A.
Accessory buildings as part of principal buildings.
Any accessory building attached to a principal building shall be considered
part of the principal building, and the total structure shall adhere
to the yard requirements for the principal building regardless of
the technique of connecting the principal and accessory buildings.
B.
Accessory buildings not to be constructed prior to
principal buildings. No building permit shall be issued for the construction
of an accessory building prior to the issuance of a building permit
for the construction of the main building upon the premises. If construction
of the main building does not precede or coincide with the construction
of the accessory building, the Building Inspector shall revoke the
building permit for the accessory building until construction of the
main building has proceeded substantially toward completion.
C.
Distance between adjacent buildings. The minimum distance
between buildings on the same lot shall be 20 feet.
[Amended 8-30-1977]
D.
Height and area of accessory building. Accessory buildings
shall not exceed two stories or 25 feet in height and may not occupy
more than 25% of the yard in which it is located or a maximum of 1,200
square feet, whichever is smaller, except that agricultural buildings
are excluded from these requirements.
E.
Location of parking. An accessory building or a private
parking area shall not be located in any required front yard space,
except that nothing shall prohibit an owner of a home from counting
his driveway as one parking space per dwelling unit, and except further
that any driveway with a slope in excess of 10% shall not be considered
as off-street parking. If erected on a corner lot, it shall be set
back from the side street to comply with the setback line applying
to the principal building for that side street.
Nothing in this chapter shall require any change
in the plans, construction, size or designated use of any building,
structure or part thereof for which any building permit or site plan
approval has been granted before the enactment of this chapter, provided
that construction from such plans shall have been started within 60
days after the enactment of this chapter and shall be diligently and
continuously pursued to completion. Otherwise said approval shall
be void.
Except as specified in § 108-25, any use, building or structure existing at the time of the enactment of this chapter may be continued, even though such use, building or structure may not conform with the provisions of this chapter for the district in which it is located.
A.
In any district on a corner lot, sight triangles shall
be required in addition to the right-of-way width outlines above,
in which no grading, planting or structure shall be erected or maintained
more than one foot above the street center line. The "sight triangle"
is defined as that area outside the right-of-way which is bounded
by the intersecting street lines and the straight line connecting
sight points, one each located on the two intersecting street center
lines, the following distance away from the intersecting center lines:
arterial streets: 300 feet; collector streets: 200 feet; and local
streets: 90 feet. Where the intersecting streets are both arterial,
both collectors or one arterial and one collector, two overlapping
sight triangles shall be required, formed by connecting the sight
points noted above with a sight point 90 feet on the intersecting
street.
B.
No fence or wall, including an agricultural or living
fence, shall be erected higher than six feet, except that fences for
security purposes in or around a utility, industrial or commercial
use may be erected to a maximum of 12 feet in height.
[Amended 4-28-1981]
All lots being filled shall be filled with clean
fill and/or topsoil to complete surface draining of the lot into local
storm systems or natural drainage rights-of-way. No construction shall
be permitted which creates or aggravates water stagnation or a drainage
problem on adjacent properties.
[Amended 7-25-1995]
A.
Purpose. The purposes of this section are as follows:
(1)
To ensure that adequate exterior lighting is provided
for safety and security purposes.
(2)
Exterior lighting shall not cast light directly onto
adjacent properties.
(3)
Exterior lighting shall be designed so that it does
not shine upward so as to contribute to illumination of the sky, an
effect known as "sky glow."
(4)
Exterior lighting shall not shine onto streets or
driveways in such manner as to interfere with or distract driver vision.
B.
Exterior lighting.
[Amended 3-25-1997]
(1)
Exterior lighting of parking areas, driveways and appurtenant passageways. All parking areas and appurtenant passageways and driveways serving commercial, public, office, industrial or other similar uses having common off-street parking and/or loading areas and building complexes requiring area lighting shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation for safety and security purposes. The lighting plan in and around the parking areas, driveways and appurtenant passageways shall provide for nonglare, color-corrected lights focused downward. The reviewing municipal board shall review all light specifications, including, without limitation, light source, light intensity, light patterns, light fixtures, color, filament type, shape of lens and direction of the illumination. The proposed lighting shall be shown on the lighting plan in sufficient detail to allow a determination of the effects of the lighting, both on and off site, including the effects upon safety and traffic safety, effects upon adjacent properties and overhead sky glow. The objective of these specifications is to minimize undesirable off-site and on-site effects as set forth in this section. Exterior lighting shall comply with the standards set forth in Subsection B(2) below.
(2)
Exterior lighting standards.
(a)
Exterior lighting shall conform to the following
standards:
[1]
Parking lots.
|
Footcandles
| |||
|---|---|---|---|
|
Activity Level
|
Minimum*
|
Maximum**
| |
|
Low
|
0.5
|
1.0
| |
|
Medium
|
1.0
|
2.0
| |
|
High
|
2.0
|
4.0
| |
|
Display
|
0.5
|
5.0
| |
|
* Measured throughout the parking
lot
** Measured at the center line of
the access aisles serving the parking lot
| |||
[2]
Sidewalks.
|
Footcandles
| |||
|---|---|---|---|
|
Activity Level
|
Minimum
|
Maximum
| |
|
Low
|
0.5
|
1.0
| |
|
Medium
|
0.6
|
1.2
| |
|
High
|
0.9
|
1.8
| |
[3]
Activity level.
[a]
Low activity: local business, commercial
and professional office parking, industrial employee parking, educational
facility parking.
[b]
Medium activity: fast-food facilities,
area shopping centers, hospital parking areas, transportation parking
(airports, etc.), cultural, civic or recreational events and residential
complex parking.
[c]
High activity: major athletic events,
major cultural or civic events and major regional shopping centers.
[d]
Display: parking areas used to
exhibit products for sale, such as automobiles, trailers and machinery.
(b)
The footcandle standards listed above shall
not be exceeded unless official building and/or safety codes require
higher levels of illumination, in which case the standards contained
in those codes shall control. The height of the light fixture shall
be measured from the ground level (finished grade) to the highest
point on the pole or fixture.
C.
Building lighting, sidewalk lighting and other exterior
lighting. Any other exterior lighting, such as building and sidewalk
illumination and ornamental light, shall be shown on the lighting
plan in sufficient detail to allow determination of the effects to
adjacent properties, traffic, safety and overhead sky glow. The objective
of these specifications is to minimize undesirable off-premises effects.
No light shall shine directly into windows or onto streets and driveways
in such manner as to interfere with or distract driver vision. To
achieve these requirements, the intensity of such light sources, the
light fixtures, light shielding, color filament type, shape of lens
and the lighting patterns and other lighting characteristics shall
be subject to review and approval by the reviewing municipal board.
D.
Existing exterior lighting. Existing light fixtures
in effect on the effective date of this subsection may remain even
though they do not conform to the standards contained in this section.
[Added 3-25-1997[1]]
E.
Changes to existing exterior lighting. No person or
entity shall change or increase the light source, light fixtures,
lumens, wattage, lighting pattern, height or design of light poles
or other features of exterior lighting without obtaining site plan
approval from the Hampton Township Planning Board and without obtaining
a zoning permit from the Hampton Township Zoning Chapter. This provision
shall apply to all exterior lighting, including, without limitation,
utility poles.
[Amended 10-26-2021 by Ord. No. 2021-12]
A.
Any motel or hotel that may be constructed on a lot
or parcel of land must contain a minimum of at least 20 units of accommodation,
exclusive of a permanent, on-site superintendent's living quarters.
There shall be no separate single units of accommodation built. The
minimum number of units of accommodation in any single building shall
be 10.
B.
Such motel or hotel shall contain a minimum square
foot area for each unit of accommodation of 200 square feet of floor
space thereof, floor space to be calculated on the basis of total
habitable room area. Ceilings shall be a minimum of seven feet in
height.
C.
Each unit of accommodation shall include a minimum
of two rooms, a bedroom and a separate bathroom which affords privacy
to a person within said room and which is equipped with a flush water
closet, a lavatory basin and a bathtub or shower, and properly connected
to a water and sewer system.
D.
Parking space of one space for each unit of accommodation
on the same lot where the motel or hotel is located shall be provided.
E.
The height of any building or buildings shall not
exceed 35 feet and shall be no more than two stories.
F.
There shall be a residency limitation on all guests
of 30 days maximum. The foregoing residency limitation shall not apply
to an employee living on the premises.
G.
Separate buildings or the use of a portion of the
main building thereof shall be permitted for accessory uses to any
motel or hotel. Such separate buildings or parts of the main building
shall be restricted to accessory uses customarily incidental to the
operation of a motel or hotel, such as rest rooms, offices, swimming
pools, cabanas, meeting rooms, lounges, etc.; and restaurants shall
be permitted in such accessory building or portion of the main building
thereof. These buildings shall have permanent walls and windows as
may be necessary for ventilation. The complete sales transaction and
delivery of merchandise shall be conducted inside the walls of the
building.
H.
All buildings shall conform to a single architectural
style.
I.
All open areas other than those areas used for parking
purposes shall be landscaped and maintained by the owner of the motel
or hotel.
J.
All Township ordinances and state and/or county departmental
regulations concerning the construction of foundations and buildings
and the installation of utility lines shall be applicable to the construction
of all buildings to be used in connection with the operation of motels
or hotels.
A.
Except as otherwise provided in this article, the
lawful use of land, buildings or structures existing at the date of
the adoption of this chapter may be continued although such use does
not conform to the regulations specified by this chapter for the zone
in which such land, buildings or structures are located; provided,
however, that no existing buildings or structures devoted to a use
not permitted by this chapter in the district in which such buildings
or structures are located shall be enlarged, extended, constructed,
reconstructed, substituted, relocated, erected, converted to another
use or structurally altered except in conformity with the regulations
of this chapter for the district in which such buildings or structures
are located. Also, land on which a nonconforming use or structure
is located shall not be reduced in size, nor shall any lot already
nonconforming be made more nonconforming in any manner.
B.
Abandonment. A nonconforming use shall be considered
abandoned if it is terminated by the owner. It shall be presumed if
a nonconforming use of a structure or land, or a structure and land
in combination, is abandoned for 12 consecutive months, that it is
permanently abandoned. Thereafter, the use of such building, structure
and/or land shall be in conformity with this chapter.
C.
Conversion to permitted use. Any nonconforming structure
or use which has been changed to a conforming structure or use shall
not be changed back again into a nonconforming structure or use.
D.
Restoration. Any nonconforming structure or use which
has been destroyed or damaged by fire, explosion, flood, windstorm
or other act of God shall be examined by the following three people:
the Township Zoning Inspector; the owner or an architect or engineer
selected by the owner; and a third person agreed to, and they shall
be paid in equal portions by the Township and the owner. If, in the
opinion of a majority of the above three people, the damage is such
that it is not repairable, it may be rebuilt only upon approval of
a use variance as provided by state statutes or appropriate municipal
agencies. In the event of a damaged or condemned structure where the
damage is repairable in the opinion of the majority of the above three
people, the nonconforming structure or use may be rebuilt and used
for the same nonconforming use, provided that it does not exceed the
height, area and volume of the original structure and that the reconstruction
shall commence within one year from the date the building was damaged
or condemned and shall be carried on without interruption.
E.
Repairs and maintenance. Such repairs and maintenance
work as required to keep a structure in sound condition may be made
to a nonconforming structure or a structure containing a nonconforming
use.
F.
Sale. Any nonconforming use, structure or lot may
change ownership and continue to function as the same nonconforming
use, structure or lot, provided that the other provisions of this
section are met.
H.
Registration and certification of nonconforming uses.
[Added 8-26-1986]
(1)
The prospective purchaser, prospective mortgagee or
any other person interested in any land upon which a nonconforming
use or structure exists may apply in writing for the issuance of a
certificate, stating that the use or structure existed before the
adoption of the ordinance which rendered the use or structure nonconforming.
(2)
Application pursuant hereto may be made to the Zoning
Officer within one year of the adoption of the ordinance which rendered
the use or structure nonconforming or at any time to the Planning
Board.
[Amended 10-26-2021 by Ord. No. 2021-12]
(3)
Such application shall contain the name and address
of the applicant, the nonconforming use so operated, the date on which
the use commenced, the tax lot and block number of its location, any
buildings or structures in which such use is contained or are necessary
for the operation of such use and the numbers and types of equipment
and/or vehicles utilized in the operation of said use and the time
period during which the use was conducted.
(4)
The applicant shall have the burden of proof as to
all matters alleged. Where application is to the Zoning Officer, it
shall be in the form of an affidavit and shall be notarized. Where
application is made to the Planning Board, the application shall be
processed as in the cause of all other applications to said Board.
Notice of such application shall be given in accordance with the provisions
of N.J.S.A. 40:55D-12.
[Amended 10-26-2021 by Ord. No. 2021-12]
(5)
If the zoning officer fails or refuses to issue a
certificate, he shall notify the applicant in writing as to the reasons
therefor within 45 days from the date of application. Such denial
may be appealed to the Planning Board in accordance with the provisions
of N.J.S.A. 40:55D-72, notice of which shall be given in accordance
with N.J.S.A. 40:55D-12.
[Amended 10-26-2021 by Ord. No. 2021-12]
I.
If a lot or structure conforming to the requirements
of the Hampton Township Zoning Ordinance on or after April 26, 1988,
becomes nonconforming with the lot area, yard, setback or other bulk
requirements of the Zoning Ordinance as a result of a condemnation
by or voluntary conveyance of a portion of the property to the State
of New Jersey, the County of Sussex or the Township of Hampton or
other municipality, the property shall be treated as a conforming
lot or structure under the provisions of the Hampton Township Zoning
Ordinance and Development Regulations.
[Added 9-27-1988]
A.
Landscaping and screening. For other than lots with
detached dwelling units, screen planting of a dense evergreen material
not less than four feet in height shall be provided between off-street
parking and loading areas and any lot line or street line, except
where a building intervenes or where the distance between the parking
area and the lot line or street line is greater than 150 feet. All
loading areas shall be landscaped and screened sufficiently to obscure
the view of the parked vehicles and loading platforms from any public
street, adjacent residential district or use and the front yards of
adjacent industrial or office uses. Such screening may be by plants
and/or fencing and/or brick or stone walls. In lieu of screen planting,
a fence of woven lattice, a decorative masonry wall or a cedar fence
with a maximum of three-fourths-inch spacing, or any combination of
plantings, walls and fences, may be provided not less than four feet
in height with fences and walls not more than six feet in height,
maintained in good condition and without advertising. All fences and
walls shall be landscaped. A minimum of one parking space per every
30 parking spaces shall be landscaped within the parking area with
1/2 of said areas having shrubs no higher than three feet and the
other half having trees with branches no lower than seven feet, in
order to break the view of long rows of parked cars in a manner not
impairing visibility.
B.
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets and in accordance with § 108-23. No lights shall be higher than 25 feet or the height of the building, whichever is less.
C.
Surfacing and curbing.
(1)
Off-street parking lots and loading areas, together
with their access aisles, driveways and fire lanes, shall not occupy
more than 30% of the lot area. All parking and loading areas and access
drives shall be paved as outlined below, or the equivalent, as determined
by the Township Engineer and approved as part of the site plan approval.
All parking areas, regardless of size and location, shall be suitably
drained and maintained. Areas of ingress or egress, loading and unloading
areas, major interior driveways or access aisles and other areas likely
to experience similar heavy traffic shall be paved with not less than
four inches of compacted base course of plant-mixed bituminous stabilized
base course construction in layers not more than two inches compacted
thickness and prepared and constructed in accordance with Division
3, Section 2A, of the New Jersey State Highway Department Standard
Specifications for Roads and Bridge Construction (1961), and amendments
thereto. A minimum two-inch thick compacted wearing surface of bituminous
concrete (FABC), shall be constructed thereon in accordance with Division
3, Section 10, of the aforesaid New Jersey State Highway Department
Specifications, and amendments thereto.
(2)
Parking stall areas and other areas likely to experience
similar light traffic shall be paved with not less than three inches
of compacted base course of plant, mixed bituminous stabilized base
course, prepared and constructed in accordance with Division 3, Section
2A, of the New Jersey State Highway Department Standard Specifications
for Road and Bridge Construction (1961), and amendments thereto. A
one-and-one-half-inch compacted wearing surface of bituminous concrete
(FABC) shall be constructed thereon in accordance with Division 3,
Section 10, of the aforesaid New Jersey State Highway Department Specifications,
and amendments thereto.
(3)
Where subbase conditions of proposed parking and loading
areas are wet, springy or of such a nature that surfacing would be
inadvisable without first treating the subbase, the treatment of the
subbase shall be made in the following manner. The areas shall be
excavated to a depth of six to twelve inches below the proposed finished
grade and filled with suitable subbase material as determined by the
Township Engineer. Where required by the Township Engineer, a system
of porous, concrete pipe subsurface drains shall be constructed beneath
the surface of the parking area and connected to a suitable drain.
After the subbase material has been properly placed and compacted,
the parking area surfacing material as described heretofore shall
be spread thereon.
(4)
All off-street parking and loading areas shall be
provided with curbing or the equivalent so that vehicles cannot be
driven onto required landscaped areas, buffer zones and street rights-of-way
and so that each parking lot has controlled entrances and exits and
drainage control. Curbing or wheel stops shall be located to prevent
any part of the vehicle from overhanging the street right-of-way,
property lines or internal sidewalks. Parking and loading spaces shall
not be an extension of any street right-of-way.
(5)
All off-street parking lots shall have adequate designations
to indicate traffic flow and parking spaces.
(6)
In the event that any existing parking spaces are lost by virtue of condemnation by a governmental body, entity or agency or by voluntary conveyance to a governmental body, entity or agency or by construction of improvements by a governmental body, entity or agency on public or private property, those parking spaces lost thereby shall be counted as existing parking spaces when determining compliance with the parking requirements of the Hampton Township Zoning Ordinance, § 108-1 et seq. of the Hampton Township Code.
[Added 10-26-1993]
D.
Access. Entrance and exit drives crossing the street
line shall be limited to two along the frontage of any single street,
and their center lines shall be spaced at least 75 feet apart; they
shall handle no more than two lanes of traffic; and they shall be
at least 100 feet from the street line of any intersecting street
and at least 40 feet from any property line. Curbing shall be either
depressed at the driveway or have the curbing rounded at the corners
and the driveway connected with the street in the same manner as another
street.
E.
Location of parking. Required off-street parking and loading spaces shall be on the same lot or premises with the use served, regardless of the number of spaces required by this chapter. Off-street parking and loading may occupy front, side and rear yard areas subject to site plan approval by the Planning Board, but shall be no closer than 20 feet to any street line or to the edge of any required buffer area outlined in § 108-27. No parking of vehicles shall be permitted in fire lanes, streets, driveways, aisles, sidewalks or turning areas. Nothing shall prohibit driveways for one-family dwellings from being considered one off-street parking space, except that no portion of the driveway within the street right-of-way shall be considered as any portion of an off-street parking space.
F.
Type of facility. Parking spaces for industrial and
commercial facilities may be on the surface of the ground or within
underground or other garage facilities.
G.
Time for provision. All minimum requirements for off-street
parking shall be met at the time of the erection, enlargement, alteration
or changed use for any main structure and shall apply to the entire
structure, whether or not the entire structure was involved in the
erection, enlargement, alteration or changed use.
H.
Access to parking spaces. The provision of parking
spaces shall also include adequate driveway and necessary turning
areas for handling the vehicles for which provision is made. Parking
areas shall be designed to permit each motor vehicle to proceed to
and from the parking space provided for it without requiring the moving
of any other motor vehicle. Aisles providing access to parking spaces
shall have the following minimum dimensions:
|
For Parking Spaces
|
For Parking Spaces
| ||||
|---|---|---|---|---|---|
|
9 Feet Wide
|
10 Feet Wide
| ||||
|
Angle
of Parking
|
1-Way
Aisle
(feet)
|
2-Way
Aisle
(feet)
|
1-Way
Aisle
(feet)
|
2-Way
Aisle
(feet)
| |
|
90º
|
25
|
25
|
22
|
25
| |
|
60º
|
20
|
22
|
18
|
20
| |
|
45º
|
18
|
20
|
15
|
20
| |
|
30º
|
15
|
18
|
12
|
18
| |
|
Parallel
|
12
|
18
|
12
|
18
| |
I.
Interference with loading space. Off-street loading
spaces shall be located so that no vehicle waiting to be loaded or
unloaded, maneuvering into a space or parked in a space shall interfere
with any parking space, sidewalk, street, fire lane, driveway, aisle
or other loading space.
A.
Buffers. Buffer areas are required along property
and street lines of all commercial, industrial, institutional and
mobile home park uses where said property lines or the center line
of the street are also zoning district lines. Buffer areas shall comply
with the following standards:
(1)
The buffer area shall be measured from the district
boundary line or from the nearest street line where that street center
line serves as the district boundary line.
(2)
Buffer areas shall be maintained and kept clean of
all debris, rubbish, weeds and tall grass.
(3)
No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area or such larger portions of the buffer area if specified for a particular zoning district in Article IV, except access drives from public streets, one unlighted directional sign per each direction of traffic per access drive and permitted signs as specified in Article IV.
(4)
Buffer widths shall be established in each zoning
district. No less than the exterior half of the buffer area shall
be planted and maintained with grass or ground cover, massed evergreens
and deciduous trees and shrubs of such species and size as will produce,
within two growing seasons, a screen at least four feet in height
and of such density as will obscure, throughout the full course of
the year, all of the glare of automobile headlights emitted from the
premises. The preservation of all natural wooded tracts, rock outcroppings
or topographic features shall be an integral part of all site plans
regardless of their proximity to required buffer areas.
(a)
Massed evergreens used in screen planting shall
be at least four feet in height when planted and shall produce a complete
visual screen year round.
(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 be so placed that
at maturity it will be no closer than three feet from any street or
property line.
(d)
In accordance with the provisions of § 108-21 a clear sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets.
(e)
The screen planting shall be broken only at
points of vehicular and pedestrian ingress and egress.
(5)
No screen planting shall be required along streets
which form district boundary lines, provided that:
B.
Electricity. Electric or electronic equipment shall
be shielded so there is no interference with any radio or television
reception at the lot line or beyond as the result of the operation
of such equipment.
C.
Floodplain regulations.
(1)
The purposes of these regulations are:
(a)
To prevent the construction of improvements
in the floodplains.
(b)
To prevent encroachments on floodplains which
would obstruct or constrict the area through which water must pass.
(c)
To prevent pollution of watercourses during
low- or high-water periods by preventing the placing or storing of
unsanitary or dangerous substances in the floodplain, including private
sewage disposal systems or materials that can float, are explosive
or are toxic to humans, animals or vegetation.
(2)
Establishment of the floodplain. The boundaries of
the floodplains are intended to be those areas as shown on maps prepared
by the United States Department of Agriculture Soil Conservation Service
showing soil types, drainage and soil texture characteristics and
slope characteristics. Except in those instances where contour data
is available to more accurately define the floodplain boundary, said
contour data shall be used to define the floodplain. All notations,
references and data shown on any of the above map sources are hereby
incorporated by reference into this chapter and shall be as much part
of this chapter as if it or they were fully described herein.
D.
Deposit of materials and wastes. No materials or wastes
shall be deposited upon a lot in such form or manner that they may
be transferred off the lot by natural causes or forces, nor shall
any substance which can contaminate a stream, watercourse or underground
aquifer or otherwise render such stream, watercourse or underground
aquifer undesirable as a source of water supply or recreation or which
will destroy aquatic life be allowed to enter any stream, watercourse
or underground aquifer. All materials or wastes which might cause
fumes or dust or which constitute a fire or explosion hazard or which
may be edible or otherwise attractive to rodents or insects shall
be stored and enclosed in appropriate containers adequate to eliminate
such hazards.
E.
Vibrations. No use shall cause earth vibrations or
concussions in excess of the standards outlined below, with the exception
of that vibration produced as a result of construction activity. The
standards below are as set forth in the Table of Frequency Amplitude
Relations. Vibrations shall be expressed as displacement in inches
and shall be measured with a standard three-component measuring system,
which is a device for recording the intensity of any vibration in
three mutually perpendicular directions.
|
Frequency of
Ground Motion
(cycles per second)
|
Maximum Amplitude
of Ground Motion
(inches, not more than)
| |
|---|---|---|
|
Up to 10
|
.0305
| |
|
10+ - 20
|
.0153
| |
|
20+ - 30
|
.0102
| |
|
30+ - 40
|
.0076
| |
|
40+ - 50
|
.0061
| |
|
50+ - 60
|
.0051
|
F.
Other standards. All other standards, including but
not limited to radiation, smoke emission, solid particle emission
or stream or noxious gas emission shall be regulated by the Air Pollution
Code of the New Jersey Department of Environmental Protection and
shall meet the maximum standards set forth therein and in any other
ordinances of the Township.
G.
Sidewalks.
[Added 2-14-2006 by Ord. No. 2006-3]
(1)
The following provisions shall apply to all developments
located within the following zone districts in the Township of Hampton:
(2)
Sidewalks are required in the zone districts listed in the prior subsection. Construction shall be undertaken by the developer pursuant to Subsection G(3) of this section below.
(3)
Sidewalks shall be constructed true to the lines,
grades and dimensions shown on the plans and Township details.
(a)
Subgrade. The site shall be cleared, stripped
of top soil and vegetation and rough graded. Material in the subgrade
shall be excavated and replaced by broken stone, gravel or other suitable
material. The contractor shall fine grade the subgrade of the sidewalk
area smooth and even and roll with a tandem roller weighing not less
than three tons as directed by the Township Engineer. The sidewalk
shall be brought to the prescribed line, grade and dimensions.
(b)
Concrete sidewalks. The concrete shall be Class
B and shall meet New Jersey State Department of Transportation Standard
Specifications for Road and Bridge Construction and amendments thereto,
with the following proportions to be used which must be approved by
the Township Engineer.
|
Cement
|
Sand
|
Course Aggregate
| |
|---|---|---|---|
|
Class B
4,000 p.s.i.
|
1.75
|
3.5
|
[1]
Class B minimum 4,000 p.s.i. air entrained transit
mix concrete must be used.
[2]
The sand shall be properly graded clean, moderately
sharp and free from clay, loan, mica, organic or other foreign matter.
[3]
The concrete shall be placed on a damp base.
If base is dry, it shall be lightly wetted down to avoid rapid moisture
removal from the concrete.
[4]
After the concrete is placed, it shall be compacted
by tamping or screening to a true grade and surface, working up enough
fines to allow a flat finish without addition of added mortar. The
surface shall be floated, edged and jointed. Just prior to final set,
a hair broom shall be used to sweep concrete to a uniform broomed
surface.
[5]
Premolded bituminous expansion joint material
shall be installed every 20 feet and half depth contraction joints
installed every four feet.
[6]
The sidewalk shall have a minimum thickness
of four inches. Driveway concrete walk and approach shall be six inches
thick with a six-inch by six-inch welded wire mesh with two-inch cover
from the bottom of the slab.
[7]
Driveway approaches (if concrete) are to be
laid with 1 1/2 inch lip at curbline. Monolithic curb approaches
are prohibited.
(c)
Forms. Wood or metal forms shall be used for
the construction of concrete sidewalks and braced at proper intervals
as directed by the Township Engineer on each side of the sidewalk
in order to maintain a true and straight edge on said walk. Damage
or corked forms shall not be used.
(d)
Grading. After the forms have been removed,
the earth shall be graded on each side of the sidewalk in a finished
and workmanlike manner and rolled as directed by the Township Engineer
from the curb to the property lines.
(e)
Line and grade information. Where no curb grade
or curb or sidewalk lines have previously been established on an accepted
Township street, road, etc., application must be made to the Township
Engineer for the necessary information.
(f)
Grading unpaved area. The unpaved area between
the curbline and the adjacent edge of the sidewalk pavement shall
be graded so that it has a uniform slope from the pavement edge toward
the curbline of not less than 1/4 inch, nor more than 1/2 inch per
foot, except by permission of the Township Engineer. There shall be
six inches of screened top soil and seed between the curb and sidewalk
and sidewalk and the property line.
(g)
Curing. All concrete shall be protected from
dehydration by use of mats or suitable material. These mats shall
be kept wet during the curing period or by use of approved curing
compounds.
(h)
Seasonal conditions. As the weather and freezing
conditions from November 15 to March 15 are unpredictable, any construction
of roads, sidewalks and driveway approaches during the above-mentioned
time shall be permitted only by approval of the Township Engineer.
He shall permit such construction only if weather and/or said conditions
permit. Normally, permanent construction during this period of the
year is not permitted, and all construction is subject to reinspection
and replacement if required.
[Amended 1-9-1990; 12-26-2006 by Ord. No.
2006-14]
No lot shall have conducted upon it more than
one principal use. No more than one principal dwelling or building
shall be permitted on one lot, except shopping centers receiving site
plan approval where all uses are permitted for that zone and except
agricultural uses where the residence and permitted agricultural business
are permitted on the same lot. Gasoline service stations are not accessory
uses to auto repair shops. Gasoline service stations are not accessory
uses to convenience stores.
[Amended 9-26-2006 by Ord. No. 2006-12]
A.
No auto repair shop shall have an entrance or exit
for vehicles within 200 feet along the same side of a street of any
firehouse, school, playground, church, hospital, public building or
institution, except where such property is in another block or abuts
another street which the lot in question does not abut.
B.
All lubrication, repair or similar activities shall
be performed in a fully enclosed building, and no dismantled parts
shall be displayed outside of an enclosed building. All appliances,
pits, storage areas and trash facilities shall be within a building;
provided, however, that trash dumpsters shall be permitted in an area
designated and approved on the site plan.
C.
No junked motor vehicle or part thereof or motor vehicles
incapable of normal operation upon the highways shall be permitted
on the premises of any auto repair shop. It shall be deemed evidence
of violation of this chapter if more than four motor vehicles incapable
of operation are located at any one time upon any premises not within
a closed and roofed building; except, however, that a number not exceeding
six motor vehicles may be located upon any auto repair shop premises
outside of a closed or roofed building but at least 20 feet from any
street or property line, for a period of time not to exceed four days,
and provided that the owners are awaiting repair of said motor vehicles.
[Amended 5-30-1978; 5-29-1990]
[Added 5-29-1990]
It is the intent and purpose of this section
to:[1]
A.
Encourage and permit signs which, by uniformity of
lettering and design and by limitation of size and number, enhance
the Township environment and are compatible with its rural character.
[Added 5-29-1990]
A.
Application for permit. Application for a permit shall
be made upon forms furnished by the construction official. A sign
permit is required for the erection, re-erection or alteration of
a permanent sign.
B.
Fees. The fee for a permit to construct a sign shall be as provided in § 53-3A of the Township Ordinances.
C.
Exemptions. The following signs do not require a permit
and are exempt from the provisions of this section:
(1)
Nameplates and professional practice signs not
exceeding two square feet.
(2)
Tablets indicating the name of a building and
the date of erection not exceeding three square feet.
(3)
Public signs erected by the state, county or
municipality in the performance of a public duty.
(4)
Temporary signs indicating garage sales and
other similar activities not exceeding 10 square feet. Such signs
shall be removed within 24 hours after the event has taken place.
(5)
Signs which are located for policing or parking
purposes not exceeding two square feet.
(6)
Nonilluminated window signs whose total area
does not exceed 25% of the total window area.
(7)
Real estate for sale, rent or lease signs not
exceeding four square feet.
(8)
Signs erected upon the premise of houses of
worship and charitable and nonprofit organizations not exceeding 10
square feet.
(9)
Temporary signs indicating grand openings not
exceeding 10 square feet. Such signs shall be removed within 10 days
after the grand opening is over.
(10)
Customary warning, trespassing and posted signs.
[Added 5-29-1990]
Any sign is defined as "nonconforming" which does not meet the requirements of this section. Any sign legally constructed and existing at the time of passage of this section that fails to comply with the minimum requirements of this section shall constitute a nonconforming use. A nonconforming sign shall not be altered, rebuilt, enlarged or extended, unless such action creates a conforming use. Section 108-25, entitled "Nonconforming uses and structures," shall apply to nonconforming signs.
[Added 5-29-1990]
The following types of signs or artificial lighting
are prohibited in all zones.
A.
Billboards.
B.
Exposed neon tubing.
C.
Any flashing, moving or animated or sequentially lighted
signs.
[Amended 6-27-1995]
D.
Any sign whose lighting or central mechanism causes
radio or television interference.
E.
Signs utilizing the colors red or green in their illumination
within 100 feet of a street intersection.
F.
Signs which resemble, simulate or may be mistaken
for a traffic sign within 20 feet of a roadway.
G.
Signs which are menaces to public safety.
H.
Roof signs.
I.
Signs affixed to trees, rocks or other natural things.
J.
Signs affixed or painted on water towers or similar
structures.
K.
Freestanding pylon signs located in public rights-of-way
or approved sight easements.
L.
String banners, string flags, aluminum ribbons or
similar attention-getting devices.
M.
Signs which obstruct motorists' vision, traffic signs
or signals or business identification signs outside the lot on which
the business is located.
N.
Animated signs, as well as streamers, pennants and similar displays,
are prohibited in all zones, including on any billboards. Without
limitation of the generality of the foregoing, this prohibition includes
balloons, other inflatable objects, searchlights, and flexible signs
in which movement is produced through operation of a fan or similar
device.
[Added 4-25-2023 by Ord. No. 2023-07]
O.
Changeable
copy signs are prohibited in all residential zones, with the exception
of institutional uses, within the Township, including on any billboards.
[Added 4-25-2023 by Ord. No. 2023-07]
P.
Digital
blade signs that include either electronic ability or illumination
are prohibited in all zones.
[Added 4-25-2023 by Ord. No. 2023-07]
R.
Moveable
signs shall be prohibited in all zones, with the exception of institutional
uses. Moveable digital signs are prohibited in all zones without exception.
[Added 4-25-2023 by Ord. No. 2023-07]
[Added 5-29-1990]
All signs in Hampton Township shall:
B.
All support, braces, hooks, anchors and other fastening
devices of any sign shall be of sturdy and substantial construction,
shall be kept in good repair and shall be maintained in a clean safe
and orderly appearance.
C.
The owner of the property upon which a sign is located
shall be responsible for maintaining the sign and its surroundings.
D.
Indirect or interior lighting is permissible, provided
that the source of light will not cause glare upon a street or adjacent
property.
E.
Permanent signs shall be located only on the premises
of the use or activity to which they are calling attention.
F.
No sign shall be placed as to interfere with or be
mistaken for a traffic light or similar safety device.
G.
No sign shall be lighted by means of flashing, intermittent
or sequentially lighted illumination. All lights used for the illumination
of any use or building or the areas surrounding them or for the illumination
or display of merchandise or products of business establishments shall
be completely shielded from the view of vehicular traffic using the
road or roads abutting such business properties. Floodlights used
for the illumination of such premises or of any sign thereon, whether
or not such floodlights are attached to or separate from the building,
shall not project above the highest elevation of the front wall of
the building.
[Amended 6-27-1995]
H.
No sign as permitted shall extend or project above
the highest elevation of the wall to which it is attached or above
the height of the building as defined in this chapter.
I.
No sign shall extend further than 15 inches from the
face of the building upon which it is attached.
J.
The area of a sign shall be computed as the total
square foot content of the background and frame upon which the lettering,
illustration or display is presented. If there is no background, the
sign area shall be computed as the product of the largest horizontal
dimension and the largest vertical dimension of the lettering, illustration
or display. Each side of a two-sided sign shall be allowed the maximum
permitted area.
K.
All signs shall be limited to noniridescent colors,
including the background, with the exception of safety and directional
signs of not more than two square feet.
[Added 5-29-1990]
A.
The following signs or similar signs require a special
permit. This permit shall be granted by the Planning Board subsequent
to a finding that the sign conforms to the intent and purposes of
this section.
(1)
Signs integrated or structurally incorporated
into the architecture of a building.
(2)
Signs made of landscape materials or plantings.
(3)
Off- and on-premises directional signs.
(4)
Signs displaying time or temperature.
(5)
Temporary signs on new construction sites, except
permitted signs, and one sign not to exceed four square feet stating
the contractor's name, address and telephone number.
(6)
Supergraphics.
(7)
Three-dimensional signs.
(8)
Ground signs. All signs with less than 10 feet
of vertical clearance between the level of the center line of the
adjacent road and the bottom of the sign.
[Added 6-27-1995]
B.
Submission of application; requirements.
(1)
The applicant shall file at least 14 days before the date of the regular public meeting of the Planning Board eight copies of a site plan or plat and three copies of an application for a special permit sign, together with all other drawings and documentation required herein or by any rule of the Planning Board, with the Township Clerk. The applicant shall obtain all necessary forms from the Township Clerk. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board. A fee shall accompany the application in the amount set forth in § 56-4.
(2)
Approval by County Planning Board Required.
All applications for site plan approval for signs on a county road
shall be submitted to the County Planning Board for its review and
recommendations and, where applicable, approval where required by
state statute or county requirements. The applicant shall furnish
proof of such submission within 10 days of the submission of his application
to the Township Reviewing Board by presenting a copy of his site plan
with an indication from the county that it has been filed with it.
Any application for site plan approval shall not be deemed complete
in the absence of proof that it has been filed with the County Planning
Board, if required. If the County Planning Board has failed to grant
or deny approval of the site plan at the time of approval of the applicant's
application, such approval shall be conditioned on approval of such
site plan by the County Planning Board.
C.
Notice and publication required. A public hearing, after proper notice and publication by the applicant in accordance with Chapter 15, the Land Use Procedures Ordinance of the Township, shall be held on all applications.
D.
Plat details. A complete application for a special
permit sign shall also consist of the following:
(1)
A plat or map with the following details and
information.
(a)
The boundaries of the tax lot where the proposed
sign is to be located and dimensions of said lot.
(b)
The tax lot and block number of said lot.
(c)
The location of all structures within 100 feet
of the proposed sign location, including underground utilities.
(d)
The location and dimensions of the existing
paved surface.
(e)
The distance from the paved surface of the road.
(f)
A sketch showing the design of the proposed
sign and the dimensions of the same. Said sketch may be contained
on the same sheet as the map showing the location of the sign but
in a separate area thereof. Said drawing shall be of sufficient size
to clearly show the proposed sign design, including the height of
the lettering. The materials to be used in the construction of the
sign shall be specified thereon, as well as sign colors.
(2)
An affidavit of ownership and consent of the
property owner shall be submitted if the applicant is not the owner
of the subject property where the sign is to be located.
(4)
The Board may require the applicant to submit a survey of the subject premises, showing the location and dimension of the road right-of-way, the exact location of the proposed sign and requirements of Subsection D(1) above. Said survey shall be prepared, signed, sealed and certified to by a surveyor or engineer licensed under the laws of the State of New Jersey.
[Added 5-29-1990]
A.
No facade sign shall project higher than the highest
point of the facade of the building upon which it is to be erected,
and it shall not project more than 15 inches from the building line.
B.
Only one facade sign shall be permitted on each establishment,
except a corner establishment may have two.
C.
A facade sign shall not exceed, in area, 10% of the
total area of the story or level of the building on which it is erected,
or more than 250 square feet, whichever is lesser, and shall be designated
to be architecturally compatible with the building.
[Amended 4-25-2023 by Ord. No. 2023-07]
[Added 5-29-1990; amended 4-25-2023 by Ord. No. 2023-07]
A.
Each
establishment shall be permitted only one facade sign and only one
freestanding general directory or pylon sign, provided that such signs
conform to the schedule of sign regulations for the districts and
other applicable requirements. Directional signs such as "loading,"
"shipping," and "receiving" are permitted, provided that they do not
exceed two square feet.
B.
Each establishment shall be permitted to have one electronic changeable copy sign as part of one freestanding general directory or pylon sign permitted in the above subsection and regulated by § 108-30.11.
C.
The
changeable copy sign for each establishment shall not be other than
a freestanding general directory, pylon sign or ground sign and shall
not be a facade or blade sign.
D.
No changeable
copy sign shall be displayed from inside a window of any establishment.
E.
Each
establishment shall be permitted in lieu of a freestanding general
directory a pylon sign or a ground sign not to exceed 40 square feet
and eight feet in height, including the base.
[Added 5-29-1990]
Signs in residential districts shall conform
to the applicable requirements of this section and to the schedule
of sign requirements.
A.
One customary professional sign or nameplate sign
not more than two square feet in area, which may be illuminated, provided
that the direct source of light is shielded in such a manner that
it is not visible from the street nor any adjoining residential property,
unless a porch light or lamppost light.
B.
A nonilluminated temporary sign, pertaining to the
lease or sale of the premises upon which it is placed not exceeding
four square feet. Such signs shall be removed within seven days after
signing the contract for sale, the signing of a sale transaction or
the execution of a lease.
C.
Subdivision developments involving six or more residential
lots may contain a sign advertising the sale of the dwellings contained
therein, as approved by the Planning Board, as follows:
(1)
One nonilluminated sign no larger than eight
square feet shall be permitted at each entrance of the development.
In addition, nonilluminated trade and professional signs no larger
than four square feet shall be permitted on the lots being developed.
(2)
All signs permitted under this section shall
be removed within seven days after signing the contract of sale, signing
of a sale transaction or the execution of a lease of the last house
in the development.
D.
A sign deemed necessary to the public welfare by the
governing body. Signs for public buildings, parks and other public
community facilities shall not exceed 20 square feet.
E.
A sign not more than 10 square feet in area advertising
the name of a house of worship on the premises, its pastor and its
coming activities.
F.
Agricultural uses may have the following signs:
(1)
Two signs advertising the sale and price of
seasonal and farm produce, provided that the total area of such signs
does not exceed 32 square feet.
(2)
One identification sign of not more than two
square feet, which may indirectly illuminated, stating the name of
the agricultural use, the address and the name of the owner.
G.
Permitted identification signs for a subdivision development
shall not be larger than eight square feet at each entrance.
[Added 5-29-1990]
A.
Freestanding or pylon sign.
[Amended 6-27-1995]
(1)
One freestanding or pylon sign advertising the
name of the dealership, station or garage, including any company or
brand name, insignia or emblem, shall be permitted, provided that
each sign shall not exceed 40 square feet per side in area within
a maximum of two sides.
B.
One temporary sign located inside the property line
and specifically advertising special seasonal servicing shall be permitted,
provided that the sign does not exceed seven square feet in area.
C.
Directional signs displayed over individual entrance
doors or bays consisting only of the words, "washing," "lubrication,"
"repairs," "mechanic on duty" or other closely similar words shall
be permitted, provided that there shall only be one such sign over
each entrance or bay, the letters thereof shall not exceed 12 inches
in height, and the total area of each sign shall not exceed two square
feet.
D.
Fuel, oil and gasoline filling stations may display one changeable
copy sign (which may be an electronic changeable copy sign) on each
street frontage for the purpose of indicating their fuel prices only.
The size of the sign displaying the prices shall not exceed 12 square
feet in area. The sign shall not be located on the canopy of any fueling
station. The changeable copy sign shall not utilize green or red lighting
if the property is located within 200 feet of a traffic signal.
[Added 4-25-2023 by Ord. No. 2023-07]
[Added 5-29-1990]
|
Use
|
Maximum Total
Number of Signs
|
Maximum Area
Sign Face
(square feet)
|
Minimum Setback From Any Lot
Line
(feet)
|
Maxim Height Above Ground1
(feet)
| ||
|---|---|---|---|---|---|---|
|
Single-Family Residential
|
1 per unit
|
2
|
20
|
8
| ||
|
Farmer's roadside sign Apartment/Townhouse Multiple-Family District (APT/TH), §108-13
|
2
|
32 total area of sign
|
15
|
18
| ||
|
Freestanding sign
|
1 per arterial or collector street
|
40
|
30 from street right-of-way; 50 from
property line
|
18
| ||
|
Facade sign
|
1 per building
|
2
|
--
|
--
| ||
|
Highway Commercial (Single establishment), § 108-15
| ||||||
|
Freestanding
[Amended 6-27-1995] |
1 per establishment
|
40 per side (maximum of 2 sides)
|
15
|
18
| ||
|
Facade
|
1 per establishment
|
10% of front facade
|
--
|
3
| ||
|
Highway Commercial (2 and 3 establishments), § 108-15
| ||||||
|
Freestanding
[Amended 6-27-1995] |
1 per building
|
40 per side (maximum of 2 sides)
|
15
|
18
| ||
|
Directory sign attached to the freestanding
sign
|
1 per building
|
2 per establishment for attached directory
sign
|
--
|
--
| ||
|
Facade sign2
|
1 per building
|
10% of front facade
|
--
|
3
| ||
|
Highway Commercial (4 or more establishments), § 108-15
| ||||||
|
Freestanding
[Amended 6-27-1995] |
1 per center
|
40 per side (maximum of 2 sides)
|
15
|
18
| ||
|
Directory sign attached to the freestanding
sign
|
1 per building
|
2 per establishment for attached directory
sign
|
--
|
--
| ||
|
Facade sign2
|
1 per building
|
10% of front facade
|
--
|
3
| ||
|
Highway - Commercial - Manufacturing
- Industrial (HC-MFG)
| ||||||
|
Freestanding
|
1 per use
|
100
|
50
|
6
| ||
|
Facade sign
|
1 per building facade
|
5% of front
|
--
|
3
| ||
|
Highway-Commercial-Research Development
(HC-RD) District
| ||||||
|
Office buildings
| ||||||
|
Freestanding
|
1
|
150
|
15
|
6
| ||
|
Facade sign
|
--
|
5% of front facade
|
--
|
3
| ||
|
Industrial plants, laboratories, wholesale
distribution centers and warehouses
| ||||||
|
Freestanding
|
1
|
100
|
50
|
6
| ||
|
Facade sign
|
--
|
5% of front facade
|
--
|
3
| ||
|
Industrial Park
| ||||||
|
Freestanding
|
1 per arterial or collector road on
which the industrial park abuts
|
200
|
--
|
50
| ||
|
Highway - Commercial - Residential
(HC-R) District
|
Sign requirements of the Residential
Zone District apply to residential uses, and sign requirements of
the Highway-Commercial Zone District apply to highway commercial uses
| |||||
|
NOTES:
1 The height
of the sign shall be measured from the center line of the road which
the sign abuts to the top of the sign.
2 Each lot
is permitted one directory sign attached to the freestanding sign
and one directory sign attached to the facade.
3 Not above
the roofline of the building.
[Amended 6-27-1995] |
[Added 4-25-2023 by Ord. No. 2023-07]
Changeable copy signs (including electronic changeable copy
signs) shall be permitted only as specifically set forth herein.
A.
Ground signs and freestanding signs. Changeable copy signs (including
electronic changeable copy signs) may be included on ground and freestanding
signs in the Highway Commercial (HC), Highway - Commercial - Manufacturing
- Industrial (HC-MFG), Highway - Commercial - Research - Development
(HC-RD), Highway - Commercial - Residential (HC-R) and Neighborhood
Commercial (NC) Zone Districts only, subject to the following limitations:
(1)
The changeable copy sign must be secondary to the primary signage,
which may not contain changeable copy elements.
(2)
The changeable copy sign must be mounted below the primary signage.
(3)
Changeable copy signs may only be installed on properties with
front yard frontages on Route 206, Halsey Road and Route 94.
(4)
Changeable copy signs must be oriented to be readable from Route
206, Halsey Road and Route 94.
(5)
Changeable copy signs cannot be located less than 250 feet from
a property zoned solely for residential use or developed for residential
use.
(6)
The changeable copy sign shall be included in the calculation
of the total sign area. The dimensions of the changeable copy sign
may not exceed the corresponding dimensions of the primary signage;
provided, however, that the area of the secondary changeable copy
sign shall not exceed 1/3 of the total sign area or 32 square feet,
whichever is less.
(7)
The changeable copy sign shall have a minimum front yard setback as set forth in § 108-30.11 of this chapter and shall have a maximum front yard setback of no more than 10 feet greater than the minimum front yard setback permitted in the zone.
(8)
No digital changeable copy sign shall display sexually explicit
or pornographic images.
(9)
All regulations that do not conflict with the remaining regulations
of this section pertaining to ground and freestanding signs in the
Highway Commercial (HC), Highway - Commercial - Manufacturing - Industrial
(HCMFG), Highway - Commercial - Research - Development (HC-RD), Highway
- Commercial - Residential (HC-R) and Neighborhood Commercial (NC)
Zone Districts apply to the changeable copy sign.
B.
General requirements and restrictions.
(1)
No changeable copy signs are permitted on any billboard. The
change to changeable copy signage or the addition of changeable copy
signage on an existing billboard shall require a variance, as provided
in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
(2)
Animated signs are prohibited in all zones.
(3)
The message on an electronic changeable copy sign shall not
change more than once every 30 seconds. Only one message is permitted
to be displayed on a changeable copy sign during said thirty-second
period.
(4)
No sign shall consist exclusively of changeable copy signage.
(5)
Site plan approval shall be required for freestanding signs,
ground signs, blade signs and facade signs.
(6)
Institutional uses in all zones shall be permitted to have electronic
changeable copy signs that shall meet the regulations of electronic
changeable copy signs in the Highway Commercial (HC), Highway - Commercial
- Manufacturing - Industrial (HC-NIFG), Highway - Commercial - Research
- Development (HC-RD), Highway - Commercial - Residential (HC-R) and
Neighborhood Commercial (NC) Zone Districts.
(7)
Electronic changeable signs shall be in operation only during
the hours of business operation, but in no event shall be permitted
to operate later than 9:00 p.m.
(8)
Changeable copy signs may advertise only the products and services
offered on the property on which the sign is located and may not advertise
specials or sales offered by any other business, organization or facility
with the exception of Township or community messages.
(9)
Changeable copy signs shall not emulate traffic control devices.
(10)
No changeable copy sign shall create a distraction or nuisance
for motorists.
(11)
Electronic signs shall not be permitted to emit more than 50%
of their illumination as the color white or light blue.
(12)
Lettering on nonelectronic changeable copy signs shall conform
to the following standards:
(a)
Lettering used on manual changeable copy signs oriented toward
local or collector streets shall be no greater than three inches in
height.
(b)
Lettering used on manual changeable copy signs oriented toward
service, minor or major arterial streets shall be no greater than
six inches in height.
(c)
Lettering used on manual changeable copy signs oriented toward
pedestrians shall be no greater than two inches in height.
C.
Technical requirements for electronic changeable copy signs.
(1)
The illumination and/or intensity of the sign display shall
be controlled so as not to create glare, hazards or nuisances. The
sign shall not cause glare or impair the vision of motorists, shall
not impair the observation of traffic control devices, shall not interfere
with any driver's operation of a motor vehicle, and shall not constitute
a nuisance to neighboring property owners.
(2)
Each sign shall be equipped with a dimmer control and a photocell
which automatically adjusts the intensity of the display in response
to natural ambient light conditions in accordance with the illumination
standards hereof.
(3)
All signs must be equipped with a properly functioning default
mechanism that will return to a solid black display should a malfunction
occur.
(4)
The maximum brightness level may not exceed 0.2 footcandle over
ambient light levels.
(5)
When first installed, or within 10 business days of a request
by the Township, the sign shall be calibrated and certified by the
sign owner as complying with the requirements hereof and that the
ambient light monitor and dimming technology function properly. This
includes performing the following test to be witnessed by the Township
Engineer:
(a)
The brightness level of the sign over ambient light levels shall
be measured at a distance from the sign equal to the square root of
the area of the sign multiplied by 100. (Example for an eight-foot-by-four-foot
sign, the distance is calculated as follows: 8 x 4 x 100 = 3,200 feet;
43,200 = 56.57.)
(b)
At least one hour after sunset, a footcandle meter shall be
used to measure ambient light at the location of the sign. Said measurement
shall be taken with the electronic sign turned off or displaying black
copy. The reading shall be made at a height of five feet with the
meter aimed directly at the sign area and perpendicular to the center
of the sign.
(c)
The electronic sign will be then turned to full white copy and
another reading will be taken at the same location and with the same
meter.
(d)
If the difference between the two readings is 0.2 footcandle
or less, the electronic sign brightness level is properly adjusted.
(6)
The sign shall operate at a maximum of 5,000 nits during the
daytime and shall be equipped with a mechanism or controls to automatically
adjust the brightness to 800 nits starting at dusk.
D.
Traffic/emergency messages. The owner of the sign shall be required
to coordinate and permit message access for local, regional, state,
and national emergency services during emergency situations. Emergency
messages are not required to conform to message standards listed herein.
Emergency or traffic information signs mounted on trailers or attenuator
trucks set up by any emergency services or construction companies
are exempt from this section.
[Added 11-28-2023 by Ord. No. 2023-25]
A.
SHIPPING CONTAINER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A prefabricated receptable or enclosure designed to be used
for storage or shipment. It includes sea containers, transmodal containers,
portable on-demand storage units, and trailers from tractor-trailer
units that remain in a stationary location. It does not include open-topped
containers of 40 cubic yards or less (commonly referred to as "dumpsters")
used for disposal of material such as garbage, debris or yard waste.
Shipping containers may be short-term (on site for 45 days or less),
temporary (on site for more than 45 days but less than 225 days),
or permanent (on site for more than 225 days).
B.
Shipping containers are prohibited in all zones, except for the following:
C.
Subject to the issuance of a permit, shipping containers shall be
allowed as follows:
(1)
A short-term shipping container placed on privately owned property
for the purpose of moving personal property into or out of that property.
(Such short-term shipping container shall not require a permit.)
(2)
A temporary shipping container placed on privately owned property
for the purpose of storage due to emergency circumstances affecting
a structure existing on that property (e.g., a fire or flood) for
not more than one year after the emergency occurs.
(3)
A temporary shipping container placed on privately owned property
for use in connection with construction taking place on that property.
(4)
A temporary shipping container placed on privately owned property
for use in direct connection with and as necessary for agricultural
activities of a farm. This provision shall apply only to actively
qualified farmland assessed properties in accordance with N.J.S.A.
54:4-23.1 et seq.
(5)
A permanent shipping container placed on privately owned property.
(6)
A temporary shipping container placed on privately owned property
used as part of the standard operating procedure for the movement
of goods of a business located in a nonresidential zone district;
provided, however, that any single shipping container may not remain
on the premises for more than 45 consecutive days.
D.
All shipping containers regulated by this section must meet the following
requirements:
(1)
Maximum dimensions. A shipping container in R-1.5 and R-2 Zones may
not exceed 10 feet in height, 10 feet in width and 20 feet in length.
In all other zones, a shipping container may not exceed 10 feet in
height, 10 feet in width and 40 feet in length.
(2)
Location.
(a)
Shipping containers are prohibited from being placed in any
public streets or rights-of-way.
(b)
Temporary shipping containers shall be placed in rear or side
yards and are prohibited from being placed in the front yard of any
property unless no other alternative is reasonably available. Permanent
shipping containers are prohibited in the front yard.
(c)
Setback requirements.
[1]
The location of a permanent shipping container must comply with
the setback requirements applicable to accessory buildings for the
zone in which the subject property is located, but in no event shall
such shipping container be less than 15 feet from a side or rear lot
line. In addition to the above, such shipping container shall be at
least 20 feet from any residence on either an adjacent property or
the property where the container is located. In addition to the above,
such shipping container on a farm property shall be least 50 feet
from any property line.
(d)
A shipping container shall be placed in a location that is approximately
level and in no event upon a slope exceeding 1%, and temporary and
permanent shipping containers shall be on a hard surface such as concrete,
asphalt or compacted gravel and anchored to the ground so as to resist
movement from wind or other forces.
(e)
A permanent shipping container which is located on a lot adjacent
to residentially zoned or used property or which is visible from any
street shall be screened from the residential uses and/or the street
by means of a solid fence six feet tall and/or evergreen vegetative
screening of the same height.
(f)
Shipping containers shall not be stacked.
(g)
Shipping containers shall not be placed on any part of a septic
system.
(3)
Number.
(a)
Containers in the R-1.5, R-2 and R-3 Zones are only allowed
on properties that meet the minimum lot size referred to in the zone.
(b)
No more than one shipping container shall be permitted on a
property at any given time, provided the property consists of 1.5
acres or more.
(c)
No more than one shipping container per every five contiguous
acres shall be permitted on any farm property at any given time.
(4)
Condition. All shipping containers shall be free from rust, peeling
paint, graffiti and other visible forms of deterioration, disassembly
or disrepair. With regard to any shipping containers with a wood floor,
applicants shall check with the manufacturer or seller to verify that
no hazardous materials or pesticides have been used to treat or build
the shipping container. Temporary and permanent shipping containers
shall only be of earth-tone colors (e.g., brown, grey, tan) or forest
green. Other colors (e.g., orange, blue, multicolor, including camouflage
patterns) are prohibited. Except for short-term shipping containers,
no signage or other writing or symbols shall be on the shipping container.
Wherever shipping containers may be placed, they shall be subject
to all applicable property maintenance standards set forth in the
Code. The area surrounding the shipping container shall be kept in
a neat and clean condition. Shipping containers shall not have windows
or doors (except the standard doors at the end of the container).
(5)
Uses.
(a)
Shipping containers can be used only for storage and movement of personal property and/or commercial goods. All storage shall be inside the shipping container. Nothing shall be stored on top of the shipping container. No part of the shipping container may be used to mount solar panels or signs. No shipping container shall be used for storage of hazardous waste (as defined in § 105-3) or used as a dwelling or animal shelter or for sales, service, repair, fabrication or assembly.
(b)
Except for short-term shipping containers and shipping containers permitted under Subsection C(2), (3) or (4), a shipping container may not be the only or the principal structure on the property. All shipping containers may only be used as an accessory structure by the owners of the property, the tenant of the property or a contractor performing work on the property and may not be leased or subleased for use by third parties.
(c)
Shipping containers shall not be used as a fence or barrier.
(d)
Shipping containers shall be locked when not in use.
(e)
Temporary and permanent shipping containers shall have a ten-pound
fire extinguisher (Type ABC) mounted outside within three feet of
the container door.
(f)
Temporary and permanent shipping containers may contain lighting
and a dehumidifier, provided the wiring is done with a permit. No
other electrical devices or other utilities shall be connected to
a shipping container. A generator may not be used for power to a shipping
container.
(g)
No roofs shall be placed on shipping containers or between shipping
containers.
(6)
Preexisting nonconforming containers.
(a)
Shipping containers that have been located on a property before November 29, 2023, and continuously thereafter without interruption may continue at the same location and for the same use but may not be relocated or the use changed without compliance herewith. Nonetheless, each such shipping container shall be subject to the requirement of Subsection D(4) and (5)(e) and E(6) that the shipping container shall be free from signs of deterioration, disassembly or disrepair, be subject to property maintenance standards and the area surrounding the same kept neat and clean.
E.
Permit requirement; application; fee.
(1)
No permit is required for a short-term shipping container.
(2)
The owner or tenant of, or the contractor working on, the subject
property must submit an application for a land use permit for each
non-short-term shipping container being placed on the property on
or after November 29, 2023. If the permit application is made by a
tenant or contractor, written permission of the owner of the subject
property for the placement of such shipping container on the subject
property must be provided to the Township before a permit is issued.
(3)
The permit must be displayed on the outside of the container in such
a manner as to be plainly visible from the street.
(4)
The permit fee is $75 per shipping container.
(5)
With regard to permanent shipping containers, including shipping containers permitted per Subsection C(4), an annual permit is required.
(6)
Upon reasonable notice by the Township, the property owner, tenant
or permit holder of a shipping container shall permit the Township
to inspect the shipping container and its contents for compliance
with this section.
F.
Notice; violations.
(1)
Before any summons shall be issued for a violation of Subsection B, C, D or E of this section, the Township shall mail written notice to the property owner at the address identified in the tax assessment records of the Township, which notice shall set forth a description of the alleged violation and include a warning that a summons shall be issued unless proof of abatement is received by the Township within 30 days after the issuance of the warning. If the Township does not receive such proof within said thirty-day period, the Township shall issue a second notice permitting an additional 14 days from the date thereof to provide the Township with proof of abatement of the alleged violation; and, if the Township shall not have received such proof by that deadline, the Township shall, in its discretion, cause a summons to be issued.
(3)
In addition to § 108-31F(2), the Township has the right to remove any shipping container that is not in compliance with this section and to charge the costs thereof, including, but not limited to, any storage and disposal fees, as a lien against the property from which the shipping container was removed.
A.
Before a building permit or certificate of occupancy
shall be issued for a conditional use under N.J.S.A. 40:55D-67, application
shall be made to the Planning Board which, after public hearing and
after site plan review, including but not limited to a review of the
number of employees or users of the property and the requirements
set forth in the Schedule of Limitations or other requirements of
this section, may authorize the issuance of such permit if in the
judgment of the Board it will not be detrimental to the health, safety
and general welfare of the Township and is reasonably necessary for
the convenience of residents of the Township. The types of uses for
which permits under this section are granted shall be deemed to be
permitted uses in their respective districts, and each specific use
shall be considered as an individual case. In all requests for approval
of permits under this section, the burden of proof that the use will
satisfy these standards shall be on the applicant.
B.
Publication and public hearing. Prior to action of
the Planning Board, notice, as required by Section 6 of an ordinance
entitled "An Ordinance of the Township of Hampton Establishing a Planning
Board and a Zoning Board of Adjustment Pursuant to the Provisions
of P.L. 1975, c. 291, Providing for the Powers of Said Boards; Fixing
the Procedures Governing Applications to Said Boards and Appeals Therefrom,
and Providing for the Continuance of Existing Ordinances,"[1] shall be given, and a hearing shall be held in accordance
with the provisions thereof.
C.
Guiding principles and standards.
(1)
Such use shall be one which is specifically authorized
as a conditional use in the district within which such particular
site is located.
(2)
For every conditional use, the Board shall make a
specific finding, supported by evidence produced at a public hearing
in the manner provided by law, that such use will not be prejudicial
to the character of the neighborhood.
(3)
For every conditional use, the Board shall determine
that there is appropriate provision for access facilities adequate
for the estimated traffic from public streets and sidewalks so as
to assure the public safety and to avoid traffic congestion. Vehicular
entrances and exits shall be clearly visible from the street and shall
not be within 100 feet of the intersection of the street lines bounding
a corner lot.
(4)
For every conditional use, the Board shall determine
that there are fully adequate parking areas and off-street truck loading
spaces, in conformity with this chapter and all other pertinent ordinances,
for the anticipated number of occupants, employees and patrons and
that the layout of the parking spaces, truck loading spaces and interior
driveways is convenient and conducive to safe operation.
(5)
For every conditional use, the Board shall require
suitable planting and/or fencing along side lot and rear lot lines
adjacent to residential uses or districts.
D.
Procedure for conditional uses.
(1)
Application for a permit authorizing a conditional
use shall be made directly to the Planning Board on forms provided
by the Secretary of the Board. The Planning Board shall grant or deny
an application for a conditional use within 95 days of submission
of a complete application by a developer to the administrative officer,
or within such further time as may be consented to by the applicant.
(2)
The review by the Planning Board of a conditional use shall include any required site plan review pursuant to Chapter 85, Site Plan Review. The time period for action by the Planning Board on conditional uses pursuant to Subsection D(1) of this section shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
[Amended 10-12-1988]
(3)
Whenever review or approval of the application by
the County Planning Board is required by Section 5 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section
8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site
plan, any approval shall be conditioned upon timely receipt of a favorable
report on the application by the County Planning Board or approval
by the County Planning Board by its failure to report thereon within
the required time period.
F.
Conditional uses in certain zone districts.
[Amended 9-25-1984; 1-28-1986; 10-12-1988]
(1)
Used truck sales.
[Amended 12-30-1997 by Ord. No. 97-15]
(a)
Conditions. The applicant shall meet the following
conditions:
[1]
The property is located in the HC-MGF Highway
- Commercial - Manufacturing - Industrial District or the HC Highway
Commercial District or the HC-RD Highway - Commercial - Research -
Development District.
[2]
The lot contains the minimum area of five acres.
[3]
The lot contains a minimum frontage of 250 feet.
[4]
The lot contains a minimum depth of 300 feet.
[5]
The principal building shall contain a minimum
gross floor area of 4,500 square feet.
(c)
Parking requirements. The following parking
spaces shall be provided: two parking spaces per service bay, plus
one space per employee, plus 10 spaces for customers. In addition,
one vehicle display space for each 1,000 square feet of lot area utilized
for used car sale purposes, improvements and appurtenances, exclusive
of open space, shall be provided.
(d)
Accessory uses. Truck rentals and automobile
rentals are accessory uses to the principal use of used truck sales.
(2)
Office research facilities, including offices and
office buildings and laboratory research and testing facilities, provided
that the molecular structure of no material is changed during the
research or testing process, and further provided that the following
additional conditions apply:
(a)
A minimum tract size of five acres shall be
provided for each such use.
(b)
A minimum frontage of 400 feet shall be provided
along a collector roadway.
(c)
Building coverage shall not exceed 20% of the
tract area.
(d)
At least the first 75 feet adjacent to any street
line and 30 feet adjacent to any lot line shall not be used for parking
and shall be placed and maintained in lawn area or ground cover or
shall be landscaped with evergreen shrubbery and shall be separated
from the parking area by poured concrete or Belgian block curbing
and a minimum buffer area of 75 feet in width shall be provided along
any common property line with a residential district or residential
use.
(e)
The property is located in the HC Highway Commercial
Zone or in the HC-MFG Highway - Commercial - Manufacturing - Industrial
Zone District.
(4)
Warehousing, storage and wholesaling of certain materials.
[Added 2-13-1990]
(a)
Declaration of policy.
[1]
The designated best use of all groundwaters
of Hampton Township is for public and private water supply, and of
most surface waters for food production, bathing and recreation. The
groundwater supply below Hampton Township is the sole source for water
supply. Therefore, it is hereby declared to be the policy of the Township
of Hampton to maintain its water resources as near to their natural
condition of purity as reasonably possible for the safeguarding of
the public health and, to that end, to require the use of all available
practical methods of preventing and controlling water pollution from
toxic and hazardous materials.
[2]
The warehousing, storage, wholesaling or retailing
of materials listed herein shall not be conducted until a conditional
use permit is issued from the reviewing municipal board. Such permit
shall be granted only if the applicant meets the conditions listed
herein.
(b)
Conditions of approval.
[1]
The applicant shall include in his publication
of the application and in his notice to surrounding property owners
and other notice as required by N.J.S.A. 40:55D-12 the specific description
of the material to be warehoused, stored or wholesaled.
[2]
The applicant shall prove that the materials
can be stored and used safely on the property and in accordance with
all applicable governmental laws, rules and regulations. Specific
details of the proposed use and storage facilities for the subject
materials shall be submitted to the reviewing municipal board. The
applicant shall submit copies of all applicable federal, state and
local laws, rules and regulations applicable to the storage to the
reviewing municipal board, including, without limitations, regulations
of the New Jersey Department of Environmental Protection and the Federal
Environmental Protection Agency and the BOCA Code.
[3]
The design details for all containers, storage
areas or bins for the materials shall be submitted to the reviewing
municipal board. The applicant shall provide for appropriate secondary
containment for each material stored in the event that the original
container leaks. The specific design details for the secondary containment
by competent professionals shall be filed with the board. The applicant
shall prove that the secondary containment is sufficient to prevent
the materials from escaping into the groundwater or surface waters
of the Township.
[4]
The materials or their by-products shall not
be disposed or discharged on the premises and shall not be discharged
into on-premises septic or sewage disposal systems.
[5]
There shall be no detriment to the public health
and safety of residents in the neighborhood or community.
[6]
No materials or wastes shall be deposited on
a lot in such form or manner that they may be transferred off the
lot by natural causes or forces.
[7]
All materials shall be stored in a secure manner
so that they may not be removed by unauthorized persons.
[8]
No substance or material which has the potential
to contaminate a stream, watercourse, groundwater supply or aquifer
or otherwise render such stream, watercourse, groundwater supply or
aquifer undesirable as a source of potable water or recreation or
which can destroy aquatic life shall be permitted to enter any stream,
watercourse, groundwater supply or aquifer. The applicant shall provide
the reviewing municipal board with competent evidence that this condition
has been met.
[9]
All materials or wastes which may cause fumes
or dust or which could constitute a fire hazard or which may be edible
or otherwise attractive to rodents or insects shall be stored indoors
and enclosed in appropriate containers adequate to eliminate such
hazards.
[10]
The applicant shall prove to the reviewing municipal
board that the use does not emit excessive or exceptional amounts
of dust, fumes, noise, odor, smoke, vibration, glare or waste products
and does not constitute an excessive fire or explosive hazard or a
hazard beyond the capabilities of the Township Fire Department.
[11]
The owner or operator of a facility shall carry
out a regular program of inspections designed to detect spills and
potential equipment failures. Such a program shall include all tests
specifically required by any applicable section of this chapter. Records
of inspections and tests which are made under the inspection program
shall be maintained by the owner or operator for a period of three
years and shall be available to the Health Officer or Sanitarian of
the Township of Hampton for inspection during business hours. The
inspection reports shall be forwarded to the Hampton Township Board
of Health at least annually or more frequently, if required by the
Township Board of Health.
[12]
Detection of discharges to groundwater. If ordered
to do so by the reviewing municipal board as a condition of approval
or by the Township Board of Health, the owner or operator of any facility
wherein hazardous substances are stored shall install observation
wells reaching the water table in locations calculated to maximize
detection of any leak.
[a]
Prior to the installation of observation
wells, plans showing the proposed location of the wells and details
of the storage of hazardous substances shall be submitted to the Hampton
Township Board of Health.
[b]
The owner or operator shall sample
the observation wells and submit samples to a state certified or equivalently
certified test laboratory for analysis for determination as to whether
or not any of the hazardous substances stored or used on its premises
has reached the water supply and in what concentration. The owner
or operator shall cause to be forwarded to the Health Officer of the
Township of Hampton a copy of the report directly and simultaneously
with the report being forwarded to the owner or operator of the facility.
[c]
Copies of the report shall be maintained
by the owner-operator at the site for purposes of inspection by the
Health Officer or agent or employees of the Board of Health of the
Township of Hampton for a period of three years.
[d]
In the event that the analysis
shows any presence of hazardous substances in the observation well,
the Board of Health shall be immediately notified. In the aforesaid
event, the Health Officer shall have the authority to require additional
sampling or analysis.
(c)
Materials covered.
[1]
Oil or petroleum of any kind and in any form,
including but not limited to oil, petroleum, gasoline, kerosene, fuel
oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils
and liquid propane.
[2]
All pesticides designated as "prohibited," "restricted"
or "specifically restricted" pursuant to New Jersey Pesticide Control
Act of 1971, N.J.S.A. 13:1F-1 et seq., as amended, and N.J.A.C. 7:30-1.5
through 1.7; excepted from this section are pesticides used for agricultural
uses as defined in this chapter.
[3]
Any use which directly or indirectly utilizes
materials listed in N.J.A.C. 7:26-8.12 through 8.16.
[4]
Substances identified as hazardous by the Federal
Environmental Protection Agency as 40 FR 59961, December 30, 1975,
proposed pursuant to Section 311(b)(2)(A) of the Federal Water Pollution
Control Act Amendments of 1972, 53 U.S.C. § 1251 et seq.,
as amended.
[5]
Explosives.
[6]
Gases.
[7]
Acids.
[8]
Plastics.
[9]
Halogenated hydrocarbons and their derivatives.
[10]
Fireworks.
[11]
Weapons.
[12]
Wood distillables.
[13]
Arsenic.
[14]
Barium.
[15]
Cadmium.
[16]
Chromium.
[17]
Lead.
[18]
Mercury.
[19]
Nitrate.
[20]
Selenium.
[21]
Silver.
[22]
Fluoride.
[23]
Endrin.
[24]
Lindane.
[25]
Methoxychlor.
[26]
2, 4-D.
[27]
2, 4, 5-TP Silvex.
[28]
Toxaphene.
[29]
Benzene.
[30]
Carbon tetrachloride.
[31]
p-Dichlorobenzene.
[32]
1, 2-Dichloroethylene.
[33]
1, 1-Dichloroethylene.
[34]
1, 1, 1-Trichloroethane.
[35]
Any other dangerous, hazardous or toxic materials.
(5)
Community residences for developmentally disabled
and community shelters for victims of domestic violence.
[Added 5-28-1991]
(a)
Community residences for developmentally disabled
and community shelters for victims of domestic violence, as defined
in this chapter, designed for the housing of more than six such persons
but not more than 15 persons, exclusive of staff, shall be a conditional
use subject to the following conditions.
[1]
The lot in question is located in those zoning
districts where residential uses are permitted.
[2]
Any such facility shall be limited to a maximum
of 15 residents excluding resident staff members.
[3]
The residence shall have at least two means
of egress.
[4]
Any residence or shelter designed to house children
shall provide designated play areas on the property appropriate to
the age of the children which shall be submitted on the site plan.
[5]
There shall be at least 1,250 square feet of
open yard area, exclusive of parking areas, buffer strips, driveways,
gardens or building sites for each inhabitant of the facility, including
staff, and the same shall be designated on the site plan.
[6]
Off-street parking shall be provided on the
basis of one space for each residential staff member, plus one space
for each staff member on duty at any one time, plus 1/2 space for
each authorized nonstaff resident. Where the calculation of off-street
parking results in a fraction, one full additional space shall be
required.
[7]
No such facility shall be located on a lot which
fails to meet the area and dimension requirements of the Zoning Ordinance.
[9]
The Sussex County Health Department shall review
and approve the septic system as adequate for the site.
(b)
Site plan.
[1]
The applicant shall obtain site plan approval
as part of his application for a conditional use permit.
[2]
Buffers. A ten-foot-wide planted buffer having
a minimum height of six feet shall be planted around the perimeter
of the property in the rear and side yards behind the front building
line of the residential structure.
[3]
There shall be no parking areas within the front
yard area.
[4]
Parking lot lighting will be provided at illumination
levels which are appropriate for residential neighborhoods.
[5]
The appearance, mass and architecture of the
structure shall be comparable to that of the neighborhood and shall
give the appearance of a residential structure compatible with the
zone and neighborhood in which the property lies.
[6]
Signs shall be as permitted in the residential
zone district in which the property is located.
(6)
Used-car sales.
[Added 2-27-1996]
(a)
Conditions. The applicant shall meet the following
conditions:
[1]
The property is located in the HC-MFG Highway
- Commercial - Manufacturing - Industrial District, or the HC Highway
Commercial District, or the HC-RD Highway - Commercial - Research
- Development District.
[2]
The lot contains the minimum area of five acres.
[3]
The lot contains a minimum frontage of 250 feet.
[4]
The lot contains a minimum depth of 300 feet.
[5]
The principal building shall contain a minimum
gross floor area of 4,500 square feet.
(c)
Parking requirements. The following parking
spaces shall be provided: two parking spaces per service bay, plus
one space per employee, plus 10 spaces for customers. In addition,
one vehicle display space for each 1,000 square feet of lot area utilized
for used-car sale purposes, improvements and appurtenances, exclusive
of open space, shall be provided.
(d)
Accessory uses. Automobile rentals and truck
rentals are accessory uses to the principal use of used-car sales.
[Added 3-26-1996]
(7)
Communications facilities.
[Added 2-22-2005 by Ord. No. 2005-3]
(a)
Purpose and intent.
[1]
The purpose of this subsection is to provide
sound land use policies, procedures and regulations for personal wireless
telecommunications facilities to minimize the on- and off-site effects
of those facilities, while allowing their development to provide comprehensive
wireless telecommunications services in Hampton Township to benefit
residents and businesses. This subsection expresses a preference that
antennae be located on existing buildings and towers rather than on
newly constructed telecommunications towers and encourages colocation
and site sharing of new and existing cellular communications facilities.
[2]
This subsection amendment is designed to create
the opportunity to locate communication facilities in areas in which,
in the opinion of the Township, will have the least impact on the
rural/undeveloped character of the community nor will it encroach
on the reasonable expectations of the residents of the Township that
their homes and personal safety remain protected. It is the intent
of this subsection to limit the location of such facilities to areas
which are both functional for the communication companies to provide
service but consistent with the above objectives. The overriding objective
of this provision is to ensure that the public health, safety and
welfare is safeguarded and that the following purposes of the MLUL
are advanced (see N.J.S.A. 40:55D-2).
[a]
To secure safety from fire, flood,
panic and other natural and man-made disasters;
[b]
To encourage the appropriate and
efficient expenditure of public funds by the coordination of public
development with land use policies;
[c]
To provide sufficient space in
appropriate locations for a variety of agricultural, residential,
recreational, commercial and industrial uses and open space, both
public and private, according to their respective environmental requirements
in order to meet the needs of all New Jersey citizens;
[d]
To promote a desirable visual environment
through creative development techniques and good civic design and
arrangements;
[e]
To promote the conservation of
historic sites and districts, open space, energy resources and valuable
natural resources in the state and to prevent urban sprawl and degradation
of the environment through improper use of the land;
[f]
To encourage coordination of the
various public and private procedures and activities shaping land
development with a view of lessening the cost of such development
and to the more efficient use of the land.
(b)
ANTENNA
ANTENNA SUPPORT STRUCTURE
COLOCATION
COMMUNICATION FACILITY
Definitions. As used in this subsection, the
following terms shall have the meanings indicated:
A system of electrical conductors that transmit or receive
radio frequency signals for wireless communications.
A structure other than a telecommunications tower which is
attached to a building or other structure and on which one or more
antennae are located.
Use of a common telecommunications tower or antenna support
structure or a common site by two or more wireless license holders
or by one wireless license holder for more than one type of communications
technology and/or placement of antennae on a structure owned or operated
by a utility or other like entity.
A commercial facility licensed by the Federal Communications
Commission selling transmitting/receiving air time, available equipment
and customary support facilities, access, and security facilities.
This specifically does not include microwave or television transmission.
(c)
Conditional uses; bulk requirements. Communications
facilities are designated as conditional uses in the HC/MFG Highway
Commercial /Manufacturing Zone District subject to the following conditions:
[1]
Minimum lot area: five acres.
[2]
Minimum setback to any property boundary or
recreation facility: 125% of the height of the structure.
[3]
Maximum height of structure: 120 feet, except
where more than one set of commercial transmitting/receiving antennae
are colocated on a tower, the total height of the tower shall be not
greater than 180 feet. This shall be measured as the overall height,
including antennae.
[4]
If cellular communications facilities are located
on the roof of a building, the area of the cellular communications
facility and other equipment and structures shall not occupy more
than 25% of the roof area. Height and setback required shall be as
measured from the ground level.
[5]
No such facility shall be located within 500
feet of a dwelling or within 1,000 feet of a school.
[6]
Site plan approval by the Hampton Township Planning
Board shall be required.
[7]
In the event such communication facilities are
abandoned or not operated for a period of one year, the same shall
be removed, at the option of the Township, at the sole expense of
the operator and/or owner.
[8]
Noise levels at any property line shall be not
more than 50 decibels.
[10]
Any generator located on the site shall be within
an equipment structure. All fuel shall be contained in accordance
with NJDEP requirements.
[11]
It is the specific intent of this provision
to avoid clearing beyond that required for access to the facility,
its construction and maintenance.
[12]
Location priority is given to existing cellular
communications facilities or water tanks, to existing high tension
wire structures as regulated by state and federal regulations and
such other location as the applicant proves is essential to provide
required service to the Hampton Township community. Applicant shall
document its efforts to meet these priority requirements.
[13]
All cellular communications facilities shall be located to minimize visual impact on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under Subsection F(7)(c)[12] shall be deemed more acceptable than lower priority sites.
[a]
Cellular communications facilities
shall be located to avoid being visually solitary or prominent when
viewed from residential areas and the public way. The facility shall
be obscured by vegetation, tree cover, topographic features and/or
other structures to the maximum extent feasible.
[b]
An applicant for approval of sites
for cellular communications facilities must demonstrate that they
provide minimal visual impact on residential areas and public ways.
Potential visual impact must be analyzed to illustrate that the selected
site provides the best opportunity to minimize the visual impact of
the proposed facility.
[c]
Application for cellular communications
facilities shall demonstrate that to the extent feasible, historically
significant views, streetscapes, and landscapes have been considered
and avoided in the siting of a cellular communications facility.
[15]
Colocation. Ordinance limitation on the number
of principal uses on a lot shall not apply.
[16]
Fencing and other safety devices. Cellular communications
facilities shall be surrounded by security features such as a fence.
The security fence shall not exceed eight feet in height. All towers
shall be designed with anticlimbing devices in order to prevent unauthorized
access. Additional safety devices shall be permitted or required,
as needed, and as approved by the Planning Board.
[17]
Landscaping. Landscaping shall be provided along
the perimeter of the security fence and other areas deemed necessary
to provide a visual screen or buffer for adjoining private properties
and the public right-of-way.
[18]
Signs. Signs shall not be permitted except for
required signs displaying owner contact information, warnings, equipment
information, and safety instructions. Such signs shall not exceed
two square feet in area. No commercial advertising shall be permitted
on any cellular communications facility.
[19]
Color. Cellular communication facilities shall
be of a color appropriate to the tower's locational context and to
make it as unobtrusive as possible, unless otherwise required by the
Federal Aviation Administration (FAA).
[20]
Activity and access. All equipment shall be
designed and automated to the greatest extent possible in order to
reduce the need for on-site maintenance and thereby minimize the need
for vehicular trips to and from the site. Access shall be from established
site access points whenever possible. Minimal off-street parking shall
be permitted as needed and as approved by the Planning Board.
[21]
Lighting. No lighting is permitted except as
follows:
[a]
Cellular communications facilities
enclosing electronic equipment may have security and safety lighting
at the entrance, provided that the light is attached to the facility,
is focused downward and is on timing devices and/or sensors so that
the light is turned off when not needed for safety or security purposes;
and
[b]
No lighting is permitted on a cellular
communications facility except lighting that specifically is required
by the Federal Aviation Administration (FAA), and such required lighting
shall be focused and shielded to the greatest extent possible so as
not to project towards adjacent and nearby properties.
[22]
Monopole. Any proposed new telecommunications
tower shall be a monopole unless the applicant can demonstrate that
a different type pole is necessary for the colocation of additional
antennas on the tower. The applicant shall employ camouflage technology.
[23]
Radio frequency emissions. The FCC has sole
jurisdiction of the field of regulations of radio frequency (RF) emissions.
Cellular communications facilities which meet the FCC standards shall
not be conditioned or denied on the basis of RF effects. Applicants
shall provide current FCC information concerning cellular communications
facilities and radio frequency emission standards. Cellular communications
facilities shall be required to provide information on the projected
power density of the proposed facility and how this meets the FCC
standards.
[24]
Structural integrity. Cellular communications
facilities must be constructed to the Electronic Industries Association/Telecommunications
Industries Association (EIA/TIA) 222 Revision F Standard entitled
"Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures" (or equivalent), as it may be updated or amended.
[25]
Maintenance. Cellular communications facilities
shall be maintained to assure their continued structural integrity.
The owner of the cellular communications facility shall also perform
such other maintenance of the structure and of the site as to assure
that it does not create a visual nuisance. Safety inspections shall
be performed not less than once per year. A report indicating the
condition of all facilities shall be submitted to the Township Clerk
and not later than January 10 of any given calendar year following
installation of the facility.
[26]
Each application for a cellular communications
facility shall be accompanied by a plan which shall reference all
existing cellular communications facility locations in the applicant's
Hampton Township inventory, any such facilities in the abutting towns
within or without New Jersey which provide service to areas within
the Hampton Township community and any changes proposed within the
following twelve-month period, including plans for new locations,
and the discontinuance or relocation of existing facilities.
[27]
Each application shall include a site location
alternative analysis describing the location of other sites considered,
the availability of those sites, the extent to which other sites do
or do not meet the provider service or engineering needs, and the
reason why the subject site was chosen. The analysis shall address
the following issues:
[a]
How the proposed location of the
cellular communications facility relates to the objective of providing
full wireless communication services within Hampton Township.
[b]
How the proposed location of the
proposed cellular communications facility relates to the location
of any existing antennas within and near the Hampton Township community.
[c]
How the proposed location of the
proposed cellular communications facility relates to the anticipated
need for additional antennae within and near the Hampton Township
community and also meets the needs for emergency services conumucations.
All such facilities shall make space available for state, county and
local emergency communications services.
[d]
How the proposed location of the
proposed cellular communications facility relates to the objective
of colocating the antennae of many different providers of wireless
communication services on the same cellular communications facility
tower.
[28]
The Planning Board may retain technical consultants
as it deems necessary to provide assistance in the review of the site
location alternative analysis. The service provider shall bear the
reasonable cost associated with such consultation, which cost shall
be deposited in accordance with the Hampton Township's escrow provisions.
[29]
Removal of abandoned cellular communications
facilities. Any cellular communications facility that has not been
operated for a continuous period of 12 months shall be considered
abandoned. If there are two or more users of a single cellular communications
facility, then the abandonment shall not become effective until all
users cease using the cellular communications facility for a continuous
period of 12 months. The owner of such cellular communications facility
shall remove same within 90 days of notice from the Zoning Officer
that the cellular communications facility is abandoned. If such cellular
communications facility is not removed within said 90 days, the municipality
may remove such cellular communications facility at the owner's expense.
If the facility is to be retained, the provider(s) shall establish
that the facility will be reused within one year of discontinuance.
If a facility is not reused within one year, a demolition permit shall
be obtained and the facility removed at the expense of the facility
owner or the private landowner. At the discretion of the Zoning Officer,
upon good cause shown, the one year reuse period may be extended for
a period not to exceed one additional year. The owner shall be required
to submit to the Township administration (Township Clerk/Administrator)
verification of yearly permits as issued by the state and/or the FCC
on or about the first of every calendar year or renewal period. The
status of the tower with respect to its continued use shall also be
confirmed. Hampton Township retains the right to use any abandoned
cellular communications facility on municipal properly for its own
use.
[30]
Cellular communications facilities in existence
on the date of the adoption of this subsection which do not comply
with the requirements of this subsection (nonconforming cellular communications
facilities) are subject to the following provisions.
[a]
Nonconforming cellular communications
facilities may continue in use for the purpose now used, but may not
be expanded without complying with this subsection.
[b]
Nonconforming cellular communications
facilities which are partially damaged or destroyed due to any reason
or cause may be repaired and restored to their former use, location
and physical dimensions subject to obtaining a building permit therefor,
but without otherwise complying with this subsection. If this destruction
is greater than 40%, the repair or restoration will require compliance
with this subsection.
[c]
The owner of the nonconforming
cellular communications facility may repair, rebuild and/or upgrade
(but not expand such cellular communications facility or increase
its height or reduce its setbacks), in order to improve the structural
integrity of the facility, to allow the facility to accommodate colocated
antennae or facilities, or to upgrade the facilities to current engineering,
technological or communications standards, without having to conform
to the provisions of this subsection.
[31]
In addition to the applicable documentation,
required escrow fees and items of information required for site plan
approval, the following additional documentation and items of information
are required to be submitted to the Planning Board for review and
approval as part of the site plan submission:
[a]
Documentation by a qualified expert
regarding the capacity of any proposed cellular communications facility
for the number and type of antennae.
[b]
Documentation by a qualified expert
that any proposed cellular communications facility will have sufficient
structural integrity to support the proposed antennae and the anticipated
future colocated antennae.
[c]
A letter of intent by the applicant,
in a form which is reviewed and approved by the Township Planning
Board, indicating that the applicant will share the use of the cellular
communications facility with other approved providers of wireless
communication services.
[d]
A visual impact study, graphically
simulating through models, computer-enhanced graphics, or similar
techniques, the appearance of any proposed tower and indicating its
view from at least five locations around and within one mile of the
proposed cellular communications facility where the cellular communications
facility will be most visible. Aerial photographs of the impact area
shall also be submitted.
(8)
Warehouses.
The following shall supersede any conflicting regulations:
[Added 9-12-2023 by Ord. No. 2023-18
(a)
Conditions. The applicant shall meet the following conditions:
[1]
The property is located in the HC-MFG Highway - Commercial - Manufacturing
- Industrial District or the HC Highway Commercial District or the
HC-RD Highway - Commercial - Research - Development District.
[2]
The lot contains a minimum area of two acres.
[3]
The lot contains a maximum area of five acres.
[4]
The lot contains a minimum frontage of 200 feet.
[5]
The lot contains a minimum depth of 200 feet.
[6]
The principal building shall contain a minimum gross floor area of
5,000 square feet.
[7]
The principal building shall contain a maximum gross floor area of
30,000 square feet.
[8]
Loading docks and doors shall only be located on facades facing the
rear yard.
[9]
Trash enclosures shall be screened and located to the rear of the
building.
[10]
A property developed with a warehouse shall have street frontage
on a state highway, and truck access shall only be permitted from
such highway.
[11]
All storage of goods shall be contained within a building. No storage
of goods outdoors or in shipping containers shall be permitted.
[13]
Parking shall be prohibited within the area(s) of the property lying
within 100 feet of the boundary of any street and also within any
area(s) of the property lying within 50 feet of any of its lot lines.
[14]
The applicant shall plant vegetative screening consisting of a mix
of deciduous trees, evergreens and shrubbery with a height of no less
than six feet to screen the rear and side facades of the building.
A.
Private, permanent residential swimming pools shall
adhere to the following standards:
(1)
All pools shall be located in side or rear yards or
subject to site plan review if located in other than side or rear
yards. Pools shall occupy no more than 25% of the rear yard area or
a maximum of 800 square feet as measured along the surface of the
water, whichever is smaller.
(2)
No edge of any pool shall be closer to any lot line
than 10 feet.
(3)
In case of a corner lot, a permanent, private swimming
pool shall not be constructed, erected, installed or maintained closer
to the side street line than the prevailing setback line on that street.
(4)
The pool may be lighted by underwater or exterior
lights, or both, provided that all exterior lights are located so
that the light is neither directed nor reflected upon adjacent properties
in such a manner as to be a nuisance or an annoyance to neighboring
properties. Underwater lighting shall be in compliance with the applicable
National Electrical Code.
(5)
No sound-amplifying system shall be used with a private
swimming pool.
B.
Public swimming pools or clubs intended for open use
of the public or to club members shall adhere to the following standards:
(1)
Said pools shall be located within a lot area of a
minimum of one acre and, within such area, terraces, a change house,
a refreshment stand and similar accessory uses may also be located.
(2)
The pool shall occupy no more than 20% of the lot
area. Said area shall include total water surface, including separate
wading pools, swimming tanks and diving tanks.
(3)
No edge of any pool or separate swimming tank shall
be closer to any property line than 20 feet.
(4)
The pool shall be enclosed with a fence or, in lieu
thereof, located on a terrace or landscaped or surrounded by structures
or any combination of the above or similar techniques in order to
control access to the immediate pool area.
(5)
The pool shall be lighted both internally and externally,
but in no case shall any light be directed in a direct or indirect
fashion upon any adjacent property. All standards used for exterior
lighting shall not exceed 25 feet in height and shall be no closer
than 25 feet to the edge of any pool. All lighting shall be in compliance
with the applicable National Electrical Code.
(6)
All pools shall be constructed below the surface of
the ground, except that for a period not to exceed one swimming season,
any public pool may be erected above ground, after which such pool
shall be located below ground if it remains on the same tract.
(7)
All pools shall be landscaped to effectively screen
the view and noise of the pool from neighboring properties.
(8)
All loudspeakers or public address systems shall be
located on or in the immediate area of the pool and shall be directed
so that said speakers are not directly aimed at any adjacent residential
buildings.
(9)
One off-street parking space shall be provided for
every 30 square feet of water surface.
Within any district allowing townhouses, no
townhouse development shall take place unless the following minimum
standards are met and until the site plan has been reviewed by the
Planning Board.
A.
In no event shall the townhouse development exceed
a density of five units per acre. The maximum density permitted shall
be determined based on the following density adjustment factors and
regulations:
[Amended 5-30-1978; 9-25-1984]
(1)
Townhouses shall be located on a tract of at least
15 acres. The minimum lot width and depth shall be 300 feet. The minimum
setback shall be 50 feet from any lot line, except that the minimum
setback from any street line shall be 100 feet. The maximum tract
density permitted shall be determined by applying the following density
adjustment factors to the area of the tract of land sought to be developed
with townhouses as set forth below:
|
Townhouse Density Adjustment Factors
| |||
|
Constraint
|
Density Factor
Per Acre
|
Resultant Maximum Number of Units per
Acre
| |
|
Slopes of 25% or greater
|
0.2
|
1
| |
|
Slopes of 15% to 24%
|
0.4
|
2
| |
|
Seasonal high water table at the surface
|
0.4
|
2
| |
|
Floodplain and wetland
|
0
|
0
| |
(2)
The maximum allowable number of units shall be calculated
based on the sum of the total number of acres identified in each building
constraint category times the corresponding density adjustment factor.
Areas which do not display limitations or constraints shall be assigned
a constraints factor of 1.0 which would result in a maximum density
of five units per acre.
B.
Each dwelling unit and combined complex of dwelling
units shall have a compatible architectural theme with variations
in design to provide attractiveness to the development, which shall
include consideration of landscaping techniques, building orientation
to the site and to other structures, topography, natural features
and individual dwelling unit design, such as varying unit widths,
staggering unit setbacks, changing rooflines and roof designs, altering
building heights and changing types of windows, shutters, doors, porches
and vertical or horizontal orientation of the facades, singularly
or in combination for each dwelling unit. Any overall structure of
attached townhouses shall provide that no more than two adjacent dwelling
units have the same setback.
[Amended 9-25-1984]
C.
No townhouse dwelling unit shall be less than 16 feet
wide. Building coverage shall not exceed 20% of the tract area.
D.
Each overall structure of attached townhouses shall
provide fire walls of concrete or cinder block material, which fire
walls shall be constructed as the side walls of all dwelling units,
in accordance with the BOCA Code.
[Amended 9-25-1984]
E.
All dwelling units shall be connected to approved
and functioning water and sanitary sewer systems prior to the issuance
of a certificate of occupancy. Approval of the New Jersey State Department
of Environmental Protection of said public water and sanitary sewer
systems shall be required prior to site plan approval.
F.
The total area devoted to parking shall not exceed
20% of the tract. All parking facilities shall be on the same site
as the building and located within 150 feet of the nearest entrance
of the building they are intended to serve. Parking spaces shall be
provided in areas designed specifically for parking, and there shall
be no parking along interior streets.
G.
Parking shall be provided at the following rate: two
spaces for each townhouse with three or more bedrooms; 1 3/4
spaces for each townhouse with two bedrooms; and 1 1/2 spaces
for each townhouse with one bedroom.
H.
Any development in excess of 12 townhouses shall include
improved recreation space at least equivalent to the building coverage.
Such recreation space shall be located and improved as shown on the
approved site plan and shall be at least 6,000 square feet in area,
at least 75 feet wide and shall have a grade of less than 5%. In the
event that a developer desires to dedicate or deed land to be owned,
controlled or maintained by a property owners' association or, in
the event that the developer imposes the responsibility of maintaining
private roads or utilities upon a property owners' association, the
developer shall form and incorporate said association. In that event,
the association shall be given necessary management powers and specifically
the power to create liens on individual units in order to ensure the
payment of the cost of maintenance and repair of the lands and improvements
under its control. The certificate of incorporation and bylaws shall
be reviewed and approved by the reviewing municipal body. The certificate
of incorporation shall be filed with the Secretary of State's office
as required by law.
[Amended 9-25-1984]
I.
The following signs are permitted:
(1)
Street number designations, postal boxes and on-site
traffic directional and parking signs are permitted and are not to
be considered in calculating the sign area.
(2)
Each townhouse development may have one lighted or
unlighted, freestanding sign which shall not exceed 12 square feet
in area, which sign shall be limited to displaying the development's
name.
(3)
Temporary real estate signs not over eight square
feet, advertising the sale or lease of a property or structure are
permitted with the following restriction: no more than one sign per
property; both sides of the sign may be exposed; and the sign shall
not be lighted.
J.
No outside area or equipment shall be provided for
the hanging of laundry or the outside airing of laundry in any manner.
Sufficient area and equipment shall be made available within each
building for the laundering and artificial drying of laundry of occupants
of each building.
K.
Provisions shall be made so that television antenna
equipment shall be built into the building, and there shall be no
exterior television equipment permitted.
L.
Access to townhouse developments must be provided
from arterial or collector streets only as shown on the Hampton Township
Master Plan, and a plan for the dispersion of traffic from the site
must be included in the application for site plan approval. It shall
be the responsibility of the developer to prove that minimal adverse
effects will be generated on the existing Township street system or
to make appropriate improvements to provide for increases in traffic
generated from such a development.
M.
A fire prevention system, including hydrants, is required,
which shall be approved by the reviewing municipal board.
[Added 9-25-1984]
Within any district allowing apartments, no
dwelling containing apartments shall take place unless the following
standards are met and until the site plan has been reviewed by the
Planning Board.
A.
In any event, garden apartments shall not exceed a
density of six units per acre. The maximum density permitted shall
be determined based on the density adjustment facts set forth below.
[Amended 5-30-1978; 9-25-1984]
(1)
The minimum tract size shall be 15 acres.
(2)
The minimum lot width and depth shall be 300 feet.
(3)
The minimum setback shall be 50 feet from any lot
line, except that the minimum setback from any street line shall be
100 feet.
(4)
In no event shall the density be greater than six
units per acre. The actual maximum tract density permitted shall be
determined by applying the following density adjustment factors to
the area of the tract of land sought to be developed with garden apartments
as set forth below:
|
Apartment Density Adjustment Factors
| |||
|---|---|---|---|
|
Constraint
|
Density Factor
Per Acre
|
Resultant Maximum Number of Units per
Acre
| |
|
Slopes of 25% or greater
|
0.17
|
1
| |
|
Slopes of 15% to 24%
|
0.33
|
2
| |
|
Seasonal high water table at the surface
|
0.33
|
2
| |
|
Floodplain and wetland
|
0
|
0
| |
(5)
The maximum allowable number of units shall be calculated
based on the sum of the total number of acres identified in each building
constraint category times the corresponding density adjustment factor.
Areas which do not display limitations or constraints shall be assigned
a constraints factor of 1.0 which would result in a maximum density
of six units per acre.
B.
Each dwelling unit and combined complex of dwelling
units shall have a compatible architectural theme with variations
in design to provide attractiveness to the development, which shall
include consideration of landscaping techniques, building orientation
to the site and to other structures, topography, natural features
and individual dwelling unit design such as varying unit width, staggering
unit setbacks, providing different exterior materials, changing rooflines
and roof designs, altering building heights and changing types of
windows, shutters, doors, porches, colors and vertical or horizontal
orientation of the facades, singularly or in combination for each
dwelling unit.
C.
All dwelling units shall be connected to approved
and functioning water and sanitary sewer systems prior to the issuance
of a certificate of occupancy.
D.
Parking shall be provided at the rate of two spaces
per apartment. All parking facilities shall be on the same site as
the building and shall be located within 150 feet of the nearest entrance
of the building they are intended to serve. Parking spaces shall be
provided in areas designed specifically for parking, and there shall
be no parking along interior streets. The total area devoted to parking
shall not exceed 20% of the tract, and the total aggregate area devoted
to both parking and interior streets shall not exceed 30% of the tract.
E.
Additional requirements.
(1)
Apartment buildings may consist of any configuration
that meets the prescribed area and yard requirements and does not
exceed the following overall or component building lengths. Building
coverage shall not exceed 20% of the tract area:
(2)
Buildings measured along the center line shall provide
one opening at ground level at least every 250 feet. This opening
shall be a minimum of 15 feet in clear width and height and shall
be at an elevation enabling emergency vehicle access through the opening.
F.
No portion of any basement shall be used for living
area.
G.
Each dwelling unit shall have two separate means of
egress to the ground, except that any window sill which is 12 feet
or less above the ground level below it shall be considered a separate
means of egress.
H.
In addition to any storage area contained inside individual
dwelling units, there shall be provided for each dwelling unit 200
cubic feet of storage area in a convenient, centrally located area
in the basement or ground floor of the dwelling structure where personal
belongings and effects may be stored without constituting a fire hazard
and where said belongings and effects may be kept locked and separated
from the belongings of other occupants. There shall be a further minimum
common storage area in each building of 50 cubic feet per dwelling
unit located convenient to the outside ground level for bicycles,
perambulators and similar types of equipment.
I.
A fire prevention system, including hydrants, is required,
which shall be approved by the reviewing municipal board.
[Added 9-25-1984]
[Added 9-8-1998 by Ord. No. 98-5]
Land adjacent to state highways shall be developed in conformity with the State Highway Access Management Code adopted by the Commissioner of Transportation, N.J.A.C. 16:47-1 et seq.; lands adjacent to county roads shall be developed in accordance with the County Access Management Code adopted pursuant to N.J.S.A. 27:16-1; and land abutting Township roads shall comply with the requirements relating to access contained in Chapter 88 of the Hampton Township Code, including, without limitation, § 88-14.
[1]
Editor's Note: Former § 108-36,
Planned unit residential development, amended 9-25-1984, was repealed
1-29-1985.
