[Amended 2-25-1985 by Ord. No. 85-1]
No site plan shall be approved by the Planning
Board unless the use meets the performance standards herein set forth
and such state or federal standards as may be more stringent than
those set forth herein. Failure to comply with the performance standards
at any time after issuance of a certificate of occupancy shall be
cause for revocation of such certificate. Application of these site
plan standards should also encourage cost-efficient methods and designs
to enable the construction of low- and moderate-income housing without
creating an adverse impact on the public health, safety and general
welfare of the Township or for the future residents of the development.
In reviewing any site plan, the Planning Board shall consider the
following requirements of this article.
A.
The pedestrian and vehicular traffic movement within
and adjacent to the site, with particular emphasis on the provision
and layout of parking areas, off-street loading and unloading, movement
of people, goods and vehicles from access roads, within the site,
between buildings and between buildings and vehicles shall be reviewed.
B.
The Planning Board shall ensure that all parking spaces
are usable and are safely and conveniently arranged. Access to the
site from adjacent roads shall be designed so as to interfere as little
as possible with traffic flow on these roads and to permit vehicles
a rapid and safe ingress and egress to the site.
C.
Any and all rules, guidelines and/or directives established
regarding parking, loading and unloading and pedestrian and vehicular
movement shall be in accordance with applicable provisions of the
Americans with Disabilities Act of 1990.
[Added 2-16-1993 by Ord. No. 93-01]
The site design and layout of buildings and
parking areas shall be reviewed so as to provide an aesthetically
pleasing design and efficient arrangement. Particular attention shall
be given to safety and fire protection, impact on surrounding development
and contiguous and adjacent buildings and lands.
Adequate lighting shall be provided to ensure
safe movement of persons and vehicles and for security purposes. Directional
lights shall be arranged so as to minimize glare and reflection on
adjacent properties.
[Amended 2-16-1993 by Ord. No. 93-01]
Common open space shall be provided as part
of any planned residential development or open space cluster development.
The open space should be classified as developed (recreational) or
undeveloped (natural) space. The design of all developed (recreational)
space shall be in accordance with all applicable equal access provisions
of the Americans with Disabilities Act of 1990.[1]
[1]
Editor's Note: Original Sections 23-5.5, Buffering,
and 23-5.6, Landscaping, were deleted 5-16-1988 by Ord. No. 88-9.
[Amended 2-16-1993 by Ord. No. 93-01]
Signs shall be designed so as to be aesthetically
pleasing and harmonious with other signs and buildings on the site.
They shall be located so as to achieve their purpose without constituting
hazards to vehicles and pedestrians or being visually distracting
from the overall site design. All permanent signs shall be designed
and erected in a manner consistent with applicable provisions of the
Americans with Disabilities Act of 1990.
Storm drainage, sanitary waste disposal, water
supply and solid waste collection and disposal shall be reviewed.
Particular emphasis shall be given to the preservation of stream corridors,
establishment of drainage rights-of-way and the adequacy of existing
utility systems and the need for improvements both on-site and off-tract,
where appropriate, to adequately carry runoff and sewage and to maintain
an adequate supply of water at sufficient pressure.
[Amended 12-22-1980 by Ord. No.
80-41]
Environmental elements relating to the prevention
of soil erosion, preservation of trees, protection of watercourses
and plains, protection of water sources, noise, air quality, topography,
soil and animal life shall be reviewed, and the design of the plan
shall minimize any adverse impact on these elements.
A.
Environmental impact. No application for development
shall be approved unless it has been affirmatively determined by the
Planning Board, after an environmental appraisal, that the proposed
project:
(1)
Will not result in a significant adverse impact on
the environment.
(2)
Has been conceived and designed in such a manner that
it will not significantly impair natural processes.
(3)
Will not place a disproportionate or excessive demand
upon the total resources available to the project site and to the
impact area.
B.
Application of requirement. To facilitate the environmental
appraisal, all development applications excluding those for one residential
dwelling unit or lot must include a preliminary environmental impact
statement (EIS). Based on the findings of the preliminary EIS, detailed
statements or clarification of detail on specific areas of environmental
impact may be required. Applications requiring an EIS may be rejected
by the Planning Board for failure to furnish sufficient information
to enable the Board to make an adequate environmental approval. The
applicant may request a preapplication conference with the Environmental
Commission concerning the level of detail and scope of the preliminary
EIS for a particular project.
C.
Requirements of preliminary EIS and Green Development
Practices Checklist. Applicants shall supply four copies of the following
items to comply with the preliminary EIS requirements:
[Amended 4-20-1990 by Ord. No. 90-12; 9-7-2010 by Ord. No. 2010-16]
(1)
West Windsor Township Preliminary Environmental Worksheet
and Green Development Practices Checklist. The Environmental Worksheet,
provided by the Township, requires information on the existing condition
of the site (natural features, land use, water quality, etc.), anticipated
changes due to the proposed development and measures which will be
used to mitigate adverse environmental impacts. The Green Development
Practices Checklist requests a description or consideration of development
practices that will seek to balance environmental, economic and social
impacts or opportunities. It is intended that this analysis will facilitate
more sustainable development. The applicant shall use the most recent,
approved edition of the West Windsor Natural Resources Inventory or
a Township-approved equivalent as a data source.
(2)
Preliminary environmental analysis maps.
(a)
Maps shall be produced which show the location
of proposed lots and structures with respect to the natural features
of the site. The applicant's proposed development plan shall be superimposed
on the natural resource maps in outline form. The resulting maps shall
be at a scale of one inch equals 800 feet, or larger.
[Amended 2-22-2021 by Ord. No. 2021-06]
(b)
Preliminary environmental analysis maps shall
be produced using, but not limited to, the following seven natural
resource maps:
[1]
Land Suitability for Development.
[2]
Environmentally Sensitive Areas.
[3]
Vegetation and Wildlife Habitats.
[4]
Suitability for Septic Tank Effluent Disposal
(if on-site sewage treatment is proposed).
[5]
Depth to Seasonally High Water Table.
[6]
Aquifer Recharge Potential.
[7]
Flood Hazard Areas.
(3)
Stormwater management plan overview.
[Amended 2-22-2021 by Ord. No. 2021-06]
(a)
The applicant shall provide a brief overview
narrative describing stormwater management on the site. Topics discussed
shall include, but not be limited to: existing stormwater runoff volume
and rate and anticipated changes with proposed development at various
level storm events, including the water quality, two-, ten- and 100-year
storms; the existing direction of flow over the site and anticipated
changes; the proposed measures, including green infrastructure best
management practices and nonstructural stormwater management strategies,
to maintain groundwater recharge, reduce stormwater runoff quantity
and maintain water quality in nearby streams and ponds; and the maintenance
plans for proposed stormwater management facilities.
D.
Requirements of detailed EIS. The preliminary EIS shall be reviewed by the West Windsor Environmental Commission for completeness, and the potential environmental impact of the proposed project shall be assessed according to the standards as set forth in Subsection A herein. The Environmental Commission shall recommend action on the project to the Planning Board as to whether the project meets the standards of Subsection A herein. If the Environmental Commission determines that said standards are not met by the preliminary EIS as submitted, the developer shall have the option of submitting more detailed information or clarifying information with respect to those areas of the preliminary EIS which the Environmental Commission feels are deficient and warrant a detailed EIS.
The site plan shall provide for those elements
of street furniture appropriate to the particular use. These may include
phone booths, benches, bike racks, trash receptacles and bus shelters.
In all districts and for all uses requiring
site plan approval, the following provisions as may apply to specific
site plan applications as set forth below shall apply. For any technical
manual cited, the latest edition shall govern for technical review,
where applicable.
A.
Airborne emissions.
(1)
No use generating airborne emissions, activity, operation
or device shall be established, modified, constructed or used without
having first obtained valid permits and certificates from the Bureau
of Air Pollution Control, New Jersey Department of Environmental Protection,
pursuant to N.J.A.C. 7:27-8. Specifically, no use, activity, operation
or device shall be established, modified or constructed without a
valid Permit to Construct. No use, activity, operation or device shall
be operated, occupied or used without a valid Certificate to Operate
Control Apparatus or Equipment.
(2)
In addition to the requirements of the New Jersey
Department of Environmental Protection, the following shall also apply:
(a)
Steam emissions. No visible emissions of steam
having an equivalent capacity greater than 60% and except that direct
results of combustion shall be permitted within 500 feet of a residential
district.
(b)
Toxic matter. Emissions of chemicals, gases,
components or elements, listed as being toxic matter by the American
Conference of Governmental Hygienists, New Jersey Department of Labor
and Industry or the Unite States Environmental Protection Agency shall
not exceed the threshold level, as determined in accordance with ASTM
D-1391. The emission of concentrations, levels or mass loadings in
excess of the threshold value shall be permitted only if the emissions
of said toxic matter comply with the applicable regulations of the
New Jersey Department of Environmental Protection, New Jersey Department
of Labor and Industry and United States Environmental Protection Agency.
Proof of compliance shall require the submission of duplicate copies
of certifications or permits from the New Jersey Department
of Environmental Protection and New Jersey Department of Labor and
Industry approving the concentrations, level or loading proposed by
the applicant.
(c)
Odorous matter. No odor shall be emitted that
is detectable by the human sense at or beyond an adjacent lot line
so as to be detrimental or injurious to the life, health, safety,
comfort or welfare of adjacent occupants or residents. There is hereby
established as a guide in determining such quantities of offensive
odors Table III (Odor Thresholds) in Chapter 5, Air Pollution Abatement
Manual, Copyright 1951, by Manufacturing Chemists Association, Inc.,
Washington, D.C.
B.
Noise.
(1)
Standard. Noise shall be measured with a sound level
meter complying with the standards of The American National Standards
Institute, American Standards Specifications for General Purpose Sound
Level Meters (ANSI S.1.4-1961 or its latest revisions). The instrument
shall be set to the A-weighted response scale and the meter to the
slow response. Measurements shall be conducted in accordance with
American Standard Method for the Physical Measurements of Sound (ANSI
S.1.2-1961).
(2)
Noise level restrictions.
(a)
Noises shall not exceed the maximum sound levels
specified in the table, except as designated below:
|
Noise Level Restrictions
| |||
|---|---|---|---|
|
Performance Category
|
Maximum Level Permitted
(dBA)
|
Where Measured
| |
|
Residence districts
|
55
|
On or beyond the neighboring use or lot line
| |
|
All other districts
|
65
|
On or beyond the lot line or district boundaries
| |
(b)
In any residence district, the A-weighted sound
levels shall not exceed 50 dBA during the hours of 9:00 p.m. to 7:00
a.m. Whenever a residence district abuts any other district, the most
restricted of the limitations shall apply.
(3)
Exclusions and permitted variations.
(a)
The levels specified in the table may be exceeded
once by 10 dBA in a single period of 15 minutes during any one day.
(b)
Peak values of short duration, also known as
"impact noises," may exceed the value specified in the table by 20
dBA or have a maximum noise level of 80 dBA, whichever is more restrictive.
(c)
Noises such as alarms, sirens, emergency warning
devices, motor vehicles and other sources not under the direct control
of a use or agricultural equipment are excluded from the above limitations.
C.
Vibration.
(1)
Standard. Ground-transmitted vibrations shall be measured
with a seismograph or complement of instruments capable of recording
vibration displacement and frequency in the three mutually perpendicular
directions, simultaneously.
(2)
Vibration level restrictions. Vibration levels shall
not exceed a particle velocity of 0.05 inches per second in any district.
During the hours of 9:00 p.m. to 7:00 a.m. in residence districts,
vibration levels shall not exceed a particle velocity of 0.02 inches
per second. Measurements shall be made at the points of maximum vibration
intensity and on or beyond adjacent lot lines or neighboring uses,
whichever is more restrictive.
D.
Heat and glare.
(1)
Heat. Sources of heat, including but not limited to,
steam, gases, vapors, products of combustion or chemical reaction
shall not discharge onto or directly contact structures, plant life
or animal life on neighboring uses or impair the function or operation
of a neighboring use. No use, occupation, activity, operation or device
shall cause an increase in ambient temperature, as measured on the
boundary between neighboring uses.
(2)
Glare. No use, operation or activity shall produce
an illumination in excess of one footcandle in a residence district.
In all other districts, light intensities of all illumination sources
shall be kept as low as possible and shall not interfere, annoy, cause
deformity or cause loss in visual performance to persons and animals
of neighboring uses.
E.
Radioactivity. No use, activity, operation or device
concerned with the utilization or storage of radioactive materials
shall be established, modified, constructed or used without having
first obtained valid permits and certificates from the Office of Radiation
Protection, New Jersey Department of Environmental Protection.
F.
Storage and waste disposal.
(1)
In all districts, any operation, use or any activity involving the manufacture, utilization or storage of flammable, combustible and/or explosive materials shall be conducted in accordance with the regulations promulgated by the Department of Labor and Industry of New Jersey or Chapter 89, Fire Prevention, whichever is more restrictive.
(2)
All flammable, explosive and/or combustible material
shall be stored in accordance with the Fire Prevention Code of the
Township or New Jersey Department of Labor and Industry Codes, whichever
is more restrictive.
(3)
All outdoor storage facilities for fuel, raw materials and products stored outdoors shall be enclosed by an approved safety fence and suitable landscaping to screen such areas from public view and shall conform to all yard requirements imposed by Part 4, Zoning, of this chapter upon the principal buildings in the district.
(4)
No materials, wastes or other substance shall be stored
or maintained upon a lot in such a manner that natural runoff from
such areas on a site with an approved stormwater drainage plan can
impair the existing water quality of a stream, watercourse or aquifer
more than the primary use intended for the lot.
(5)
All materials and/or wastes which might cause fumes
or dust or which constitute a fire hazard or which may be edible or
otherwise attractive to rodents or insects shall be stored outdoors
only if enclosed in containers which are adequate to eliminate such
hazards.
