Township of Hampton, NJ Article V General Regulations

§ 108-18 Accessory buildings.

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.

§ 108-19 Outstanding building permits and site plan approvals.

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.

§ 108-20 Existing uses.

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.

§ 108-21 Sight triangles; fences and walls.

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]

§ 108-22 Grading.

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.

§ 108-23 Lighting.

[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]]

[1] Editor's Note: This ordinance also provided for the redesignation of former Subsections D and E to Subsections E and F.

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]

F. Penalties. Any person or entity who or which shall violate the provisions of § 108-23D above shall be subject to the penalties set forth in § 108-40.

§ 108-24 Motels and hotels.

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.

§ 108-25 Nonconforming uses, structures and lots.

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.

G. (Reserved)[1]

[1] Editor's Note: Former Subsection G, Existing vacant lots, was repealed 3-10-1999 by Ord. No. 99-5.

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]

(6) An application to the Zoning Officer shall be accompanied by payment of a fee of $25. Applications to the Planning Board shall be accompanied by a payment of the fee specified in § 56-4.[2]

[Amended 10-26-2021 by Ord. No. 2021-12]

[2] Editor's Note: See Ch. 56, Development and Application Fees.

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]

§ 108-26 Off-street parking and loading; driveways.

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.

§ 108-27 Performance standards.

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:

(a) No outdoor processing or manufacturing activity and no outdoor storage of materials shall be so located to be visible from the adjacent residential district or street.

(b) Only the front of any proposed building shall be visible from the adjacent residential district.

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:

(a) HC-MFG-Highway Commercial - Manufacturing - Industrial District.

(b) HC - Highway Commercial District.

(c) HC-RD - Highway Commercial - Research - Development District.

(d) HC-R - Highway Commercial - Residential District.

(e) NC - Neighborhood Commercial District.

(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.

§ 108-28 Principal uses.

[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.

§ 108-29 Auto repair shops.

[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.

§ 108-30 Signs.

[Amended 5-30-1978; 5-29-1990]

§ 108-30.1 Purpose.

[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.

B. Discourage and render unlawful signs which:

(1) Obstruct scenic vistas and natural features.

(2) Contribute to visual pollution.

(3) Contribute to traffic hazards.

[1] Editor's Note: "This section" refers to §§ 108-30 through 108-30.11.

§ 108-30.2 Permit requirements and fees.

[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.

§ 108-30.3 Nonconforming 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.

§ 108-30.4 Prohibited 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]

Q. Except as specifically provided otherwise in §§ 108-30.2, 108-30.6, 108-30.9 and 108-30.10, temporary signs shall be prohibited in all zones, with the exception of institutional uses. Digital temporary signs are prohibited in all zones without exception.

[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]

§ 108-30.5 General sign requirements.

[Added 5-29-1990]

All signs in Hampton Township shall:

A. Conform to standards set forth in the preceding sections and the Township Building Code.[1]

[1] Editor's Note: See Chs. 43, Building Construction, and 53, Construction Codes, Uniform.

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.

§ 108-30.6 Special permit for signs.

[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.

(3) The applicant shall submit, in written narrative form, a statement specifying:

(a) The necessity for the sign.

(b) Whether the sign will obstruct the view of motorists in the area.

(c) The nature of the sign, e.g., advertising, directional, informational, decorative, etc.

(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.

§ 108-30.7 Facade signs.

[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]

§ 108-30.8 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.

[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.

§ 108-30.9 Signs in residential districts.

[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.

H. Sign regulations governing the Apartment/Townhouse Multiple-Family Residential District (APT/TH) are contained in § 108-13J of the Zoning Ordinance.

§ 108-30.10 Signs at automobile sales, service and vehicle rental establishments.

[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.

(2) The bottom of the sign shall be not less than 10 feet from the level of the center line of the adjacent road to the bottom of the sign, unless the sign is approved as a ground sign by the Planning Board reviewing the application pursuant to § 108-30.6.

[Amended 10-26-2021 by Ord. No. 2021-12]

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]

(1) Any changeable copy sign shall not inhibit the sight triangles for ingress and egress to the property.

(2) No changeable copy signs shall be permitted on the canopies of any fuel, oil and gasoline filling stations.

§ 108-30.11 Schedule of Sign Regulations.

[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]

§ 108-30.12 Changeable copy signs.

[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.

§ 108-31 Shipping containers. [1]

[Added 11-28-2023 by Ord. No. 2023-25]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

SHIPPING CONTAINER

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:

(1) Shipping containers placed on publicly owned property by or with authorization of the owner thereof.

(2) Shipping containers explicitly permitted as an accessory structure by site plan or variance approval of the Planning Board.

(3) Shipping containers in any zone that are permitted per Subsections C and D below.

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.

[2] Temporary shipping containers permitted by reason of Subsection C(2), (3), (4) and (6) of this section shall comply with the setbacks for accessory buildings unless it is impractical.

(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.

(d) No shipping container shall be permitted on any property consisting of an area of less than 1.5 acres, except when such a shipping container is permitted by reason of Subsection C(1), (2), (3) or (6).

(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.

(7) Variances. Any deviation from Subsection B, C or D shall require variance approval from the Township Planning Board.

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.

(2) Any person violating this section (§ 108-31) shall be subject, upon conviction, to the penalties provided in § 1-14.1 of the Code.

(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.

[1] Editor's Note: Former § 108-31, Site plan review, was repealed 3-25-1980. For current provisions regarding site plans, see Ch. 85.

§ 108-32 Conditional uses.

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.

[1] Editor's Note: See Ch. 15, Land Use Procedures, § 15-30.

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.

E. (Reserved)[2]

[2] Editor's Note: Former Subsection E, which pertained to low- and moderate-income housing, was repealed 9-25-1984.

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.

[6] The applicant shall comply with the procedures contained in § 108-32A through D.

(b) Yard and bulk requirements.

[1] Minimum front yard setback: 50 feet.

[2] Minimum side yard setback: 30 feet.

[3] Minimum rear yard setback: 100 feet.

[4] Maximum building coverage: 20%.

(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.

(f) The standards of §§ 108-27 and 108-32C shall be met.

(3) (Reserved)[3]

[3] Editor's Note: Former Subsection F(3), detailing conditions of approval for service stations, was repealed 9-26-2006 by Ord. No. 2006-12.

(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.

[8] All requirements of the Housing Code shall be complied with.[4]

[4] Editor's Note: See Ch. 65, Housing.

[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.

[6] The applicant shall comply with the procedures contains in § 108-32A through D.

(b) Yard and bulk requirements.

[1] Minimum front yard setback: 50 feet.

[2] Minimum side yard setback: 30 feet.

[3] Minimum rear yard setback: 100 feet.

[4] Maximum building coverage: 20%.

(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) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

ANTENNA

A system of electrical conductors that transmit or receive radio frequency signals for wireless communications.

ANTENNA SUPPORT STRUCTURE

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.

COLOCATION

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.

COMMUNICATION FACILITY

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.

[9] Any access to a communications facility shall conform to the driveway provision of the Hampton Township Code.[5]

[5] See Ch. 88, Streets and Sidewalks, Art. IV, Residential Driveways.

[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.

[14] Cellular communications facilities shall be deemed a conditional use under the Hampton Township Code and shall meet all requirements of this section and of § 108-32A, B, C and D.

[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.

[12] The applicant shall comply with the procedures contained in § 108-32A through D.

[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.

(b) Yard and bulk requirements.

[1] Minimum front yard setback: 150 feet.

[2] Minimum side yard setback: 50 feet.

[3] Minimum rear yard setback: 100 feet.

[4] Maximum building coverage: 30%.

§ 108-33 Swimming pools.

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.

§ 108-34 Townhouses.

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]

§ 108-35 Garden apartments.

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:

(a) Two hundred feet on one plane.

(b) Three hundred forty feet on any angle.

(c) Five hundred feet along the center line.

(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]

J. The provisions of § 108-34H with regard to property owners' associations is applicable to apartment developments under this section.

[Added 9-25-1984]

§ 108-36 Compliance with State Highway Access Management Code. [1]

[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.