed in compliance with all applicable state and local regulations.
[Ord. No. 564, 9-6-2000]
A. 
Streets.
(1) 
All developments, whether residential or nonresidential, shall be served by paved streets designed in accordance with N.J.A.C. 5:21, the Residential Site Improvement Standards.
(2) 
The arrangement of new streets not shown in an adopted Master Plan or on the Official Map of the Borough shall be such as to provide for the appropriate extension of existing streets and to conform with the topography of the land as far as practicable. Residential access streets shall be planned so as to discourage through traffic.
(3) 
When a new development adjoins land susceptible to being subdivided or developed, suitable provisions shall be made for access to the adjoining lands, as approved by the Board.
(4) 
The right-of-way width of a new street shall be measured from lot line to lot line and shall not be less than 50 feet unless a greater width is required pursuant to the RSIS.
(5) 
Subdivisions that adjoin or include existing streets that do not conform to required street widths shall provide for the dedication of the additional roadway width needed along either one or both sides of said road. If the subdivision abuts one side of the road only, 1/2 of the required extra width shall be conveyed.
(6) 
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of the land comprising such strip has been placed with the Borough Council under conditions approved by the Board.
(7) 
No new street shall be given a name which will duplicate or so nearly duplicate the name of an existing street that confusion results. The continuation of an existing street shall have the same name as the existing street. The Board reserves the right to approve the naming of streets within each proposed development.
B. 
Curbs. Curbing of new streets shall be Belgian or granite block. All curbing shall be installed as required at N.J.A.C. 5:21, the Residential Site Improvement Standards (RSIS).
C. 
Sidewalks and bike paths.
(1) 
Sidewalks shall be provided as required at N.J.A.C. 5:21, the Residential Site Improvement Standards (RSIS), and throughout all nonresidential developments and zones.
(2) 
Bicycle paths and lanes shall be provided as shown in the Borough's adopted Master Plan, in accordance with the RSIS.
(3) 
Sidewalks shall ordinarily be located in the traditional manner between the proposed edge of pavement and right-of-way line of the street except where, in the alternative, the Board requires that the sidewalks be set back farther from the proposed edge of pavement and/or constructed in a meandering pattern, due to topography or existing natural features or to provide visual interest. In such instances, the sidewalks shall either be contained within the right-of-way or within a ten-foot strip of land adjacent to the street right-of-way otherwise provided for the location of underground utilities and known as the "utility easement," or shall utilize portions of both.
[Ord. No. 564, 9-6-2000]
A. 
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residential building.
B. 
A pool is considered an accessory structure, shall be located in a rear or side yard, and shall meet all requirements of § 50-303, Accessory buildings and structures, except that: a pool shall be located at least 15 feet from any lot line; there shall be no minimum distance requirement between the pool and principal structure; a minimum separation of 10 feet shall be maintained between a swimming pool and a septic tank; and a minimum of 20 feet shall be maintained between a swimming pool and a sewage disposal field.
C. 
A private residential swimming pool, whether in-ground or above-ground, shall be enclosed by a permanent wooden privacy fence sufficient to hide the pool area from public view and make it inaccessible to small children. The fence, including the gate therein, shall not be less than four feet in height nor more than six feet in height. All gates shall be self-closing and self-latching, with latches placed at least four feet above the ground, and shall be made inaccessible from the outside to small children. In the case of hot tubs and whirlpools only, a natural barrier or hedge enclosure may be substituted for the fence, provided the hot tub or whirlpool is kept covered when not in use.
D. 
No commercial, public or quasi-public swimming pool shall be constructed or installed unless approved by the Board as part of an approved site plan. Such swimming pools shall be classified into types in accordance with their particular uses and shall meet all applicable construction requirements of the State of New Jersey and the design standards of the National Swimming Pool Institute.
[Ord. No. 564, 9-6-2000]
A. 
Purpose. It is the purpose of this section 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 reduce the danger from stormwater runoff, to retard nonpoint pollution from sediment and to conserve and protect the land, water, air and other environmental resources and to promote the safety, public health, convenience and general welfare of the community.
B. 
Regulations.
(1) 
No land area within the Borough shall be disturbed by any person, partnership, corporation, municipal corporation or other public agency within the municipality for any project as defined in N.J.S.A. 4:24-39 et seq. (the Soil Erosion and Sediment Control Act) unless the applicant has submitted to the Hunterdon County Soil Conservation District a plan to provide for soil erosion and sediment control for such land area in accordance with the standards of N.J.A.C. 2:90-1.1 et seq. promulgated by the State Soil Conservation Committee of the Department of Agriculture pursuant to N.J.S.A. 4:24-42 et seq.; such plan has been certified by the Hunterdon County Soil Conservation District; and a copy of that certification has been filed with the Zoning Officer, except as specifically exempted under Subsection J hereinbelow.
(2) 
No approval shall be granted for any application for development or for any project as defined in N.J.S.A. 4:24-39 et seq. (see Subsection J hereinbelow) unless the applicant has submitted and obtained certification of a plan for soil erosion and sediment control from the Hunterdon County Soil Conservation District in the manner provided in Subsection B(1) above.
C. 
Data required and fees.
(1) 
The applicant shall submit a separate soil erosion and sediment control plan for each noncontiguous site. The plan shall conform to the standards of N.J.A.C. 2:90-1.1 et seq. promulgated by the State Soil Conservation Committee of the Department of Agriculture pursuant to N.J.S.A. 4:24-42. Plan preparation shall be by or under the direction of a professional engineer or architect licensed in the State of New Jersey pursuant to N.J.S.A. 13:27-6.1 et seq. The applicant may consult with the Hunterdon County Soil Conservation District in selecting appropriate soil erosion and sediment control measures. Such plan shall contain all information required by the Hunterdon County Soil Conservation District.
(2) 
Fees charged shall be in accordance with the current fee schedule adopted by the Hunterdon County Soil Conservation District for the certification of plans and for on-site inspections of the execution of certified plans and shall be payable directly to the Hunterdon County Soil Conservation District.
D. 
Revisions of data. All proposed revisions of required data shall be submitted for approval.
E. 
Review and approval. Soil erosion and sediment control plans shall be submitted to the Hunterdon County Soil Conservation District for review and certification when determined to be in conformance with the State Soil Conservation Committee standards. The Hunterdon County Soil Conservation District shall provide the applicant with written notice of the decision regarding the plan within 30 days of the submission of a complete plan unless, by mutual agreement in writing, this period is extended for an additional 30 days. Failure of the Hunterdon County Soil Conservation District to make a decision within such period or such extension thereof shall constitute certification. Notification shall state that:
(1) 
The plan was approved;
(2) 
The plan was approved subject to conditions attached; or
(3) 
The plan was denied approval with reasons for denial included. A copy of the Hunterdon County Soil Conservation District's decision, including name of applicant, site location by street address and Tax Map lot and block number and proposed land use, shall be sent to the Borough. The Borough shall also make available such information as may be required by the Hunterdon County Soil Conservation District in the performance of its responsibilities under N.J.S.A. 4:24-39 et seq.
F. 
General design principles. Soil erosion and sediment control measures shall apply to all aspects of the proposed land disturbance and shall be in operation during all stages of the disturbance activity. The principles contained in the standards promulgated by the State Soil Conservation Committee shall apply to the soil erosion and sediment control plan.
G. 
Maintenance. All necessary soil erosion and sediment control measures installed under this chapter shall be monitored by the municipality and shall be adequately maintained by the developer for one year after completion of the execution of the certified soil erosion and sediment control plan or until such measures are permanently stabilized as determined by the Hunterdon County Soil Conservation District.
H. 
Maintenance bonds. The applicant shall file with the Borough a bond in cash and a certified soil erosion and sediment control plan prior to the issuance of a construction permit. The amount of the bond shall be determined by the Borough Engineer based upon a review and approval of an estimate of quantities and costs to complete the work prepared by the applicant. In no event shall it be less than $100. The bond shall be conditioned as follows:
(1) 
That the applicant shall complete the work required by the plan on or before the date of completion set forth in the application;
(2) 
That the applicant shall repair any public street, structures or land which may be damaged as a result of the work authorized by the plan; and
(3) 
That the applicant shall maintain the soil erosion and sediment control plan for one year after the completion of a permanent improvement or for the life of a temporary improvement.
I. 
Penalties for violations. If any person violates any of the provisions of this section, any standard of N.J.A.C. 2:90-1.1 et seq. promulgated by the State Soil Conservation Committee pursuant to N.J.S.A. 4:24-42 et seq., or fails to comply with the provisions of a certified soil erosion and sediment control plan, the Borough or the Hunterdon County Soil Conservation District may institute a civil action in Superior Court for injunctive relief to prohibit and prevent such violation or violations, and said Court may proceed in a summary manner. Any person who violates any of the provisions of this section, or violates any standard of N.J.A.C. 2:90-1.1 et seq. promulgated by the State Soil Conservation Committee pursuant to N.J.S.A. 4:24-42 et seq., or fails to comply with the provisions of a certified plan, shall be liable to a penalty of not less than $25 nor more $3,000 to be collected in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.)[1] in Superior Court or in municipal court. If the violation is of a continuing nature, each day during which it continues shall constitute an additional separate and distinct offense.
[1]
Editor's Note: See now N.J.S.A. 2A:58-10 et seq.
J. 
Exemptions. The following activities are specifically exempt from the provisions of this § 50-713:
(1) 
Any disturbance of land which does not constitute a "project," the term "project" being any disturbance of more than 5,000 square feet of the surface area of land for any of the following purposes:
(a) 
For the accommodation of construction for which the State Uniform Construction Code would require a construction permit, except that the construction of a single-family dwelling unit shall not be deemed a "project" under this definition, unless such unit is part of a proposed subdivision, site plan, conditional use, zoning variance, planned development or construction permit application involving two or more such single-family dwelling units. Such exemption for a single-family dwelling shall not apply where the unit or the disturbance associated with the construction of the unit is within 100 feet of a "Blue Line Stream" and/or the slope of the area to be disturbed is 10% or greater.
(b) 
For the demolition of one or more structures.
(c) 
For the construction of a parking lot.
(d) 
For the construction of a public facility.
(e) 
For the operation of any mining or quarrying activity.
(f) 
For the clearing or grading of any land for other than agricultural or horticultural purposes.
(2) 
Disturbance of land for ordinary gardening and landscaping which is not in conjunction with any project as defined in Subsection J(1) above.
(3) 
Agricultural use of lands when operated in accordance with a farm conservation plan approved by the Hunterdon County Soil Conservation District or when it is determined by the Hunterdon County Soil Conservation District that such use will not cause excessive erosion and sedimentation.
K. 
Inspections and enforcement.
(1) 
The requirements of this § 50-713 of this chapter shall be enforced by the Hunterdon County Soil Conservation District, which shall also inspect the work. If the Hunterdon County Soil Conservation District finds existing conditions not as stated in the applicant's soil erosion and sediment control plan, the Hunterdon County Soil Conservation District or the Borough may refuse to approve further work and require necessary soil erosion and sediment control measures to be promptly installed and may seek other penalties as provided in Subsection I hereinabove.
(2) 
The applicant shall be required to have the approved soil erosion and sediment control plan on site during construction. The Borough or the Hunterdon County Soil Conservation District may issue a stop construction order if a project is not being executed in accordance with a certified soil erosion and sediment control plan. No certificate of occupancy for any project shall be issued by the Borough unless there has been compliance with the provisions of the certified soil erosion and sediment control plan for permanent measures to control soil erosion and sedimentation. A formal report of such compliance shall be filed by the Hunterdon County Soil Conservation District with the municipal agent authorized to issue certificates of occupancy.
L. 
Appeals.
(1) 
Appeals from decisions of the Hunterdon County Soil Conservation District may be made to the State Soil Conservation Committee in writing within 10 days from the date of such decision in accordance with N.J.A.C. 2:90-1.6.
(2) 
Appeals from decisions of the Borough may be made to the Borough Council in writing within 10 days from the date of such decision in accordance with N.J.A.C. 2:90-1.6.
[Ord. No. 564, 9-6-2000]
A. 
Waivers. The design requirements specified in this article, except for those also required by federal, state or county law or regulation, may be waived by the Board if the deviation or alternative design is found to be reasonable and within the general purpose and intent of this chapter and its provisions and if the literal enforcement of the specific provision from which a waiver is requested is found to be impracticable or to exact undue hardship upon the developer because of peculiar conditions pertaining to the land in question.
B. 
RSIS exceptions. De minimus exceptions may be granted from the provisions of N.J.A.C. 5:21, the Residential Site Improvement Standards (RSIS), in accordance with the provisions therefor set forth at N.J.A.C. 5:21-3.1.
C. 
RSIS waivers. Waivers of applicable provisions of N.J.A.C. 5:21, the Residential Site Improvement Standards (RSIS), may be sought for a specific development by either the municipality or the developer if, in the opinion of the municipal engineer or developer, adherence to the standard would jeopardize the public health and safety. Any application for a waiver shall be submitted in writing to the Commissioner of the NJDCA upon notice to the other party and shall be in accordance with the provisions therefor set forth at N.J.A.C. 5:21-3.2 through 3.4.