Township of Vernon, NJ Design and Development Principles and Standards

Every design of a subdivision, site plan or planned development shall be based upon data and analysis performed pursuant to Subsection A of this section. Improvements shall be located to the greatest practicable extent to preserve the natural features of the site or tract, to preserve and protect the areas of environmental sensitivity, and to minimize negative impacts upon and alterations of natural features. All development shall be based on consideration of the goals, objectives and policies of the 1995 Master Plan, as amended.

All streets, lots, parking areas, buildings and units shall be designed and arranged to reduce unnecessary impervious coverage, and to mitigate adverse effects of shadow, noise, odor, traffic, transportation, drainage and utilities on neighboring properties.

All storm drainage facilities shall be designed as an integral part of the development, and such design shall be arranged to use as much of natural drainage patterns as possible so long as doing so is a matter of best engineering and environmental practice.

Site and tract development shall be designed to reduce cut and fill, to avoid flooding, to avoid adverse impact upon groundwater supplies and aquifer recharges, to be suitably served by infrastructure elements, including, but not limited to, sewage disposal installations, and to be provided with adequate access.

Residential development. Residential development shall be designed in accordance with Article VIII and pursuant to Article XI. Cluster development involving either contiguous or noncontiguous parcels is specifically encouraged and shall be undertaken in the absence of compelling reasons to the contrary. Consideration shall be given to topography, privacy, building height, building orientation, drainage and aesthetics in the placement of all units. All residential units shall be provided with adequate private outdoor space, and all single-family residential properties shall be provided with useful yards, particularly but not limited to rear yards.

Commercial and industrial development design. Commercial and industrial projects shall be designed generally according to the same principles governing design of residential developments. Buildings shall be located to minimize disturbance, to avoid environmentally sensitive areas and to respect surrounding land uses.

Circulation systems. The circulation system shall be designed to permit the safe, efficient and orderly movement of traffic. Street and other circulation systems shall be designed to meet the present and future needs of the citizenry, and shall have a simple and logical pattern. Circulation systems shall be designed to respect natural features and topography and to present an attractive streetscape. Streets shall be designed in accordance with the hierarchical system. In appropriate instances, pedestrian walkways and bikeways may be located apart and away from the road system but shall generally be required to be roughly parallel to the street pattern for reasons of safety. However, in appropriate instances, and particularly to preserve topographical and natural features or to provide visual interest, pedestrian walkways and bikeways need not be parallel to the street, provided that the same will not be unsafe. Whenever walkways or bikeways are designed, the same shall be designed to follow or make use of scenic routes and vistas, and to afford access to points of interest.

Landscape design.

Landscaping shall be provided or preserved in all public or common areas, on recreation sites, adjacent to or surrounding buildings, and to provide suitable screening for parking areas and buffers as provided in this article. Parking areas shall be designed to include natural-appearing landscaped islands, preferably in a random and natural-appearing pattern, provided that safety is not compromised. Landscaping shall be designed to provide windbreaks for winter winds and summer cooling for buildings, streets and parking.

Plants and other landscaping materials shall be selected to best serve the intended function, and all such materials shall be appropriate for local soil conditions, water availability and the environment.

Landscaping shall be varied in amount and species or by material, yet shall be consistent with, or complementary of, the type of development and the indigenous species and materials of Vernon. Site entrances shall be accented with special landscaping treatment.

Wherever practicable, shade trees and other trees and vegetation shall be clustered at critical points rather than in a straight line at predetermined intervals along streets, unless there are compelling design and visual factors suggesting a contrary approach.

Consideration shall be given to the future growth of shrubs and other vegetation so that the same will not block sight distances nor, when planted at and along building foundations, block out building windows.

Building design. The architecture of buildings shall be consistent with the principles contained in § 330-69 and shall be consistent with the provisions of § 330-204.

§ 330-69 Architectural principles.

Creative architectural design is favored. However, to the greatest practicable extent, such creativity shall be effected to foster and complement a sense of order and organization in the built environment instead of disjointed and haphazard development. Every developer shall seek to design buildings in a manner which is consistent with or complementary of the prevailing and desirable patterns in a particular community or neighborhood of Vernon. For instance, lake-style architecture shall be expected in the PLC Private Lake Community Districts. Alpine or similar suitable architectural styles are encouraged in mountainous sites associated with ski areas and ski resorts. Traditional architecture is encouraged in locations involving or proximate to historic landmarks and/or older patterns and examples of architecture or the rural landscape, as where farmhouses of the Colonial, Victorian or other traditional style or period have emerged and have been established.

The following criteria shall be considered:

Promotion of harmony of design.

The design character of a desirable existing development shall be preserved, and desirable visual patterns of the Township shall be protected. All architecture shall be designed to promote harmony in the visual relationships and transitions between new and older buildings. New buildings shall be made sympathetic to the scale, form and proportion of older development. Consideration shall be given to repeating existing building lines and surface treatment, and requiring some uniformity of detail, scale, or proportion, textures, materials, color and building form; provided, however, that this provision shall not be construed to limit creativity, invention and innovation consistent with the spirit of these provisions.

The use of unusual shapes, color and other characteristics which cause new buildings to call excessive attention to themselves and create a stark or distinct disharmony shall be avoided, except to the extent that such structures are intended to invite distinct architectural appreciation and be of broad public significance, as where a public building is proposed to have special significance and to stand alone as a work of architecture.

[Amended 12-13-1999 by Ord. No. 99-27]

All new buildings shall strengthen the particular design features of their locale by, for example, framing scenic views, defining and inviting the use of open spaces, or continuing particular and desirable design features or statements.

Without limitation to specific height and bulk requirements contained in this chapter, the height and bulk of new buildings shall be related to the prevailing scale of development to avoid overwhelming or dominating the same.

The rhythm of structural mass to voids, such as windows and entries, of a front facade, shall relate to rhythms established in adjacent buildings, if the rhythms of such adjacent buildings are aesthetically pleasing.

If several storefronts are to be located in one building or are to be developed on lots where zero lot lines are permitted or required, such storefronts shall be unified in overall design treatment, particularly as to the design of windows and door openings, and the use of materials and colors. All storefronts shall include display windows with a sill height of not more than two feet from grade. Strip-mall development is prohibited. Commercial buildings containing separate stores or spaces shall be designed with architectural relief and interesting facade treatment to suggest the creation of separate spaces instead of repeated spaces of the same visual appearance.

All building additions shall be designed to reflect the existing building in terms of scale, materials, fenestration and color. A change in scale may require a transitional design element between the addition and the existing building. Facade renovations should include as few different materials as possible.

(h)

Adjacent buildings of different architectural styles shall be made compatible by use of unifying materials, repetition of certain plant varieties, screens, and sight breaks. Where different architectural styles are proposed among buildings, good cause shall be shown that doing so is designed to lend architectural interest and is preferable to construction of buildings sharing more elements in common.

Promotion, creativity and diversity of design.

The criteria contained in this section shall not be construed to restrict imagination, innovation or variety. These criteria shall be construed to promote creativity in an ordered context to give strong visual appeal to the built environment.

Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest.

Architectural evaluation of the appearance of the project by the Board shall be based on the quality of its design in relationship to surroundings.

Specific criteria regarding architectural design.

Where large structures are required, massing and blank walls shall be avoided as much as possible and, where necessary, relieved by variation and architectural relief and details. Excessively expansive blank walls are prohibited. No building shall measure longer than 80 feet on any plane. Building offsets shall be provided along each building wall to relieve the visual effect of a single long wall. Roof lines shall also be varied. An individual building shall use a combination of story heights to provide further visual relief. Building designs should incorporate details such as masonry chimneys, cupolas, dormers, and similar features of architectural appeal.

A human scale shall be achieved at ground level, at entryways, and along street frontages through the use of such elements as windows at appropriate sill heights, doors, columns and canopies.

Mechanical equipment or other utility hardware on roofs, the ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be so located so as not to be visible from any public ways.

Building components, such as windows, doors, eaves and parapets, shall be in proportion to one another.

Roof shape and material shall be architecturally compatible with the rest of the building and shall reflect surrounding patterns. Unless necessary pursuant to construction, architectural, engineering or safety standards, flat roofs shall be prohibited. Mansard roofs are discouraged except to soften or otherwise improve the appearance of a predominantly flat roof. Gable, hip, and gambrel roofs are favored.

Materials shall be selected for suitability to the type of buildings and the design in which they are to be used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways. Materials shall be of durable quality and shall complement the rural and natural qualities of Vernon Township.

Colors shall be selected to be harmonious. Only compatible accent colors shall be used. Building colors should reflect earth tones or historical colors. Accent or complementary colors, harmonizing with the main color, may be used for trim, awnings and other accents. Metal awnings are prohibited.

(h)

Facade renovations shall not destroy or cover original details on a building of historic or architectural interest.

(i)

In renovation projects, prevailing natural materials and themes shall be retained. Facades of natural materials such as stone, wood siding and brick shall not be covered with artificial siding or panels except for good cause shown. If an original material is or appears most appropriate on a facade, such material, if available, shall be used for renovations and additions. Roof cornices shall be retained, repaired, replaced or added where appropriate. When replacing windows on a facade, windows and window trim of the same size and character of the original shall be used.

(j)

Signs shall be designed in accordance with § 330-180 and shall complement the architectural style and scale of the building. To the greatest practicable extent, a sign shall be designed as an integral element of the building and site to which it principally relates. As an architectural element, a sign shall reflect the period or style of architecture of the building and shall be in harmony with the building's character and use. No sign shall interfere with architectural lines and details. Each sign shall be compatible with signs on adjoining premises and shall not compete for attention. The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's principal message and shall be composed in proportion to the area of the sign face.

(k)

Exterior lighting shall be designed to enhance the building design and the adjoining landscape. Lighting features and fixtures shall be of a design and size compatible with the building and adjacent areas.

(l)

The choice of materials, together with the types of finished and other protective elements and measures, shall be conducive to easy maintenance and upkeep. Materials and finishes shall be selected for their durability and wear as well as for their beauty. Proper measures and devices shall be incorporated for protection against the elements, neglect, damage, and abuse. Provisions for washing and cleaning of buildings and structures, and control of dirt and refuse, shall be included in the design. Configurations that tend to catch and accumulate debris, leaves, trash, dirt, and rubbish shall be avoided.

§ 330-70 Design standards of general application.

Site design shall insure the preservation of undeveloped open space to an extent consistent with the reasonable utilization of land. Site design shall specifically protect unique and/or environmentally sensitive areas, including wetlands, significant trees and woodlands, floodplains, steep slopes, habitats of endangered species and historically significant structures and sites, particularly when designated as landmarks.

Where conventional subdivision developments appear appropriate or necessary, the same shall nevertheless be subject to variable lot areas and dimensions, yards, and setbacks for the purpose of encouraging and promoting flexibility, economy and environmental soundness and layout and design; provided that the average lot areas and dimensions, yards, and setbacks within the development shall conform to the minimum requirements of Article XI, and provided that such standards shall be appropriate to the type of development permitted.

All residential development shall comply with the requirements of Article VIII. Without limitation thereto, all residential lots shall front on residential access or subcollector streets. The road system for residential subdivisions shall be designed to serve the needs of the neighborhood and to discourage use by through traffic.

Every lot and site shall have access to it that is sufficient to afford a reasonable means of ingress or egress for emergency vehicles as well as for all those likely to need or desire access to the property to the extent of its intended use.

To an extent consistent with the reasonable utilization of land, site design shall promote the conservation of energy and the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy resources.

§ 330-71 Design of open space and recreation areas.

Open space, whether contiguous or noncontiguous, shall be required in connection with all planned developments and residential cluster developments. Undeveloped or passive open space shall be designed to preserve important site amenities, natural features, historical landmarks, and environmentally sensitive areas. Developed or active open space areas shall be designed to provide active recreational facilities to serve the residents of the development. The establishment and maintenance of open space shall comply with §§ 330-201 and 330-202.

A percentage of the tract proposed for development shall be set aside for developed and undeveloped open space. Two and one-half acres per 1,000 persons of developed open space shall be created, plus 20% of the total development area for undeveloped/passive open space, adjusted, as appropriate, for conditions such as population density, existing municipal facilities, topography, socioeconomic characteristics of the prospective population, and other appropriate site-specific factors. When open space is set aside to protect environmentally sensitive features, the set aside shall correspond to the same notwithstanding the fact that such set aside may exceed that which is otherwise provided herein. The area of each parcel of open space designed for active recreational purposes shall be of such minimum dimensions as to be functionally usable. In no event shall contiguous area of any such parcel be less than five acres.

Open space parcels shall be convenient to the dwelling units they are intended to service, but shall also be sited with sensitivity to surrounding development. Environmentally sensitive areas need not (and perhaps should not, based upon individual circumstances) be convenient to high levels of pedestrian traffic.

The Planning Board may require the improvement of open space parcels, including the installation of recreational facilities, taking into consideration the character of the open space land, the estimated age and recreation needs of persons likely to reside in the development, proximity of municipal recreation facilities, and the cost of the recreation facilities.

Undeveloped open space, as a general principle, shall be left in its natural state. With the permission of the Planning Board, a developer may make certain improvements such as the cutting of trails for walking or jogging, or the provision of picnic areas and the like. The Planning Board may require a developer to make other improvements or take other measures, such as removal of dead or diseased trees and thinning of trees or other vegetation, to encourage more desirable growth, and, where appropriate, grading and seeding.

Open space shall be conserved, owned and maintained pursuant to §§ 330-201 and 330-202.

§ 330-72 Landscape design.

Landscaping shall be provided as an integral part of any site plan or subdivision design. Landscaping shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site, and creating a pleasing site character. Wherever possible and appropriate, existing natural features and vegetation shall be preserved in an effort to preserve the rural natural qualities of the Township's landscape. However, this provision shall not be construed to relieve the developer of responsibility in connection with the installation of necessary or suitable landscaping. Landscaping may include plant materials such as trees, shrubs, ground cover, perennials and annuals, and other materials such as rocks, water, sculpture, art, walls, fences and certain other man-made materials, provided that the same are of a distinct and high order of architectural quality.

Except in applications for minor approvals, a landscape plan prepared by a certified landscape architect in the State of New Jersey shall be submitted with each application. Each such plan shall identify existing and proposed trees, shrubs, ground cover, natural features such as rock outcroppings, and other landscaping elements. The plan shall show where all such plantings exist or are proposed, together with planting or construction details. When existing natural growth is proposed to remain, the plan shall include notes and details as appropriate thereto and explain the proposed methods to protect existing trees and growth during and after construction. At a minimum, all landscape plans shall include the following:

A layout of the entire site indicating the location and area of all open space, existing vegetation, structures, vehicular and pedestrian circulation systems and general physical features.

Planting plan indicating topography and existing physical features, as well as plants shown to scale at mature size, with appropriate symbols and/or abbreviation labels for each plant type.

Plant list, including symbol and/or abbreviation, botanical name, common name, quantity, size at time of planting, root condition and spacing.

Site details and written specifications required for the installation of the plantings, including trees, shrub planting pits, berms, seeding mixture or sod specifications, topsoil, mulch, fertilizer and proposed soil stabilization.

Site protection and general planting requirements.

Topsoil preservation. The topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting.

Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials, or other debris shall be removed from the site and disposed of in accordance with prevailing laws. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standard or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may, subject to approval of the Board or the Board's Engineer, be used as mulch in landscaped areas.

Protection of existing plantings. Every practicable effort shall be made to save fine and other indigenous specimens whenever possible. No material of temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated to be retained in the development plan. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. Such barriers shall be at least four feet in height and shall be constructed of a durable material, and shall remain until construction is completed. Snow fences and silt fences are examples of acceptable barriers.

Slope plantings. Landscaping of the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with ground cover appropriate for the purpose and soil conditions, water availability and prevailing environmental conditions.

Conformance with plan. In residential developments, besides screening and street trees as required, additional plantings or landscaping elements shall be required throughout the subdivision where necessary for climate control, privacy or for aesthetic reasons in accordance with the landscaping plan approved by the Planning Board. In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs, and trees as part of the landscaping plan approved by the Planning Board.

Plant specifications.

[Amended 12-13-1999 by Ord. No. 99-27]

All plant materials shall be equal to or better than the requirements of the "American Standard for Nursery Stock," latest edition, as published by the American Association of Nurserymen (hereafter referred to as "AAN Standards"). All plants shall be typical of their species and variety, shall have a normal habit of growth, and shall be first quality, sound, vigorous, well-branched and with healthy, well-furnished root systems. They shall be free of disease, insect pests and mechanical injuries.

All plants shall be nursery grown and shall have been grown under the same climatic conditions as the location of this project for at least two years before planting. Neither heeled-in plants nor plants from cold storage will be accepted.

All plant material shall be dug, balled and burlapped (B&B) container stock or bare root in accordance with AAN Standards.

Plant species. The plant species selected should be hardy for the climatic zone in which Vernon Township is located, and shall be appropriate in terms of function and size. Street trees, shrubs and other plant material shall be selected from those recommended.

[Amended 12-13-1999 by Ord. No. 99-27[1]]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Sight distance; obstructions. No plantings shall be planted, maintained or neglected so as to impair sight distance or cause an obstruction with respect to the use or maintenance of a street.

[Added 12-13-1999 by Ord. No. 99-27]

Plant sizes. All plant materials shall conform to the measurements specified below:

[Added 12-13-1999 by Ord. No. 99-27]

Caliper measurements shall be taken six inches above grade for trees under four-inch caliper and 12 inches above grade for trees four inches in caliper and over.

Minimum branching height for all shade trees shall be six feet.

Minimum size for deciduous trees shall be three-and-one-half-inch to four-inch caliper, 15 to 17 feet in height.

Minimum size for ornamental trees shall be two-inch to two-and-one-half-inch caliper, eight to 10 feet in height.

Minimum size for evergreen trees shall be six to seven feet in height.

Minimum size for shrubs shall be, in general, 18 to 24 inches in height or spread, except that a larger size may be required when deemed appropriate by the Board.

Plant names. Plant names used in the Plant Schedule shall be identified in accordance with Hortus Third, by L.H. Bailey, latest edition.

[Added 12-13-1999 by Ord. No. 99-27]

(11)

Installation. Plant material shall be installed, pruned, staked and mulched in accordance with accepted horticultural practices.

[Added 12-13-1999 by Ord. No. 99-27]

(12)

Maintenance.

[Added 12-13-1999 by Ord. No. 99-27]

All landscaping, buffering, and screening shall be maintained in healthy condition. Failure to maintain or to replace dead or diseased material shall constitute a zoning violation and shall be subject to the penalty provisions set forth in § 330-215 of this chapter.

The developer shall replace dead or dying plants noted during the first year during the next growing season. The developer/owner shall replace dead or dying plants noted after the first year during the next growing season.

Design objectives and standards.

General objectives. All areas of the site to be developed shall be landscaped with appropriate grasses, trees, shrubbery and other appropriate plant material, except that naturally appearing landscape elements shall remain and be preserved, and environmentally sensitive areas shall not be disturbed for the sake of landscaping in strict accordance with this article. Landscaping shall be designed and implemented in accordance with the highest standards and best practices of landscape architecture, and shall be both functional and aesthetically pleasing. Plantings shall generally be of a simple palette of hardy, deciduous and evergreen species appropriate to the particular site. Informal massings of plant materials are encouraged rather than single specimen plantings. Designs which reflect indigenous patterns and local examples of the natural environment are favored.

[Amended 12-13-1999 by Ord. No. 99-27[2]]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Shade trees. A minimum of one deciduous shade tree shall be provided for each 1,000 square feet of open space within the project site. Such trees shall have a minimum of 3 1/2 inches to four inches in caliper and 12 feet to 14 feet in installed height. The arrangement of trees shall be designed in conformance with the most imaginative prevailing principles of landscape architecture.

Function. In developing a landscape plan, every effort shall be made to include some usable open space for the benefit and enjoyment of occupants, employees or visitors, including appropriate seating and picnic areas. Suitable forms of recreational amenities are encouraged. Consideration shall be given to the size of the building, lot, number of employees and other related factors when designing a landscape plan to fulfill the requirements of this subsection.

Entry experience. Every landscaping design shall provide a pleasant entry experience for pedestrians, providing the appropriate scale of planting and paving materials as well as directional signs and markings to aid pedestrians in identifying the building's entrance.

Size. In order for landscaped open space to effectively fulfill its purpose and to facilitate maintenance, such space shall have a minimum dimension of 10 feet in any direction.

Existing vegetation. All site plans shall indicate existing vegetation with more than a six-inch caliper. Efforts shall be made to preserve existing trees by individual or grouped stand or as an effective buffer along edges of development. All buildings shall be sited to preserve the maximum number of trees on the site.

Ground cover. Vegetative ground cover is encouraged under most circumstances in order to retard weed growth, minimize soil temperature fluctuations, increase water penetration into the soil, prevent water evaporation in dry weather, and to provide contrast in color and texture as well as other aesthetic advantages. Decorative stones are specifically discouraged as a ground cover.

Screening. Screening shall generally be of densely planted evergreens for the purpose of concealing from view the area behind such evergreens. Fencing may be used as a screen when the same is architecturally, functionally and aesthetically an integral part of the design theme and elements of the principal building and other structures on the site. All loading areas, tanks, electrical and mechanical equipment and outdoor storage areas shall be screened. All evergreen trees planted for purposes of screening shall be planted in a compact pattern designed to provide an effective screen and shall have a height of at least six feet. However, spacing shall be sufficient to insure the health of individual trees. Landscaping in conjunction with earthen berms or decorative fencing is acceptable, provided neither a berm nor a fence is of disproportionate height or mass. Where buffering and screening are required pursuant to this subsection and Subsection F(3), both subsections shall apply to a practicable and effective extent.

Location. The location of all plantings and other landscape materials shall not interfere with other site improvements, including but not limited to underground utilities, light fixtures, utility poles, paved areas, and other structures, both on site and adjacent thereto. No planting or other landscape material shall be allowed to affect vehicular safety or control.

Height and size requirements. All shade trees shall not be less than 3 1/2 inches to four inches in caliper, 12 feet to 14 feet in height at the time of planting. All ornamental trees shall not be less than six feet in height at the time of planting. All evergreen trees shall not be less than six feet in height at the time of planting. All shrubs shall be not less than two feet in height at the time of planting.

Street trees.

Location. Street trees shall be installed on both sides of all streets in accordance with the approved landscape plan. Trees shall either be massed or clustered at critical points or spaced evenly along the street, or both, as and where appropriate.

Spacing. When trees are planted at predetermined intervals along streets, spacing shall depend on tree size. Generally trees expected to reach a height of 40 or more feet shall be planted at intervals of 50 to 75 feet. Trees of an expected height of 30 to 40 feet shall be planted at intervals of 40 to 50 feet. Small trees shall be planted at intervals of 30 to 40 feet. When spacing intervals exceed 40 feet, small ornamental trees should be spaced between the larger trees. If a street canopy effect is desired by the Planning Board, trees may be planted closer together, following the recommendations of the certified landscape architect. All trees shall be planted so as not to interfere with utilities, roadways, sidewalks, site easements, or streetlights. Tree location, landscaping design and spacing plan shall all be approved by the Planning Board as part of the landscape plan.

Tree type. Tree types may vary depending on overall effect desired if and as recommended by the certified landscape architect. In the absence of such recommendation, however, all street trees shall be the same kind on the street, except to achieve special effects acceptable to the Planning Board.

Planting specifications. All trees shall have a caliper of 3 1/2 to four inches and shall be nursery grown, of substantially uniform size and shape, and have straight trunks. Trees shall be properly planted and staked, and provision shall be made by the applicant for regular watering and maintenance until they are established. Dead or dying trees shall be replaced by the applicant during the next planting season.

Buffers.

Function and materials. Buffering shall provide a year-round visual transition or screen in order to minimize adverse impacts from the site on an adjacent property or from adjacent areas. Buffering shall generally consist of dense-growth evergreens. Under special circumstances, subject strictly to the requirements of the Planning Board, fencing, berms, rocks, mounds, or combinations thereof may be designed to achieve a buffering effect.

When required. Buffering shall be required when topographical or other barriers do not provide reasonable screening and when the Planning Board determines that there is a need to shield the site from adjacent properties and to minimize adverse impacts such as incompatible land uses, noise, glaring light, and traffic. In small-lot developments, when building design and siting do not provide privacy, the Planning Board may require landscaping, fences, or walls to insure privacy and screen dwelling units.

Dimensional requirements. Where more-intensive land uses abut less-intensive uses, a buffer strip of a width of not less than 10 feet shall be designed and maintained. The length of such strip shall be designed to fulfill the function identified in Subsection F(1) of this section. Parking areas, garbage collection and utility areas, and loading and unloading areas shall be buffered around their perimeter by a buffer strip having a minimum width of 10 feet. Where residential subdivisions abut higher-order streets such as collectors or arterials, lots should front on lower-order streets, and a landscaped buffer area shall be provided along the roadway. The buffer strip shall be a minimum of 35 feet wide but not to exceed 10% of any single lot area. For reasons of public health, safety or welfare, these requirements may be reasonably increased by the Planning Board. Trees and shrubs shall be required in such in instances. This subsection shall not apply in the TC Districts.

Design. Arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. The plantings may be arranged in parallel, serpentine, or staggered rows. If planting berms are used, the minimum top width shall be four feet, and the maximum side slope shall be 2:1. No berm shall be so high in height or mass as to be disproportionate to the characteristics of its setting.

Planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a screen at least eight feet in height shall be produced within three growing seasons. All plantings shall be installed according to accepted horticultural standards.

Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the developer during the next planting season. No buildings, structures, storage of materials or parking shall be permitted within the buffer area. Buffer areas shall be maintained and kept free of all debris, rubbish, weeds, and tall grass.

Basic standards. In the absence of more specific standards contained herein, the following buffer requirements shall apply unless it is shown or apparent to the Planning Board that an alternative arrangement is more suitable:

Along the side and rear lot lines of all commercial, industrial and other nonresidential uses: 10 feet.

Along the front lot line of all commercial, industrial and other nonresidential uses: 20 feet.

Along the rear lot lines of nonresidential uses that abut residential zones and uses: 50 feet.

Along the front lot lines of multifamily residential uses: 50 feet.

Buffers need not be added cumulatively to setback requirements; a buffer area shall instead be an overlay of a required setback.

Parking lot landscaping.

Amount required. In parking lots, at least 15% of the interior parking area shall be landscaped with plantings, and one tree for each 10 spaces shall be installed. Parking lot street frontage screening and perimeter screening shall be a minimum of 10 feet wide. Planting required within the parking lot shall be exclusive of other planting requirements. Planting islands and landscaping areas within a parking area shall, to the greatest practicable extent, be randomly located so as to lend visual interest and avoid a sense of parking area expanse. The Planning Board may require additional parking space or snow disposal areas or easements to insure that this section is adequately reconciled with effective parking requirements following significant snow events.

Isolated locations. Landscaping shall be located in protected or isolated areas, such as along walkways, in center islands, at the end of bays or between parking stalls. All landscaping in parking areas and on street frontage shall be placed so that it will not obstruct sight distance.

Plant type. A mixture of hardy flowering and/or decorative evergreen and deciduous trees shall be planted; the area between trees shall be planted with shrubs or ground cover or covered with mulch.

All open parking areas containing six or more parking spaces shall be effectively screened by densely planted compact evergreen hedge not less than six feet in height with respect to all sites where such parking adjoins any property situated in a residential district, and where otherwise needed to insure privacy for residential properties. Parking areas shall be arranged and designed so as to prevent damage to or intrusion into existing vegetated areas. Planting areas shall be incorporated between rows of stalls and trees; flowers and shrubbery shall be grown therein and properly maintained.

Off-street parking shall be generally screened from public view and from adjacent properties in all nonresidential zones. A combination of earth berms and evergreens and deciduous plantings is acceptable under appropriate circumstances. The use of planting islands within the parking lot to relieve visual monotony of a paving surface and to channel traffic flow shall be required, consistent with § 330-68F.

A minimum of one shade tree shall be provided per 10 parking stalls or one shade tree per 3,000 square feet of parking area, whichever is greater, and shall be distributed evenly throughout the parking area. Such trees shall have a minimum of 3 1/2 inches to four inches in caliper and an installed height of 12 feet to 14 feet. Wherever possible, at the intersection of four ninety-degree parking stalls or in other unused areas not affecting parking stall utility, maneuverability or adequate door-swing, a shade tree shall be installed and protected by curbing, planter structure or other suitable means to avoid possible damage by vehicles. Such protective device structure shall not interfere with vehicles entering or exiting a parking stall or aisle.

Paving materials, walls and fences as elements of landscaping.

Paving materials. Paving for pedestrian ways may be of man-made or natural material, such as stone or some combination thereof. Surface paving must produce a firm and level surface to facilitate passage and stabilize the surface. Surface paving must be naturally decorative and provide visual interest, and be of suitable material, texture and color. Asphalt paving of pedestrian ways is prohibited. Cobblestones, stone block and pavers made of slate, concrete or natural stone are preferred. Concrete walkways are acceptable. An appealing combination of materials is also acceptable. Clay brick should be avoided for its propensity to become slippery under freezing conditions.

Walls and fences.

Walls and fences may be utilized as elements of a landscaping plan in order to prevent trespassing, create privacy, provide screening or retain earth. Walls shall be designed to become an attractive special feature, and may be constructed out of materials such as brick, stone (rough cut, flagstone, or ledge), fieldstones laid in a drywall, or other material or pattern designed to reflect the rural nature of Vernon Township.

Fences shall be of wooden or simulated wood material, and be of picket, basket-weave, lattice, split-rail, panel, woven or similar design or construction. Wooden fences may be left to weather naturally, stained, and/or painted; provided, however, that painted fencing shall be repainted as necessary. Chain link fences are discouraged except in necessary and appropriate circumstances. If a chain link fence must be used, it shall be of dark green or black color, and its visibility obscured to a significant extent by plantings or vines. Plastic slats or other inserts in chain link fences are prohibited.

To the greatest practicable extent, walls and fences shall be designed to be consistent with the traditions of rural Vernon, as where stone walls separate farmlands and fields.

In all cases, walls and fences must complement the character of the site and the architectural design of the buildings. All fences and walls shall be suited to the nature of the project.

All fence and wall designs are subject to § 330-178.

Street furniture.

Street furniture such as, but not limited to, trash receptacles, benches, phone booths, fountains, planters, kiosks, lighting fixtures, and street hardware shall be located and sized in accordance with their functional need and aesthetic potential.

Street furniture elements shall be compatible in form, material and finish. Styles shall be coordinated with the existing or proposed site architecture.

Selection of street furniture shall take into consideration the durability, maintenance and long-term cost of the same. All street furniture shall be of safe design and construction.

Street furniture in the TC Town Center District shall conform with the requirements of § 330-184B and Appendix _____.

Disparate components of street furniture which create a sense of clutter and disharmony shall be prohibited. Street furniture components shall be coordinated with each other and their setting. All items shall be compatible in form, material, and finish. Strong, simple shapes, preferably of native materials and natural finishes, shall be used. Street furniture shall be designed to withstand the effects of the elements, including sun, wind, moisture, frost and ice.

§ 330-73 Street design.

The regulations contained herein shall have general application and are not to be construed to supplant or supersede the requirements of Article VIII or any requirements contained in this chapter of a more specific nature. Street design may also be subject to certain requirements contained in Appendix (Reserved) to the extent the same are not supplanted or superseded by provisions contained in Article VIII.

The arrangement of all new streets shall be such as to provide for appropriate extension of existing streets wherever possible.

No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the governing body under such terms and conditions as may be approved by the Planning Board.

Subdivisions that adjoin or include existing streets but do not conform to the width requirements of this chapter shall propose a dedication of such additional widths as are necessary as to either one or both sides of any such street. If the subdivision involves only one side of an existing street, then half of the required width shall be dedicated.

When connecting street lines deflect from each other at any point by more than 10º but not more than 45º, they shall be connected by a curb with a radius of not less than 100 feet.

Any horizontal curves or changes of direction other than in an intersection shall have a minimum radius of 100 feet.

If a dead-end proposed street is to be of a temporary nature, a turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way for annexation to the adjoining respective properties.

No street shall have a name which will duplicate or so nearly duplicate the name of an existing street as to be confused with the same. The extension of any existing street shall bear the same name as the existing street.

All subdivision streets and driveways, whether or not they connect with streets or roads accepted or maintained by the Township, shall be constructed in compliance with the provisions of this chapter, including appendixes hereto, particularly Appendix _____ ("Streets and Sidewalks") and Appendix _____ ("Driveways and Road Openings"), except to the extent that the same are in conflict with Article VIII, in which event the provisions of Article VIII shall apply to the extent of conflict.

Any major subdivision fronting on an arterial or collector roadway shall be designed so as to limit direct access to such roadway. Access to the lots contained in the proposed subdivision shall be accomplished by internal road network constructed to Township standards.

§ 330-74 Blocks and lots.

Unless otherwise provided under Article VIII:

Block length, width and acreage shall be sufficient to accommodate the size lot or lots required in the respective zoning district and to provide for convenient access, circulation, control and traffic safety.

Blocks over 1,000 feet long in residential districts are discouraged; if such length is necessary as a result of the particular characteristics of the tract, pedestrian crosswalks and/or bikeways between lots may be required by the Planning Board in locations deemed necessary, and shall be at least eight feet wide and be relatively straight from street to street. In nonresidential districts and with respect to nonresidential uses, block lengths shall be sufficient to meet yard area and yard requirements for such uses and to provide proper street access and circulation patterns.

Lot requirements shall be generally as follows:

Lot dimensions and area shall not be less than the requirements provided in under Schedule B[1] and/or the requirements for respective conditional uses pursuant to the respective uses regulated in § 330-189.

Editor's Note: Schedule B, Bulk and Yard Requirements, is included at the end of this chapter.

Insofar as is practicable, side lot lines shall be either at right angles or radial to street lines, except where a different design would appear more suitable from a planning and/or design perspective.

Each lot must abut and front upon an approved street which is sufficiently improved and maintained to allow for access by emergency vehicles. In the case where a lot fronts on a street with less than a fifty-foot right-of-way, sufficient additional right-of-way shall be dedicated to provide for same, measuring 25 feet from the center line of such street unless the Planning Board shall determine that such width is unnecessary or inappropriate.

Through lots are discouraged as a matter of planning, except that the same may be permitted to have frontage on two streets as follows:

Where the length of the lot between those streets is such that the future division of the lot into two lots is improbable; and

Access shall be to the street with the lower traffic function; and the portion of the lot abutting the other street shall be clearly labeled on the plat and in any deed that street access to such secondary street is prohibited.

Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra-width line, and all setbacks shall be measured from such line.

Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formation, flood conditions or similar circumstance, the Board may, after adequate investigation, withhold approval of such lots in the absence of good cause shown to the contrary. This provision shall not be construed to curtail the Board's discretion and power with respect to the requirements and criteria of § 330-83.

No permit for the erection of any building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure. Such street shall be an existing state, county or municipal street or highway; a street shown upon a plat approved by the Planning Board; or a street on a plat duly filed in the office of the County Recording Officer prior to the passage of this chapter or its predecessor ordinances or any prior law which required prior approval of plats by a governing body or an agency of the Township. Before any such permit shall be issued, such street shall have been certified to be suitably improved to the satisfaction of the governing body, or such suitable improvement shall have been assured by means of a performance guaranty, in accordance with standards and specifications for road improvements pursuant to this chapter. Where the enforcement of this subsection would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to be related to a street, the Board may, upon application or appeal, vary the application of this subsection and direct the issuance of a permit subject to conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the general circulation plan element of the Master Plan.

§ 330-75 Basic on-site pavement and curbing requirements.

Residential. Single-family detached residential lots shall have driveways paved for at least the first 25 feet from the edge of street pavement at driveway opening, or the edge of the existing traveled way, whichever is greater. Pavement material shall be bituminous concrete or pavement pavers of concrete block or natural stone.

Nonresidential. Parking and loading spaces and required access driveways and aisles for all nonresidential uses and sites shall be surfaced with a dustless, durable, all-weather pavement adequately graded and drained, subject to the approval of the Planning Board. Unless otherwise approved by the Planning Board, paving material shall be bituminous concrete or pavement pavers of concrete block or natural stone. Drainage facilities shall be designed in accordance with prevailing engineering practice as approved by the Board Engineer. All parking lots with more than 10 spaces shall have granite block curbing around the perimeter and surrounding all planting areas within the interior of the lot unless otherwise acceptable to and approved by the Planning Board.

§ 330-76 Design of parking areas.

Parking area design shall be pursuant to an analysis of traffic patterns as applied to anticipated ingress and egress, as well as analysis of the internal system of vehicular and pedestrian movement, so as to avoid congestion, provide for the safety of pedestrians going to and from buildings, and separate truck traffic from pedestrian traffic and passenger vehicle traffic. Truck loading and unloading areas shall be provided to allow the transfer of goods and products without interference with pedestrian or vehicular traffic or vehicle parking.

Each off-street parking space shall be designed to measure not less than 10 feet wide and not less than 18 feet deep. Spaces for handicap parking shall be a minimum of 12 feet wide and shall be located in the closest possible proximity to the building being served. Handicap parking shall be otherwise provided in accordance with the requirements of the Americans with Disabilities Act.

Access aisles and drives for off-street parking areas shall be a minimum of 24 feet in width.

Off-street loading spaces shall be a minimum of 12 feet in width and 40 feet in length, with a minimum of 15 feet of vertical clearance.

Individual parking or loading spaces shall be served by interior driveways and shall be designed for vehicle access without requiring the moving of any other vehicle. Spaces shall not have direct access from public streets or major interior drives and roads.

§ 330-77 Minimum parking requirements.

The number of parking spaces required for each use shall be as provided in Appendix _____. References to "square feet" as a measure of required parking shall be construed to refer to gross floor area of proposed buildings. Where a particular project contains more than one use, the minimum parking requirements shall be the sum of the component parts of use.

§ 330-78 Stormwater and sanitary sewage disposal designs.

Unless otherwise provided pursuant to Subsection B of this section, stormwater and sanitary sewage disposal systems associated with commercial, industrial or other nonresidential development shall be designed in accordance with the standards contained in Article VIII notwithstanding the title of that article. Any conflict between the provisions of this section and those of Article VIII shall be resolved by supersession of Article VIII.

(Reserved)

All developments shall be provided with necessary and appropriate systems to adequately provide for the control of stormwater runoff, the collection and treatment of sanitary sewage and the storage and distribution of potable water supplies. Where available, all such services shall be connected to an improved public utility system.

Drainage.

Stormwater drainage systems shall be adequate to carry off stormwater and natural drainage water which originates not only within the lot, site or tract boundaries, but beyond the lot, site or tract boundaries in their current state of development. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for such conditions. No drainage shall be allowed to flow over sidewalks, and/or through curb drains for the purpose of disposing of sump pump and/or roof leader runoff; such facilities must find an outlet into a watercourse or drainage system of sufficient capacity.

Storm sewers, open channels, bridges and culverts shall be designed for minimum flow capacities as follow:

Systems	Design Capacity (years)
Collection	25
Culverts under 1/2 square mile drainage area	100
Detention systems over 1/2 square mile drainage area	100

All materials used in the construction of storm sewers, bridges, and other drainage structures shall be in accordance with specifications of the "Standard Specifications for Road and Bridge Construction of the New Jersey Highway Department," current edition, and any supplements, addenda and modifications thereto unless otherwise specified in this chapter pursuant to Article VIII or as may otherwise be provided by superseding governmental standard, either local or state.

All lots, sites and tracts shall be graded to secure proper drainage away from buildings. All drainage systems shall insure the prevention of stormwater collection in pools or other authorized concentrations in flow, and, to the extent practicable, water shall not flow across adjacent property lines.

Whenever approval by a governmental agency other than the Planning Board is required in connection with a drainage system such as but not limited to the County of Sussex, State of New Jersey Department of Environmental Protection, the approval of such agency or agencies shall be obtained and all terms and conditions thereof performed. The Planning Board may require such approval and/or performance as a condition precedent to development.

Wherever required, appropriate or indicated with respect to a plan for development, a drainage easement shall be provided to the Township or other public or private property owner, as and where appropriate, where a tract, lot or site is traversed or to be traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream. Such easement shall conform substantially with the lines of such watercourse and, in any event, shall meet any minimum widths and locations as may be provided in the Master Plan and/or this chapter. Such easement shall be expressed on an approved plat or plan as follows: "Drainage easement granted for the purposes provided and expressed in the Comprehensive Land Development Subcode of the Township of Vernon."

Sewage disposal.

If a sewage treatment and distribution is accessible, the developer shall construct facilities in such a manner as to provide adequate sewerage within the development to transport all sewage from each lot, site and tract to said collection and treatment system.

Any sanitary sewer collection system shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements subject to the review and approval by the Planning Board Attorney and Engineer and, thereafter, Municipal Attorney and Engineer if such alignment involves municipal lands or interests.

Any treatment plant and collection system, including individual subsurface sewage disposal systems, shall be design in accordance with the requirements of NJDEP and/or the Vernon Township Department of Health and Human Services.

§ 330-79 Potable water supply and fire protection designs.

All proposed on-site wells shall be subject to testing, inspection and approval of the Vernon Township Department of Health and Human Services.

Where a proposed lot, site, building or use is to be served by a public water supply system or can be reasonably served by an existing system, said supply shall have been installed in and tested and all required fire hydrants or fire connections shall have been installed and tested and approved by the Fire Official in accordance with prevailing standards, including but not limited to fire insurance rating organization standards. When in the opinion of the Planning Board a public water supply system is accessible for a proposed development, each lot or site shall be provided with water supply by such system. All facilities for such system shall be installed pursuant to and in accordance with Article VIII and any other ordinances or regulations of the Township of Vernon or State of New Jersey.

In the event that a public water supply system does not appear available to supply the proposed subdivision or other development presently but nevertheless appears likely to become available, a developer may be required to construct a private water supply system within the development in such a manner that an adequate supply of potable water will become available to each lot within the subdivision and so that such system can be incorporated within the extended public system when and if the same shall become available.

Where streams or ponds exist, or are proposed on lands to be developed, facilities shall be provided to draft water for fire-fighting purposes. This requirement shall include access to a public street suitable for use by fire-fighting equipment and construction of or improvements to ponds, dams, or similar on-site or off-site development where feasible. As possible and appropriate, fire hydrants shall be installed where essential water supply systems exists. Hydrants shall be of the type approved by the Township of Vernon in accordance with the standards of Fire Insurance Rating Organization of New Jersey and shall be placed and installed in accordance with the standards of the Township and the reasonable requirements of the Fire Subcode Official. Such installation shall be subject to the inspection and approval of the Planning Board Engineer and, where appropriate, the Township Engineer.

§ 330-80 Lighting.

[Amended 12-13-1999 by Ord. No. 99-27]

A lighting plan prepared by a qualified individual shall be provided with major subdivision and site plan applications. The lighting plan shall show limits of the isolux/isocandela trace where the minimum footcandles occur and shall be in compliance with minimum illumination levels in Subsection C(5). Dimensioned manufacturer's light details and specifications, including footcandle distributions, shall be provided.

Streetlighting of a type supplied by a local utility and of a type and number approved by the Planning Board or Township Engineer shall be provided where deemed necessary for safety purposes. Wherever electric utility installations are required to be underground, the applicant shall provide for underground service for streetlighting.

Design.

The fixture spacing, illumination type, mounting height, wattage, and photometric pattern shall be shown and calculated for each type of fixture used. The lighting for off-street parking shall be designed to direct light downward towards the parking areas. Shield or cutoffs when necessary shall be installed to prevent spillover of light onto residential areas and public streets.

Any outdoor lighting such as building or sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan, in the form of manufacturer's details and specifications to allow a determination of effects upon adjacent properties, traffic safety and sky-glow.

Illumination shall be designed to minimize undesirable off-site effects. Lighting shall be designed to respect and protect the use and enjoyment of neighboring properties and in such a manner as to avoid distraction of motorists. The intensity of all light sources proposed in connection with the development, together with all proposed light shielding and similar features, shall be subject to Planning Board approval.

Light intensity shall not exceed 0.3 footcandle along any property line and shall be arranged and shielded to reflect the light away from adjoining streets or properties. This regulation shall not apply to lights that are used solely for the illumination of entrances or exits or driveways leading to a parking lot.

Lighting shall be provided by fixtures with a mounting height not more than 25 feet or the height of a building, whichever is less, unless said standard is located within 250 feet of a residential zone, in which case the mounting height shall not exceed 15 feet. Mounting height shall be measured from the ground level to the center line of the light source. Light source other than pedestrian walkway lighting shall be spaced at a distance not to exceed five times the mounting height.

Minimum levels of illumination (lux/footcandles).

Zone	Pedestrian Walkway	Parking Areas	Streets
R-1	4/0.4	5/0.5	4/0.4
R-2	4/0.4	5/0.5	4/0.4
R-3	4/0.4	5/0.5	4/0.4
R-4	4/0.4	5/0.5	4/0.4
PLC	4/0.4	5/0.5	4/0.4
C-1	10/0.9	16/1.5	13/1.2
C-2	10/0.9	16/1.5	13/1.2
C-3	6/0.6	16/1.5	6/0.6
CR	6/0.6	16/1.5	6/0.6
SR	4/0.4	5/0.5	4/0.4
LI	4/0.4	11/1.0	6/0.6
AET	6/0.6	16/1.5	6/0.6
CON	6/0.6	16/1.5	6/0.6
TC	10/0.9	20/2.0	13/1.2

The uses in the following table shall be illuminated at the levels of the stated zone regardless of the zone the use is located in.

Use	Per Zone
Agriculture/farm	R-1
Arts center	CR
Banks, savings and financial offices	C-1
Bath house/rest rooms	CR
Beaches	CR
Bed-and-breakfast	R-1
Boarding stable	CR
Child care center	C-1
Club	CR
Clubhouse	CR
Country club	CR
Dock	CR
Farm stand/produce	CR
Golf course	CR
Health club	CR
Health services	C-2
Inn	CR
Institutional use	C-1
Multifamily age-restricted housing	CR
Nature preserve	R-1
Nursery	C-3
Office	C-3
Place of worship	C-3
Planned adult community	CR
Professional office	C-3
Resort-oriented housing	CR
Restaurant	C-1
Retail sales	C-1
Retail sales, outdoor	C-1
Riding academy/stables	CR
Specialty food store	C-1
Specialty shopping center	C-2
Studio	C-1
Theater	CR
Theme park	C-1
Veterinary hospital	C-3

Covered Parking Facilities	Day	Night
General parking and pedestrian access	54/5	54/5
Ramps and corners	110/10	54/5
Entrance areas	540/50	54/5

Lux/footcandles. The levels shown are measured in lux/footcandles. The minimum standards are based on the level of light that will be available for new lamps and clean luminaries. When by test or other means it has been determined that less than 80% of the light specified in the minimum standards is attained, or a significant number of burnouts are evident, the owner shall be notified and he will have 30 days in which to correct the lighting level to the minimum standards.

Freestanding lights at the perimeter of parking lots shall be aligned with parking stall striping and located a minimum of 2 1/2 feet from the edge of curb. Exposed concrete pedestrian or bollard light foundations shall not exceed two inches above grade or four incites above grade when located within a lawn area.

The style of any light or light standard within nonresidential and multifamily developments shall be consistent with the architectural style for the principal building and, where appropriate, the architectural character of the surrounding area.

No outdoor floodlight or spotlight and no light beam or emission from any light, whether indoors or outdoors, shall be directed toward any point off the premises.

The following types of outdoor lighting are prohibited: any search light, flashing light, blinking light, moving light, rotating light, oscillating light, shuttered light or similar device, strobe light, fluttering light or any other light of which the intensity and color is not maintained constant, as perceived by the human eye, when in use.

(11)

The Planning Board shall have the power to reduce or eliminate streetlighting where prevailing conditions, including but not limited to visual resource lands, lands in the AET Districts, open and rural locations, and the like, warrant the same. In residential subdivisions, streetlighting shall be limited to ornamental lamppost lighting unless utility standards are necessary or appropriate under Subsection A.

§ 330-81 Sight distance design; sight triangles.

Sight triangles shall be required at each quadrant of an intersection of streets. The area within such sight triangles shall either be dedicated as part of the street right-of-way or maintained as part of the obligation of the ownership of the lot adjoining such street or streets, and which shall be set aside on a respective plat or plan as a sight triangle easement.

Within a sight triangle, no grading, planting or structure shall be erected and maintained more than 30 inches above center line grade of either intersecting street or driveway or lower than eight feet above their center lines, including utility poles, but excluding street name signs and official traffic regulation signs. Where any street or driveway intersection involves earthen berms or vegetation, including trees, the developer shall trim such vegetation and trees as well as establish proper excavation and grading to provide the sight triangle.

The sight triangle shall be that area bounded by the intersecting street lines and a straight line which connects sight points located on each of the two intersecting street lines the following distances away from the intersecting street lines:

Arterial streets at 130 feet.

Collector streets at 60 feet.

Primary and secondary local streets at 35 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 35 feet with respect to the intersecting street. Classification of existing and proposed streets shall be by those shown on the Master Plan, this chapter, or as designated by the Planning Board at the time of the application for approval of a new street not included therein.

A sight triangle easement dedication shall be expressed on the plat or plan as follows: "Sight triangle easement subject to grading, plant and construction restrictions as provided pursuant to the Vernon Township Comprehensive Land Development Subcode." Portions of a lot set aside for a sight triangle may be calculated and determining the lot area and may be included in establishing the minimum setbacks required by Article XI, Schedule B.[1]

Editor's Note: Schedule B, Bulk and Yard Requirements, is included at the end of this chapter.

§ 330-82 Soil erosion and sediment control; cuts and fills; site disturbance.

No building permit shall be issued in connection with any application requiring either site plan or major subdivision approval until a soil erosion and sediment control plan has been reviewed and approved by the Sussex County Soil Conservation District. A copy of the approved plan shall be forwarded to the Planning Board Secretary for verification. Planning Board approval shall be conditioned upon the timely receipt of such verification.

Design standards for soil erosion and sediment control shall be those as are currently promulgated by the Sussex County Soil Conservation District.

Where reasonable and appropriate, the Planning Board may require the submission and approval of a soil erosion and sediment control plan in connection with a minor site plan or minor subdivision approval when it is apparent that disturbance may or will be similar to or the same as that which would make approval of such a plan appropriate. Even under circumstances where Sussex County Soil Conservation District approval is unnecessary, standards and guidelines of the district shall be followed whenever significant site disturbance is to be undertaken.

Cuts and fills; retaining walls. (Reserved)

§ 330-83 Environmentally sensitive areas; minimum improvable area.

[Amended 10-2-2006 by Ord. No. 06-11]

Rationale and purpose.

Certain lands are not suitable for development. All such lands shall be and are hereby known as "environmentally sensitive areas" ("ESAs") and shall not be disturbed for any development except as and only to the extent permitted by the Planning or Zoning Board. The ESA's are identified in the list below. It is the expectation of the Township that the protections of this section, together with minimum lot sizes as provided pursuant to Article XI and Schedule B thereto,[1] will prevent the disturbance and development of ESA's to the benefit of the Township's citizenry and natural environment.

ENVIRONMENTALLY SENSITIVE AREAS

• Wetlands, lakes, ponds and their buffers, as determined by NJDEP.

• Floodplains, stream encroachment boundaries, and their buffers as established by NJDEP.

• Streams, brooks, rivers and their associated stream buffer conservation zone as established by either Vernon Township or NJDEP, whichever is greater.

• Areas with a seasonal high water table less than 2 feet from the surface, as established by the Sussex County Soil Survey. Site specific soil testing in the field will be considered in lieu of the soil survey if witnessed by and acceptable to the Township Engineer and/or Health Officer.

• Areas with ledgerock less than 4 feet from the surface, as established by the Sussex County Soil Survey.

Site specific soil testing in the field will be considered in lieu of the soil survey if witnessed by and acceptable to the Township Engineer and/or Health Officer.

• Slopes that exceed 18%.

Construction within slopes > 18% is strongly discouraged, and shall be avoided to the greatest extent possible, but may be approved by the Planning or Zoning Board with due cause shown, as follows:

o Slopes between 18% and 21% may be applied at the rate of one-half (0.50) for the purpose of calculating the minimum improvable area (MIA) below. In addition, slopes between 21% and 24% may be applied at the rate of one-third (.33).

For example, a 20,000 s.f. site contains a variety of slopes, and the minimum improvable area requirement is 9,000 s.f.

The site is evaluated with a slope analysis, as follows:

0% to 18%:	5,000 s.f. x 1.0	= 5,000 s.f. towards MIA
18% to 21%:	3,000 s.f. x 0.50	= 1,500 s.f. towards MIA
21% to 24%:	12,000 s.f. x 0.33	= 4,000 s.f. towards MIA
Total MIA:		= 10,500 s.f., which complies

Additional site protection measures shall be incorporated into the design, including but not limited to the use of block or rubble retaining walls, supplemental soil erosion and sediment control techniques, and phased construction to limit the amount of disturbed area at any one time. The additional site protection measures must be presented with and documented on the site or subdivision plans, and are subject to the review and approval of the Planning or Zoning Board and their professionals.

Editor's Note: Schedule B, Bulk and Yard Requirements, is included at the end of this chapter.

It is also the purpose of this section to insure that no lot be created for residential purposes and no site be developed for nonresidential purposes pursuant or subject to this chapter which does not provide reasonably ample contiguous land to form an envelope in which to locate a principal building, a private well and subsurface sewage disposal systems, driveways, parking areas, yards sufficient in size for normal use and enjoyment, and which is otherwise suitable and reasonably improvable for its intended purposes.

In the case of residential properties, no new lot shall be created until the ESA's have been identified and evaluated by the Board and their Professionals, and the applicant has demonstrated that the minimum improvable area can be met as required below.

In the case of nonresidential properties, the applicant shall identify the ESA's on the plans, and avoid any disturbance to said areas to the greatest extent possible when designing the site plans.

If the applicant cannot comply with the Minimum Improvable Area requirements for residential properties, or proposes to disturb ESA's on nonresidential properties, the applicant shall apply for a waiver from either the Planning or Zoning Board, depending on which Board is hearing the application. The Board and their Professionals shall review the proposed impact to ESA's and may require the design be modified so as to reduce or eliminate the impact to ESA's, at the Board's discretion.

Prohibition against disturbance and development. No ESA as described in Subsection A of this section shall be disturbed, improved or developed in any manner for any use without the express approval of the Planning or Zoning Board for good cause shown or without the approval of New Jersey Department of Environmental Protection or other governmental agency in connection with such agency's jurisdiction and powers concerning one or more of the subjects of this section.

In designing a lot or lots, or a site for development, any lot or site proposed for development which would fail to satisfy the requirements of this section shall not be approved, disturbed, improved or developed unless authorized by the Planning or Zoning Board. Where a waiver is not granted by the Planning or Zoning Board, such lot or lands expected to be developed shall instead be annexed to and become contiguous with such adjacent lands to such an extent as shall appear necessary and appropriate to establish a lot which satisfies this section and chapter. Alternatively, the developer may and is encouraged to conserve such lot or lands in accordance with Subsection E of this section or as otherwise determined by the Planning or Zoning Board.[2]

Editor's Note: Original Sec. 717e, Water body conservation buffer, which previously followed this section, was repealed 3-1-2004 by Ord. No. 04-04.

Conservation of fault areas or areas underlain by certain carbonate bedrock formations. Lands known and expected to be subject to faults, subsidence, sinkholes, or underlain by carbonate bedrock formations, the conditions of which cannot be reasonably remediated, shall not be disturbed or developed unless authorized by the Planning or Zoning Board. The Planning or Zoning Board may grant approval for disturbance or development in such areas after hearing expert testimony from a Professional Geologist and after presentation and acceptance of a remediation plan by the Board's professionals.

Conservation easements. The Planning or Zoning Board may require that a conservation easement or other protective or restrictive covenant be conveyed to enforce this section, as contemplated in § 330-200 or as otherwise appearing appropriate.

Minimum improvable area.

Every residential lot to be created, in addition to the other regulations contained in this section, be subject to the requirement that such lot can and will produce a minimum improvable area in accordance with Table 7.2. For purposes of construing this subsection, "minimum improvable area" shall mean that contiguous area produced by and which satisfies all principal setback and bulk requirements of this chapter, and which is not constrained or intruded upon by one or more environmentally sensitive features or components of an ESA as provided in this section, together with such other contiguous land areas as are necessary for useful yards, accessory uses, structures and appurtenances as are normally incident to the principal use and structure, subject to the pertinent limitations of this chapter, including but not limited to maximum building and lot coverage. Wherever a building or improvement envelope shall be created by application of the requirements contained in Schedule B to Article XI,[3] a minimum improvable area within the same, together with any other areas needed as aforesaid, shall be established as an environmentally suitable and sufficient area to insure the utility of the lot or site for its intended purpose.

Only the area within the principal building setback lines shall be considered in the ESA calculation. In addition, easements, rights of ways, and deed restricted areas shall not be considered as improvable area.

Table 7.2
Zone	Minimum Improvable Area
R-1	10,000
R-2	9,000
R-3	7,000
R-4	6,000
PLC	6,000
CR	6,000

Editor's Note: Schedule B, Bulk and Yard Requirements, is included at the end of this chapter.

Improvable area thus produced shall be a contiguous area where the principal and accessory buildings, structures, appurtenances, and yards for active open space use can be suitably located and developed.

Orientation and arrangement of buildings and site improvements. Insofar as is reasonably possible given anticipated construction or permanent access for ingress/egress or utility service, improvements and site disturbance shall be limited to the improvable area. All buildings and improvements proposed for development on a lot or site subject to this section shall be oriented and arranged to satisfy this section.

Preliminary grading and land disturbance activities. Applicants desiring to initiate preliminary grading, earth-moving, cutting, filling, tree-clearing, or any other land disturbance activity are hereby required to obtain approval for such activities by the Planning or Zoning Board. Applicants shall submit a concept plan to the appropriate Board for review. The concept plan shall provide existing and proposed contours, and a delineation of all ESA's on the property, along with a proposed limit of disturbance. The plan shall detail what ESA's, if any, will be disturbed by the proposed activities. The disturbance of any ESA's is prohibited unless authorization is granted by the Planning or Zoning Board. In addition to Board approval, the applicant is required to obtain a soil erosion and sediment control plan certification from either Vernon Township or the Sussex County Soil Conservation District, whichever has jurisdiction.

The only exception to the above shall be existing single-family residential lots, for which a soil erosion and sediment control plan certification has been obtained from either Vernon Township or the Sussex County Soil Conservation District, whichever has jurisdiction. Planning or Zoning Board approval would not be required in such instances.

Tree Clearing. Tree clearing shall only occur where necessary and as approved on the site plan or subdivision drawings.

The limit of disturbance shall be clearly delineated on the plans, and kept to a minimum. Clear cutting of trees is prohibited, unless approved by the reviewing Board for due cause shown. The applicant shall show existing wooded areas on the site plan or subdivision drawings, and minimize the amount of tree removal by using such techniques as retaining walls to reduce disturbance and tree wells to preserve existing trees within disturbed areas. In the case of subdivisions, existing trees shall be preserved along the side lines between houses at a minimum.

Phasing of construction for larger scale projects shall be required by the reviewing Board and the Township Engineer. In the case of subdivisions, Phase I shall be the roads, utilities and detention basins, and the second phase shall be the home sites. Phase II cannot be cleared until Phase I is graded and stabilized with grass and other plantings to the satisfaction of the Township Engineer and Soil Conservation District.

The limit of disturbance (LOD) shall be staked by a licensed surveyor prior to any land disturbance, and marked with orange snow fencing. The Township Engineer shall inspect the LOD stakeout, and shall have full authority to adjust the LOD in order to save trees where practical based upon his or her judgment.

§ 330-84 Design for sites underlain by carbonate bedrock; Carbonate Area Overlay Districts.

Purpose and scope.

Areas within the Township are underlain by carbonate bedrock such as limestone and dolomite. The solution of this bedrock causes surface depressions, open drainage passages, and the development of irregular, subsurface rock topography known as "karst." These conditions make such areas unstable and susceptible to subsidence and surface collapse. As a result, the alteration of drainage patterns in these areas by the placement of impervious coverage, grade changes, or increased loads from site improvements can lead to land subsidence and sinkholes. Fractures or solution openings and fissures in limestone formations may lead to public or private water supplies, making those sources especially susceptible to groundwater contamination. Contamination of water sources can occur from solid and liquid wastes, contaminated surface water, septic system effluent, or other hazardous substances moving through fractures or solution openings and fissures within the rock.

CARBONATE AREA OVERLAY DISTRICT (CAOD)

Carbonate aquifers are an important source of groundwater in the Township. Vernon relies on a clean supply of subsurface water to protect and promote the public health, welfare and economic and social development. Therefore, the purposes of enacting this section are to protect and preserve sensitive and valuable potable groundwater resources and to reduce the frequency of structural damage to public and private improvements by sinkhole collapse or subsidence in areas of limestone geology, thus protecting the public health, safety and welfare and insuring orderly development within the Township.

Definitions: For the purposes of this section, the following definitions shall apply. In the absence of a definition herein, a term shall be defined as provided in Article II.

BEDDING

The arrangement of a sedimentary rock in layers of varying thickness and character.

BEDROCK

Rock that underlies soil or other unconsolidated material.

The overlay zoning district comprising of carbonate rock areas and the carbonate drainage areas.

CARBONATE DRAINAGE AREA

A watershed area which directly drains into a Carbonate Rock Overlay District.

CARBONATE ROCK

Rock consisting chiefly of calcium and magnesium carbonates.

CAVE

A natural opening of a size permitting human exploration and extending into a region of little or no natural light.

CLOSED DEPRESSION

A shallow, dish-shaped hollow on the land surface which, in areas of limestone geology, may be indicative of old sinkholes or incipient collapse.

COLLAPSE SINKHOLE

A sinkhole caused by the collapse of the roof of a bedrock cavern.

DISAPPEARING STREAM

A stream that enters the subsurface through a sinkhole or other entrance.

DISSOLUTION

A space or cavity in or between rocks, formed by the solution of part of the rock material.

DOLINE

See "sinkhole."

FAULT

A surface or zone of rock fracture along which there has been noticeable differential movement.

FISSURE

An extensive crack, break, or fracture in the rock.

GEOTECHNICAL INVESTIGATION PROGRAM

A program which identifies the geologic nature of the bedrock materials underlying the site and provides solutions directed at preserving water quality and assuring the safety of any planned facility or improvement built over carbonate rocks.

JOINT

A fracture in rock generally more or less vertical or transverse to bedding, along which no appreciable movement has occurred.

KARST

A type of topography that is formed over limestone or dolomite by dissolving or solution of the carbonate rocks, characterized by sinkholes, closed depressions, caves, solution channels, internal drainage, and irregular bedrock surfaces.

LIMESTONE

A carbonate sedimentary rock consisting chiefly of calcium carbonate. Limestone is commonly used as a general term for that class of rocks which consists of at least 80% calcium or magnesium carbonate. In this section the term "limestone" shall be used generically to refer to carbonate rocks, limestone formations and Precambrian marbles.

LINEATION

Any straight line or alignment of natural features seen on an aerial photograph or any geographically referenced source. Although some lineations may be geologically controlled, ground-based geologic investigations are necessary to define their existence and significance.

MARBLE

A metamorphic rock consisting chiefly of crystallized limestone or dolomite.

OUTCROP

An exposure of bedrock projecting through the ground surface.

PINNACLE

An irregular rock projection often buried beneath the ground surface.

SHEAR ZONE

A zone in which shearing has occurred on a large scale so that the rock is crushed and brecciated (broken).

SINKHOLE (DOLINE)

A localized land subsidence, generally a funnel-shaped or steep-sided depression, caused by the dissolution of underlying carbonate rocks or the subsidence of the land surface into a subterranean passage, cavity or cave. Sinkholes are formed by the underground removal of soil and rock material.

SOIL

The material found in the surface layer of the earth's crust which may be moved by a space or shovel.

SOLUTIONED CARBONATES

Carbonate rocks that have had cavities formed, fractures widened, and passages in the rock created through the dissolution of the rock by the passage of surface water.

SOLUTION CHANNEL

A tubular or planar channel formed by solution in carbonate rock terrains, usually along joints and bedding planes. Such openings are the main water carrier in carbonate rocks.

SOLUTION SINKHOLE

A depression formed from the slow dissolution of bedrock.

SPRING

A place where water naturally flows from rock or soil upon the land or body of surface water.

SUBSIDENCE SINKHOLE

Sinkhole formed by the downward settlement of unconsolidated overburden into openings in the underlying, soluble bedrock.

SURFACE RUNOFF

The part of the precipitation that passes over the surface of the soil.

VOID

An opening in the soil or rock materials.

Applicability. The provisions of this section shall be applicable to development activities in the Carbonate Area Overlay District requiring, pursuant to this chapter, subdivision or site plan approval, building permits, zoning permits, and related septic systems and wastewater disposal systems requiring state permits or treatment works approvals. This section shall also be applicable to the installation of wells, site improvements, pond construction (except for agricultural purposes), filling of any sinkhole, or any other activity which could be affected by the presence of limestone geology on or near the site, and which is associated with development pursuant to this chapter.

Carbonate Area Overlay District (CAOD).

The Carbonate Area Overlay District shall be and is hereby identified as such upon the Vernon Township Zoning Map as and where deemed appropriate by the governing body. The district is constituted as an overlay to the zoning districts heretofore established by the Zoning Map and may encompass all or portions of more than one existing zoning district. Regulation of the CAOD shall be in addition to those requirements regulating the existing zoning district.

The Carbonate Area Overlay District contains areas known as the "carbonate rock area" and the "carbonate drainage area." The carbonate rock area (CRA) is composed of those areas of the municipality underlain by limestone or carbonate rocks. The geologic mapping utilized to prepare the CRD overlay boundary is derived from New Jersey Geologic Survey and United States Geological Survey maps. These maps are interpretations developed from available field observations and subsurface data; additional unmapped areas of limestone rocks may exist in the Township of Vernon. Therefore, the provisions of this section may be applied to any development which, in the opinion of the approving authority, is located in an area underlain by limestone. The CRA map shall be updated as information is developed through the application of this section.

A carbonate drainage area (CDA) consists of all lands which drain surface water into a carbonate rock area (CRA). Changes in the quantity, quality and rate of discharge of surface water runoff from lands upslope of carbonate rock areas can adversely affect the CRA. Therefore, development activities in the CDA which may alter the surface drainage patterns or affect the water quality or increase runoff into a CRA shall be subject to the requirements of this section.

Design and performance standards for CRA. The following standards shall be applicable to development activities occurring in a CRA:

The location of all sinkholes, disappearing streams, or other karst features identified during the geotechnical investigation program and shown on documents submitted under the Phase I and/or Phase II checklist shall be drawn on all final plans or plats. The plans or plats shall also note any site remediation techniques utilized to stabilize any solution channels or subsidence karst features. All subdivision deeds shall contain the following wording: "Block _____, Lot _____ is underlain by limestone formations." Limestone formations are susceptible to surface collapse (or sinkholes) and subsidence caused by the physical erosion and chemical alteration of the soil and bedrock.

The design and construction of the improvements listed in Appendix _____ (Reserved) shall be accomplished so as to minimize, to the greatest practicable extent, the development of future sinkholes or other karst hazards and the pollution of surface water and groundwater resources. The following guidelines shall be observed:

Carbonate formations present complex design and engineering challenges. For example, design and engineering solutions which may be appropriate for a single-family dwelling may not work for an office building. As a result, the provisions of Appendix _____ were developed to provide an outline of design concerns which apply to different construction activities. Appendix _____ also provides rudimentary suggestions as to current engineering and geotechnical procedures and minimum standards that might be useful to those applying this section. None of the items is intended to preclude the application of judgment, innovation and experience. Appendix _____ represents the best technical judgment available at this time. As the Township gains experience with this section and local geologic conditions, both the level of review and the scope of Appendix _____ should be evaluated.

A number of testing procedures are presented in Appendix _____.

These include direct methods, such as site reconnaissance, test pits, test probes and test borings. Direct methods are essentially those procedures which allow the investigator to physically see or sample some of the geotechnical parameters of the site. Direct methods can provide an accurate picture of known site locations. It is then necessary to extrapolate these known data points to the entire site.

Indirect methods include the use of such items as aerial photography, satellite imagery and geophysical procedures. With geophysical procedures one records some earth properties and attempts to correlate each property with more specific site characteristics, such as rock properties or depths. Indirect methods must be used with great care because of the complex nature of karst sites. Indirect methods may not detect small variations in the carbonate bedrock features which may be of great significance to the project design.

Direct methods testing involves the following:

Site reconnaissance. An on-site reconnaissance, by a person with knowledge of local geology, is important to develop an understanding of the site constraints. Prior to conducting on-site reconnaissance, field personnel should review aerial photography to look for the presence of such features as photo lineaments, vegetation changes and depression areas. Black and white aerial photographs, when viewed in a stereo image, can reveal such features as sinkholes, closed surface depressions, lineaments and bedrock pinnacles. Older aerial photographs are a valuable resource to document changes in the land forms or karst features which have occurred on the site over time.

Test pits. Test pits are a simple, inexpensive way to view the overburden materials and the condition and variability of the carbonate rock surface. Test pits are backhoe excavations generally to the depth of the bedrock or limitation of backhoe.

Test probes. These generally consist of advancing a steel bit into the ground by an air-percussion machine. Essentially a large, mobile jack-hammer is used. Depth of normal penetration is usually less than 50 feet. The cuttings are blown out of the hole and examined. Although quite disturbed, these cuttings yield a sample of the materials penetrated. The amount of air injected and return of cuttings at the surface can indicate the presence of fractures and cavities. The rate of speed of the advance of the probe provides a qualitative estimate of the competency of the material encountered. Backfilling with a fluid cement grout and recording the volume of materials placed in the drill hole (of known dimension) can also yield a measure of the size of openings encountered in the subsurface during the downward progress of the probe.

[4]

Test borings. Test borings can yield virtually complete and undisturbed soil and rock samples. These provide visual evidence of fractures, weathering, fracture fillings and even the vertical dimensions of cavities. A measure of the drilling fluid losses can also indicate the volume and nature of any soil or rock cavities encountered. Backfilling with a fluid cement grout and recording the volume of materials placed in the drill hole (of known dimension) can also yield a measure of the size of openings encountered in the subsurface during the downward progress of the probe.

Indirect methods testing involves the following:

Aerial photography. This is the simplest indirect technique, particularly when photos taken over a long time period are analyzed. Open depressions, bedrock exposures, vegetation and moisture changes over time can be detected on either black and white or color photographs. Piles of rock or small groups of brush or trees in otherwise open fields can indicate active sinkholes or rock pinnacles breaking the ground surface. Images defined at wave lengths over than visible light can be as useful as, or even more useful than, conventional aerial photographs. These images are generally available from satellite mapping work.

Geophysical procedures.

[a]

Various geophysical investigation techniques which can be used in karst terrains include ground-penetrating radar, electrical conductivity, electrical resistivity, magnetic field, very low frequency measurement (ELF), gravity field recording and seismic velocity measurements. In general, none of these methods has the ability to discriminate all fractures and small cavities. The data provides information on the variation in underground conditions which should be interpreted by a person trained in geophysics.

[b]

These procedures are used to identify zones of variation across a site. Areas showing variation are then targeted for additional direct testing procedures. Geophysical procedures should not be used as the only method of verifying underground conditions. Information gathered with geophysical procedures is useful when extrapolating directly measured data.

[c]

The variability in physical properties and the solutioned nature of most carbonate rock sites require an increase in the number of sites analyzed and the use of several investigation methods to provide a reliable interpretation of the subsurface conditions.

Procedures and submission requirements for development in the Carbonate Area Overlay Districts.

All applicants for development approval shall undertake a geotechnical investigation program. Projects located in a CDA or CRA shall complete the Phase I checklist. Submission of a Phase II checklist shall be subject to the recommendation of the municipal geotechnical consultant (GTC).

The geotechnical investigation program shall be prepared by a professional engineer or geologist with experience in karst terrains. The municipality's geotechnical consultant (GTC) shall be similarly qualified.

The geotechnical investigation program shall identify the geologic nature of the materials underlying the site.

The geologic investigation report shall evaluate site information gathered during the geotechnical investigation and provide recommendations for the planning, engineering design, and construction techniques to be utilized. All design recommendations shall minimize, to the greatest extent practical, impacts upon water quality and structural hazards associated with limestone formations.

In the case of applications for site plans or subdivisions located in a Carbonate Area Overlay District., the geologic investigation program may be completed and filed prior to a formal application for preliminary approval.

After the submission of the information required in the Phase I checklist, the authorized approval authority may grant a waiver from the requirement of part or all of the geotechnical investigation and report requirements under this section upon appropriate recommendation of the municipal geotechnical consultant.

Geotechnical investigation program process. For all properties located in the CAOD, a comprehensive geologic investigation program shall be conducted by the applicant. The purpose of this program is to provide the approving authority with sufficient data to define the nature of existing geologic conditions that may affect or be affected by construction and land use activities on the site. Specifically, the investigations shall yield information which shall demonstrate that the proposed development will identify any existing geologic conditions for which appropriate site design and/or engineering solutions may be necessary to minimize any adverse environmental impacts caused by the project. A geotechnical investigation program involves the following:

Completion of the Phase I checklist by the applicant and review by the municipal GTC; action on completeness by approving authority.

Completion of the Phase II checklist and proposed geotechnical investigation program by the applicant; review by the municipal GTC and action on completeness by approving authority; issuance of permit to undertake on-site testing.

Applicant undertakes on-site geotechnical investigation program under observation by the municipal GTC.

Submission of a geologic investigation report and site recommendation by the applicant.

GTC review, report and final recommendation forwarded to the approving authority.

Approving authority acts on the geotechnical aspects of the proposed project.

Geotechnical investigation program time limitations.

An investigation program shall be commenced by completing the Phase I checklist. The Phase I checklist shall be submitted to the approval authority and shall be reviewed by the GTC. A report from the GTC shall be rendered to the approving authority within 30 days of the submission by the applicant of the Phase I checklist. The approving authority shall rule on the completeness of the checklist within 30 days of the receipt of the GTC completeness report. The GTC's report shall either recommend that the Phase II checklist be prepared and submitted, or in the alternative, that portions or all of the requirements of the Phase II checklist be waived.

If the Phase II checklist is required, it shall be submitted to the approving authority and shall be reviewed by the GTC for completeness. A completeness report shall be made to the approving authority within 30 days of the submission by applicant of the Phase II checklist. The approving authority shall rule on the completeness of the checklist within 30 days of the receipt of the GTC's completeness report. The GTC's completeness report shall also advise the applicant as to whether any proposed testing methodology is prohibited because of the potential danger the methodology may pose to the integrity of the site or the health, safety and welfare of the community. If the GTC recommends the disapproval of the testing program, the recommendation shall include suggestions on alternate methodology which would provide the requisite data. The GTC may also recommend waiver of some or all of the required investigation in appropriate cases pursuant to this section.

At the applicant's option, both the Phase I and/or the Phase II checklist may be submitted simultaneously, in which case the GTC shall submit a completeness report to the approving authority within 30 days of submission of the checklists by the applicant. The approving authority shall act on the completeness report within 30 days of submission of the GTC's report.

After the Phase I and Phase II checklists have been deemed complete by the approving authority and the GTC has advised that the testing methodology poses no danger to the integrity of the site or to the health, safety and welfare of the community, a permit shall be issued to the applicant authorizing the commencement of the testing procedure.

On-site investigation protocol.

Any on-site investigations and tests undertaken pursuant to this section shall not begin until the applicant has received a permit therefor. The applicant shall also be responsible for providing, at least 15 days prior to commencement of any testing procedures, written notice of same to the Township Clerk, which notice shall be transmitted by certified mail, return receipt requested, or served personally. All site investigations shall be properly closed in accordance with N.J.A.C. 7:9-9.1 et seq.

The proposed development site shall be subject to inspection by the GTC or designated municipal inspectors at any time. All testing data and results shall be made available to municipal officials and inspectors on reasonable demand.

All samples taken shall be properly preserved and shall be available for examination by the Township upon request until final action is taken by the approving authority on the application.

Geotechnical investigation report requirements.

At the completion of the field investigation, a formal site investigation report shall be submitted and shall include the following information gathered during the testing protocol: logs of all borings; test pits; probes, including evidence of cavities; loss of drilling fluid circulation during drilling; voids and similar cavities encountered; type of drilling or excavation technique employed; drawings of monitoring or observation wells as installed; times and dates of explorations and tests; reports of chemical analyzes; on-site surface and ground water; names of individuals conducting tests if other than the professional engineer referred to in the checklist; analytical methods used on soils, water samples, and rock samples; a one-inch equals 100 feet scale topographic map of the site (at a contour interval of two feet) locating all test pits, borings, wells, seismic or electromagnetic conductivity or other geophysical surveys and analysis of the groundwater, including any potentiometric maps constructed from site data or aquifer tests with rate and direction of flow; a geologic interpretation of the observed subsurface conditions, including soil and rock type, jointing (size and spacing), faulting, voids, fracturing, grain size, and sinkhole formation.

The report shall define the extent of geotechnical findings at the site in relation to the planning development or land use. The engineering solutions proposed to minimize environmental and structural impacts for the useful life of the project, as well as during construction, must be clearly detailed.

Municipal review of geotechnical investigation report.

Within 45 days of submission of the geotechnical investigation report by the applicant, the GTC shall review and prepare a completeness report for submission to the approving authority. During the GTC's review of the geotechnical investigation report for proposed development, the GTC shall consider the data, formal reports, maps, drawings and related submission materials and shall advise the approving authority whether or not the applicant has provided the Township with:

Sufficient design, construction and operational information to insure that the proposed development of the tract or site will not have an adverse impact on the health, safety and welfare of the community;

Proof that the proposed method of development of the tract will minimize any adverse effects on the quality of surface or subsurface water, and will not alter the character of surface and/or subsurface water flow in a manner detrimental to known on-site or off-site conditions;

Specific details insuring that design concepts and construction and operational procedures intended to protect surface and subsurface waters will be properly implemented;

Specific details on inspection procedures to be followed during construction and after project completion.

The approving authority shall, within 45 days of the receipt of the report from the geotechnical consultant, approve or disapprove the proposed geotechnical aspects of the development plan and associated construction techniques. In the event the approving authority denies the proposed development plan and associated construction procedures, the approving authority shall state in the resolution its reasons for disapproval.

Reevaluation. In certain situations, a specific geologic hazard may not be identified while the geologic investigation program is underway and may be discovered during or after construction. In such cases the applicant shall:

Report the occurrence of the hazard to the Township Clerk within 24 hours of discovery;

Halt construction activities which would impact the geologic hazard;

Prepare a report on the geologic hazard which analyzes the impact of the hazard and details a remediation plan for review and approval by the GTC;

After obtaining approval from the Township, perform necessary remediation of the hazard to prevent or minimize damage to buildings, structures, utilities, driveways, parking areas, roadways, and other site improvements, and to minimize pollution of the groundwater;

Repair any damage to improvements and restore ground cover and landscaping;

In those cases where the hazard cannot be repaired without adversely affecting the site plan or subdivision, the applicant shall file an amended application for a site plan or subdivision approval in compliance with the provisions of this chapter.

Compliance and enforcement.

Compliance with this section is required prior to the granting of development approval, unless the applicant is exempted from the provisions of this section requirements in this chapter have been waived.

Failure to comply with any of the requirements in this section may result in the issuance of a stop-work order, revocation of building permits, or denial of certificates of occupancy. Remedial and corrective measures may be mandated if the appropriate construction and site planning techniques, as outlined in the applicant's approved geotechnical report, are not followed and result in actions which adversely impact karst features.

Carbonate Area Overlay District data distribution. On-site geologic information collected through the provisions of this chapter represents important resource data. Copies of the final geologic investigation report and all maps and accompanying data shall be submitted to the Department of Health and Human Services, the Township Clerk, and the Planning Board Secretary. The Township shall develop a catalogue system of all available municipally generated geologic reports. This file shall be accessible to the public during normal working hours.

Application and escrow review fees. For any project in the CAOD requiring a submission, there shall be an application fee and a review deposit pursuant to Article IX.

§ 330-85 Analysis and design concerning environmental and community impact; environmental impact statements.

Rationale and purpose.

Vernon's natural environment is its most important physical resource. Appreciation of the environment's natural features is a matter of vital interest and attraction to the Township's citizenry and visitors, and the impact of development on the environment must therefore be accorded close scrutiny. Moreover, since Vernon's economic base is heavily dependent upon outdoor recreation and related tourism, environmental impact analysis is intrinsic to broad community impact, including fiscal impact.

The 1995 Master Plan, particularly in its Conservation Plan Element, contemplates improved standards for analysis of environmental impact. It is the purpose of this section to implement the same.

Procedure and methodology.

Except in connection with applications classified as minor, the effect of every development proposal on the natural and built (or otherwise man-made) environment shall be studied by a qualified expert or experts engaged by the applicant, who shall prepare a report of findings, analysis and conclusions to be known as an "environmental impact statement" (hereinafter "EIS") for submission to the Planning Board and the Environmental Commission. The Environmental Commission shall have 30 days in which to review the same, make a report thereon and submit its report to the Planning Board, with a copy to be supplied simultaneously to the applicant. The Commission's report shall consider the sufficiency of the EIS with particularity and advise the Planning Board as to which elements of the EIS, if any, are deficient in information and/or proposed mitigation. The Planning Board shall consider such report when deciding which elements of an EIS, if any, should be waived at the request of the applicant, or which elements should be further studied and explained. At a minimum, the Commission's report shall comprise a checklist of the submission requirements and standards of this section. Each such submission requirement shall be subject to the following assessment code:

"S"	Sufficient
"D"	Deficient
"O"	Omitted
"X"	Not applicable

If time and resources available to the Commission permit, the Commission shall provide a summary statement as to why one or more submissions, if any, are deficient. The Commission shall similarly indicate which items found to be omitted, if any, are acceptably omitted given the scope and/or nature of the application notwithstanding its classification. The Planning Board shall consider the Commission's report in these respects when considering the merits of a requested waiver in any such respect.

Waiver criteria. No submission requirement in the form of a required element of an EIS shall be waived in the absence of a written, site-specific justification therefor, so certified by the preparer(s). A separate justification shall be articulated for each element or subject of waiver request; provided, however, that a justification for more than one element or subject of waiver request may be made in a summary manner if and to the extent appearing appropriate. Such justification shall include the reason(s) why, in the opinion of the preparer based upon the particulars of the specific property and/or the scope or nature of the application, submission of one or more required elements would be unnecessary, inappropriate, or inapplicable to an informed decision concerning the projected environmental impact of the development. No waiver shall be granted without a showing that the environment would not be at significant risk as a result of such waiver. No waiver shall be unreasonably withheld when it is apparent, evident or obvious that the subject(s) of the proposed waiver need not be examined under this section in order to reach an informed decision.

Content and quality of submission.

Every EIS shall contain a complete project description, including property location and general characteristics, purpose and scope of development, proposed improvements and facilities, and a summary statement of site or tract conditions concerning the natural and man-made environments, together with a summary analysis of projected project impact on the same.

Every EIS shall be a product of site specific findings, analysis and conclusions. All sources, authorities, maps, reports, plans, documents, studies and similar materials on which the EIS relies shall be current, of recognized value and quality, and fully disclosed. Whenever practicable, a copy of such materials shall be supplied as an appendix. The preparer(s) of the EIS shall be a recognized and qualified person(s) to make such reports, such as a professional engineer with environmental training and experience, or an environmental scientist. No preparer shall purport to offer findings, analysis or conclusions as to matters, subjects or elements as to which the preparer is unqualified except to summarize and distill the findings, analysis and conclusions of qualified persons or source materials to the extent of the preparer's qualifications. Utilization of expert analysis in special disciplines such as soil science, geology and cultural resources is distinctly favored.

Required elements of consideration. Every EIS shall be based upon affirmative study of the following elements:

The natural environment.

Prevailing subsurface water supplies and quality; hydrogeology; surface water and natural drainage patterns; watercourses and open waters (including man-made impoundments); aquifer recharge and discharge areas.

Prevailing soils and geology, including but not limited to erodible soils, carbonate rock formations, topography, wetlands and floodplains.

Prevailing woodlands, mature forests, specimen trees, and other vegetation.

Terrestrial and aquatic wildlife presence, habitats and patterns, including (and particularly) those of rare and endangered species.

Open space conditions.

The built or man-made environment.

Historic landmarks, artifacts and other cultural and social resources.

Scenic vistas and aesthetic values, including visual resource lands.

Prevailing architecture.

Local farms and farmlands; established fields, farm roads, stone rows, and other linear features.

Water supply and sanitary sewage facilities; stormwater drainage structures.

Lighting levels.

Prevailing air quality.

(h)

Prevailing noise levels.

(i)

Prevailing traffic conditions.

(j)

Community facilities and infrastructure, including the condition of affected public streets.

(k)

Community services.

(l)

Prevailing fiscal affairs and property tax revenues of municipal government.

(m)

Prevailing economic and employment conditions.

(n)

Affected Township communities, neighborhoods, and land use patterns.

(o)

Affected subdivision and development sites which are adjacent or proximate to the subject property and awaiting development.

(p)

Population patterns and distribution.

(q)

Fire and police protection.

(r)

Local businesses and industries.

(s)

School impact.

Planning guides.

Township Master Plan.

County and Regional Plans.

State Development and Redevelopment Plan.

Master Plans of adjacent municipalities (where and to the extent implicated).

This chapter.

Required impact analysis. Upon consideration of all elements described in Subsection E of this section, the preparer shall analyze and report, on an objective basis, the projected adverse or beneficial impacts of the proposed development on each such element, which analysis and report shall include but, wherever appropriate, not be limited to the following:

As to the natural environment. The manner by and extent to which the project is anticipated to diminish, compromise, jeopardize, destroy, displace, disturb or, alternatively, protect, preserve, conserve, enhance, harmonize or be reconciled with or otherwise affect or implicate each particular feature or element of study required under Subsection E(1)(a) through (e) of this section.

As to the built or man-made environment. The manner by and extent to which the proposed project is anticipated to diminish, compromise, jeopardize, destroy, displace, disturb or, alternatively, protect, preserve, conserve, enhance, harmonize or be reconciled with, or otherwise affect or implicate each particular feature or element of study required under Subsection E(2)(a) through (o) of this section.

Implications; performance and mitigation measures. After having undertaken the requirements of Subsections E and F of this section, the preparer(s) shall interpret, assess and explain the implications of projected development impacts as contemplated in Subsection F of this section. The preparer(s) shall then offer and explain such performance or mitigation measures, covenants or assurances as are necessary or appropriate, in the objective opinion of the preparer(s), to prevent or mitigate against any substantial negative impact of development, and to protect, preserve, conserve or enhance respective features of the natural or built environment. In so doing, the preparer shall give due consideration to the regulations, requirements, standards, guidelines, and techniques provided in this chapter and, particularly, this article. The preparer shall then assess which of the same have application to environmental impact as contemplated in this section and shall perform an analysis and reconciliation as and to the extent appearing appropriate. It shall be incumbent upon the applicant to cause the preparation, offer, delivery, performance and assurance of any environmental engineering, planning or legal device appearing necessary to insure that the mitigation or other measures contemplated in this subsection, once and to the extent approved by the Board, become effective.

Alternatives.

In order to provide an objective and empirical analysis of the features and elements of Subsections E and F of this section pursuant to Subsection G of this section, the preparer shall consider and report the alternatives to the proposed project, including:

That of no project.

That of one or more alternative projects, layouts or designs that would or might have resulted in less negative environmental impacts;

That of conventional versus cluster development where residential development is proposed.

The rationale for rejection of any alternative plan shall be clearly and objectively expressed in the EIS.

Licenses, permits and other approvals. Every EIS shall contain a list of all licenses, permits and other approvals known or believed to be required for the disturbance, improvement, construction and operation of the subject site or tract. The list shall include but not be limited to those approvals required by any local, county, state or federal agency. A copy of any approval obtained as of the date of the EIS shall be appended thereto. A statement of status shall be supplied as to all other approvals.

References and supporting authority. Every EIS shall contain a list and explanatory statement as to opinions, publications, studies, reports and other resources relied upon by the preparer. All resources shall be footnoted where appropriate throughout the text of the EIS. Meetings and conferences involving other sources, resources and/or agencies shall be disclosed.

Community impact. Without limitation to the requirements of any other subsection of this section, every EIS shall contain a component analysis of the anticipated impact of the proposed development on the Township community with respect to municipal finances (including estimated changes in tax receipts, fiscal outlay for municipal services, and anticipated additional demands on existing municipal services and facilities); estimated number and types of jobs to be created; and calculation of the number of school-age children anticipated to be associated with the project.

Analysis of water supply, sewerage and stormwater. The following information shall be provided as a component of or in a companion document with an EIS:

Water supply.

If supply is from on-site sources: location of water supply sources; description of water supply facilities, including type, depth, and pumping rates; location and depth of private and public water supplies and septic systems within 500 feet of the proposed water sources; geologic evaluation of subsurface conditions, including statements on the following:

Long-term evaluation of adequacy of supply to serve the project by quantitative and qualitative analysis;

Evaluation of possible interference of and with existing private and public water supplies;

Evaluation of water table conditions and aquifer recharge capability.

If supply is to be from public facilities off-site:

Name of public facility;

Point(s) of interconnection and description of interconnecting facilities;

Pressure requirements;

[4]

Projected water usage stated in average daily usage (gallons per day);

[5]

Peak daily usage (gallons per day) and peak hourly usage (gallons per hour).

Sewerage facilities. A description of the sewerage facilities that will be utilized, including the following:

If disposal is to be on-site: data on underlying geology, water table, depth of rock, soils, analysis, soil stratigraphy, percolation tests for each sewage dispose site, topography, location and depth of aquifers, depth, capacity and type of construction and location of all wells which have been recorded or which information can be obtained from inquiries to adjacent property owners within 500 feet of site; soil logs and percolation tests for each disposal site as witnessed by the Department of Health and Human Services, and other pertinent data made appropriate by the nature and scope of the project.

If disposal is off-site: projected sewer discharges stated in average daily flows (gallons per day) for initial phase and five- and ten-year projections. A description shall be provided as to the type of process; projected daily flows; physical characteristics, including temperature, biological characteristics, and chemical characteristics, including description of any toxic components.

If treatment is to be by public facilities: name of public facility and point of connection and description of interconnecting facilities.

If project is to include treatment facilities discharging into a stream or watercourse: location of treatment facilities; receiving stream and data on stream classification, water quality, seven-day low-flow at ten-year frequency; description of treatment facilities and proposed effluent quality; evaluation of initial and future deleterious effects on use of stream for water supply, recreation and aquatic and terrestrial wildlife. Evaluation shall include effects of nutrients on downstream ponds and lakes.

Stormwater.

Peak rates and volume of stormwater runoff expected from undeveloped site and to be generated by proposed project; include rates for ten-, fifteen-, twenty-five-, fifty- and one-hundred-year storm frequencies having durations equal to the time of concentration.

Comparison of existing vegetative cover with that which is proposed.

Analysis of changes in peak rates and volume of stormwater runoff and runoff coefficients caused by changes in land use, and analysis of whether any increased incidents of flooding caused by increased stormwater runoff due to the proposed project are anticipated.

Submission of plans for disposition of stormwater and attempts to delay the time of concentration by the use of detention basins or other acceptable methods.

Submission of soil erosion and sediment control plan in accordance with Sussex County Soil Conservation District requirements.

§ 330-86 Traffic impact study.

When required. The Board may require a traffic impact study in connection with any application for preliminary approval if, in the opinion of the Board, the development could have an adverse impact on the off-site or off-tract roadway network, ingress/egress, or on-site circulation. All applications involving more than a projected trip generation of 50 trips or more per day shall be accompanied by a traffic impact statement.

General provisions.

The traffic impact study shall be prepared by a New Jersey licensed professional engineer having appropriate training and experience.

All relevant sources of information used in the preparation of such statement shall be identified.

Submission requirements. All traffic impact studies shall provide a description of the impact and effect of the proposed land development upon all roads which are adjacent to or immediately affected by the projected traffic and shall specifically address the following items:

Existing conditions in the vicinity of the proposed project, including:

Roadway network.

Representative traffic counts, excluding holidays, summer periods or other known periods of lower use.

Traffic accident statistics.

Availability of public transportation.

Level of service of adjacent roadways.

Traffic projected to be generated by the proposed development, including:

Trip generation.

Trip distribution.

Modal split.

Trip assignment.

Level of service under proposed conditions.

Traffic impacts expected from the proposed development as a result of change in existing conditions.

Explanation of traffic reduction/traffic management plans necessary or appropriate pursuant to any current state or county requirements, and, where applicable, reconciliation with appropriate county transportation management areas (TMA).

Recommendations for alleviating or diminishing any possible congestion or disruption to the established traffic pattern.

§ 330-87 Adaptive designs concerning former farmlands, open fields, watercourses, hills, ridgelines and scenic vistas (visual resource lands).

Any other information requested by the Board reasonably required to make an informed assessment of potential traffic impacts.

Rationale. Vernon's expansive valley and substantial mountains make its scenic vistas unique among New Jersey's municipalities. However, the unique views provided both from the valley floor toward plateaus and ridges, and from plateaus and ridges toward the valley floor, are threatened by continuing development patterns which establish building sites that destroy the visual resources of open fields, mountain profiles, watercourses and woodlands. Left unchecked, such development would afford views mainly of buildings in repeated, monotonous patterns akin to those found in suburban sprawl. Sprawl development in Vernon threatens to transform the character and quality of this community more acutely than in other communities because of the expansive views and many vantage points found throughout the Township, particularly along the scenic corridors. The effects of sprawl are insidious enough in suburban communities where vantage points are limited; in Vernon, sprawl threatens to destroy the dramatic visual attributes that have proved so inviting to the Township's citizens and visitors, and so essential to community character. Sprawl and the appearance of sprawl threaten to defeat Vernon's substantial economic interest in outdoor recreation and tourism. Unless Vernon can remain a place of distinctive natural beauty, it is at risk of losing its identity as a place of destination.

Purpose. This section is designed to protect Vernon's remaining open spaces from conventional development patterns and measures which tend to compromise the intrinsic value of farmlands, fields, woodlands, mountain profiles or ridgelines, ridge faces, plateaus, and watercourses and water bodies (hereinafter "visual resource lands").

Authority. This section is specifically derived from and designed to be consistent with § 330-2, the contents of this article, Article XI, the 1995 Master Plan, and the New Jersey State Development and Redevelopment Plan (Preliminary). All passages of such authorities which bear on the objectives, goals and standards contained in this section are relied upon and specifically incorporated herein.

Standards.

Building locations. The establishment of building envelopes and building sites in open fields shall be avoided. Building envelopes and sites shall be adaptively located on and along the edges of fields to the greatest practicable extent. Existing tree lines and woodlands which frame open fields shall be preserved and used to effectively screen new buildings from view or blend them with, in or among wooded background environs.

Driveways. Driveways and roads shall follow existing farm lanes, tree lines or stone rows wherever possible. Common driveways and rural lanes are encouraged in order to reduce improvements and impervious coverage of visual resource lands and to avoid unnecessary disturbance. Maximum driveway width shall be 12 feet. Maximum length of a common driveway shall be 1,000 feet. All driveways in excess of 500 feet shall provide a suitable turnout. No more than four units shall be served by a common driveway.

Extent of disturbance. Total tract disturbance of visual resource lands shall not exceed 7% of gross tract area for purposes of improvements, including but not limited to streets, stormwater management facilities, grading, vegetation removal, cartway and basins. Total lot disturbance shall not exceed 60% of lot area or 20,000 square feet, whichever is less. "Disturbance" of lots shall be construed to include grading for lawn areas.

Scenic vistas. Intense development of visual resource lands shall be prohibited. Only such development as is compatible with and respectful of the provisions and spirit of this section shall be permitted. Disturbed and improved lands shall, to the greatest practicable extent, be or remain predominately invisible from public ways and trails, including but not limited to the Appalachian Trail and the scenic corridors of the Township, such as but not limited to those in the AET districts.

Ridgelines. Except as otherwise provided herein, no lot or site shall be designed or developed which significantly disturbs an existing mountain profile represented by a tree line along a ridgeline; nor shall the face of any ridge be disturbed, clear-cut or developed in such a way as to significantly compromise the natural features and appearance of such ridge face for the sake of creating "view lots" or similar private interests. Any tree removal on a readily visible sloped plateau or ridge face shall be subject to a tree management plan approved by the Planning Board. No building envelope shall be established nor any building or structure erected which would lie atop the crest of an unwooded hill or plateau. Building envelopes may be established, and buildings or structures erected on hilltops or plateaus only when such hills or plateaus are substantially wooded by trees of at least 35 feet in height, and would remain so by an approved tree management plan and suitable conservation restriction. The general provisions of this subsection to the contrary notwithstanding, an owner or operator of a ski area or ski resort who shall have submitted and obtained approval of a tree management plan may make application to the Planning Board by site plan application or by other procedure pursuant to an approved comprehensive plan, developer's agreement or general development plan, to disturb, selectively cut and otherwise reasonably improve ridges, slopes or mountains for purposes of creating or improving ski trails.

[Amended 12-13-1999 by Ord. No. 99-27]

Farmlands proposed for other land use.

No former, active or capable farmland shall be reduced to other land use in the absence of an analysis pursuant to § 330-85 concerning the potential application of § 330-198 and the preservation of such lands pursuant to such section and the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq. ("Farmland Preservation Law").

Where farmlands are ineligible or unsuitable for preservation pursuant to § 330-198, the subsections of this section shall apply, and the following additional requirements shall apply:

All residential developments shall be clustered in accordance with this chapter.

The visual appearance of the farm and farmlands shall be preserved to the greatest practicable extent by adaptive use or reuse of farm buildings and features, together with the preservation of contiguous open space adjacent to such buildings of at least five acres where a tract comprises less than 50 acres and the lesser of 10% of the tract area or 10 acres where a tract comprises 50 acres or more. Such land shall remain as open space and, preferably, be put to agricultural, educational, cultural, recreational or neighborhood use, or some combination of such uses; provided, however, that in such event, a one-hundred-foot buffer shall be provided to protect residential sites from agriculture-related nuisances. The Planning Board may also require other reasonable mitigation measures.

Once subdivided in accordance with this section, farmland shall not be further subdivided, and a restrictive covenant to that effect may be required by the Planning Board.

Roadways. Traffic circulation in and over visual resource lands shall be by rural lanes to minimize disturbance. Right-of-way width shall be 50 feet, but cartway width shall be 20 feet. Not more than 10 units shall be served by a single dead-end lane. Roadways shall follow existing grade contours to minimize the extent of cuts and fill. However, no part of any roadway shall exceed a grade of 16%. Roadways shall, to the greatest practicable extent, follow existing linear features of the tract or site, including existing farm or other lanes, trails, stone rows and tree or hedge lines. Roadways shall not be located in nor traverse open fields. In the event the provisions of this subsection are in conflict with Article VIII, the applicant shall seek such waivers or exceptions therefrom as are necessary to satisfy this subsection, but shall be relieved of these requirements in the absence of a grant of such waivers or exceptions.

Curbing. Curbing shall be installed only if, where, and to the extent necessary to provide for stormwater management. When so required, only granite block curbing shall be installed.

Stormwater management. Stormwater management (as well as all other lands in the Township in the absence of good cause to the contrary) shall be designed to make minimal changes to natural drainage patterns and systems. Where stormwater management facilities are required, they shall be designed to occupy as small an area and involve as little disturbance as possible. A retention basin's normal ratio of area to volume may be reasonably reduced to satisfy this subsection. Retention basins shall be utilized where a basin is needed or appropriate, and such basin shall be designed to resemble and function as a natural pond with a view toward the creation of wildlife habitat.

Lawns. Extensive residential lawns shall be avoided in favor of existing indigenous tall or other native grasses, wildflower patterns and woodlands or individual trees and ground covers. Existing vegetation shall be preserved in areas where disturbance is unnecessary, discouraged or impermissible pursuant to this section. Lawn areas shall be included in the total lot disturbance calculation. The creation of lawn areas of greater than 10,000 square feet shall be prohibited, except that seeding of former croplands shall be permitted to the extent of such lands.

(11)

Adaptive measures. To the greatest practicable extent, adaptive reuse, renovation, preservation or other protection or enhancement shall be required where a tract or site contains structures or features of historic or architectural significance, and, where one or more structures are involved, when such structures are suitable for rehabilitation.

(12)

Guide rails. In the event guide rails are required due to site or tract conditions, they shall be predominately of wood or stone construction, or some combination thereof.

(13)

Conservation easements. Conservation easements and restrictive covenants may be reasonably required by the Planning Board to enforce this section.

(14)

Appalachian Trail. ("AT").

All wooded lands within 100 feet of the AT shall be left undisturbed in order to maintain a buffer between the AT and developed lands. Where development of any lot or site necessarily requires the disturbance of such lands for reasonable construction or other temporary measures, an evergreen screen shall be established upon completion of construction at a planting height of at least six feet, arranged in accordance with the requirements of this chapter to create an effective screen having a naturally occurring appearance.

Any proposed development of open fields adjacent or proximate to the AT shall be subject to strict application of Subsection D(1), (2), (4), (5), (6), (7), (11) and (13) of this section.

The construction of any new building, or any other new construction for which a construction permit is required, which is or appears likely to be highly visible from the AT, shall be subject to the requirement that natural materials of low visual impact be used in any such construction. The paint, stain or other finish or siding material to be applied to any such building shall be selected and applied to blend in color and characteristics with surrounding natural features and cause such building to become as invisible as possible when observed from the AT.

No building or structure shall be constructed or erected within 500 feet of the AT at a height greater than 35 feet.

Operation of motorized vehicles such as ATVs, motorcycles and off-road vehicles on the AT or within 200 feet thereof is prohibited. No lands adjacent to the AT shall be disturbed or improved in such a way as to allow such vehicles to gain access to the AT.

Without limitation to § 330-80C(11), the illumination of sites, streets and parking areas within 500 feet of the AT shall be prohibited except where public safety would reasonably require illumination. In such event, lighting shall be carefully designed to prevent or minimize off-site illumination and glare. High-luminosity vapor lamps and other highly illuminating fixtures shall be prohibited on residential and nonresidential properties adjacent to the AT.

For purposes of construing these provisions, it is intended that these protections shall primarily serve to protect and heighten the outdoor experience of those who hike along the AT.

This section shall supersede all other sections or provisions of this chapter with which it may be in apparent conflict. In no event shall a developer rely upon projected density or tract yield pursuant to Article XI and Schedule B[1] to defeat the operation of this section.

Editor's Note: Schedule B, Bulk and Yard Requirements, is included at the end of this chapter.

§ 330-88 Improvement standards.

Unless otherwise specifically required pursuant to this section, the regulations contained in Article VIII of this chapter shall be applied to all residential development.

The title of Article VIII, being "Residential Development," notwithstanding, the provisions of the said article may be applied to nonresidential sites and development as and where appropriate in the reasonable opinion of the design engineer, subject to concurrence of the Planning Board Engineer; provided, however, that the following preemptive standards shall apply in the following circumstances: (Reserved).

§ 330-89 Transfer of development density and uses to conserve open space.

(Reserved)

§ 330-90 Fire prevention - fire suppression systems.

[Added 7-9-2001 by Ord. No. 01-15]

General. All major subdivisions of 10 or more dwellings and all major site plans as defined by this chapter shall provide for an adequate and reliable water supply. By definition, it is a water supply, in the form of on-site cistern or dry hydrant system, that is sufficient every day of the year to control and extinguish anticipated fires in the municipality, particular building, or building group served by the water supply, approved by the Township of Vernon Fire Official, herein known as the "authority having jurisdiction." The authority having jurisdiction is the organization, office or individual responsible for approving equipment, an installation or a procedure, and in accordance with the criteria identified herein.

Existing public or private central water supply. Where an existing public or private central water supply is available and has been approved by the Vernon Township Fire Department for minimum fire-fighting purposes, fire hydrants shall be installed at appropriate locations as recommended by the authority having jurisdiction.

Distances between hydrants along streets shall not exceed 1,000 feet.

The maximum distance from each building or structure of a site plan to the nearest fire hydrant shall not exceed 500 feet by way of a hard surfaced and maintained road, drive or designated fire lane access.

The entire existing central water supply system and each new hydrant shall have a capacity to provide a minimum flow rate of 1,500 gallons per minute (gpm) at 20 pounds per square inch (psi) residual pressure for a minimum duration of two hours.

Hydrants shall be installed in accordance with ANSI/AWWA C502, "Dry Barrel Fire Hydrants," latest edition; painted as directed by the authority having jurisdiction; and tested in accordance with NFPA 291, "Recommended Practice for Fire Flow Testing and Marking of Hydrants," latest edition, to ensure compliance with fire flow requirements. Acceptance test data shall be provided to the authority having jurisdiction for review and approval.

All central fire suppression systems shall conform to all applicable standards of the National Fire Protection Association (NFPA), American Water Works Associations (AWWA), N.J.A.C. 7:10-7 through 7:10-11.3 (commonly known as the "Safe Drinking Water Act Regulations").

In areas where public or private central water supply is available, but such water supply does not have the capacity to satisfy the minimum standards established in Subsection B(3) herein, such central water supply system shall be supplemented with additional measures to satisfy the minimum fire suppression requirements of the Township in that particular area being served. Such additional measures may involve any one or a combination of the following: installation of booster pumps with appurtenances, installation of underground water storage tanks with appurtenances, installation of dry hydrant connections to streams or ponds with appurtenances, creation of drafting points with appurtenances, or such other means of increasing fire-fighting capability as may be recommended and approved by the authority having jurisdiction.

Fire suppression system. Where a public or private central water supply is not available, an adequate and reliable water supply, as detailed in Subsection A, shall be installed to provide a source of water for fire fighting. The locations of all fire suppression systems and appurtenances shall be approved by the authority having jurisdiction and be in compliance with this section as well as based on the engineering standards set forth by the NFPA Standard 1231 1993. Unless an equivalent alternate fire suppression system is authorized by the Planning Board and the authority having jurisdiction, fire suppression systems shall consist of the installation of underground water storage tank systems (cisterns) with appurtenances or the installation of dry hydrant connections to streams or ponds with appurtenances. They shall be constructed and installed in accordance with this chapter and in accordance with the Township of Vernon Standard Construction Details for such systems, as engineering standards set forth by the NFPA Standard 1231 1993:

In all cases where a fire suppression system is required, no construction permit shall be issued for a dwelling or principal structure upon any lot within the subdivision or site plan until, to the extent necessary to afford adequate and reliable water supply to such dwelling or principal structure, such system is installed and its operability tested and approved by the authority having jurisdiction.

All developments must be designed to allow for the access of emergency vehicles, including fire apparatus, ambulances and police cars. Fire lanes shall be provided for commercial and industrial-type developments to provide access to adequate and reliable water supply facilities.

Minimum fire-fighting water supply requirements shall conform to NFPA Standard 1231-93.

Blocking suction standpipes and dry hydrant shall be considered the same as blocking a fire hydrant on a street or roadway, and the same penalties shall apply.

Underground water storage tank systems. This system shall comply with the items set forth below, at a minimum, and where feasible but as not to cause hardship, adhere to NFPA 1231-93 Appendix B, Section 4.2, whichever is more stringent. Such determination is to be made by the Vernon Township Planning Board as well as the authority having jurisdiction.

For subdivisions in the residential zone districts, underground water storage tanks shall be located and installed so that no dwelling is farther than 2,000 linear feet from any such tank as measured along the street, either public or private, and the access driveway to the dwelling. In no event shall the distance between tanks be greater than 2,000 linear feet. At least one tank shall be installed for each 2,000 linear feet of street length or fraction thereof.

For site plans, underground water storage tanks shall be located and installed not farther than 500 feet from any principal structure.

The minimum capacity of every underground water storage tank within residential zone districts shall be 30,000 usable gallons.

Tank capacities for nonresidential developments shall be based on the degree of hazard of the proposed structures to be protected as reviewed and approved by the authority having jurisdiction, but shall in no event be less than 30,000 usable gallons.

All underground water storage tanks shall be constructed of precast steel reinforced concrete or fiberglass and shall be sized to provide the minimum capacity required pursuant to Subsection D(3) and (4) herein.

All tanks shall be installed in accordance with manufacturer's specifications for installation and shall be provided with all necessary appurtenances and equipment which shall be readily accessible to fire-fighting equipment. Shop drawings shall be submitted for review and approval by the Vernon Township Engineer and Fire Official.

Each tank shall be equipped with a suction standpipe riser, an air vent and two lockable access manholes.

Suction standpipe riser connections shall be capable of producing 1,000 gpm for a minimum of 75% of the tank capacity.

All underground tanks shall be equipped with means for preventing accumulations of silt and debris.

The final design, location and installation of underground water storage tanks shall be approved by the authority having jurisdiction.

Dry hydrant systems. This system shall comply with the items set forth below, at a minimum, and where feasible, but as not to cause hardship, adhere to NFPA 1231-93 Appendix B, various sections as applicable to this type system, whichever is more stringent. Such determination is to be made by the Vernon Township Planning Board as well as the authority having jurisdiction. If a stream or pond exists on or near a property that requires an adequate and reliable water supply, the stream or pond can be proposed to be developed into an adequate and reliable water supply utilizing a dry hydrant system, subject to approval by the authority having jurisdiction.

A fire pond must be capable of providing a minimum of 100,000 gallons of pumpable water.

A fire pond is subject to all the provisions specified for suction points, suction standpipes and access roads.

The suction point for any dry hydrant shall be of a depth below the water surface of no less than 36 inches so as to prevent whirlpooling from above and a minimum of 24 inches above the water body bottom to prevent the intake of debris from below.

Dry hydrants installed as part of any site plan approval shall be maintained by the property owner. This includes the clearing of snow and ice in the winter and keeping free of debris and vegetation at other times of the year. Inspections of the dry hydrants will be performed by the Fire Department and repairs shall be performed by the property owner as deemed necessary by the Fire Official.

Specifications of suction standpipes.

Piping: PVC, schedule 40 minimum or steel well casing; size six-inch diameter minimum; water source end shall be fitted with a screening assembly to prevent the entry of fish, wildlife and sediment, said screening assembly to be fabricated from PVC or stainless steel.

Threads: 4 1/2 inches national standard thread; cap and chain to be provided to protect threads and prevent the entry of foreign matter.

The suction standpipe riser with the threaded end shall not exceed 24 inches in height above ground level and shall be painted red in color.

A permanent sign reading "Fire Department Suction Point," approved by the authority having jurisdiction, shall be installed at every suction riser location to show the existence of such fire protection system. In addition, "no stopping or standing" zones shall be delineated at each suction point location for a distance of 75 feet in each direction from such point on both sides of the street or area located. Such delineation shall be appropriately identified by signs meeting New Jersey Department of Transportation design standards.

Suction standpipe risers shall be located such that the street or roadway or access drive will enable the fire apparatus to get within 10 feet of the standpipe.

No suction point shall have a vertical distance between the water's surface or tank bottom and the center of the apparatus' pump greater than 17 feet.

Specifications and maintenance of access road.

Roadbed specifications:

Width: 12 feet minimum.

Base: four-inch thick three-fourths-inch quarried process crushed stone minimum.

Top coat: two-inch thick FABC asphalt.

Access roads shall be properly maintained by the property owner, keeping clear of snow and ice in the winter and free of debris and overgrown vegetation at all other times of the year.

Access roads shall be clearly marked with a metal sign (eight inches by 12 inches, with red letters on a white background) or yellow letters (12 inches height minimum) painted on the roadway with the words "No Parking — Fire Department Access Road."

At locations of streams or ponds, a metal guardrail or other approved vehicle restraint shall be installed at the end of the access road to prevent the fire apparatus and other vehicles from entering the water.

If a chain or gate is to be installed, the Fire Department shall be so notified, and, if locked, a copy of the key or combination shall be made available to the Fire Department. The Fire Department shall be notified 16 days before any lock changes are made, and keys or combinations shall be made available to the Fire Department 16 days before the change is made.