The purpose of this article is to establish a general uniform set of performance and design standards to guide and assist the Township and future developers in the preparation, submission and review of all developmental proposals. The standards shall be applicable to all site plans, subdivisions and other development applications to come before an approving authority in the Township. These general requirements are supplementary to the site plan and subdivision design standards outlined elsewhere in this chapter and shall constitute the minimum performance standards applicable to all future growth and development in Little Egg Harbor Township. In addition to the requirements of this section, all development applications in the Pinelands Area shall be bound by the Supplemental Pinelands Area Design and Development Standards and management programs, as specified in the Little Egg Harbor Township Pinelands Area Development Requirements.
[Added 5-10-2001 by Ord. No. 2001-08]
A.
Minor modifications or changes in approved plans and specifications may be effected only upon written approval of the Board Engineer, but some changes may require further review and approval of the Planning Board prior to making any changes.
B.
Any application for development shall demonstrate conformance to design standards that will encourage sound development patterns within the Township. Where either an Official Map and/or Master Plan have been adopted, the development shall conform to the proposals and conditions shown thereon. The streets, school sites, etc., shown on the officially adopted Master Plan shall be considered in the approval of plats. In accordance with good design practices, extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions acceptable to the approving authority. All improvements shall be installed and connected with existing facilities or installed in required locations to enable future connections with approved systems or contemplated systems and shall be adequate to handle all present and probable future development.
C.
Land which the approving authority finds to be in areas identified in the Master Plan as having severe or moderate soil characteristics, particularly the land related to flooding, improper drainage, wetlands, adverse soil conditions, adverse topography, utility casements or other features which can reasonably be expected to be harmful to the health, safety and general welfare of the present or future inhabitants of the development and/or its surrounding areas, shall not be subdivided and site plans shall not be approved unless adequate and acceptable methods are formulated by the developer to solve the problems by methods meeting this chapter and all other regulations.
D.
Whenever a development abuts or crosses a municipal boundary, access to those lots within the Township shall be from within the Township as the general rule. Wherever access to a development is required across land in an adjoining community as the exception, the approving authority may require documentation that such access is legally established and that the access road is adequately improved.
E.
No buildings shall be erected, no existing buildings shall be enlarged or rebuilt nor shall any open space surrounding any building be encroached upon or reduced in any manner except in conformity with the yard, lot area and building location regulations designated for the district or zone in which the building or open space is located.
F.
No lot shall be used in any zone nor shall any structure be erected, altered or occupied for any purpose except as indicated in each zone under permitted uses or conditional use permits, except that model homes and sales homes shall be permitted as a matter of right in all residential zones. Six model homes shall be permitted for each development.
G.
No subdivision or site plan approval may be given unless each lot contained in the subdivision or site plan complies with all the requirements of the zone in which the lot is located, unless a variance is granted.
H.
Each lot shall be provided with frontage on a street in accordance with the schedule of requirements.
I.
No lot shall have erected on it more than one residential building, except as elsewhere permitted in this chapter.
Block length, width and acreage shall be sufficient to accommodate the size lot required in the zoning district and to provide for convenient access, circulation control and traffic safety. Blocks over 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 1,500 feet in residential areas shall be prohibited unless access to adjoining properties is not feasible due to prevailing physical characteristics or environmental reasons or would not provide for the extension of any new future streets in a logical, reasonable or practical fashion. 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. In all cases, wherever feasible in the opinion of the Planning Board and Planning Board Engineer, all blocks shall be laid out in a curvilinear configuration with tangent sections being no straighter than 500 feet.
A.
Lot dimensions and area shall not be less than the requirements of the zoning provisions.
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 a public street, paved, with a right-of-way of at least 50 feet, except as otherwise provided herein.
D.
Where extra width has either been dedicated or anticipated for widening of existing streets, zoning considerations shall begin at such new street line, and all setbacks shall be measured from such line.
E.
Where two or more contiguous lots are under the same ownership, regardless of whether or not each may have been approved as a portion of a subdivision acquired by separate conveyance or by other operation of law, and one or more of the lots does not conform to the minimum area and/or dimension requirements for the zone in which it is located, the contiguous lots shall be considered as a single lot, and the provisions of this chapter shall apply.
F.
Whenever land has been dedicated or conveyed to the Township by the owner of a lot in order to meet the minimum street width requirements or to implement the Master Plan, and which lot existed at the effective date of this chapter, the Construction Code Official 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.
G.
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 impractical and access shall be to the street with the lower traffic function, 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.
H.
Wherever deemed practical and feasible, all lots shall be laid out in a curvilinear fashion, with lot lines being radial to the curve.
I.
In a subdivision abutting an expressway or arterial road one of the following shall be required:
(1)
The frontage shall be reversed so that the lots contiguous to such roadways will front on a street with a lower traffic function with an additional lot depth or width of 50 feet as an easement exclusively for buffering to be provided by the developer along the arterial street;
(2)
A marginal service road shall be provided along such arterial road and shall be separated from it by a raised/planting island divider strip of at least 20 feet in width; or
(3)
Such other means of separating through and local traffic and of providing a suitable buffer shall be provided as the Board of jurisdiction may determine to be appropriate.
A.
Any development, regardless of size, on tidal lagoons, navigable waterways or other bodies of water, whether such water bodies are either existing or proposed, shall provide for bulkheading. Any development, regardless of size, on nontidal bodies of water, whether such water bodies are either existing or proposed, shall provide for bulkheading or other appropriate permanent bank stabilization acceptable to the Planning Board.
B.
Bulkheads shall be constructed in accordance with Chapter 14 of the Code of Little Egg Harbor Township. New or reconstructed lagoons shall have a minimum width of 100 feet and shall be provided with suitable turning basins.
C.
The Planning Board may consider waiver and/or modification of this requirement when necessary, provided that minimum lot sizes may be maintained and that all development may be made reasonably secure from erosion.
A.
All site plans and 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.
[Amended 12-13-2007 by Ord. No. 2007-26; 3-14-2013 by Ord. No. 2013-03]
A.
Buffer areas, as defined in this chapter, shall be developed in an aesthetic manner for the primary purpose of screening views, providing physical separation and reducing noise and glare beyond the buffer area. Buffer area 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 preservation of all desirable existing vegetation in a buffer area shall be ensured through sensitive grading and development practices. 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 property being screened; the distance between the use and the adjoining property or street; differences in elevation; the type of buffer, such as planting, berming, preservation of existing vegetation, a wall, hedge or fence; buffer height; buffer width; and other combinations of man-made and natural features. The buffer shall be designed, planted, graded or 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 must be in obscuring light, vision and reducing noise beyond the lot.
B.
In the Highway Business Zone there shall be a 25-foot buffer area from the front property line and a 15-foot buffer area from the side property line. The only improvements to be constructed in this buffer area, other than landscaping, are to be those improvements necessary to provide ingress and egress to the subject site.
C.
In the Neighborhood Business and General Business Zones, there shall be a 15-foot buffer area from the front property line and side property line; provided, however, that in regard to those lots which front on a state highway, there shall be a 25-foot buffer area from the front property line. The only improvements to be constructed in this buffer area, other than landscaping, are to be those improvements necessary to provide ingress and egress to the subject site.
D.
In the Industrial Zone, lots having a depth of 300 feet or less shall have a 40-foot buffer area from the front property line. This buffer area shall be increased to 50 feet when the lot depth is greater than 300 feet. In addition, all lots shall have 10-foot buffer areas from the side and rear property lines. The only improvements to be constructed in these buffer areas, other than landscaping, are to be those improvements necessary to provide ingress and egress to the subject site.
E.
In all other zones, except residential, the minimum front buffer area shall be 35 feet, the minimum side buffer area shall be 15 feet and the minimum rear buffer area shall be 20 feet unless otherwise provided herein.
F.
In order to provide adequate buffering between uses of differing classifications, a buffer area shall be provided in conjunction with any nonresidential or higher density residential use abutting a lot zoned or used for residential purposes. The minimum width of such a buffer area shall be not less than 30 feet for a building or group of buildings up to 20,000 square feet in area, except in the HB Zone where it shall be no less than 50 feet. The width of the buffer area shall be increased one foot for each 1,000 square feet or fraction thereof if the building or group of buildings exceeds 20,000 square feet, up to a maximum buffer area width of 100 feet; except that, for light industrial uses, the minimum buffer width abutting a residential district shall not be less than 100 feet.
G.
In residential subdivisions or site plans on any lot which abuts an expressway or arterial road, a buffer area and additional lot depth or width of 50 feet shall be provided along the property line common with the expressway or arterial road.
H.
In the Scenic Gateway Overlay Zone, there shall be a 50-foot buffer area from the front property line. To the extent that the pre-development condition of the site is wooded, the natural vegetation shall be retained within the 50-foot buffer per § 215-11.7A. If the site is not wooded, the 50-foot buffer shall be revegetated with nursery-grown trees of species found in nearby wooded areas, subject to review and approval of the Township Engineer. The only improvements to be constructed in this buffer area, other than supplemental landscaping and approved signage, are to be those improvements necessary to provide ingress and egress to the subject site.
I.
In the Route 9 Gateway Overlay Zone south, there shall be a 50-foot buffer area from the front property line. To the extent that the pre-development condition of the site is wooded, the natural vegetation shall be retained within the 50-foot buffer per § 215-11.7A. The only improvements to be constructed in this buffer area, other than supplemental landscaping and approved signage, are to be those improvements necessary to provide ingress and egress to the subject site. If the site is not wooded, the 50-foot buffer shall be designed in accordance with the requirements of § 215-11.7H.
[Amended 5-10-2001 by Ord. No. 2001-08]
A.
General. All land subdivision and development shall comply with the minimum landscape architectural standards set forth herein or provide a more appropriate scheme relative to the specific aspects of a particular site or development proposal with the approval of the Board of jurisdiction. The Board of jurisdiction may require additional landscape development beyond the standards set forth if necessary to provide appropriate landscape development relative to the nature of the site and the development thereof. All landscape development should be designed to enhance the visual quality of the site and adjacent properties; provide safe vehicular and pedestrian circulation; protect against potential natural and man-made hazard; enhance the microclimate of areas for human activity; and promote the protection of health, safety and welfare. For applications in the Pinelands Area, landscaping plans shall incorporate the elements set forth in § 215-13.4A(3).
B.
Streetscape. Landscape architectural development of the streetscape shall be provided in conjunction with all development, on all existing and proposed roads upon which the site of development has or creates frontage. Improvements consistent with one of the following streetscape concepts, or an alternative concept of more appropriate design, shall be provided:
(1)
Formal tree-lined avenue. This type of streetscape development is appropriate for the majority of streets within the Township with the exception of those areas which are addressed by one of the other two concepts provided herein. The following standards shall apply:
(a)
Shade trees shall be provided along both sides of a street in the planting area provided between the street curb and the sidewalk as per § 215-12.2 and at a distance between trees of 30 feet to 50 feet, with trees which exhibit a narrow habit at a 30- to 40-foot spacing and trees which exhibit a spreading habit at a 40 to 50-foot spacing. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, street lights, sight distances and driveway aprons and shall not be planted closer than eight feet to fire hydrants.
(b)
All trees shall have a minimum size of three inches to 3.5 inches caliper.
(c)
Subsequent or replacement plants shall conform to the type of existing tree in a given area, provided that, if any deviation is anticipated, it must be done only with the permission of the Township Landscape Architect and/or Environmental Commission. In a newly planted area, only one type of tree may be used on a given street, unless otherwise specified by the Township Landscape Architect and/or Environmental Commission.
(d)
Tree varieties which exhibit desirable characteristics, such as full symmetrical form, deep noninvasive root system and tolerance of potential drought and road salt, should be utilized.
(e)
Trees within a sight triangle or distance area shall be of sufficient size to be pruned to a seven-foot branching height with one main stem upon planting. Planting within a sight triangle or distance area must be approved by the Township Engineer.
(2)
Informal street trees. This type of streetscape development is appropriate along streets within areas of development with an informal character. This type of treatment should occur in areas of development with meandering curvilinear roads. The following standards shall apply:
(a)
Vary street tree varieties, spacing from the cartway (four feet to 15 feet) and sizes (two inches to six inches caliper, averaging three inches to 3.5 inches). Trees should be placed in an informal pattern with varied spacing. Some areas will have clustered trees, others may have an individual tree along a road. Planting design shall accentuate views and integrate contrasting landscape elements.
(b)
The total number of trees shall average one tree for every 50 linear feet of roadway on each side of the roadway.
(c)
If existing trees are preserved within 10 feet of the curb, the requirements for additional street tree plantings may be reduced.
(d)
Trees within a sight triangle or distance area shall be of sufficient size to be pruned to a seven-foot branching height with one main stem upon planting. Planting within a sight triangle or distance area must be approved by the Township Engineer.
(3)
Village streetscape. This type of streetscape development is appropriate along streets within areas designated as villages by the Little Egg Harbor Township Historic Preservation Commission, or as required by the Board of jurisdiction. The objective shall be to provide street trees, paving, benches, lighting and other improvements to provide an ample, well-defined, unified and distinct pedestrian corridor along the streetscape. The following standards shall apply:
(a)
Provide street trees within the right-of-way in planting areas of at least 90 square feet in surface area. An acceptable ground cover or mass shrub planting shall be provided in all planting areas.
(b)
The quantity of trees shall be equivalent to one tree of three inches to 3.5 inches caliper for every 40 feet of frontage.
(c)
If existing trees are preserved within 10 feet of the curb, the requirements for additional street tree plantings may be reduced.
(d)
Trees within a sight triangle or distance area shall be of sufficient size to be pruned to a seven-foot branching height with one main stem upon planting. Planting within a sight triangle or distance area must be approved by the Township Engineer.
(e)
A walkway within the right-of-way of a minimum clear width of five feet shall be provided. In areas where site furnishings are provided, the walk width shall be widened to accommodate these amenities. The walkway shall be constructed of a decorative pavement, i.e., brick pavers, as approved by the Board of jurisdiction. All walks shall include ramps for handicap access at all street corners or road crossings. The decorative paving shall be continued across all ingress and egress drives as a crosswalk, providing a well-defined continuous pedestrian walkway.
(f)
Site furnishings such as benches, period lighting, kiosks, bus shelters, trash receptacles and flagpoles shall be provided as appropriate or required by the Board of jurisdiction. All site furnishings within an individual village area shall be of a consistent or compatible design style, color, material and location, subject to the approval of the Board of jurisdiction.
(g)
Signage within the village streetscape area shall be of a consistent or compatible design style, color, material and location, subject to the approval of the Board of jurisdiction.
(h)
All overhead utilities should be relocated underground whenever possible.
C.
Cul-de-sac and traffic islands. Cul-de-sac and traffic planting islands provide the opportunity to soften the harshness of large paved areas, create visual interest, increase groundwater recharge, screen headlight glare into residences and preserve valuable existing vegetation. Planted traffic control islands should be provided as necessary and appropriate to define vehicular or pedestrian circulation. The following standards address the planting of islands in the turnaround portion of cul-de-sac roads; provided, however, that there remains sufficient turning radius for firefighting equipment and other emergency equipment. For other islands, a landscape design consistent with the concepts presented herewith should be provided. Planting of islands within parking areas shall conform to the standards set forth in Subsection G of this section.
(1)
If possible, preserve the existing trees in the area of the proposed island. Ensure that the grading of the surrounding roadway is consistent with the existing grade at the dripline of the trees and provide adequate protection during construction. Limb all branches to a height of seven feet and remove all vegetation which exhibits a canopy between 30 inches and seven feet. Provide an adequate ground cover planting as necessary to completely cover all soil and discourage weed growth. All planting must be designed to consider the level of expected maintenance and provide a neat and clean appearance.
(2)
In areas void of existing stands of trees, planting similar to the following concept should be provided: provide one specimen tree of 4 1/2 inches to five inches caliper or three specimen trees of 2 1/2 inches to three caliper for every 1,000 square feet of planting area with an adequate ground cover planting as necessary to complexly cover all soil and discourage weed growth at the time of planting. All plant material must exhibit a mature canopy height under 30 inches or above seven feet with no more than three trunks in order to allow adequate visibility. All plants shall be tolerant of harsh, dry roadside conditions.
(3)
All plantings within a site triangle or distance area must be approved by the Township Engineer.
(4)
Extensive unplanted stone or mulch beds shall not be provided.
D.
Stormwater areas. Stormwater management areas include retention and detention basins, drainage ditches and swales. This subsection does not apply to underground stormwater recharge areas, which may only be planted if approved by the Township Engineer. Sensitively designed basins and swales can be a visually pleasing benefit to the health, welfare and safety of Little Egg Harbor Township residents. The general design concept of these areas should be to de-emphasize their function creating aesthetic landscape features.
E.
Open space. As a landscape feature and asset, open space is encouraged in all developments, even when not required. The objectives of the landscape treatment of open space is to provide the opportunity and space for active and passive recreation in all areas of human activity and residence, to protect and enhance the Township's natural amenities such as wooded areas, water bodies and streams and to retain or create a visually pleasing image of Little Egg Harbor Township. The following standards shall apply:
(1)
Preservation open space. This type of open space is appropriate in areas adjacent to and inclusive of natural amenities to be preserved, such as wooded areas, water bodies, streams, wetlands, etc. This type of open space shall be either deed restricted from future development by conservation easements or dedicated to the Township or another public or quasi-public agency or organization. The following standards shall apply:
(a)
During the site planning process the applicant must preserve valuable or unique natural amenities and designate them as preservation open space.
(b)
The applicant is required to remove all undesirable debris and materials from this area.
(c)
The provision of improvements such as pedestrian paths, picnic areas and planting may be required by the Board of jurisdiction when appropriate to create a visually pleasing and beneficial environment.
(2)
Recreational open space. Recreational open space includes lands provided for active and passive recreation and as additions to existing recreational open space. It can take on many forms, from a tot-lot or tennis and swimming complex in a residential development, to an English landscape garden in an office park development or an outdoor promenade or eating pavilion in a commercial or industrial center. The landscape architectural design of these areas shall address safety, visual interest, microclimate and use. The following standards shall apply:
(a)
Site amenities and walkways shall be provided as required by the Board of jurisdiction. Suggested minimum improvements for residential open space include a tot-lot (play structure with slide and a separate swing set), seating and open lawn for field play. Outdoor sitting and eating areas/plazas are appropriate for commercial, office and manufacturing developments.
(b)
If a recreation area fronts onto a roadway, a post and rail fence or other protective measures shall be integrated to provide protection and separation.
F.
Buffers. Landscape buffers are plantings, berms or grading and fences or walls provided within the landscape buffer area as designated in § 215-11.7, or as necessary, to visually soften or screen and enhance views and minimize or separate any adverse impacts or nuisances on a site from adjacent properties or roads. The designer and the Board of jurisdiction should consider the dimension of a landscape buffer area, existing vegetation, structures and topography along with the intensity and type of land use involved relative to these standards to determine the appropriate landscape buffer. The Board of jurisdiction may require a more or less significant landscape buffer if appropriate. The following standards are provided for particular types of buffer areas:
(1)
Nuisance landscape buffer. This type of landscape buffer is appropriate in buffer areas provided between commercial or residential uses and adjacent commercial or different residential uses or zones where a continuous visual screen is appropriate. The following standards shall apply:
(a)
All existing tress and valuable understory vegetation should be preserved, and the plans must specify appropriate grading and tree protection details to ensure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the Board of jurisdiction deems it appropriate, supplemental planting should be provided to provide a complete visual screen. Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation and complement the existing vegetation and the overall design must be indicated on the landscape plan. A minimum height of eight feet to 10 feet for evergreen trees, two feet to 2.5 feet for shrubs and a minimum caliper of 2.5 inches to three inches for shade trees shall be specified for all supplemental plantings.
(b)
Areas void of significant vegetation shall receive landscape architectural treatment, including plantings, berming, fences or walls as appropriate. Berms, fences or walls shall be provided at a height of four feet to eight feet, or as necessary to provide a visual screen, with the approval of the Board of jurisdiction. The general design, form and materials of fences, walls and berms should relate to the overall design and the materials utilized for other structures on the site and be aesthetically pleasing from all sides. Planting should be provided in conjunction with berming, fencing or walls or may be provided solely to provide a complete visual screen and visually interesting and pleasing area. The following quantities and minimum size guidelines are provided. If berms, fencing or walls are provided, a decreased quantity of planting may be provided at the discretion of the Board of jurisdiction. For every 100 linear feet or buffer area, measured at the longest line, the following must be provided:
Type | Quantity | Size |
|---|---|---|
Evergreen trees | 12 | 8 to 10 feet in height |
Shade trees | 3 | 2.5 to 3 inches caliper |
Ornamental trees | As required | 6 to 7 feet in height, 1 to 1 1/2 inches caliper |
Shrubs | As required | 2 to 2 1/2 feet in height |
(2)
Filtered buffer. This type of landscape buffer is appropriate in buffer areas or green space which is provided to soften the impact of a land use yet still allow views beyond the buffer area. In particular, this type of buffer shall be provided around the perimeter of all parking areas, internal site access roads or lanes and the perimeter of a site which abuts a land, street, road, highway or adjacent site and a complete visual screen is not appropriate. A buffer shall be provided to screen unsafe distractions such as glare from cars and light standards; to provide a visually pleasing environment; and to provide spatial definition to avoid confusion. The following standards shall apply:
(a)
All existing trees and valuable understory vegetation should be preserved, and the plans must specify appropriate grading and tree protection details to ensure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the Board of jurisdiction deems it appropriate, supplemental planting should be provided to provide a filtered visual screen. Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation and complement the existing vegetation and the overall design and must be indicated on the landscape plan. A minimum height of eight to 10 feet for evergreen trees, two to 2.5 feet for shrubs, six to seven feet and one to 1.5 inches caliper for ornamental trees and a minimum caliper of 2.5 to 3.0 inches for shade trees shall be specified for all supplemental plantings.
(b)
Areas void of significant vegetation shall receive landscape architectural treatment including planting, berming, fences or walls as appropriate. Berms, fences or walls shall be provided at a height of two feet to four feet, or as necessary to provide an appropriate buffer. The general design, form and materials of fences, walls and berms should relate to the overall design and the materials utilized for other structures on the site and be aesthetically pleasing from all sides. Planting should be provided in conjunction with berming, fencing or walls or may be provided solely to provide an appropriate screen and visually interesting and pleasing area emphasizing appropriate views. Parked vehicles shall be buffered as viewed from all areas outside of the parking area. The following quantities and minimum size guidelines are provided. If berms, fencing or walls are provided, a decreased quantity of planting may be provided at the discretion of the Board of jurisdiction. For every 100 linear feet or buffer area, measured at the longest line, the following must be provided:
Type | Quantity | Size |
|---|---|---|
Evergreen trees | As required | 8 to 10 feet in height |
Shade trees | 4 | 2.5 to 3 inches caliper |
Ornamental trees | As required | 6 to 7 feet in height, 1 to 1 1/2 inches caliper |
Shrubs | 55 | 2 to 2 1/2 feet in height |
(3)
Windbreak/heavy screening. This type of buffer is appropriate in buffer areas where the additional need of a windbreak to stop wind-borne debris from leaving a site is necessary or around objectionable facilities or utility structures where a dense complete visual screen is appropriate. This would include buffer areas around outdoor storage facilities, loading areas or solid waste disposal facilities (dumpsters) or when an undersized buffer area is provided and the standards specified for a Nuisance landscape buffer, are not sufficient at the discretion of the Board of jurisdiction. The following standards shall apply:
(a)
Provide a fence, wall or planting which will create a dense complete visual screen. The height of the fence, wall or planting should be designed relative to the facility being screened and shall be subject to the approval of the Board of jurisdiction. The general design, form and materials of fences or walls should relate to the overall design and the materials utilized for other structures on the site or the neighborhood and be aesthetically pleasing from all sides. Planting should be included in conjunction with any fence or wall.
(b)
If planting alone is provided, then a double staggered row of dense evergreen plants shall be specified. The spacing between individual plants shall be as necessary to provide a continuous hedge with plants touching at the time of installation. The installed and mature height of the plants must respond to the height of the area or facility being screened and views from adjacent areas and shall be subject to the approval of the Board of jurisdiction.
(c)
The plan submission should include an illustrative section drawing demonstrating the effectiveness of the buffer.
(4)
Reverse frontage buffer. This type of buffer shall be required where the rear yards of residential units and/or lots face or front on a roadway and when any yard of a residential unit or lot faces or fronts on an expressway or arterial roadway. The following landscape architectural treatment shall be provided to screen and separate private residential spaces from the roadway:
(a)
All existing trees and valuable understory vegetation should be preserved, and the plans must specify appropriate grading and tree protection details to ensure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the Board of jurisdiction deems it appropriate, supplemental planting, berms or walls should be specified to provide a complete visual screen. Quantities and types of supplemental plantings must respond to the deficiencies of the existing vegetation and complement the existing vegetation and the overall design and must be indicated on the landscape plan. A minimum height of eight to 10 feet for evergreen trees, two feet to 2.5 feet for shrubs, six feet to seven feet, one inch to 1.5 inches caliper for ornamental trees, and a minimum caliper of 2.5 inches to three inches for shade trees shall be specified for all supplemental plantings. The need for and the height and design of supplemental berms or walls must respond to the deficiencies of existing vegetation and the proximity of the residential unit to the road. If the Board of jurisdiction deems it appropriate, berms or walls may be required.
(b)
Areas void of significant vegetation shall receive landscape architectural treatment including plantings, berming, fences or walls as appropriate. Berms, fences or walls shall be provided at a height of three feet to eight feet averaging five feet, or as necessary to provide a visual screen at the discretion of the Board of jurisdiction. The general design, form and materials of fences, walls and berms should relate to the overall design and the materials utilized for other structures on the site and be aesthetically pleasing from all sides. The sidewalk layout shall be integrated with the buffer and the overall design and adjacent development when appropriate. Planting should be provided in conjunction with berming, fencing or walls or may be provided solely to provide an appropriate screen and visually interesting and pleasing area. The following quantities and minimum size guidelines are provided. If berms, fencing or walls are provided, a decreased quantity of plantings may be provided at the discretion of the Board of jurisdiction. For every 100 linear feet or buffer area, measured at the longest line, the following must be provided:
Type | Quantity | Size |
|---|---|---|
Evergreen trees | 7 | 8 to 10 feet in height |
Shade trees | 5 | 2.5 to 3 inches caliper |
Ornamental trees | 1 | 6 to 7 feet in height, 1 to 1 1/2 inches caliper |
Shrubs | 15 | 2 to 2 1/2 feet in height |
G.
Parking areas. The landscape architectural treatment of all parking areas shall be designed to promote safe and convenient circulation; to limit vehicular/pedestrian conflicts; to limit paved areas; to provide shade and reduce heat island effects; and to soften the overall visual impact of parking areas. The design of all parking areas shall comply with the requirements of § 215-12.16. Off-street parking and loading areas, with landscape architectural treatments shall be provided as follows:
(1)
Shade trees within the parking area shall be provided at a minimum rate of two trees for every 10 parking spaces.
(2)
In the islands provided at the end of individual rows of parking spaces between access roads and aisles, planting shall be provided to buffer the view of parked cars, provide shade and cover the ground plane.
(3)
Plant sizes shall be a minimum of 2.5 to 3.0 inches caliper and 13 to 15 feet in height for shade trees and two (2.0 to 2.5 feet in height for shrubs.
(4)
Large parking areas shall be subdivided into modules. Separation of modules should be achieved by a landscape island of a minimum width of 10 feet. Integration of pedestrian walkways within this island, aligned with building entrances or focal points, is encouraged and should be considered.
(5)
Pedestrian/vehicular conflicts shall be minimized through design, yet, when necessary, clearly indicated by a change of vehicular and pedestrian paving and plant materials.
(6)
Parking lot lighting should be sited within landscape islands. Trees shall not hinder safe lighting coverage.
H.
Green space. The landscape plan or site plan for all site plan and subdivision plan submissions shall address the planting of all green space in accordance with the standards set forth herein or another appropriate manner. In the site planning process, the provision and landscaping of green space or planting areas should be considered to enhance the visual quantity of a site and provide spatial or directional definition as follows:
(1)
A planting area and planting around all buildings as appropriate relative to the architecture, anticipated use and to limit pavement to that necessary for access and appropriate use shall be provided.
(2)
To provide immediate buffering, visual relief, and scale for large office, commercial, and industrial buildings (buildings of 10,000 square feet or larger) larger-size trees shall be provided near the building perimeter (within 75 feet). The quantity of trees shall be equal to one tree for every 40 feet of general building perimeter.
(a)
The tree size shall be based upon the height of the building as follows:
Building Stories | Tree Size (caliper in inches) |
|---|---|
1 to 2 | 2.5 to 3.0 |
3 | 3.0 to 3.5 |
(b)
These trees shall be located in a manner consistent with architectural and site design and shall provide maximum visual impact. Preserved or relocated existing vegetation may be utilized to meet this requirement.
(3)
In residential developments, trees shall be planted throughout a site at a rate of one tree per 2,500 square feet of upland lot area or fraction thereof. In non-residential developments, trees shall be planted throughout a site at a minimum size of 2.5 to 3.0 caliper and/or evergreen trees at 10 to 12 feet in height, and 40% shall be shade trees a minimum size of two to 2.5 inches caliper and/or evergreen trees at six to eight feet in height. Existing, mature upland forest [containing a predominance of four inches in diameter at breast height (dbh) at the approval of the Board Engineer] which are preserved and adequately protected and not injured during and subsequent to construction may be deducted from the quantity of trees required at the rate of one tree for every 2,000 square feet of mature upland forest. Only upland areas and existing trees which are located on the property being developed shall be considered for this requirement; plantings provided in conjunction with other ordinance requirements shall not be considered; trees within the right-of-way also are not to be considered.
(4)
In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be appropriately landscaped with grading and planting of grass or other ground cover, shrubs and trees as part of the landscape plan approved by the Board of jurisdiction. Planting of trees along streets and in front yard areas shall be provided as required by ordinance and as necessary to create a harmonious, pleasant view from all roads.
I.
Pedestrian spaces. All site plan and subdivision plans shall address pedestrian spaces and circulation. The objectives shall be to promote free and safe movement of pedestrians and bicycles into, in between and through the proposed and existing facilities and to provide pleasant pedestrian spaces at building entrances and nodes. The following standards shall apply:
(1)
Pedestrian and bicycle access shall be provided from public roadways, parking lots and adjacent land uses where appropriate.
(2)
The layout of pedestrian walkways shall be consistent with the overall design. In natural landscapes, walkways shall meander through plantings and berms. Formal landscapes may require long straight walkways. The views of pedestrians shall be visually interesting.
(3)
Benches and sitting areas along pathways shall be provided where appropriate and particularly where they can incorporate or provide views of a significant landscape feature, recreational facility or interesting site design of the project.
(4)
Connections to open space areas and facilities on adjacent properties shall be provided. Pedestrian easements between lots with a paved driveway may be required.
(5)
Pedestrian bridges over streams, ravines or drainage swales shall be required when necessary to make connections in pedestrian system(s). They are subject to all regulatory agency permit requirements.
(6)
Pedestrian amenities, such as kiosks, water fountains, pedestrian scale lighting and gazebos, shall be provided where appropriate.
(7)
Bicycle parking for each building and adequate space for bicycle movements shall be provided.
(8)
Building entrances, plazas, exterior malls, promenades and nodes shall receive detailed pedestrian scale landscape architectural treatments. Pedestrian/vehicular conflicts shall be avoided through design. Building entrances shall be delineated by planting islands within the parking area. Plantings shall include shade trees, evergreen and ornamental trees and shrubs, as appropriate. The planting design shall provide visual variety and interest, spatial enclosure and separation from parking areas and protection from sun and wind. Sitting areas with benches or seat walls shall be provided as appropriate.
(9)
Bicycle rental, repair or sales establishment.
(10)
Bowling alley.
(11)
Building materials, retails sales establishment; excluding, however, lumberyards, or similar uses requiring outdoor storage.
In zoning districts where bulk storage is a permitted accessory use, the following minimum requirements shall apply:
A.
No bulk storage of materials or equipment shall be permitted in any required front yard area or within 100 feet of any public street, whichever is greater.
B.
No bulk storage of materials or equipment shall be permitted between any side or rear lot line and the required side or rear setback line.
E.
All service roads, driveways and bulk storage areas shall be paved with bituminous concrete or other surfacing materials, as required by the Planning Board, which shall be of sufficient strength to handle the anticipated use.
F.
In no instance shall on-site bulk storage of material exceed the height of 10 feet.
G.
No heavy equipment shall be operated or parked closer to the front property line than the required front setback plus 50 feet, except as the same may be in transit to or from the site.
A.
The purposes of the following floodplain regulations are to implement the Land Use Rules and Regulations promulgated by the New Jersey Department of Environmental Protection for floodways and the flood-fringe portion of a flood hazard area, to discourage construction and regrading in flood hazard areas, to prevent encroachments into flood hazard areas which would obstruct or constrict the area through which water must pass and to prevent pollution of watercourses during low- or high-water periods by preventing the placing or storing of unsanitary or dangerous substances in the flood hazard areas.
B.
The flood hazard design elevation shall be determined on an individual basis upon stream encroachment line data from the Division of Water Resources or, in the absence of that data, the flood elevation based on a 100-year storm frequency. One or the other shall be delineated on the plat. In addition, the Planning Board Engineer may, upon receipt of the application and with the consent of the landowner and at the landowner's expense, determine the precise location of a floodway and flood-fringe area by close inspection, field survey or other appropriate method and cause, if requested, the same to be marked on the ground and on the plat and notify the owner, the New Jersey Department of Environmental Protection, Division of Water Resources, and the approving authority. The assistance of the United States Department of Agriculture, Soil Conservation Service, United States Army Corps of Engineers and the New Jersey Department of Environmental Protection, Division of Water Resources, may be sought to aid in delineating the flood hazard design elevation, except that, where state and federal agencies shall subsequently publish any reports which delineate the flood hazard design elevation of a watercourse, the report shall be the officially delineated flood hazard area as if the report were published in this chapter.
C.
Any lot containing a floodway portion of a drainage course and on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed use is permitted by this chapter, plat approval has been granted and a floodway permit has been issued by the New Jersey Department of Environmental Protection, Division of Water Resources, where required by the state.
D.
Any lot containing a flood-fringe portion of the flood hazard area and on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed use is permitted by this chapter and until plat approval has been granted.
E.
The procedure for reviewing any proposed regrading and/or construction shall be the same as set forth for plat review. No application shall be approved and no permit granted until all zoning violations have either been corrected or a variance granted.
F.
Regulation of the flood-fringe portion of the flood hazard area shall be consistent in the approving authority's determination with the criteria and standards promulgated by the New Jersey Department of Environmental Protection governing the flood-fringe area.
G.
The applicant shall submit maps, reports and other appropriate documents permitting the approving authority to evaluate whether the proposal has an inherent low flood damage potential, does not obstruct flood flows or increase flood heights and/or velocities, does not affect adversely the water-carrying capacity of any delineated floodway and/or channel, does not increase local runoff and erosion, does not unduly stress the natural environment of the floodplain or degrade the quality of surface water or the quality and quantity of groundwaters, does not require channel modification or relocation, does not require fill or the erection of structures and does not include the storage of equipment and materials.
H.
Where a 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 to 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. The minimum width of easement for channel sections shall be the maximum design top width of the channel section segment plus 20 feet, rounded to the next-highest five-foot increment. However, if the floodway is not ascertainable for a stream or open channel, the width of the drainage easement shall extend 50 feet beyond the top of the bank on both sides of the drainage course.
[Amended 3-25-2010 by Ord. No. 2010-04]
A.
Easements along rear property lines or elsewhere for utility installation may be required but are discouraged. Such easements shall be at least 20 feet wide for one utility and five additional feet, if practical, for each additional utility and shall be located in consultation with the companies, municipal department concerned or other jurisdictional agencies and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines.
B.
Floodplains and conservation easements shall be indicated on the preliminary and final plats and shall be shown in such a manner that their boundaries can be accurately determined.
C.
The removal of trees and ground cover shall be prohibited in a conservation easement or floodplain easement, except for the following purposes: the removal of dead or diseased trees; limited thinning of trees and growth to encourage the most desirable growth; the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes; or approved conservation plans by the Soil Conservation District.
D.
Such easement dedication shall be expressed on the plat as follows: the type of easement granted to the Township of Little Egg Harbor and the appropriate agency.
E.
Property owners across whose property a drainage or utility easement exists shall be prohibited from performing any of the following actions:
(1)
Modifying the ground elevations or grades so as to interfere with existing drainage patterns.
(3)
Exception. Property owners may install permanent infrastructure within a drainage or utility easement only if they agree to sign an encroachment agreement with the Township of Little Egg Harbor. The property owner must agree that the property owner is responsible to reset or replace infrastructure improvements if the Township needs to disturb the easement area and complete work such that the infrastructure placed by the property owner is damaged or removed. If a property owner does not execute an encroachment agreement with the Township that is in a form acceptable to the Township, any permanent infrastructure improvements placed upon the easement by the property owner may be removed by the Township or may suffer damage if the Township required work to be done with the easement area. Any permanent infrastructure improvements constructed within an easement area by the property owner without an encroachment agreement shall be considered an illegal structure upon which the Township has no legal responsibility for replacing or repairing.
[Amended 5-10-2018 by Ord. No. 2018-06]
A.
The developer shall make application for review and obtain the necessary final approval from the Little Egg Harbor Municipal Utilities Authority and county and state regulatory agencies having jurisdiction. The entire system shall be designed in accordance with the jurisdictional utility and/or state agency having approval authority and shall be subject to their approval.
B.
Where public water and/or sanitary sewers are not available, a potable water supply shall be provided to each lot on an individual well basis, and sanitary disposal shall be provided to each lot with an individual septic system. Such wells and septic systems shall be designed in accordance with the requirements and standards of the local, county and/or state agencies having jurisdiction thereof, except as modified by Subsection B(1) below. However, in any event a determination must be received, in writing, from the Little Egg Harbor Municipal Utilities Authority as to whether a comprehensive dry water system and dry sewer system shall be required.
(1)
Amendment to standards. The following provisions shall be added to and supplement and amend the Standards for Individual Subsurface Sewage Disposal Systems:
Table 4.3 at N.J.A.C. 7:9A-4.3 entitled "Minimum Required Separation Distances (feet)" shall be revised to require the following minimum separation distances between any septic disposal field and the following:
Component | Minimum Separation Distance (feet) |
|---|---|
Man-made lagoon or waterway | 100 |
C.
Provisions shall be made in all major subdivisions for the installation of fire hydrants in those locations as approved by the Little Egg Harbor Municipal Utilities Authority. All hydrants shall conform to the standard hydrant as accepted by the Township of Little Egg Harbor, which shall conform to all current National Fire Protection Code Requirements. Fire hydrants shall be painted black until they become operational, at which time they shall be painted red.
A.
All municipal utility services and public services shall be connected to an approved municipal utility system and/or public utility system where one exists.
B.
The developer shall arrange with the servicing utilities for the underground installation of utility distribution supply lines and service connections in accordance with the provisions of the rules and regulations of that utility and any applicable standard terms and conditions incorporated as part of its tariffs as the same are then on file with the State of New Jersey Board of Public Utility Commissioners.
C.
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 section; provided, however, that lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have theretofore been installed may be supplied with electric and telephone service utilities from such overhead lines. In the case of existing overhead utilities, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement, relocation or extension of such utilities, such replacement, relocation or extension shall be underground.
D.
Any installation, except streetlighting, to be performed by a servicing utility shall be exempt from requiring performance guaranties but shall be certified by the servicing utility, in writing, that all improvements have been satisfactorily constructed. The certification shall be provided prior to release of the performance bond. The installation of all utilities, including streetlighting, shall be the sole cost of the developer as per ordinances of the Township of Little Egg Harbor.
E.
On-site public utility uses necessary to supply needed services to the occupants of the proposed development, excluding switching stations, substations or storage facilities of any nature which must be provided above ground, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
(1)
A statement is submitted setting forth the reasons that the proposed installation must be provided above ground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
(2)
The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
(3)
Adequate and attractive fences and other safety devices will be provided.
F.
All electric, telephone, television and other communication facilities, both main and service lines servicing new developments, shall be provided by underground wiring within easements or dedicated public rights-of-way, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services.
G.
Lots which abut existing easements or public rights-of-way where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground. In the case of existing overhead utilities, should a road widening or an extension of service or other such condition occur as a result of the subdivision and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground.
H.
Where overhead lines are permitted as the exception, the placement and alignment of poles shall be designed to lessen the visual impact of overhead lines as follows:
(1)
Alignments and pole locations shall be carefully routed to avoid locations along horizons.
(2)
Clearing swaths through treed areas shall be avoided by selective cutting and a staggered alignment.
(3)
Trees shall be planted in open areas and at key locations to minimize the view of the poles and the alignments.
(4)
Alignments shall follow rear lot lines and other alignments.
A.
Wherever a central water supply system services a development, provision shall be made for fire hydrants along streets and/or on the walls of nonresidential structures as approved by the Fire Commissioners or Board and in accordance with Fire Insurance Rating Organization Standards.
B.
Where streams or ponds exist or are proposed on lands to be developed, facilities shall be provided to draft water for firefighting purposes. This shall include access to a public street suitable for use by firefighting equipment and construction of or improvements to ponds, dams or similar on-site or off-site development, where feasible. Such facilities shall be constructed to the satisfaction of the Board Engineer and Fire Department and in accordance with fire insurance organization standards.
C.
All major site plans and major subdivisions, including cluster developments and multi-family developments, where permitted, shall be reviewed by the Little Egg Harbor Township Fire Marshal. The applicant shall submit to the Fire Marshal or other appropriate fire officials complete plans of the proposed development and shall obtain from the Fire Marshal or appropriate fire official written comments as to what items shall be incorporated in the design of the proposed development to allow, at all times, adequate access for firefighting and emergency vehicles. The applicant shall incorporate in the site development all fire safety and fire-protection devices and provisions as required by the Little Egg Harbor Township Fire Marshal or the appropriate fire official. In the case of all major site plans, fire hydrants conforming to the spacing and recommendations of either the National Fire Protection Association or the Little Egg Harbor Township Fire Marshal or appropriate fire official shall be provided on the site plan and shall be a specific requirement of the Township of Little Egg Harbor.
Homeowners' association may be established for the purposes of owning and assuming maintenance responsibilities for the common open space and common property designed within a development, provided that the approving authority is satisfied that the organization will have a sufficient number of members to reasonably expect a perpetuation of the organization in a manner enabling it to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development. If established, the organization shall incorporate the following provisions:
A.
Membership by all property owners, condominium owners, stockholders under a cooperative development and other owners of property or interest in the project shall be mandatory. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a covenant, with each agreeing to liability for his pro rata share of the organization's costs.
B.
The organization shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the organization and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space or property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the municipality(ies) wherein the land is located.
C.
The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.
D.
The organization shall clearly describe in its by-laws all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and articles of incorporation of the organization and the fact that every tenant and property owner shall have the right to use all common properties. These shall be set forth as a condition of approval and shall be submitted prior to the granting of final approval.
E.
The articles of incorporation, covenants, by-laws, model deeds and other legal instruments shall ensure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that, in the event that such organization shall fail to maintain the common open space or common property in reasonable order and condition, the Township may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the common open space or common property in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice. At such hearing, the designated Township body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within 35 days or any permitted extension thereof, the Township, in order to preserve the common open space and common property and maintain the same, or designate an appropriate person or entity to maintain the same at the cost of the property owners within the development.
F.
The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and common property, in accordance with the assessed value at the time of imposition of the lien, and shall become a lien and tax on the properties and be added to and be a part of the taxes to be levied and assessed thereon and enforced and collected with interest in the same offices and in the same manner as other taxes.
G.
The homeowners' association shall, on or before July 1 of each and every year, furnish the Township Committee with an annual report, including, but not limited to, the present disposition of all common areas and park areas owned, operated and maintained by the association. The report shall also include a list of current officers, their addresses and telephone numbers. The report shall contain a list of emergency telephone numbers at which one or more officers of the association can be reached by a Township official during any 24-hour period. Each homeowners' association must immediately file with the Township Administrator all amended reports and annual reports adopted after July 1, 1999.
A.
Electricity. Electronic equipment shall be shielded so that 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 § 215-12.19, Lighting, in this chapter.
C.
Heat. Sources of heat, including, but not limited to, steam, gases, vapors or 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 a neighboring 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 Office of Radiation Protection, New Jersey Department of Environmental Protection. Proof of compliance with this requirement shall be the submission of duplicate copies of the permits and certificates.
E.
Vibrations.
(1)
Standard. Ground-transmitted vibrations shall be measured with a seismograph or complement of the 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 particle velocity of 0.5-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 0.2-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 obtained valid permits and certificates from the Bureau of Air Pollution Control 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 Administrative Code, the following shall also apply:
(1)
Steam emission. No visible emission of steam, having an equivalent capacity greater than 60% and expecting 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 ASTM D-1391, as currently amended. The emission of concentrations, levels or mass loading in excess of the threshold value shall be permitted only if the emissions of the toxic matter comply with the applicable regulations of the New Jersey Administrative Code, the New Jersey Department of Labor and Industry and the United States Environmental Protection Agency. Proof of compliance shall require the submission of duplicate copies of certificates or permits pursuant to the New Jersey Administrative Code and the New Jersey Department of Labor and Industry approving the concentrations, level or loading proposed by the applicant.
(3)
Odorous matter. No odor shall be emitted that is detectable by the human olfactory sense at or beyond an adjacent lot line.
G.
Noise emissions. The standards set forth in the Township Noise Ordinance,[1] are incorporated herein by reference as if set forth more fully herein and repeated at length:
(1)
Standard. Noise emissions shall fully comply with N.J.A.C. 7:29 et seq. and P.L. 1971, c. 418.[2] 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, ANSI 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, ANSI 1.2-1961, or its latest revision.
[2]
Editor's Note: See the Noise Control Act of 1971, N.J.S.A. 13:1G-1 et seq.
(2)
Noise level restrictions. Noises shall not exceed the maximum sound levels specified in the table, except as designated below:
(a)
Noise level restrictions:
Performance Category | Maximum Level Permitted [dB(A)] | Where Measured |
|---|---|---|
Residential districts | 55 | On or beyond the neighboring use or lot line |
All other districts | 65 | On or beyond the district boundaries |
(b)
In any residential district, the A-weighted sound levels shall not exceed 45 dB(A)s 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 dB(A)s 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 dB(A)s or have a maximum noise level of 80 dB(A)s, whichever is more restrictive.
(c)
Noises such as alarms, sirens, emergency warnings devices, motor vehicles licensed by the State of New Jersey and other sources not under the direct control of a use are excluded from the above limitations.
[Amended 12-10-2009 by Ord. No. 2009-12]
(Reserved)
[Amended 4-26-2018 by Ord. No. 2018-04]
All applicants for non-residential uses or developments of multifamily residential units or commercial, institutional or industrial properties pursuant to N.J.S.A. 13:1E-99.13(a) and 13:1E-99.16(c) shall be required to comply with the provisions of Chapter 293, Solid Waste and Recycling Collection, including, but not limited to, § 293-14.1, Solid waste management.